STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 4

OPEN FIRES

Effective 2 August 1967

Last Amended 19 July 2007

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42-

17.1-2(s) and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 

42-35.
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RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 4

OPEN FIRES

4.1 Definitions

Unless otherwise expressly defined in this section, the terms used in this regulation shall be 

defined by reference to the Rhode Island Air Pollution Control General Definitions 

Regulation. As used in this regulation, the following terms shall, where the context permits, 

be construed as follows:

4.1.1 "Open fire,” means any fire from which the products of combustion are

emitted directly into the open air without passing through a stack.

4.1.2 "Solid waste management facility" means any plant, structure, equipment and

other real and personal property acquired, constructed or operated for the purpose 

of processing, treating or disposing of solid wastes but not segregated solid waste.

4.1.3 "Hazardous waste disposal facility" means real and personal property acquired, 

constructed or operated for the purpose of the disposal of hazardous waste.

4.2 Prohibition

It shall be unlawful for any person to burn any material in an open fire at a solid waste 

management facility and/or hazardous waste disposal facility or in connection with any

salvage, industrial, commercial or institutional operation.

4.3 Exemptions

The following shall not be subject to this regulation:

(a) Open burning for weed abatement or pest control after receiving written approval from 

the Director.

(b) Bonfires composed of clean, untreated wood or cellulose derivatives for festive 

occasions conducted by an institution.

(c) Open burning of solid or liquid fuels or structures for the purpose of instruction and 

training of municipal, volunteer and industrial firefighters in the method of fighting fires 

when conducted under the direct control and supervision of qualified instructors after 
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receiving written approval from the Director.

(d) Open burning of combustible material after demonstration to the satisfaction of the 

Director that no alternative and practical method of disposal of said material is 

available. Alternative disposal methods may include chipping, cutting for forest 

products, landfilling, piling for protective cover for wildlife and others. Persons 

wishing to burn must receive written approval from the Director and demonstrate that 

approval has been granted by the municipality in which burning is to take place. Such 

burning must be conducted:

(1) during periods of good atmospheric ventilation.

(2) without causing a nuisance.

(3) With smoke minimizing starters if starters or starting aids are used.

4.4 Effect on Local Ordinances

This regulation does not preclude a municipality from prohibiting or attaching any more stringent 

conditions to any open burning

4.5 General Provisions

4.5.1 Purpose

The purpose of this regulation is to prohibit burning of any material in an open fire at a solid 

waste facility and/or hazardous waste disposal facility or in connection with any salvage, 

industrial, commercial or institutional operation.

4.5.2 Authority

These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(s) and 23-23, as 

amended, and have been promulgated pursuant to the procedures set forth in the R.I. 

Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35

4.5.3 Application

The terms and provisions of this regulation shall be liberally construed to permit the 

Department to effectuate the purposes of state law, goals and policies.

4.5.4 Severability

If any provision of this regulation or the application thereof to any person or circumstance, is 
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held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation 

shall not be affected thereby.

4.5.5 Effective Date

The foregoing regulation, "Open Fires”, as amended, after due notice, is hereby adopted and 

filed with the Secretary of State this __29th__ day of __June___, 2007__ to become effective 

twenty (20) days thereafter, in accordance with the provisions of Chapters 23-23, 42-35, 42-

17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on: February 21, 2007

Public Hearing held: March 23, 2007

Filing Date: June 29, 2007

Effective Date: July 19, 2007