Village of Rye Brook, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 3-27-2018 by L.L. No. 5-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 91.
Fireworks and pyrotechnics — See Ch. 127.
Garbage, rubbish and refuse — See Ch. 135.
[Amended 6-23-2020 by L.L. No. 5-2020]
It is the purpose and intent of the Village of Rye Brook to protect and preserve the health, safety and welfare of the residents of the Village of Rye Brook by regulating open burning. The Board of Trustees of the Village of Rye Brook has determined the outdoor burning of surplus wood, rubbish, debris, leaves and other similar materials constitutes a hazard to the public, and greatly increases the potential for personal injury and unintended property damage by fire or smoke. Furthermore, the Board of Trustees finds that burning of refuse creates offensive smoke and odors, results in a residue of unburned refuse which decays and causes offensive odors and attracts flies, rodents and vermin and is generally an unsafe and unhealthy practice.
For the purposes of this chapter, the following definitions shall apply:
CLEAN WOOD
Natural, seasoned, and dry firewood or natural lumber which has not been painted, varnished 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.
[Amended 6-23-2020 by L.L. No. 5-2020]
GARBAGE
The animal and vegetable wastes resulting from the handling, preparation, cooking, and serving of food.
OPEN BURNING
Kindling or maintaining of a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or chimney.
OUTDOOR FIRES
Include all fires burning, smoldering or producing smoke outdoors, with the exception of fires used to cook food in approved outdoor cooking appliances, grills or stoves.
OUTDOOR FIREPLACE OR FIRE PIT
A commercially designed and manufactured freestanding, often portable, outdoor fireplace or fire pit sold specifically for outdoor recreational burning and commonly made out of metal and used for either clean wood or gas burning. This definition shall also include recreational fire pits and outdoor fireplaces built encompassing a wide variety of styles and functions, from a traditional campfire pit to more elaborate constructions of materials such as steel, brick, stone and masonry.
REFUSE or GARBAGE
Solid or liquid waste materials, including, but not limited to, rags, furniture, cartons, chemicals, paint, grease, sludges, oils, any petroleum products other than legitimate home heating and cooking products, construction materials, including, but not limited to, sheetrock, chip board, asphalt or fiberglass shingles, or pressure-treated lumber, automobile parts, tires, dead animals or animal parts, metal goods, including, but not limited to, refrigerators, stoves and like appliances, diapers, yard grass clippings, paper and paper products, packaging materials, Styrofoam, mattresses, cigarette filters, glass, plastic of any kind and furniture.
SPECIAL EVENT FIRE
A bonfire or any other open-air fire kindled to mark a public event, victory celebration or similar occurrence not held in an outdoor fireplace or fire pit.
[Amended 6-23-2020 by L.L. No. 5-2020]
Except as otherwise permitted under the provisions of this chapter, open burning is prohibited in the Village of Rye Brook.
[Amended 6-23-2020 by L.L. No. 5-2020]
The following activities are expressly permitted:
A. 
Grilling or cooking using charcoal, propane, clean wood or natural gas in cooking or grilling appliances approved for such solid or liquid fuels.
B. 
Burning in a stove, outdoor fireplace, fire pit, or furnace unless the material being burned includes refuse as defined in this chapter or any materials described in § 164-5.
C. 
The use of propane, acetylene, natural gas, gasoline or kerosene in an approved device intended for heating, construction or maintenance activities.
The following materials may not be burned in an outdoor fire, fire pit, outdoor fireplace, special event fire, incinerator, burn barrel or heating device.
A. 
Refuse or garbage.
B. 
Asphalt and products containing asphalt.
C. 
Treated or painted wood, including, but not limited to, plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
D. 
Any plastic material, including, but not limited to, nylon, PVA, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
E. 
Rubber, including tires and synthetic rubber-like products.
F. 
Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled.
G. 
Clothing.
H. 
Biohazard waste.
I. 
Leaves weeds, brush, stumps, and other vegetative debris.
[Amended 6-23-2020 by L.L. No. 5-2020]
J. 
Fireworks, firecrackers, sparklers, gun powder, ammunition or any device which when lit emits flames, sparks. whistles or bangs.
[Added 6-23-2020 by L.L. No. 5-2020]
The Building Inspector, in consultation with the Fire Chief, may issue a special event fire permit, provided it is not contrary to any state law, rule or regulation, under the following regulations:
A. 
No person shall kindle or maintain any special event fire without a permit, and approval and authorization must be obtained from the Building Inspector or his/her designee.
B. 
Copies of the special event permit shall be available and ready for inspection on site for the duration of the special event fire.
C. 
Permitted special event fires shall not be located less than 50 feet from any structure.
D. 
The allowable quantity to be burned shall be determined by the Building Inspector or his/her designee based upon the firesafety considerations of the situation and the desired duration of the burn.
E. 
The duration of the special event fire shall be approved and authorized by the Building Inspector or his/her designee.
F. 
A competent adult of at least 21 years of age or older shall be designated as the contact person to meet with the Building Inspector for any issue pertaining to the special event fire.
G. 
The base of the fire shall not be larger than 10 feet in diameter. The fire must be enclosed by an approved barrier set at a distance sufficient enough to provide maximum safety and be constantly monitored by a designated adult at least 21 years of age.
H. 
The Building Inspector or his/her designee has the authority to impose any other restriction and/or safety precaution pertaining to the special event fire and such shall be complied with at all times.
I. 
An approved adequate fire suppression source must be immediately available sufficient to totally extinguish the fire.
J. 
After completion of the event or celebration, the fire must be completely extinguished and an approved fire watch must be provided for a duration of time as approved by the Fire Chief to ensure that the fire does not rekindle.
K. 
The Fire Chief, Building Inspector or his/her designee is authorized in his/her discretion to order that a special event fire be immediately extinguished.
In any situation where, upon determination by the authority having jurisdiction, an outdoor fire utilized or maintained by a person is deemed to pose an imminent danger to public health, safety, and welfare, the Building Inspector, Code Enforcement Officer, police officer and Fire Department personnel may enter onto the property and inspect any property for the purpose of ascertaining compliance with the provisions of this chapter.
The Fire Chief, Police Chief, Building Inspector, and Code Enforcement Officer and his/her designees are authorized to enforce the provisions of this chapter.
Any person who shall violate any provision of this chapter shall be punished as provided in § 1-17 of Chapter 1, General Provisions, upon conviction of such violation. Each day such violation is committed or permitted to continue shall constitute a separate violation and shall be punishable as hereunder.