Pursuant to C.G.S. § 22a-174, the town adopts the following
open burning ordinance.
As used in this chapter, the following words or phrases shall have the
meanings indicated:
APPLICANT
The person making the open burning certificate application and who
will be responsible for the open burning.
BRUSH
Shrubs, vegetation or prunings, the diameter of which is not greater
than three inches at the widest point.
BUILDING
Any structure that is enclosed by a roof and walls.
COMMISSIONER
The Commissioner of the State of Connecticut Department of Environmental
Protection, or his or her designee.
DEP
The State of Connecticut Department of Environmental Protection.
NUISANCE
The discharge into the open air of any smoke, soot, dust, fumes,
odors or other emissions which cause injury, detriment or annoyance or which
endanger the comfort, repose, health or safety of the public or which cause,
or are likely to cause, injury or damage to business or property.
OPEN BURNING
The ignition of, causing to be ignited, permitting to be ignited
or maintenance of a fire outside the confines of a building.
OPEN BURNING CERTIFICATE
A certificate issued by the open burning official in accordance with
this chapter, § 22a-174 and the regulations.
OPEN BURNING CERTIFICATE APPLICATION
An application for an open burning made on the form furnished by
the open burning official, which form shall, at a minimum, name the person
responsible for the open burning, list his or her address, list his or her
telephone number, explain the purpose of the open burning, explain the type
and quantity of materials to be burned and list the address of the property
at which the open burning shall take place.
OPEN BURNING OFFICIAL
Such official who has been nominated, certified and serves in accordance
with § 22a-174 and the regulations.
OPEN BURNING REGISTRATION
Verbal registration which is made to the open burning official of an open burning enumerated in §
91-5 of this chapter
24 hours prior to the ignition of such open burning.
REGULATIONS
Those Regulations of Connecticut State Agencies enacted pursuant
to § 22a-174, as amended.
SECTION 22a-174
Section 22a-174 of the Connecticut General Statutes, as amended.
No open burning shall be allowed except as specifically provided in
this chapter.
The following type of open burning shall be allowed only after a person
makes an open burning registration: any campfires or bonfires that exceed
four feet in any direction.
The following types of open burning shall be allowed without the need
for an open burning certificate or open burning registration:
A. Barbecues or other similar outdoor fires, which fires
are for the cooking of food for human consumption.
B. Campfires, bonfires or other types of fires made out
of nonprocessed wood for recreational or ceremonial purposes, provided that
the size of such fires does not exceed four feet in any direction.
C. Fires in "salamanders" or other similar devices used
by construction or other workers for heating purposes, which fires are used
for street installation or paving activities, the repairing of utilities or
other similar work.
D. Fire breaks for the purpose of controlling forest fires,
provided that fire personnel do it.
E. Controlled fires in salt water marshes to forestall uncontrolled
fires, provided that they are done by fire personnel.
F. My fire specifically exempted from such requirements
in § 22a-174 or the Regulations.
The following types of open burning shall be allowed only after a permit
from the Fire Marshal is obtained in accordance with § 22a-174 and
the Regulations: the open burning of brush in municipal landfills, transfer
stations and municipal recycling centers in the town.
Certain types of open burning require the issuance of a permit by the
Commissioner; such types are enumerated in the Connecticut General Statutes
and the Regulations of Connecticut State Agencies.
Under no circumstances is the following allowed, and constitutes a violation
under this chapter:
A. No weeds, grass, leaves, processed wood, garbage, paper,
metals, plastics, rubber, painted materials, man-made waste or demolition
waste shall be burned.
B. No open burning of brush shall occur when national or
state ambient air quality standards may be exceeded.
C. No open burning of brush shall occur where a hazardous
health condition might be created.
D. No open burning shall occur when the forest fire danger
in the area is identified by the Commissioner as extreme, and where woodland
or grassland is within 100 feet of the proposed open burning.
E. No open burning of brush shall occur when there is an
advisory from the Commissioner of any air pollution episode.
F. No open burning is allowed within the limits of any public
road or public right-of-way.
G. No open burning of brush shall occur on commercial or
industrial properties, vacant lots or on properties that contain multifamily
residential units.
The following conditions are imposed on all open burning:
A. No open burning shall create a nuisance.
B. A responsible adult shall tend to the open burning at
all times.
C. Suitable fire-extinguishing equipment must be in close
proximity and available at the time of the open burning.
D. The open burning must be a minimum of 25 feet from any
property line and 25 feet from any building, except that barbecues or other
similar outdoor fires shall not be subject to this condition.
E. No open burning shall be allowed to burn out of control
so as to require the response of fire personnel and/or apparatus. The Fire
Chief or Fire Marshal shall make the determination that a fire has been allowed
to burn out of control.
The Fire Marshal, Fire Chief or any officer of the Fire Department,
the Director of Health, or his or her designee, or any police officer may
require any person who ignites or maintains an open burning in violation of
the provisions of this chapter to extinguish such open burning. Failure to
extinguish such open burning shall be a violation under this chapter.
Any person who violates any provision of this chapter shall be subject
to the following penalties and fines:
A. Fines:
(1) First offense or violation: $25.
(2) Second or subsequent offense or violation: $100 for each
separate violation and each day of continued violation.
B. The open burning official may seek enforcement of the
provisions of this chapter by injunction and, in such event, the violator
shall pay the town's reasonable attorney's fees.
C. The provisions of Chapter
93, Ordinance Enforcement, shall otherwise apply to this chapter.
D. Any and all remedies which the town has in enforcing
this chapter, at law or in equity, shall be cumulative, and two or more or
all of such remedies may be exercised at the same time.