Village of Fultonville, NY Chapter 63 Burning, Open

[HISTORY: Adopted by the Board of Trustees of the Village of Fultonville 4-28-2014 by L.L. No. 1-2014.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law also superseded former Ch. 63, Burning, Open, adopted 9-16-1997 by L.L. No. 1-1997.

§ 63-1 Legislative intent.

The Village Board recognizes that outdoor open burning of material poses a threat to life and property and may create a nuisance. It is the purpose of this chapter to ensure that the safety, health, and welfare of the residents and property in the Village are protected by prohibiting open fires except as specifically permitted herein.

§ 63-2 Open burning prohibited.

A. No person, firm or corporation shall build any outdoor fire within the corporate limits of the Village of Fultonville excepting as set forth in § 63-3.

B. The Mayor is permitted to prohibit any or all outdoor fires when atmospheric conditions or local circumstances make such fires hazardous. If in the opinion of the Mayor such conditions or circumstances exist, then he/she shall have the authority to declare that any and all burning shall cease and desist immediately until further notice.

§ 63-3 Exceptions.

A. Outdoor cooking over a fire contained in a device or structure designed for such use.

(1) Material used to make a cooking fire cannot be construction debris, trash, or rubbish.

(2) All cooking devices must be in good working condition to prevent the possible spread of fire.

(3) For all multifamily dwellings more than one story in height, the use and/or storage of any propane or charcoal portable cooking device or any portable fireplace device is strictly prohibited above the first floor occupancy.

(4) For all multifamily dwellings more than one story in height, the use of any open or closed outdoor cooking device, any portable fireplace device, or any open flame device is prohibited within 15 feet of the structure on the ground floor or any combustible material on the ground.

§ 63-4 Control and restrictions on permitted fires.

A. It is the intent of the Village of Fultonville that citizens have the opportunity to have recreational fires at single-, two-, or three-family dwellings, provided that such fires are in strict compliance with the restrictions relating to recreational fires. It is further the intent of the Village of Fultonville that the Code Enforcer shall strictly enforce these restrictions so as to ensure that such fires do not compromise safety or annoy neighbors. Such enforcement shall require an investigation into any complaint and an independent determination by the Code Enforcer as to whether a particular recreational fire is in compliance with these regulations.

B. The use of a burn barrel or similar nonapproved device is illegal.

C. A portable fireplace is a structure or device intended to contain and control outdoor wood fires. This shall include a structure, which may or may not be a portable, manufactured fireplace or similar device, designed to contain and control outdoor wood fires. The device shall have a screen or other protective cover to prevent sparks and embers from being distributed.

D. No recreational fire may be started or allowed to continue burning unless such recreational fire is contained in an approved fireplace or similar device.

E. No recreational fire, portable fireplace or similar device shall be closer than 15 feet to any building, structure, shed, garage, fence or any combustible material or property line.

F. All recreational fires shall not have a diameter larger than two feet or be larger than 2.5 square feet in area. The fire may not extend more than one foot above the burning surface (ground, or bottom of device). The device must be used in accordance with the manufacturer's specifications and these regulations.

G. No recreational fire shall be started or allowed to continue burning when the wind direction or wind speed will cause smoke, embers, or other burning materials to be carried by the wind toward any building or other combustible materials. Smoke from any recreational fire shall not create a nuisance for neighboring property owners. The fire shall be completely extinguished immediately upon the complaint of any nuisance smoke.

H. Material for recreational fires, portable fireplaces or similar devices shall not include rubbish, garbage, recyclable items, paper/cardboard (other than what is needed to start the fire), yard debris, construction debris, pressure-treated wood, trash or any material made of petroleum-based materials, and shall not contain any flammable or combustible liquids, except for devices which are designed to burn LP gas. Such LP gas devices shall not use the LP gas as an accelerant for other flammable materials.

I. Material for recreational fires shall be only seasoned firewood or manufactured logs such as a Duraflame® log.

J. The device shall not be used on a combustible surface such as a wooden deck.

K. The device shall not be used on any balcony, porch, or deck above grade level.

L. Adequate fire suppression equipment shall be immediately available to control or extinguish the recreational fire, such as a fully functioning fire extinguisher or garden hose connected to an unlimited water source.

M. All recreational fires, portable fireplaces or similar devices shall be attended at all times by at least one responsible person of age 18 or older from the ignition of the fire until the fire is completely extinguished.

N. The property owner and/or person who have started any recreational fire shall hold the Village harmless from any damages caused by a recreational fire.

O. Any party who has started or maintains a recreational fire, as defined, shall pay any and all costs incurred by the Fire Department for any service-related call as a result of a recreational fire not in compliance with these requirements, if deemed necessary by the Village Board.

§ 63-5 (Reserved) [1]

[1] Editor's Note: Former § 63-5, Permits, was repealed 7-17-2017 by Res. No. 5.

§ 63-6 Burning on streets.

No materials may be burned upon any street, curb, gutter, sidewalk, or other public place.

§ 63-7 Liability.

Persons utilizing and maintaining outdoor fires shall be responsible for any liability resulting from damage caused by his/her fire.

§ 63-8 Penalties for offenses.

Any person who violates any provision of this chapter shall, upon conviction thereof, be guilty of a violation and shall be subject to a fine not to exceed $250 or imprisonment for a term not to exceed 15 days, or both.