36.10.132    DEFINITIONS

Unless the context requires otherwise, to aid in the implementation of the forest fire rules and regulations and as used in these rules:

(1) "Backpack pump" means a 5-gallon minimum, standard galvanized metal, fiberglass, or rubberized backpack water container with attached handpump; full of water at all times.

(2) "Bucket" means a metal, plastic, canvas, or fiberglass container capable of holding at least one gallon of water. Motorcycle helmets qualify.

(3) "Campfire" means a fire set for cooking, warming, or ceremonial purposes which meets the following criteria:

(a) not more than three feet in diameter or height;

(b) void of overhanging branches;

(c) all combustible material is cleared at least one and one-half times the diameter of the fire; or

(d) a barbecue in a noncombustible container.

  

(4) "Combi tool" means a tool combining a shovel and pick.

(5) "Department," as defined in 76-13-102(2), MCA, means the Department of Natural Resources and Conservation as provided for in 2-15-3301, MCA.

(6) "Firewarden" includes the following:

(a) a person employed by a local government fire protection entity provided for in Title 7, chapter 33, MCA, by the state of Montana, by the federal government, or by any other governmental or nongovernmental entity the department recognizes as a fire-protection agency. A firewarden must meet the qualifications of a firewarden as provided in 76-13-116, MCA, and ARM 36.10.133; and

(b) "firefighter," as that term is used in ARM 36.10.134.

(7) "Fireworks" means as defined in 50-37-101, MCA.

(8) "Forested land" means land that has been classified as forest land by the department and has enough timber, standing or down, slash, or brush to constitute in the judgment of the department a fire menace to life or property. Grassland and agricultural areas are included when those areas are intermingled with, or contiguous to and no further than one-half mile from areas of forest land.

(9) "Hazard" means a condition that promotes the ignition and/or spread of a wildland fire.

(10) "Open fire" means the burning of a bonfire, rubbish fire, or other fire in an outdoor location where fuel being burned is not contained in a closed incinerator, or outdoor fireplace. Barbecue pits and burn barrels are considered open fires and therefore require a burning permit (see ARM 36.10.123).  

(11) "Pulaski" means an ax with a medium size sharp grub hoe opposite the ax blade.

(12) "Recognized agency" means an agency organized for the purpose of providing fire protection and recognized by the department as giving adequate fire protection to lands in accordance with rules adopted by the department.

(13) "Risk" means an action or device that could cause a wildland fire to ignite.

(14) "Shovel" means vehicle, equipment, and chainsaw operator shovels that have a minimum overall length of 36 inches and a round pointed shovel head with a minimum width of six inches.

(a) Shovels required for campfires must be at least 24 inches in length with a pointed shovel head. Folding handles qualify.

History: 76-13-104, 76-13-140, MCA; IMP, 76-13-104, 76-13-140, MCA; NEW, 1996 MAR p. 1502, Eff. 6/7/96; AMD, 2008 MAR p. 2559, Eff. 12/12/08.