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New Hampshire Code of Administrative Rules - Res
5601
Fire Permits |
Res 5601.01 Definitions
(a) "Attended" means that an individual responsible
for the fire and capable of extinguishing the fire be on
the same property as the fire and be able to
immediately extinguish the fire.
(b) "Burn Barrel" means a barrel or similar device not
larger than 7 cubic feet in size and made of a heavy
gauge metal that is solid with no holes larger than 1/2 inch in
diameter and covered with a tight cover
made of a metal screen or hardware cloth for the burning or
permissible materials.
(c) "Category I fire" means a small, uncontrolled
fire, such as a camp or cooking fire, no greater than four feet
in diameter contained within a ring or fire resistive material
or in a portable fireplace.
(d) "Category II fire" means a controlled fire, such
as a camp or cooking fire, no greater than four feet in
diameter contained within a ring or fire resistive material or
in a portable fireplace.
(e) "Category III fire" means any other fire not in a
Category I or Category II fire or a fire greater than four
feet in diameter or a fire not contained within a ring or fire
resistive material.
(f) "Category IV fire" means a fire, other than a
Category I fire, that can be kindled between the hours of 9:00
a.m. and 5:00 p.m. whether raining or not.
(g) "Commercial Burning" means the on-site burning of
permissible material, by a contractor or a person
using hired help, where no other means of disposal is available
such as, but not limited to, chipping or
hauling to an approved disposal site.
(h) "Completely Extinguished" means to extinguish so
that it emits no smoke, heat or flames.
(i) "Enclosed Container" means any such purpose-built
device, container, or vessel so constructed as to be
completely enclosed by
solid fire resistive material, attached to a stack or chimney,
and capable or
regulating fire
draft and constructed as a solid fuel appliance. Such approved
devices are exempt from
the inspections or permits required under this section.
(j) "Fire Permit" means DRED form 5601 issued for a
Category I, II, III or IV fire.
(k) "Covered Ground with snow" means the area within a
100 foot radius from the fire edge is covered with
snow or other frozen precipitation sufficient to prevent the
combustion of woodland fuels for the duration
of the fire.
(l) "Hardward Cloth" means a screen like material made
of metal with opening no larger than 1/4 inch which
is available for purchase at most hardware stores.
(m) "Open Burning" means the burning of any material
wherein products of combustion are emitted directly
into the ambient air without passing through a stack or chimney
from an enclosed container.
(n) "Portable Fireplaces" means devices such as
chimeneas, steel fire pits, and any other device designed to
burn permissible combustibles other than gas or charcoal.
(o) "Raining" means sustained precipitation that is
actively occurring of sufficient intensity and duration so as
to prevent fire from spreading in woodland fuels.
(p) "Seasonal Permit" means a permits issued on an
annual basis for a Category I fire.
(q) "Stack" means a
manufactured or field constructed chimney for non-residential
use made of solid
masonry
units, bricks, stones, reinforced portland cement, one or more
metal walls, or made of metal
with a refractory lining, or any suitable chimney lining that is
capable of withstanding the flue gas
conditions or its use, connected to the appliance in an air
tight manner and of such height as to properly
regulate draft and control the emission of sparks.
Res 5601.02 Fire Permit Issuing
(a) Except as provided in this section, no person
other than a forest fire warden shall issue fire permits.
(b) The director shall authorize others to issue fire permits
after recommendation by the forest fire warden.
(c) Category IV fire permits shall be issued jointly by a forest
ranger and forest fire warden, or in lieu of the
forest fire warden, the authorized issuing agent.
Res 5601.03 Category I, II and III Fire
Permit.
(a) A forest fire warden or
authorized issuing agent shall issue a category I, II, III fire
permit indicating the following.
(1) The name of the permittee;
(2) The land owner name and address, if different
than the permittee;
(3) The location where fire is to be kindled;
(4) The date(s) the fire is authorized to occur and
the specific time;
(5) The category the fire permit is for;
(6) The name of the forest fire warden or authorized
issuing agent;
(7) The town of the forest fire warden or
authorizing agent; and
(8) The date the fire permit was issued to the
permittee.
Res 5601.04 Category IV Fire Permit
(a) A forest ranger and forest fire warden,
or in lieu of the forest fire warden, the authorized
issuing agent
shall
issue a Category IV fire permit indicating the
following:
(1) The name, address and telephone number of the
company;
(2) The name and telephone number of the company's
agent;
(3) The grid location where the fire is to be
burned;
(4) The date(s) the fire is authorized to occur and
the specific time;
(5) The burning location and the materials to be
burned;
(6) The name and telephone number of the forest fire
warden to notify each day before burning, if
permit is issued for more than one day;
(7) A list of firefighting equipment required at
burning location;
(8) The name and town of the forest ranger and
forest fire warden, or in lieu of the forest fire
warden,
the authorized issuing agent; and
(9) The date the fire permit was issued to the
permittee.
(b) Prior to being issued a permit, the company's
agent shall be required to provide the company's name, the
town the burning location is in, and their signature
on the fire permit.
Res 5601.05 Charcoal Fires-
Charcoal fires in a container off the ground kindled
by the landowner or with
his written permission and all controlled camp stoves
shall not require a fire permit.
Res 5601.06 Age Limit- No permit
shall be issued to any person under the age of 18
years.
Res 5601.07 Permit Restrictions- A written
fire permit shall be summarily suspended pursuant to
RSA 541-A:30, III, if any of the following fire permit
restrictions are violated:
(a) If a fire is kindled, or material is burned
between the hours of 9:00 a.m. and 5:00 p.m. unless it
is actually
raining, except commercial permits.
(b) If a fire is kindled, or material is burned which
is in nonconformance with permit information provided
for
by Res 5601.02 (c).
(c) If a fire is kindled, or a material is burned
during unfavorable weather conditions or when a
proclamations
closing the
woodlands is in force. Unfavorable weather conditions
shall include, but are not limited to,
wind, lack of
precipitation, or any other factor which could
increase the fire hazard.
(d) If a fire is kindled, or a material is
burned, when specified assistance or suppression
equipment is not
present to control the fire.
(e) If permittee fails to keep the fire under control,
or if the director, the director's authorized agents,
or
warden feel that
the material being burned is causing an unusual hazard
endangering life and/or
property.
(f) If material being burned violated any state law,
rule, local ordinance or New Hampshire Department of
Environmental Services rules
regarding open burning.
(g) If a fire is left unattended at any time prior to
it being completely extinguished.
(h) If fires are kindled or material burned closer
than 50 feet from any structure and if provisions are
not
made to prevent a fire
from spreading to within 50 feet of a structure unless
a fire is in an enclosed
container in which case
it shall not be closer than 25 feet from any
structure.
Res 5601.05 Commercial Burning Permits- Commercial
burning permits shall be issued jointly by a forest
ranger and warden, or issuing agent for the kindling
of a fire or burning of material between the hours of
9:00 a.m. and 5:00 p.m. whether it is raining or not.
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New Hampshire Code of Administrative Rules - Res
5602
Camp and Cooking Fires |
Res 5602.01 Campfire
Permit Public Places
(a) Agents and/or operators of publicly owned
camp or picnic grounds shall obtain an annual written
fire
permit from the town forest fire warden for use of
outside fireplaces.
(b) Fireplaces referenced in (a) above shall:
- (1) Be on an area cleaned to mineral soil at least 8 feet
across;
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(2) Have at least 6 inches of sand or gravel under the fire
for any fire built on the ground;
- (3) Have no limbs or other burnable material to a height
of 10 feet above the fireplace area; and
- (4) Be constructed so they cannot be moved from their
mineral soil area.
Res 5602.02 Campfire Permit Private Places
(a) Owners of privately owned camp or picnic grounds shall
obtain an annual written permit from the town
forest fire
warden for use of approved outdoor fireplaces or other camp or
cooking fires used in the
operation of
the camp or picnic ground.
(b) Fireplaces referenced in (a) above shall be the
same as 5602.01 (b) (1-4)
Res 5602.03 Charcoal Fires- Charcoal fires in a container off
the ground kindled by the landowner or with
his/her written permission and all controlled camp stoves
shall not require a permit.
Res 5602.04 Cooking Fires- Cooking fire authorized by written
permission of the appropriate forest fire
warden may be kindled at any time whether it is raining or
not.
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New Hampshire Code of Administrative Rules - Res
5603
Disposal Sites |
Res 5603.01 Authorization for Burning
(a) In addition to any other permits that might be required, written
authorization in advance shall be obtained from the New Hampshire Department
of Environmental Services for burning by cities and towns of untreated wood
and dimension lumber from the demolition of buildings, leaves and brush 5
inches in diameter or less which originates from within the state.
(b) All burning authorized under this section shall be conducted in conformity
with the provisions of New Hampshire Department of Environmental Services
rules Env-A 1000.
(c) A burning permit pursuant to RSA 227-L:17, II shall be required for all
burning authorized under this section.
Res 5603.02 Fire Line Definition
(a) A fire line consisting of a strip at least 8 feet wide, cleared to mineral
soil, shall be constructed and
maintained around the brush dump
site to prevent fire from spreading into adjacent areas. The fire line
shall be located not less than 50
feet nor more than 100 feet from the burn area.
(b) If physical conditions exist which would make such fire line construction
unfeasible, the construction of
the fire line shall not be required.
Such physical conditions shall include, but are not limited to hedges,
swamps, marshes, roads and ledges.
(c) All growth, including trees, brush, and slash, shall be removed from the
area inside the fire line. Slash
shall also be removed for a distance
of 50 feet outside the fire line.
(d) The area inside the fire line shall be burned over periodically whenever
there is sufficient amount of
grass, weeds, brush, debris,
and other flammable material to communicate fire. Other areas, as stated in
paragraph (b) of this section,
above where the fire line construction is unfeasible, shall also be burned
over a distance of 100 feet
from the burn area if it, too, bears a sufficient amount of such growth and
material to communicate fire.
Res 5603.03 Precautions
(a) On all brush burning disposal areas, an attendant shall be on duty at all
times while active burning is in
process.
(b) When a ban on open fires has been declared, brush disposal areas may only
be burned at times when
fire protection is provided to
keep the fire under control and keep from spreading, as determined by the
forest fire warden or a forest
ranger.
Res 5603.04 Rule Violation- The local forest fire warden
and/or forest ranger shall bring to the attention of
the selectmen, mayors of
cities or towns and city managers, any violation of these rules so that
expeditious corrective
action shall be effective.