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CITY OF COLWOOD
BYLAW NO. 931
A BYLAW OF THE CITY OF COLWOOD TO RESTRICT AND REGULATE OUTDOOR BURNING
The City of Colwood recognizes the importance of a healthy community and the benefits
of improving air quality for both its residents and the environment. The City desires to
take appropriate measures that will positively impact the environment and the health of
its residents by improving the air quality in the City and the region as a whole.
WHEREAS the City of Colwood considers it expedient and desirable for the health,
safety, and welfare of the residents to restrict and regulate outdoor burning in the City;
NOW THEREFORE, the Council of the City of Colwood, in an open meeting assembled,
enacts as follows:
1. TITLE:
This Bylaw may be cited for all purposes as Outdoor Burning Restriction and
Regulation Bylaw No. 931, 2007.
2. REPEAL:
City of Colwood Bylaw No. 189, "Sections 2.4,23,24,25,26,27,28,29,30 of the Fire
Regulation and Prevention Bylaw 1991", and City of Colwood Amending Fire
Regulation Bylaws 439 and 297 are hereby repealed upon adoption of this bylaw.
3. INTERPRETATION:
In this Bylaw:
"City" means the City of Colwood, a municipal corporation of the Province of British
Columbia and includes the area contained within the boundaries of the City;
"Fire Chief' means a person appointed by the Council to be in charge of the Fire
Department or authorized subordinates;
"Municipality" means the City of Colwood;
"Incinerator'' means a constructed or manufactured container, including but not
limited to a barrel, drum, metal or brick structure used for the containment and the
burning of materials for the purposes of disposal.
"City Fire Department" means the City of Colwood Fire Department and its
members;
Outdoor Burning Restriction and Regulation Bylaw No.931, 2007 - Page #2
"Open Air Burning" or "Open Air Fire" means the ignition, lighting or continuation of
a fire of any kind, outside of a building, including, but not limited to fires in incinerators,
chimeneas and outdoor fireplaces or other appliances and open yard fires, beach fires
or campfires.
"Chimeneas" means a container made of pottery or metal containing a fire box and
flue in a design for the purposes of burning a solid fuel.
"Beach or Campfire" means an outdoor open air fire not contained by any means.
"Open yard fire" means an outdoor open air fire that is not contained.
"Outdoor fireplaces" means an appliance that is either manufactured or homemade,
which is specifically designed for the burning of solid fuels for the purposes of warmth,
pleasure or disposal.
4. PROHIBITIONS AND EXCEPTIONS:
1. Except as permitted in Section 4.2 or by special resolution of Council, no person
shall carry on, or permit to be carried on, open air burning or have an open air fire
within the municipal boundaries of the City of Colwood.
This includes, but is not limited to fires such as;
Incinerators, open yard fires, beach fires, campfires, or appliances,
either
manufactured or homemade that bum a solid fuel, fires for the purposes of land
clearing, demolition waste or construction materials.
2. Despite Section 4.1 , a person may carry on or permit to be carried on, open air
burning if it is:
a) In an outdoor appliance that uses charcoal briquettes or that is fuelled and
bums natural gas or propane.
b) In an outdoor appliance used for the specific purpose of curing and preserving
food by means of smoking.
c) A fire that is specific to the training of, or by the firefighters for the City Fire
Department.
d) A fire that is specific to a community event of the City, and that is being
supervised by the City Fire Department.
e) Installation and use of outdoor burning appliances maybe used under the
following conditions:
1. All appliances must be situated on a firm noncombustible base.
Outdoor Burning Restriction and Regulation Bylaw No.931, 2007 - Page #3
2. All appliances shall be specifically manufactured as outdoor burning
appliances, no homemade devices are permitted.
3. All appliances shall be enclosed to contain the burning materials within
the device by use of metal materials or metal mesh Fire Box size shall
not exceed 24 inches by 24 inches.
4. A means of extinguishing the fire shall be readily available.
5. Hours of operation shall be between dawn and 10 pm only.
6. There shall be no use of the appliance when the forest fire rating is high
or extreme
7. No permit shall be required.
8. Inspection of the appliance shall be at the owners request or upon
complaint received.
9. Failure by the owner or occupier of the property to comply with any
requirement of this bylaw shall be subject to a municipal ticket and or
be required to remove the appliance upon written notification from the
City.
3. Burning of Prohibited Materials
No person shall burn any materials including but not limited to house hold
waste, plastic, rubber, flammable or combustible liquid, or any organic
yard waste, treated lumber, or construction debris, or toxic waste in
chimneas or by any other means.
5. OFFENCE AND FINE
Any person guilty of an infraction of this bylaw is liable on summary conviction, to a
fine of not less than $200.00 and not more than $10,000.00 or imprisonment not
exceeding the maximum allowed by the Offence Act, and/or fees as described in
"Appendix A", which forms part of this bylaw.
6. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this bylaw is for any reason
declared invalid by decision of any court of competent jurisdiction, then the invalid
portion must be severed and the remainder of the bylaw is deemed valid.
Outdoor Burning Restriction and Regulation Bylaw No.931. 2007 - Page #4
READ A FIRST TIME THIS 9th DAY OF October 2007.
READ A SECOND TIME THIS 13th DAY OF November 2007.
READ A THIRD TIME, as amended, THIS 13th DAY OF November 2007.
FINES APPROVED BY COUNCIL THIS 28th DAY OF January 2008.
Fl NALLY PASSED AND ADOPTED THIS 28th DAY OF January 2008.
MAYOR
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A5-Ue.931 - Outdoot bu"'lng "'""'ction + regulation byl.,...2007.doc
Outdoor Burning Restriction and Regulation Bylaw No.931, 2007 - Page #5
APPENDIX A
FINES AND FEES SCHEDULE
As per Section 4 of this bylaw, the following fines and fees are associated with any
infraction of this bylaw;
1. FINES
Description of Offence
Prohibited Burning
Burning in Contravention
Burning of Prohibited Materials
2. FEES
Section#
4.1
4.2
4.3
Amount of Fine
$200.00
$200.00
$200.00
In addition to the fines described above, any time that the Fire Department is required to
extinguish any fire found to be in contravention of this bylaw, the owner or occupier of real
property or their agents, or any
other person found in attendance at the fire may be
subject to the following fees associated with the fire department response to extinguish the
fire.
Fire Service Fees
a) Command Officer and Vehicle
$250.00 per hour
b)
Fire Duty Officer and Vehicle (Includes
$250.00 per hour
Bylaw Enforcement Officer and Vehicle)
c)
Fire Engine and Crew
$500.00 per hour
d) Fire Tanker and Crew
$500.00 per hour
e) Rescue Truck and Crew
$500.00 per hour
f)
Aerial Ladder Truck and Crew
$800.00 per hour
g)
Bush Truck and Crew
$250.00 per hour
h) Rescue Boat or Watercraft and Crew
$250.00 per hour
i)
Additional Firefighters charged out
$35.00 per hour, per firefighter