Fire warden is not liable for damages caused by violating conditions of the permit. The person who was granted the burn permit is the liable party for their fire and any damage that fire may cause (Condition 2-Permit to Kindle Fire).
This is a violation of both the terms of the permit to kindle fire and air pollution laws. The fire warden is advised to inform the person that the conditions of the permit have been violated and the permit is no longer valid. If the person continues or knowingly burns illegal materials the fire warden is advised to report it to the Environmental Enforcement Officer for the area or submit an Online Environmental Violation Report Form.
When there is snow on the site, the State statues do not require a permit to kindle fire for open burning. This is not a violation of the forest fire laws. However, burning trash is a violation of air pollution control laws. Fire warden should get assistance from: Town Health Officer, Environmental Enforcement Officer, solid waste management program, Vermont Air Pollution Control Division.
You can contact your Town Health Officer or Environmental Enforcement Officer
Traditional use of a burn barrel for purposes of burning trash are illegal. However, if someone was to burn clean natural vegetation in a barrel with a permit to kindle fire from the Town Forest Fire Warden, that would not be illegal.
Start by educating the burner. Give a verbal warning and follow up with a written warning. If the violation continues, a Fire prevention ticket can be issued by the Fire Warden. If illegal materials are involved, the Environmental Enforcement Officer should be contacted. Environmental Enforcement Officers can begin the process for more substantial fines for air pollution violations.
A Fire Warden is obligated to investigate a wildland fire or a fire that is threatening wildland. § 2644. Duties and powers of fire warden (a) When a forest fire or fire threatening a forest is discovered in his or her town, the town forest fire warden shall enter upon any premises and take measures for its prompt control, suppression, and extinguishment.
Fire Wardens are tasked with issuing open burning permits and enforcing forest fire statutes and should stick to this as much as possible. The statues do not require the Fire Warden to verify landownership prior to issuing a permit for debris burning. However, it is reasonable that if a landowner contacts the Fire Warden ahead of time to inform that they do not want any debris burning on their property, that the Fire Warden deny a permit to the tenant.
Fire warden is not liable for damages caused by violating conditions of the permit. The person who was granted the burn permit is the liable party for their fire and any damage that fire may cause (Condition 2-Permit to Kindle Fire).
