STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

DEPARTMENT OF ENVIRONMENT AL MANAGEMENT 

OFFICE OF AIR RESOURCES 

AIR POLLUTION CONTROL REGULATION NO. 4 

OPEN FIRES 

Effective 2 August 1967 

Last Amended 19 July 200 7 

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

l 7.1-2(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. 
RHODE ISLAND DEPARTMENT OF ENVIRONMENT AL MANAGEMENT 

OFFICE OF AIR RESOURCES 

AIR POLLUTION CONTROL REGULATION NO. 4 

OPEN FIRES 

4.1 Defmitions 

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 pennits, 

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 bum 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 bum 

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 pe1iods 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 J Applieatiofl 

The terms and provisioftS of tliis regulation shall be liberally eo0strued to permit the 

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

4.5.4 Severability 

If any provision of this regulation or the application thereof to any person or circumstance, is 

held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation 

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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 , 20.QL_ to become effective 

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

17.l, 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 

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