For purposes of this article, the definitions of the following terms
shall be as follows:
Particulate and gaseous contaminants created by the burning of any
kind of material.
The Commissioner of Health of the State of New York.
Waste resulting from distribution, preparation and serving of foods.
Any fire- or smoke-producing process wherein the combustion products
are entitled into the atmosphere without passing through a stack.
Garbage, rubbish and trade wastes.
Solid or liquid waste material, including, but not limited to, paper,
rags, ashes, tree branches, yard trimmings, furniture, tin cans, glass, crockery,
demolition materials, discarded automobiles, tires, automotive parts, paints
and oils.
Any conduit, chimney, duct, vent or flue arranged to conduct gaseous
or gas-borne products to the open air.
Combustible solid or liquid material resulting from construction
or any business, trade or industry operations, including, but not limited
to, the following materials: plastics, cartons, chemicals, paints, greases,
oils, other petroleum products, sawdust, dead animals and dead fowl.
No person shall burn any refuse in any open fire except in conformity
with the provisions of the following section.
When not prohibited by other local ordinances or other officials having
jurisdiction, such as the State Commissioner of Conservation or local fire
wardens or other fire prevention officials, the following types of open burning
are permissible:
A.
Outdoor grills and fireplaces for the purpose of preparing
food.
B.
Campfires and fires used solely for recreation purposes
where such fires are properly controlled by a responsible party and no nuisance
is created.
C.
Backyard burning of rubbish principally composed of paper.
This provision applies only to the open burning of domestic rubbish on the
premises by the occupants of a building or structure used primarily for dwelling
purposes and containing four or fewer dwelling units and when no nuisance
is created.
D.
Burning of rubbish, principally tree trimmings, derived
from on-premises agriculture operations, and the burning of tree cuttings
and slash in forest areas where the cuttings accrue from pulping, lumbering
and similar operations, when the prevailing winds at the time of the burnings
are away from populated areas and no nuisance is created.
E.
Open burning of trees and brush in or adjacent to the
highway rights-of-way, when approved by the Commissioner and the State Commissioner
of Public Works, and provided that prevailing winds are away from populated
areas and that dirt is removed from stumps before burning, and that tires,
fuel oil or similar materials which can cause air pollution are not used to
start fires or to keep fires burning.
F.
Open burning, in remote areas, of highly explosive or
other dangerous materials for which there is no other known method of disposal
or for special purposes or under unusual circumstances when approved by the
Commissioner after having requested permission on appropriate forms, and when
no nuisance is created.
G.
Burning of solid or liquid fuels or structures when conducted
under the direct control and supervision of qualified instructors at a fireman's
training center and when done for the instruction and training of firemen.
H.
Properly operated industrial flares for combustion of
flammable gases.
