Fire Rescue News - Accused of illegal burning, Egg Harbor City fire official says he was toasting marshmallows in Mullica Twp

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According to courtroom testimony, Nardone, 62, who has been Egg Harbor City's fire official since 1989 and the city's full-time code-enforcement officer since 2007, admitted to police that he was responsible for the fire.

"The reason I had the fire was because my granddaughter wanted to roast marshmallows," Nardone told The Press of Atlantic City.

But Nardone appeared in front of Folsom Municipal Court Judge Frank J. Raso on Monday to challenge whether he needed to obtain a permit prior to lighting what his attorney - Eric Lubin, of the Atlantic City-based law firm Jacobs & Barbone - called a "recreational fire."

Lubin would not go into detail regarding the pending case, which is scheduled for a hearing March 15, but said he is "excited for Mr. Nardone to be vindicated... for what is plainly and clearly an ambiguous and conspicuous statutory scheme."

Folsom prosecutor James Curcio, of the Hammonton-based law office Curcio & Curcio, questioned Nardone's explanation for the fire.

"When someone tells me they are roasting marshmallows in their yard, I think of a backyard grill," Curcio said. "It's a different story to be lighting a fire out of other materials like wood and branches."

Curcio said he felt Nardone was challenging the summons because, due to his position as a municipal fire official and code-enforcement officer, he is looking for a clear definition of what the law requires.

"The thing that's important here is, there is a concern on the part of the township and the (state Forest) Fire Service throughout Atlantic County that recreational fires within a protected area are controlled and that proper notification is given and permission is issued," Curcio said. "Those are the issues that are at stake here and are under review."

Under New Jersey Forest Fire Law, written permission must be obtained prior to lighting any fire within designated protected areas, which are essentially areas that are more vulnerable to forest fires. Failure to do so can result in fines of as much as $5,000 and reimbursement costs associated with extinguishing the fire.

Contact Robert Spahr:  609-272-7283  RSpahr@pressofac.com