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HomeMy WebLinkAbout01 127 open air burning e e . e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2001 -127 BEING A BY-LAW TO REGULATE OPEN AIR BURNING WITHIN THE MUNICIPAL TV OF KINCARDINE WHEREAS the Municipal Act Chapter M.45 section 210, paragraph 35 provides that Council may prescribe for the whole or any part of the municipality the times during which fires may be set in the open air, and the precautions to be observed by persons setting such open air fires; AND WHEREAS section 210, paragraph 49 of the Municipal Act, provides that Council may make such other regulations for preventing fires and the spread of fires as is considered necessary; AND WHEREAS section 326 of the Municipal Act authorizes where a municipal council has the authority to direct or require by by-law or otherwise that any matter or thing be done, the council may by by-law direct that, in default of its being done by the person directed or required to do it, such matter or thing shall be done at the person's expense and the corporation may recover the expense incurred in doing it by action or the same may be recovered in like manner as municipal taxes or council may provide that the expense incurred by it, with interest, shall be payable by such person in annual installments not exceeding ten years; AND WHEREAS section 220.1 of the Municipal Act authorizes a municipality to pass a by-law imposing a fee or charge on any class of persons for services or activities provided or done by or on behalf of it; AND WHEREAS section 2.6.3.4 of the Ontario Fire Code provides for the prohibition of open air burning unless approved or unless such open air burning consists of the use of a barbecue to cook food, provided such devices contain a small contained fire which is supervised at all times. NOW THEREFORE, the Council of the Municipality of Kincardine ENACTS as follows: 1. Definitions In this By-law: Municipality - defined "Municipality" shall mean the Corporation of the Municipality of Kincardine. .../2 - e e e Open Air Burning By-Law By-Law No. 2001 - 127 Page 2 Applicant - defined "Applicant" shall mean the person, organization, company or group that makes application to the Fire Chief for permission to hold an open air burning. Barbecue - defined "Barbecue" appliances including a hibachi, a permanent structure designed and intended solely for the cooking of food in the open air and other similar devices designed and intended solely for the cooking of food in the open air, but does not include devices designed for personal warmth, fire pits or camp fires. Fire Chief - defined "Fire Chief' shall mean the Fire Chief of the Kincardine Fire Station, the Fire Chief of the Tiverton Fire Station and the Fire Chief of the Paisley Fire Station. Fire - defined "Fire" means the burning or combustion of materials in the open air, but shall not include any fire entirely contained in an apparatus designed, constructed or manufactured for the purpose of barbecuing food for consumption in a charcoal or propane barbecue. Prohibited Material - defined "Prohibited Material" shall include, but is not limited to, materials such as automobile and truck bodies, tires, oil, grease, paint, rags, plastics, wire, leaves, asphalt shingles, rubber, construction materials, insulation and flammable or combustible liquids or accelerants. Recreational Fire - defined "Recreational Fire" means a fire that burns within an area that is no larger than one (1) metre in diameter provided such fire is used for warmth or cooking food (camp fire). 2. Administration: This by-law shall be administered by the Fire Chief or designate. 3. Prohibitions: No person may set a fire or allow a fire to burn except in accordance with the following provisions: 3.1 No person may set a fire or allow a fire to burn except in accordance with the provisions of this By-law and all applicable provincial, municipal and federal laws and regulations; 3.2 With the exception of barbecue fires (charcoal or propane), no person may set a fire or allow a fire to burn in the open air without obtaining a permit from the Chief Fire Officials; 3.3 No person may burn prohibited materials; 3.4 No person may burn leaves; ../3 e e e e 4. Open Air Burning By-Law By-Law No. 2001 - 127 Page 3 3.5 No person may set or allow an uncontained fire to burn, such as a grass fire. Fires shall be set or allowed to burn in a container, apparatus, or physical construction that is capable of controlling the spread of fire; 3.6 Every person present at a fire shall ensure that an adequate means of extinguishing the fire is available at the fire site while the fire is burning; without limiting the generality of the foregoing, every permit holder shall ensure that the means of extinguishing the fire required in the terms of the permit is available at the fire site at all times while the fire is burning to the satisfaction of the Chief Fire Officials. Prohibited Locations: No person may set a fire or allow a fire to burn except in accordance with the following locational criteria; 4.1 No fire may be set or allowed to burn in the front, side or rear yard of any commercial or industrial property; 4.2 No fire other than a recreational fire (three (3) metres) may be set or allowed to burn where said fire is less than fifteen (15) metres from any building, structure, hedge, tree, fence, highway or vehicular right of way, overhead wire or combustible material of any kind; 4.3 No fire may be set or allowed to burn on a public highway or land that is owned by the Municipality without a permit therefore; 4.4 No fire may be set or allowed to burn on any land or premise without the consent of the owner of such land or premise; 4.5 No fire may be set or allowed to burn on any land or premise where construction of a building or structure is going on; 4.6 No fire other than a recreational fire may be set to burn between sunset on the evening of any day and sunrise on the following day; 4.7 No fire may be set during a fire ban declared by the Chief Fire Officials. 5. General Provisions 5.1 Notwithstanding the issuance of a permit and with or without a permit, no person may set or allow a fire to burn when the direction or intensity of the wind may cause: i) a decrease in visibility on any highway; ii) any odour or smoke to such an extent or degree so as to cause discomfort to persons, or hazards to health, cause loss of enjoyment or normal use of property in the immediate area; iii) a rapid spread of fire through grass to a bush area. .../4 e e e e Open Air Burning By-Law By-Law No. 2001 - 127 Page 4 5.2 Failure to extinguish - liable for costs Should the applicant fail to immediately extinguish the fire upon notification from the Fire Chief, the applicant may be held liable for any and all costs incurred by the Municipality of Kincardine Fire Services in its efforts to extinguish the fire. 5.3 Order to extinguish unapproved fires When made aware of an unapproved open air burning, the Fire Chief shall order the land owner or occupant to immediately extinguish the fire. 5.4 Order - owner - occupant - extinguish fire The owner or occupant of land on which an unapproved open air burning is located, shall immediately extinguish the fire upon being ordered to do so by the Fire Chief. 5.5 Failure to extinguish unapproved fires - liable for costs Should any land owner or occupant fail to extinguish an unapproved fire when ordered to do so by the Fire Chief, the Fire Chief may take action to have the fire extinguished, and the person who owns or occupies the land on which the open burning is located shall be responsible for any and all costs incurred by the Municipality of Kincardine Fire Services in its efforts to extinguish the fire. 6. Issuance of Permit 6.1 The Chief Fire Officials are hereby delegated authority to approve of the setting of fire in accordance with the provisions of this by-law, provided the applicant has completed the form of permit attached hereto as Schedule "B": 6.2 Notwithstanding the provisions of this by-law in relation to the types of material that may be burned and the requirements for contained fires, any person who is actively farming land and who wishes to set or maintain a fire, on farm lands for purposes which are normal and incidental to the farm use shall obtain a permit in relation to the period proposed for the burning provided all other provisions of this by-law are satisfied and the permit will require the applicant to notify the Chief Fire before setting the fire. 6.3 The fire permit may be cancelled at any time by the Fire Chiefs or his/her designate, and immediately upon receiving notice of such cancellation the permittee shall extinguish any fire started under the permit. 6.4 The Fire Chief may refuse to grant a permit for an open air burning if the proposed open air burning would be in contravention of this by-law, if the applicant has contravened the provisions of this by- law in the past or if the applicant has not complied with any conditions attached to a permit for an open air burning that may have been imposed by the Fire Chief on a previous occasion. ...15 Open Air Burning By-Law By-Law No. 2001 - 127 Page 5 e 7. Penalty 7.1 No Person shall fail to comply with regulations as set out in this by- law. 7.2 Every person who contravenes any provisions of this by-law is guilty of an offence and on conviction is liable to a fine as provided in the attached Schedule "A". 7.3 Any person who sets or allows a fire to burn without a permit and any person with a permit who is unable to control such fire, leading to the response of the fire department, shall be liable for the expenses of the fire department, including personnel, equipment and apparatus costs necessary to investigate, respond and extinguish the fire. e 7.4 The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted. 7.5 The Municipality has the right to collect any unpaid costs associated with sections 5.2,5.5 and 7.3 of this by-law by action, in a like manner as municipal taxes, or the Municipal Council may provide that the expense incurred, with interest, shall be payable in annual installments not exceeding ten years. 8. This by-law will supercede any by-law that is in conflict with this by-law. 9. This by-law shall come into full force and effect upon its final passing. 10. This by-law may be cited as the "Open Air Burning By-Law". e READ a FIRST and SECOND time this 12th day of September, 2001. READ a THIRD time and DEEMED TO BE PASSED this 24th day of October, 2001. ::1~ ayor Clerk e MUNICIPALITY OF KINCARDINE SCHEDULE "A" TO BY-LAW NO. 2001-127 ITEM COLUMN 1 COLUMN 2 COLUMN 3 DESCRIPTION OF PROVISIONS SET FINES OFFENCE CREATING OFFENCE INCLUDING COST 1. Set or allow fire to burn in Section 3.1 $50.00 contravention of bylaw 2. Failing to obtain a permit Section 3.2 $50.00 3. Burning prohibiting materials Section 3.3 $50.00 4. Burning leaves Section 3.4 $50.00 5. Setting an uncontained fire Section 3.5 $50.00 6. Inadequate means to Section 3.6 $50.00 extinguish fire 7. Fire in a side or rear yard of Section 4.1 $50.00 commercial or industrial property 8. Recreational fire within 3 Section 4.2 $50.00 metres of building, structure, highway, overhead wire or combustible material 9. Fire other than recreational Section 4.2 $50.00 fire set within 15 metres of structure, highway, overhead wire or combustible material 10. Fire on public land or highway Section 4.3 $50.00 11. Failure to obtain permission Section 4.4 $50.00 12. Fire on land or premises Section 4.5 $50.00 where construction of a building or structure is ongoing 13. Fire between sunset and Section 4.6 $50.00 sunrise 14. Fire during ban Section 4.7 $500.00 15. Fire causing a nuisance or Section 5.0 $100.00 danger The penalty provisions for the offences indicated above is Section 7 of By-law Number 2001-127 a certified copy of which has been filed. MUNICIPALITY OF KINCARDINE SCHEDULE "B" TO BY-LAW NO. 2001-127 TIVERTON. KINCARDINE AND PAISLEY FIRE STATIONS OPEN BURNING PERMIT Fire permits are required for all fires except for the purpose of barbecuing food for consumption on a charcoal or propane barbecue. PERMIT # Kincardine Station ( ) ( ) DATE: Tiverton Station Paisley Fire Department ( ) NAME: ADDRESS: DATE OF ISSUE: FOR THE PERIOD OF: LOCATION OF BURNING PERSON IN CHARGE OF BURNING: MATERIAL TO BE BURNT: PHONE # PERMIT APPROVED BY FIRE CHIEF OR INSPECTOR OFFICIAL PERMIT HOLDER SHALL NOTIFY FIRE DEPARTMENT BEFORE USING THIS FIRE PERMIT FOR EACH FIRE. FOR TIVERTON AND KINCARDINE STATIONS CALL 396-4800, PAISLEY STATION 353-7165. NOTE: AT TIME OF BURNING PERMIT MUST BE IN THE POSSESSION OF THE PERSON IN CHARGE OF BURNING. THE FIRE MUST BE SUPERVISED AND CONFINED AT ALL TIMES. ANY COMPLAINT OF MISUSE, SMOKE, ETC. TO THE FIRE DEPARTMENT AND THE PERMIT WILL BE CANCELLED. FIRE MUST BE OUT BEFORE LEAVING. FIRE MUST NOT BE LIT PRIOR TO ONE HALF HOUR BEFORE SUNRISE AND MUST BE EXTINGUISHED BY ONE HALF HOUR AFTER SUNSET (EXCEPTION RECREATIONAL FIRE). NOT FOR THE BURNING OF LEAVES, GRASS, TIRES, TRASH, GARBAGE OR ANYTHING THAT CREATES HEAVY SMOKE. (THIS PERMIT DOES NOT STOP YOU FROM GETTING CHARGED BY THE MINISTRY OF THE ENVIRONMENT.) KINCARDINE FIRE STATION MONDAY - FRIDAY - 08:30 -16:30 HRS. - OFFICE PHONE # 396-2141 TIVERTON FIRE STATION - OFFICE PHONE # 368-7711, PAISLEY FIRE DEPARTMENT - OFFICE PHONE # 353-7165. IF YOU HAVE TO CHANGE THE DATE OF BURNING, NOTIFY THE CHIEF(S) AT THE FIRE HALL OFFICE (S).