Risarcimento danni

What is forbidden to burn in the fireplace at home

The cold has now arrived and the first snowflakes have already appeared in various areas of Italy.
For those who have a fireplace at home, there is no better time than this to exploit its potential, enjoy a bit of warmth and, why not, the evocative atmosphere that gives an edge to the winter holidays.
In order not to ruin all this, however, it is important to have everything you need and above all the correct fuel.
Even if the fireplace is in the house, it is not possible to burn what you want because the fumes spread into the environment and can cause considerable inconvenience to the neighbors.
To avoid having to pay substantial compensation or, in the worst case scenario, committing a crime, you must follow the rules of the law.
On this point, sentence no.
is extremely useful.
6756/2022 of the Criminal Court of Cassation, which, expressing its opinion on a case concerning the use of materials unsuitable for burning in the fireplace, identified the different responsibilities of the author and a series of guiding principles to understand what is prohibited from burning in the fireplace.
home fireplace.
What is forbidden to burn in the fireplace at home The law does not provide a specific list of materials that can be burned in the fireplace at home, nor of suitable fuels.
We know, however, that the use of some products can constitute civil offenses and crimes and with this information it is possible to draw up a list of prohibited fuels for the fireplace.
In particular, taking into consideration the most used or most easily available products, it is forbidden to burn: Printed paper, including newspapers and magazines; plastic objects; tetrapack; polystyrene; wood treated with enamels or paints; objects containing aluminum or other metals.
This list also includes objects that are not very effective as fuel, but which sometimes end up in the fireplace due to being disposed of improperly.
As for wood, there are important considerations to make, because the treated materials can dissolve poisonous or otherwise harmful gases and also because some types of wood generate a lot of smoke and can easily annoy the neighbourhood.
Therefore, fir and chestnut wood should be avoided (both produce considerable smoke) and the following are categorically prohibited: Fig wood (since upon combustion it produces toxic smoke); chipboard wood panels; medium density; plastic or Formica laminate; in general all wood treated with solvents in the production phases and which therefore dissolve poisonous gases in combustion; wood waste treated with glue from carpentry, carpentry and furniture factories.
read also Bioethanol fireplace or stove, how much it consumes and heats What risks those who burn materials not permitted in the fireplace Burning wood or other material in the home fireplace can constitute the crime of dangerous throwing of things (article 674 of the Criminal Code) when gas and smoke they can “offend, besmirch or harass people”.
This crime, punished with imprisonment of up to 1 month or a fine of up to 206 euros, occurs when materials are burned that are dangerous because they are polluting, toxic or even just very smoky and therefore capable of damaging people's breathing and health.
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The injured parties, usually neighbors, also have the right to request compensation for the damages suffered.
This right is also independent of the possibility of a crime and can be exercised when the emissions of smoke and gas exceed normal tolerability, creating inconvenience to the daily life of neighbors, without harming their health.
According to what is established by the aforementioned ruling of the Supreme Court, however, the criterion of normal tolerability as understood by the Civil Code is also useful to define the threshold of the crime when the fumes are not strictly harmful, a hypothesis limited to large quantities which in any case damage the right to health .
Outside of these hypotheses, we remain in the field of civil tort.
You must therefore pay close attention to the emissions caused by your chimney, also making sure that the emissions occur in accordance with any regional decrees on the matter.
Furthermore, the same attention must also be paid to other emissions of gas and smoke, such as the use of a smoker for food or cigarette smoke.
read also Fine for those who light fireplaces and stoves, in these regions you pay up to 5,000 euros

Author: A.W.M.

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