[HISTORY: Adopted by the Common Council of the City of Rensselaer 7-2-2008 by L.L. No. 4-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Storage of hazardous materials — See Ch. 117.
The Common Council of the City of Rensselaer adopts Local Law No. 4 of 2008 to prohibit open burning in the City of Rensselaer according to the attached New York State Building Code.
§ F307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.
§ F307.2 Reserved.
§ F307.2.1 Authorization. Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.
§ F307.3 Location. The location for open burning shall not be less than 50 feet (15,240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure.
Exceptions:
1.
Fire in approved containers that are not less than 15 feet (4,572 mm) from a structure.
2.
The minimum required distance from a structure shall be 25 feet (7,620 mm) where the pile size is three feet (914 mm) or less in diameter and two feet (610 mm) or less in height.
§ F307.3.1 Bonfires and recreational fires. A bonfire or recreational fire shall not be conducted within 25 feet (7,620 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions which could cause a fire to spread within 25 feet (7,620 mm) of a structure shall be eliminated prior to ignition.
§ F307.4 Attendance. Open burning, bonfires or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with § F906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
F307.5 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3.1 m) of combustible construction.
Exceptions:
1.
One- and two-family dwellings.
2.
Where buildings, balconies and decks are protected by an approved automatic sprinkler system.
§ 307.5.1 Liquefied-petroleum-gas-fueled cooking devices.
LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds (1.14 kg) [nominal one pound (0.454 kg) LP-gas capacity] shall not be located on combustible balconies or within 10 feet (3,048 mm) of combustible construction.
Exception: One- and two-family dwellings.
As used in this chapter, the following terms shall have the meanings indicated:
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. "Open burning" does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames or recreational fires. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.