Sec. 7. (a) Subject to subsection (b), a certified prescribed burn manager who conducts the prescribed burning in accordance with section 6 of this chapter is immune from civil liability for harm caused by the: (1) prescribed burn; or (2) smoke produced by the prescribed burn. (b) The immunity described in subsection (a) does not apply if the harm was the result of the certified prescribed burn manager's: (1) negligence; or (2) willful and wanton misconduct. (c) Subject to subsection (d), a landowner or landowner's agent who conducts prescribed burning on the landowner's property in accordance with section 6 of this chapter is immune from civil liability for harm caused by the: (1) prescribed burn; or (2) smoke produced by the prescribed burn. (d) The immunity described in subsection (c) does not apply if the harm was the result of the: (1) negligence of the landowner or the landowner's agent; or (2) willful and wanton misconduct of the landowner or the landowner's agent. (e) The division of forestry's officers, agents, and employees are immune from civil liability, in accordance with IC 34-13-3 , arising out of any of the following: (1) Participation in planning, undertaking, or assisting with prescribed burning. (2) Administration of the prescribed burn certification program, including revocation of prescribed burn certifications issued under the program.
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