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It's the law

Fire permits required


New Hampshire state law (effective since 2003) prohibits residential trash burning (RSA 125-N). Contact New Hampshire Department of Environmental Services at (800) 498-6868 or www.des.state.nh.us for more information


The Law

According to New Hampshire Law, RSA 227-L, Every person who kindles any fire in or near the woodlands, except when the ground is covered by snow, shall obtain a written fire permit from the forest fire warden in the town where the fire will be kindled.

Forest Fire Warden

In Mont Vernon, the Forest Fire Warden is Kevin E. Pomeroy. Warden Pomeroy is assisted by Deputy Forest Fire Wardens in the execution of his duties and the issuance of permits. In order to obtain a written fire permit, contact the fire station and leave a message. Or, you can contact Warden Kevin Pomeroy at his residence. Leaving a message does not constitute issuance of a permit.

Definitions

Attended: A responsible individual, capable of extinguishing the fire, is on the same property, is able to extinguish the fire, and has the fire in plain view.

Barbecue: A gas grill or charcoal fire in a container up and off the ground, kindled by the landowner or with the landowner's pemission, does NOT require a written fire permit.

Category I Fire: A small controlled fire, such as a camp fire or cooking fire, no greater than 2 feet in diameter, contained within a ring of fire resistive material or in a portable fireplace.

Category II Fire: A controlled fire, such as a camp fire or cooking fire, no greater than 4 feet in diameter, contained within a ring of fire resistive material or in a portable fireplace.

Category III Fire: A fire greater than 4 feet in diameter, or not contained within a ring of fire resistive material.

Category IV Commercial Fire: A commercial fire kindled between 9:00 AM and 5:00 PM. A special permit is required from both the state Forest Ranger and the local Forest Fire Warden. Additional special provisions may be required.

Completely Extinguished: A completely extinguished fire emits no smoke, heat, or flames. A buried fire is not completely extinguished.

Ground Covered with Snow: The area within a 100 foot radius from the fire edge is covered with snow, or other frozen precipitation, sufficient to prevent the the fire from spreading, until the fire is completely extinguished.

Open Burning: The burning of any material where the products of combustion are emitted directly into the air without passing through a stack or chimney from an enclosed container. The use of portable fireplaces is considered open burning. A barbecue as defined on this page is not considered open burning.

Raining: Sustained precipitation that is actively occurring of sufficient intensity and duration so as to prevent the fire from spreading.

Seasonal Permit: A permit issued on an annual basis for a category I, II, or IV fire.

Rules and Regulations

(excerpted from Division of Forests and Lands publication)

-- No fire shall be kindled, nor material burned, between 9:00 AM and 5:00 PM unless actually raining. A category I or category IV fire may be kindled during this time with a permit

-- If a permit has been issued to kindle a fire between 9:00 AM and 5:00 PM while it is raining, and the rain stops, the fire must be completely extinguised.

-- Any permitted outside burning shall match the written permit as to date, time, place, and material specified.

-- No fire shall be kindled, nor material burned, when weather is unfavorable in the opinion of the Forest Fire Warden, or a proclamation is in effect closing the woodlands.

-- Suppression equipment and assistance shall be present to control any permitted fire.

-- Any permitted fire shall be kept under control and the material being burned shall not cause a hazard endangering life and/or property.

-- No material being burned shall violate state law, rule, or regulation or local ordinance and/or New Hampshire Air Resources Division regulation regarding open burning.

-- Brush and wood, 5 inches in diameter or smaller, can be burned.

-- Domestic waste, treated wood, treated lumber, or composite materials CANNOT be burned.

-- Only clean, untreated, and non-contaminated wood may be burned.

-- All open fires shall be constantly attended until the fire is completely extinguished. A buried fire is not considered extinguished.

-- No outside fire shall be kindled less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure. A category I fire shall not be kindled less than 25 feet from any structure.

-- The Forest Fire Warden or his deputies may summarily suspend a fire permit for violation of any fire permit restrictions and an Official Notice or Summons shall be issued.

-- Fire permits shall not be issued to any individual who has had more than 2 open burning violations, or any single grievous open burning violation, within the past 7 years.

Liabilities

Any person who kindles, or causes, any fire without a permit, when a permit is required, shall be liable for expenses incurred in attending or extinguishing such fire.

Penalties

Any person who violates fire permit law, and any person who willfully or recklessly kindles a fire that endangers woodlands, shall be guilty of a misdemeanor punishable by a fine of up to $2,000 and/or up to 1 year in jail, or both.

 

Additional information

This is a synopsis of the laws, rules, and regulations contained in RSA 227-L. If you have questions, please contact Forest Fire Warden Kevin Pomeroy, the Mont Vernon Fire Department, or the local Forest Ranger through the New Hampshire Division of Forests and Lands, Forest Protection Bureau at http://www.dred.state.nh.us/divisions/forestandlands/bureaus/forestprotection/ or (603) 271-2217.