| (a) Prior to conducting prescribed burn activities,
a certified and insured prescribed burn manager must:
(1) provide written notification to the residents,
owners, occupants or operators of structures containing sensitive
receptors if they are located within 300 feet of and in the general
direction downwind from the prescribed burn;
(2) provide the landowner or landowner's agent:
(A) proof of current insurance coverage applicable
to the prescribed burn that meets the minimum requirements set forth
in §227.1 of this title (relating to Minimum Insurance Requirements);
and
(B) proof of current prescribed burn manager certification;
and
(3) maintain the documentation required in paragraph
(2) of this subsection on site at all times during a prescribed burn.
(b) Failure to comply with any of the notice requirements
in subsection (a) of this section is a violation that may result in
penalties under Chapter 4 of this title (relating to Prescribed Burning
Board Enforcement Program).
(c) In addition to the TCEQ notification requirements
set forth at Title 30, Chapter 111, Subchapter B of the Texas Administrative
Code (relating to Outdoor Burning), the certified and insured prescribed
burn manager is also responsible for compliance with additional notification
requirements for prescribed burns which may vary by county, including
local ordinances.
(d) It is strongly recommended that the certified and
insured prescribed burn manager alert local officials by providing
notice to the county sheriff's office and local fire authorities in
proximity of the prescribed burn prior to burning.
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