Town of Barrington, RI Chapter 78 Burning, Outdoor

[HISTORY: Adopted by the Town Council of the Town of Barrington 4-20-1987 by Ord. No. 87-3 (Ch. I, Sec. 12, of Title Five of the 1965 Code). Amendments noted where applicable.]

RHODE ISLAND GENERAL LAWS (AS AMENDED)

Clean Air Act — See § 23-23-1 et seq.

GENERAL REFERENCES

Emergency ordinances — See Sec. 2-2-5 of the Charter.

Fire Department Rules and Regulations — See Ch. 12.

Fires in parks — See Ch. 134, §§ 134-3 and 134-6.

Fee and Fine Schedule — See Ch. A225.

§ 78-1 Certain outdoor burning without permit prohibited.

[Amended 10-7-2002 by Ord. No. 2002-5; 10-6-2014 by Ord. No. 2014-5]

A. Except for the exceptions enumerated herein, all outdoor burning within the Town of Barrington is prohibited unless a permit shall have been granted for ceremonial bonfires, residential recreational fires not exceeding two feet in diameter, conservation enhancement, Fire Department training, and emergency disposal of debris in accordance with the provisions of § 78-2 hereof. No permit shall be required for:

(1) Clambakes or cooking of food on barbecues, fireplaces or grills; or

(2) Residential recreational fires of less than two feet in diameter (e.g., fire bowls and chimineas, but not campfires or other open-pit fires), which shall meet the following requirements:

(a) Wood burned. Only "clean wood" may be used; no other wood or material may be burned. "Clean wood" means natural wood or pellets made therefrom that has not been painted, stained, coated, preserved or treated with a synthetic substance, including, but not limited to, copper chromium arsenate, creosote, or pentachlorophenol. "Clean wood" does not include driftwood and does not include construction or demolition debris, nor wood that contains glue or resins, as in plywood or other composite wood products.

(b) Location. Such fires must be located at least 30 feet away from any abutting property owner's dwelling or structure as determined by the Barrington Fire Chief, Deputy Fire Chiefs, Fire Marshal, or their designees. Such fires must not cause noxious emissions on the property of others, or other nuisance or hazard to surrounding persons or property, as determined by the Barrington Fire Chief, Deputy Fire Chiefs, Fire Marshal, their designees, or other duly constituted authority.

(c) Attendance. A competent person of at least 18 years of age, possessing access to a source of water (e.g., a garden hose connected to a water supply) sufficient to extinguish such fire shall constantly attend such fire until the fire is extinguished.

B. The Fire Chief, Deputy Chiefs, Fire Marshal or their designees shall have the authority to prohibit, extinguish or cause to be extinguished any and all fires otherwise allowed without a permit when atmospheric conditions or local circumstances make such fires hazardous or the smoke or fumes from such fires causes a nuisance to surrounding neighbors, property or persons. (NFPA 1, Section 10.11.4)

§ 78-2 Permit application procedure; conditions.

A. Any person seeking to engage in outdoor burning shall make application for a permit to the Fire Chief of the Town of Barrington at least 48 hours in advance of the date of such proposed burning. All such applications shall:

(1) Describe the material to be burned.

(2) Describe the location of the proposed fire and all structures within 100 feet.

(3) Describe in detail the fire prevention measures to be taken.

(4) Also contain such other information as the application form shall require.

B. In any case in which a permit shall have been granted by the Fire Chief, the applicant may change the date on which such burning is to take place by giving written notice of such new date to the Fire Department, and no new permit or fee shall be required.

C. All fires conducted pursuant to permits granted hereunder shall comply with the following terms and conditions:

[Amended 6-8-1987 by Ord. No. 87-5; 9-14-1987 by Ord. No. 87-7; 8-6-1990 by Ord. No. 90-5; 10-7-2002 by Ord. No. 2002-5]

(1) No fire conducted shall be more than 16 square feet in area unless supervised by the Fire Department, the cost of which shall be borne by the permit holder.

(2) No fire shall be located closer than 50 feet to any structure or conducted in a public street.

(3) All fires shall be supervised by a responsible adult with a ready supply of water to extinguish the same.

(4) The person conducting such fire shall have the permit ready and available for production.

D. In granting a permit, the Fire Chief may impose additional conditions and stipulations necessary in their opinion to protect the public health, safety and welfare.

E. The Town Council shall adopt regulations governing the application and permitting process. All applications for permits shall be accompanied by a fee established by resolution from time to time by the Town Council.[1]

[1] Editor's Note: See Ch. A225, Fee and Fine Schedule.

F. The Fire Chief may deny any application for a permit if, in their opinion, the proposed burning would pose an unreasonable risk to the health, safety and welfare of the public, the applicant or any other person or property.

G. The Town Manager has the authority to permit recreational burning on Town property.

[Added 1-11-2021 by Ord. No. 2020-21]

H. All outside burning is prohibited during high or extreme fire dangers.

[Added 1-11-2021 by Ord. No. 2020-21]

§ 78-3 Emergency provisions.

[Added 8-26-1991 by Ord. No. 91-18]

A. The restrictions of the amendment to § 78-2C(3) relating to outdoor burning between November 1 and April 1 of each year are herewith temporarily suspended, thereby allowing burning by residents during this emergency situation.[1]

[1] Editor's Note: The emergency situation referred to is the aftermath of Hurricane Bob as mentioned in the preamble to Ord. No. 91-18 which read as follows: "Due to fallen trees, branches and other related debris resulting from the aftermath of Hurricane Bob, the Town Council of the Town of Barrington has determined that an emergency situation exists affecting the public peace, health, safety, comfort and welfare of the Town's inhabitants. Due to this emergency situation and pursuant to Chapter 2, Section 2-2-5, of the Town of Barrington Town Charter, the Town Council of the Town of Barrington herewith adopts the following emergency ordinance pertaining to outdoor burning. Accordingly, the Town Council of the Town of Barrington hereby ordains:".

B. The restrictions of the amendment to § 78-2E relating to fees for the issuance of permits as well as the number of permits issued are herewith temporarily suspended during the emergency situation. Application for permits shall be made to the Fire Department of the Town of Barrington, and the issuance of such permits shall be at the discretion of the Fire Chief for the Town of Barrington.

C. This emergency section shall take effect immediately upon its passage and continue in full force and effect until the Town Council, in its discretion, shall revoke this section.

§ 78-4 Revocation of permit.

The Fire Chief or their duly authorized representative may revoke any permit granted pursuant to this chapter when, in such person's opinion, atmospheric conditions or local circumstances make such burning hazardous or the smoke or fumes of such burning a nuisance to adjoining property or persons. Upon revocation of any such permit, the Fire Department is authorized to extinguish or cause to be extinguished any such burning forthwith.

§ 78-5 Violations and penalties.

[Amended 10-7-2002 by Ord. No. 2002-5]

Any person violating the terms of this chapter shall be subject to a fine of not more than $50 for the first offense, not more than $100 for the second offense and not more than $500 for each and every violation thereafter.