65A-8-211 - Closed fire season -- Notice -- Violations -- Burning permits -- Personal liability -- Exemptions from burning permits.
65A-8-211. Closed fire season -- Notice -- Violations -- Burning permits -- Personalliability -- Exemptions from burning permits.
(1) (a) The period from June 1 to October 31 of each year is a closed fire seasonthroughout the state.
(b) The state forester may advance or extend the closed season wherever and wheneverthat action is necessary.
(c) The alteration of the closed season is done by posting the appropriate proclamation inthe courthouse of each county seat for at least seven days in advance of the date the change iseffective.
(2) During the closed season it is a class B misdemeanor to set on fire, or cause to be seton fire, any flammable material on any forest, brush, range, grass, grain, stubble, or hay landwithout:
(a) first securing a written permit from the state forester or a designated deputy; and
(b) complying fully with the terms and conditions prescribed by the permit.
(3) The district fire warden appointed by the state forester or the county sheriff innonparticipating counties shall issue burning permits using the form prescribed by the division.
(4) (a) The burning permit does not relieve an individual from personal liability due toneglect or incompetence.
(b) A fire escaping control of the permittee that necessitates fire control action or doesinjury to the property of another is prima facie evidence that the fire was not safe.
(5) The state forester, his deputies, and the county sheriffs may refuse, revoke, postpone,or cancel permits when they find it necessary in the interest of public safety.
(6) (a) A burning permit is not required for the burning of fence lines on cultivated lands,canals, or irrigation ditches if:
(i) the burning does not pose a threat to forest, range, or watershed lands;
(ii) due care is used in the control of the burning; and
(iii) the individual notifies the nearest fire department of the approximate time theburning will occur.
(b) Failure to notify the nearest fire department of the burning as required by this sectionis a class B misdemeanor.
(7) A burning conducted in accordance with Subsection (6) is not a reckless burningunder Section 76-6-104 unless the fire escapes control and requires fire control action.
Renumbered and Amended by Chapter 136, 2007 General Session