As used in this chapter, the following words or phrases shall
have the meanings indicated:
APPLICANT
The person making the open burning certificate application
and who will be responsible for the open burning.
BRUSH
Shrubs, vegetation or pruning, the diameter of which is not
greater than three inches at the widest point.
BUILDING
Any structure which is enclosed by a roof and walls.
COMMISSIONER
The Commissioner of the State of Connecticut Department of
Energy and Environmental Protection, or his or her designee.
DEEP
The State of Connecticut Department of Energy and Environmental
Protection.
NUISANCE
The discharge into the open air of any smoke, soot, dust,
fumes, odors or other emissions which cause injury, detriment or annoyance
or which endanger the comfort, repose, health or safety of the public
or which cause, or are likely to cause, injury or damage to business
or property.
OPEN BURNING CERTIFICATE
A certificate issued by the open burning official in accordance
with this chapter, Section 22a-174 and the Regulations.
OPEN BURNING OFFICIAL
Such official who has been nominated, certified and serves
in accordance with Section 22a-174 and the Regulations.
OPEN BURNING REGISTRATION
Verbal registration which is made to the Open Burning Official
24 hours prior to the ignition of such open burning.
OPEN BURNS or OPEN BURNING
The ignition of, causing to be ignited, permitting to be
ignited or maintenance of a fire outside the confines of a building.
REGULATIONS
Those Regulations of Connecticut State Agencies enacted pursuant
to Section 22a-174, as amended.
SECTION 22a-174
Section 22a-174 of the Connecticut General Statutes, as amended.
No open burning shall be allowed except as specifically provided
in this chapter.
The following type of open burning shall be allowed only after
a person makes an open burning registration: any campfires or bonfires
that exceed four feet in any direction.
In addition to the conditions provided in §
203-3B, the following conditions are imposed on all open burning:
A. No open burning shall create a nuisance.
B. A responsible adult shall tend to the open burning at all times.
C. Suitable fire extinguishing equipment must be in close proximity
and available at the time of the open burning.
D. The open burning must be a minimum of 25 feet from any property line
and 25 feet from any building, except that barbecues or other similar
outdoor fires shall not be subject to this condition.
E. No open burning shall be allowed to burn out of control so as to
require the response of fire personnel and/or apparatus. The Fire
Chief or Fire Marshal shall make determination that a fire has been
allowed to burn out of control.
F. No weeds, grass, leaves, processed wood, garbage, paper, metals,
plastics, rubber, painted materials, man-made waste or demolition
waste shall be burned.
G. No open burning of brush shall occur when national or state ambient
air quality standards may be exceeded.
H. No open burning of brush shall occur where a hazardous health condition
might be created.
I. No open burning shall occur when the forest fire danger in the area
is identified by the Commissioner as high and extreme and where woodland
or grassland is within 100 feet of the proposed open burning.
J. No open burning of brush shall occur when there is an advisory from
the Commissioner of any air pollution episode.
K. No open burning is allowed within the limits of any public road or
public right-of-way.
L. No open burning of brush shall occur on commercial or industrial
properties, vacant lots or on properties that contain multifamily
residential units.
The following types of open burning shall be allowed without
the need for an open burning certificate or open burning registration:
A. Barbecues or other similar outdoor fires, which fires are for the
cooking of food for human consumption.
B. Campfires, bonfires or other types of fires made out of nonprocessed
wood for recreational or ceremonial purposes, provided that the size
of such fires does not exceed three feet in any direction.
C. Fires in "salamanders" or other similar devices used by construction
or other workers for heating purposes, which fires are used for street
installation or paving activities, the repairing of utilities or other
similar work.
D. Fire breaks for the purpose of controlling forest fires, provided
fire personnel do it.
E. Any fire specifically exempted from such requirements in Section
22a-174 or the Regulations.
The Fire Marshal, Fire Chief or any officer of the Fire Department,
the Director of Health, or his or her designee, or any police officer
may require any person who ignites or maintains an open burning in
violation of the provisions of this chapter to extinguish such open
burning. Failure to extinguish such open burning shall be a violation
under this chapter.
Certain types of open burning require the issuance of a permit
by the Commissioner; such types are enumerated in the Connecticut
General Statutes and the Regulations of Connecticut State Agencies.
Any person who violates any provision of this chapter shall
be subject to the following penalties and fines:
A. Fines:
(1) First offense or violation: $25.
(2) Second or subsequent offense or violation: $100 for each separate
violation and each day of continued violation.
B. The Open Burning Official may seek enforcement of the provisions
of this chapter by injunction and, in such event, the violator may
be liable for the Town's reasonable attorney's fees.
C. The provisions of Chapter
215, Citations, Article
I, of the Town Code shall apply to this chapter.
D. Any and all remedies which the Town has in enforcing the chapter,
at law or in equity, shall be cumulative and two or more or all of
such remedies may be exercised at the same time.
Inspection of the premises shall be made to ensure compliance
with this chapter and the Connecticut General Statutes as may be amended
from time to time. Said inspection shall be carried out simultaneously
with all other required inspections. All separate fee schedules shall
be adhered to. A fee as set from time to time by the Board of Selectmen
shall be paid to the Town of Winchester.