City of Watertown Fire Department: Campfires & The Burn Ban

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CITY OF WATERTOWN FIRE DEPARTMENT

224 SOUTH MASSEY STREET


WATERTOWN, NEW YORK 13601
OFFICE: 315-785-7800
FAX: 315-785-1821

Campfires & The “Burn Ban”


The (DEC) burn ban specifies that between March 15th & May 15th
the burning of downed limbs and branches (including branches with
attached leaves or needles) less than six inches in diameter and eight feet
in length is prohibited. Within the City of Watertown (due to its
population > 20,000) these (brush-fires / bon-fires) are always
prohibited.

Within the City of Watertown, a small campfire is allowed so


long as it meets the following specifications regardless of the time of
year:

1. When atmospheric conditions or local circumstances make such fires


hazardous, to include smoke or odor emissions, they will be
prohibited.
2. Fires are permitted in approved containers (portable outdoor
fireplaces) no closer than 15’ from any structure or combustible
material.
3. Recreational campfires that are less than 3’ diameter and 2’ height
are permitted when provisions have been made to prevent the fire
from spreading. These fires are permitted no closer than 25’ from any
structure or combustible material.
4. The fire shall be constantly attended until extinguished.
5. An extinguishing agent must be readily available for immediate use if
needed.
6. The only fuels permitted for use are untreated wood and charcoal.
7. Fires shall not be used to dispose of waste or garbage.

For guidance regarding the “Burn Ban” please utilize the following link to
the NYS DEC open burning/burn ban information page on their website.
https://www.dec.ny.gov/chemical/32060.html

The following pages include the actual codes and laws as they
pertain to open burns and recreational fires (campfires) in New York State
and the City of Watertown.
CITY OF WATERTOWN FIRE DEPARTMENT
224 SOUTH MASSEY STREET
WATERTOWN, NEW YORK 13601
OFFICE: 315-785-7800
FAX: 315-785-1821

Fire Code of New York State

SECTION 307 OPEN BURNING, RECREATIONAL FIRES AND


PORTABLE OUTDOOR FIREPLACES
307.1 General. A person shall not kindle or maintain or authorize to be kindled or
maintained any open burning unless conducted and approved in accordance with
Sections 307.1.1 through 307.5.

307.1.1 Prohibited open burning. Open burning shall be prohibited when atmospheric
conditions or local circumstances make such fires hazardous. Exception: Prescribed
burning for the purpose of reducing the impact of wildland fire when authorized by the
fire code official.

307.2 Permit required. A permit shall be obtained from the fire code official in
accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range
or wildlife management practices, prevention or control of disease or pests, or a bonfire.
Application for such approval shall only be presented by and permits issued to the
owner of the land on which the fire is to be kindled.

307.2.1 Authorization. Where required by state or local law or regulations, open


burning shall only be permitted with prior approval from the state or local air and water
quality management authority, provided that all conditions specified in the authorization
are followed.

307.3 Extinguishment authority. Where open burning creates or adds to a hazardous


situation, or a required permit for open burning has not been obtained, the fire code
official is authorized to order the extinguishment of the open burning operation.

307.4 Location. The location for open burning shall be not less than 50 feet (15 240
mm) from any structure, and provisions shall be made to prevent the fire from spreading
to within 50 feet (15 240 mm) of any structure. Exceptions: 1. Fires in approved
containers that are not less than 15 feet (4572 mm) from a structure. 2. The minimum
required distance from a structure shall be 25 feet (7620 mm) where the pile size is 3
feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.

307.4.1 Bonfires. A bonfire shall not be conducted within 50 feet (15 240 mm) of a
structure or combustible material unless the fire is contained in a barbecue pit.
Conditions that could cause a fire to spread within 50 feet (15 240 mm) of a structure
shall be eliminated prior to ignition.
CITY OF WATERTOWN FIRE DEPARTMENT
224 SOUTH MASSEY STREET
WATERTOWN, NEW YORK 13601
OFFICE: 315-785-7800
FAX: 315-785-1821

307.4.2 Recreational fires. Recreational fires shall not be conducted within 25 feet
(7620 mm) of a structure or combustible material. Conditions that could cause a fire to
spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.

307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in


accordance with the manufacturer’s instructions and shall not be operated within 15 feet
(3048 mm) of a structure or combustible material. Exception: Portable outdoor
fireplaces used at one [1] and two-family dwellings.

307.5 Attendance. Open burning, bonfires, recreational fires and use of portable
outdoor fireplaces shall be constantly attended until the fire is extinguished. Not fewer
than one portable fire extinguisher complying with Section 906 with a minimum 4-A
rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water
barrel, garden hose or water truck, shall be available for immediate utilization

Municipal Code of the City of Watertown


Chapter 108. Burning, Outdoor

§ 108-1. Prohibitions.

The disposal of refuse and waste by outdoor burning, bonfires, open fires of any type or
burning cans of any type is hereby prohibited in the City of Watertown. Nothing here shall
be construed to prohibit the preparation of meals on small outdoor grills or small outdoor
fireplaces. Such grills and fireplaces, however, shall not be used for the disposal of refuse
and waste.

§ 108-2. Penalties for offenses.

[Added 12-1-1986 by L.L. No. 1-1986]


Any person, firm or corporation violating any provision of this chapter shall, upon
conviction, be subject to a fine of not less than fifty dollars ($50.) nor more than two
hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both.
Each day of continued violation is a separate and distinct offense.
CITY OF WATERTOWN FIRE DEPARTMENT
224 SOUTH MASSEY STREET
WATERTOWN, NEW YORK 13601
OFFICE: 315-785-7800
FAX: 315-785-1821

(DEC) New York Codes Rules and Regulations Title 6


6 NYCRR
215.1 Definitions.

(a) Open fire. Any outdoor fire or outdoor smoke producing process from which
air contaminants are emitted directly into the outdoor atmosphere. Open fires include
burning in barrels or modified barrels. Open fires do not include burning in outdoor
furnaces or boilers that are used to heat buildings when the devices are actually used
for such purpose.
(b) Agricultural land. The land and on-farm buildings, equipment, manure
processing and handling facilities, and practices that contribute to the production,
preparation and marketing of crops, livestock and livestock products as a commercial
enterprise, including a 'commercial horse boarding operation' and 'timber processing.'
Such farm operation may consist of one or more parcels of owned or rented land, which
parcels may be contiguous or noncontiguous to each other.

(c) Camp fire. A camp fire or any other outdoor open fire less than three feet in
height, and less than four feet in length and width or diameter.

(d) Agricultural waste. Any waste from naturally grown products such as vines,
trees and branches from orchards, leaves and stubble. In addition, any fully organic
waste either grown or generated on the premises, including but not limited to paper feed
bags, wood shavings used for livestock bedding, bailing twine, and other non-plastic
materials. Agricultural waste does not include pesticide containers, fertilizer bags, large
plastic storage bags (including bags commonly known as "Ag bags"), offal, tires, plastic
feed bags, and other plastic or synthetic materials.

(e) Acquired structure. A structure donated or loaned from a property owner for
the purpose of conducting fire training.

(f) Untreated wood. For the purposes of this Part, any wood or lumber which is
not chemically treated, coated, stained, sealed, glued or otherwise
adulterated. Untreated wood does not include such materials as pressure treated
lumber, plywood, particle board, fiberboard, and oriented strand board.

(g) On-site burning. The burning of material, grown or generated on a particular


property, in an open fire on the same property. For purposes of this definition, the same
property shall include only property that is geographically contiguous and under the
control or ownership of the same person.
CITY OF WATERTOWN FIRE DEPARTMENT
224 SOUTH MASSEY STREET
WATERTOWN, NEW YORK 13601
OFFICE: 315-785-7800
FAX: 315-785-1821

215.2 Prohibitions.
Except as allowed by section 215.3 of this Part, no person shall burn, cause,
suffer, allow or permit the burning of any materials in an open fire.

215.3 Exceptions and restricted burning.


Burning in an open fire, provided it is not contrary to other law or regulation, will
be allowed as follows:

(a) On-site burning in any town with a total population less than 20,000 of
downed limbs and branches (including branches with attached leaves or needles) less
than six inches in diameter and eight feet in length between May 15th and the following
March 15th. For the purposes of this subdivision, the total population of a town shall
include the population of any village or portion thereof located within the town. However,
this subdivision shall not be construed to allow burning within any village.

(b) Barbecue grills, maple sugar arches and similar outdoor cooking devices
when actually used for cooking or processing food.

(c) Small fires used for cooking and camp fires provided that only charcoal or
untreated wood is used as fuel and the fire is not left unattended until extinguished.

(d) On-site burning of agricultural wastes as part of a valid agricultural operation


on contiguous agricultural lands larger than five acres actively devoted to agricultural or
horticultural use, provided such waste is actually grown or generated on those lands
and such waste is capable of being fully burned within a 24-hour period.

(e) The use of liquid petroleum fueled smudge pots to prevent frost damage to
crops.

(f) Ceremonial or celebratory bonfires where not otherwise prohibited by law,


provided that only untreated wood or other agricultural products are used as fuel and
the fire is not left unattended until extinguished.

(g) Small fires that are used to dispose of a flag or religious item, and small fires
or other smoke producing process where not otherwise prohibited by law that are used
in connection with a religious ceremony.

(h) Burning on an emergency basis of explosive or other dangerous or


contraband materials by police or other public safety organization.

(i) Prescribed burns performed according to Part 194 of this Title.


CITY OF WATERTOWN FIRE DEPARTMENT
224 SOUTH MASSEY STREET
WATERTOWN, NEW YORK 13601
OFFICE: 315-785-7800
FAX: 315-785-1821

(j) Fire training, including firefighting, fire rescue, and fire/arson investigation
training, performed under applicable rules and guidelines of the New York State
Department of State's Office of Fire Prevention and Control. For fire training performed
on acquired structures, the structures must be emptied and stripped of any material that
is toxic, hazardous or likely to emit toxic smoke (such as asbestos, asphalt shingles and
vinyl siding or other vinyl products) prior to burning and must be at least 300 feet from
other occupied structures. No more than one structure per lot or within a 300 foot radius
(whichever is bigger) may be burned in a training exercise.

(k) Individual open fires as approved by the director of the Division of Air
Resources as may be required in response to an outbreak of a plant or animal disease
upon request by the commissioner of the Department of Agriculture and Markets, or for
the destruction of invasive plant and insect species.

(l) Individual open fires that are otherwise authorized under the Environmental
Conservation Law, or by rule or regulation of the department.

Revised 03/15/2022

Capt. R. Little

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