[HISTORY: Adopted by the Town Council of the Town of Newington Ord.
of 5-15-1930 (§§ 7-1 to 7-4 of the 1974 Code);
amended 10-22-2002 by Ord. No. 0103-3.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Citation hearings — See Ch. 13.
Except as permitted by regulations promulgated by the Connecticut Department
of Environmental Protection or by other sections of this Code, no person shall
ignite, cause to be ignited, permit to be ignited or maintain any open fires,
including but not limited to the following:
A.
The Town Manager shall designate an Open Burning Official
who is authorized to issue written permits as provided by such regulations
as outlined herein. Such Open Burning Official shall participate in the program
for training of local open burning officials as established by the Commissioner
of the Department of Environmental Protection. Such designated Open Burning
Official shall serve in a temporary capacity until certified by the Commissioner
of the Department of Environmental Protection. The designation of the Open
Burning Official may be revoked by the Town Manager.
B.
A written application for an open burning permit shall
be made on a form designated by the Open Burning Official. Said form shall
include the following information:
C.
Every such application shall be granted or denied as
soon as practicable and, when granted, will be logged and a written permit
shall be provided to the applicant indicating the date the permit issued,
the materials allowed to be burned, the location where such open burning is
to occur, the time of day that such open burning is permitted, the expiration
date of such permit, and such other information as the Burning Official deems
appropriate. A permit issued under this section shall be applicable only for
the occasion(s) or the purpose(s) for which it has been obtained. Only the
materials and quantities specified on the permit may be burned.
D.
An application shall be denied when:
(1)
Because of wind, drought, or other atmospheric or local
conditions, and/or type or condition of material to be burned, and/or proximity
to structures or combustible materials, and/or availability of means of fire
control, and/or other environmental factors, said fire would constitute a
hazard, a nuisance, or a danger to public safety, or other good and sufficient
reasons.
(2)
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.
E.
No such permits shall be issued during the first or any
other stage of an air pollution emergency episode as declared by the Commissioner
of the Connecticut Department of Environmental Protection, except as permitted
by such regulations.
F.
No permit shall be valid for more than seven days from
the date such permit was issued.
Application for the following shall be made through the Opening Burning
Official(s), who shall forward such application to the Commissioner of the
Department of Environmental Protection or his designee:
A.
Fires for the disposal of dangerous material, such as
toxic gases, where there is no reasonable alternative method.
B.
Fires to thwart a hazard which cannot be properly managed
by any other means, or fires which are necessary for the protection of public
health.
C.
Fire-training exercises where other than liquid fuels
are burned.
Upon obtaining a written permit from the Open Burning Official, open
burning shall be allowed only in accordance with the following conditions:
A.
Reasonable safety precautions must be taken, including
clearing of grass and trees in the burning area, providing a charged water
hose or fire extinguisher, and providing adequate personnel to control the
burn, and having no other combustible material within 20 feet of the allowed
burn. Until such fire is extinguished, such open burning shall be constantly
attended by competent person or persons who is/are at least 18 years of age.
B.
No brush pile larger than 10 feet by 10 feet by three
feet may be burned at any one time. Brush must originate from the property
on which the burning will occur. “Brush” is defined as shrubs,
vegetation, or prunings the diameter of which is not greater than three inches
at the widest point.
C.
Open burning must be performed in accordance with the
General Statutes of the State of Connecticut and with the appropriate permit
from the Open Burning Official.
D.
Open burning shall be permitted only during the period
of November through April, except for fire-training exercises, which may be
performed at any time of year.
E.
Agricultural burning for vegetation management shall
only be performed on those properties designated as "farmland" by the Assessor's
Office for the Town of Newington.
F.
No open burning shall be performed between sunset and
sunrise unless so authorized by the Open Burning Official.
G.
A copy of the permit shall be kept in the possession
of the applicant at the burning site at all times during the burning.
H.
No person kindling or maintaining an open burning fire
permitted by this chapter shall be relieved of any legal responsibility if
the fire escapes or causes personal injury or property damage. Neither the
Open Burning Official nor the Fire Department or any of its members nor the
Town of Newington or any of its employees, agents, public officials or others
shall be liable for damages to any person, firm or corporation resulting from
an open burning fire whether or not kindled or maintained pursuant to a permit
issued under this chapter.
Notwithstanding the other provisions of this chapter, a permit for open
burning is not required for the following:
A.
Barbeques or other outdoor fires solely for the cooking
of food for human consumption.
B.
Campfires and other fires for ceremonial or recreational
purposes, provided that only nonprocessed wood is burned and written permission
is obtained from the property owner prior to ignition, and further provided
that it meets reasonable safety precautions as determined by the Open Burning
Official.
C.
Fires used in conjunction with construction activities,
such as fires in portable heating devices; fire essential to street installation
or paving activities, repairing of utilities or similar work, provided that
it meets reasonable safety precautions as determined by the Open Burning Official.
Warming fires at stationary construction sites shall be conducted in a barrel
or similar container.
A.
Notwithstanding the provisions of this chapter, no person
shall ignite, cause to be ignited, permit to be ignited or maintain any open
fire, nor shall any person authorize others to do so on land controlled by
such person, in such a manner as to allow such fire to burn out of control
so as to require response of fire apparatus and/or fire personnel, whether
or not a permit has been required or issued.
B.
The Open Burning Official, Fire Marshal, Fire Chief or
any officer of the Fire Department, the Director of Health or his designee
or any sworn office of the Police Department may require any person who ignites
or maintains a fire herein to extinguish such fire forthwith.
A.
Any person who has been warned to remove a fire hazard pursuant to § 188-1 and does not do so within five working days shall be in violation of this chapter.
B.
Any open burning conducted without a permit and not otherwise
allowed under this chapter shall be a violation of this chapter.
C.
Failure to extinguish a fire under this chapter when
directed by the Open Burning Official, Fire Marshal, Fire Chief, an officer
of the Fire Department, the Director of Health, or his designee, or any sworn
officer of the Police Department shall be a violation of this chapter.
D.
A determination by the Fire Chief or the Fire Marshal
of the Town of Newington as to whether a fire has been allowed to burn out
of control shall be prima facie evidence of a violation of this chapter in
any action under this chapter.
E.
Any person who fails to comply with any provision of
this chapter shall be issued a citation and fined by the Open Burning Official
in an amount not to exceed $100 per incident.
A.
All fines imposed under this chapter which are uncontested
shall be made payable to the Town of Newington and shall be received by the
Open Burning Official or his agent within 10 business days from receipt of
the citation. All fines collected by the Open Burning Official or his agent
shall be directed to the Town Treasurer.
