Open Burning Ordinance

TOWN OF OLD SAYBROOK
OFFICE OF THE FIRE MARSHAL
OPEN BURNING ORDINENCE

SECTION 1. Safety

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

1.1 BRUSH - means shrubs, vegetation or pruning the diameter of which is not greater than three inches at the widest point.

1.2 CERTIFICATE - means a certificate of open burning issued by the open burning official in such form or detail and valid for such period, as the open burning official may prescribe.

1.3 GRILL BARBECUE OR OUTDOOR FIREPLACE - means any masonry or metal structure used only for cooking outdoor and not used for any disposition of material specified in the definition of open burning.

1.4 OPEN BURNING - means any fire in the open air or outside the confines of a building for the purpose of (1) the prevention control or destruction of diseases and pests and agricultural burning for vegetation management; (2) the disposal of brush by a resident on the property where he or she owns or resides with written permission of property owner; (3) the disposal of dangerous material such as toxic gases, where there is no reasonable alternative method of disposal; (4) thwarting a hazard which cannot properly be managed by any other means or is necessary for the protection of the public health; (5) fires in saltwater marshes; (6) subject to the provisions of SECTION 7. fire training exercises and (7) any open fires other than those set forth in SECTION 2.1

1.5 OPEN BURNING OFFICIAL - means any person appointed by the First Selectman designated and certified by the Commissioner of the Department of Environmental Protection as a local open burning official. The Open Burning Official may serve in a temporary capacity from the date of his or her appointment, until certification by the Commissioner of the Department of Environmental Protection.

SECTION 2. PERMIT REQUIRED; DISTANCE FROM STRUCTURES

2.1 No person shall kindle an Open Burning within the town without a certificate. This requirement does not apply to the following: a) the use of an outdoor grill, barbecue or outdoor fireplace for cooking food for human consumption and b) fires to abate an immediate fire hazard provided the abatement fire is supervised by a responsible fire official.

2.2 No person shall kindle an Open Burning unless the location of the Open Burning is no less that fifty to one-hundred (50-100) feet from any structure, woodlands and grasslands and adequate provision is made to prevent the fire from spreading within fifty to one hundred (50-100) feet of any structure or other combustible material in an uncontrolled manner, or as the Open Burning Official deems to be an appropriate distance.

SECTION 3. TIME OF BURNING

Open Burning shall be done only between the hours of 10:00 a.m. and 5:00 p.m., as specified on the Certificate, and shall only occur on sunny or partly sunny days when wind speed is no more than 5 to 15 miles per hour. The provisions of this section shall not apply to open burning permitted under section 8.10

SECTION 4. ATTENDANCE

The Certificate holder shall constantly attend an Open Burning until the fire is extinguished. This person shall have extinguishing equipment readily available for use.

SECTION 5. AUTHORITY TO PROHIBIT DURING HAZARDOUS CIRCUMSTANCES

The Open Burning Official or the Fire Marshal may prohibit any or all Open Burnings when atmospheric or local circumstances make such fires hazardous.

SECTION 6. ADDITIONAL CONDITIONS

For all Open Burning described in subsection (3) of the definition of Open Burning, only material and quantities specified on the Certificate may be burned and the Open Burning Official may add any reasonably specifically identified conditions if circumstances indicate that air pollution standards will be violated by Open Burning.

SECTION 7. FIREFIGHTER OR EMPLOYEE INSTRUCTION

Notwithstanding, the provisions of Section 2., fires for training firefighters and methods of firefighting where liquid fuels are burned shall not require a Certificate.

SECTION 8. CERTIFICATE PROCEDURES

8.1 A signed, written Certificate from the Open Burning Official is needed for Open Burning for each specific location.

8.2 The Open Burning Official will issue certificates for a period specified on the Certificate.

8.3 Daily verbal permission for an Open Burning is required by calling the Fire Department and giving the name and address of the Certificate holder and the Certificate number.

8.4 Certificates will not be issued if:

8.5 A hazardous health condition will be created.

8.6 A salvage operation by Open Burning will be conducted.

8.7 A practical alternative method of disposal for the material to be burned is available.

8.8 Such Open Burning would interfere with or prevent the attainment or maintenance of ambient air quality standards imposed by state or federal law.

8.9 Forest fire danger, as determined by the state fire warden, is high or extreme and the area where the Open Burning is conducted is within on hundred (100) feet of a woodland or grassland.

8.10 A Certificate is not needed for outdoor cooking, grills or fireplaces. Permission is needed for campfires and bonfires and may be obtained by calling the town Fire Marshal.

SECTION 9. BURNING RESTRICTIONS

The following shall not be burned:

9.1 Tires, oil waste, fuel waste or any other material that emits large quantities of smoke.

9.2 Garbage or animal or vegetable waste.

9.3 Automobiles or parts removed from vehicles.

9.4 Paper, grass, metals, plastics, leaves, rubber, painted materials or demolition water.

SECTION 10. ENFORCEMENT

This article shall be enforced by the Fire Marshal/Open Burning Official and/or police department with warning or arrest. During an air pollution alert, all burning will be prohibited.

SECTION 11. PENALTY

Any person who violates any provisions of this article shall be fined not more than one hundred ($100.00) dollars per occurrence in addition to any applicable state or federal fines or penalties.

If you are issued a permit to burn brush/garden cleanings (no leaves) on your property, the permit is valid for selected days of issue only. If you are unable to burn during that time you must re-apply for another permit.

Prior to burning, you are required to:

  • Notify the Old Saybrook Fire /Police Dispatach @ (860) 395-3142 on the day of burning  when you begin and end your burning operation
  • Have a charged garden hose available      
  • Have direct and immediate access to a telephone (cellphone) 
  • Pull back any/all combustible ground cover to prevent fire spread, and wet down the surrounding area.
  • Burn small pile(s), freed from large brush pile if necessary.
  • Burn only between 10 a.m and 5 p.m
  • Fully extinguish the fire and bank all embers at the burn conclusion – no smoldering a ashes are permitted
  • Have the burning permit available at the site during the burn
  • Check the weather- burning shall occur only on sunny or partly sunny days with wind speeds under 15 mph
  • Check DEP Fire warning status at their web site
  • Burning may not take place within 100 feet of woodlands or grasslands when the forest fire danger is rated high, very high, or extreme