Except as permitted by regulations promulgated by the Connecticut Department
of Environmental Protection or by other sections of this Code, no person shall
ignite, cause to be ignited, permit to be ignited or maintain any open fires,
including but not limited to the following:
A. On a public road or right-of-way.
B. During periods of extreme fire danger as determined by
the Open Burning Official.
C. Open burning of brush on residential properties or undeveloped
land.
D. In the open air before sunrise or after sunset.
Application for the following shall be made through the Opening Burning
Official(s), who shall forward such application to the Commissioner of the
Department of Environmental Protection or his designee:
A. Fires for the disposal of dangerous material, such as
toxic gases, where there is no reasonable alternative method.
B. Fires to thwart a hazard which cannot be properly managed
by any other means, or fires which are necessary for the protection of public
health.
C. Fire-training exercises where other than liquid fuels
are burned.
Upon obtaining a written permit from the Open Burning Official, open
burning shall be allowed only in accordance with the following conditions:
A. 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. Until such fire is extinguished, such open burning shall be constantly
attended by competent person or persons who is/are at least 18 years of age.
B. 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.
C. Open burning must be performed in accordance with the
General Statutes of the State of Connecticut and with the appropriate permit
from the Open Burning Official.
D. 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.
E. Agricultural burning for vegetation management shall
only be performed on those properties designated as "farmland" by the Assessor's
Office for the Town of Newington.
F. No open burning shall be performed between sunset and
sunrise unless so authorized by the Open Burning Official.
G. A copy of the permit shall be kept in the possession
of the applicant at the burning site at all times during the burning.
H. No person kindling or maintaining an open burning fire
permitted by this chapter shall be relieved of any legal responsibility if
the fire escapes or causes personal injury or property damage. Neither the
Open Burning Official nor the Fire Department or any of its members nor the
Town of Newington or any of its employees, agents, public officials or others
shall be liable for damages to any person, firm or corporation resulting from
an open burning fire whether or not kindled or maintained pursuant to a permit
issued under this chapter.
Notwithstanding the other provisions of this chapter, a permit for open
burning is not required for the following:
A. Barbeques or other outdoor fires solely for the cooking
of food for human consumption.
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, and further provided
that it meets reasonable safety precautions as determined by the Open Burning
Official.
C. Fires used in conjunction with construction activities,
such as fires in portable heating devices; fire essential to street installation
or paving activities, repairing of utilities or similar work, provided that
it meets reasonable safety precautions as determined by the Open Burning Official.
Warming fires at stationary construction sites shall be conducted in a barrel
or similar container.