As used in this chapter, the following terms shall have the
meanings indicated:
ACQUIRED STRUCTURE
A structure donated or loaned from a property owner for the
purpose of conducting fire training.
AGRICULTURAL LAND
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices that contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a "commercial horse boarding
operation" and "timber processing." Such farm operation may consist
of one or more parcels of owned or rented land, which parcels may
be contiguous or noncontiguous to each other.
AGRICULTURAL WASTE
Any waste from naturally grown products such as vines, trees
and branches from orchards, leaves and stubble. In addition, any fully
organic waste either grown or generated on the premises, including
but not limited to paper feed bags, wood shavings used for livestock
bedding, bailing twine, and other nonplastic materials. Agricultural
waste does not include pesticide containers, fertilizer bags, large
plastic storage bags (including bags commonly known as "Ag bags"),
offal, tires, plastic feed bags, and other plastic or synthetic materials.
CAMP FIRE
A camp fire or any other outdoor open fire less than three
feet in height, and less than four feet in length and width or diameter.
ON-SITE BURNING
The burning of material, grown or generated on a particular
property, in an open fire on the same property. For purposes of this
definition, the same property shall include only property that is
geographically contiguous and under the control or ownership of the
same person.
OPEN FIRE
Any outdoor fire or outdoor smoke-producing process from
which air contaminants are emitted directly into the outdoor atmosphere.
Open fires include burning in barrels or modified barrels. Open fires
do not include burning in outdoor furnaces or boilers that are used
to heat buildings when the devices are actually used for such purpose.
UNTREATED WOOD
For the purposes of this chapter, any wood or lumber which
is not chemically treated, coated, stained, sealed, glued or otherwise
adulterated. "Untreated wood" does not include such materials as pressure-treated
lumber, plywood, particle board, fiberboard, and oriented strand board.
Except as allowed by §Â
176-3 of this chapter, no person shall burn, cause, suffer, allow or permit the burning of any materials in an open fire.
The following exceptions will be allowed with a burn permit as stated in §Â
176-4 of this chapter.
A. On-site burning in any Town with a total population less than 20,000
of downed limbs and branches (including branches with attached leaves
or needles) less than six inches in diameter and eight feet in length
between May 15 and the following March 15. For the purposes of this
subsection, the total population of a Town shall include the population
of any village or portion thereof located within the Town. However,
this subsection shall not be
construed to allow burning within any village.
B. Barbecue grills, maple sugar arches and similar outdoor cooking devices
when actually used for cooking or processing food.
C. Small fires used for cooking and camp fires, provided that only charcoal
or untreated wood is used as fuel and the fire is not left unattended
until extinguished.
D. On-site burning of agricultural wastes as part of a valid agricultural
operation on contiguous agricultural lands larger than five acres
actively devoted to agricultural or horticultural use, provided such
waste is actually grown or generated on those lands and such waste
is capable of being fully burned within a twenty-four-hour period.
E. The use of liquid petroleum fueled smudge pots to prevent frost damage
to crops.
F. Ceremonial or celebratory bonfires where not otherwise prohibited
by law, provided that only untreated wood or other agricultural products
are used as fuel and the fire is not left unattended until extinguished.
G. Small fires that are used to dispose of a flag or religious item,
and small fires or other smoke-producing process where not otherwise
prohibited by law that are used in connection with a religious ceremony.
H. Burning on an emergency basis of explosive or other dangerous or
contraband materials by police or other public safety organization.
I. Prescribed burns performed according to 6 NYCRR (Chapter II) Part
194, Forest Practices.
J. Fire training, including firefighting, fire rescue, and fire/arson
investigation training, performed under applicable rules and guidelines
of the New York State Department of State's Office of Fire Prevention
and Control. For fire training performed on acquired structures, the
structures must be emptied and stripped of any material that is toxic,
hazardous or likely to emit toxic smoke (such as asbestos, asphalt
shingles and vinyl siding or other vinyl products) prior to burning
and must be at least 300 feet from other occupied structures. No more
than one structure per lot or within a three-hundred-foot radius (whichever
is bigger) may be burned in a training exercise.
K. Individual open fires as approved by the director of the Division
of Air Resources as may be required in response to an outbreak of
a plant or animal disease upon request by the Commissioner of the
Department of Agriculture and Markets, or for the destruction of invasive
plant and insect species.
L. Individual open fires that are otherwise authorized under the Environmental
Conservation Law, or by rule or regulation of the Department.
Permits to set fires within the limits of the Town of Potsdam
shall be obtained from and issued by the Town Clerk of the Town of
Potsdam on presentation by the person requesting the issuance of such
permit of a written statement from the nearest Fire Warden of said
Town that he has examined the location where said fires are to be
set and that, in his opinion, such fires as are to be set thereunder
will be safe and not liable to spread or cause destruction to other
property and upon the payment of a permit fee as set from time to
time by resolution of the Town Board.
Fire Wardens shall, before issuing a statement as required in §Â
176-4, examine the place where the fire is to be set and the materials which are to be burned and shall determine, in their opinion, whether said circumstances are such as will not be liable to cause a spread of the fire out of control or to cause other destruction of other property than that to be burned; and they shall be entitled to compensation for such examination plus mileage from the residence of the Fire Warden, going and returning, to the place where said fire is to be set, at the current rate of reimbursement as set from time to time by resolution of the Town Board, and such other compensation as may be determined by the Town Board.