Town of North Branford, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of North Branford 7-11-1978 as Ord. No. 131. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 40.
Fire zones — See Ch. 144.
Oil-burning equipment — See Ch. 174.

§ 104-1 Purpose.

The purpose of this chapter is to reduce air pollution within the Town of North Branford and to reduce the risk of injury to persons and damage to property from fire.

§ 104-2 Open burning certificate required.

No person shall set, cause or permit an open fire within the Town of North Branford without obtaining an open burning certificate from the Open Burning Official of the Town of North Branford.

§ 104-3 Application for certificate.

An application for any open fire not described in § 104-6 below shall be made by the applicant on forms furnished by said Official, and each application shall provide the name, address and date of birth of the applicant, the nature and quantity of the material to be burned and the date and times of the proposed burning.

§ 104-4 Restrictions on open burning.

The Open Burning Official shall not issue a certificate requested under § 104-3 if he determines that:
A. 
A hazardous health condition will be created by such burning.
B. 
The fire constitutes a salvage operation by open burning.
C. 
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.
D. 
Such open burning would interfere with or prevent the attainment or maintenance of a relevant ambient air quality standard.
E. 
The forest fire danger, as determined by the State Forest Fire Warden, is high or extreme and the area is within one hundred (100) feet of a woodland or grassland.
F. 
An advisory of an air pollution emergency episode state is in effect pursuant to regulations of the State of Connecticut.
G. 
Garbage, paper, grass, metals, plastics, leaves, rubber, painted materials or demolition waste is to be burned.

§ 104-5 Conditions governing open burning.

Certificates approved under § 104-7 shall be subject to such reasonable conditions as are necessary to avoid a nuisance or to protect the health, safety or comfort of the public, including but not limited to the following:
A. 
Only materials and quantities specified on the certificate may be burned.
B. 
The Open Burning Official may specify on any permit the hours and days during which open burning is permitted.
C. 
Except for fire training exercises, burning shall be permitted only on sunny or partly sunny days when the wind speed is five (5) to fifteen (15) miles per hour.
D. 
A copy of the certificate shall be kept in the possession of the applicant at the burning site at all times during the burning.
E. 
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.

§ 104-6 Fires permitted without certificate.

Certificates under this chapter shall not be required for the following fires:
A. 
Barbecues or other outdoor open fires for the cooking of food for human consumption.
B. 
Campfires, bonfires and other fires for ceremonial or recreational purposes.
C. 
Fires to abate an immediate fire hazard, provided that the abatement fire is supervised by a responsible fire official.
D. 
Fires for training firemen in methods of fighting fires, where only liquid fuels are burned.
E. 
Fires in salamanders or other similar devices used by construction or other workers for heating purposes, which fires are essential to street installation or paving activities, the repairing of utilities or other similar work.

§ 104-7 Fires permitted with certificate.

The Open Burning Official may issue, subject to the provisions of § 104-4 above, a certificate for the following fires:
A. 
Fires for the prevention, control or destruction of diseases and pests and agricultural burning for vegetation management.
B. 
Fires by any resident to dispose of brush on the property where he resides.

§ 104-8 Fires requiring approval of Environmental Protection Commissioner.

Applications for the following shall be forwarded by the Open Burning Official to the Commissioner of the Department of Environmental Protection or his designee:
A. 
Fires for the disposal of dangerous material, such as toxic gases, where there is no reasonable alternative method.
B. 
Fires to thwart a hazard which cannot be properly managed by any other means, or fire which is necessary for the protection of public health.
C. 
Fire training exercises where other than liquid fuels are burned.

§ 104-9 Open Burning Official.

The Town Manager shall appoint a responsible adult resident of the Town of North Branford with experience in fire control to serve as the Open Burning Official of the Town of North Branford. If said appointee has not previously been certified in such position by the Department of Environmental Protection, State of Connecticut, said appointee shall apply and enroll in the next available Department of Environmental Protection training program for such officials. Open Burning Officials shall serve for terms not to exceed three (3) years.

§ 104-10 Violations and penalties.

Any person who violates any provision of this chapter shall be fined not more than one hundred dollars ($100.).