Maryland Volunteer Fire Department Pleads Guilty to Unlawful Burning

Posted by: Curt Varone October 27, 2011 0

Does the headline really say that? Yes it does. The Fairmount Volunteer Fire Department and two men, Ryan Miller and James Taylor, pled guilty to criminal charges of unlawful burning after they burned Miller’s demolished house in Westover, Maryland, without getting clearance from the Somerset County.

Miller had filed a request for a permit to burn down his house but it was denied by Somerset County because the house was already in a demolished condition. As such it constituted solid waste and was subject to solid waste disposal laws. Taylor, who was an assistant fire chief for Fairmount VFD, conducted the burn along with Miller on December 10, 2010.

Following County investigation, Fairmount, Miller and Taylor were charged with a criminal offense of conducting an open fire without a permit, which carries a maximum sentence of one year in jail and a $25,000 fine. Each defendant was ordered to pay a fine of $2,000 to the Maryland Clean Air Fund, and Miller was ordered to 30 hours of community service.

More on the story.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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