Bylaw 4-2021 Outdoor Fire

Strathcona County, Alberta

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Bylaw 4-2021 Page 1 BYLAW 4-2021 OUTDOOR FIRE BYLAW Section 7 of the Municipal Government Act permits Council to pass bylaws for municipal purposes in relation to the safety, health and welfare of people and the protection of people and property, and to create offences and impose fines and penalties; and Section 8 of the Municipal Government Act permits Council to regulate or prohibit particular activities, industries, businesses, or other things; and Section 3(c) of the Municipal Government Act states that the development and maintenance of safe and viable communities is one of the purposes of a municipality; and Council recognizes that outdoor fires can easily lead to running fires, become dangerous, and present a risk to the safety, health, and welfare of persons and the safety of property within Strathcona County, particularly when certain precautions are not taken to ensure that the fires are monitored and controlled appropriately; Therefore Council enacts: PART I - PURPOSE, DEFINITIONS AND INTERPRETATION Purpose 1 The purposes of this bylaw are to: (a) establish rules governing burning and outdoor fires within Strathcona County; and (b) prevent wildfire incidents that have the potential to cause serious damage to persons and property; and (c) prevent uncontrolled fires of any kind. Citation 2 This bylaw is cited as the Outdoor Fire Bylaw. Definitions 3 In this bylaw: (a) "burn barrel fire" means a fire, in a non-combustible container with an open top, that is used to burn household refuse, and includes devices typically referred to as incinerators; (b) "bylaw enforcement officer" means an individual appointed or authorized by the Chief Commissioner to enforce County bylaws, including a peace officer and a police officer; (c) "Chief Commissioner" means the chief administrative officer of the County or delegate; Bylaw 4-2021 Page 2 (d) "County" means the municipal corporation of Strathcona County, a specialized municipality established under the authority of the Municipal Government Act, RSA 2000, c M-26 and Order in Council 761/95; (e) "Fees and Charges Bylaw" means the County's Fees, Rates and Charges Bylaw, Bylaw 37-2019, as amended or replaced; (f) "fire ban" means a partial or complete ban of any burning as declared pursuant to this bylaw; (g) "fire permit" means a permit issued under this bylaw, which permits a particular type of burning, under the conditions specified as part of the permit or this bylaw; (h) "fire pit" means a structure used for recreational fires, and that; i. is fully enclosed on all sides; and ii. is constructed entirely from brick, concrete block, heavy gauge metal, or other non-combustible material; and iii. is located at least three metres from any building, property line, or combustible material; and iv. is fueled only by charcoal or by dry, preservative-free wood or wood products; and v. is covered with a non-combustible mesh screen with openings no greater than 13 millimetres across. (i) "fire place" means a structure used for outdoor fires, and that: i. is constructed entirely from brick, concrete block, heavy gauge metal, or other non-combustible material; and ii. has a base fire burning area that is at least 30 centimetres above the surrounding surface grade; and iii. has a fire burning area that is no more than 1.25 metres wide in any direction and is between 40 centimetres and 60 centimetres deep; and iv. has a chimney that extends at least 2.5 metres above the base fire burning area; and v. is covered with a non-combustible mesh screen with openings no greater than 13 millimetres across; and vi. is located at least one metre from any building, property line, or combustible material; and vii. is fueled only by charcoal or by dry, preservative-free wood or wood products. (j) "hamlet" means a hamlet, as set out and mapped in the County's Municipal Development Plan Bylaw 20-2017, as amended or replaced; Bylaw 4-2021 Page 3 (k) "Municipal Government Act" means the Municipal Government Act, RSA 2000, c M-26; (l) "municipal tag" means an offence notice issued pursuant to this bylaw; (m) "outdoor fire" means any fire that is not contained within a residence; (n) "peace officer" means an individual appointed by the province of Alberta under the authority of the Peace Officer Act, SA 2006, c P- 3.5, as a peace officer, and with the authority to enforce this bylaw, and includes a police officer; (o) "propane or gas appliance" means an appliance or device that is designed, and is being used, to contain a fire that burns exclusively propane gas, natural gas, or naphtha (sometimes referred to as white gas), and which fire can be immediately extinguished by using a manual mechanism such as a valve to completely cut off the source of fuel to the fire; (p) "person" means an individual or an incorporated entity; (q) "prohibited material" means the materials and items set out in Schedule B; (r) "Provincial Offences Procedure Act" means the Provincial Offences Procedure Act, RSA 2000, c P-34; (s) "recreational fire" means a fire that is used for the purposes of cooking, warmth, or viewing pleasure, and that is fully contained within a; i. fire pit; ii. fireplace; iii. propane or gas appliance; or iv. solid fuel appliance. (t) "residence" means an enclosed property, home, house, shelter, room, place, building, or structure, including a portion of a multi- unit building or structure, that is occupied by, in the possession of, or under the control of a person who lives or resides there, but does not include the lands associated to it or any structure that is not enclosed on all sides and above; (u) "solid fuel appliance" means an appliance or device that is designed, and is being used, to burn solid fuels including wood or wood products, charcoal briquettes, and fuel pellets, and that: Bylaw 4-2021 Page 4 i. is constructed entirely from brick, concrete block, heavy gauge metal, or other non-combustible material; and ii. has a base fire burning area that is at least 30 centimetres above the surrounding surface grade; and iii. has a fire burning area that is no more than 1.25 metres wide in any direction; and iv. is installed and used according to the manufacturer's specifications. (v) "smudge fire" means a fire for the purpose of repelling insects or to prevent frost damage to crops; (w) "stubble burning fire" means a fire used to burn the crop residue of annual forage, cereal, oilseed, or pulse crops resulting from a harvesting operation; (x) "urban service area" means the urban service area as set out and mapped in the County's Municipal Development Plan Bylaw 20- 2017; (y) "violation ticket" means a ticket issued pursuant to the Provincial Offences Procedure Act, RSA 2000, c P-34; Interpretation 4 The following rules apply to interpretation of this bylaw: (a) The word "including" means "including, but not limited to"; (b) Headings, titles, and preambles in this bylaw are for ease of reference only; (c) References to one gender includes all genders, and the singular includes the plural as the context requires; (d) Every provision of this bylaw is independent of all other provisions and if any provision of this bylaw is declared invalid by a Court, all other provisions of this bylaw remain valid and enforceable; (e) References to bylaws and enactments in this bylaw include amendments and replacement bylaws and enactments, and regulations and orders thereunder; and (f) All offences under this bylaw are strict liability offences. Application 5 Nothing in this bylaw relieves a person from the obligation to comply with a provision of any other bylaw or enactment, or the requirements of a permit, order, or license issued under another bylaw or enactment. Bylaw 4-2021 Page 5 6 The provisions of this bylaw do not apply to: (a) The County's emergency response activities; (b) The County's fire extinguishing, fire prevention, or fire training operations; or (c) Patio torches or candles, provided the burning: i. is not near or in dry vegetation; and ii. is not in a place conducive to the spread of a fire or to an explosion; and iii. is not more than 1 metre in any horizontal dimension, and not more than 60 centimetres in height; (d) An incinerator that is regulated under the Environmental Protection and Enhancement Act, RSA 2000, c E-12. PART II - ALLOWED FIRES Fire Permit Required 7 A person must not build, ignite, or allow an outdoor fire unless that person possesses a valid and subsisting fire permit issued by the Chief Commissioner. 8 A person must not build, ignite, or allow an outdoor fire in a manner contrary to the conditions set out in the fire permit that permits that fire. 9 For greater clarity, a person allows an outdoor fire if that person: (a) permits another person to build or ignite the fire; (b) permits or allows the fire on that person's property; (c) is present in the vicinity of the fire and is not taking steps to extinguish it; or (d) fails to extinguish the fire when directed to do so by the Chief Commissioner or a bylaw enforcement officer. 10 A property owner must ensure that there is a valid and subsisting fire permit for any outdoor fire on the property owner's property. For the purposes of this bylaw, a property owner that fails to do so allows the outdoor fire. Permit Exceptions 11 Despite any other requirements of this Part, the following types of outdoor fires are permitted without a valid and subsisting fire permit issued by the Chief Commissioner: (a) Recreational fires; Bylaw 4-2021 Page 6 (b) Fires in public parks on County owned land, when the fire is in a receptacle installed by the County; and (c) Smudge fires. Rules for Permit- exempt Fires 12 A person that builds, ignites, or allows a permit-exempt outdoor fire must ensure that it is: (a) contained within a container or pit, as set out in this bylaw; and (b) kept the required distance, as set out in this bylaw, away from structures, combustible materials, and from any property line; and (c) attended and supervised at all times, until the fire is extinguished and the ashes are cold, by a person 18 years of age or older. Method of Extinguishing Required 13 A person that is attending and supervising an outdoor fire must ensure that an adequate means of extinguishing the fire is available at all times. No Prohibited Materials 14 Except as allowed in this bylaw or in any condition placed in a fire permit, a person must not burn any prohibited material. Offences 15 A person who fails to comply with a provision under this Part is guilty of an offense. PART III - FIRE PERMITS Authority to Issue Fire Permits 16 The Chief Commissioner is authorized to issue fire permits under this bylaw. 17 For each fire permit application, the Chief Commissioner may: (a) issue or decline to issue a fire permit; (b) issue a fire permit on a one-time or on an annual basis; (c) require a site inspection before issuing a fire permit or before an outdoor fire; (d) impose conditions on a fire permit, and on a person that a fire permit is issued to; (e) impose conditions that allow one or more outdoor fires on the same property, and set the same or different conditions on each outdoor fire or on different areas of the property; Bylaw 4-2021 Page 7 (f) permit the burning, through a condition or conditions in a fire permit, of prohibited materials; or (g) any one or more of the above. Information Required in Application 18 A fire permit applicant must provide any records and information that in the opinion of the Chief Commissioner are material to the fire permit application, including records and information related to: (a) the applicant's name and telephone contact number; (b) the size of parcel of land; (c) the density of structures on land; (d) the size of the proposed fire; (e) the proposed container for the fire; (f) fire control measures put in place by the applicant or the property owner where the outdoor fire will be; (g) the applicant's history of compliance; (h) anything that may lead the Chief Commissioner to believe, reasonably, that the outdoor fire permitted by the fire permit may become a running fire or out of control; and (i) any other safety concerns. Factors the Chief Commissioner May Consider 19 When determining whether to issue a fire permit, and the conditions and restriction on a permit, the Chief Commissioner may consider: (a) the safety of persons and property; (b) the fire risk at the proposed location, and in the County in general; (c) the consent or objections to the proposed activities by the owner of the land on which the proposed activities will occur; (d) noise or nuisance that may result from the proposed activities; (e) any other information requested or required by the Chief Commissioner or by this bylaw; or (f) any one or more of the above. Bylaw 4-2021 Page 8 Fire Permit Fee 20 (1) Every person applying for a fire permit must pay the fire permit fee prescribed by the Fees and Charges Bylaw. (2) The Chief Commissioner is not authorized to issue a fire permit unless the permit application fee has been paid. Permit Not Transferable 21 A fire permit is not transferable between locations or persons. Chief Commissioner May Vary Conditions 22 The Chief Commissioner may vary the conditions and restrictions of a fire permit, and may revoke a fire permit, if: (a) the applicant provided false or misleading information or records in support of the application; (b) the information or records provided by the applicant are no longer current or correct; (c) there is a contravention of any condition or restriction in the fire permit; (d) due to a change in circumstances, the activity permitted in the fire permit may cause a risk to the health, safety, or welfare of a person or persons, or may cause a risk or damage to property; or (e) the applicant is convicted of an offence under this bylaw. Offences 23 A person who fails to comply with a provision under this Part is guilty of an offense. PART IV - FIRE BANS Declaring a Fire Ban 24 The Chief Commissioner may declare a fire ban that includes a partial or complete ban of any fires or burning, or of any specific kind of fires or burning, within the municipal boundaries of the County. 25 The Chief Commissioner may allow an exemption to a fire ban on an individual basis for holders of a valid and subsisting fire permit. Fire Ban Factors 26 When determining whether to declare a fire ban, the Chief Commissioner may take into consideration any or all of the following factors: (a) current or forecast wind conditions; (b) the levels of recent precipitation; (c) water shortages or restrictions, or water levels in reservoirs; Bylaw 4-2021 Page 9 (d) availability of firefighters and firefighting equipment; (e) the overall fire danger; or (f) the fire danger in a particular area of the County. Must Comply with Fire Ban 27 When a fire ban has been declared, a person must not build, ignite, or allow an outdoor fire contrary to any restriction set out in the declaration of the fire ban. Owner Must Extinguish Fires 28 When a fire ban has been declared, the Chief Commissioner or a bylaw enforcement officer may direct a person who builds, ignites, or allows a fire, or a property owner who has a fire on that property owner's land, to extinguish the fire, and that person or property owner must comply with the direction given. Fire Permit Conditions 29 Each fire permit issued by the Chief Commissioner must include a condition that the holder of the permit must, prior to commencing the burn or igniting the outdoor fire, determine if a fire ban has been declared. Advertising a Fire Ban 30 The Chief Commissioner may advertise a fire ban in any manner the Chief Commissioner determines to be the most effective, including: (a) on the County's website or a dedicated telephone line; (b) on the County's social media accounts; (c) SMS, email, or other electronic alerts; (d) advertisement in a newspaper or in newspapers with distribution in the County; (e) radio advertisement; or (f) any combination of one or more of the above. Evidence of Knowledge 31 Evidence that the declaration of a fire ban has been advertised in any manner described in a fire permit or in this bylaw will be proof, in the absence of evidence to the contrary, that a person has knowledge of the fire ban. PART V - SPECIAL PROVISIONS Smudge Fire Provisions 32 The following conditions and exceptions apply to any person who builds, ignites, or allows a smudge fire, and to the property owner on whose land a smudge fire is burning: Bylaw 4-2021 Page 10 (a) Attendance and supervision by a person 18 years of age or older is not required; (b) A smudge fire is only allowed on a parcel of land that is 2 acres or larger; (c) Only fresh and clean straw, fresh and clean hay, or fresh and clean grass may be burned; (d) A smudge fire must be contained in a non-combustible container or receptacle; (e) A smudge fire may not be burned in the urban service area, or within a hamlet. Burn Barrel Provisions 33 The following conditions apply to any person who builds, ignites, or allows a burn barrel fire, and the property owner on whose land a burn barrel fire is burning: (a) A person may burn prohibited materials in a burn barrel, except: i. Items made of or containing rubber, plastic, metal, or tar; ii. Manure iii. Animal Carcasses; and iv. Anything that, when burned, produces dark, toxic, or noxious smoke or produces strong odors; (b) A burn barrel fire may not be burned in the urban service area, or within a hamlet; (c) The burn barrel fire must be contained in a container that: i. Is structurally sound; ii. Is non-combustible; iii. Has draft and smoke vents; and iv. Has a heavy gauge metal mesh screen completely covering the top, with holes smaller than 13 millimetres in any dimension. 34 A burn barrel fire must be: (a) a minimum of 3 metres from any building, property line, or combustible material; and (b) attended and supervised at all times, until the fire is extinguished and the ashes are cold, by a person 18 years of age or older Bylaw 4-2021 Page 11 PART VI - OFFENCES Offences 35 A person who contravenes or fails to comply with a provision of this bylaw is guilty of an offence. PART VII - ENFORCEMENT Continuing Offences 36 If an offence is of a continuing nature, each day or part thereof that a person fails to comply with the requirements of this bylaw constitutes a new offence. Burden of Proof 37 The onus of proving a person has a valid and subsisting fire permit is on the person alleging the permit's existence. Obstruction 38 Any person who interferes with or obstructs a bylaw enforcement officer in the execution of the bylaw enforcement officer's duties under this bylaw is guilty of an offence. False Information 39 Any person who provides false information to a bylaw enforcement officer is guilty of an offence. 40 A person who provides false or misleading information on a fire permit application is guilty of an offence. Enforcement Measures 41 Nothing in this bylaw precludes a bylaw enforcement officer or a peace officer from taking any enforcement measure available in another bylaw or enactment, in addition to issuing a municipal tag or violation ticket for an offence. 42 A bylaw enforcement officer is a designated officer of the municipality with the power to conduct inspections, take enforcement action, and order any person to remedy a contravention pursuant to the Municipal Government Act, or as provided for and in accordance with any other enactment or bylaw. Municipal Tag 43 A bylaw enforcement officer may issue and serve a municipal tag on any person the officer has reasonable and probable grounds to believe has contravened a provision of this bylaw by: (a) personally serving the municipal tag on the person; or (b) mailing a copy of the municipal tag by pre-paid post to the address provided by a person on a fire permit application, or a person's last known postal address. Bylaw 4-2021 Page 12 44 A municipal tag shall be in a form approved by the Chief Commissioner and shall state: (a) the name of the person to whom the municipal tag is issued; (b) the particulars of the contravention of the bylaw; (c) the specified penalty for the offence as set out in Schedule "A"; (d) that the specified penalty must be paid within thirty (30) days of the issuance of the municipal tag in order to avoid prosecution; and (e) any other information as may be required by the Chief Commissioner. Violation Ticket 45 If a municipal tag has been issued and the specified penalty on the municipal tag has not been paid within the prescribed time, a peace officer may issue a violation ticket to the person to whom the municipal tag was issued. 46 A peace officer may, in the officer's sole discretion, elect to issue and serve a violation ticket without first issuing a municipal tag. 47 A peace officer is authorized to issue a violation ticket under Part 2 or Part 3 of the Provincial Offences Procedure Act to any person the peace officer believes on reasonable and probable grounds has committed an offence under this bylaw. 48 If a violation ticket is issued it must be in the prescribed form and must: (a) state the specified penalty for the offence as set out in Schedule "A" of this bylaw; or (b) require the person to appear in Provincial Court with or without the alternative of making a voluntary payment. Penalties 49 Any person guilty of an offence under this bylaw is liable on summary conviction to a penalty in an amount not less than the amount specified in Schedule "A" of this bylaw, or if not prescribed in Schedule "A", not more than $10,000, and any other penalties as may be prescribed in default of payment in relation to proceedings taken under Part 2 or Part 3 of the Provincial Offences Procedure Act. Bylaw 4-2021 Page 13 PART VIII - DECISIONS AND APPEALS Decisions 50 The following matters are within the Chief Commissioner's discretion, subject to any appeal or review provided for in this bylaw or to a court: (a) Prescribing the application, renewal, variation, and other forms required for this bylaw; (b) The decision to issue, decline to issue, or to revoke a fire permit; (c) Determining and imposing conditions and restrictions on a fire permit; (d) Determining whether to declare and whether to cancel a fire ban; (e) Determining the conditions and restrictions on burning during a fire ban; (f) Amending or revoking a fire permit; and (g) Determining the manner of advertising a fire ban. 51 Decisions made by the Chief Commissioner, in the exercise of the Chief Commissioner's discretion under this bylaw, to issue a fire permit, and the conditions and restrictions on the fire permit, shall be in writing and delivered: (a) by personal service to the fire permit applicant; or (b) by ordinary mail to the fire permit applicant at the residential address provided in the fire permit application; or (c) by means of any electronic system that allows the fire permit applicant to both apply and to receive the Chief Commissioner's decision. Appeals 52 An appeal to the County's General Appeals and Review Committee lies from the Chief Commissioner's decisions on the following matters: (a) to decline to issue or to revoke a fire permit; or (b) to impose conditions or restrictions on a fire permit. 53 A person must deliver notice in writing to the Chief Commissioner of an appeal not later than seven (7) days after the date on which the person was served notice of the Chief Commissioner's decision. Bylaw 4-2021 Page 14 54 The Chief Commissioner will, not later than seven (7) days after notice of an appeal was delivered to the Chief Commissioner, deliver to the General Appeals and Review Committee the records and information upon which the decision under appeal was based. 55 Following the conclusion of any appeal hearing, the General Appeals and Review Committee must, within seven (7) days, either confirm, reverse, or vary the decision of the Chief Commissioner. Decision Final 56 The decision of the General Appeals and Review Committee is final, subject to judicial review by the Courts. PART IX - GENERAL Repeal 57 Bylaws 68-2000 and 50-2003 are repealed. Transitional 58 Nothing in this bylaw invalidates any action taken, licence or permit granted or revoked, or offence proceeding undertaken, pursuant to Bylaw 68-2000 or Bylaw 50-2003. FIRST READING: January 19, 2021 SECOND READING: January 19, 2021 THIRD READING: January 19, 2021 SIGNED THIS 2 day of February 2021. Rod Frank ______________________________ MAYOR Mavis Nathoo ______________________________ DIRECTOR, LEGISLATIVE AND LEGAL SERVICES Bylaw 4-2021 Page 15 SCHEDULE "A" Bylaw 4-2021 OUTDOOR FIRE BYLAW SPECIFIED PENALTIES Section Offence First Offence Second Offence Within two year period Third or more Offences Within two year period 7 Build, ignite or allow an outdoor fire without a fire permit $250 $500 $1,000 8 Build, ignite, or allow an outdoor fire contrary to conditions or restriction in a fire permit $250 $500 $1,000 10 Property owner fails to ensure there is a fire permit for a fire on the owner's property $175 $350 $700 12(a) Failure to contain a permit-exempt fire within an approved container or pit $250 $500 $1,000 12(b) Failure to keep a permit-exempt fire the required distance from combustible materials, property line, tree, hedge, fence, roadway, or overhead power line $250 $500 $1,000 12(c) Failure to ensure permit-exempt fire is supervised at all times by a person 18 or older $100 $200 $500 12(c) Failure to ensure a permit-exempt fire is supervised at all times $250 $500 $1,000 13 Failure to ensure a means of extinguishing a fire is present $150 $300 $600 14 Burn a prohibited material $250 $500 $1,000 18 Failure to provide records or information as part of a fire permit application $100 $200 $500 27 Build, ignite, or allow a fire contrary to a restriction in a fire ban $250 $500 $1,000 28 Failure to extinguish an outdoor fire during a fire ban, when directed to do so by the Chief Commissioner or a bylaw enforcement officer $500 $1,000 $2,000 32(b) Smudge fire on a parcel of land that is less than 2 acres $100 $200 $500 32(c) Smudge fire burning a material other than fresh, clean straw, hay, or grass $100 $200 $500 32(d) Smudge fire not contained in a non- combustible container $100 $200 $500 32(e) Smudge fire in the urban service area or a hamlet $250 $500 $1000 Bylaw 4-2021 Page 16 33(b) Burn barrel fire in the urban service area or a hamlet $250 $500 $1,000 33(c) Burn barrel fire not contained in an acceptable container $100 $200 $500 34(a) Burn barrel fire within 3 metres of a building, property line, or combustible materials $250 $500 $1,000 34(b) Burn barrel fire not supervised by a person 18 years of age or older $100 $200 $500 34(b) Burn barrel fire not supervised at all times $250 $500 $1,000 38 Obstruct or interfere with bylaw enforcement officer in execution of duties $500 $1,000 $2,000 39 Provide false information to a bylaw enforcement officer $500 $1,000 $2,000 40 Provide false or misleading information on a fire permit application $250 $500 $1,000 Bylaw 4-2021 Page 17 SCHEDULE "B" Bylaw 4-2021 OUTDOOR FIRE BYLAW PROHIBITED MATERIALS 1. The following materials are prohibited materials: (a) Straw; (b) Hay; (c) Painted, stained, or treated wood; (d) Construction material or demolition debris; (e) Items made of or containing rubber, plastic, metal, or tar; (f) Manure; (g) Paper; (h) Cardboard; (i) Grass, weeds, leaves, and tree prunings; (j) Organic household waste; (k) Animal Carcasses; (l) Anything that, when burned, produces dark, toxic, or noxious smoke or produces strong odors.