This post was contributed by a community member. The views expressed here are the author's own.

Crime & Safety

City Man Accused of Illegal Use of Outdoor Stove

Arrest warrrant obtained based on report from a fire inspector.

A city man was arrested Thursday by warrant for allegedly using an outdoor wood-burning stove in violation of state law and a Norwalk ordinance.

Police said Robert Fragiacomo of 5 Shaw Rd. turned himself in at police headquarters in response to the arrest warrant charging him with violating a state statute forbidding reckless burning and a statute controlling how and where an outdoor wood-burning furnace is used. (The statute uses the term furnace, not stove.)

The warrant also accuses him of violating a city ordinance restricting the burning of leaves and yard rakings.

Find out what's happening in Norwalkwith free, real-time updates from Patch.

Fragiacomo was held on $2,500 bond and given a court date of May 18.

Police spokeswoman Sgt. Lisa Cotto said Frangiacomo's arrest was the result of a complaint from a city fire inspector who reported in March that on three occasions he observed a wood-burning stove on the rear patio of 5 Shaw Rd. creating a smoke condition.

Find out what's happening in Norwalkwith free, real-time updates from Patch.

Cotto said the inspector found the stove was burning wood and paper, resulting in a "smoke bank" five to seven feet high that extended over neighbors' properties. He reported the stove was not being used according to the manufacturer's instructions, was not anchored to the ground, and was not properly vented.

She said the inspector also advised that the stove could cause a fire to spread, and that it was positioned only 15 feet from Fragiacomo's house and 25 feet from a neighbor's house.

The stove was removed from the property as evidence in the investigation, Cotto said.

Reckless burning -- a class D felony -- is defined as intentionally starting a fire or causing an explosion that places a building in danger of destruction or damage.

A separate state statute regarding burning wood outdoors requires a wood-burning furnace be installed and operated in accordance with the manufacturer's written instructions. It also states an outdoor wood-burning furnace must be installed at least two hundred feet from the nearest residence that is not being serviced by the furnace

It says any person who operates an outdoor wood-burning furnace in violation of this statute shall be deemed to have committed an infraction and shall be fined not more than ninety dollars for every day of operation that is in violation of the statute.

The city ordinance Fragiacomo allegedly violated includes a requirement that a permit be obtained from the Fire Marshall's office to burn leaves and yard rakings, and only allows this burning if it "can be conducted in such a way and under such meteorological conditions as will not create a nuisance on the date or dates for which the permit has been given."

We’ve removed the ability to reply as we work to make improvements. Learn more here

The views expressed in this post are the author's own. Want to post on Patch?

To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com.