[HISTORY: Adopted by the Town Board of the Town of Henrietta 8-3-2022 by L.L. No. 15-2022. Amendments noted where applicable.]
A. 
The Town affirms that the regulations of the New York State Fire Code Section apply within the Town, including Section 307, which pertains to open burning, recreational fires, and portable outdoor fireplaces, and Section 308, which pertains to open flames. Online hyperlink to Fire Code regulations: (https://codes.iccsafe.org/content/NYSFC2020P1/chapter-3-general-requirements#NYSFC2020P1_Pt02_Ch03_Sec307)
B. 
The Town hereby adopts and affirms the regulations of the New York State Department of Environmental Conservation with regard to open burning, all as set forth at 6 NYCRR 215.3. Online hyperlink to DEC webpage on open burning: (https://www.dec.ny.gov/chemical/32060.html)
C. 
The Town hereby adopts and affirms the standards at Article V of the Monroe County Sanitary Code which pertains to open burning. Online hyperlink to Monroe County Code:
(https://www.monroecounty.gov/files/health/ArticleVOpenBurning.pdf)
D. 
If there is a conflict between the New York State Fire Code (Subsection A), the New York State DEC Regulations (Subsection B) Monroe County Sanitary Codes (Subsection C), or the Henrietta Town Code, the strictest of the conflicting codes shall apply.
A. 
All technical terms used in this chapter shall be defined as set forth in the Uniform Code, except as such terms may otherwise be defined in this chapter.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
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. Open burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or use of portable outdoor fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.
RECREATIONAL FIRE
An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of limited size for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
UNTREATED WOOD
Firewood must be untreated from a chemical standpoint. Wood that has been heat treated through kiln drying is still considered untreated wood. Chemically treated wood, such as plywood or pressure-treated lumber, is not untreated wood.
The following types of fires/burning are permitted within the Town of Henrietta:
A. 
Open flame cooking devices, including charcoal, wood, or propane grills, that are in working condition and include proper containment including a grill or grate, and no closer than 10 feet to any combustible construction, including combustible balconies.
B. 
Fires in approved combustion containers, such as barbeque pits, chimineas, and outdoor fireplaces, burning only charcoal or dry, clean, untreated, and unpainted wood, and no closer than 15 feet to any structure or combustible material.
C. 
Recreational or ceremonial fires no larger than three feet in height and four feet in length, width, or diameter, burning only charcoal or dry, clean, untreated, and unpainted wood, and no closer than 25 feet to any structure or combustible material.
D. 
Recreational or ceremonial bonfires, burning only charcoal or dry, clean, untreated, and unpainted wood, and no closer than 50 feet to any structure or combustible material with extinguishing capability present and any condition that might allow the bonfire to spread within 50 feet to any structure or combustible material mitigated or eliminated prior to ignition.
E. 
The disposal of flags or religious items may be burned on a ceremonial fire following the regulations set forth in Subsection A, B, C, or D above.
F. 
Fire burning activities by governmental entities, as permitted pursuant to DEC regulations.
G. 
Organic agricultural wastes may be burned on-site where they are grown or generated, including brush and wood produced by clearing fields and other activities. Fires must be located on contiguous agricultural land larger than five acres, and the materials capable of being fully burned within 24 hours. Additionally, agricultural burning otherwise permitted by the DEC regulations shall be permitted.
The following types of fires/burning are prohibited within the Town of Henrietta, as follows:
A. 
The burning of garbage, rubbish, or materials not otherwise approved in § 121-3 is prohibited.
B. 
The burning of leaf piles or yard waste is prohibited.
C. 
A fire which unreasonably and substantially interferes with the use or enjoyment of another's property, such as by way of excessive smoke, noxious odors, and/or toxic/irritating fumes, is prohibited.
D. 
Open fires during a time of increased risk of wildfire or otherwise indicated as a "No burn day" by the State of New York or the County of Monroe is prohibited.
A. 
Unless specifically permitted by the Town for a property and/or at an event via a special event permit, recreational or ceremonial fires shall not be burning for more than six hours in any one twenty-four-hour period, nor during any portion of more than two days in one week.
B. 
Unless specifically permitted by the Town for a property and/or at an event via a special event permit, recreational or ceremonial bonfires shall not be burning more than four hours in one twenty-four-hour period, nor during any portion of more than one day per week.
This chapter may be enforced by:
A. 
The Fire Marshal or their designated representative.
B. 
The Director of Building and Fire Prevention or their designated representative.
C. 
A law enforcement officer of the Monroe County Sheriff's Department.
D. 
A law enforcement officer of the New York State Police.
E. 
The Monroe County Health Department or their designated representative.
A. 
A first-time violation of this chapter by an individual or property owner shall be punishable by a civil penalty not to exceed $250.
B. 
A second-time violation of this chapter within a calendar year by an individual or property owner shall be punishable by a civil penalty not to exceed $500.
C. 
A third-time or subsequent violation of this chapter within a calendar year by an individual or property owner shall be punishable by a civil penalty not to exceed $1,000, imprisonment not to exceed 30 days, or both.