Open Burning Ordinance

It is the purpose of this chapter to protect the health, safety, welfare, property, and living conditions of the citizens of the Town of Orange from the fire hazards and air pollution of open burning and outdoor burning.

§ 190-1.1 Application.

This chapter shall not supersede Connecticut regulations that apply to open burning, outside wood-burning furnaces or emissions from chimneys from buildings and/or structures.

§ 190-1.2 Nonapplicability.

This chapter does not apply to grilling or cooking using charcoal wood, propane or natural gas in cooking, grilling appliances, or barbeques being used for food preparation. Further, this chapter shall not apply to the use of propane, acetylene or natural gas in a device intended for temporary heating during construction or maintenance activities. This chapter shall not apply to recreational fire appliances (as defined in § 190-2) that are designed, manufactured, installed and approved for such use.

§ 190-1.3 Permittee responsibilities.

Any Town-issued burning permit(s) in no way relieves any individual from their responsibility for any damage or injury caused by their permitted actions to another person's property or person.

§ 190-2 Definitions.

The following definitions shall apply to all parts of this chapter (Words italicized in this chapter are defined in this section.):

BONFIRE: An outside fire for the sole purpose of celebrating an event or occurrence either on private or public property.

BURNING INDEX: A weather forecast based on a scale calibrated to reflect the risk of forest fire and broadcast by the Connecticut Department of Energy and Environmental Protection (DEEP).

CEREMONIAL BURNING: The open burning of materials, such as flags for the purpose of disposing of said material that is fit and proper.

CLEAN WOOD: Natural wood which has not been painted, varnished, stained or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.

COMBUSTIBLE MATERIAL: Any substance which is inflammable, readily ignitable or free burning, such as but not limited to paper, rubbish, wood, grass and leaves.

CONSTRUCTION AND DEMOLITION WASTE: Building materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition on a house, commercial or industrial building, or other structure.

DEEP: The Connecticut Department of Energy and Environmental Protection.

FIRE MARSHAL: The Town of Orange Fire Marshal, or authorized agency designee(s).

FIRE PIT: An outside area of earth ground or a hole in earth ground that may or may not be surrounded by noncombustible materials with the intent of controlling the potential spread of a fire.

FIRE TRAINING FIRE: Methods of fire inside a structure or in the open environment for the purpose of training firefighters to enhance their skill performance.

GRILL, OUTDOOR FIREPLACE, OR APPROVED APPLIANCE: Any metal or masonry structure, or premanufactured appliance used for outdoor cooking or recreational fire.

HAZARDOUS MATERIAL: Any substance or compound that has the capability of producing adverse effects on the health and safety of humans or environment.

NUISANCE: A situation in which a recreation, bonfire, fire training, cooking or brush burning type fire creates an environment on or in property, other than the property where the fire is occurring, which is considered to be unhealthy, hazardous, reasonably annoying, uncomfortable, unsafe, creating a traffic hazard, creating a persistent odor or would cost resources to eliminate the odor from the property. This shall apply to but not be limited to smoke, soot, fumes, odors, vapors, noxious gases, products of combustion, heat and incomplete products of combustion.

OPEN BURNING: The burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through an adequate stack or flue. Definition from Connecticut General Statutes 22a-174-1(59).

OPEN BURNING OFFICIAL: Any person designated by the Town of Orange under Connecticut General Statutes to enforce Connecticut open burning regulations, this article and any applicable regulations.

OPEN OUTDOOR FIRE: Any fire in the open air, or outside the confines of a building for the purpose of burning a combustible material.

PATIO WOOD-BURNING UNIT: A chimnea, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.

PERMIT: Any paper or electronic form to document the approval of open burning that has been designated by the State of Connecticut or Town of Orange to serve as the approval. "Permit" shall also include any approval(s) to build, as issued by the Town of Orange Building Department.

RECREATIONAL FIRE: An outside fire created for the purpose of experiencing the outside natural environment, for the human consumption of beverages or food and the cooking or smoking of food for human consumption and ceremonial purposes. The fire shall be fueled by combustible materials, excluding flammable or combustible gas or liquid. Some typical words describing a recreation fire include campfire and fire pit.

RECREATIONAL FIRE APPLIANCE: A commercially or privately manufactured device in which the intent of its manufacturing was to contain or control a recreation-type fire.

RESIDENT: An individual seeking to burn on the property where he or she resides.

SPARK ARRESTOR: A cover designed to prevent the escape of sparks and embers from an open fire or a recreational fire appliance, which meets the specifications of § 190-3 of this chapter, or the appliance manufacturer's listing.

WINDY CONDITIONS: A consistent or gusting wind velocity of 15 miles per hour or more.