[Adopted 11-17-2003,
effective 12-7-2003 (Ch. 5, § 5-3,
of the Town Code); amended in its entirety 5-21-2018]
The Town of Woodbury encourages individuals to dispose of materials
in the most practical and environmentally friendly manner, and in
such a way that protects the health, safety and general welfare of
the Town's inhabitants. This same principle applies to those
items that qualify for open burning as regulated by Connecticut General
Statutes Chapter 446c.
This article shall not supersede Connecticut regulations that
apply to open burning, outside wood-burning furnaces or emissions
from chimneys from buildings and/or structures.
This article does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking, grilling appliances, or barbecues being used for food preparation. Further, this article shall not apply to the use of propane, acetylene or natural gas in a device intended for temporary heating during construction or maintenance activities. This article shall not apply to recreational fire appliances (as defined in § 143-17) that are designed, manufactured, installed and approved for such use.
No Town-issued burning permit(s) in any way relieves any individual
from his/her responsibility for any damage or injury caused by his/her
permitted actions to another person's property or person.
As used in this article, the following terms shall have the
meanings indicated:
An outside fire larger than a recreational burn for the sole
purpose of celebrating an event or occurrence either on private or
public property. This type of fire is not allowed in the Town of Woodbury
without a firewatch provided by the Woodbury Fire Department and approved
by the Fire Marshal.
Shrubs, vegetation or prunings the diameter of which is not
greater than three inches in diameter at the widest point.
A weather forecast based on a scale calibrated to reflect
the risk of forest fire and broadcast by the Connecticut Department
of Energy and Environmental Protection (DEEP).
The open burning of materials, such as flags, for the purpose
of disposing of said material that is fit and proper. Ceremonial burning
must be approved by the Fire Marshal.
Natural wood which has not been painted, varnished, stained
or coated with a similar material; has not been pressure treated with
preservatives; and does not contain resins or glues as in plywood
or other composite wood products.
Any substance which is inflammable, readily ignitable or
free burning, such as but not limited to paper, rubbish, wood, grass
and leaves.
The Commissioner of the Connecticut Department of Energy
and Environmental Protection.
Building materials, including but not limited to waste shingles,
insulation, lumber, treated wood, painted wood, wiring, plastics,
packaging, and rubble that results from construction, remodeling,
repair, and demolition on a house, commercial or industrial building,
or other structure.
The Connecticut Department of Energy and Environmental Protection.
An outside area of earth ground or a hole in earth ground
that may or may not be surrounded by noncombustible materials with
the intent of controlling the potential spread of a fire.
Methods of fire inside a structure or in the open environment
for the purpose of training firefighters to enhance their skill performance.
Any substance or compound that has the capability of producing
adverse effects on the health and safety of humans or the environment.
A situation in which a recreation, fire training, cooking
or brush burning type fire creates an environment on or in property,
other than the property where the fire is occurring, which is considered
to be unhealthy, hazardous, reasonably annoying, uncomfortable, unsafe,
is 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.
The burning of any matter in such a manner that the products
of combustion resulting from the burning are emitted directly into
the ambient air without passing through an adequate stack or flue.
[Definition from Regulations of Connecticut State Agencies § 22a-174-1(83).]
Appointed by the Town of Woodbury, has taken the CT DEEP
certification course and meets the requirements under Connecticut
General Statutes to enforce Connecticut open burning regulations,
this article and any applicable regulations.
Any fire in the open air or outside the confines of a building
for the purpose of burning a combustible material.
Any paper or electronic form to document the approval of
open burning that has been designated by the State of Connecticut
or Town of Woodbury to serve as the approval.
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,
excluding flammable or combustible gas or liquid. Some typical words
describing a recreational fire include "campfire" and "fire pit."
An individual seeking to burn on the property where he or
she resides.
A consistent or gusting wind velocity of 15 miles per hour
or more.
The Fire Marshal's Office of the Town of Woodbury is authorized
to enforce the provisions of this article. To assist in such enforcement,
the Fire Marshal or a designee is authorized to enter any yards and
open property for the purpose of detecting and initiating extinguishment
of fires created without compliance with this article.
Whenever the Fire Marshal determines that there has been a violation
of this article, he shall give written notice of such violation to
the person or persons responsible for such violation. Such notice
shall describe the violations charged, with specific reference to
the provisions of this article, and shall outline the remedial action
required to remove the violation, including the time within which
such violation must be cured.
All applications for permits required by this article shall
be made to the Fire Marshal in such form and in such detail as he/she
shall prescribe, in accordance with the Connecticut General Statutes.
The Fire Marshal may revoke a permit in case there has been a false
statement or misrepresentation as to a material fact in such application.
The Fire Marshal shall issue all permits required by this article
when satisfied that the activity or condition for which the permit
is sought poses no threat to life, health or property. Such permits
shall be valid for such period of time as appears on the face of the
permit and may be withdrawn at any time on notice to the holder thereof,
if, because of changed conditions, a threat to life, health and property
is found to exist.
The following acts are prohibited:
A.
Kindling or allowing to be kindled an outdoor fire for the purpose
of disposing of garbage, construction and demolition waste;
B.
Leaving unattended an open outdoor fire;
C.
Kindling or allowing to be kindled an outdoor fire when the burning
index as broadcast by the State DEEP is "High," "Very High," or "Extreme"
and/or windy conditions exist;
D.
Kindling or allowing to be kindled an outdoor fire when the air quality
index is broadcast by the State of Connecticut DEEP as "Unhealthy
to Sensitive Groups," "Unhealthy," or "Very Unhealthy";
E.
The location or storage outside a building of any combustible material
in such manner or condition as to pose a threat to life, health or
property;
F.
Kindling an outdoor fire within the traveled portion of any highway
or curb area;
G.
Bon-type fire and fire pits that are greater than three feet in diameter
or more than seven square feet in area, and that have a fuel stack
greater than three feet high;
H.
Kindling or allowing to be kindled an outdoor fire for the purpose
of disposing of any type of structure, including marine and aircraft,
vehicles or debris from any of the foregoing; and
I.
Kindling or allowing to be kindled an outdoor fire of brush collected
from a commercial operation and brought to a residential property.
The following acts are permitted under this article, provided
that a written permit is first obtained from the Fire Marshal of the
Town of Woodbury:
A.
Kindling or allowing to be kindled an outdoor fire for the purpose
of burning brush collected from one's own yard.
B.
A nonconforming fire or special use fire of a type other than listed
in this article which may be required due to unique nature or condition,
such as, but not limited to, a prescribed burn for forest fire control.
C.
Fires set for the purpose of eradication or control of insect infestation
or disease, agricultural purposes, clearing vegetative debris following
a natural disaster, and vegetation management.
D.
Fire suppression training fires in accordance with the following
provisions:
(1)
The burn must be exclusively for fire prevention training. The burning
shall not be used as a means to dispose of waste material, including,
but not limited to, tires and other hazardous materials.
(2)
All hazardous materials must be removed and disposed of prior to
conducting the fire suppression training and removed by a licensed
abatement contractor in accordance with the applicable local and state
regulations regarding such activities.
(3)
At least seven days before a planned practice burn, residents within
a one-thousand-foot radius of the site of the proposed burn shall
be notified.
(4)
All fire suppression training shall conform to the latest edition
established by the National Fire Protection Association (NFPA) Standard
on Live Fire Training Evolutions (NFPA 1403).
The following fire also require a permit by the Commissioner:
A.
The permit shall be valid only during the dates and times specified
in the permit to burn.
B.
Only those quantities and materials specified in the permit shall
be burned.
C.
Permits are available at the Fire Headquarters located at 25 Quassuk
Road, Woodbury, Monday through Friday from 8:00 a.m. to 4:00 p.m.
Requests to burn on a Saturday must also be made during these normal
business hours.
D.
The Fire Marshal, Open Burning Official or Commissioner may revoke an open air burning permit by oral or written notice to Woodbury's Fire Dispatch Center if one of the conditions specified under § 143-22 becomes an issue after such permit is issued.
E.
A copy of the permit shall be kept in the possession of the applicant
at the burn site during the burn.
F.
Except for fire-fighting exercises, burning shall be permitted on
sunny or partly sunny days when wind speed is between five miles per
hour and 15 miles per hour and only between the hours of 10:00 a.m.
and 5:00 p.m.
G.
Burning is not allowed on Sundays or legal holidays.
H.
Prior to burning, the applicant shall call the Open Burning Official
on the day of the intended burn to ask whether the day is approved
or if the permit has been revoked. The number to call will be indicated
on the permit upon issuance.
A.
A maximum of one written warning shall be allowed to the homeowner,
resident or responsible person(s) for a violation of this article.
B.
After the first written warning in a calendar year, the homeowner,
resident or responsible person shall be fined $100 for each additional
written warning. This process shall continue up to the third written
warning.
C.
If the violations continue after the third written warning, the Fire
Marshal shall seek an order from a court of competent jurisdiction
for a cease-and-desist order of the open burning that violates this
article and shall seek a fine of not more than $200 or imprisonment
for not more than six months, or both, pursuant to C.G.S. § 23-48.
D.
After a third violation of this article, the applicant shall not
be issued a burning permit for a period of one year from the third
violation date.
E.
The Open Burning Official or local Fire Marshal may inspect private
premises and shall make all reasonable efforts to prevent and correct
violations of this article.
A.
The Office of the Fire Marshal is charged with the enforcement of
this article. That office can request assistance from the Police Department,
Fire Department or Connecticut DEEP, as necessary.
B.
The Office of the Fire Marshal shall provide the homeowner, resident
or person responsible for the open burning a notice of written warning
violation when the open burning is in violation of this article and
any part of it. The written warning violation notice shall be left
with the proper person or affixed to the residence in a conspicuous
location. When necessary, a copy of the written violation shall be
sent to the responsible person(s) by certified mail, return receipt
requested. In the event that the responsible person does not claim
such form at the Post Office, the Fire Marshal shall have such notice
served by a Judicial Marshal.
C.
In the event that the Fire Marshal, Police Department or Fire Department
determines that, in the best interest of public safety and/or the
intent of this article, the open burning must immediately cease, they
have the authority to have the open burning extinguished, as soon
as possible.
D.
Nothing in this article shall limit the power and authority of the
Fire Marshal to enforce its respective regulations or other related
Connecticut regulations regarding open burning.
E.
Open brush burning is not allowed without a permit. Brush burning
without a permit is illegal and the individual(s) responsible for
the burning may be subject to arrest by the Police Department or any
other authorized person(s).
F.
The Fire Marshal may revoke or cancel a burn permit if it is deemed
that the open burning is creating a nuisance, fire hazard, unsafe
condition, environmental hazard or for any other reasonable condition.
G.
The notice of written violation form, at a minimum, shall contain
the following information:
(1)
The property of origin.
(2)
The exact nature and chapter section(s) of the violation(s).
(3)
A copy of this article.
(4)
The penalty or fine for the violation of this article.
(5)
The penalty(s) or fine(s) for continued violation of this article.
(6)
The procedure to appeal this violation(s).
(7)
The name and business telephone number(s) of the Fire Marshal, Police
or Fire Department representative finding such violation(s).
