Section Res 5601.01 - Definitions(a) "Attended" means that an individual responsible for the fire and capable of extinguishing the fire is on the same property as the fire, is able to immediately extinguish the fire, and has the fire in plain view.(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 diameter and covered with a tight cover made of a metal screen or hardware cloth for the burning of permissible materials.(c) "Category I fire" means a small controlled fire, such as a camp or cooking fire, no greater than 2 feet in diameter contained within a ring of fire resistive material or in a portable fireplace, for which a permit can be issued on a seasonal basis, and that is not closer than 25 feet from a structure.(d) "Category II fire" means a controlled fire, such as a camp or cooking fire, no greater than 4 feet in diameter contained within a ring of fire resistive material or in a portable fireplace, for which a permit can be issued on a seasonal basis, and that is not closer than 50 feet from a structure.(e) "Category III fire" means any other fire not a category I or category II fire or a fire greater than 4 feet in diameter or a fire not contained within a ring of resistive material, for which a permit can be issued up to 7 consecutive days, and that is not closer than 50 feet from a structure.(f) "Category IV fire" means a fire, other than a category I fire, that can be kindled between the hours of 9:00 am and 5:00 pm whether raining or not, for which a permit can be issued on a seasonal basis, and that is not closer than 50 feet from a structure.(g) "Completely extinguished" means to extinguish so that it emits no smoke, heat or flames. The term does not include a buried fire.(h) "Director" means "director" as defined in RSA 227-G:2, IV, namely "the director of the division of forests and lands, department of resources and economic development."(i) "Division" means "division" as defined in RSA 227-G:2, V, namely "the division of forests and lands, department of resources and economic development."(j) "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 of regulating fire draft and constructed as a solid fuel appliance.(k) "Fire permit" means DRED form 5601A issued for a category I, II, or III fire or a DRED form 5601B issued for a category IV fire, and which can be in electronic format including the use of electronic signature pursuant to RSA 294-E.(l) "Ground covered 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 until the fire is completely extinguished.(m) "Hardware cloth" means a screen like material made of metal with openings no larger than 1/4 inch which is available for purchase at most hardware stores.(n) "Kindle" means from the point of ignition to the time of complete extinguishment.(o) "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. The use of portable fireplaces is considered open burning.(p) "Permissible material" means clean, untreated wood, leaves or brush less than 5 inches in diameter, and meets applicable air resources regulations.(q) "Permittee" means a landowner or a person having written permission from the landowner.(r) "Portable fireplaces" means devices such as chimeneas, steel fire pits, and any other device designed to burn permissible combustibles other than gas or charcoal.(s) "Raining" means sustained precipitation that is actively occurring of sufficient intensity and duration so as to prevent fire from spreading in woodland fuels.(t) "Seasonal permit" means a permit issued on an annual basis for a category I, II and IV fire which expires no later than the end of the calendar year in which permit was issued.(u) "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 of 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.N.H. Admin. Code § Res 5601.01
(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14