The provisions of this subchapter do not apply to: 
    (1)  Agricultural operations in the growing or harvesting of crops and the raising of fowl or animals; 

(2)  Use of equipment in agricultural operations in the growing of crops or the raising of fowl or animals; 

(3)  Barbecue equipment or outdoor fireplaces used in connection with any residence; 

(4)  Land clearing operations or land grading; 

(5)  Road construction operations and the use of mobile and portable equipment and machinery incident thereto; 

(6)  Incinerators and heating equipment in or used in connection with residences used exclusively as dwellings for not more than four (4) families; 

(7)  Fires set or permitted by any public officer, board, council, or commission when the fire is set or permission to burn is given in the performance of the duty of the officer for the purpose of weed abatement, the prevention or elimination of a fire hazard, or the instruction of employees in the methods of fire fighting, which is necessary in the opinion of the officer, or from fires set pursuant to permit for the purpose of instruction of employees of private industrial concerns in methods of fire fighting, or for civil defense instruction; or 

(8)(A)  Unless prohibited by municipal or county ordinance, open fires used at a construction site only for the purpose of warming persons on the site during cold weather.   

(B)  Such fires: 

(i)  Shall be fueled only by wood or wood products; 

(ii)  Must be controlled to the extent necessary to prevent a fire hazard or local nuisance; and  

(iii)(a)  Must be confined within a container made of nonflammable material. 
      (b)  Said container shall not exceed thirty inches (30") in width and thirty inches (30") in length. 

History. Acts 1949, No. 472, [Part 2], 4, as added by Acts 1965, No. 183, 7; A.S.A. 1947, 82-1934; Acts 1997, No. 259, 1.