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VILLAGE OF CHAUVIN
BYLAW 2020-05
A BYLAW TO CONTROL AND REGULATE BURNING, FIRE PITS AND FIREWORKS
WITHIN THE VILLAGE OF CHAUVIN
WHEREAS under provisions of Section 7of the Municipal Government Act being chapter M-
26.1 of the Revised Status of Alberta 1994 (as amended) council may pass a bylaw for
municipal purposes respecting the safety, health and welfare of people and the protection of
people and property and;
WHEREAS the Council of the Village of Chauvin in the Province of Alberta, assembled in
duly constituted meeting deems it necessary that the Bylaw be passed to regulate burning
fire pits and fireworks within the Village of Chauvin,
NOW THEREFORE be enacted that:
Part 1
SHORT TITLE AND DEFINITIONS
This Bylaw may be cited as "The Fire Burning Bylaw"
In this Bylaw:
a) Burnable Debris means material other than Prohibited Debris burned
in accordance with the Permit and all applicable Statues and Bylaws
including but not limited to materials such as:
I.
straw and stubble
II.
grass and weeds
III.
leaves and tree pruning's
IV.
brush and fallen trees on newly cleared land
V.
used power, telegraph and telephone poles that do not contain
wood preservatives
VI.
wooden materials from the construction or demolition of
buildings which does not contain wood preservatives
b) Prohibited Debris means any inflammable waste that, when burned
may result in the release to the atmosphere of dense smoke, offensive
odors or toxic substances as defined in any applicable Statues and
Bylaws including but not limited to:
I.
animal cadavers
II.
animal manure
III.
Pathological waste
IV.
non-wood material
V.
combustible material in automobiles and automobile bodies
VI.
tires
VII.
rubber or plastic, or anything containing or coated with rubber
or plastic or similar substances, except rubber or plastic
attached to shredded scrap steel
VIII.
used oil
IX.
wood or wood products containing substances for the purpose
of preserving wood; and
X.
household refuse
c) Acceptable Fire Pit means:
I.
a minimum of 3 meters clearance, measured from the nearest
fire pit edge is maintained from buildings, property lines or any
combustible materials.
II.
the fire pit height does not exceed 0.6 meters when measured
from the surrounding grade to the top of the pit opening.
III.
the fire pit opening does not exceed 1 meter in width or in edge
and is covered ¼ inch metal mesh grate at all times, except
when wood is being put into the fire pit.
IV.
the fire pit installation has enclosed sided constructed from
bricks, heavy gauge metal or other non-combustible materials
and is built on a non-combustible base, acceptable to the
Development Officer or Fire Chief
V.
only clean wood shall be burned in the fire pit and
consideration should be given to neigbours when wind is
blowing in the direction of their open windows. Smoke shall be
kept to a minimum.
d)
Open Air Fire Permit means the permit to burn, issued by the
Development Officer or Fire Chief in accordance with this
Bylaw.
e)
Portable Barbeques means any appliance sold or constructed
for the purpose of cooking food outdoors, normally fueled by
liquid propane gas, natural gas, compressed briquettes or
charcoal.
Part 2
OPEN AIR FIRE PERMITS
No person shall burn and no owner or occupier of land shall permit or allow to
be burned any Prohibited Debris in the Village of Chauvin.
No person shall burn and no owner or occupier of land shall permit or allow to
be burned any Burnable Debris unless such person holds a Burning Permit.
No person shall burn and no owner or occupier of land shall permit or allow to
be burned any Burnable Debris except in accordance with the terms of the
Burning Permit.
There will be no burning barrels permitted on property within the Village of
Chauvin.
PART 3
FIRE PITS
Notwithstanding Part 2, a permit shall not be required under this Bylaw to
conduct the cooking of food using a Barbeque.
No burning in an unacceptable fire pit shall take place unless:
a) a means acceptable to the Development Officer or Fire Chief of
controlling or extinguishing the fire is available on the property and
within reasonable distance from where the fire occurs; and
b) a responsible adult is present on the property when the fire is burning.
PART 4
PERMITS REQUIRED FOR BURNING
a) Any application for a Burning Permit that does not conform to the
Bylaw shall be forwarded to the Municipal Planning Commission.
b) Each application for a Burning Permit must contain the following
information:
I.
the name and address of the applicant and the name and
address of the owner of the land on which the burning is to take
place
II.
the legal or municipal address of the land on which the
applicant proposes to conduct burning
III.
the type and description of material which the applicant
proposes to burn
IV.
the signature of the applicant
V.
the written consent by the owner of the land for the proposed
burning (if different than the applicant)
PART 5
FIREWORKS
Fireworks means the Fireworks listed in class 7, Division 1 ,and Class
7, Division 2 Subdivision 1 and 2 in Section 14 of the Explosives Act
(Canada) and regulations under the Act.
Any persons wanting to use fireworks inside the Village of Chauvin is
required to apply for a Fireworks Permit and must adhere to the
following:
a) Applicant must be the person supervising the firing of
fireworks.
b) Chauvin Fire Department must be made aware of the
permit and give approval prior to discharge of fireworks.
c) Applicant takes on full responsibility of any damage to
neighbouring property.
d) Applicant must, to the best of their ability, clean up any
debris remaining after fireworks have been discharged,
this includes neighbouring properties.
e) Failure to both apply and/or receive approval to
discharge fireworks may result in fines.
f) a responsible adult is present on the property when the
fireworks are discharged
The Chauvin Fire Department reserves the right to refuse the
discharge of fireworks if they deem it unsafe on the scheduled day due
to weather, fire ban or other extenuating circumstances.
PART 6
EFFECTIVE DATE
This Bylaw shall come into force upon receipt of its third and final
reading and will replace previous Bylaws and policies pertaining to fire
burning, fire pits and fireworks.
Read a first time this _________ day of _________________, 2020.
Read a second time this _________ day of _______________, 2020.
By unanimous consent of council, read a third time and passed this _______ day of
________________, 2020.
------------------------------------
Mayor
------------------------------------
Acting CAO
BYLAW 2020-05 PERMIT FEES & PENALTIES
PERMIT FEES
Burning Permit
No Charge
Fire Pit Permit
$5.00 (charged yearly)
Fireworks Permit
No Charge
FINES
Burning without Permit
$500.00
Failure to Comply with Burning Regulations
$500.00
Use of Fire Pit without Permit
$100.00
Failure to Comply with Fire Pit Regulations
$100.00
Discharge of Fireworks without Permit
$500.00
Failure to Comply with Fireworks Regulations
$500.00