[HISTORY: Adopted by the Town Meeting of the Town of Whitman 6-2-2021 ATM by Art. 21, AG approved 9-24-2021, eff. 10-6-2021. Amendments noted where applicable.]
A. 
This bylaw is adopted for the purpose of permitting and regulating the residential use of all open burning devices, as defined below, by the Whitman Fire Department.
B. 
This bylaw is not intended to govern the permitting and regulation of outdoor wood-fired boilers and/or the open burning of brush material.
The following definitions shall be used for the provisions of this bylaw:
ATTENDED
Under the personal supervision of the permit holder or other adult person acting under the permit holder's direct supervision, with said individual remaining at the location of the open burning at all times during which a fire is burning and until the fire is thoroughly extinguished.
BRUSH MATERIAL
Materials which include brush, trees, cane, driftwood, forestry debris from other than commercial or industrial land clearing operations, and/or materials associated with the normal pursuit of agricultural activities.
ENCLOSED CHAMBER
An open burning device in which the entry and exit of combustion air and exhaust gas are permitted only through openings, apertures, ducts, stacks, flues or chimneys designed for such entry and exit of air and/or exhaust gas.
HEAD OF THE FIRE DEPARTMENT
The Chief of the Whitman Fire-Rescue and Emergency Services, and/or his/her designee.
NUISANCE
Any odor, emission or event that, in the discretion of the head of the Fire Department, prevents the reasonable use and enjoyment of one's property.
OPEN BURNING
Burning wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.
OPEN BURNING DEVICE
Any container manufactured and/or used for open burning and/or as an enclosed chamber, including any and all fire pits; chimineas; wood stoves; and outdoor fireplaces.
OPEN BURNING OF BRUSH MATERIAL
The open burning of brush material pursuant to a brush burning permit issued by the head of the Fire Department.
OUTDOOR WOOD-FIRED BOILERS
Self-contained hot water boilers that are fired by wood and are regulated pursuant to the Massachusetts Fire Code (527 CMR) and the Massachusetts State Building Code (780 CMR).
PERMIT
An open burning device permit issued pursuant to this bylaw.
RESIDENTIAL USE
The use of any open burning device by the owner or occupant of a home or building located in a residential zoning district.
Open burning device permits will be issued by the head of the Fire Department in accordance with the requirements of this bylaw.
A. 
Scope and issuance.
(1) 
No person shall allow and/or perform open burning in an open burning device in the Town of Whitman, without obtaining, in advance, a permit from the head of the Fire Department as provided in this bylaw.
(2) 
Permits for open burning in an open burning device may be issued by the head of the Fire Department in his/her discretion and shall be subject to such reasonable conditions as the head of the Fire Department may establish from time to time.
(3) 
The conditions for the issuance of a permit may include an inspection of the open burning device and/or the intended location of use of the open burning device prior to issuance of the permit.
(4) 
A permit shall be valid for one year from the date of issuance. After issuance of the permit, the Fire Department reserves the right to make inspections of the open burning device and the location of use of the open burning device on an annual basis and/or as deemed necessary by the head of the Fire Department.
(5) 
The permit shall carry restrictions requiring that all local and state laws, regulations and bylaws are obeyed during the use of any open burning device.
(6) 
A permit shall be valid for the use of open burning devices between the hours of 12:00 noon and 12:00 midnight only.
(7) 
An applicant for a permit must show sufficient identification to prove ownership of the property upon which the device will be used.
(8) 
If the applicant does not own the property, permission for the issuance of a permit will be required from the property owner.
(9) 
The use of open burning devices requiring a permit is limited to property containing one- and two-family dwellings in a residential district in the Town of Whitman, unless otherwise authorized by the Fire Chief or his/her designee.
B. 
General regulations for all outdoor fires.
(1) 
Any fire set or maintained under authority of a permit issued pursuant to this bylaw shall be extinguished immediately upon request by a member of the Fire Department or any member of the Town of Whitman Police Department.
(2) 
Acceptance of a permit issued pursuant to this bylaw shall constitute an agreement on the part of the person to whom it is issued to indemnify and save harmless the Town, its employees, representatives, agents, officials and servants, from and against any injuries or damages the permit holder may sustain personally and/or any liability the permit holder may incur toward any third persons by reason of the issuance of such permit or any action taken thereunder.
(3) 
No fire shall be maintained in such manner as to create a smoke nuisance; and/or a condition of air pollution due to excessive smoke; and/or to create a hazard to others as determined by the head of the Fire Department pursuant to provisions of 310 CMR 7.00 et seq.
(4) 
All open burning devices shall be at all times attended by the permit holder, who shall remain at the location of the fire at all times during which the fire is burning and until the fire is thoroughly extinguished.
(5) 
Open burning devices shall not be used inside a building or on decks or porches.
(6) 
Any situation where the smoke from an open burning device creates a nuisance and/or is objectionable or offensive to the community is prohibited.
(7) 
Permit holders shall have the premises equipped with a garden or fire hose sufficient in length to reach the fire and attached to the faucet with water in the hose ready for immediate use at all times, or shall have watering pots filled with a sufficient supply of water ready for immediate use at all times while a fire is burning.
(8) 
The open burning of trash, refuse or other similar material is strictly prohibited.
(9) 
No open burning devices set or maintained under authority of this permit shall be within 20 feet on any building or structure, including roofs, canopies and overhangs, nor within 20 feet of any combustible material, including but not limited to rubbish, wood, debris, trees, bushes or standing piles of leaves, branches or grass.
(10) 
The permit holder shall only use dry seasoned firewood ignited with a small amount of clean, dry paper. The burning of any material other than seasoned firewood, including but not limited to yard waste, leaves, vines, evergreen needles, brush, trash, construction materials, branches smaller than three inches in diameter, garbage, paper products or any other material not allowed by state or local code or law shall be forbidden.
(11) 
The permit holder shall follow all manufacturer and distributor safety guidelines and instructions for assembly, installation, use and maintenance of the open burning device.
(12) 
The open burning device should be placed and maintained on a flat, level surface that is noncombustible. The device should not wobble or be subject to tipping.
(13) 
No fire shall exceed three feet in diameter.
(14) 
All fires shall be fully extinguished by 12:00 midnight.
(15) 
With the exception of charcoal grills, the use of any accelerant to ignite an fire in an open burning device is strictly prohibited.
C. 
Denial/Revocation. An open burning device permit may be denied and/or revoked for reasons which include but are not limited to the following:
(1) 
A permit may be denied and/or revoked at any time by the head of the Fire Department or his/her designee in their sole discretion.
(2) 
A permit may be denied and/or revoked in response to any situation in which the smoke from an open burning device constitutes a nuisance and/or is objectionable or offensive to neighbors and/or the community.
(3) 
A permit may be denied and/or revoked as a result of any violation of any term or condition of this bylaw, including but not limited to the general regulations stated above, or any history of violations.
(4) 
A permit may be denied and/or revoked in response to any situation where the open air burning creates a dangerous condition and/or risk of harm or injury to individuals or property.
(5) 
Permits issued pursuant to this bylaw shall be immediately void, without any need for written notice of revocation, in case of and for the duration of any storm, air quality and/or high wind advisory issued by the Massachusetts Department of Environmental Protection, the Fire Department and/or any local or state weather or public safety service.
(6) 
A permit may be revoked immediately upon notice, including verbal notice, from the head of the Fire Department, in response to any violation of any applicable law or ordinance. Any violation of any term or condition of this bylaw, or the violation of any condition contained in a permit issued pursuant to this bylaw shall render the permit null and void.
Any authority conferred upon the head of the Fire Department, under this bylaw and/or pursuant to Massachusetts laws and regulations, may be delegated to such members of the Fire Department as the head of the Fire Department shall designate from time to time.