FIRE PREVENTION ORDER
Order No. AZ910-2021-001
Arizona Year-Round Fire Restrictions
Under authority of the Federal Land Policy and Management Act of 1976 (Title 43, United States Code (U.S.C.), Section 1701, et. seq.) and pursuant to Title 43 Code of Federal Regulations (C.F.R) § 9212.0-6 it is the policy of the Bureau of Land Management (BLM) to take all necessary actions to protect human life, the public lands and resources and the improvements thereon through the prevention of wildfires.
Pursuant to 43 C.F.R. § 9212.2, the following acts are prohibited on BLM managed public lands, areas, roads, waterways, and trails in the state of Arizona. This order is in addition to and includes acts already prohibited under 43 C.F.R. § 9212.1 and/or certain Arizona State Laws. This order shall go into effect at 12:01am, MST, on May 8, 2021 through 11:59pm on May 7, 2022.
In the interest of wildfire prevention, public safety, and in compliance with 43 C.F.R. § 9212.2, these BLM actions complement and support state and local wildfire prevention laws and regulations, which apply to all BLM-managed lands within Arizona. This fire order does not supersede local BLM fire orders. The BLM District or Field Offices may issue seasonal fire restrictions through a fire prevention order, and may rescind those seasonal restrictions, as necessary.
Acts prohibited under this order:
- Possessing, discharging, or using fireworks or pyrotechnic devices. Fireworks include, but are not limited to, any device which produces noise, smoke, showers of sparks, or movement by combustion or explosive materials. Pyrotechnic device means any device manufactured or used to produce a light or sound effect by combustion, deflagration, or detonation. Explosives are defined by the U.S. Department of Transportation in 49 C.F.R. § 173. This definition includes all classes of fireworks.
- Releasing or causing to be released any sky lanterns, Chinese lanterns, airborne paper lanterns, aerial luminaries and/or fire balloons. Such items are typically made of wax covered paper with an opening at the bottom where a small fire is suspended. The ignition source is usually a small candle or fuel cell, and when lit the warm encapsulated air causes the lantern to rise and drift along wind currents.
- Possessing, discharging, or using tracer, explosive, steel core or incendiary ammunition, explosive chemical devices, or binary exploding targets defined by the Bureau of Alcohol Tobacco, Firearms and Explosives in 27 C.F.R. § 555. These include, but are not limited to:
- A bullet which contains a chemical tracer and leaves a path of light, smoke, or fire.
- An incendiary bomb, grenade, fire bomb, chemical bomb or similar device, which consists of or includes a chemical mixture which explodes with fire or force and can be carried, thrown, placed and/or shot with a firearm and/or projectile.
- Binary exploding targets include, but are not limited to, pre-packaged products consisting of two separate components, usually an oxidizer, such as ammonium nitrate and a fuel, such as aluminum or another metal.
- The discharging, using, or possessing of any combustible or explosive composition of any kind, or any substance or combination of substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. This includes, but is not limited to, incendiary or chemical devices, pyrotechnic devices or exploding targets.
- Igniting or causing to burn any tire, petroleum product, wires, magnesium, waste or any other hazardous or explosive materials.
Persons exempted from this order:
Any federal, state, local and/or military employee acting within the scope of their duties; members of any organized rescue or firefighting force performing official duty; and persons, agencies, municipalities, or companies with a written permit that specifically authorizes the otherwise prohibited act. All other fire restrictions, or necessary exemptions to these restrictions, will be handled through local permits issued at the district level. An exemption does not absolve an individual or organization from liability or responsibility for any fire started by an exempted activity.
Penalties for violating this order:
Any person who knowingly and willfully violates the regulations at 43 C.F.R. § 9212.1 shall, upon conviction, be subject to a fine of not more than $1,000 or imprisonment of not more than 12 months, or both, in accordance with 43 C.F.R. § 9212.4. In addition, such persons will be liable to the United States for damages through either an administrative process or in United States federal court.
This order will supersede and rescind all previous fire prevention orders related to explosives and fireworks issued by this office.
/s/ RAYMOND SUAZO
Digitally signed by RAYMOND SUAZO Date: 2021.05.05
Arizona State Director
Bureau of Land Management