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- (b)
- (ii) new wood material from building construction
## Village of Warburg Bylaw #197/24
A BYLAW OF THE VILLAGE OF WARBURG, IN THE PROVINCE OF ALBERTA, TO REGULATE AND CONTROL OPEN FIRES AND BURNING WITHIN THE BOUNDARIES OF THE VILLAGE OF WARBURG.
WHEREAS, pursuant to the provisions of Section 7(a) of the Municipal Government Act being Chapter M-26.1 of the revise tatutes of Alberta, as amended, Council may pass Bylaws for th safety, health and welfare of people and the protection of people and property.
AND WHEREAS, The Council of the Village of Warburg deem it appropriate, expedient and in the public interest that the said Bylaw be enacted.
NOW THEREFORE, the Council of the Village of Warburg, duly assembled
## HEREBY ENACTS AS FOLLOWS:
SECTION 1 - NAME OF BYLAW
- 1.1 This Bylaw may be cited as the "Burning Bylaw".
## SECTION 2 - DEFINITIONS
- 2.1 In this Bylaw:
- "Acceptable Fire Pit" means an outdoor receptacle that meets
- (a) the following specification:
- (i) A minimum of 3 meters clearance, measured from the nearest fire pit edge is maintained from buildings, property lines or other combustible material.
- (iii) A spark arrestor mesh screen with openings no larger that 1.25 cm and constructed of expanded metal (or equivalent non-combustible material) is used to cover he fire pit opening in a manner sufficient to contair and reduce the hazards of airborne sparks
- (ii) The fire pit installation has enclosed sides made from bricks, concrete blocks, heavy gauge metal, or other non-combustible materials acceptable to the Fire Services and;
- (iv) \ special permit may be issued by the Leduc Count Fire Chief for those fire pits which do not meet th specifications as outlined above, subject to the applicant consenting to an on-site inspection by the
- seasoned tree pruning or other seasoned wood
- (iii) used power poles and/or posts which do not contair
- (c) "Council" means the Council of the Village of Warburg.
- (d) "Fire Chief" means an employee of Leduc County who i ppointed Fire Chief for Leduc County or his/her designat
- (e) "Open Fire" means any fire which is not an incinerator fire, pit wood scrap fires, ground thawing fires and chattel fires.
- (f) "Open Air Fire Permit" means an approved application in
- (g) "Prohibited Debris" means any material that when burned, will
- (h)
- (i) "Running Fire" means a fire burning without being under the proper control of any person
## SECTION 3 - OPEN AIR FIRES
- 3.1 No person shall permit an open fire or any other fire upon land owned, occupied, or under his or her control within the Village, unless a permit has been obtained, the provision utlined on the permit are complied with, and burnable debri is burned.
- 3.2 Nonderthis Bylag Seconduct. . a permit shall not be required
- (a) the cooking of food using a portable barbecuing appliance;
- (b) recreational burning or the cooking of food in acceptable fire pits or acceptable fireplaces, provided:
- () only clean fuel is used such as natural gas, dry wood or charcoal in amounts which will be contained within the fire pit or fireplace below the mesh screen;
- (iii) a means, acceptable to the Fire Chief, of controlling o extinguishing the fire is available on the property an within reasonable distance from where the fire occurs: and
- (ii) the fire pit is not used to burn prohibited debris;
- (iv) a responsible adult is present on the property when the fire is burning;
- (c) burning in fireplace in or attached to a dwelling as provided by the legislation;
- (d) replaces, stoves noted are prone ayor aprove re the Village.
- (e) burning in an incinerator for which a permit to construct and license to operate has been issued pursuant to the applicable legislation; or
- burning by the Fire Service Department for the purpose of training its member.
## SECTION 4 - PROCEDURE TO OBTAIN OPEN AIR FIRE PERMIT
- 4.1 Any persons wishing to obtain an Open Air Fire Permit must apply at least 48 hours in advance to the Development
Officer during the normal business hours of the Village of Warburg.
- 4.2 Each application for an Open Air Fire Permit must contain the following information:
- (a) the name and address of the applicant, and the name and address of the owner of the land on which the applicant proposes to set a fire;
- (b) the legal and/or municipal description of the land on which the applicant proposes to set a fire;
- (C) the period of time for which the fire permit is required;
- (d) the precautions that will be taken by the applicant to ensure that the proposed fire remains under his or her control;
- (e) the signature of the applicant; and
- (1) the written consent to the proposed fire by the owner of the land (if different than the applicant).
- 4.3 Ipon receipt of an application for a permit, the Developmel fficer and the Leduc County Fire Chief shall consider th Bylaw andice Alberia fre pursuant to the provisions of this
- (a) refuse to grant the permit;
- (b) grant a permit with or without terms and conditions as is deemed appropriate or
- (c) determine that a permit is not required
- 4.4 The permit fee shall be as met out in Schedule "A" and shall be paid upon application for permit.
- 4.5 A permit shall not be transferable.
## SECTION 5 - VIOLATIONS AND PENALTIES
- 5.1 The Leduc County Fire Chief may terminate, suspend or cancel an Open Air Fire Permit upon contravention of any provision of this Bylaw or the Alberta Fire Code or any terms and conditions found on the permit
- 5.2 A person who contravenes any provision of this Bylaw, shall be deemed to be guilty of an infraction of the Bylaw and upon a conviction, is liable to a fine for the first offense of not less than $100.00 and for the second offence and subsequent of not less than $500.00. No person found guilty of an offence under this Bylaw shall be liable to imprisonment.
- 5.3 Where a person:
- (a) fails to obtain a permit as required under this Bylaw or
- (b) obtains a permit as provided for in this Bylaw but fails to follow the provisions of the Bylaw and those conditions outlined on the permit; or
- (c) anilipen ali fre trader the reinent or perio as breed herein: and
- (d) a fire beyond the control of the person or other emergenc esults, then such person shall be liable to pay all costs or al mergency response service incurred by the Fire Service epartment, and the Village shall be able to recover fro such person all such costs as a debt owing to the municipality
SEAL
- (e)
DONE AND PASSED in open council assembled at Warburg, in the Province of Alberta, this 13t day of May, A.D. 2024.
Read a first time this 13th day of May, A.D. 2024.
Read a second time this 13t day of May, A.D. 2024.
lay of Mav, A.D. 2024
Mayor Dwayne Mayr
Christine Pankewitz Municipal Administrator
AMENDED in open council, DONE AND PASSED in open council assembled at Warburg, in the Province of Alberta, this 6' day of August, A.D. 2024.
Read a first time this 6'h day of August, A.D. 2024.
Read a second time this 6th day of August, A.D. 2024.
lead a third time with the unanimous consent of the Council Membe resent and finally passed this 6th day of August, A.D. 202
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Mayor Dwayne Mayr
Christine Pankewit Pang Municipal Administrator
## SCHEDULE "A" TO BYLAW #50/01
Application Number.
Fee $25.00
## The Village of Warburg Burning Bylaw
## APPLICATION FOR BURNING PERMIT
Applicant.
Address
Address of Property
Lot
Precautions Taken
\_Telephone Number
Block
Registered Plan No.
Date of Burning
Time Period
Registered Owner of Land
(If different that the applicant - written consent from the owner is required.)
Address
Telephone Number
Interest of Applicant, if not owner
Signature of Applicant
Date
BURNING PERMIT (for office use only)
The above application was considered by the Development Officer/ Fire Chief
On
and was:
APPROVED
REFUSED
The reasons for the conditions or refusal are: (see attached)
unless an appeal is lodged during that period, in which case the permit is null and void.
Date of Decision
Date of Issue of Notice of Decision
Date of Issue of Permit
DEVELOPMENT OFFICER / LEDUC COUNTY FIRE CHIEF
DATED
Permit No.
Application Permit No. \_ was considered by the Development Officer and Leduc County Fire Chief and was approved under the following conditions:
## VILLAGE OF WARBURG FIRE PERMIT/BURNING APPROVAL (To be completed by Development Officer)
1. Must notify Leduc County Fire Chief before burning.
2. he burn site must be attended at all times until the fire is completely out and all hot coals and/or ashes hav ›een cooled. Minimum of 2 persons (18 years of age or older) must be in attendance while burn is in progress
3. Do not commence burn in wind exceeding 10 KPH.
4. Notification to be given to Fortis (if there are lines in the area).
5. Before any burning is performed, all necessary permits and notices must be applied for and received.
6. Other
You are hereby authorized to proceed with the burning specified provided that any stated conditions are complied with and tha burning is in accordance with any approved plans and application. Should an appeal be madde against this derision to the Development Officer and/or Leduc County Fire Chief the burning permit shall be null and void.
Date of Decision
Date of Issue of Burning Permit
Signature of Development Officer\_
Signature of Leduc County Fire Chief\_
## (To be completed by Development Officer)
Application Permit No. was refused under the following conditions: was considered by the Development Officer and Leduc County Fire Chief and
1.
2.
3.
4.
You are hereby NOT authorized to proceed with the burning.
Date of Decision \_
Date of Issue of Burning Permit
Signature of Development Officer
Signature of Leduc County Fire Chief