Public Protection and Safety Standing Committee of the RTM Back up added (8/14/24)

PHONE: 860-442-0553
www.waterfordct.org
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
AGENDA
PUBLIC PROTECTION & SAFETY STANDING COMMITTEE OF THE RTM
Special Meeting
Wednesday, August 14, 2024
6:30 P.M. - Waterford Town Hall
Louise Appleby Room
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Public Comment
1S Z Gib- SAY hw
19 ‘QNO4USLNM
QUOISe YO4 G3AIZOIY
5. To Consider and act upon the minutes of the February 20, 2024 meeting.
6. To consider and act upon an appointment to the Fire Services Review Special
Committee
7. Consideration of and possible action on items referred to committee:
A. Open Burn Ordinance, RTC 12/04/23
B. ATV and Dirt Bike Ordinance Consideration, RTC 10/02/23
C. Review of ordinance 2.36 and HB-5279 for legal review and
recommendation of assigned duties to the Director of Fire Services, RTC
06/03/24
8. Adjournment

BIFTEEN ROPE FERRY ROAD PHONE: 860-442-0553
www.waterfordct.org
WATERFORD, CT 06385-2886
B
a
Public Protection and Safety Meeting February 20" 2024
O NMOL
El V 8) By Ame
4.) Called Public Hearing to order at 6:32 PM
3.) Roll Call- Present-, Mullen Koh!, Gauthier, Condon,
Absent- Dembek, Monahan
Others Present: RTM Member Driscoll
4.) To consider and act upon the November 15" 2023. meeting minutes
Mation to accept by Gauthier, second by Mullen Kohl
Motion passed 3-0
5.) To consider and act upon an appoin
Special Committee
Chairperson Condon gave brief history of the Fire Service Review
Committee. Members had questions about what-was entailed in being
assigned to the committee and members by consensus agreed to
postpone assignment until next meeting so interested members may have
time to decide if they wish to participate.
6.) Consider arid possible action on items referred to committee:
A.) Open Burn Ordinance, RTC {2/04/23
Commitiee reviewed the supplied document from another Town's burn
ordinance. Committee had various questions about why the ordinance is
needed to how it was going to be enforced. The Fire Marshal was not
present at the meeting for the questions and the Chairperson stated he
would ask the Fire Marshal to attend the next meeting. No action taken.
B.) ATV and Dirt Bike Ordinance Consideration, RTC 10/02/23
Committee reviewed the request from the Police Department.
Representative Driscoll informed the committee that the state legislature is
also lookifg into this issue.. Committee asked the Chair to réach out to the
Chief of the Police Department if he was able to wait until the end of the
legislative session in Hartford to determine what action the State takes. No
action taken.
6.) Adjournment- Motion by Gauthier, Second by Mullen-Kohl, meeting
adjourned at 1925
Respectfully submitted,
Timothy Condon
tment to the Fire Service Review
Z
u

PHONE: 860-442-0553
wwwowaterfordctorg
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
AGENDA
PUBLIC PROTECTION & SAFETY STANDING COMMITTEE of the RTM
SPECIAL MEETING
Wednesday, February 20, 2024
6:30 P.M. - Waterford Town Hall
Louise Appleby Room
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. To consider and act upon the November 15, 2023 Meeting Minutes,
5. To consider and act upen an appointment to the Fire Services Review Special
Comunittee
6, Consideration and possible action on item(s) referred to committee:
Open Burn Ordinance, RTC 12/04/23
ATV and Dirt Bike Ordinance Consideration, RTC 10/02/23
7, Adjournment

RIETEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
wwyw.waterfordctorg
PUBLIC PROTECTION & SAFETY STANDING COMMITTEE OF THE RTM
PUBLIC HEARING & SPECIAL MEETING MINUTES
Wednesday, November 15, 2023
6:00 P.M. Waterford Town Hall
Meeting Called to order at 6:00 PM by Chairperson Timothy Condon
Roll Call
Present: Timothy Condon, Thomas Dembek, Susan Driscoll, Timothy Fioravanti
Absent: Steve Garvin
Others Present: Director of Waterford Fire Department Mike Howley, Fire Marshal Steve’
Dubicki
Public Comment
None
Agenda ltem 4- Public Hearing on proposed amendment fo the Waterford Code of
Ordinances, Chaptér 2.36,075 Fire Marshal Fee Schedule and Enforcement.
No members of the public were present, committee left hearing open about 10 minutes
Motion to close Public Hearing by Dernbek, second by Fioravanti
Motion passed 4-0
Public hearing adjourned at 6:11 PM
Public Protection and Safety Special Meeting November 15% 2023
Meeting Called to order at 6:00 PM by Chairperson Timothy Condon
Roll Call
Present: Timothy Condon, Thomas Dembek, Susan Driscoll, Timothy Fioravanti
Absent: Steve Garvin
pegeiven FOR RECORD [20 WL
ML ATTEST 2 GTELERK

Others Present: Director of Waterford Fire Department Mike Howiey, Fire Marshal Steve
Dubicki
Agenda Item 3 - To Consider and act upon the November 1st, 2023, Meeting
Minutes
Motion by Driscoll Second by Fioravanti to approve. Motion passed, 4-0.
4.) Consideration and Passibie action on item(s) referred to committee:
A.) Fire Marshal Permits Fee Schedule Ordinance RTC 10/03/22
Committee reviewed the draft document. Muttipie small grammatical changes made.
Discussion held an possible recommendation to the body of the Representative Town
Meeting for consideration and passage.
Motion by Dembek Second by Fioravantl to recommend proposed ordinance 2.36.075
Fire Marshal Fee Schedule and Enforcement to the Representative Town Meeting as
amended.
Motion passed 4-0
6.) Adjournment- Motion by Dembek, Second by Driscoll, meeting adjourned at 6:29 PM
Respectfully submitted
Timothy Gondon, Chair

Proposed Fire Marshal Fee Ordinances FINAL DRAFT -Clean [1/15/23
Title 2 — ADMINISTRATION AND PERSONNEL
Chapter 2.36 ~ FIRE SERVICE
2.36.075 — Fire Marshal fee schedule and enforcement.
A. Purpose. The purpose af this fee schedule is to allow the Town of Waterford Fire Marshal's
Office to collect fees in connection with the Fire Marshal's fira inspection and plan review
responsibilities and other activities within the boundaries of the Town of Waterford,
Connecticut, that are regulated by the Waterford Town Ordinances, the State Fire Safety —
Code, the State Fire Prevention Code, the Connecticut General Statutes and/or the
regulations promulgated by the Office of the State Fire Marshal or the Department of
Emergency Services and Public Protection,
8. Fee schedule for Fire Marshal duties. Pursuant to Connecticut Agencies Regulations 29-
291a-7a(g), the Fire Marshal shail adopt a fee schedule for certain prescribed duties In
accordance with the Connecticut State Fire Prevention Code. Fees may be assessed for
functions Including, but not limited to, permits, plan reviews, inspections, and special events.
Such fees may be modified as deemed necessary by the Fire Marshal. Such proposed
modifications shall be submitted to the RTM for its approval and the RTM’s consideration of
sald modificatians shall serve as notice of changes {to this fee schedule.
C. Posting of fee schedule, The Fire Marshal shalt post the current fee schedule, in public view,
al the Office of the Fire Marshal, the Office of the Building Department, and on the Town’s
website, Any Occupancy existing on the adoption date of this ordinance shall be exempt
frorn \nitial Fees but shall be subject to Renewal inspections and Fees.
D, Exemption from fee liability. All boards and agencies of the Town of Waterford, including the
use of private fire company properties used for fire protectlon services, shall be exempt from
-the payment of fees pursuant to this Chapter.
&. Enforcement of State Fire Prevention Code, When the Fire Marshal ascertains that there
exists in any bullding, or upen any premises, a condition that violates the State Fire
Prevention Code, the Fire Marshal shail enforce such State Fire Preverition Code tn
accordance with Connecticut General Statutes Section 29-291(c) and may Impose any
penalties and/or fines as set forth therein, as may be amended from time to time.
F, Activity fees—certificatlon/icense inspections. When the Office of the Fire Marshal performs
art inspection that requires official certification issued from the Office, a fee shall be charged
for such inspection prior to the issuance of a cartificate, The fees for such inspection noted
below shall apply. All other fees for Inspections, reviews, or services must be submitted with
Page | of 4

Proposed Fire Marshal Fee Ordinances
FINAL DRAFT -Clean 11/15/23
applications for such services, Government, public education and nonprofit organizations are
exempt from fees but are still subject to inspections as required.
Type of Occupancy
Assembly use, liquor license
Carnival/Falr
DCF Code Compliance
Educational Facilities (Private)
Hood & Extinguishing Systems
Nursing and Convalescent Homes
Residential Board and Cara
Day Care Facilities
Type of Occupancy
Group Day Care (Home)
Hotel/Matel
Bed & Breakfast
Dry Cleaning Facllities
Retail Flreworks/Sparkier
Elevator Certification
Hazardous Materials Transport
Blasting Permits (set by State Statute)
Propane Filling Station
Propane Tank Installation
Propane Tank Use at Events
Burming Permits
Oll Tank Removal <1000 gal
Oil Tank Removal >1000 gal
Initial Fee
$100
$100
$50
$100
$100
$250
$250
$100
{initial Fee
$100
$200
$100
$100
$200
$100
$50
$60
$75
$50
$25
$25
$100
$250
Renewal Fee
$50
NIA
$25
$50
$50
$100
$100
$50
Renewal Fee
$50
$100
$50
$50
$200
N/A
$60
NIA
$25
N/A
NIA
NIA
NIA
NIA
G, Plan review fees, Whenever any person, firm, business or other entity submits a plan in
connection with a building permit for review and/or approval from the Office of the Fire
Marshal, the fees for said review and/or approval shall be based on aggregate building
square footage as set forth below.
Page 2 of 4

Proposed Fire Marshal Fee Ordinances . FINAL DRAFT -Clean 11/13/23
Independent plan review may be required on any project.
Building plan review
{a) Up to 2,000 square feet: $100
(b) 2,001 square feet to 4,999 square feat: $175
{c) 5,000 square feet to 9,999 square feat: $350
(d) 10,000 square feet to 20,000 square feat: $650
(8) 20,001 square feet to 50,000 square feet: $850
(f) 50,001 square feet to 100,000 square feet: $1250
(g) 100,001 square feet to 250,000 square feet: $2506
(h) 250,001 square feet or greater: $6000
Fire alarm system plan review (square footage of area being protected)
(a) Up to 2,000 square feet: $100
{b) 2,001 square feet to 4,999 square feet: $120
(c) 5,000 square feet to 9,999 square feet: $200
(d} 10,000 square feet to 20,000 square feet: $350
(e) 20,001 square feet to 50,000 square feet: $750
(f} 50,001 square feet to 100,000 square feet: $950
(g) 100,004 square feet to 250,000 square feat: $2000
{h) 250,001 square feet or greater: $3000
Sprinkler system plan (square footage of area being protected)
{a) Up to 2,000 square feet: $100
(b) 2,001 square feet fo 4,999 square feat: $120
{c) 5,000 square feet to 9,999 square feet: $200
{d) 10,000 square feet to 20,000: $650
(e) 20,001 square feet to 50,000 square feet: $750
(f} 50,001 to 100,000 square feet: $950
(g) 100,001 square feet to 250,000 square feat: $1250
(h) 250,001 square feet or greater: $2800
Food service type | hood system (includes final acceptance Inspection) $75
Page 3 afd

Proposed Fire Marshal Fee Ordinances FINAL DRAFT -Clean [1/15/23
Hood, Duct, & Suppression Systems:
Kitchen suppression system (wat chemical) $100
Other special Suppression System $100
Hood & Ductwork (mechanicals) $100
H. Plan review compliance. Any plans for buildings may be required to have an independent
plan review, as determined at the sole discretion of the Office of the Fire Marshal, The
independent plan review may be conducted by a plan reviewer hired by the appllcant and
subject to the approval of the Office of the Fire Marshal. The applicant shall pay all costs
associated with the contracted plan reviewer's independent review and any fees associated
with the Waterford Fire Marshal's office. The applicant shall submit the plan reviewer's
written report prior to the Office of the Fire Marshal's review and approval of any such plan.
The Office of the Fire Marshal has the final authority to madify submitted plans.
The Office of the Fire Marshal shall have 30 days to complete the review of such
submitted drawings and shall provide in writing authorization to release a building permit
fram the Town of Waterford Bullding Official in accordance with Connecticut General
Statutes § 29-263,
When the review is completed and the plan fully complies with the Connecticut State Fire
Safely Code, a Plan Review Report shall be provided to the applicant. In addition, a
recommendation for permit shall be forwarded to the Building Official.
Fire Marshal Inspections shall be required at various phases of the construction process
and shall be specified on the Plan Review Report. Once all requlred inspections have been
conducted and passed, the Fire Marshal shall forward a recommendation for a Certificate of
Occupancy to the Building Official.
|. Billing and enforcement. No permit or required certificate shall be issued to any party until
the fee for such permit or certificate has been submitted with the appropriate application. All
fees shall be payable by check only, made out to “Town of Waterford Fire Marshal's Office.”
The Town of Waterford may take any enforcement action necessary to obtain
campfiance with this ordinance.
(Amend, of 12-04-23)
Page 4 afd

Proposed Fire Marshal Fee Ordinances FINAL DRAFT -Redlinet3—Gef 223, 11/15/23
DRAFT
Title 2 - ADMINISTRATION AND PERSONNEL
Chapter 2.36 - FIRE SERVICE
$:49:22,36.075 — Fire Marshal fee schedule and enforcement.
AIRE MARSHAL FEE SCHEDULE AND ENFORCEMENT
A-—-Purpose
A. Purpose. The purpose of this fee schedule Is to allow the Town of Waterford Fire Marshal's
Office to collect fees in connection with the Fire Marshal's fire inspection and plan review
responsibilities and other activities within the boundarles af the Town of Waterford,
Connecticut, that are regulated by the Waterford Town Ordinances, the State Fire Safety
Code, the State Fire Prevention Cade, the Connecticut General Statutes and/or the
regulations promulgated by the Office of the State Fire Marsttal! or the Department of
Emergency Services and Public SafatyProtection.
B._ee-schedule for Fire-Marshaliiuties,
B._ Fee schedule for Fire Marshal duties, Pursuant to Connecticut State-Agencies Regulations
29-291 a-7a(g), the Fire Marshal shall adopt a fee schedule for certain prescribed dutles in
accordance with the Connecticut State Fire Prevention Code. Fees may be assessed for
functions including, but not iimited to, permits, plan reviews, inspections, and spectal events,
Such fees may be modified as deemed necessary by the Fire Marshal, Such proposed
modifications shall be submitted to the RTM for its approval and the RTM’s consideration of
said modifications shall serve as notice of changes to this fee schedule, The-proposed
modifications-shalt-bo-effective thiny(36) days-after approval-by the RTM-and-arevisedfea
schedule-shall be available from the Fire Marshal's-offise and pasted on-the Fire Marshal's
website .
G.-Posting-offee-schedule.
C._ Posting of fee schedule. The Fire Marshal shall post the current fee schedule, in public view,
at the Office of the Fire Marshal, the Office of the Building departmentDepartment, and on
the Town's website. Any existing-Occupancy existing on the adoption date of this ordinance
shall be js-exempt from Initial Fees;-only-Renewal Feos-would-apply-from-the-time ofthe
Tewn-Ordinance-adeption-date but shall be subject to Renewal Inspections and Fees.
D.-Exemption-from-fee tiability,
Page 1 of 5

Proposed Fire Marshal Fee Ordinances FINAL DRAFT -Redline#3—Got-3023_1 1/15/23
D._ Exemption from fee liability. Al runicipal-projectsboards and agencies of the Town of
Waterford, Including the use of private fire eompanies-company properties used for fire
protection services, in-Tewn-are-and-shall hencefarh-be exempt from -liabilily-fer-permitthe
payment of fees pursuant to this Chapter. and-may-be-4esued-_permits-and-cerficates-of
secupancy-without charge-therefore, provided-sueh projecte-adhero-te all-appiicable-cedes
and-regulations,
Enforcement of State-Fire-Prevention-Code-
E._Enforcement of State Fire Prevention Cade. When the Fire Marshal ascertains that there
exists in any building, or upon any premises, a condition that violates the State Fire
Prevention Code, the Fira Marshal shall enforce such State Fire Prevention Code in
accordance with Connecticut General Statutes Section 29-291 (c) and may impose any
penalties and/or fines as set forth therein, as may be amended from time to time.
F,_ Aadivity fees—certifieationdicense inspections, dassections—When the Office of the Fire
Marshal performs an inspection that requires official certification issued from the Office, a fee
shall be charged for such inspection prior fo the issuance of a certificate. The fees for such
Inspection noted below shall apply. All other fees for inspections, reviews, or services must
be submitted with applications for such services. Government, public education and nonprofit
organizations are exempt from fees but are still subject to Inspections as required.
5-49,3-GERTIFICATION LLICENSE-INSPECTION FEES
Type of Occupancy Fee-lnitial Fee Renewal Fee
Assembly use, liquor license $100 $50
Carnival/Fair $100 N/A
DCF Code Compliance $50 $25
Educational Facilities (Private) $100 $50
Hood & Extinguishing Systems $100 $50
Nursing and Convalescent Homes $250 $400
Residential Board and Care $250 $100
Day Care Facilities $100 $50
Type of Occupancy Fee-Initial Fee Renewal Fee
Group Day Care (Home) $100 $50
Hotel/Motel , $200 $100
Page 2 of S

Proposed Five Marshal Fee Ordinances EINAL DRAFT ~Redline#3—Oet2033_ 11/15/23
Bed & Breakfast $100 $80
Dry Cleaning Facilities $400 $50
Retail Fireworks/Sparkler $200 $200
Elevator Certification $100 N/A
Hazardous Materials Transport $50 $50
Blasting Permits (set by State Statute) $60 NIA
Propane Filling Station $78 $25
Propane Tank Installation $50 NIA
Propane Tank Use at Events $25 N/A
Burning Permits $25 N/A
Oll Tank Removal <1000 gal $100 N/A
Oil Tank Removal >1000 gal $250 N/A
§.49.4- PLAN-REVIEW FEES
G._Plan review fees, Whenever any person, firm, business or other entity sudmits a plan in
connection with a.bullding permit for review and/or approval from the Office of the Fire
Marshal, the fees for sald review and-and/or approval shall be based on aggregate building
square footage as set farth below.
Independent plan review may be required on any project,
4—Building plan review,
fava) _-Up te 2,000 square feet: $100
{\(b-)__—2,001 square feet to 4,999 squara feet: $175
fe\(c-)___ 5,000 square feat to 9,999 square feet: $350
(a\id-)___ 10,000 square feet to 20,000 square feet: $650
{ej(e-)__ 20,001 square faet fo 50,000 square feet: $850
®(f-____50,001 square feet andup-FBBto 100,000 square feat: $1250
(a) 100,001 square feet to 250,000 square feet: $2500
{b) 250,001 square feet or greater: $6000
{a} independent plan-roview may-be-+equived-on-any-prolect;
Page 3 of 5

Proposed Fire Marshal Fee Ordinances HINAL DRAFT -Redline#3—Qet-20233 11/15/23
2.—Fire alarm system plan review (square footage of area being protected),
faa) __Up to 2,000 square feet: $100
fe\(b-)_ 2,001 square feet to 4,999 square feet: $120
{eX(c)_ _ 5,000 square feet to 9,999 square feet: $200
(d)_-10,000 square feet fo 20,000 square feet: $350
(8)_-20,001 square feet to 50,000 square feet; $750
AHH ~60,001 square feet and above-TBD—{NK—Need a-dollarvaluelio 100,000
square feet: $950
(o)_100,001 square feet to 250,000 square feet: $2000
(h)_ 250,001 square feet or greater: $3000
{g) Independent pian reviewmay-be-required-on-any- project.
3,—Sprinkler systern plan (square footage of area being protected;-in-square-feet),
fa\(a)____-Up to 2,000 square feet: $100
fb}(b)____—~-2,001 square feet to 4,999 square feet: $120
fa\(c)___~5,000 square feet fo 9,999 square feet: $200
{d\(d)___——_ 10,000 square feet to 20,000: $650.00
(2) -20,001 square feet to 80,000 square feet: $750
(f)_-50,001 and-above TBB_INKNeed-a-dollar-valuelto 100,000 square feet: $950
{g)_ 106,001 square feet to 250,000 square feet: $1250
(h) 250,001 square feet or greater: $2800
{g}independentplan-review-may-be-requived -on-any project.
4>—Food service type | hood systam (includes final acceptance inspection); $75
Hood, Duet, & Suppression Systems:
Kitchen suppression system (wet chemical) $100
Other special Suppression System $100
Hood & Ductwork (mechanicals) $400
§—H, Plan review compliance. Any plans for buildings may be required fo have an
independent plan review, as determined at the sole discretion of the Office of the Fire
Page 4 of 5

Proposed Fie Marshal Fee Ordinances FINAL DRAFT -Redline#3—Qet2003- 1115/23
Marshal, The independent plan review may be conducted by a pian reviewer hired by the
applicant and subject to the approval of the Office of the Fire Marshal. The applicant shall
pay al] costs associated with the contracted plan reviewer's independent review and any fees
associated with the Waterford Fire Marshal's office, The applicant shall submil the plan
reviewer's written report prior ta the Office of the Fira Marshal's review and approval of any
such plan, The Office of the Fire Marshal has the finaf authority to modify submitted plans.
B.—The Office of the Fire Marshal shall have 30 days to complete the raview of such
submitted drawings and shall provide in writing authorization to release a building permit
from the Town of Waterford Building Official in accordance with Connecticut General
Statutes § 29-263.
&.-When the review is completed and the plan fully complies with the Cannecticut State
Fire Safety Code, a Plan Review Report wiit-shall be provided to the applicant. in addition, a
recommendation for permit wilt-shall be forwarded to the Building Official.
Fira Marshal inspections wilt shall be required at various phases of the construction
process and will-shall be specified on the Plan Review Report, Once afl required inspections
have been conducted and passed, the Fire Marshal will-shall forward a recommendation for
a Cartificate of Occupancy to the Building Official.
Public Schools-shurches-and-government-buildings-to-be-exempttrom these feos. Thic
Ordinance-shalltake-offect Fifteen (45) days after publication in-accordance-with-Genoral
Statutes.
$:49,.5-BILLING AND ENFORCEMENT
|.__ Billing and enforcement, No permit of required certificate shall be issued fo any parly until
the fee for such permit or certificate has bean submitted with the appropriate appileation._ All
fees shall be payable by check only, made out to “Town af Waterford Fire Marshal's Ottice,"
A.-Ne permit orrequited certificate shall be-iesuedte any party-until- the fee-for such
permit-er cortficate-has-been-submitted-with the approprate-application,
B.-The Town of Waterford may take any enforcement action necessary to obtaln
compliance with this ordinance,
€.~AlLfees-shall-be-payable by cheek only-made-out-toTown-of Watarfard Fire
Marshal's Office!
{Amend, of 12-04-23)
Page 5 ofS

To the Moderator of the Representative Town Meeting, November 20" 2023
In recent discussions with the Director of Fire Services Mike Howley and the Fire
Marshal Steve Dubicki, | have been made aware that the Town of Waterford does not
have an Open Burning Ordinance as many of our surrounding communities do and as
such creates an enforcement issue. | am requesting that the Representative Town
meeting via its Public Protection and Safety standing subcommittee investigate the
possible creation of an Open Burning Ordinance to assist our Fire Service. Attached is an
ordinance from the Town of Wallingford for reference.
Respectfully,
District 1 Representative
Representative Town Meeting

Chapter 98
BURNING, OPEN
. § 93-1. Policy declaration.
§ 93-2. Prohibition.
§ 93-8. Open Burning Official; periait: procediires,
§ 98-4, Excluded open fires; required permits.
.§ 93-5. Standards for open burning permits.
§ 93-6. 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 declatation.
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 résidenta is safeguarded, the Town Council,
pursuant to the authority of Séction 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,
i. Editors Note: This ordinance also repealed former Ch, 93, Burning, Open,
adopted 4-28-1998 by Ord. No. 465,
98:1 07 ~ 01 - 2012

, § 98-2 WALLINGFORD CODE § 93-4
firm, partnership or corporation. As used herein, “open
burning” wieans-the buming 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 as 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
résponsible for the issuance of permits for those open fires
excluded from. the 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 Burning Official.
Each application shall describe the purposes of the fire, the
nature and quantity of the materiala to be burned and
such other information as the Open Burning Official may ~
require,
C. Apermit issued under this section shall be applicable only
for the occasion or the purpose for which it was obtained.
§ 98-4. Excluded open fires; required permits.
A. A permit shall not be required for the following open fires:
() Barbecues or other outdoor open fires for the cooking
of food for human consuniption.
(2) Fires to abate an immediate fire hazard, provided
iliat the abatement fire ia supervised by a
responsible fire official.
(8) Fires for training firefighters in methods of fighting,
fires as authorized by the Fire Marshal and/or Fire
Chief
93:2 07-01 - 2012

§ 93-4 - BURNING, OPEN § 03-5 7
(4) Tires in an outdoor fireplace (ie., chimineas, patio
hearths, fire rings). Outdoor fireplacds ust be
noricombustible and specifically designed to hold
outdoor fires. Fives shall tot exceed four feet in
diameter and only untreated natural 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) Tires in salamanders or other similar devices used.
by constriction ox other workers for heating
purposes, which fires are essential to street
installation ox 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. Permits are required for the following open fires and niay
only be issued by the Commissioner of the Department of
Environmental Protection or his designee:
(Q) Fires for the disposal of dangerous material such as
toxie gases where there is not a reasonable
alternative method,
(2) Fires to thwart 4 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:
93:3 07» O1 + 2012

A.
B.
, §98-5 WALLINGFORD CODE: § 93-6
A. hazardous health condition will be created by such
burning;
The fire constitutes a salvage operation by open burning;
A practical and alternative method for the disposal of the
matsrial to be burned exists, in¢ludiag but not limited to
the following techniques: chipping, cutting for forest
products, land filling, piling for protective ecover for wildlife
and stockpiling;
Such open burning would interfere with or prevent the
attainment or mairitenanée of a relévant atnbient air
quality standard;
The forest fire danger, as determined by the state forest
fire warden, is high or extreme and the area is within 106
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 arly Fire Department
officer having jurisdiction, after having been made. aware
of a particular open fire and having satisfied themselves as
to the cireumstances and applicable requirements, shall
cause any fire not specifically permitted in § 93-4, in
violation of § 93-5 or any fire deenied 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.
93:4 : 07 - 01 ~ 2012

WATERFORD POLICE DEPARTMENT
4. AVERY LANE
WATERFORD, CT 06385-2819
Marc Balestracal (860) 442-9451 TEL
Police Chief mbalestraccl@waterfordchorg
Tos Paul. Galdstein- Moderator of the RTM
Ce: David Campo-Town Clerk
Fram:. Marc Balestracci, Chief of Police
Date: Augtist 15, 2023 :
Re: All-terrain vehicle ordinance consideration
Moderator Goldstein,.
In the State of Connecticut, including New London County, police departments have been challenged’ by the illegal
operation of dirt bikes and ATVs on public roads. Oftentimes, large groups of Individuals coordinate efforts to:
litegally use public roadways with these vehicles, which create extremely dangerous and confusing situations;
As the laws in Connecticut restrict some of the abilities of police to combat these street takeovers, departments.in
southeast Connacticut have coordinated efforts recently in hopes of better preparing for and potentially seeking.
arrest warrants for those found involved. ;
During the discussions with other police departments, the City of New London ordinance referencing these
activities. was mentioned as being yet another potential coordinated effort to combat this dangerous activity,
Theréfore, | am respectfully raquesting that. the Representative Tawn Meeting have a committed review the City
of New Latiddii ordinance, which is. attached, in consideration of drafting a similar drdlnance in Waterford, |
would also request that 1 speak with the committee, If asdigned, as there may be.certain areas of the ordinance
that may be different than the-one provided by the City of New London.
Thank you for any consideration,
Marc Balestracci.
Chief of Police
Waterford Police Department
2

Sec, 20-24, All-terrain vehicles, mini bikes, mini motorcycles and dirt bikes on streets and
public property prohibited.
{a} Definitions, The following words, terms and phrases, when used In this section, shall have the meanings
ascribed to them In this section:
Ait-terrain vehicle means a salf-propelted vahicle designed ta travel over unimproved terrain and which has
been determined by the commilssicner of motor vehicles to he unsultable for operation on the public highways
and alsa defined as any three (3) or more wheeled motorized vehicle, generally characterized by large, jow-
pressure tres, a seat designed to be straddled by the operator and handlebars for steering, which {s Intended for
off-road uses by an Individual rider on various types of non-paved tarraln. Such vehicles do not include trail bikes,
golf carts, agricultural tractors, farm implements and construction machines,
Ail-terrain vehicle dealer means any person engaged In the business of manufacturing, selling, leasing or
renting all-terrain vehicles, mint bikes, as defined by this section, mini-motorcycles, as defined by this section, or
dirt bikes, as defined by this section, at retall having a regular and established placa of business within the city.
Dirt bike shall mean a two-wheeled motorized recreational vehicle designed to travel aver unimproved
terrain and not designed for travel on a highway, and also defined pursuant to Generat Statute § 14-390m(d) as
may be amended.
Minl-motorcycle shall mean a vehicle that has not more than three (3) wheels in contact with the ground, has
a manufactured seat height of less than twenty-six (26) inches measured at the lowest point on top of the seat
cushion without the ride, and is propelled by an engine having a piston displacement of less than fifty (50} c.c,
Pocket bikes, mini bikes, mini spart bikes, mint dirt bikes, chopper scooters, mator scooters, bicycles with
helper motors, and any other similar vehicle (hereinafter collectively "mint bikes} shall mean any wheeled vehicle
designed to transport one (1) or mare persons that s powered by any type of motor.
As used {n this saction, “all-terrain vehicle’, "mini bike”, “mini motorcycle” and “dirt bike” shail not Include the
following:
{1} Any registered “motorcycle“ as defined in General Statute § 14-1(46)};
(2) Any registered "motor vehicle" as defined In General Statute § 14-1(47);
{3} Any moged that meets Federal Department of Transportation guidelines for use on streets and is
approved by the State of Connecticut Department of Motor Vehicles for use on streets, provided,
however, the moped is operated pursuant to all applicable state laws, rues, and regulations and all city
ordinances;
{4} Any wheefchair or similar moblifty assisting device utliized by a persan with a physical disability or
whose ambulatory mobility has been impalred due to age or physical allmant;
(8) Any self-propelied snow plow, snow blower or lawn mower when used for the purpose far which it was
designed and operated at a speed not to exceed four (4) miles per hour:
{6) Any vehicle owned or leased by the elty; and
(7) Any electronic assistive mobility device as defined by the City Cade.
(b) Operations prohibited.
{1) it shall be unlawful for any person to operate an all-terrain vehicle, mini bike, mini motorcycle, or dirt
bike and/or for any owner of an all-terrain vehicle, mini bike, mint matoreycle, or dirt bike to knowingly
permit the operation of his/her all-terrain vehicle, mini bike, mint motorcycle, or dirt bike on any street
Cramtad: 2823-02-49 397422465 (857)
(Supp. No. 23}
Page Lof3

or sidewalk in the city or on any public property, including but not Iimitad to school property,
playgrounds and parks, within the city,
{2} itshall be unlawful for any person te ride as a passenger on an all-terrain vehicle, mint bike, mini
motorcycle, ar dirt bike and/or for any owner of an all-terrain vehicle, mint bike, min! motorcycle, or
dirt bike ta knowingly permit any person ta ride asa passenger on hly/her all-terraln vehicle, mini bike,
mini motorcycle, ar dirt bike operated in vialation of subsection (4) abave,
{3} It shail be unlawful for any person to operate an all-terrain vehicle, mini bike, mini motorcycle, or dirt
bike, ride as a passenger on an all-terrain vehicle, mint hike, mint motorcycle, or dirt bike, and/or for
any owner of an all-terrain vehicle or mini cycle to knowingly permit its operation on any private
property, within the city, without first obtaining the written permission of the property owner If the
property Is not owned by the operator, passenger, and/or owner of the all-terrain vehicle, mini bike,
mini motorcycle, or dirt bike,
(4) This section shall not be applicable to any dirt blke being operated upon any road or highway provided
that, (i) sald dirt bike fs properly and validly ragistered with the Connecticut Department of Motor
Vehicles and {Il} is being operated in compliance with all applicable motor vehicle laws of the state.
(c} Penalty.
(1) Any person who operates an alf-terrain vehicle, mini hike, mint motorcycle, or dirt bike in violation of
subsection {b)(1} and/or {b)(3) above, or is the owner of an all-terrain vehicle, mini bike, mint
motorcycle, or dirt bike who knowingly permits its operation in vialation of subsectlon (6)() and/or
{b)l3} above, shall be fined up to one thousand dollars ($1,000.00) for a first violation, shall be fined up
to ane thousand five hundred dollars ($1,500.00) for @ second violation, and shail be fined up to two
thousand dollars (32,000.00) for a third or subsequent violation.
{2) Any parson who rides as a passenger on an all-terrain vehicle, mini bike, min! motorcycle, or dirt bike In
violation of subsection {h}{1} above, or |s the owner of an all-terrain vehicle, mini bike, mini
motorcycle, or dirt bike who knowingly permits a passenger to rida on his/her all-terrain vehicle, mini
blke, mini motorcycle, of dirt bike In violation of subsection (b){2}, shail be issued a citation,
(3} Any police officer that observes any persan in violation of this section may detaty sucti person for
purposes of enforcing the provisions of this section, Any all-terraln vehicle, mint bike, mini matorcycie,
or dirt bike used in violation of thls section shall be selzed by any police officer and shall be forfeited ta
the city, subject to any bona fide Hien, lease or secutity Interest in the all-terrain vehicle, mint bike, mini
motorcycle, or dirt bike, including, but nat limited to, a lien under General Statute 5 14-66c,
(4) anyail-terrain vehicle, mint bike, mint motorcycle, or dirt bike ordered forfeited pursuant to this
section shall be elther (l} sold at public auction conducted by the city, with the praceads of such sale
being pafd to the treasurer of the city wha shall deposit such proceeds into the general fund of the
municipality, ar (ii) be destroyed by the city.
{d} Pasting by all-terrain vehicle dealer, Each all-terrain vehicle dealer offering far sale, lease or rental any all-
terrain vehicle, mini bike, mini motorcycle, or dirt bike shall post this section In a prorntnent location at said
all-terrain vehicle dealer's place of business, Any all-terrain vehicle dealer who vielates any provision of this
section shall be fined one hundred dallars ($100.00),
(2) Sate of gasoline for illegal purposes.
{1} No retail dealer of gasoline shall sell, offer for sale, or attempt to sell, any article or product
represented as gasoline for use In an all-terrain vehicle, raini bike, mini motorcycle, or dirt blke as
defined in this section, untess that vehicle is conveyed ta and from the retailer's premises bya
registered motor vehicle, as defined In General Statute § 14-2, as may be amended, and no Individual
shalt purchase or attempt to purchase gasaline for this purpose.
Created: 1622-02-26 19:22:46 [ed
{Supp, No. 23}
Page 20f3

(2) Signs with the words "FUELING OF UNAUTHORIZED VEHICLES PROHIBITED" In English and "PROHIBIDO
DESPACHAR GASOLINA A VEHICULOS NO AUTORIZANOS" in Spanish at feast ane (1) inch in height with
a contrasting margin shall be posted at all dispensing locations, The lacation of waming signs shall be
based on lacal conditions but shall be visible and legible fram al ges pumps.
(8) An individual or retail dealer of gasofine who violates any provision of subsections (1) and/ar {2} of this
section shall he fined one hundred dollars ($200.00).
(Ord. No. 06~18-18-3, § 1}
Editor's note{s)~-Ord. No, 06-48-18-3, § 1, did not specify manner of inclusion; hence, inclusion as sectlon 20-11 Is
at the discretion of the editor.
Conated! 2022-02-19 19122146 [E8T}
{Supp. No, 23}
Page 3 of 3

« svt OF CONNECT
0 ERAS
$ Ct
Substitute House Bill No. 5279
Public Act No, 24-16
AN ACT CONCERNING AUTHORITY TO DECLARE THAT A
FIREFIGHTER, POLICE OFFICER OR EMERGENCY MEDICAL
SERVICE PERSONNEL DIED IN THE LINE OF DUTY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 7-313e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) Notwithstanding any provision in the general statutes or a
municipal ordinance to the contrary, the fire chief of the municipality,
or any member serving in the capacity of fire officer-in-charge, shall,
when any fire department or company is responding to or operating at
a fire, service call [] or other emergency, within such municipality, have
the authority to: [(a)] (1) Control and direct emergency activities at such
scene; [(b)] (2) order any person to leave any building or place in the
vicinity of such fire for the purpose of protecting such person from
injury; [(c)] (3) blockade any public highway, street [,] or private right-
of-way temporarily while at such scene; [(d)] (4) at any time of the day
or night, enter any building, including a private dwelling, or upon any
premises where a fire is in progress or near the scene of any fire, or
where there is reasonable cause to believe a fire is in progress, for the
purpose of extinguishing the fire or preventing its spread; [(e)] (5)
inspect for the purposes of preventing fires and preplanning the control

Substitute House Bill No. 5279
of fire all buildings, structures or other places in their fire district, except
the interior of private dwellings, where any combustible material,
including, but not limited to, waste paper, rags, shavings, waste, leather,
rubber, crates, boxes, barrels or rubbish, that is or may become
dangerous as a fire menace to such buildings, structures or other places
has been allowed to accumulate or where such chief or [his] such chief's
designated representative has reason to believe that such material has
accumulated or is liable to be accumulated; [() (6) order disengagement
or discouplement of any convoy, caravan or train of vehicles, craft or
railway cars for the purpose of extinguishing a fire or preventing its
spread; and [(g)] (7) take command of any industrial fire brigade or fire
chief when such fire company or department has been called to such
industry.
(b) If the death of a uniformed paid or volunteer firefighter is caused
by a cardiac event, stroke or pulmonary embolism that occurred not
later than twenty-four hours after such firefighter concluded a shift or
training, the chief of such firefighter's fire department shall have the
authority to determine whether such firefighter died in the line of duty,
unless a local charter or ordinance in effect on October 1, 2024, provides
the authority to a different individual or entity to make such
determination. Such declaration by a chief shall not be used as evidence
for a workers' compensation claim under chapter 568.
Sec. 2. (NEW) (Effective October 1, 2024) (a) For purposes of this
section, (1) “police chief" means the chief law enforcement officer of a
law enforcement unit, the chief elected official of a municipal police
department without a chief law enforcement officer or, in the case of the
Division of State Police, the Commissioner of Emergency Services and
Public Protection, and (2) "law enforcement unit" and "police officer"
have the same meanings as provided in section 7-294a of the general
statutes.
(b) If the death of a police officer is caused by a cardiac event, stroke
Public Act No. 24-16 2 of 3

Substitute House Bill No. 5279
or pulmonary embolism that occurred not later than twenty-four hours
after such officer concluded a shift or training, the police chief of such
officer's law enforcement unit shall have the authority to determine
whether such officer died in the line of duty, unless a local charter or
ordinance in effect on October 1, 2024, provides the authority to a
different individual or entity to make such determination. Such
declaration by a police chief shall not be used as evidence for a workers!
compensation claim under chapter 568 of the general statutes.
Sec. 3. (NEW) (Effective October 1, 2024) If the death of any emergency
medical service personnel, as defined in section 19a-175 of the general
statutes, is caused by a cardiac event, stroke or pulmonary embolism
that occurred not later than twenty-four hours after such personnel
concluded a shift or training, the service chief, or other administrative
head, of such personnel's department, service, company or emergency
medical service organization, as defined in section 19a-175 of the general
statutes, shall have the authority to determine whether such personnel
died in the line of duty, unless a local charter or ordinance in effect on
October 1, 2024, provides the authority to a different individual or entity
to make such determination. Such declaration by a chief or
administrative head shall not be used as evidence for a workers’
compensation claim under chapter 568 of the general statutes,
Approved May 14, 2024
Public Act No. 24-16 3 of 3

Chapter 2.36 - FIRE SERVICE"!
Footnotes:
a (4)
Editor's nate An amendment adopted Oct. 7, 2019, repealed Ch. 2.36 in its entirety and enacted new provisions to read as herein set out.
Former Ch. 2.36, §§ 2.36.010—2.36.080 pertained to simitar subject matter, and derived from an amendment adopted June 6, 2011(4}.
2.36.010 - Repeal of former provisions.
The former Chapter 2.36 is repealed and the following is substituted in lieu thereof.
{Amend. of 10-7-19(2))
2.36.015 - Purpose.
The purpose of this chapter is to implement the intention of Waterford's voters acting through the November 2, 2010
Charter Revision vote, to eliminate the fire commission and replace it with a director of fire services administering the
Waterford Fire Department for the Town of Waterford.
(Amend. of 10-7-19(2))
2.36.020 - Waterford Fire Department.
The "Waterford Fire Department" is the town-wide department that provides fire-fighting, rescue and emergency medical
services throughout the town.
(Amend. of 10-7-19(2))
2.36.030 - Structure; authority.
The Waterford Fire Department shall be staffed through volunteers and/or paid individuals, who shall operate out of town
factlities and/or publicly or privately owned entities with which the town has contracted. Such privately owned entities may
include, but are not limited to Waterford Fire Engine Co. No. 1, Inc., Quaker Hill Fire Company, Incorporated, Goshen Fire
Department, incorporated, Oswegatchie Fire Company, Cohanzie Fire Company No. 5 and Waterford Ambulance Association.
A. The board of selectmen shall appoint a director of fire services.
B. The director of fire services is responsible to the first selectman and is charged with managing the Waterford Fire
Department and directing the coordination of all fire, rescue, emergency medical services and on-scene fire ground
operations. The director of fire services may divide the town into multiple geographical districts for purposes of
providing coverage, and may redistrict from time to time.
(Amend. of 10-7-19(2))
2.36.040 - Waterford Fire Department Personnel.
Any individual, volunteer or paid, wishing to serve in the Waterford Fire Department, must meet and maintain the
qualifications for said volunteer or paid position as set forth by the director of fire services and director of human resources.
Such volunteer or paid individuals are personnel of the Waterford Fire Department.
All personnel are responsible for operating in conformance with unified policies, rules and procedures established by the
director of fire services. The director of fire services and/or his/her designee are responsible for ensuring that such policies,
rules and procedures are followed.
(Amend. of 10-7-19(2))
2.36.050 - Powers and duties of the director af fire services.
A, The director of fire services shall establish standard policies, rules and procedures for providing fire-fighting, rescue
and other emergency and safety services throughout the town as fram time to time shall be deemed appropriate.
Such policies, rules and procedures shail be consistent with policies and direction from the first selectman and shall
consider, and comply with as necessary, applicable state and federal law; applicable National Fire Protection
Page 1 of 10

Association (NFPA) standards and/or other health and safety standards; and applicable provisions of the Town
Charter, personnel policies and collective bargaining agreements.
B. The director of fire services shall coordinate the training program of the Waterford Fire Department; take
appropriate steps to improve efficiency, recruitment and community awareness; develop specifications for needed
equipment and determine purchase requirements; evaluate risk management issues; develop annual budget
recommendations; and develop strategic and tactical plans for future equipment and facilities.
C. The director of fire services shall plan new programs and take necessary steps to have such programs implemented
and represent the Waterford Fire Department before the board of selectmen, board of finance, representative
town meeting, other town agencies, other state and local agencies and the general public. The director of fire
services shall analyze the needs of the Waterford Fire Department and coordinate programs to meet those needs.
D. The director of fire services shall make recommendations to the first selectman regarding the direction, discipline,
suspension and relief from active duty of any paid individual or volunteer in the Waterford Fire Department, subject
to the provisions of town ordinances, personnel policies and applicable collective bargaining contracts.
E. The director of fire services shall maintain, or cause to be maintained, a current roster of all Waterford Fire
Department personnel and their qualifications.
(Amend. of 10-7-19(2)}}
2.36.060 - Funding of the Waterford Fire Department.
A. Operation and funding of the Waterford Fire Department includes, but is not limited to, equipment and apparatus
and shall be consistent with all policies, rules, and procedures set forth by the director of fire services.