[HISTORY: Adopted by the Town Council of the Town of North Branford 7-11-1978
as Ord. No. 131. Amendments noted where applicable.]
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.
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.
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.
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.
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.
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.
The Open Burning Official may issue, subject to the provisions of § 104-4 above, a certificate for the following fires:
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.
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.
Any person who violates any provision of this chapter shall be fined
not more than one hundred dollars ($100.).
