Vestal Fire Department Burning Permits

Sec. 12-244. Definitions:

Burning barrel: Any container of any description used for the purpose of burning garbage, rubbish or refuse items.

Combustible material: Material or a combination of materials which will burn, ignite, support combustion or liberate vapor or gas.

Controlled fires: Fires that are contained in either an outdoor grill, fireplace, barbecue pit or smoker, or a recreational fire used for the purposes of preparing food  and do not create a nuisance or hazard.

Deputy Fire Marshal: Fire official of the Vestal Volunteer Fire Department designated as “Deputy Fire Marshal” by the Town Board of the Town of Vestal.

Fire Marshal: Fire Official of the Vestal Volunteer Fire Department designated as “Fire Marshal” by the Town Board of the Town of Vestal.

Fire Marshal Designee: The Fire Marshal Designee shall be a member of the Vestal Volunteer Fire Department who is designated by the Fire Marshal, by written form signed and dated by the Vestal Fire Marshal, stating the time period that the designee is authorized to issue burning permits.

Garbage: Putrescible animal and vegetable wastes resulting from handling, preparation, cooking and consumption of food.

Nuisances: Any condition which would reasonably be expected to be offensive or objectionable to people on adjacent properties, using nearby properties or on the public right-of-way, and any condition generally within the common law definition of a “Nuisance”, public or private.  Without limiting the foregoing in any way, the term “nuisance” shall be deemed to include any condition resulting in any one (1) or more of the following: (1) The presence of smoke or obnoxious odors, which are created by a fire onto or across adjacent or nearby properties or the public right-of-way. (2) The presence of ashes or other airborne debris or other obnoxious substances created by an open fire, which are deposited onto or across adjacent or nearby properties or the public right-of-way.

Obnoxious odors or substances: Any odors or substances that are generated by an open fire that are or could be objectionable to the property owners of adjacent or nearby property or to users of the public right-of-way.

Open fire: Any fire that is not a “controlled fire” as defined in this section.

Recreational Fire: Any small controlled fire used to prepare food.

Refuse: All putrescible and nonputrescible solid or liquid wastes, including garbage, rubbish, ashes, street cleanings, dead animals, and solid or liquid market and industrial wastes.  

Rubbish: Nonputrescrible solid or liquid consisting of both combustible and noncombustible wastes such as paper, wrappings, cigarettes, cardboard, tin cans, plastic material, rubber, tires, tar paper, metals, wire, oils, paints, solvents, any hazardous wastes or materials, grass cuttings, leaves, cloth material, clothing, bedding material, glass, crockery and similar materials.
  

Fires requiring a burning permit are:  All fires for the purpose of burning brush, branches or scrap lumber shall require a “Burning Permit” issued by the Town of Vestal Fire Marshal, Deputy Fire Marshal or the Fire Marshal’s Designee.

Fires that do not require a burning permit are “controlled fires”.

Fires that are prohibited are any fires of any size in which garbage, rubbish or refuse is being burned.
  

Sec. 12-246. Permit Issuance and Conditions:

All “Burning Permits” are to be issued by the Town of Vestal Fire Marshal, the Deputy Fire Marshal or the Fire Marshal’s designee on a pre-printed form supplied by the Town of Vestal Fire Department. (1) Burning permits may be issued for a period not to exceed thirty (30) calendar days.  Any burning permit may be suspended at any time by the Fire Marshal, Deputy Fire Marshal, or the Fire Marshal’s designee during any dry condition or any other conditions which are deemed hazardous.(2) All “open fires” shall be in compliance with this local law, Section 168.22 of the Broome County Charter and Code  and with Part 215 of the Environmental Conservation Rules and Regulations of the State of New York concerning open fires and air resources.(3) All “open fires” shall be attended to at all times by a person eighteen (18) years of age or older. (4) All “open fires” shall be at least fifty (50) feet from any structure. (5) The maximum size of the fire and the material to be burned shall not exceed four (4) feet wide, four (4) feet long and four (4) feet high.  Larger fires may be permitted at the discretion of the fire Marshal, Deputy Fire Marshal or the Fire Marshal’s designee. (6) There shall be a ten (10) foot buffer area around and above the fire area which shall not contain any combustible material or dried vegetation. (7) At all times while the fire is burning, there shall be adequate extinguishing agents (buckets of water, garden hose connected to a water supply, loose sand and/or dirt, shovel, rake, fire extinguisher or other extinguishing agents) within twenty (20) feet of the fire. (8) After the burning permit has been issued, the Vestal Fire Department must be notified before each “open fire” and also must be notified when the “open fire” is completely out.
  

In addition to the grounds for suspension of a burning permit as stated in Sec. 12-246 (1) of this chapter, the Fire Marshal, Deputy Fire Marshal, the Fire Marshal Designee or an officer of the Vestal Police Dept. may suspend or revoke any burning permit at any time upon determination that any section of this ordinance or condition of the permit is being violated or if a nuisance is being created.