[HISTORY: Adopted by the Board of Selectmen
of the Town of Simsbury 10-13-1976. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Shrubs, vegetation or prunings, the diameter of which is
not greater than three inches at the widest point.
Commissioner of the State of Connecticut Department of Environmental
Protection.
Any volunteer fireman who engages in fire fighting under
the supervision of the Fire Chief or his designee.
Any person appointed by the Town Manager and certified by
the Commissioner.
[Amended 7-12-2021]
An individual seeking to burn on the property where he resides.
A.
Except as specified in § 75-3A, no person shall set, cause or permit an open fire without obtaining an open burning certificate from the Commissioner or the Open Burning Official.
B.
An application for a burning certificate for any fire described in § 75-3B shall be made by the applicant on forms furnished by the Open Burning Official, and each applicant shall describe the purpose of the fire, the nature and quantity of the material to be burned and such other information as the Commissioner and/or the Open Burning Official may require.
C.
A certificate issued under this section shall be applicable
only for the occasions or the purpose for which it has been obtained.
A.
Certificates under this chapter shall not be required
for the following fires:
(1)
Barbecues or other outdoor open fires for the cooking
of food for human consumption.
(2)
Fires to abate an immediate fire hazard, provided
that the abatement fire is supervised by a responsible fire official.
(3)
Fires in salamanders or other similar devices used
by construction or other workers for heating purposes or fires essential
to street installation or paving activities, the repairing of utilities
or other similar work.
B.
The Open Burning Official may issue, subject to the provisions of § 75-5, a certificate for the following fires:
C.
Applications for other open burning certificates must
be addressed to the Commissioner.
The Open Burning Official shall not issue a certificate requested under § 75-3B when he determines that:
A.
A hazardous health condition will be created by such
burning.
B.
The fire constitutes a salvage operation by open burning.
C.
A practical and alternative method for the disposal
of the material to be burned exists, including but not limited to
the following techniques: chipping, cutting for forest products, landfilling,
piling for protective cover for wildlife and stockpiling.
D.
Such open burning would interfere with or prevent
the attainment or maintenance of a relevant ambient air quality standard.
E.
The forest fire danger, as determined by the State
Forest Fire Warden, is high or extreme and the area is within 100
feet of a woodland or grassland.
F.
The Commissioner has issued an advisory of an air
pollution emergency episode stage.
G.
Garbage, paper, grass, metals, plastics, leaves, brush,
rubber, painted materials or demolition waste is to be burned.
A.
Certificates approved under § 75-3B shall be subject to such reasonable conditions as are necessary to avoid a nuisance or to protect the health, safety or comfort of the public, including but not limited to the following:
(1)
Only materials and quantities specified on the certificate
shall be burned.
(2)
The Open Burning Official shall specify on any permit
the hours and days during which open burning is allowed.
(3)
Except for fire-training exercises, burning shall
only be permitted on sunny or partly sunny days when wind speed is
five to 15 miles per hour.
B.
A copy of the certificate shall be kept in the possession
of the applicant at the burning site at all times during the burning.
C.
The Commissioner or his designee or the Open Burning
Official may revoke in writing any certificate or add any reasonable,
specifically identified conditions if circumstances indicate that
air pollution standards will be violated.
[Amended 1-8-1990]
A violation of any provision of this chapter
shall be an infraction as provided for in Connecticut General Statutes
Sections 51-164m and 51-164n. Pursuant to General Statutes Section
51-164p, any violation of any provision of this chapter shall be punishable
by a fine of not more than $90 for each offense.
