Open Burning Ordinances

Sec. 7-16. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 

Bonfire. An outdoor fire not enclosed with a screen built in the open air, for warmth, entertainment, or celebration, etc. or as a signal. 

Open fire. Any fire from which the products of combustion are emitted directly into the open air without passing through a stack or chimney. 

Permit. Official permit to kindle fire from the state department of environmental management, division of forest environment or local fire chief. 

Recreational fire. An outdoor fire, contained in a burner with a closed or properly screened top, including chimneys or other movable, closed fire containers available for retail purchase, or a stone ring of less than thirty (30) inches in diameter. 

(Ord. of 11-23-15 )

Sec. 7-17. Burning garbage prohibited.

It shall be unlawful to burn garbage in an open fire, in an incinerator, or refuse burner. 

(Ord. of 11-23-15 )

Sec. 7-18. Burning waste materials.

It shall be unlawful to burn trash, leaves, brush, wood, garbage, refuse, papers or waste materials of any kind on a public street. 

(Ord. of 11-23-15 )

Sec. 7-19. Regulation of open fires.

(a) Purpose. The purpose of this section is to regulate open fires consistent with but outside the control of Title 23, Chapters 23 and 23.1, the “Rhode Island Clean Air Act,” and G.L. Tit. 2, Ch. 12, “Forest Fires and Prevention.” 

(b) Fire permit required. No person shall set or maintain any bonfire, or other open fire of any kind, or authorize any such fire to be set or maintained without a permit issued by the chief of the fire department or his authorized representative. 

Permits shall only be valid during the following: 

Term I: October 1—February 28: 7:00 a.m. to 11:00 p.m. 

Term II: March 1—September 30: 5:00 p.m. to 11:00 p.m. 

(c) Open fires shall consist of only cut brush, untreated wood, and leaves produced from the permitted address. 

(d) Only clean, untreated wood will be permitted for open fires. 

(e) Bonfires must be not less than fifty (50) feet from any structure. 

(f) Burning of any construction materials other than clean untreated wood is prohibited. 

Open fires shall be located no less than twenty-five (25) feet from any structure and at least ten (10) feet from any property line or combustible fence, wood lot, or other potential hazard and shall be controlled to keep burning embers at least ten (10) feet away from combustible sources or neighboring properties. 

(Ord. of 11-23-15 )

Sec. 7-20. Permit not required for recreational fires.

(a) Recreational fires shall not require a permit, and are only permitted on private residential property and shall be at least ten (10) feet from any property line. 

(b) Commercial properties wishing to have external fires shall contact the appropriate fire district and shall be managed on a case by case basis using building classification and applicable fire code requirements for that business. 

(c) Stone rings shall be allowed provided all combustible materials are stored no less than seven (7) feet away, and the ring is less than thirty (30) inches in diameter and shall be at least ten (10) feet from any property line. 

(Ord. of 11-23-15 )

Sec. 7-21. Fire attendant.

(a) Every bonfire or other open or closed fires shall be constantly attended by a competent person until such fire is extinguished. 

(b) A garden hose connected to a water supply or other fire extinguishing equipment shall be readily available for use. 

(Ord. of 11-23-15 )

Sec. 7-22. Exceptions.

(a) The chief of the fire department or his designee may prohibit any and all outdoor bonfires or other open fires whenever atmospheric conditions or other local circumstances may make such fires hazardous. 

(b) The chief or the chief’s designee shall have the authority to order extinguished any fire determined to be a public safety risk. 

(c) The chief of the fire department may authorize exceptions to this division and allow additional burning when the chief deems it necessary for the public convenience or welfare. 

(Ord. of 11-23-15 )

Sec. 7-23. Complaints on open burning.

(a) Upon receiving a formal complaint of open burning (name and address of complainant provided), the fire department will respond and investigate. If the officer in charge deems that the burning is a nuisance, as that defined in G.L. 1956, § 11-30-13, the fire officer shall request an officer from SKPD to advise and assist in determining if probable cause exists to proceed with prosecution under G.L. 1956, § 11-30-13. Should probable cause be determined the fire shall be put out. 

(b) If the complainant does not wish to file a formal complaint, then the fire department shall only do a safety check of the open burning. 

(Ord. of 11-23-15 )

Sec. 7-24. Red flag warning/high fire danger.

A red flag warning fire danger day determined by DEM Forestry or winds in excess of twenty (20) mph or a classification of high danger will be an automatic cancellation of all outside burning. No permits will be issued until the red flag warning has been lifted and the fire danger is below high danger. 

(Ord. of 11-23-15 )

Sec. 7-25. Penalty for violation.

Any person violating any provision of this article shall, upon conviction, be punished in accordance with section 1-9. 

(Ord. of 11-23-15 )

Secs. 7-26—7-35. Reserved.

ARTICLE III. MUNICIPAL FIRE ALARM SYSTEM

Sec. 7-36. Fire alarm code adopted.

The town fire alarm code is the state fire alarm code adopted pursuant to G.L. 1956, § 23-28.25-1 et seq., as amended. 

(Ord. of 7-12-04(2))

Sec. 7-37. Submission of plans before work required.

No work requiring the relocation or adjustment of any municipally-owned fire alarm equipment, boxes or cable shall be commenced prior to the submission of the plans for the same to the office of the superintendent of the town fire alarm system. 

(Code 1971, § 14.1-1; Ord. of 7-12-04(2))

Sec. 7-38. Charges and deposits.

(a) The town council shall establish by resolution, and amend from time to time by resolution, the charges to be made by the town fire alarm department for labor, materials, and other services incurred by the department in accomplishing the work required by the plans above required to be submitted. All charges will be billed by and paid to the town. 

(b) The town may require a deposit from the person requesting the relocation or adjustment if, in the opinion of the superintendent of the fire alarm system, the cost of the proposed work, materials, etc., may exceed five hundred dollars ($500.00). 

(Code 1971, § 14.1-2; Ord. of 7-12-04(2))

Sec. 7-39. Commercial connection fees.

The town council shall establish by resolution, and amend from time to time by resolution, the charges to be made by the town fire alarm department for labor, materials, and other services incurred by the department as they relate to commercial connections to municipal alarm system. All charges will be billed by and paid to the town. 

(Ord. of 7-12-04(2))

Sec. 7-40. Penalty for violation.

Any person found to be violating the provisions of this chapter shall be guilty of a misdemeanor and shall upon conviction, be punished in accordance with section 1-9. 

(Code 1971, § 14.1-3; Ord. of 7-12-04(2))