DRAFT
Oct., 2010
Town of Putnam
Special Service District
Open Burning
Regulations
Governing Alarms Responded to
by the :
PUTNAM FIRE DEPARTMENT
189 Church Street
Putnam, CT 06260
860.928.2919
1
INDEX
1.
Title
2.
Purpose
3.
Definitions
4.
Open Burning Permits “Required”
5.
Standards for Open Burning Permits
6.
Conditions of Open Burning Permits
7.
Exemptions from Open Burning Permit Requirements
8.
Administration
9.
Affect of Local Regulations
10.
Severability
11.
Effective Date
2
1. TITLE
This Chapter shall be known and may be cited as the “Open Burning Regulation”.
2. PURPOSE
2.1 The purpose of this Ordinance is to eliminate and or control any and all
unnecessary “open burning” within the Town of Putnam Special Service
District due to the heavily populated and congested areas – in the
interest of Public Health and Safety.
2.2 Be enacted by the Senate and House of Representatives in the General
Assembly convened:
2.3 Section 19 / Section 23-48 of the General Statutes is repealed and the
following is substituted:
2.3.1
Any person who kindles or directs another to kindle a fire in the
open air, without proper authorization from the Local Open
Burning Official or Fire Marshal or any person who burns
materials that are prohibited from being burned by any
provision of the General Statutes, Regulations of the State
Department of Environmental Protection, Department of Public
Health or any local ordinance, shall be fined not more than
two hundred ($200.00) dollars or imprisoned not more than six
(6) months or both.
3
3. DEFINITIONS
As used in this Regulation, the following words and terms shall have the following
meanings:
3.1 ADOPTED CODE shall mean code adopted by the Connecticut General
Statute 29-292.
3.2 BRUSH shall mean shrubs, vegetation, or prunings the diameter of which
shall not be greater than 3” diameter at the largest point.
3.3 COOKING FIRE shall include all types of cooking fires kindled outside
3.4 COOKING FIRES (ENCLOSED) shall include charcoal, gas or wood fires in
containers carrying recognized testing laboratory listing, acceptance or
approval and constructed for the obvious and expressed purpose of
cooking.
3.5 ENFORCEMENT OFFICIAL shall mean the Putnam Fire Department Fire
Chief, Fire Department Officer’s, Incident Commander, Fire Marshal,
Deputy Fire Marshal, Open Burning Official and or an employee of the
Town of Putnam Special Service District or his designated representative.
3.6 FIRE CHIEF shall mean the Putnam Fire Department Fire Chief, Fire
Department Officer’s, Incident Commander, Fire Marshal, Deputy Fire
Marshal and or an employee of the Town of Putnam Special Service
District or his designated representative.
3.7 NUISANCE shall mean a situation in which a recreation fire, bonfire, fire
training, cooking and or brush burning fire – creates an environment on
the property, other than the property where the fire is occurring, which is
considered to be unhealthy, hazardous, reasonably annoying,
uncomfortable, unsafe, creating a traffic hazard, creating a persistent
odor or would cost resources to eliminate the odor from the property. This
shall apply to but not limited to smoke, soot, fumes, odors, vapors, vapors,
noxious gases, products of combustion, heat and incomplete products of
combustion.
3.8 OPEN BURNING OFFICIAL shall mean any person designated and certified
by the Department of Environmental Protection (DEP) and appointed by
the Chief Executive Officer of the Town of Putnam to such office.
3.9
PERMITTEE shall mean any person to whom an Open Burning Permit has
been issued, any person authorized by the Fire Marshal, Deputy Fire
Marshal or Local Open Burning Official – to kindle a fire and any agent
thereof.
3.10 RECREATIONAL FIRES shall mean an outside fire created for the purpose of
experiencing the outside natural environment, for the human
consumption of beverages or food and the cooking or smoking of food
for human consumption and ceremonial purposes. The fire shall be fueled
by combustible materials, flammable or combustible gas or liquid normally
used to create this type of fire. Some typical words describing a
recreational fire includes campfire, barbeque, grill fire and fire pit.
3.11 RESIDENT shall mean an individual seeking to burn on the property where
he “resides”.
3.12 WINDY CONDITIONS shall mean a wind velocity of 15 mph or more. Refer
to (CT.Weather.com) then go to “Brush Fire Conditions” or Ct State Forest
Danger.com.
4
4
OPEN BURNING PERMITS ”REQUIRED”
4.1 Open Burning Permits shall be required and a Permit shall be issued for the
following fires:
4.1.1 No person shall set, cause or permit an open fire without
obtaining an “Open Burning Permit” from the Burning Official
or Fire Marshal
4.1.2 Fires by any person or resident to dispose of brush on the
property where they “reside”
4.1.3 Fires for the disposal of dangerous material such as toxic
gases, where there is not a reasonable alternative method
4.1.4 Fires to thwart a hazard which cannot properly be managed
by any other means or is necessary for the protection of
Public Health
4.1.5 Any other fires not otherwise specified
4.1.6 A “permit application for any fire described shall be made by
the applicant on forms furnished by the Fire Marshal or Local
Open Burning Official
4.1.7 A “permit” issued shall be applicable only for the occasion
and date or the purpose for which it has been obtained
4.1.8 Any fire shall be considered a non-permitted fire if it is
determined to be a hazard or nuisance whether an open
burning permit has been issued or Fire Marshal or Local Open
Burning Official approval has been granted or whether it is
within a stated exception
4.1.9 Sufficient equipment tools and or water hose shall be
available and present to extinguish any kindled fire and a
responsible person, physically capable of using the
equipment and or water hose must be present and in control
of any such kindled fire
4.1.10 The Permittee or responsible person shall be in physical
possession of any Open Burning Permit during the entire burn
process; the person shall present the Permit to the Fire Chief,
Fire Officer, Incident Commander, Fire Marshal, Open Burning
Official and or Police Officer upon request.
4.1.11 The Permittee shall extinguish any permitted fire prior to
leaving the proximate area of said fire for ANY reason
whatever, or upon the Order of the Fire Chief, Fire Officer,
Incident Commander, Fire Marshal, Deputy Fire Marshal,
Open Burning Official or their designated Agents or State or
Local Police Officer.
4.1.12 No Permittee or responsible person shall allow a fire to extend
in an area beyond that which is specifically authorized or
permitted or otherwise allowed
4.1.13 No Permittee or responsible person shall introduce or allow
the introduction of any improper, unauthorized or otherwise
illegal material into any open fire
5
5
STANDARDS FOR OPEN BURNING PERMITS
5.1 Fire Marshal, Deputy Fire Marshal or Open Burning Official SHALL NOT issue
a “permit” when determination are that:
5.1.1 A hazardous health condition is created by such burning
5.1.2 The fire constitutes a salvage operation by opening burning
5.1.3 A practical and or alternative method for disposal of the
material exist, including but not limited to:
5.1.3.1
Chipping
5.1.3.2
Landfill
5.1.3.3
Piling for protective cover for wildlife
5.1.3.4
Stockpiling
5.1.3.5
Highway dept. removal
5.1.4 Such open burning would interfere with or prevent the
“Ambient Air Quality Standard”
5.1.5 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
5.1.6 An advisory or an “air pollution” emergency episode stage is
in effect
5.1.7 Garbage, paper, grass, metals, plastics, LEAVES, rubber (tires),
painted materials or demolition waste is to be burned
6
CONDITIONS OF OPEN BURNING PERMITS
6.1 Shall be subject to such reasonable conditions as are necessary to avoid a
nuisance or to protect the health, safety or comfort of the general public,
including but not limited to the following:
6.1.1 Only those material and quantities specified on the permit
6.1.2 Open burning shall be between the hours or 8 AM to 5 PM
6.1.3 Burning shall only be permitted on sunny or partly sunny days
when the wind speed is 5 to 15 mile per hours - except for fire
department training exercises
6.1.4 Open burning shall not occur when overcast and or raining
6.1.5 A copy of the Permit shall be kept in the possession of the
applicant at the burning site at all times during the burning
6.1.6 The Fire Chief, Fire Marshal or Open Burning Official, or their
designated Agents, or any State or Local Police Officer may
revoke the Permit and or add any reasonable, specifically
identified conditions if circumstances indicate that the “air
pollution” standards will be violated
6.1.7 Any fire shall be considered a non-permitted fire if it is
determined to be a hazard or nuisance whether an open
burning permit has been issued or Fire Marshal, Local Open
Burning Official approval has been granted or whether it is
within a stated exception
6.1.8 Sufficient equipment tools and or water hose shall be
available and present to extinguish any kindled fire and a
responsible person, physically capable of using the
equipment and or water hose must be present and in control
of any such kindled fire
6
7
8
EXEMPTIONS FROM OPEN BURNING PERMIT REQUIREMENTS
7.1 Open Burning Permits shall not be required for the following types of fires
provided it is not deemed a hazard or nuisance to Article 4, Section 4.1.8:
7.1.1 Barbecues, campfires, other outdoor open fires for cooking of
food for human consumption. No fires shall exceed 6’ in
height
7.1.2 Campfires and other fires for ceremonial or recreational
purposes. No fires shall exceed 6’ in height
7.1.3 Fires to abate an immediate fire hazard provided that the
abatement is supervised by a responsible and qualified Fire
Department Officer
7.1.4 Fires for training fire department personnel in the methods of
fighting fires, with or without liquid fuels
7.1.5 Fires in salamanders or other similar devices used by
construction companies or other workers for heating purposes
which fires are essential for construction activities
7.1.6 The EXEMPTION from obtaining an Open Burning Permit shall
not exempt any fire, including those enumerated under
Article 6 from the provisions of Article 6 Sections 6.1.3 and
6.1.4 limiting burning in adverse weather conditions.
ADMINISTRATION
8.1 Any violation of this Ordinance shall be sufficient reason to deny
any future application from the violator or from any other person
acting as an agent of the violator for an open burning permit as
issued by the Fire Marshal or Open Burning Official
8.2 The Fire Marshal, Deputy Fire Marshal, Fire Officer, Incident
Commander and or Open Burning Official having jurisdiction, after having
been made aware of an open burning fire – shall cause any fire not
specifically permitted or any fire deemed a hazard or nuisance, to be
immediately extinguished as a non-compliant fire and may summon the
Fire Service and / or State or Local Police to accomplish an
extinguishment
8.3 Any Fire Officer who orders any fire to be extinguished shall
provide sufficient details so as to assist the Fire Marshal in determining the
need for an investigation
8.4 The Fire Chief, Fire Officer, Incident Commander and or Fire
Marshal shall assume responsibility for notifying the Open Burning Official
when enforcement action is taken in those instances where an open burn
permit was in effect
7
9
AFFECT ON LOCAL REGULATIONS
9.1 These regulations do not preclude a municipality from prohibiting or
attaching any more stringent conditions to any open burning situation.
10
SEVERABILITY
12.1 The provisions of this Ordinance are Severable. If a Court determines a word,
phrase, clause, sentence, paragraph, section, subsection, or other provision
invalid or that the application of any part of the provision to any person or
circumstance is invalid, the remaining provision and the application of those
provisions to other persons or circumstances are not affected by that decision.
11 “”Open Burning Regulation” has been accepted and adopted by the Town
of Putnam Special Service District Effective Date:
________________________________
Date
___________________________________
Gerard E. Cotnoir, Chairman
_________________________________
Christopher Coderre, V. Chairman
____________________________________
James Shaw, Commissioner
_________________________________
Gerard J. Cotnoir, Commissioner
____________________________________
Raymond Lajoie, Commissioner
8