Town of Mansfield, CT
Tolland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Mansfield 8-12-1996, effective 9-9-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Fire lanes — See Ch. 125.
Parks and recreation areas — See Ch. 137.
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:
AIR QUALITY INDEX
A scale rating of air quality provided by the United States Environmental Protection Agency (EPA) based on the National Ambient Air Quality Standards (NAAQS).
[Added 10-10-2017; effective 11-7-2017]
AMBIENT AIR SPACE
The unconfined space occupied by the atmosphere above the geographical region of Mansfield.
BRUSH
Shrubs, vegetation or prunings, the diameter of which is not greater than three (3) inches at the widest point.
BUILDING
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.
COMMISSIONER
The Commissioner of the State of Connecticut Department of Energy and Environmental Protection (CT DEEP).
[Amended 10-10-2017, effective 11-7-2017]
NUISANCE
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).
Amended 10-10-2017, effective 11-7-2017]
A. 
Except as specified in § 114-4A, no person shall set, cause or permit an open fire without obtaining an open burning permit from the Open Burning Official or the Commissioner or their respective designees.
B. 
An application for an open burning permit 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.
C. 
A permit issued under this section shall be applicable only for the occasion(s) or the purpose(s) for which it has been obtained.
[Amended 10-10-2017, effective 11-7-2017]
A. 
Permits shall not be required for the following types of fires:
(1) 
Barbecues or other outdoor open fires for the cooking of food for human consumption.
(2) 
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.
(3) 
Fires for training firefighters in fire-fighting methods and where only liquid fuels are burned.
(4) 
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.
B. 
Permits are required and may be issued by the Open Burning Official or his or her designees for:
(1) 
Fires for the prevention, control or destruction of diseases and pests, and agricultural burning for vegetation management.
(2) 
Fires by any resident to dispose of brush on the property where he or she resides.
[Amended 10-10-2017, effective 11-7-2017]
The Open Burning Official shall deny issuance of an open burning permit requested under § 114-4B when he or she 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 Commissioner has issued an advisory of an air pollution emergency episode stage pursuant to C.G.S. § 22a-174(f).
F. 
Garbage, paper, grass, metals, plastics, leaves, rubber, painted materials or demolition waste is to be burned.
[Amended 10-10-2017, effective 11-7-2017]
Permits 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:
A. 
Only materials and quantities specified on the permit may be burned.
B. 
The Open Burning Official shall specify on any permit the hours and days during which open burning is allowed.
C. 
Except for fire training exercises, burning shall only be permitted on sunny or partly sunny days when wind speed is five to 15 miles per hour.
D. 
Open burning shall not be allowed if the forest fire danger, as determined by the State Forest Fire Warden, is high, very high or extreme, unless specific approval to conduct open burning during high or extreme hazard days has been granted.
E. 
Open burning shall not be allowed if the Air Quality Index, as published by the EPA, is 75 or higher anywhere in the State of Connecticut.
F. 
A copy of the permit 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.
G. 
The Open Burning Official may revoke, in writing, any permit 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:
A. 
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:
(1) 
First offense or violation: notification.
(2) 
Second offense or violation: $100 for each separate violation and each day of continued violation.
[Amended 10-10-2017, effective 11-7-2017]
B. 
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.
C. 
In addition, any person who violates any provision of the regulations of the Connecticut Department of Energy and Environmental Protection may be subject to the penalties prescribed in C.G.S. § 22a-175.
[Amended 10-10-2017, effective 11-7-2017]