City of Middletown, CT
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Middletown 6-3-1996; amended 3-3-1997. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 161.
Parks and recreation areas — See Ch. 214.
Solid waste — See Ch. 253.
Bonfires — See Ch. 262, § 262-2.

§ 126-1 Prohibited acts.

With the exception of barbecues, the outdoor burning of any material, hereinafter referred to as "open burning," is prohibited.

§ 126-2 Open burning permit.

An open burning permit may be issued by the appropriate fire district's open burning official in accordance with the Connecticut General Statutes and State Department of Environmental Protection guidelines for fires for the prevention, control or destruction of diseases and pests and agricultural burning for vegetation management or bonfires.
A. 
The applicant shall complete an application form for open burning and shall pay to the appropriate fire district an application fee of $20 per day of scheduled burning activity. The application fee may be waived for charitable or nonprofit organizations. A copy of the permit shall be forwarded to the Health Department and the Police Department.
B. 
All open burning must be conducted in accordance with Section 22a-174-17 of the Regulations of Connecticut State Agencies, as amended.

§ 126-3 Penalties for offenses.

Anyone that conducts an open burn and does not have a permit, or violates any condition of an open burning permit, shall be fined $90 enforceable by citation, and the fire shall be extinguished by the Fire Department.

§ 126-4 Operation of outdoor wood-burning furnaces.

[Added 4-5-2010 by Ord. No. 46-10]
A. 
Definition. For purposes of this section, in accord with Public Act 05-227, an "outdoor wood-burning furnace" is defined as an accessory structure or appliance designed to be located outside living space ordinarily used for human habitation and designed to transfer or provide heat, via liquid or other means, through the burning of wood or solid waste, for heating spaces other than where such structure or appliance is located, any other structure or appliance on the premises, or for heating domestic, swimming pool, hot tub or jacuzzi water. "Outdoor wood-burning furnace" does not include a fire pit, wood-fired barbecue or chiminea.
B. 
Limitations for installation and construction. No person shall, from the effective date of this section, construct, install, establish, modify, operate or use an outdoor wood-burning furnace, unless:
(1) 
The outdoor wood-burning furnace was constructed, installed, established, modified, operated or in use prior to the effective date of this section; and
(2) 
The outdoor wood-burning furnace complies with the provisions of Public Act 05-227.
C. 
Operational limitations. All installed and constructed outdoor wood-burning furnaces, as established under Subsection B, are subject to regulation for proper use and operation, and improper operation will be determined by, but not limited to, the following factors:
(1) 
Generation of heavy, thick, blinding, environmentally polluting, hazardous or public health compromising smoke or furnace discharge; or
(2) 
Generation of toxic, environmentally polluting, hazardous or public health compromising odors; or
(3) 
Generation of other environmental or public health compromises; or
(4) 
Failure to operate the unit in accord with the manufacturer's recommendations.
D. 
Enforcement. The provisions of this section shall be enforced by the agencies of the Middletown Code Enforcement Task Force, including, but not limited to, the Middletown Fire Department, the South Fire and Westfield Fire Districts and the proper associated Fire Marshals, the Middletown Building Department, the Middletown Police Department, the Middletown Zoning Enforcement Officer and the Middletown Health Department or any other municipal agencies representing the City and its residents as affected parties by the operation or potential operation of an outdoor wood-burning furnace.
E. 
Penalty.
(1) 
Any person who operates an outdoor wood-burning furnace in violation of this section shall be compelled to cease operation of such outdoor wood-burning furnace until such time as all prescribed remedies are implemented and such remedied furnace is inspected by the proper municipal enforcement agency; and/or
(2) 
Any person who operates an outdoor wood-burning furnace in violation of this section shall be deemed to have committed an infraction and shall be fined not more than $99. Each day of operation of such outdoor wood-burning furnace in violation of this section shall be a separate violation.
F. 
Appeals. Appeals of all enforcement actions or citations for violations will follow the appeals process of the citing agencies or department.