HomeMy WebLinkAbout17 136 Open Air Burning By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2017 - 136
BEING A BY-LAW TO REGULATE OPEN AIR BURNING
WITHIN THE MUNICIPALITY OF KINCARDINE
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25 as amended,
Section 8 (1) and 9 provide that the powers of a municipality under this or any
other Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
• appropriate and to enhance the municipality's ability to respond to municipal
issues and has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 425 and 429 of the Municipal Act, 2001, S.O. 2001, c.
25, authorize a municipality to create offences and to establish fines for offences
under by-laws;
AND WHEREAS Section 7.1 (1) of the Fire Protection and Prevention Act, S.O.
1997, c. 4. As amended provides authority to the Council of a municipality to pass
by-laws to regulate fire prevention including the prevention of spreading fires, and
regulating the setting of open-air fires, including establishing the times during
which open-air fires may be set;
AND WHEREAS Section 7.1.(3). Of the Fire Protection and Prevention Act, 1997,
S.O. 1997, c.4, as amended, provides that a by-law under this section may deal
with different areas of the municipality differently;
AND WHEREAS Part 2 of the Ontario Fire Code, O. Reg. 388/97, provides that
• open-air burning shall not be permitted unless approved, or unless such burning
consists of a small confined fire supervised at all times, and used to cook food on
a grill or barbeque or such burning take place in an appliance that is in
compliance with the Technical Standards and Safety Act, 2000, for outdoor use
and is installed in accordance with the manufacturer's instructions;
AND WHEREAS Council considers excessive smoke, odour, airborne sparks or
embers, and airborne particles of burnt materials to be or become or cause public
nuisance by creating negative health effects on neighbouring residents, increasing
fire exposure hazards, infringing the enjoyment of the use of neighbouring
properties and generating false fire alarms;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1.0 DEFINITIONS
In this By-law:
(a) "Municipality" shall mean The Corporation of the Municipality of
• Kincardine,
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(b) "Applicant" shall mean the person, organization, company or group
that makes application to the Fire Chief for permission to hold an
• open air burning.
(c) "By-law Enforcement Officer" shall mean the By-law Enforcement
Officer of the Municipality of Kincardine.
(d) "Chief Fire Official" — "Chief Fire Official" shall mean the Fire Chief of
Kincardine Fire and Emergency Services or their appointed
designates at the Kincardine and Tiverton Fire Stations.
(e) "Barbeque" 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.
(f) "Open Air 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.
• (g) "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.
(h) "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).
2.0 ADMINISTRATION
2.1 The Fire Chief, their designate, or the By-Law Enforcement Officer
shall be responsible for the administration and enforcement of this
By-Law.
2.2 The Chief Fire Official is 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 recreational or open air
burning permit form.
S 2.3 The Chief Fire Official or designate is hereby authorized to enter, at
all reasonable times and upon any property in the Municipality, in
order to ascertain whether the provisions of this by-law are being
obeyed. The Fire Chief or his designate is hereby further
empowered to enforce or carry into effect the provisions of this By-
law.
3.0 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 barbeque 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 Official;
3.3 Only the following materials may be burned: wood, organic materials
• and paper products. Under no circumstances may paint, solvents,
rubber, wire (including coating), plastics, asphalt, shingles, toxic
chemicals, or any materials that violate the regulations of the
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Ministry of the Environment be burned, ignited or added to the fire at
any time;
• 3.4 No person may burn leaves;
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 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;
3.7 All Open Air Burning shall comply with the provisions of the
Environmental Protection Act, R.S.O. 1990, c.E. 19, as amended.
3.8 No Open Air Burning shall be permitted when a Smog Alert has
been issued for the forecast area of the Municipality of Kincardine.
3.9 No fire may be set during a fire ban declared by the Chief Fire
Official.
3.10 Persons 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 Official.
3.11 No fire shall be left unattended.
3.12 No person shall ignite or use a flying lantern.
4.0 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 may be set or allowed to burn
where said fire is less than fifty (50) metres from any building,
structure, hedge, tree, fence, highway or vehicular right of way,
overhead wires and within five (5) metres of any combustible ground
• cover.
4.3 No recreational fires may be set or allowed to burn where said fire is
less than three metres from any building, structure, hedge, tree,
fence, highway or vehicular right of way, overhead wire or
combustible material of any kind.
4.4 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;
4.5 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;
4.6 No fire may be set or allowed to burn on any land or premise where
construction of a building or structure is going on;
4.7 No person shall use or cause to be used any fuel burning barbeque
or open air fire of any kind on balconies of multi-residential buildings
unless the appliance is approved for such use by the governing
body of the product's manufacturing industry.
• 5.0 GENERAL PROVISIONS
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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 the grass to a bush area.
5.2 In issuing a Permit for Open Air Burning, the Fire Chief or designate
may impose any additional requirements and/or exempt any
conditions under Sections 3 and 4 of this By-Law as the Fire Chief
or designate considers necessary in the interest of public safety, or
to minimize inconvenience to the general public or to comply with
the intent of this By-Law.
5.3 Failure to extinguish — liable for costs.
Should the applicant fail to immediately extinguish the fire upon
notification from the Chief Fire Official or their designate, the
applicant may be held liable for any and all costs incurred by
• Kincardine Fire and Emergency Services in its efforts to extinguish
the fire.
5.4 Order to extinguish unapproved fires.
When made aware of an unapproved open air burning, the Chief
Fire Official or designate shall order the land owner or occupant to
immediately extinguish the fire.
5.5 Order— owner or occupant to 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 Chief Fire Official.
5.6 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 Chief Fire Official, the Chief Fire
Official 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 Kincardine Fire
• and Emergency Services in its efforts to extinguish the fire.
5.7 Indemnification.
All persons granted permission under this by-law shall indemnify
and save harmless the Municipality of Kincardine from any and all
claims, demands, causes of action, losses, costs or damages that
the Municipality of Kincardine may suffer, incur or be liable for
resulting from the issuance of fire permits as set out in this by-law or
its predecessor, whether with or without negligence on the part of
the applicant, the applicant's employees, directors, contractors and
agents.
6.0 ISSUANCE OF PERMITS
6.1 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 Official before setting the fire.
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6.2 The fire permit may be cancelled at any time by the Chief Fire
Official or his/her designate, and immediately upon receiving notice
• of such cancellation, the permittee shall extinguish any fire started
under the permit.
6.3 The Chief Fire Official 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 Chief Fire Official on a previous
occasion.
7.0 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.
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 5.3, 5.6 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
instalments not exceeding ten years.
8.0 Miscellaneous
• 8.1 That By-law No. 2001-127 be hereby repealed.
8.2 That this by-law shall come into full force and effect upon its final
passing.
8.3 This By-law may be cited as the "Open Air Burning By-Law".
READ a FIRST and SECOND TIME this 4th day of October , 2017.
READ a THIRD TIME and FINALLY PASSED this 4th day of October, 2017.
r-Iorry.,, 0 U?t LQ
Mayor Deputy lerk
•
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PART I PROVINCIAL OFFENCES ACT
• THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW NO. 2017-136
Being a By-law to Regulate Open Air Burning Within the Municipality of Kincardine
Item COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Offence Creating or Set Fines
Defining Offence
1 Set or allow fire to burn in Section 3.1 $200.00
contravention of bylaw
2 Failing to obtain a permit Section 3.2 $150.00
3 Burning prohibiting materials Section 3.3 $200.00
4 Burning leaves Section 3.4 $150.00
5 Fail to ensure fire is properly Section 3.5 $200.00
attended
6 Fire burning during prohibited Section 3.6 $150.00
hours
7 Fire during fire ban Section 3.9 $200.00
• 8 Burning without adequate Section 3.10 $150.00
means of extinguishment
9 Use of prohibited flying lanterns Section 3.11 $150.00
10 Fire in a side or rear yard of Section 4.1 $150.00
commercial or industrial property
11 Recreational fire within 3 metres Section 4.2 $150.00
of building, structure, highway,
overhead wire or combustible
material
12 Fire other than recreational fire Section 4.3 $150.00
set within 50 metres of structure,
highway, overhead wire or
combustible material
13 Fire on public land or highway Section 4.5 $150.00
14 Fire on land or premises where Section 4.6 $150.00
construction of a building or
structure is ongoing
15 Burning adversely affecting Section 5.1 $150.00
other persons
• 16 Permit a fire which decrease Section 5.1(i) $150.00
visibility on a highway
17 Failure to extinguish fire or Section 5.4 $200.00
comply when ordered
The penalty provisions of the offences listed above in Section 7.2 of By-law No.
2017-136, a certified copy of which has been filed.
•