(a) A certified and insured prescribed burn manager must maintain the following records:
(1) a current certificate of insurance that meets the requirements of §153.082 of the Natural Resources Code and §227.1 of this title (relating to Minimum Insurance Requirements), together with a complete copy of any applicable policy or policies, along with all endorsements, exclusions or limitations issued with respect to such policy or policies;
(2) the current certified and insured prescribed burn manager certificate; and
(3) certificates of completion for all approved CFT hours completed during the current certification period, on a form provided by the sponsor.
(b) A certified and insured prescribed burn manager must also maintain a prescribed burn file for each prescribed burn conducted which must include:
(1) the written burn plan that meets the requirements of §228.1 of this title (relating to Written Prescribed Burn Plan Required);
(2) documentation of notice to adjacent landowners and TCEQ, if required by §153.047(4) of the Natural Resources Code and §228.2 of this title (relating to Notification Requirements Prior to Prescribed Burns);
(3) documentation of notice to the county dispatch office and Texas A&M Forest Service, as required by §228.2 of this title;
(4) documentation of notice to TCEQ regarding coastal salt-marsh burning, if required by, as required by Title 30, Part 1, Chapter 111, Subchapter B, §111.211 of the Texas Administrative Code (relating to Exception for Prescribed Burn); and
(5) notices, when applicable, required by §228.4 of this title (relating to Conducting Burns During a Burn Ban).
(c) The records required by subsections (a) and (b) of this section shall be made available to the Department for inspection at the location of such records upon reasonable notice by the Department.
(d) Records required by subsections (a) and (b) of this section shall be kept for the longer of five years from the date of original issuance, or for so long as any complaint, litigation, or Department investigation is pending against the certified and insured prescribed burn manager.
Source Note: The provisions of this §227.4 adopted to be effective March 30, 2014, 39 TexReg 2279; amended to be effective May 25, 2023, 48 TexReg 2569