13:9-44.6 - Discharge of incendiary device, operation of mechanism which might cause wildfire or machinery without spark arrestor; precautions; presumption on escape of fire - New Jersey Statutes

13:9-44.6.  Discharge of incendiary device, operation of mechanism which might cause wildfire or machinery without spark arrestor;  precautions; presumption on escape of fire
    No person shall discharge or cause to be discharged any incendiary device on  or across any forest land, or operate a welding torch or other mechanism which  may cause a wildfire, without clearing flammable material surrounding the  operation or without taking such other precautions as prescribed by the department to insure against the ignition and spread of wildfire, or cause to be operated any engine, locomotive, power vehicle, equipment, or other machinery not equipped with spark arrestors or other suitable controls, approved by the department by rule to prevent the escape of fire or sparks. Spark arrestors or devices must be in good working order and in use.  The department may prohibit the operation of any locomotive, rapid transit, engine,  equipment, or other motorized unit not properly equipped with department  approved fire protection devices.  Escape of fire from such equipment shall be  presumed to be evidence that it was not maintained properly in compliance with  this section.  Any person in violation thereof may be put upon his proof to  rebut such presumption in any civil proceeding under this act.

     L.1981, c. 369, s. 6, eff. Dec. 30, 1981.