Open burning code prompts heated discussion

Residents in the Village of Brockport turned out June 21 to discuss the village's proposed changes to its open burning law. The changes were proposed as a result of increased complaints from residents about recreational fires burning within the village limits.

"The village's code is very antiquated," Building/Code Enforcement Officer Scott Zarnstorff said at the regular board meeting. "There haven't been any revisions to the code in many years and there has been an increase in recreational fires burning in people's backyards, so we have enhanced the code," he explained at the meeting.

Village officials looked to the New York State fire codes as well as the Monroe County Health Department when making the proposed changes.

Residents who addressed village officials during the meeting spoke about problems with neighbors having fires in their backyards where the smoke would drift into their houses. Bill Bird said he doesn't care if people have a campfire but when the wind carries the smoke in to his house, then he has problems. "I don't have central air and I have to close up the house in the summer to keep the smoke out," he said. Because of the proximity of homes to one another in the village, Bird said that it is likely that any fire burning within village limits would be bothering someone.

Carl Coapman said the changes proposed were well within the parameters of the law but he cautioned that some of the fires that burn are more bonfires than campfires. "I think the distances mentioned in the proposal are arbitrary and capricious," he said. "If a fire is creating a nuisance then it should be put out. But I'd like to know what happens if you have a hickory fire burning to cook some meat, is that a nuisance?"

Zarnstorff said it is a nuisance if a neighbor complains. Coapman pressed Zarnstorff to give a statutory definition of nuisance.

Charles Radtke told officials that this was the second year he had been having problems with a neighbor having a bonfire in his backyard. "I've asked him to put it out and he refuses ... the smoke comes right into our windows," he said. "I shouldn't have to put up with a houseful of smoke."

The proposed code said that open fires would have to be at least 50 feet from structures and fires in containers or smaller than three feet in diameter and two feet tall could be 25 feet from structures. Fines could range from $100-250 for violators.

Mary Ann Rogers wanted to know why people couldn't just talk to their neighbors and try to work things out.

Following almost a hour of discussion, Mayor Josephine Matela said the purpose of the hearing was to get feedback from the residents before any final decision was made. "We are really talking about all night burning and it's a health and safety issue."

When a resident calls 911 to report a nuisance fire from a neighbor's yard, both the fire and police departments are dispatched - a practice that residents questioned the necessity. "Why does a fire truck have to respond to a backyard barbecue? a resident asked. It was explained that certain worlds to 911 trigger certain responses from the call center and "fire" whether nuisance or something larger, naturally prompts a response from the fire department.

Fire Chief Chris McCullough said the fire department needs definitive answers on what is expected of his people if they respond to a call. "Right now, if we get a call, we ask the homeowner to put the fire out. If they don't we will," he said. "There needs to be stringent fines and enforceable codes."

Matela closed the public hearing and told residents it would be discussed and possibly voted on at the board's next meeting. But if significant changes were made to the proposed code, it would have to be brought back before the public for another hearing.