Legal Notice
Town of Putnam
The following ORDINANCE was approved at the Special Town Meeting held April 7, 2025, and shall become effective twenty-one (21) days after date of publication, May 8, 2025.
Christine Bright, Town Clerk
Title: Town of Putnam Open Burning
Ordinance
Purpose
It is the purpose of this article is to protect and preserve the health, safety, welfare, property, and living conditions of the citizens of the Town of Putnam from the fire hazards and air pollution associated with open burning and outdoor burning.
Application
This chapter shall not supersede Connecticut regulations that apply to open burning, outside wood-burning furnaces or emissions via chimneys from buildings and/or structures.
Non-Applicability
This chapter does not apply to grilling or cooking using charcoal, wood pellets, propane or natural gas in cooking, grilling appliances, smokers, 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 that are designed, manufactured, installed and approved for such use.
Definitions:
AUTHORITY HAVING JURISDICTION (AHJ)
For the purposes of this ordinance the AHJ shall be the Fire Marshal, Deputy Fire Marshal, or Burn Official certified by the State of Connecticut under CGS 22a-174(f).
BONFIRE
An outside fire larger than a campfire for the sole purpose of celebrating an event or occurrence either on private or public property.
BRUSH
Shrubs, vegetation, and prunings, the diameter of which is not greater than three (3) inches at its widest point.
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).
BURN 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 Putnam to serve as the record of approval.
CAMP FIRE
Fires for recreational use which are no larger than three (3) feet in diameter with flames under three (3) feet in height.
CEREMONIAL BURNING
The open burning of materials, such as flags, for the purpose of disposing of said material that is fit and proper; fires for religious, civic, charity, or spiritual ceremony.
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.
ENFORCEMENT OFFICIAL
The Putnam Fire Marshal, Deputy Fire Marshal, or Town employee certified by the State of Connecticut DEEP as an Open Burning Official (AHJ).
FIRE MARSHAL
The Town of Putnam 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 proficiency of fire control, extinguishment, and 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.
PROHIBITED MATERIALS
The types of materials that cannot be burned include but are not limited to the following: branches greater than three (3) inches in diameter, organic matter other than brush and leaves; brush that has been brought onto the site from other properties; tree trunks, root balls/stumps; construction and demolition waste; hazardous waste, tires, oil waste, fuel waste; household waste, animal, or vegetable waste; furniture, painted materials, treated wood; and pallets.
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(85).
OPEN BURNING OFFICIAL
Any person designated and certified by the Commissioner of the Connecticut Department of Energy and Environmental Protection (DEEP), section 22a-174(f) of the Connecticut General Statutes (CGS), and appointed by the Chief Executive Officer of the Town of Putnam to such office.
OPEN OUTDOOR FIRE
Any fire in the open air, or outside the confines of a building for the purpose of burning a combustible material.
PERMITTEE
Any person to whom an open burning permit has been issued, any person authorized by the Fire Marshal, Deputy Fire Marshal or Local Open Burning Official to kindle a fire, and any agent thereof.
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.
SPECIAL SERVICES DISTRICT
The section of the Town of Putnam, which is formerly known as the City of Putnam, governed by the Special Services District Authority. The Special Services District has a specific related Ordinance for Open Burning, see Chapter 350-17. In the case of conflict between sections, the more stringent and restrictive terms will govern.
WINDY CONDITIONS
A consistent or gusting wind velocity of 15 miles per hour or more.
Authority
The Fire Marshal and at least one (1) Deputy Fire Marshal shall act as the Burning Officials for the Town of Putnam as nominated by the Chief Elected Official and certified by the commissioner of the State of Connecticut’s Department of Energy and Environmental Protection per CGS 22a-174(f).
Permit Required
A. No person shall set, cause, or permit an open fire without obtaining an open burning permit from the Fire Marshal, Deputy Fire Marshal, or Burn Official.
Open burning permits shall be required, and a permit shall be issued for the following fires:
(1) Fires by any resident to dispose of brush on the property where they reside.
(2) Fires for the purpose of eradication or control of insect infestation or disease.
(3) Fires for agricultural purposes to optimize a potential harvest by burning invasive plant species or removal of undesirable growing stock; clearing of brush, hedge grows, and unwanted plant material; reclaiming previously active farmland to enhance existing or establish new farming operations; controlling invasive plants and plant seed; and controlling insects and diseases.
(4) Fires for the purpose of clearing vegetative debris following a natural disaster.
(5) Fires considered to be ceremonial for the purposes of flag burning; fires used for religious, civic, charity, or spiritual purpose; recreational fires which are larger than the defined campfire (Bon fire).
(6) Fires for the purposes of firefighter training. Live fire training may include the intentional burning of structures, vehicles, dumpsters, and suppression of combustible/flammable liquids. All fires intentionally set for the purpose of fire training shall be conducted pursuant to the most current edition of the National Fire Protection 1403 Standard on Live Fire Training Exercises.
(7) Fires for the purposes of flammable/combustible gas or liquid removal, otherwise known as tank flaring. All tank flaring operations shall be witnessed by the Fire Marshal or Deputy Fire Marshal, and shall be conducted with a certified firefighting crew to include one fire department pumper, minimum 2 certified firefighters, and adequate water supply as determined by the Fire Marshal or Deputy Fire Marshal. All flaring operations shall be conducted by a licensed and insured contractor and shall be conducted pursuant to the most current applicable NFPA Standards.
(8) Any other fire not otherwise specified as determined by the Fire Marshal, Deputy Fire Marshal, or Burn Official.
Permit Conditions
Permits shall be subject to reasonable conditions necessary to protect the health, welfare, and safety of the residents of the Town of Putnam. The following conditions may lead to terminating open burning activities, permit revocation, permit suspension of up to six (6) months, or fines and penalties under CGS Section 23-48.
(1)
Permits shall not be issued for the intended burning of prohibited materials. Only those materials specified on the permit shall be burned.
(2)
The quantity of materials to be burned shall be approved by the Fire Marshal, Deputy Fire Marshal, or Burn Official prior to permit approval.
(3)
Residents must obtain approval from the Fire Marshal, Deputy Fire Marshal, or Burn Official to open burn on the day of and prior to the commencement of open burn activities.
a) The AHJ shall confirm conditions are favorable for open burning by confirming the Daily Fire Danger as posted by DEEP and the daily Air Quality Index as posted by the CT Environmental Protection Agency.
b) Notifications shall be made by the AHJ to the local Fire Chief and the appropriate dispatch center of the Tax District where the open burning is to occur to prevent unnecessary fire department response.
(4)
Open Burning shall be conducted between the hours of 10:00 a.m. and 5:00 p.m. and the burn pile must be completely extinguished by 5:00 p.m.
(5)
Burning shall only be permitted on sunny or partly sunny days when the wind speed is less than 15 miles per hour, except for Fire Department training exercises. Open burning shall not occur when there is active precipitation or precipitation forecasted to occur during eligible burning times.
(6)
Only the property owner can apply for an open burning permit. A copy of the permit shall be always kept in the possession of the applicant at the burning site during the burning. The property owner may use an agent to conduct the burning.
(7)
Burning shall cease if directed to by the Fire Marshal, Fire Chief, or Open Burning Official, or their designated agents, or any state or local police officer if is reasonably considered to be a nuisance, safety hazard, burning involves prohibited materials, or any burning which does not comply with this ordinance.
(8)
Burn permits may be issued for a maximum of thirty (30) days to give property owners ample opportunity to burn on a compatible day.
Not Permitted
(1)
Due to the congested nature of the Special Services District, residential open burning is prohibited, and permits shall not be issued except under the following conditions:
a) A minimum property size of one (1) acre, and
b) Fires to be kindled shall have a minimum distance of one hundred (100) feet from any wood line, structure, or neighboring property line.
(2)
No permits for open burning shall be issued for commercial properties.
(3)
No permits shall be issued for the purpose of lot clearing for building sites.
Permittee Responsibilities
(1)
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.
(2)
The permittee is responsible for sufficient equipment, tools, and water required to extinguish any fire kindled by the permittee; and a responsible person, physically capable of using said equipment, tool, and water shall be present and able to control such kindled fire.
Enforcement
(1)
The Fire Marshal is charged with the enforcement of this chapter and may request assistance from the local or state police, Connecticut DEEP, or the local fire department.
(2)
The Fire Marshal shall provide the property owner responsible for the open burning with a written warning notice for violation when the open burning is in violation of this chapter.
(3)
A maximum of one (1) written warning shall be allowed to the property owner for the violation of this chapter. The Fire Marshal may revoke issued permits for violations and suspend open burning for the violating property owner for up to six (6) months as stated in the written warning.
(4)
After the first written warning, in a calendar year, the property owner shall be fined one hundred dollars ($100) and each offense after, in the same calendar year, two hundred dollars ($200).
(5)
When the Fire Marshal determines the fire to be a risk to public safety, causes damage to property, or injures one or more persons, the charge of reckless burning (CGS 53a-114) may be applied to the person(s) responsible by the local or state police for kindling such fire.
(6)
Open brush burning is not allowed without a permit. Brush burning without a permit is illegal and the individual(s) responsible for the burning may be subject to the fines set forth in this chapter arrest by the local or state police or any other applicable law enforcement agency.
Exceptions
(1)
Campfires as defined in this ordinance shall be exempt from the issuance of permits.
a) A recreational-type fire or use of a recreational fire appliance shall be supervised and monitored by a person of at least 16 years of age and who is able to make responsible decisions to adequately control it.
Declaration of Burning Ban
(1)
No person shall kindle or use fire in the open air when it has been determined by the Fire Marshal that any fire is deemed hazardous due to drought conditions, or when the fire danger (as determined by the State Fire Warden) is declared as high or extreme. When weather conditions and forecasts indicate that such fire danger conditions exist the Fire Marshal shall make public announcement, using news media available, that the provisions of this section shall be in effect until cancelled by the Fire Marshal when he/she determines the fire danger to be within the safe and acceptable limits.
(2)
Any person who violates any of the provisions of this section shall be fined two hundred dollars ($200) for each violation. Failure to pay the imposed fine(s) within thirty (30) days of receipt shall result in a lien on the property where the violation occurred. The owner of the property where the violation occurred shall be responsible for the payment of all fines.
(3)
Nothing contained in this section shall limit any duly authorized public authority from carrying out their assigned duties where the use of fire is necessary to the reduction of a health or fire hazard.
April 17, 2025
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