The text
Footnotes:
--- (2) --- Cross reference— Burning waste in landfill prohibited, § 66-78.
Sec. 42-31. - Penalty for violation of article.#
Penalty for violation of this article will be as prescribed in section 1-7.
(Code 1967, § 11-29)
Sec. 42-32. - Prohibited generally.#
No open burning shall be permitted in the town at any time except as set forth in the following sections.
(Code 1967, § 11-17)
Sec. 42-33. - Definitions.#
(a)
Open burning means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the atmosphere without passing through a stack, chimney, or a permitted air pollution control device.
(b)
Cooking fire. A cooking fire shall include an enclosed charcoal grill or hibachi, gas, pellet or contained open fire with a grate or surface area on which food is cooked or warmed for consumption.
(c)
Recreational fire. A recreational fire is, but not limited to, camp or open fires, as long as such fires are not larger than three feet in height, width, and length, chiminea, outside fireplace, fire-ring, and open flame lanterns.
(d)
Bonfires and other ceremonial fires are all fires larger than a recreation fire in which only clean brush and untreated wood may be burned. Any tree stump or large logs greater than eight inches shall not be allowed to be burned in a bonfire or ceremonial fire.
(Ord. of 11-14-22(1))
Editor's note— Ord. of 11-14-22(1), repealed the former § 42-33 and enacted a new § 42-33 as set out herein. The former § 42-33 pertained to recreational cooking fires and derived from Code 1967, § 11-18.
Sec. 42-34. - Burning permit required.#
(a)
No person may engage in the open burning of any material, including, but not limited to, domestic refuse, construction debris, and/or yard waste, with the exception of the following activities as permitted by the fire chief:
(1)
Open burning of yard waste, brush, grass, leaves, and other similar yard debris, is allowed if there is written permit issued by an authorized representative of the fire department. The guidelines for the permit shall be set forth by the state department of environmental management and the local fire chief. No more than six permits shall be issued to any one property in any calendar year.
(2)
A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.
(3)
Any fire set for the purposes of instructing personnel in firefighting with onsite supervision from the town fire department.
(4)
A fire set to prevent or abate a fire hazard.
(5)
A fire set for the prevention and control of disease or pests.
(6)
Bonfire or other ceremonial fire permits shall be issued at the discretion of fire department. No holder of a permit for such a fire shall ignite the fire before it has been inspected by the fire chief or his designee, and no additional materials shall be added to the fire subsequent to its inspection.
(7)
Recreational fires shall be under the supervision of a responsible adult and shall not emit smoke which in the determination of the fire chief, or his or her designee, constitutes a nuisance to neighboring properties.
(8)
No permit shall be required for any cooking fire within the town.
(Code 1967, § 11-21; Ord. of 11-14-22(1); Ord. No. 2025-0011, 7-28-25)
Editor's note— Ord. of 11-14-22(1), repealed the former § 42-34, which pertained to bonfires and other ceremonial fires and derived from Code 1967, § 11-19, and renumbered the former § 42-36 as the new § 42-34, as set out herein.
Sec. 42-35. - Location of fires.#
No person shall kindle or maintain any fire or authorize any such fire to be kindled or maintained on any private or public land unless the location is 25 feet from any structure and adequate provision has been made to prevent the fire and/or smoke from spreading to within 25 feet of any structure.
(Code 1967, § 11-22; Ord. of 11-14-22(1))
Editor's note— Ord. of 11-14-22(1), repealed the former § 42-35, which pertained to burning for fire department training and derived from Code 1967, § 11-20, and renumbered the former § 42-37 as the new § 42-35, as set out herein.
Sec. 42-36. - Attending open fires/local enforcement.#
Any open, recreational, bon or ceremonial fires shall be constantly attended by a competent person of at least 18 years of age until such fires are extinguished. This person shall have a garden hose connected to a water supply, or other approved extinguishing equipment ready and available for use.
Every person present at the scene of recreational, bon or ceremonial fire shall be subject and obedient to the orders of the firemen and police officers in all matters relating to extinguishing the fire, removal and protection of persons and property endangered by fire, smoke or water, freedom of fire department and medical personnel and equipment to perform their duties or to function properly, and the maintenance of order at or near the scene of the fire, and it shall be unlawful for any person to disobey any such order of a fireman or police officer. Firemen and police officers shall have authority to arrest persons who disobey such orders and to hold them in custody until the fire has been extinguished at which time the violators shall be dealt with according to the law.
(Code 1967, § 11-23; Ord. of 11-14-22(1))
Editor's note— Ord. of 11-14-22(1) renumbered the former § 42-38 as § 42-36. In addition, the same ordinance amended § 42-36 and in doing so changed the title of said section from "Attending open fires" to "Attending open fires/local enforcement," as set out herein.
Editor's note— See editor's note at § 42-34.
Sec. 42-37. - Conditions requiring the extinguishment of fires; termination of permit.#
Permits shall be terminated and fires shall be extinguished at the permittee's expense within a reasonable length of time by any one of the following: (1)
Willful or negligent violation of this article.
(2)
Request of the town or the state police.
(3)
Request of the R.I. state department of environmental management.
(4)
Signed and verified complaint of any resident downwind.
(5)
Request of the town fire department based upon atmospheric conditions, wind, fire rating index or local hazardous conditions.
(Code 1967, § 11-24; Ord. of 11-14-22(1))
Editor's note— Ord. of 11-14-22(1) renumbered the former § 42-39 as § 42-37.
Editor's note— See editor's note at § 42-35.
Sec. 42-38. - Contained burning without a permit.#
The burning of any trash, household waste, construction debris or material is prohibited including the use of a burn barrel or similar container for said purpose or in any permitted fire as defined in section 42-33.
(Code 1967, § 11-25; Ord. of 11-14-22(1))
Editor's note— Ord. of 11-14-22(1) renumbered the former § 42-40 as § 42-38.
Editor's note— See editor's note at § 42-36.
Sec. 42-39. - Kindling of fire on land of another.#
No person shall kindle a fire on the land of another without written permission of the owner or his agent.
(Code 1967, § 11-26; Ord. of 11-14-22(1))
Editor's note— Ord. of 11-14-22(1) renumbered the former § 42-41 as § 42-39.
Editor's note— See editor's note at § 42-37.
Sec. 42-40. - Liability of permittee.#
Any person or organization receiving permission from the fire department to kindle and maintain any fire shall assume all responsibility for damage or injury caused as the result of such fire.
(Code 1967, § 11-27; Ord. of 11-14-22(1))
Editor's note— Ord. of 11-14-22(1) renumbered the former § 42-42 as § 42-40.
Editor's note— See editor's note at § 42-38.
Sec. 42-41. - Emergency events/situation.#
In the event of a natural disaster such as a hurricane, flood, earthquake, or other similar event, the town administrator, after consultation with the fire chief, shall be allowed to waive any and all permit or burning prohibitions as contained in this article upon written notice to the town council.
(Ord. of 11-14-22(1))
Editor's note— See editor's note at § 42-39.
Sec. 42-42. - Reserved.#
Editor's note— Ord. of 11-14-22(1) renumbered the former § 42-42 as § 42-40, and in doing so reserved § 42-42.
Sec. 42-43. - Reserved.#
Editor's note— Ord. of 11-14-22(1) repealed § 42-43, which pertained to burning on Sunday and derived from Code 1967, § 11-28.