(a) (1) In this section the following words have the meanings indicated. (2) 'Burning ban' means a complete ban on all open air burning that is declared by the Secretary or the Governor as a result of prolonged or unusual conditions conducive to the easy starting and spread of fire. (3) 'Open air burning' means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney. (4) 'Public officer' means: (i) The authorized agents of the Department; or (ii) Any police officer who is authorized to enforce the laws of the State or of a political subdivision of the State. (b) (1) Subject to paragraph (2) of this subsection, a person may not start or allow open air burning in an area in which a burning ban imposed by the Secretary or the Governor is in effect. (2) This subsection does not apply to: (i) The supervised burning of buildings or solid, liquid, or gaseous fuels conducted under the direct control and supervision of qualified instructors at a training center operated by a fire department; or (ii) Any other supervised burning conducted under the direct control and supervision of: 1. ect control and supervision of qualified instructors at a training center operated by a fire department; or (ii) Any other supervised burning conducted under the direct control and supervision of: 1. Qualified fire instructors; or 2. In Wicomico County, Worcester County, or Somerset County, a fire chief, captain, or fire line officer of a fire department that has jurisdiction over the area where the supervised burning occurs. (c) On reasonable suspicion of open air burning on privately owned property in an area in which a burning ban is in effect, a public officer may enter on the privately owned property of any person to extinguish the fire or to enforce the provisions of this section.
Maryland Legal Code