[HISTORY: Adopted by the Town Meeting of the Town of Old Saybrook 3-13-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 122.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BRUSH
Shrubs, vegetation or prunings, the diameter of which is not greater than three inches at the widest point.
CERTIFICATE
A certificate of open burning issued by the Open Burning Official in such form or detail and valid for such period as the Open Burning Official may prescribe.
GRILL, BARBECUE OR OUTDOOR FIREPLACE
Any masonry or metal structure used only for cooking outdoors and not used for any disposition of material specified in the definition of open burning.
OPEN BURNING
Any fire in the open air or outside the confines of a building for the purpose of:
A. 
The prevention, control or destruction of diseases and pests and agricultural burning for vegetation management;
B. 
The disposal of brush by a resident on the property where he or she owns or resides with written permission of the property owner;
C. 
The disposal of dangerous material such as toxic gases, where there is no reasonable alternative method of disposal;
D. 
Thwarting a hazard which cannot properly be managed by any other means or is necessary for the protection of the public health:
E. 
Fires in saltwater marshes;
F. 
Subject to the provisions of § 99-7, fire training exercises; and
G. 
Any open fires other than those set forth in § 99-2A.
OPEN BURNING OFFICIAL
Any person appointed by the First Selectman designated and certified by the Commissioner of the Department of Environmental Protection as a local Open Burning Official. The Open Burning Official may serve in a temporary capacity from the date of his or her appointment, until certification by the Commissioner of the Department of Environmental Protection.
A. 
No person shall kindle an open burning within the Town without a certificate. This requirement does not apply to the following:
(1) 
The use of an outdoor grill, barbecue or outdoor fireplace for cooking food for human consumption; and
(2) 
Fires to abate an immediate fire hazard, provided the abatement fire is supervised by a responsible fire official.
B. 
No person shall kindle an open burning unless the location of the open burning is no less than 50 to 100 feet from any structure, woodlands and grasslands and adequate provision is made to prevent the fire from spreading within 50 to 100 feet of any structure or other combustible material in an uncontrolled manner, or as the Open Burning Official deems to be an appropriate distance.
Open burning shall be done only between the hours of 10:00 a.m. and 5:00 p.m., as specified on the certificate, and shall only occur on sunny or partly sunny days when wind speed is no more than five to 15 miles per hour. The provisions of this section shall not apply to open burning permitted under § 99-8J.
The certificate holder shall constantly attend an open burning until the fire is extinguished. This person shall have extinguishing equipment readily available for use.
For all open burning described in Subsection C(3) of the definition of open burning, only material and quantities specified on the certificate may be burned, and the Open Burning Official may add any reasonably specifically identified conditions if circumstances indicate that air pollution standards will be violated by open burning.
A. 
A signed, written certificate from the Open Burning Official is needed for open burning for each specific location.
B. 
The Open Burning Official will issue certificates for a period specified on the certificate.
C. 
Daily verbal permission for an Open Burning is required by calling the Fire Department and giving the name and address of the certificate holder and the certificate number.
D. 
Certificates will not be issued if:
(1) 
A hazardous health condition will be created.
(2) 
A salvage operation by open burning will be conducted.
(3) 
A practical alternative method of disposal for the material to be burned is available.
(4) 
Such open burning would interfere with or prevent the attainment or maintenance of ambient air quality standards imposed by state or federal law.
(5) 
Forest fire danger, as determined by the State Fire Warden, is high or extreme and the area where the open burning is conducted is within 100 feet of a woodland or grassland.
E. 
A certificate is not needed for outdoor cooking, grills or fireplaces. Permission is needed for campfires and bonfires and may be obtained by calling the Town Fire Marshal.
The following shall not be burned:
A. 
Tires, oil waste, fuel waste or any other material that emits large quantities of smoke.
B. 
Garbage or animal or vegetable waste.
C. 
Automobiles or parts removed from vehicles.
D. 
Paper, grass, metals, plastics, leaves, rubber, painted materials or demolition waste.
This chapter shall be enforced by the Fire Marshal/Open Burning Official and/or Police Department with warning or arrest. During an air pollution alert, all burning will be prohibited.
Any person who violates any provisions of this chapter shall be fined not more than $100 per occurrence in addition to any applicable state or federal fines or penalties.