[HISTORY: Adopted by the Town of Rye as indicated in article histories. Amendments noted where applicable.]
[Adopted by Town Meeting 3-18-1995 by Art. 16 (Ord. No. 27)[1]]
[1]
Editor's Note: Prior to adoption by Town Meeting, this ordinance was adopted by the Board of Selectmen 9-26-1994.
[Amended 3-10-2020 by Art. 28]
Residents of Rye may obtain a permit to burn brush under the following guidelines of the Rye Fire Department, Division of Forests and Lands, and Air Resources Division:
A. 
A permit from the local forest fire warden or designee must be obtained.
B. 
No burning is allowed between the hours of 9:00 a.m. and 5:00 p.m. unless raining.
C. 
Burning during rain shall be at the discretion of the local forest fire warden or designee.
D. 
If rain stops during a rain burn the fire shall be extinguished immediately, unless it is after 5:00 p.m.
E. 
No permit is needed when there is snow-covered ground, but the Rye Fire Department shall be notified prior to burning at 964-6411.
F. 
Permits will not be issued if weather is unfavorable or a proclamation closing woodlands is in force. Unfavorable weather conditions shall be determined by the local and/or state forest fire warden. In the absence of the local warden his designee shall make the determination.
G. 
Permits shall be issued to the landowner, unless permission is granted to another responsible party in writing.
[Amended 3-10-2020 by Art. 28]
The following materials are allowed to be burned:
A. 
Brush (not over five inches in diameter).
B. 
Unpainted wood.
C. 
Untreated wood.
D. 
Leaves, grass, hay, etc.
[Amended 3-10-2020 by Art. 28]
The following materials are not allowed to be burned:
A. 
Pressure-treated lumber.
B. 
Brush over five inches in diameter.
C. 
Painted lumber.
D. 
Tires, rubber, plastics, styrofoam, etc.
E. 
Asphalt shingles.
F. 
Demolition materials (without approval of the Air Resources Division).
G. 
Petroleum-based products.
A. 
A safe distance from dwellings and/or buildings shall be maintained at all times, not only from sparks but radiant heat also. This includes utility lines.
B. 
A garden hose long enough to reach around the fire shall be maintained at all times within 100 feet of a dwelling or structure.
C. 
Fires shall be attended at all times by a responsible party.
D. 
All fires shall be extinguished at expiration date and time on permit.
E. 
Fires that are buried are not considered to be extinguished.
F. 
If fires are declared a nuisance by the air pollution officials or local forest fire warden or designee, the fire shall be extinguished if a single complaint is received.
[Amended 3-10-2020 by Art. 28]
A. 
Any person, firm or corporation causing or kindling a fire shall be liable under RSA 227-L, Woodland Fire Control.
B. 
Penalty per RSA 227-L, Woodland Fire Control:
(1) 
State: as per RSA 227-L:17, VII.
(2) 
Local: a fine or penalty not to exceed $350.
A. 
All building contractors' burning permits shall be issued in accordance with the guidelines established by the Rye Fire Department, Division of Forests and Lands and Air Resources Division.
[Amended 3-10-2020 by Art. 28]
B. 
All piles to be burned shall be inspected by the local forest fire warden or his designee prior to issuing a permit.
C. 
These piles shall be inspected only Monday through Friday between the hours of 8:00 a.m. and 3:30 p.m.
[Amended 3-10-2020 by Art. 28]
D. 
Any building contractors' burn inspections needed after these hours will be permitted if the contractor agrees in writing to a charge of $25 per hour.