7 Del. Admin. Code § 1113-4.0
Current through Register Vol. 28, No. 1, July 1, 2024
Section 1113-4.0 - Prohibitions and Related Provisions4.1 No person shall cause or allow open burning of refuse.4.2 No person shall cause or allow open burning in the conduct of a salvage operation.4.3 No person shall cause or allow the open burning of fallen leaves.4.4 No person shall cause or allow open burning otherwise permitted by this regulation when, in the judgment of any Department employee, fire marshal or law enforcement officer: 4.4.1 A condition of air stagnation exists or a Code Red or Code Orange has been issued; or4.4.2 The open burning impacts a person's health, comfort, use, or enjoyment of his or her real property.4.5 No person shall conduct any open burning allowed by this regulation without giving prior notice to the Fire Call Board for the county in which the fire will occur.4.6 No person shall use tires, waste oil, off-specification oil or any oil heavier than No. 2 as an auxiliary fuel for an open burn.4.7 Any person causing or allowing open burning shall remain present and closely supervise all fire or fires at all times until the fire or fires are completely extinguished.4.8 No person shall use more than the minimum amount of auxiliary fuel needed to initiate an open burn.4.9 Upon being instructed to do so by any Department employed enforcement officer, fire marshal, fire officer in charge or law enforcement officer, any person shall immediately cease open burning and shall immediately extinguish all active open burning on their property or under their control. 4.10 No person shall cause or allow any open burning when a burn ban has been issued by the Delaware State Fire Marshal, even though the activities would have otherwise been permitted by this regulation.4.11 This regulation shall not be construed to permit open burning where it is otherwise prohibited.4.12 No person shall burn for the purpose of land clearing except as permitted in 6.2.2 of this regulation. 04/11/2007
7 Del. Admin. Code § 1113-4.0