Representative Town Meeting Annual Meeting (linked)

To the Moderator of the Representative Town Meeting,
November 20" 2023
imothy Condon
District 1 Representative
Representative Town Meeting
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Chapter 98
BURNING, OPEN
. § 93-1. Policy declaration.
§ 93-2. Prohibition.
§ 93-8. Open Burning Official; permit: procedures.
§ 93-4, Excluded open fires; required permits.
.§ 93-5. Standards for open burning permits.
§ 98-6. Violations and penalties.
[HISTORY: Adopted by the Town Council of the Town of
Wallingford 9-13-2011 by Ord. No. 570.1 Amendments
noted where applicable.]
§ 98-1. Policy declaration.
The Town Council is increasingly concerned about safety and
environmental impacts associated with the open burning of
brush and other materials. To seek to ensure that the health
and safety of its residents is safeguarded, the Town Council,
pursuant to the authority of Section 7-148 and Section 22a-174
of the Connecticut General Statutes, hereby enacts legislation
prohibiting all open burning except as noted.
§ 93-2. Prohibition.
Except as hereinafter provided, no person shall set, cause or
permit an opén fire within the limits of the Town of
‘Wallingford. As used herein, "person" means an individual,
1. Editor's Note: This ordinance also repealed former Ch. 93, Burning, Open,
adopted 4-28-1998 by Ord. No. 455.
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, §:93-2 WALLINGFORD CODE § 93-4
firm, partnership or corporation. As used herein, “open
burning" means the burning of any matter in such manner that
the products of combustion from the burning are emitted
directly into the ambient air without passing through an
adequate stack or flue. Open burning thus includes burning
done in simple outdoor structures such ag barrels and drums as
well as on the ground surface. .
§ 93-3. Open Burning Official; permit procedures.
A. The Mayor shall appoint one or more Open Burning
Officiale of the Town of Wallingford who shall be solely
responsible for the issuance of permits for those open fires
excluded from thé prohibition of § 93-2 of this chapter that
require a permit.
B. A permit application for any excluded open fire shall be
made on forms furnished by the Open Burnmg Official.
Each application shall describe the purposes of the fire, the
nature and quantity of the materials to be burned and
such other information as the Open Burning Official may
require.
C. A permit issued under this section shall be applicable only
for the occasion or the purpose for which it was obtained.
§ 93-4. Excluded open fires; required permits.
A. A permit shall not be required for the following open fires:
(1) Barbecues or other outdoor open fires for the cooking
of food for human consumption.
(2) Fires to abate an immediate fire hazard, provided
that the abatement fire is supervised by a
responsible fire official.
(3) Fires for training firefighters in methods of fighting
fires as authorized by the Fire Marshal and/or Fire
Chief.
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§ 93-4 - BURNING, OPEN § 93-5
(4) Fires in an outdoor fireplace (i.e., chimineas, patio
hearths, fire rings), Outdoor fireplacés must be
noncombustible and specifically designed to hold
outdoor fires. Fires shall not exceed four feet in
diameter and only untreated natiral wood is
permitted to be. burned. Fires must be a minimum of
10 feet from any structure. Drums of any kind: shall
not be permitted.
(6) Fires in salamanders or other similar devices used
by construction or other workers for héating
purposes, which fires are essential to street
installation or paving activities, the repairing of
utilities, or other similar work.
B. Permits shall be required for the following open fires: .
(1) Fires for the prevention, control, or destruction of
diseases and pests, and agricultural burning for
vegetation. management; and
(2) Campfires, bonfires and other fires for ceremonial or
recreational purposes that do not meet the standards
as defined in Subsection A(4) above.
C. Perniits are required for the following open fires and may
only be issued by the Commissioner of the Department of
Environmental Protection or his designee:
(1) Fires for the disposal of dangerous material such as
toxic gases where there is not a reasonable
alternative method.
(2) Fires to thwart a hazard which cannot properly be
managed by any other means or is necessary for the
protection of public health.
§ 93-5. Standards for open burning permits.
The Open Burning Official shall not issue a permit when it is
determined that:
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, §98-5 WALLINGFORD CODE § 93-6
A. A hazardous health condition will be created by such
B.
Cc.
burning;
The fire constitutes a salvage operation by open. burning;
A practical and alternative method for the disposal of the
material to be burned exists, in¢luding but not limited to
the following techniques: chipping, cutting for forest
products, land filling, piling for protective cover for wildlife
and stockpiling;
Such open burning would interfere with or prevent the
attaiiment or maintenance of a relevant ambient air
quality standard;
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;
An advisory of an air pollution emergency episode state is
in effect; or
Garbage, paper, grass, metals, plastics, leaves, rubber,
painted materials or demolition waste is to be burned.
§ 93-6. Violations and penalties.
A.
The Fire Marshal, police officer, and any Fire Department
officer having jurisdiction, after having been made aware
of a particular open fire and having satisfied themselves as
to the circumstances and applicable requirements, shall
cause any fire not specifically permitted in § 93-4, in
violation of § 98-5 or any fire deémed a hazard or nuisance
to be immediately extinguished and may summon the fire
service to accomplish this extinguishment.
Any person who violates this chapter shall be fined $100.
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