# Ark. Code Ann. § 8-4-305: Exceptions > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-305 ## Section - **Citation:** Ark. Code Ann. § 8-4-305 - **Heading:** Exceptions - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-305 ## Text 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 public officer, board, council, or commission for the purpose of weed abatement, vegetation disposal, 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 public officer, board, council, or commission, 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) The container shall not exceed thirty inches (30") in width and thirty inches (30") in length. Amended by Act 2023, No. 27,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 693,§ 8, eff. 7/24/2019. 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. 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 public officer, board, council, or commission for the purpose of weed abatement, vegetation disposal, 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 public officer, board, council, or commission, 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 vegetation disposal, 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 public officer, board, council, or commission, 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) The container shall not exceed thirty inches (30") in width and thirty inches (30") in length. (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) The container shall not exceed thirty inches (30") in width and thirty inches (30") in length. (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) The container shall not exceed thirty inches (30") in width and thirty inches (30") in length. (a) Must be confined within a container made of nonflammable material. (b) The container shall not exceed thirty inches (30") in width and thirty inches (30") in length. Amended by Act 2023, No. 27,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 693,§ 8, eff. 7/24/2019. 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. ## Nearby sections - [Ark. Code Ann. § 8-4-301 Legislative intent](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-301.md) - [Ark. Code Ann. § 8-4-302 Purpose](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-302.md) - [Ark. Code Ann. § 8-4-303 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-303.md) - [Ark. Code Ann. § 8-4-304 Applicability of water pollution provisions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-304.md) - [Ark. Code Ann. § 8-4-305 Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-305.md) - [Ark. Code Ann. § 8-4-306 Political subdivisions preempted - Exception](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-306.md) - [Ark. Code Ann. § 8-4-307 Private rights unchanged](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-307.md) - [Ark. Code Ann. § 8-4-308 Industrial secrets confidential](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-308.md) - [Ark. Code Ann. § 8-4-309 Construction limited - Exception](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-309.md) - [Ark. Code Ann. § 8-4-310 Unlawful actions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-310.md) - [Ark. Code Ann. § 8-4-311 Powers generally](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-311.md) - [Ark. Code Ann. § 8-4-312 Factors in exercise of powers](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-312.md) - [Ark. Code Ann. § 8-4-313 Variance from rules or general orders](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-313.md) - [Ark. Code Ann. § 8-4-314 Compliance Advisory Panel - Small Business Stationary Source Technical and Environmental Compliance Assistance Program - Marketing Recyclables Program](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-314.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C4_S3_S8-4-305. Check the current official text before relying on it. Not legal advice.