A burning issue in Milford

By FRANK JULIANO
Staff writer
ConnPost Article Last Updated: 10/06/2008 12:39:16 AM EDT

MILFORD -- The burning question that may not be addressed in a proposed ordinance on open fires is what to do about backyard "chimeneas,'' or outdoor fireplaces.

A public hearing will be held on the ordinance at 7 p.m. today in City Hall, and the Board of Aldermen will likely vote on the matter at its meeting that begins at 7:30.

The measure would revise and tighten current rules banning the burning of leaves and trash, and brings Milford's regulations in line with state law, Mayor James L. Richetelli Jr. said.

City Attorney Max Case has researched whether the city can ban chimeneas, or control their use in situations where the smoke from the stack blows into neighbors' homes and yards.

The issue isn't clear, officials said, but it appears that state law specifically allows them.

That means that it would take a state law, and not a city ordinance, to ban them, Richetelli said.

The mayor said he does not necessarily favor a ban on the cast iron or abode fireplaces, but noted that his office receives many complaints about smoke and odors from them.

"I have some sympathy for those people, especially those with breathing problems and who live in areas of the city where houses are close together,'' Richetelli said.

"But I have to add that I also get calls from people who love their chimeneas and don't want to see anything done that would eliminate them,'' he said.

Fire Marshal Lee S. Cooke said that fire pits and outdoor fireplaces fall under the category of "recreational fires,'' and are allowed.

"But the state law also allows us to go onto anyone's property and rule any fire a nuisance or a hostile fire, and have it put out.''

That does provide an opportunity for city officials to intervene when smoke or odors from a chimenea annoys neighbors, Cooke said.

Alderman James Patterson, D-1 and chairman of the ordinance committee, said he does not expect a lot of public comment during the hearing tonight.

The proposed ordinance also designates Cooke as the city's open burning official, to conform to state law. Permits for bonfires or camp fires are issued through Cooke's office. "It's always been me, but now we're making it official,'' he said.