East Greenwich council continues open-burning ordinance after hours of public comment

The East Greenwich Town Council continued a public hearing on a proposed amendment to Chapter 47 (Open Burning) and asked the town working group to return with revisions after extensive public comment and technical review.

The draft ordinance, prepared by a staff working group that includes the fire chief, fire marshal, deputy chief, police and the town solicitor, separates “authorized burning” (for example grills and certain recreational fires) from larger fires that require permits, sets fuel and setback rules, and proposes time limits for recreational fires. Town Manager Nada said the current meeting was “another step in the process” and that staff intend to return with refined language after additional review.

The draft narrows the definition of permitted fuels and lists prohibited materials. Fire Chief Bill Perry told the council the committee prioritized safety and smoke reduction after reviewing NFPA standards, state guidance and practices in other towns. “Some of the issues we saw was people using green wood, lumber, pressure treated lumber, stuff that they shouldn't be burning,” Perry said. He told council the draft would allow “clean seasoned wood, wood pellets, propane, natural gas, clean wood, charcoal” while listing “pressure treated lumber, painted wood, construction debris, leaves, rubbish, tires” as non-authorized.

The draft also divides outdoor fires into two categories: recreational fires (fire pits, chimineas, UL-listed devices up to about 3 by 3 feet) and fires requiring permits for brush or land clearance. For recreational devices staff proposed limits such as locating pits a minimum of 25 feet from any structure and 10 feet from property lines, requiring constant adult supervision (18+), and keeping water or an extinguisher immediately available. For permitted brush burns staff proposed a maximum pile of roughly 5x5 feet, setbacks of 100 feet from structures and property lines, and time windows for permitted burning (proposed 8 a.m.–4 p.m.). The draft also proposes no burning on red-flag days or during high winds.

Residents and stakeholders pressed staff on several points: precise definitions (for example, what “seasoned” wood means), whether the NFPA setback recommendations should be treated as minimums without variances, treatment of preexisting fire pits, and differing rules for propane or natural gas devices. Resident Susanna Bodell urged strict enforcement and argued recreational fires have been illegal under the town code and should not be broadly grandfathered in. Several commenters, including Christopher Cousino and Christopher Cousineau, urged clear, codified definitions and enforcement. Resident Richard Fuka suggested limited religious exemptions for occasional ceremonial burning.

Councilors and staff discussed how to treat preexisting, nonconforming pits: whether to require owners to seek variances or permit continued use unless a safety violation is found. Town Planner John Studley and others noted the difference between imposing new rules and enforcing safety where a complaint arises. The fire chief said the working group considered the range of lots in town and emphasized the department’s primary concern: “safety is our main priority.” He also noted some equipment differences (propane or natural gas devices) have different NFPA guidance; he said those devices may have smaller setbacks in NFPA recommendations, but the draft used an abundance of caution.

After roughly an hour of public comment and council questions, the council voted to continue the public hearing to Nov. 10 so staff could revise the draft and return with clarified language and definitions. Town Manager Nada asked the working group to present a revised draft at that meeting.

The council deliberation and public input made clear the main issues to be resolved: precise definitions for authorized fuels and “seasoned” wood, how to treat preexisting pits, whether to allow formal variances or leave decisions to the fire chief, setback distances for different fuel types, and a clear enforcement and notification process for red-flag days. Councilors asked staff to return with redrafted ordinance language that addresses those points and improves clarity for residents before the council votes on a final ordinance.

The hearing will resume Nov. 10 at a regular council meeting; staff said they would circulate a revised draft before that date.

Ending: The council did not take a final vote; the hearing was continued to Nov. 10 to allow additional drafting and to let staff respond to public concerns and technical questions.