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The Dangers of Reckless Burning in Tennessee

Tennessee's penal code recognizes that an intentionally set fire may not necessarily be arson, but is still a criminal act if it gets out of control and causes property damage. A recklessly set fire can also harm the environment, cause any number of health problems and land the person who started it in jail.
  1. Property Damage

    • One of the most obvious dangers of reckless burning is damage to personal property, such as vehicles, businesses, homes and other structures. Even if a fire does not destroy a building, smoke damage and structural weakness caused by the extreme heat may render a building unusable. A property owner who suffers damages from a recklessly set fire may bring a civil lawsuit against the person who set it to get monetary restitution.

    Health

    • Reckless burning can be harmful to air quality, as well as the health and well-being of people in the area. Smoke, especially from items that contain plastics and rubber, causes irritation to the lungs and eyes of even healthy people. People who suffer from asthma, emphysema or other breathing problems may face serious health risks if an open-air fire is set near their homes. The Tennessee Department of Health reported in 2009 that 750,000 state residents have been diagnosed with asthma. A recklessly set fire that gets out of control could cause injuries to firefighters trying to put it out or even kill someone if it spreads to nearby occupied buildings.

    Environment

    • Tennessee has many open areas and 15 state forests. In the west are the cypress swamps, and in the east, are the woodlands of the Great Smoky Mountains. Every year, fire threatens the state's unpopulated grasslands, woodlands and forests. Reckless burning can easily cause forest fires, especially in the dry summer. In 2010, campfires that weren't properly maintained or put out accounted for 37 fires and 667 burned acres, according to the Tennessee Department of Agriculture. State law requires Tennessee residents to secure a burning permit if they plan to start an open-air fire within 500 feet of a woodland or grassland.

    Arrest

    • Tennessee law classifies reckless burning as a crime. In the Tennessee Codes Annotated, if you start a fire on the personal property, land or building of another person, you can be charged with a Class A misdemeanor. If you start a fire on your own property and do not control it, causing it to spread to another person's property, you can be held responsible for reckless burning. A person can also be charged with reckless burning if an open-air or unconfined fire is purposely started while a burn ban issued by the state commissioner of agriculture is in effect. A Class A misdemeanor is punishable by up to $2,500 in fines and up to a year in prison.


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