Open Burning

Regulations regarding open burning can be found in the Town of South Windsor ordinance at the bottom of this page. In general, small outdoor fires that do not exceed 3 feet in diameter and do not create a nuisance are allowed without a permit. This includes cooking fires, campfires, and commercially available outdoor fireplaces such as chimineas and patio hearths. Fires shall not be left unattended, shall not be too close to any structures, and sufficient water and tools to extinguish the fire must be readily available nearby.
 
Open burning of brush, rubbish, and other debris is not allowed without a specially obtained permit from the CT DEEP.
 
 
Article IV. Open Burning
 
42-70 Purpose
The purpose of this article is to define the conditions in which open burning is permitted in the Town of South Windsor. Generally, open burning is prohibited except for the limited circumstances described in 42-74.  
42-71 Scope.
A. This article shall be applicable to the entire Town.
B. This article shall apply to all lands, public and private.
42-72 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Open Cooking Fire — Includes all types of cooking fires kindled outside not to exceed 3 feet in diameter.
DEP – Connecticut Department of Environmental Protection
Enclosed Cooking Fire — Includes charcoal, gas or wood fires in containers constructed for the obvious and express purpose of cooking.
Fire — A general term referencing all of the types of open outside fires and shall not be construed to include any type of fire normally kindled within a structure.
Fire Marshal — Includes the Fire Marshal, Deputy Fire Marshal, or Fire Inspector.
Non-Permitted — Includes any type of fire requiring approval or authorization as provided in~42-74 (E) but not having such approval or authorization; shall include any fire deemed a hazard or nuisance as provided for in 42-74(B).
Outdoor Fireplace – A commercial product which is specifically designed and listed to hold outdoor fires (i.e. chimineas, patio hearths). Fire shall not exceed 3 feet in diameter.
Open Burning — Fires as permitted by the DEP which limits open burning to fires for:
a) The control or destruction of bona fide disease and pests, agricultural burning or vegetation management on farms as permitted by the Connecticut Department of Environmental Protection;
b) Fire Department training as authorized by the Fire Marshal and or Fire Chief;
c) Clearing of vegetative debris following a natural disaster;
d) Fire breaks;
e) Habitat or ecological sustainability on municipal property or on privately owned property permanently dedicated as open space and shall include no other fires.
42-73 Administration
A. The Fire Marshal, Police Officer, and or any Fire Department Officer having jurisdiction, after having been made aware of a particular open fire and having satisfied himself as to the circumstances and applicable requirements, shall cause any fire not specifically permitted in~42-74A or any fire deemed a hazard or nuisance to be immediately extinguished as a non-permitted fire and may summon the fire service to accomplish this extinguishment.
B. Any police officer or fire officer who orders any fire to be extinguished shall cause the Fire Marshal to be notified. The notification shall provide sufficient details so as to assist the Fire Marshal in determining the need for investigation.
C. Upon receipt of a complaint concerning any open fire, the Fire Marshal, Police Officer, or Fire Department Officer shall cause an investigation to be made to determine the validity of the complaint and shall take enforcement action when deemed appropriate.
42-74 Regulations.
A. Open burning within the Town of South Windsor shall be prohibited except under the following circumstances
1.   An outdoor fireplace as defined in 42-72
2.   An open cooking fire as defined in 42-72 or a campfire properly maintained and contained.  The contained area shall not exceed 3 feet in diameter.
3.   An enclosed cooking fire as defined in 42-72 properly attended on any property shall be permitted without any prior notice or approval.
4.   Under Permit from the DEP.
B. Any fire shall be considered a non-permitted fire if it is determined to be a hazard or nuisance by a Fire Officer, Police Officer, or Fire Marshal, even if an open burning permit has been issued by the DEP.     
C. Sufficient tools and equipment necessary to extinguish any fire of any kind whatsoever must be present and readily available, and a responsible person, physically capable of using those tools and equipment, must be present and in control of any such fire.
D. DEP permitted fires shall be extinguished for:
1.   Insufficient or unsuitable equipment or insufficient manpower to control any fire, a change to unfavorable weather conditions, a determination that the fire is a hazard or a nuisance, a change in the DEP forest fire index to high, notice of an air pollution emergency, or any evidence of a type or magnitude of fire contrary to that which was specifically permitted or authorized or otherwise allowed by this article shall justify any order to extinguish such fire.
2.   In lieu of any order to any person in charge of any fire to extinguish said fire or in the event of any refusal to comply with such an order, the Fire Department is authorized to extinguish said fire and shall immediately cause the Fire Marshal to be notified.
E. Proper, authorized and legal materials shall be limited to:
1.   Agricultural burning for vegetation management and for the prevention, control or destruction of diseases and pests as permitted by DEP.
2.   Brush, the diameter of which is not greater than three inches at the widest point.
3.   Other materials, for which the Commissioner of the DEP has issued a permit, provided that the Fire Marshal also approves the burning of such materials.
F. The permittee or responsible person shall be liable for any suppression costs that may reasonably be brought forth in the name of the Town of South Windsor which were incurred as a result of any open fire.
G. No landowner shall knowingly allow, permit, authorize or encourage any type of nonpermitted fire upon his property.
H. Violation of any condition set down as a part of any permit approval by DEP shall constitute a violation of this article.
I. No fires shall contain pressure treated wood, refuse, garbage, trash, construction material, or hazardous materials.
42-75 Enforcement.
Section 42-73 and 42-74 of this article shall be enforceable by the Fire Marshal, Deputy Fire Marshal, Fire Department Fire Officers, and the South Windsor Police Services.   
42-76 Penalties for offenses.
A. Violation of this article shall be an infraction as provided for in Connecticut General Statutes §~51-164m and 51-164n, as the same may be modified from time to time.
B. A fine of $50.00 shall be assessed for each of the first two violations that constitute offenses under this section. A fine of $75.00 shall be assessed for each subsequent violation.