[HISTORY: Adopted by the Town Council of
the Town of Mansfield 8-12-1996, effective 9-9-1996. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Open Burning Ordinance."
As used in this chapter, the following words
or phrases shall have the meaning ascribed to them in this section:
A scale rating of air quality provided by the United States
Environmental Protection Agency (EPA) based on the National Ambient
Air Quality Standards (NAAQS).
[Added 10-10-2017; effective 11-7-2017]
The unconfined space occupied by the atmosphere above the
geographical region of Mansfield.
Shrubs, vegetation or prunings, the diameter of which is
not greater than three (3) inches at the widest point.
Any structure which is enclosed by a roof and walls and is
used for any occupancy such as a dwelling, a place of assembly, institutional
uses or business.
The Commissioner of the State of Connecticut Department of
Energy and Environmental Protection (CT DEEP).
[Amended 10-10-2017,
effective 11-7-2017]
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.
Any burning outside the confines of a building.
The Town Manager or his or her designee(s).
Amended 10-10-2017, effective 11-7-2017]
A.
Except as specified in § 114-4A, no person shall set, cause or permit an open fire without obtaining an open burning permit from the Open Burning Official or the Commissioner or their respective designees.
B.
An application for an open burning permit for any fire described in § 114-4B shall be made on forms furnished by the Open Burning Official, and each applicant shall explain the purpose of the fire, the nature and quantity of material to be burned and any other information the Open Burning Official considers necessary.
C.
A permit issued under this section shall be applicable
only for the occasion(s) or the purpose(s) for which it has been obtained.
[Amended 10-10-2017,
effective 11-7-2017]
A.
Permits shall not be required for the following types
of fires:
(1)
Barbecues or other outdoor open fires for the cooking
of food for human consumption.
(2)
Bonfires or other fires for recreational or ceremonial
purposes, provided that the size of such fires do not exceed three
(3) feet in any dimension. If the dimensions of such fires do exceed
said constraints, verbal permission must be secured from the Open
Burning Official or his or her designee. Furthermore, all such fires
must have the permission of the property owner.
(3)
Fires for training firefighters in fire-fighting methods
and where only liquid fuels are burned.
(4)
Fires in salamanders or other similar devices used
by construction workers for heating purposes or fires essential to
street installation or paving activities, the repairing of utilities
or other similar work.
B.
Permits are required and may be issued by the Open
Burning Official or his or her designees for:
[Amended 10-10-2017,
effective 11-7-2017]
The Open Burning Official shall deny issuance of an open burning permit requested under § 114-4B when he or she 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 Commissioner has issued an advisory of an air
pollution emergency episode stage pursuant to C.G.S. § 22a-174(f).
F.
Garbage, paper, grass, metals, plastics, leaves, rubber,
painted materials or demolition waste is to be burned.
[Amended 10-10-2017,
effective 11-7-2017]
Permits approved shall be subject to such reasonable
conditions as are necessary to avoid a nuisance or to protect the
health, safety and comfort of the public, including but not limited
to the following:
A.
Only materials and quantities specified on the permit
may be burned.
B.
The Open Burning Official shall specify on any permit
the hours and days during which open burning is allowed.
C.
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.
D.
Open burning
shall not be allowed if the forest fire danger, as determined by the
State Forest Fire Warden, is high, very high or extreme, unless specific
approval to conduct open burning during high or extreme hazard days
has been granted.
E.
Open burning
shall not be allowed if the Air Quality Index, as published by the
EPA, is 75 or higher anywhere in the State of Connecticut.
F.
A copy of the permit shall be kept in the possession
of the applicant at the burning site at all times during said burning.
The applicant shall call the Fire Department on the specific day that
the open burning is to be conducted to determine the degree of fire
hazard and to notify the Fire Department that the open burning will
be conducted at the specific location. The name and phone number of
the applicant and the hours of the burning shall also be included.
G.
The Open Burning Official may revoke, in writing,
any permit or add any reasonable, specifically identified conditions
if circumstances indicate that air pollution standards will be violated.
Any person who violates any provision of this
chapter shall be subject to the following penalties and fines:
A.
Persons failing to comply with the requirements of
this chapter shall be in violation of this chapter and shall be subject
to the penalties and fines outlined herein, and further provided that
the fines for said violations shall be as follows:
B.
The Open Burning Official may, when appropriate, seek
enforcement of the provisions of this chapter by injunction and, in
such event, the violator shall pay, as damages, a reasonable attorney's
fee in prosecuting said action.
C.
In addition, any person who violates any provision
of the regulations of the Connecticut Department of Energy and Environmental
Protection may be subject to the penalties prescribed in C.G.S. § 22a-175.
[Amended 10-10-2017,
effective 11-7-2017]
