WESTFIELD – At Thursday’s meeting, At-large Councilor Dan Allie presented recommendations from the Public Health & Safety
Dan Allie
Committee which he chairs regarding the open burning or “fire pit” ordinance approved by the Council in April.
Allie thanked Assistant City Solicitor Meghan Bristol for information she had given the committee on June 10, which clarified some problems with the ordinance that was passed.
In her memo to the Legislative & Ordinance Committee, Bristol said that the city ordinance lumps together fire pits, chimineas and outdoor fireplaces whereas they fall into two distinct categories, according to Massachusetts Department of Environmental Protection regulations.
Open burning is in part regulated under MassDEP air pollution control regulations. The agency’s definition of open burning is “burning under such conditions that the products of combustion are emitted directly to the ambient air space and are not conducted thereto through a stack, chimney, duct, or pipe.”
While campfires and burning in fire pits meets the definition of open burning under state law, burning in chimineas and outdoor fireplaces does not. Unless a fire pit or campfire is being used for cooking purposes, it is subject to the same restriction as all other open burning, requiring permission from the local fire department and following applicable restrictions.
Chiminea (WNG File photo)
The Public Health & Safety Committee recommended several changes to the city ordinance, the first being to separate chimineas and outdoor fireplaces from campfires and fire pits. They also recommended adding the language that open burning is allowed if being conducted primarily for cooking purposes.
The Committee also recommended deleting the term “air pollution” in the ordinance, which brings it under MassDEP law. According to Bristol, the city ordinance came to the attention of MassDEP, who said it legislates in the area of air pollution, requiring approval by the state agency. She said the agency was unlikely to approve it, because the fines associated with it are not at the state’s minimum
Metal Fire Pit (WNG File photo)
enforcement penalties of $1,000 for the first offense and $5,000 for subsequent offenses.
“I commend you for doing this. There’s a lot of confusion out there,” said At-large Councilor Daniel Knapik to Allie.
The Council then voted to send the ordinance along with the new information from Bristol and the Public Health & Safety’s recommendations, to the Legislation & Ordinance Committee for review.
Ward 4 Councilor Mary O’Connell, who serves on the L&O Committee, said they would take the new information, put some finishing touches on it, and bring it back to the Council for a vote.
Before the meeting, Allie said that nobody’s intention was ever to ban the use of outdoor chimineas or fireplaces. “When it got in front of this committee, it was a hot mess,” he said.
