State Officials Urge Fire Safety During Open Burning Season

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STOW, Mass. — After an unprecedented fall fire season in Massachusetts and as wildfires rage in California, state officials are urging residents to protect themselves and their communities by following local and state restrictions on open burning.

State Fire Marshal Jon M. Davine, Department of Environmental Protection Commissioner Bonnie Heiple, and Chief Fire Warden David Celino of the Department of Conservation & Recreation said restrictions on open burning are imposed at the state and local levels.

"Open burning season begins January 15 in communities where it’s allowed," said State Fire Marshal Davine. "Even where burning is authorized, a permit from your local fire department is always required in advance and it’s your responsibility to be able to extinguish the fire on a moment’s notice. For two years in a row, Massachusetts residents have lost their lives when they couldn’t contain their fires – please make safety your priority when burning."

"Open burning is limited to protect public health and public safety," said MassDEP Commissioner Heiple. "The governing laws and regulations are in place to reduce air pollution, property damage, and personal injury. If open burning is allowed in your community, please follow the local and state guidance to keep yourself, your neighbors, and our environment safe."

"This fall, residents across Massachusetts saw just how quickly outdoor fires can grow out of control," said Chief Fire Warden Celino. "Right now, California is facing an even worse crisis with devastating fires consuming entire neighborhoods. Please don’t risk a fire that puts you, your home, or your community at risk. Burn only approved materials and always get a permit from your local fire department first."

These restrictions are authorized by 310 CMR 7.07, which sets baseline requirements based on air quality and allows for "no burn" days; MGL chapter 48, section 13, which prohibits any open air fire unless a permit is issued; and the Massachusetts Comprehensive Fire Safety Code, which gives local fire chiefs the authority to impose additional limits.

Open burning is prohibited year-round in the cities and towns of Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Chicopee, Everett, Fall River, Holyoke, Lawrence, Lowell, Malden, Medford, New Bedford, Newton, Somerville, Springfield, Waltham, Watertown, West Springfield, and Worcester.

In the remaining communities, open burning season runs from Jan. 15 through May 1 with the following limitations. Local fire departments may deny a permit or set additional limitations if circumstances make open burning hazardous.

Only certain agricultural waste may be burned. This includes brush, cane, driftwood, residential forestry debris, fruit tree and bush prunings, raspberry stalks, infected bee hives, trees and brush from agricultural land clearing, and fungus-infected elm wood if no other acceptable means of disposal is available. It is unlawful to burn leaves, grass, hay, stumps, tires, household trash, construction materials, demolition debris, or brush, trees, cane, or driftwood from commercial or industrial land clearing.

Open burning may only be conducted:

  • With a permit issued in advance by the local fire department;
  • Between 10:00 am and 4:00 pm;
  • At least 75 feet from all dwellings and without causing a nuisance;
  • As close as possible to the source of material being burned; and
  • When it will not cause or contribute to a condition of air pollution.

Persons who burn unlawfully or allow a fire to grow out of control could be held liable for firefighting costs or face fines or even jail time.

Open Burning Safety

  • An adult should tend to the fire at all times and keep tools to extinguish it close by.
  • Burn small amounts at a time.
  • Never use gasoline, kerosene, or other accelerants to start the fire.
  • Don't wait for the fire department to tell you that it has become unsafe to burn: put the fire out if winds pick up or the weather changes. Most fires get out of control during sudden wind changes.
  • If the fire gets out of control, call the local fire department right away.

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Pittsfield Teacher on Leave for Allegedly Repeating Slurs

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — A Herberg Middle School teacher was put on leave after allegedly repeating homophobic and racial slurs used by a student. 

The teacher was reportedly describing a classroom incident when the slurs were repeated. On Wednesday, the Pittsfield Public Schools Human Resources department confirmed that an 8th-grade teacher at the middle school was placed on leave this week. 

The complaint was publicly made last week by parent Brett Random, who is the executive director of Berkshire County Head Start. 

On her personal Facebook page, she said her daughter reported that her math teacher, "used extremely offensive language including both a racial slur (N word) and a homophobic slur (F word) and then reportedly tried to push other students to repeat those words later in the day when students were questioning her on her behavior."

"While I appreciate that school administrators have begun addressing the situation, this is bigger than one incident. It raises serious questions about the culture within our schools and what students may be experiencing from adults they're supposed to trust," Random wrote.

"This moment should be used to take a hard look at how we're supporting responsive teaching, anti-racism, respect and creating truly inclusive classroom environments."

Her original post was made on April 30. On May 2, she reported that interim Superintendent Latifah Phillips and School Committee members Ciara Batory and Sarah Muil promptly responded and recognized the seriousness of the situation. 

"We are aware of allegations involving a staff member at Herberg Middle School and take concerns about derogatory and discriminatory language very seriously," Phillips wrote in an email to iBerkshires. "We recognize the impact this type of language has on students and families, and our priority is maintaining a safe and respectful learning environment while we conduct a fair and thorough review. Because this is a personnel matter, we cannot share additional details at this time."

The Berkshire Eagle, which first reported on the incident, identified the teacher as Rebecca Nitsche, and the teacher told the paper over the phone, "All I can tell you is it's not how it appears." Nitsche told the paper she repeated the words a student used while reporting the incident to another teacher because officials needed to know it happened. 

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