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Tiverton council amends open-burning rules to allow year-round permit applications, with fire department control
Summary
The council voted to remove the seasonal restriction on burn permits, allowing residents to apply for permits year-round while retaining fire-department discretion to deny permits based on safety and weather conditions.
The Tiverton Town Council on July 28 approved an amendment to Chapter 42 (Fire Prevention and Protection), Article II (Open Burning), removing the seasonal restriction that previously prohibited burn permits between May 1 and Sept. 30. The change allows residents to request burn permits at any time of year, while retaining the fire department’s authority to deny permits when conditions make burning unsafe.
Petitioner Peter Moniz and other residents discussed the change during a continued public hearing. Moniz said constituents had been unable to dispose of large amounts of storm debris and other yard waste and requested the ability to obtain permits outside the spring and fall windows. “We don't have a transfer station,” Councilor Camuto said in support; “we don't have a place to take it,” and residents have told councilors they face limited options.
Several residents opposed the change on health and nuisance grounds. Speakers described smoke spreading across neighborhoods and affecting residents with asthma. One neighbor said, “We can't sit outside if somebody's burning where I live. We have to go in,” and another warned of potential health impacts and neighborhood annoyance. The council and the fire chief discussed the existing permit process: permits are issued per property, limited in number, and the fire department maintains discretion to deny permits on a given day because of weather, high permit volumes, or safety concerns.
Councilors debated wording in the ordinance and clarified that the amendment removes the seasonal bar to issuing permits but does not eliminate permit requirements or the fire department’s ability to refuse a permit. Councilor Paul asked for clarity that the ordinance change means burning would still be “by permit only”; staff and other councilors confirmed that permits and fire-department oversight remain in place.
Councilor Camuto moved to approve the change “with the change” discussed during the hearing; the motion was seconded and approved. Councilors said they expect the fire department to apply the permit rules and to decline permits when smoke or weather conditions make burning unsafe. Residents were advised to call the fire department if smoke creates a health problem so an on-scene decision can be made.
