[Adopted 12-13-2010]
This article shall be known and may be cited as the "Open Burning
Regulation."
A.
The purpose of this article is to eliminate and/or control any and
all unnecessary open burning within the Town of Putnam Special Service
District due to the heavily populated and congested areas —
in the interest of public health and safety.
Be enacted by the Senate and House of Representatives in the
General Assembly convened:
Section 19 / Section 23-48 of the General Statutes is repealed,
and the following is substituted:
"Any person who kindles or directs another to kindle a fire
in the open air, without proper authorization from the Local Open
Burning Official or Fire Marshal, or any person who burns materials
that are prohibited from being burned by any provision of the General
Statutes, regulations of the State Department of Environmental Protection,
Department of Public Health or any local ordinance shall be fined
not more than $200 or imprisoned not more than six months, or both."
As used in this article, the following words and terms shall
have the following meanings:
A code adopted by the Connecticut General Statute § 29-292.
Shrubs, vegetation, or prunings, the diameter of which shall
not be greater than three inches in diameter at the largest point.
Includes all types of cooking fires kindled outside.
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.
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.
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.
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.
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.
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.
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."
An individual seeking to burn on the property where he resides.
A wind velocity of 15 mph or more. Refer to CT.Weather.com,
then go to "Brush Fire Conditions" or CtStateForestDanger.com.
A.
Open burning permits shall be required and a permit shall be issued
for the following fires.
No person shall set, cause or permit an open fire without obtaining
an open burning permit from the Burning Official or Fire Marshal.
(1)
Fires by any person or resident to dispose of brush on the property
where they reside.
(2)
Fires for the disposal of dangerous material, such as toxic
gases, where there is not a reasonable alternative method.
(3)
Fires to thwart a hazard which cannot properly be managed by
any other means or is necessary for the protection of public health.
(4)
Any other fires not otherwise specified.
B.
A permit application for any fire described shall be made by the
applicant on forms furnished by the Fire Marshal or Local Open Burning
Official.
C.
A permit issued shall be applicable only for the occasion and date
or the purpose for which it has been obtained.
D.
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.
E.
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.
F.
The permittee or responsible person shall be in physical possession
of any open burning permit during the entire burn process. The person
shall present the permit to the Fire Chief, Fire Officer, Incident
Commander, Fire Marshal, Open Burning Official and/or police officer
upon request.
G.
The permittee shall extinguish any permitted fire prior to leaving
the proximate area of said fire for any reason whatever, or upon the
order of the Fire Chief, Fire Officer, Incident Commander, Fire Marshal,
Deputy Fire Marshal, Open Burning Official or their designated agents
or a state or local police officer.
H.
No permittee or responsible person shall allow a fire to extend in
an area beyond that which is specifically authorized or permitted
or otherwise allowed.
I.
No permittee or responsible person shall introduce or allow the introduction
of any improper, unauthorized or otherwise illegal material into any
open fire.
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.
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.
A.
Open burning permits shall not be required for the following types of fires, provided it is not deemed a hazard or nuisance to § A350-20D:
(1)
Barbecues, campfires, or other outdoor open fires for cooking
of food for human consumption. No fires shall exceed six feet in height.
(2)
Campfires and other fires for ceremonial or recreational purposes.
No fires shall exceed six feet in height.
(3)
Fires to abate an immediate fire hazard, provided that the abatement
is supervised by a responsible and qualified Fire Department officer.
(4)
Fires for training Fire Department personnel in the methods
of fighting fires, with or without liquid fuels.
(5)
Fires in salamanders or other similar devices used by construction
companies or other workers for heating purposes, which fires are essential
for construction activities.
A.
Any violation of this article shall be sufficient reason to deny
any future application from the violator or from any other person
acting as an agent of the violator for an open burning permit as issued
by the Fire Marshal or Open Burning Official.
B.
The Fire Marshal, Deputy Fire Marshal, Fire Officer, Incident Commander
and/or Open Burning Official having jurisdiction, after having been
made aware of an open burning fire, shall cause any fire not specifically
permitted or any fire deemed a hazard or nuisance to be immediately
extinguished as a noncompliant fire and may summon the Fire Service
and/or state or local police to accomplish an extinguishment.
C.
Any Fire Officer who orders any fire to be extinguished shall provide
sufficient details so as to assist the Fire Marshal in determining
the need for an investigation.
D.
The Fire Chief, Fire Officer, Incident Commander and/or Fire Marshal
shall assume responsibility for notifying the Open Burning Official
when enforcement action is taken in those instances where an open
burning permit was in effect.
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.
