DIVISION 2. - REGULATION OF OPEN FIRES

Sec. 26-23. - Purpose.#

The purpose of this division is to regulate open fires consistent with but outside the control of G.L. 1956, §§ 23-23-1 et seq. and 23-23.1-1 et seq., the Rhode Island Clean Air Act, and G.L. 1956, § 2-12-1 et seq., forest fires and prevention.

Pursuant to § 23-23-18(b) and (c) of the Rhode Island General Laws, the town may regulate and prohibit open fires for the health, safety and protection of its residents. (1)

In the event that an open fire or smoke emanating from any open fire, including but not limited to those exempt herein, is determined to cause an annoyance and nuisance to owners, lessees, occupants or persons in general, by way of fumes, soot, ashes, dust, smoke, odors, sparks and the like, then in such event, said fire shall be extinguished immediately upon notification by the fire chief or his/her designee.

(2)

If a determination is made that an open fire is causing an annoyance and nuisance and the open fire is not extinguished immediately, the fire chief or his/her designee may enter upon the property and extinguish said fire.

(3)

The Narragansett Fire Department shall enter and extinguish illegal fires upon private land and shall report the same to the fire prevention bureau or police department for prosecution.

(Ch. 924, § 1, 11-2-2009; Ch. 1080, § 2, 10-19-2020)

Sec. 26-24. - Definitions.#

Bonfire. A large fire built in the open air, for warmth, entertainment, or celebration, etc., or as a signal.

Open fire. The term open fire as used in chapter 26 shall be held to mean 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.

Solid waste. Garbage, refuse and other discarded solid material generated by residential, institutional, commercial, industrial and agricultural sources, but does not include solids or dissolved material in domestic sewage or sewage sludge, nor does it include hazardous waste as defined in the state hazardous waste management act, as amended.

(Ch. 924, § 1, 11-2-2009; Ch. 1080, § 2, 10-19-2020)

Sec. 26-25. - Prohibited.#

The following activities are prohibited: (a)

During construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning on the property or in the immediate vicinity.

(b)

The burning of solid waste.

(c)

The burning of wood that has been treated with chemicals, paint, stain, or other finishing materials.

(d)

Open fires on any commercial property.

The bureau of fire prevention may, in writing, order every owner, lessee, occupant or any person having charge of premises described in this article, to remove materials, waste, or rubbish or accumulations thereof, from said premises within three days from the receipt of said order.

(Ch. 924, § 1, 11-2-2009; Ch. 1080, § 2, 10-19-2020)

Sec. 26-26. - Permit required.#

The following activities require a permit issued by the fire department: (a)

Permit required on public grounds. 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 on any public ground without a permit issued by the chief of the fire department or the chief's designee. The permit may set such limitations or conditions as determined appropriate by the chief or the chief's designee.

(b)

Permit required for bonfires on private land.

(c)

Permit required for the burning of cut brush and leaves.

(Ch. 924, § 1, 11-2-2009)

Sec. 26-27. - Permit not required.#

The following activities do not require a permit issued by the fire department: (a)

A person may burn combustible material on any private residential land if the fire is contained in a burner with a closed or properly screened top, approved by the fire prevention bureau, including chimeneas or other movable, closed fire containers available for retail purchase. Fire rings and stone rings shall be allowed as long as all combustible materials are cleared to a minimum of seven feet away and the ring is less than 30 inches in diameter. Such fire containers are to be located safely on private residential property no less than 15 feet from any structure and ten feet from any property line or combustible fence.

(b)

Gas and charcoal fired grills.

(c)

Residential fires are limited to the period from sunrise to midnight.

(Ch. 924, § 1, 11-2-2009)

Sec. 26-28. - Attendance at fires.#

Every bonfire or other open or closed fire shall be constantly attended by a competent person until such fire is extinguished. A garden hose connected to a water supply or other fire extinguishing equipment shall be readily available for use.

(Ch. 924, § 1, 11-2-2009)

Sec. 26-29. - 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. The chief or the chief's designee shall have the authority to order extinguished any fire determined to be a public safety risk.

(b)

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.

(Ch. 924, § 1, 11-2-2009)

Sec. 26-30. - Complaints on open burning.#

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 term is defined in G.L. § 11-30-13, the fire shall be put out. 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.

(Ch. 924, § 1, 11-2-2009; Ch. 1080, § 2, 10-19-2020)

Sec. 26-31. - Penalties for violation.#

Any person found guilty of violating any section of this division shall, upon conviction, be punished in accordance with section 1-14 of this Code.

(Ch. 924, § 1, 11-2-2009)