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OPEN
BURNING
EFFECTIVE
JULY 18, 1996
NOTE: The
Fire Marshal is the Open Burning Official
Sec. 8-26
Definitions
The following words, terms and phrases, when used in this
article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a
different meaning:
BRUSH -
means shrubs, vegetation or prunings the diameter of which
is not greater than three inches at the widest point.
CERTIFICATE
- means a certificate of open burning issued by the open
burning official in such form or detail and valid for such
period of time as the open burning official may
prescribe.
GRILL
BARBECUE OR OUTDOOR FIREPLACE - means any masonry or metal
structure used only for cooking outdoors and not used for
any disposition of material specified in the definition of
open burning.
OPEN BURNING
- means any fire in the open air or outside the confines of
a building for the purpose of (1) the prevention, control or
destruction of diseases and pests and agricultural burning
for vegetation management; (2) the disposal of brush by a
resident on the property where he or she resides; (3) the
disposal of dangerous material such as toxic gases, where
there is no reasonable alternative method of disposal; (4)
thwarting a hazard which cannot properly be managed by any
other means or is necessary for the protection of the public
health; (5) fires in saltwater marshes; (6) subject to the
provisions of Section 8 - 32, fire training exercises and
(7) any open fires other than those set forth in Section 8 -
27(a).
OPEN BURNING
OFFICIAL - means any person appointed by the First Selectman
designated and certified by the Commissioner of the
Department of Environmental Protection as a local open
burning official. The Open Burning Official may serve in a
temporary capacity from the date of his or her appointment
until certification by the Commissioner of Environmental
Protection.
SEC. 8 - 27
PERMIT REQUIRED; DISTANCE FROM STRUCTURES
(a) No person shall kindle an Open Burning within the town
without a certificate. This requirement does not apply to
the following: a) the use of an outdoor grill, barbecue or
outdoor fireplace for cooking food for human consumption and
b) fires to abate an immediate fire hazard provided the
abatement fire is supervised by a responsible fire
official.
(b) No
person shall kindle an Open Burning unless the location of
the Open Burning is no less than fifty (50) feet from any
structure, woodlands and grasslands and adequate provision
is made to prevent the fire from spreading within fifty (50)
feet of any structure or other combustible material in an
uncontrolled manner.
SEC. 8 - 28
TIME OF BURNING
Open Burning shall be done only between the hours of 10:00
a.m. and 5:00 p.m. as specified on the Certificate and shall
only occur on sunny or partly sunny days when wind speed is
5 to 15 miles per hour.
SEC: 8 - 29
ATTENDANCE
An Open Burning shall be constantly attended by the
Certificate holder until the fire is extinguished. This
person shall have extinguishing equipment readily available
for use.
SEC. 8 - 30
AUTHORITY TO PROHIBIT DURING HAZARDOUS CIRCUMSTANCES
The Open Burning Official or the fire marshal may prohibit
any or all Open Burnings when atmospheric or local
circumstances make such fires hazardous.
SEC. 8 - 31
ADDITIONAL CONDITIONS
For all Open Burning described in subsection (3) of the
definition of Open Burning, only materials and quantities
specified on the Certificate may be burned and the Open
Burning Official may add any reasonably specifically
identified conditions if circumstances indicate that air
pollution standards will be violated by Open
Burning.
SEC. 8 - 32
FIREFIGHTER OR EMPLOYEE INSTRUCTION
Notwithstanding the provisions of Section 8 - 27, fires for
training firefighters and methods of firefighting where
liquid fuels are burned shall not require a
Certificate.
SEC. 8 - 33
CERTIFICATE PROCEDURES
(a) A signed, written Certificate from the Open Burning
Official is needed for Open Burning for each specific
location. (b) Certificates will be issued by the Open
Burning Official for a period of time specked on the
Certificate. (c) Daily verbal permission for an Open Burning
is required by calling the fire department and giving the
name and address of the Certificate holder and the
Certificate number. (d) Certificates will not be issued if:
(1) a hazardous health conditions will be created; (2) a
salvage operation by Open Burning will be conducted; (3) a
practical alternative method of disposal for the material to
be burned is available; (4) such Open Burning would
interfere with or prevent the attainment or maintenance of
ambient air quality standards imposed., by state or federal
law; (5) forest fire danger, as determined by the state
forest fire warden, is high or extreme and the area where
the Open Burning is conducted is within one hundred (100)
feet of a woodland or grassland. (e) A Certificate is not
needed for outdoor cooking, grills or fireplaces. Permission
is needed for campfires and bonfires and may be obtained by
calling the town fire marshal.
SEC. 8 - 34
BURNING RESTRICTIONS
The following shall not be burned: (1) tires, oil waste,
fuel waste or any other material that emits large quantities
of smoke; (2) garbage or animal or vegetable waste; (3)
automobiles or parts removed from vehicles; (4) paper,
grass, metals. plastics, leaves, rubber, painted materials
or demolition waste.
SEC. 8 - 35
ENFORCEMENT
This article shall be enforced by the police department with
warning or arrest. During an air pollution alert, all
burning will be prohibited.
SEC. 8 - 36
PENALTY
Any person who violates any provisions of this article shall
be fined not more than one hundred ($100.00) dollars per
occurrence in addition to any applicable state or federal
fines or penalties.
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