Town of Wethersfield, CT Article II Open Burning

[Adopted 4-2-2001; amended in its entirety 8-6-2001]

§ 83-7 Control of open burning.

No person shall ignite, cause to be ignited, permit to be ignited or maintain any open fires except as permitted by regulations promulgated by the Connecticut Department of Environmental Protection, or by other sections of this Code.

A. Permits or certificates. The Town Manager shall designate an Open Burning Official(s), who is authorized to issue written permits or certificates as provided in such regulations. No such permits or certificates shall be issued and no person shall ignite, cause or permit to be ignited or maintain any open fire whether or not a permit or certificate has been required or issued during the first or any other stage of an air pollution emergency episode as declared by the Commissioner of the Connecticut Department of Environmental Protection except as permitted by such regulations.

B. Fires in public right-of-way. Under no circumstances, whether or not a permit or certificate has been required or issued, shall a person ignite, cause to be ignited, permit to be ignited or maintain any open fire within the limits of any public road or right-of-way.

C. Fires burning out of control. Whether or not a permit or certificate has been required or issued, no person shall ignite, cause to be ignited, permit to be ignited or maintain any open fire, nor shall any person authorize others to do so on land owned or controlled by him, in such a manner as to allow such fire to burn out of control so as to require response of fire apparatus and/or personnel.

D. Evidence of violations. A determination by the Fire Chief or Fire Marshal on the question of whether a fire has been allowed to burn out of control so as to cause response of fire apparatus and/or personnel shall be prima facie evidence on such question in any prosecution under the provisions of this article.

E. Banning of fires during periods of extreme fire danger. The Open Burning Official shall have power to ban all outside fires during periods of extreme fire danger in his discretion, and it shall be unlawful to ignite or maintain any fire during the period of any such ban.

F. Extinguishing of fires. The Open Burning Official, Fire Marshal, Fire Chief or any officer of the Fire Department, the Director of Health, or his designee, or any sworn officer of the Police Department may require any person who ignites or maintains a fire in violation of the provisions herein to extinguish such fire forthwith. Failure to extinguish such fire shall be a violation of this article.

G. Open burning requirements. Open burning shall be allowed only in accordance with the following conditions:

(1) Reasonable safety precautions must be taken, including clearing of grass and trees in the burning area, providing a charged water hose or fire extinguisher, and providing adequate personnel to control the burn and having no other combustible material within 20 feet of the allowed burn.

(2) No brush pile larger than 10 feet by 10 feet by three feet may be burned at any one time. Brush must originate from the property on which the burning will occur. "Brush" is defined as shrubs, vegetation or prunings the diameter of which is not greater than three inches at the widest point.

(3) Open burning must be performed in accordance with the General Statutes of the State of Connecticut and with the appropriate permit from the local Open Burning Official.

(4) Open burning shall be permitted only during the period of November through April, except for fire training exercises which may be performed at any time of year.

(5) The open burning of brush on residential properties or undeveloped land is prohibited.

(6) Agricultural burning for vegetation management shall only be performed on those properties designated as "farmland" by the Assessor's office for the Town of Wethersfield.

§ 83-8 Applicability.

The provisions of § 83-7 shall not apply to the following:

A. Barbecues or other outdoor fires solely for the cooking of food for human consumption, provided that it is performed in or on a fireplace or an appliance manufactured for such a purpose.

B. Campfires, and other fires for ceremonial or recreational purposes, provided that only nonprocessed wood is burned and written permission is obtained from the property owner prior to ignition.

C. Fires used in conjunction with construction activities, such as fires in portable heating devices, fires that are essential to street installation or paving activities, the repairing of utilities or similar work. Warming fires utilized at stationary construction sites shall be conducted in a barrel or similar container.

§ 83-9 Penalties for offenses.

Any person who fails to comply with any provisions of § 83-7 shall be fined in an amount not to exceed $100 payable to the Town of Wethersfield.