Are Smudge Pots Legal in California?
In California, the answer to this question is a bit complicated. The fact is most smudge pots used for pest control are illegal, but some are legal depending on what they contain and who the user is.
Illegal Smudge Pots
The California Environmental Protection Agency has made it illegal to use smudge pots containing coal, charcoal, oil, tar, turpentine, or naphtha, as these chemicals are highly flammable. California also bans the open burning of smudge pots. This is due to their hazardous emissions and negligible effects on pests.
Legal Smudge Pots
California has made exceptions, however, for certain types of smudge pots. For instance, some pest control services are permitted to use special types of pots that contain pressurized air in order to deter birds or other animals from damaging crops or orchards. This type of smudge pot is legal in California with a permit from a local fire protection agency or agricultural commissioner.
Features of Legal Smudge Pots
Legal smudge pots in California must contain certain features, such as:
- Non-flammable materials – The containers cannot contain coal, charcoal, petroleum, tar, naphtha, turpentine, or other flammable materials.
- Pressurized air – The smudge pot cannot have an open flame. It must use pressurized air to create a loud noise and a thick smoke.
- Explosion-proof construction – The smudge pot must be constructed in such a way that it won’t explode, even when the pressurized air inside is released.
- Safety release valve – The smudge pot must include an emergency release valve for excess pressure.
Requirements for Using Legal Smudge Pots
In addition to having the right type of pot, users must also obtain a permit from a local fire protection agency or agricultural commissioner in order to legally use smudge pots in California. Furthermore, such uses must abide by any local restrictions or set-back requirements.
In conclusion, most smudge pots used for pest control are illegal in the state of California. However, certain types of smudge pots are legal if they contain pressurized air and have certain features, such as non-flammable materials, explosion-proof construction, and a safety release valve. In addition, users must obtain a permit from a local fire protection agency or agricultural commissioner in order to legally use smudge pots in California.
