The City Council finds that the health, safety, and welfare
of the citizens is promoted by the absence of fire in the community.
The City Council has recognized that the residents of the City of
Corning wish to, from time to time, enjoy outdoor recreational fires
on their premises.
The purpose of this chapter is to promote the public health,
safety and welfare and to safeguard the health, comfort, living conditions,
safety and welfare of the citizens of the City of Corning due to the
air pollution and fire hazards of open burning, outdoor burning and
refuse burning by regulating the conduct of all outdoor fires.
This chapter is made and enacted pursuant to the legislative
authority vested in the City Council of the City of Corning by the
provisions of General City Law, Municipal Home Rule Law, and the City
Charter of the City of Corning, as amended.
The provisions of this chapter shall apply to all outdoor burning,
open burning and refuse burning within the City of Corning. The provisions
of this chapter shall apply in addition to the provisions of any other
local, state, or federal law or regulation. Where there is a conflict
with any applicable law or regulation, the more restrictive provision
shall apply. This chapter shall not apply to:
A. Grilling or cooking using charcoal, propane or natural gas in cooking
or grilling appliances provided that it does not become a nuisance.
B. Burning in a stove, furnace, fireplace or other heating device within a building or an outdoor fireplace constructed in accordance with the New York State Uniform Fire Prevention and Building Code, unless the material being burned includes rubbish, garbage or refuse as defined in §
145-5 of this chapter.
C. The use of propane, acetylene, natural gas, gasoline or kerosene
in a device intended for heating, construction or maintenance activities.
D. Fire training, including firefighting, fire rescue and fire/arson
investigation training, performed under applicable rules and guidelines
of the NYS Department of State's Office of Fire Prevention and
Control.
Except where specifically defined in this section, all words
used in this chapter shall carry their customary meanings. The word
"shall" is always mandatory, and the word "may" denotes a use of discretion
in making a decision. The following words and phrases used in this
chapter shall have the following meanings:
BONFIRE
An outdoor fire utilized for religious, ceremonial, or similar
purposes having a total fuel area greater than three feet in diameter
and greater than three feet in height. Any open burning that exceeds
the provision of this chapter shall be deemed a bonfire.
CITY
The City of Corning, New York.
ENFORCEMENT OFFICIAL
The Chief of the Fire Department, or his/her designee, the
Code Enforcement Officer, or his/her designee, the Police Department
of the City of Corning.
GARBAGE
All animal and vegetable waste resulting from growing, processing,
marketing and preparation of food items, including the container in
which packaged.
NUISANCE
Suffering or permitting any condition or thing to be or exist,
which act, omission, condition or thing either:
A.
Unreasonably injures or endangers the comfort, repose, health
or safety of others; or
B.
Offends public decency; or
C.
Is offensive to the sense of reasonable persons; or
D.
In any way renders other persons insecure in life or use of
property.
OPEN BURNING
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber.
PERSON
Includes individuals, firms, partnerships, corporations,
and all associations of natural persons, whether acting by themselves
or by an agent or employee.
PERSON RESPONSIBLE FOR VIOLATION
Either the person who caused the violation and/or the owner,
lessor, tenant, or other person entitled to control, use, and/or occupy
property where a violation occurs.
RECREATIONAL OUTDOOR FIRE
A small outdoor fire or open burning on residential property
confined to a commercially designed and manufactured freestanding
portable outdoor fireplace, or manufactured fire pit.
REFUSE
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 treated or painted
lumber, automobile parts, rubber, including tires and rubber-like
products, dead animals or animal parts, biohazard waste products,
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.
RESPONSIBLE PARTY
An individual, age 18 or older, who is not under the influence
of drugs or alcohol or suffering from any other disability which would
impair his or her ability to properly supervise a fire.
RUBBISH (TRASH) AND DEBRIS
Ordinary household or commercial trash such as, but not limited
to, food wastes, paper and paper products, boxes, cardboard, plastics,
rubber, crates, furniture, rugs, clothing, rags, mattresses, blankets,
tires, lumber, construction debris or waste and any and all tangible
personal property no longer intended or in condition for ordinary
and customary use.
Open burning, the use of burn barrels, outdoor fires, rubbish
and refuse burning are prohibited in the City of Corning except as
specifically permitted by this chapter.
Residential recreational outdoor fires shall be allowed, provided that it is not contrary to the provisions of §
145-7 or any state law, rule or regulation, under the following regulations:
A. Open burning shall be conducted in a safe nuisance-free manner, when
weather conditions are such as to minimize adverse effects and not
create a health hazard or a visibility hazard on surrounding property
and roadways. Burning shall be conducted in conformance with all local
and state fire protection regulations.
B. The fire must be constantly attended and supervised by a responsible
party until the fire has been completely extinguished.
C. A means of extinguishing the fire (i.e., water hose, water in container
or fire extinguisher) must be readily available. Adequate fire protection
shall be on site for extinguishing purposes at all times during burning.
D. Open burning shall only be in a commercially designed and manufactured
freestanding portable outdoor fireplace or manufactured fire pit.
Such fireplaces or pits shall have screens, lids, or spark arrestors
and shall be constructed of noncombustible materials and put together
and used in accordance to the manufacturer's instructions.
E. Open burning shall only be conducted between the hours of 7:00 a.m.
and 11:00 p.m.
F. Fuel for the fire shall consist only of natural, seasoned, and dry
firewood and shall be ignited with a small quantity of paper. Trash,
rubbish, treated wood, furniture, scrap building materials, leaves
and other similar combustible materials shall not be burned.
G. Fires shall not be ignited with oil, gas, petroleum product or any
other flammable or combustible liquid accelerant.
H. Open burning shall not be conducted during unfavorable meteorological
conditions, including, but not limited to, temperature inversions,
high winds, and extremely dry conditions when the smoke may create
a nuisance for nearby neighbors.
I. A safe area of at least 10 feet shall be maintained around the fire
and from any structure, building or combustible materials including,
but not limited to, houses, garages, sheds, patios, fences, decks,
and woodpiles.
The Fire Department shall bear primary responsibility for enforcement
of the provisions of this article.
A. The Fire Chief, Police Chief, Code Enforcement Officer and their
designees are authorized to enforce the provisions of this chapter.
B. The Fire Chief, Police Chief, Code Enforcement Officer and their designees are authorized to issue appearance tickets for a violation of this chapter as provided in Chapter
5 of the Code of the City of Corning.
In any situation where any fire utilized or maintained by a
person poses an imminent danger to public health, safety, and welfare,
the Fire Department, Police Department and Code Enforcement personnel
may enter onto the property and inspect any property for the purpose
of ascertaining compliance with the provisions of this chapter.
Those individuals who fail to comply with this chapter will
be guilty of a violation, punishable by a fine not to exceed $250
per violation. For the purposes of this chapter, each occurrence of
a violation shall constitute a separate violation.
In the event of a conflict between this chapter and any other
provision of the City of Corning Code providing for a civil penalty,
the more specific or restrictive provision or penalty shall apply.
If any one or more sections, subsections or sentences of this
chapter are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this chapter
and the same shall remain in full force and effect.