(a)    (1)    In this section the following words have the meanings indicated.

(2)    “Burning ban” means a complete ban on all open air burning that is declared by the Secretary or the Governor as a result of prolonged or unusual conditions conducive to the easy starting and spread of fire.

(3)    “Open air burning” means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney.

(4)    “Public officer” means:

(i)    The authorized agents of the Department; or

(ii)    Any police officer who is authorized to enforce the laws of the State or of a political subdivision of the State.

(b)    (1)    Subject to paragraph (2) of this subsection, a person may not start or allow open air burning in an area in which a burning ban imposed by the Secretary or the Governor is in effect.

(2)    This subsection does not apply to:

(i)    The supervised burning of buildings or solid, liquid, or gaseous fuels conducted under the direct control and supervision of qualified instructors at a training center operated by a fire department; or

(ii)    Any other supervised burning conducted under the direct control and supervision of:

1.    Qualified fire instructors; or

2.    In Wicomico County, Worcester County, or Somerset County, a fire chief, captain, or fire line officer of a fire department that has jurisdiction over the area where the supervised burning occurs.

(c)    On reasonable suspicion of open air burning on privately owned property in an area in which a burning ban is in effect, a public officer may enter on the privately owned property of any person to extinguish the fire or to enforce the provisions of this section.