| (a) A certified and insured prescribed burn manager
must maintain the following records:
(1) a current certificate of insurance that meets the
requirements of §153.082 of the Natural Resources Code and §227.1
of this title (relating to Minimum Insurance Requirements), together
with a complete copy of any applicable policy or policies, along with
all endorsements, exclusions or limitations issued with respect to
such policy or policies;
(2) the current certified and insured prescribed burn
manager certificate; and
(3) certificates of completion for all approved CFT
hours completed during the current certification period, on a form
provided by the sponsor.
(b) A certified and insured prescribed burn manager
must also maintain a prescribed burn file for each prescribed burn
conducted which must include:
(1) the written burn plan that meets the requirements
of §228.1 of this title (relating to Written Prescribed Burn
Plan Required);
(2) documentation of notice to adjacent landowners
and TCEQ, if required by §153.047(4) of the Natural Resources
Code and §228.2 of this title (relating to Notification Requirements
Prior to Prescribed Burns);
(3) documentation of notice to the county dispatch
office and Texas A&M Forest Service, as required by §228.2
of this title;
(4) documentation of notice to TCEQ regarding coastal
salt-marsh burning, if required by, as required by Title 30, Part
1, Chapter 111, Subchapter B, §111.211 of the Texas Administrative
Code (relating to Exception for Prescribed Burn); and
(5) notices, when applicable, required by §228.4
of this title (relating to Conducting Burns During a Burn Ban).
(c) The records required by subsections (a) and (b)
of this section shall be made available to the Department for inspection
at the location of such records upon reasonable notice by the Department.
(d) Records required by subsections (a) and (b) of
this section shall be kept for the longer of five years from the date
of original issuance, or for so long as any complaint, litigation,
or Department investigation is pending against the certified and insured
prescribed burn manager.
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