[HISTORY: Adopted by the Town of East Haddam 3-26-2003. Amendments
noted where applicable.]
Pursuant to C.G.S. § 22a-174, the Town of East Haddam
adopts the following Open Burning Ordinance.
As used in this chapter, the following words or phrases shall
have the meanings indicated:
The person making the open burning certificate application
and who will be responsible for the open burning.
Shrubs, vegetation or prunings, the diameter of which is
not greater than three inches at the widest point.
Any structure which is enclosed by a roof and walls.
The Commissioner of the State of Connecticut Department of
Energy and Environmental Protection, or his or her designee.
The State of Connecticut Department of Energy and Environmental
Protection.
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.
A certificate issued by the Open Burning Official in accordance
with this chapter, C.G.S. § 22a-174, and the regulations.
An application for an open burning certificate made on the
form furnished by the Open Burning Official, which form shall, at
a minimum, name the person responsible for the open burning, list
his or her address, list his or her telephone number, explain the
purpose of the open burning, explain the type and quantity of material
to be burned and list the address of the property at which the open
burning shall take place.
The official who has been nominated, certified and serves
in accordance with C.G.S. § 22a-174 and the regulations.
Verbal registration which is made to the Open Burning Official of an open burning enumerated in § 183-5 of this chapter 24 hours prior to the ignition of such open burning.
The ignition of, causing to be ignited, permitting to be
ignited, or maintenance of a fire outside the confines of a building.
Those regulations of Connecticut State Agencies enacted pursuant
to C.G.S. § 22a-174, as amended.
Section 22a-174 of the Connecticut General Statutes, as amended.
No open burning shall be allowed except as specifically provided
in this chapter.
A.Â
The following types of open burning shall be allowed only after an
applicant obtains an open burning certificate:
(1)Â
The open burns of brush on residential property. The applicant must
be a resident or an authorized agent of a resident of the property
where the open burning will occur. The Open Burning Official, in his
or her discretion, may require proof of residency or proof that the
applicant is an authorized agent of a resident.
(2)Â
Fire training exercises.
(3)Â
Eradication or control of insect infestations or disease.
(4)Â
Agricultural purposes.
(5)Â
Clearing vegetative debris following a natural disaster.
(6)Â
Vegetative management or enhancement of wildlife habitat or ecological
sustainability on Town property or on any privately owned property
permanently dedicated to open space.
(7)Â
Any other type of fire that is described in Section 22a-174 or the
regulations.
B.Â
The following conditions shall be placed on all open burning certificates:
(1)Â
Open burning must take place between the hours of 10:00 a.m. and
5:00 p.m. No visible embers, flame, or smoke may be present after
5:00 p.m.
(2)Â
Open burning shall only be permitted on sunny or partly sunny days
when the wind speed is five miles per hour to 15 miles per hour, except
that fire training exercises shall not be subject to this condition.
(3)Â
The open burning of brush may only occur on residential property
that contains one or two residential units.
(4)Â
The applicant must keep a copy of the open burning certificate in
his or her possession at the time of the open burning.
(5)Â
The applicant must call the Open Burning Official or such other person
listed on the open burning certificate 24 hours prior to the ignition
of the open burning and leave the applicant's name, telephone number,
the specific time of, and location of the open burn.
(6)Â
Any other conditions required to be imposed by Section 22a-174 or
the regulations.
C.Â
The Open Burning Official may issue such further conditions to an
open burning certificate, either at the time of issuance of the open
burning certificate or afterwards, as are necessary to avoid a nuisance
or to protect the health, safety and comfort of the public, relating
to the following:
D.Â
An open burning certificate is applicable only for the occasion and
purpose outlined in such open burning certificate. The open burning
certificate may be revoked in writing by the Open Burning Official
or the Commissioner for violation of any provision of this chapter
or the Regulations of Connecticut State Agencies enacted pursuant
to Section 22a-174, as amended.
The following types of open burning shall be allowed only after
a person makes an open burning registration: any campfires or bonfires
that exceed four feet in any direction.
The following types of open burning shall be allowed without
the need for an open burning certificate or open burning registration:
A.Â
Barbecues or other similar outdoor fires, which fires are for the
cooking of food for human consumption.
B.Â
Campfires, bonfires, or other types of fires made out of nonprocessed
wood for recreational or ceremonial purposes, provided that the size
of such fires does not exceed four feet in any direction.
C.Â
Fires in "salamanders" or other similar devices used by construction
or other workers for heating purposes, which fires are used for street
installation or paving activities, the repairing of utilities or other
similar work.
D.Â
Fire breaks for the purpose of controlling forest fires, provided
fire personnel do it.
E.Â
Any fire specifically exempted from such requirements in Section
22a-174 or the regulations.
The following types of open burning shall be allowed only after
a permit from the Fire Marshal is obtained in accordance with Section
22a-174 and the regulations: the open burning of brush in municipal
landfills, transfer stations and municipal recycling centers in the
Town.
Certain types of open burning require the issuance of a permit
by the Commissioner; such types are enumerated in the Connecticut
General Statutes and the Regulations of Connecticut State Agencies.
Under no circumstances are the following allowed, and the following
are a violation under this chapter:
A.Â
No weeds, grass, leaves, processed wood, garbage, paper, metals,
plastics, rubber, painted materials, man-made waste, or demolition
waste shall be burned.
B.Â
No open burning of brush shall occur when national or state ambient
air quality standards may be exceeded.
C.Â
No open burning of brush shall occur where a hazardous health condition
might be created.
D.Â
No open burning shall occur when the forest fire danger in the area
is identified by the Commissioner as extreme, and where woodland or
grassland is within 100 feet of the proposed open burning.
E.Â
No open burning of brush shall occur when there is an advisory from
the Commissioner of any air pollution episode.
F.Â
No open burning is allowed within the limits of any public road or
public right-of-way.
G.Â
No open burning of brush shall occur on commercial or industrial
properties, vacant lots or on properties that contain multifamily
residential units.
The following conditions are imposed on all open burning:
A.Â
No open burning shall create a nuisance.
B.Â
A responsible adult shall tend to the open burning at all times.
C.Â
Suitable fire-extinguishing equipment must be in close proximity
and available at the time of the open burning.
D.Â
The open burning must be a minimum of 25 feet from any property line
and 25 feet from any building, except that barbecues or other similar
outdoor fires shall not be subject to this condition.
E.Â
No open burning shall be allowed to burn out of control so as to
require the response of fire personnel and/or apparatus. The Fire
Chief or Fire Marshal shall make a determination that a fire has been
allowed to burn out of control.
The Fire Marshal, Fire Chief or any officer of the Fire Department,
the Director of Health, or his or her designee, or any police officer
may require any person who ignites or maintains an open burning in
violation of the provisions of this chapter to extinguish such open
burning. Failure to extinguish such open burning shall be a violation
under this chapter.
Any person who violates any provision of this chapter shall
be subject to the following penalties and fines:
B.Â
The Open Burning Official may seek enforcement of the provisions
of this chapter by injunction and, in such event, the violator may
be liable for the Town's reasonable attorney's fees.[1]
C.Â
Any and all remedies which the Town has in enforcing the chapter,
at law or in equity, shall be cumulative and two or more or all of
such remedies may be exercised at the same time.