This article shall be known and may be cited as the "Open Burning
Regulation."
As used in this article, the following words and terms shall
have the following meanings:
ADOPTED CODE
A code adopted by the Connecticut General Statute § 29-292.
BRUSH
Shrubs, vegetation, or prunings, the diameter of which shall
not be greater than three inches in diameter at the largest point.
COOKING FIRE
Includes all types of cooking fires kindled outside.
COOKING FIRES (ENCLOSED)
Includes charcoal, gas or wood fires in containers carrying
recognized testing laboratory listing, acceptance or approval and
constructed for the obvious and expressed purpose of cooking.
ENFORCEMENT OFFICIAL
The Putnam Fire Department Fire Chief, Fire Department officers,
Incident Commander, Fire Marshal, Deputy Fire Marshal, Open Burning
Official and/or an employee of the Town of Putnam Special Service
District or his designated representative.
FIRE CHIEF
The Putnam Fire Department Fire Chief, Fire Department officers,
Incident Commander, Fire Marshal, Deputy Fire Marshal and/or an employee
of the Town of Putnam Special Service District or his designated representative.
NUISANCE
A situation in which a recreational fire, bonfire, fire training,
cooking and/or brush-burning fire creates an environment on a property,
other than the property where the fire is occurring, which is considered
to be unhealthy, hazardous, reasonably annoying, uncomfortable, unsafe,
creating a traffic hazard, creating a persistent odor or would cost
resources to eliminate the odor from the property. This shall apply
to but not be limited to smoke, soot, fumes, odors, vapors, noxious
gases, products of combustion, heat and incomplete products of combustion.
OPEN BURNING OFFICIAL
Any person designated and certified by the Department of
Environmental Protection (DEP) and appointed by the Chief Executive
Officer of the Town of Putnam to such office.
PERMITTEE
Any person to whom an open burning permit has been issued,
any person authorized by the Fire Marshal, Deputy Fire Marshal or
Local Open Burning Official to kindle a fire, and any agent thereof.
RECREATIONAL FIRE
An outside fire created for the purpose of experiencing the
outside natural environment, for the human consumption of beverages
or food and the cooking or smoking of food for human consumption and
ceremonial purposes. The fire shall be fueled by combustible materials,
flammable or combustible gas or liquid normally used to create this
type of fire. Some typical words describing a recreational fire include
"campfire," "barbeque," "grill fire" and "fire pit."
RESIDENT
An individual seeking to burn on the property where he resides.
WINDY CONDITIONS
A wind velocity of 15 mph or more. Refer to CT.Weather.com,
then go to "Brush Fire Conditions" or CtStateForestDanger.com.
The Fire Marshal, Deputy Fire Marshal or Open Burning Official
shall not issue a permit when a determination is that:
A. A hazardous health condition is created by such burning.
B. The fire constitutes a salvage operation by opening burning.
C. A practical and/or alternative method for disposal of the material
exists, including but not limited to:
(3)
Piling for protective cover for wildlife.
(5)
Highway Department removal.
D. Such open burning would interfere with or prevent the "ambient air
quality standard."
E. The forest fire danger (as determined by the State Forest Fire Warden)
is high or extreme and the area is within 100 feet of a woodland or
grassland.
F. An advisory or an air-pollution emergency episode stage is in effect.
G. Garbage, paper, grass, metals, plastics, leaves, rubber (tires),
painted materials or demolition waste is to be burned.
Permits shall be subject to such reasonable conditions as are
necessary to avoid a nuisance or to protect the health, safety or
comfort of the general public, including but not limited to the following:
A. Only those materials and quantities specified on the permit may be
burned.
B. Open burning shall be between the hours of 8:00 a.m. to 5:00 p.m.
C. Burning shall only be permitted on sunny or partly sunny days when
the wind speed is five to 15 miles per hour, except for Fire Department
training exercises.
D. Open burning shall not occur when it is overcast and/or raining.
E. A copy of the permit shall be kept in the possession of the applicant
at the burning site at all times during the burning.
F. The Fire Chief, Fire Marshal or Open Burning Official, or their designated
agents, or any state or local police officer, may revoke the permit
and/or add any reasonable, specifically identified conditions if circumstances
indicate that the air-pollution standards will be violated.
G. Any fire shall be considered a nonpermitted fire if it is determined
to be a hazard or nuisance, whether an open burning permit has been
issued or Fire Marshal or Local Open Burning Official approval has
been granted or whether it is within a stated exception.
H. Sufficient equipment, tools and/or water hose shall be available
and present to extinguish any kindled fire; and a responsible person,
physically capable of using the equipment and/or water hose, must
be present and in control of any such kindled fire.
This article does not preclude a municipality from prohibiting
or attaching any more-stringent conditions to any open burning situation.
The provisions of this article are severable. If a court determines
a word, phrase, clause, sentence, paragraph, section, subsection,
or other provision invalid or that the application of any part of
the provision to any person or circumstance is invalid, the remaining
provision and the application of those provisions to other persons
or circumstances are not affected by that decision.