[HISTORY: Adopted by the Town Council of the Town of Mansfield 8-12-1996, effective 9-9-1996. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Open Burning Ordinance".
As used in this chapter, the following words or phrases shall have the meaning ascribed to them in this section:
- AMBIENT AIR SPACE
- The unconfined space occupied by the atmosphere above the geographical region of Mansfield.
- Shrubs, vegetation or prunings, the diameter of which is not greater than three (3) inches at the widest point.
- Any structure which is enclosed by a roof and walls and is used for any occupancy such as a dwelling, a place of assembly, institutional uses or business.
- The Commissioner of the State of Connecticut Department of Environmental Protection.
- The discharge into the open air of any smoke, soot, dust, fumes, odors or other emissions which cause injury, detriment or annoyance or which endanger the comfort, repose, health or safety of the public or which cause, or are likely to cause, injury or damage to business or property.
- OPEN BURNING
- Any burning outside the confines of a building.
- OPEN BURNING OFFICIAL
- The Town Manager or his or her designee(s).
Except as specified in § 114-4A, no person shall set, cause or permit an open fire without obtaining an open burning certificate from the Open Burning Official or the Commissioner or their respective designees.
An application for an open burning certificate for any fire described in § 114-4B shall be made on forms furnished by the Open Burning Official, and each applicant shall explain the purpose of the fire, the nature and quantity of material to be burned and any other information the Open Burning Official considers necessary.
A certificate issued under this section shall be applicable only for the occasion(s) or the purpose(s) for which it has been obtained.
Certificates shall not be required for the following types of fires:
Barbecues or other outdoor open fires for the cooking of food for human consumption.
Bonfires or other fires for recreational or ceremonial purposes, provided that the size of such fires do not exceed three (3) feet in any dimension. If the dimensions of such fires do exceed said constraints, verbal permission must be secured from the Open Burning Official or his or her designee. Furthermore, all such fires must have the permission of the property owner.
Fires for training firefighters in fire-fighting methods and where only liquid fuels are burned.
Fires in salamanders or other similar devices used by construction workers for heating purposes or fires essential to street installation or paving activities, the repairing of utilities or other similar work.
Certificates are required and may be issued by the Open Burning Official or his or her designees for:
Fires for any other of the following types of open burnings must be approved by the Commissioner as set forth in Section 19-508-17(b)(3)(i - v) of the Department of Environmental Protection regulations:
Fires for the disposal of dangerous material such as toxic gases, where there is no reasonable alternative.
Fires to thwart a hazard which cannot properly be managed by any other means or is necessary for the protection of public health.
Fires in salt water marshes.
The Open Burning Official shall deny issuance of an open burning certificate requested under § 114-4B when he or she determines that:
A hazardous health condition will be created by such burning.
The fire constitutes a salvage operation by open burning.
A practical and alternative method for the disposal of the material to be burned exists, including but not limited to the following techniques: chipping, cutting for forest products, landfilling, piling for protective cover for wildlife and stockpiling.
Such open burning would interfere with or prevent the attainment or maintenance of a relevant ambient air quality standard.
The forest fire danger, as determined by the State Forest Fire Warden, is high or extreme, unless specific approval to conduct open burning during high or extreme hazard days has been granted.
The Commissioner has issued an advisory of an air pollution emergency episode stage pursuant to Section 19-508-6 of the Department of Environmental Protection regulations.
Garbage, paper, grass, metals, plastics, leaves, brush, rubber, painted materials or demolition waste is to be burned.
Certificates approved shall be subject to such reasonable conditions as are necessary to avoid a nuisance or to protect the health, safety and comfort of the public, including but not limited to the following:
Only materials and quantities specified on the certificate may be burned.
The Open Burning Official shall specify on any permit the hours and days during which open burning is allowed.
Except for fire training exercises, burning shall only be permitted on sunny or partly sunny days when wind speed is five (5) to fifteen (15) miles per hour.
A copy of the certificate shall be kept in the possession of the applicant at the burning site at all times during said burning. The applicant shall call the Fire Department on the specific day that the open burning is to be conducted to determine the degree of fire hazard and to notify the Fire Department that the open burning will be conducted at the specific location. The name and phone number of the applicant and the hours of the burning shall also be included.
The Open Burning Official may revoke, in writing, any certificate or add any reasonable, specifically identified conditions if circumstances indicate that air pollution standards will be violated.
Any person who violates any provision of this chapter shall be subject to the following penalties and fines:
Persons failing to comply with the requirements of this chapter shall be in violation of this chapter and shall be subject to the penalties and fines outlined herein, and further provided that the fines for said violations shall be as follows:
The Open Burning Official may, when appropriate, seek enforcement of the provisions of this chapter by injunction and, in such event, the violator shall pay, as damages, a reasonable attorney's fee in prosecuting said action.
In addition, any person who violates any provision of the regulations of the Connecticut Department of Environmental Protection may be subject to the penalties prescribed in C.G.S. § 22a-175.