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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.