ARTICLE III: OPEN BURNING
Sec. 4-41. Purpose and definitions
(a) Purpose. It is the purpose of this article to prescribe regulations consistent with the state and nationally recognized standards for the safeguarding of life, health and property from the hazards of fire and explosion arising from the kindling of outdoor fires.
(b) Definitions. The following definitions shall apply to all parts of this article:
Combustible material. Any substance which is inflammable, readily ignitable or free burning, such as, but not limited to, paper, rubbish, wood, grass and leaves.
Grill or outdoor fireplace. Any metal or masonry structure used for the sole purpose of cooking outdoors.
Outdoor fire. Any fire in the open air, or outside the confines of a building, for the purpose of disposing of any combustible material.
(Ord. No. 713, § 1, 5-8-97; Ord. No. 817, § 1, 4-12-07)
Sec. 4-42. Powers and duties of the fire marshal
The fire marshal shall be certified as an open burning official as same is defined by Connecticut Administrative Regulation section 19-508-17, as may be amended from time to time, and shall be authorized to enforce the provisions of this article. To assist such enforcement, the fire marshal is authorized to enter private property for the purpose of detecting and extinguishing fires created without compliance with this article.
(Ord. No. 713, § 2, 5-8-97; Ord. No. 817, § 2, 4-12-07; Ord. No. 856, § 2, 10-14-10)
Sec. 4-43. Permits
(a) Application for permit. All applications for permits required by this article shall be made to the fire marshal in such form and in such detail as he shall prescribe. The fire marshal may require, where he deems it necessary, proof of compliance with the city zoning or building ordinances and may revoke a permit in case there has been a false statement or misrepresentation as to material fact in such application.
(b) Issuance of permits. The fire marshal shall issue all permits required by this article when satisfied that the activity or condition for which the permit is sought poses no threat to life, health or property and is in conformance with the State of Connecticut Administrative Regulations section 19-508-17, relative to the control of open burning, as same may be amended from time to time.
(Ord. No. 713, § 3, 5-8-97; Ord. No. 817, § 3, 4-12-07)
Sec. 4-44. – Prohibited acts
The following acts are prohibited:
(1) Kindling or allowing to be kindled an outdoor fire for the purpose of disposing of garbage; brush, branches or other vegetation.
(2) Leaving unattended an outdoor fire.
(3) Storage of combustible material outside a building in such a manner or condition as to pose a threat to life, health or property.
(4) Kindling an outdoor fire within any public right-of-way, highway, street or sidewalk.
(5) When outdoor fire/burning causes embers to become airborne, causing smoke conditions which pose a threat to life, health and safety as determined by the fire marshal or other law or regulation.
(Ord. No. 713, § 4, 5-8-97; Ord. No. 817, § 4, 4-12-07; Ord. No. 856, § 4, 10-14-10)
Sec. 4-45. – Permit required
The kindling or allowing to be kindled of an outdoor fire is permitted under this article provided that a written permit is first obtained from the fire marshal of the City of Shelton.
(Ord. No. 713, § 5, 5-8-97; Ord. No. 817, § 5, 4-12-07)
Sec. 4-46. – Penalties
Any person or persons who violated any provision of this article as enacted, or who shall fail to comply with any notice or order of the fire marshal shall be subject to arrest and prosecution by the proper authorities and may be fined two hundred fifty dollars ($250.00) for each violation. A violation of each provision of this article shall constitute a separate offense.
(Ord. No. 713, § 6, 5-8-97; Ord. No. 817, § 6, 4-12-07)
Sec. 4-47. – Interpretation; severability; etc.
(a) Grill or outdoor fireplace excluded. Nothing in this article shall be interpreted to prohibit the construction and use of any grill or outdoor fireplace, provided same is not in violation of section 4-44(5), above.
(b) Conflict. In any case when a provision of this article is found to conflict with a provision of any zoning, building, fire, safety or other statute, regulation, code or ordinance of the state or city, the provision which established the higher standard shall prevail.
(c) Liability. This article shall not be construed to render the city or any of its officers liable for any damage to person or property by reason of the inspection or re-inspection authorized herein or the failure to inspect or re-inspect or by reason of the issuance of any permit as herein provided.
(d) Severability. If any provision of this article or any section, sentence, clause, phrase or work or the application thereof in any circumstance is held invalid, the validity of the remainder of the article and the application of any such provision, section, sentence, clause, phrase or word in any other circumstances shall not be affected thereby.
(e) Inclusive terms. Whenever used in this article the term “person” includes persons, firms, businesses and the term “fire marshal” includes the fire marshal and other duly authorized agents.