[HISTORY: Adopted by the Common Council of
the City of Middletown 6-3-1996; amended 3-3-1997. Subsequent amendments
noted where applicable.]
With the exception of barbecues, the outdoor
burning of any material, hereinafter referred to as "open burning,"
is prohibited.
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.
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.
[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:
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.
