LOCAL LAW 10, 2023 – OUTDOOR BURNING

TOWN OF ORANGETOWN

NOTICE OF ADOPTION

            NOTICE IS HEREBY GIVEN that the Town Board of the Town of Orangetown, after a Public Hearing held on the 22^nd day of August, 2023, adopted Local Law No. 10, 2023.  This Local Law amends the Town Code, Chapter 15, Fire Prevention Code, Outdoor Burning, Open Burning and Burning of Refuse.

Local Law No. 10, 2023, as adopted and approved, has been filed in the Office of the Town Clerk of the Town of Orangetown, Town Hall, 26 W. Orangeburg Rd., Orangeburg, NY, where it may be examined by any interested party and is available for review online at www.orangetown.com.

By order of the Town Board of the Town of Orangetown.

Dated:  August 22, 2023

Orangetown, NY

 

Rosanna Sfraga,Town Clerk

Robert Magrino, Town Attorney

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TOWN OF ORANGETOWN

LOCAL LAW NO. 10, 2023

AMENDING CHAPTER 15 OF THE TOWN CODE, SECTION 15-10 ENTITLED “GENERAL FIRE SAFETY REQUIREMENTS” TO ADD A NEW SUB-SECTION (D)  OUTDOOR BURNING, OPEN BURNING AND BURNING OF REFUSE

Be it enacted by the Town Board of the Town of Orangetown that Local Law No. 15 of 1997, Chapter 15, Article I, Section 15-10(D) entitled “Outdoor fires”, is hereby repealed in its entirety and replaced as follows:

DELETING THE CURRENT SECTION 15-10 D entitled “Outdoor fires”.

1. Outdoor fires include all fires burning outdoors with the exception of fires used to cook food in approved and/or recognized grills or stoves.

2. All outdoor fires are prohibited with the exemption of live burn drills conducted by the Fire Department, fires for religious purposes or for other purposes as specifically approved by the Fire Inspector. Prior approval from the Rockland County Health Department and a permit issued by the Fire Inspector are required for all outdoor fires. Any other person, firm or corporation starting, maintaining or having control over an outdoor fire is in violation of this Code.

AND REPLACING IT IN TOTAL AS FOLLOWS:

Section 15-10 (D): OUTDOOR BURNING, OPEN BURNING AND BURNING OF REFUSE

1)         Definitions.  As used in this Section, the following terms shall have the meanings indicated:

1. BONFIRE: An outdoor fire utilized for ceremonial purposes.
2. BUILDING INSPECTOR: The Building Inspector of the Town of Orangetown and/or his/her designee.
3. BURNING: Open burning, outdoor burning, fire(s), recreational fire(s), and special event fire(s).
4. CLEAN WOOD: Natural, seasoned and/or dry firewood which has not been painted, varnished 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.
5. CODE ENFORCEMENT OFFICER: The Code Enforcement Officer(s) of the Town of Orangetown.
6. FIRE CHIEF: The Chief of the local Fire Department or other person authorized by the Fire Chief.
7. FIRE INSPECTOR: The Chief of the Bureau of Fire Prevention or any Fire Inspector of the Town of Orangetown.
8. GARBAGE: The animal and vegetable wastes resulting from the handling, preparation, cooking, and serving of food.
9. OPEN BURNING: The burning of materials wherein the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney from an enclosed chamber.  Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses.
10. OPEN FIRE: Any open fire or outdoor smoke-producing process from air contaminants that are emitted directly into the outdoor atmosphere.
11. OUTDOOR BURNING: Open burning or burning in a manufactured freestanding portable outdoor fireplace or manufactured fire pit.
12. OUTDOOR FIREPLACE or FIRE PIT: A portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.
13. POLICE: The Chief of the Town of Orangetown Police Department or Orangetown Police Officers.
14. RECREATIONAL OUTDOOR FIRE: A small outdoor fire, burning materials other than rubbish, where the fuel being burned is NOT contained in an incinerator, barbeque grill or barbeque pit or portable outdoor fireplace; and is on residential property; and has a total fuel area of three (3’) feet or less in diameter and two (2’) feet or less in height, for pleasure, religious, ceremonial, cooking, warmth or similar purposes; and in accordance with the requirements of §15-10 D (5) of this section.  A permitted built-in fireplace with required OBZPAE approval is a recreational outdoor fire.
15. REFUSE: all waste material, including but not limited to: garbage, rubbish, incinerator residue, street sweepings, dead animals and offal.
16. RUBBISH: Solid or liquid waste materials including, but not limited to, rags, furniture, cartons, chemicals, paint, grease, sludges, oils, any petroleum products other than legitimate home heating and cooking products, construction materials including, but not limited to, sheetrock, chip board, asphalt or fiberglass shingles, or pressure treated lumber, automobile parts, tires, metal goods including, but not limited to, refrigerators, stoves and like appliances, diapers, yard grass clippings, paper and paper products, packaging materials, Styrofoam, mattresses, cigarette filters, glass, plastic of any kind and furniture.
17. SPECIAL EVENT FIRE: A bonfire or any other open-air fire kindled to mark a public event, victory celebration or similar occurrence that does not meet the criteria of a recreational outdoor fire.

2)         Prohibited burning.  The following fires are prohibited in the Town of Orangetown.

1. The burning of garbage, refuse and rubbish in any manner is prohibited.
2. All open fire burning is prohibited in the Town of Orangetown except as set forth in Paragraph 3 herein.
3. EXCEPTIONS: Live burn drills conducted by a local Fire Department, fires for religious purposes or for other purposes specifically approved by the Town of Orangetown Fire Inspector, and those fires that require a permit as required from the Fire Inspector.

3)         Bonfires and Special Event Fires.  Bonfires and special event fires shall be permitted only for a publicly sponsored celebration or event, an organization-sponsored event, or for a public or private school sponsored event.

1. An operational permit shall be obtained from the Bureau of Fire Prevention prior to igniting the fire.
2. These fires shall be subject to the filing and approval of an Outdoor Burning permit application with the Bureau of Fire Prevention at least thirty (30) days prior to the event.
3. Permitted special event fires shall be located not less than fifty (50’) feet from any structure.
4. Materials used for fuel shall consist of wood only.
5. The allowable quantity of wood to be burned shall be determined by the Chief of the Bureau of Fire Prevention or his/her designee based upon the fire safety considerations of the situation and the desired duration of the burn.
6. The duration of the bonfire or special event fire shall be approved and authorized by the Chief of the Bureau of Fire Prevention or his/her designee.
7. A competent adult of at least eighteen (18) years of age shall be designated for the safety of the special event fire area. This person must be identified as the contact person to meet with the Fire Department for any issue pertaining to the fire. Unless otherwise authorized by the Chief of the Bureau of Fire Prevention, the pile-size for a bonfire or special event fire shall be ten (10’) feet or less in diameter and six (6’) feet or less in height.
8. The base of the fire shall not be larger than ten (10) feet in diameter. The fire must be enclosed by a barrier set at a distance sufficient enough to provide maximum safety and be constantly monitored by a person responsible for scene security.
9. An adequate fire suppression source must be immediately available sufficient to extinguish the fire it is threatens the safety of the event.
10. After completion of the event and/or celebration, the fire must be completely extinguished and a fire watch must be provided for a sufficient amount of time to ensure that the fire does not rekindle.
11. Code Enforcement officials and Orangetown Police are authorized in his/her discretion to order that a bonfire or special event fire be immediately extinguished in accordance with §15-10(D)(4) of this chapter.
12. A bonfire or special event fire that is hazardous, offensive, objectionable, or unreasonably interferes with the comfortable enjoyment of life or property, due to smoke or odor emissions, shall be prohibited.
13. No fire shall be ignited prior to an on-site inspection of the location where the fire is to take place and shall be subject to any and all conditions or restrictions the Bureau of Fire Prevention’s Office may impose for the safety of life and property; and the local Fire Department shall be notified forty-eight (48) hours prior to igniting any bonfire permitted by the Bureau of Fire Prevention.
14. The Chief of the Bureau of Fire Prevention and/or his/her designee has the authority to impose such other restriction and/or safety precaution pertaining to the bonfire or special event fire and shall be complied with at all times.

4)         Non-commercial Outdoor cooking.  Open burning will be permitted for outdoor cooking when the fire is limited to the minimal size necessary and contained in a device or cooking utensil commonly referred to as a grill, hibachi or smoker designated for outdoor cooking purposes.  Fuels for outdoor cooking will be limited to charcoal or charcoal briquettes, natural gas, LP gas or wooden chips.  All applicable and/or reasonable safety precautions shall be taken when using said devices or utensils.  Outdoor cooking shall not be permitted on balconies, covered porches or covered patios.

5)       Recreational fires.  One small recreational fire shall be permitted at the premises of a single or two-family detached dwelling only.  Natural gas or LP gas outdoor fireplaces or fire pits with ceramic logs, untreated wood and unpainted wood shall be permitted, provided that such appliance conforms to all other Town codes, and when used in accordance with the manufacturer’s directions.  All other forms of recreational fires are prohibited.

1. A recreational fire shall not be greater than TWO (2’) feet in height and THREE (3’) feet in length in width and diameter, and shall be contained in an approved device.
2. A recreational fire shall be a minimum of twenty-five (25’) feet away from a structure (including but not limited to, for example, houses, garages, wooden, plastic and/or vinyl fences, decks, and sheds) and shall not be left unattended until fully extinguished.
3. Conditions which could cause a fire to spread within twenty-five (25’) feet of a structure shall be eliminated prior to ignition.
4. Competent adult supervision must be at the site while the fire is burning. Competent adult supervision is a person over eighteen (18) years of age.
5. Appropriate fire-extinguishing equipment, sufficient to extinguish the fire, shall be present at all times and readily available.
6. Notwithstanding the foregoing, in the event that an otherwise permitted recreational fire shall cause a nuisance or harm to a neighboring residence or occupants of that residence due to specific health issues related to that home or occupants, then the individuals charged with enforcing the provisions of this section shall retain the right in their discretion to limit or prohibit said fire.

6)         Portable Outdoor Fires:  Portable outdoor fireplaces shall be permitted at single or two-family detached dwellings only and used in accordance with the manufacturer’s instructions.

1. Competent adult supervision must be at the site while the fire is burning. Competent adult supervision is a person over eighteen (18) years of age.
2. Appropriate fire extinguishing equipment, sufficient to extinguish the fire, shall be present at all times and readily available.

7)         Enforcement and Control.  The Chief of the Bureau of Fire Prevention, the Fire Inspectors, Building Inspectors, Code Enforcement Officers and the officers of the Orangetown Police Department, are hereby vested with authority to enforce the provisions of this section.  He/she/they may suspend the operation of open burning, recreational fires or portable outdoor fireplaces, and shall have the right to declare that any and all burning shall cease immediately until further notice:

1. if weather conditions are such that starting or the continuation of burning is a risk to life, health, safety or property within the Town, or
2. if smoke, ash, or smell emitting from open burning or an outdoor fireplace becomes
3. objectionable or offensive to neighboring properties, or
4. if the Official determines the open burning or recreational fire constitutes a hazardous condition.

8)         Penalties for offenses.  Penalties are set forth in Town Code Section 15-6.

9)       Severability.  If any section or specific part or provision or standard of this section or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this section or the application thereof to other person or circumstances.

WHEN EFFECTIVE: This local law shall take effect immediately upon publishing, posting and upon filing a copy with the Secretary of State as required by law.