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VILLAGE OF GOLD RIVER
Bylaw No. 718, 2019
A bylaw to regulate open burning
in the Village of Gold River.
WHEREAS Section 64 of the Community Charter provides Council the authority under Section 8 (3) (h)
[spheres of authority - nuisances disturbances and other objectionable situations] to regulate, prohibit and
impose requirements regarding the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or
other effluvia that is liable to foul or contaminate the atmosphere;
NOW THEREFORE the Council of the Village of Gold River in open meeting assembled, enacts as follows:
Title
This Bylaw may be cited as the "Open Fire Regulation Bylaw No. 718, 2019".
1.0
Definitions
1.1.
In this bylaw:
"Authorized Person" means the Chief Administrative Officer or designate(s), Bylaw Enforcement Officer
duly appointed from time to time to lawfully act in that capacity.
"Burn" means a fire and burning.
"Bylaw Enforcement Officer" means a person appointed by the Council for the purpose of enforcement of
this bylaw, and includes the Fire Chief, Bylaw Enforcement Officer, the Chief Administrative Officer, Deputy
Clerk or a member of the Royal Canadian Mounted Police, (RCMP).
"Construction Waste" means wood and wood products arising from the construction, alteration or
demolition of a building or structure.
"Council" means the Council of the Village of Gold River.
"Depot or Transfer Station" means the property maintained and operated by the Village for the disposal of
construction waste, garbage, noxious materials and yard debris.
"Fire Chief" means the person appointed by the Council as Fire Chief to manage the Fire Department or
their designate.
"Garbage" means all household and commercial waste or refuse, whether it contains the remains of edible
food or not.
"Land Clearing Debris" means organic material resulting from the clearing of vegetation from land, but
does not include yard debris.
"Noxious Materials" means tires, oils, tar, asphalt, shingles, batteries, rubber products, plastic and any
other substance which produces heavy black smoke, noxious odors or toxic residue when burned.
Open Fire Regulation Bylaw No. 718, 2019
Page 2
"Open Burning" means the combustion of material without control of the combustion air and without a stack
or chimney to vent the emitted products of combustion to the atmosphere. Open burning does not include
charcoal fires contained within barbecues or hibachis for the purpose of cooking food.
"Permit" means a document issued pursuant to the provisions of this bylaw authorizing a person to burn
under the terms and conditions specified in the permit.
"Yard Debris" means leaves, grass clippings and cuttings resulting from the pruning of shrubs and trees.
2.0
Open Burning (for Open Fires)
2.1
Open burning is prohibited between April 15th and October 15th in any given year.
2.2
Except as hereinafter specifically provided, no person shall start or maintain an open fire, or cause
or allow an open fire to be started or maintained unless the fire is allowed under a permit issued by
the Village of Gold River.
2.3
Charcoal, pellet, natural gas or propane gas fires contained within barbecues or other approved
appliances are exempt from subsections 2.1 and 2.2.
2.4
Backyard campfires, fire pits, chimineas and outdoor fireplaces not fueled by either natural gas or
propane are required to be registered as per Schedule C of the Bylaw and comply with all the
regulations provided within Schedule C. Failure to register a backyard campfire may result in a fine
as per Section 12.0: Penalties, and the revocation of the issued permit. Schedule C permits may
only be issued/revoked by either the Village of Gold River Fire Chief or the Chief Administrative
Officer.
2.5
Backyard campfires, wood fire pits, chimineas and outdoor fireplaces fueled by wood are only
permitted in R-1 (Single Family Residential), R-2 (Single Family Estate Residential), C.D.1
(Comprehensive Development 1) zones as per Zoning Bylaw No. 706, 2018.
2.6
Burning of construction waste, garbage, noxious materials and yard debris is strictly prohibited in
the open air, in a domestic incinerator or in any other similar device. Burn permits will not be
approved for burning of such material under any circumstance.
2.7
Construction waste, garbage, noxious materials and yard debris must be deposited at the Public
Works Depot-Transfer Station.
3.0
Land Clearing Fires
3.1
Where the Fire Chief or other authorized person considers it safe to do so, the Fire Chief or other
authorized person may issue a permit for burning in the open air of cut and piled brush, slash, grass
and other organic materials resulting from the clearing of land and for the destruction of waste
materials originating on that property, provided that:
a)
burning of land clearing debris may only occur between October 15th and April 15th, when
authorized by the Fire Chief or other authorized persons.
Open Fire Regulation Bylaw No. 718, 2019
Page 3
b)
open burning of land clearing debris must be carried out at least 4.6m (15 feet) from any
buildings or structures and 1.5m (5 ft) from any grass, shrubs, trees or other flammable or
combustible material.
c)
every person to whom a permit has been issued shall be responsible for and in charge of a
fire while the fire is burning or smoldering, and until such fire is completely extinguished,
and shall provide sufficient personnel, appliances and equipment in order to prevent the fire
from getting beyond control or causing damage or becoming dangerous to life or property.
d)
burning must be done during daylight hours only.
e)
burn piles of land clearing debris shall not exceed 5 metres in diameter or 3 metres in height.
f)
noxious materials shall not be burned in connection with a land clearing fire.
g)
the smoke release for each permit shall not exceed 72 consecutive hours.
h)
open burning of land clearing debris shall not be carried out where due to climatic conditions
or other hazards, it would be unsafe to do so.
4.0
Application for Permit
4.1
Every application for a burn permit pursuant to this Bylaw shall be made to the Fire Chief or other
authorized person on the form prescribed by the Village. The Fire Chief or other authorized person
is hereby authorized and empowered to grant or refuse any such permit, subject to the provisions
of this Bylaw, the Fire Services Act and the Forest Act.
5.0
Issuance of Permit
5.1
A written permit shall be in the form as prescribed by the Village and shall be valid for a maximum
of three (3) days during the specified period designated under section 3.0.
5.2
The Fire Chief or other authorized person may withhold or, suspend or cancel any permit issued
where, in his opinion, the igniting of a fire may create a hazard or nuisance to persons or property,
and the Fire Chief or designate may extinguish or order the extinguishing of any fire that is causing
a nuisance to persons, or any fire started without a permit to do so.
6.0
Restrictions to Burn Permits
6.1
The Fire Chief or other authorized person may attach to any burn permit issued pursuant to this
Bylaw such conditions or restrictions as deemed necessary for safety and the prevention of the
spread of fire.
7.0
Exemptions to Burning Regulations
7.1
Fires started and maintained by the Gold River Volunteer Fire Department of the Village of Gold
River for training purposes or to prevent the commencement or spreading of fire do not require a
burn permit.
Open Fire Regulation Bylaw No. 718, 2019
Page 4
8.0
Responsibility
8.1
Every person who starts an open fire or fails to extinguish any open fire, whether such fire was
started with or without a permit, shall be responsible for the care and control of such fire. A fire
shall be deemed to be out of control when it spreads beyond the boundaries of its enclosure or the
parcel of land on which it was started, or threatens to do so, or when it endangers any building or
property.
9.0
Inspections and Orders
9.1
The Fire Chief or other authorized person is authorized to enter at all reasonable times on any
property in order to ascertain whether the regulations in this Bylaw or directions made under this
Bylaw are being observed.
9.2
The Fire Chief or other authorized person is authorized to make orders directing the owners or
occupiers of property to bring the fire into compliance with this Bylaw.
9.3
No person shall obstruct or prevent the Fire Chief or other authorized person from conducting an
inspection under this Bylaw.
9.4
The Fire Chief or other authorized person is authorized to order the operator to immediately
extinguish the fire.
10.
Offences
10.1
Any person who contravenes any provision of this Bylaw is guilty of an offence and shall, upon
summary conviction thereof, be liable to a maximum penalty of $2000.00
10.2
Each day that an offence continues shall constitute a separate offence against this Bylaw.
11.0 Enforcement
11.1
This Bylaw is designated under the provisions of Section 264 of the Community Charter as a Bylaw
that may be enforced by means of a ticket in the form prescribed, and in accordance with this
Bylaw.
11.2
Bylaw Enforcement Officers and members of the Royal Canadian Mounted Police are designated
to enforce this Bylaw pursuant to Section 264 (1) (b) of the Community Charter.
11.3 Pursuant to Section 269(1)(c) of the Community Charter, authorization is hereby delegated to the
Bylaw Enforcement Officer to refer tickets issued with respect to this bylaw to the Provincial Court
for a hearing.
12.0 Penalties
12.1
Pursuant to Section 264(1)(c) of the Community Charter, the words or expressions set forth below
in Column 1 designate the offence committed under the Bylaw section numbers appearing in
Column 2 opposite the respective words or expressions.
Open Fire Regulation Bylaw No. 718, 2019
Page 5
12.2
Pursuant to Section 265(1)(a) of the Community Charter, the fine amount set forth below in Column
3 is the fine amount that corresponds to the section number and words or expressions set out in
Columns 1 and 2 opposite the fine amount.
Column 1
Column 2
Column 3
Offence
Bylaw Section
Fine Amount
Burning during closed season
2.1
$100.00
Burning without Permit
2.2
$100.00
Unauthorized backyard burning/ Campfire
2.4
$100.00
Burning prohibited material
2.5
$200.00
An escaped fire
8.1
$500.00 plus
cost recovery
determined by
fire department
Refuse order to bring fire into compliance
9.2
$100.00
Obstruct Fire Chief or authorized person from inspecting
property
9.3
$100.00
Refuse order to extinguish fire
9.4
$200.00
13.0
Cost Recovery
13.1 Every owner or occupier of a dwelling who starts or allows to be started any outdoor fire or open
burning is responsible for such fire. If, in the opinion of the Fire Chief or other authorized person,
the fire presents a hazard, has escaped or threatens to escape from the owner's control or is
prohibited under the terms of this bylaw, the Fire Department may be summoned to control or
extinguish the fire. The owner or occupier shall be liable for all costs and expenses incurred by the
Fire Department or the Village to control or extinguish the fire.
14.0
Severability
14.1
If any section, subsection, sentence, clause or phrase in this Bylaw is for any reason held to be
invalid by a decision of any Court of competent jurisdiction, the invalid portion thereof shall be
severed and the decision that is invalid shall not affect the validity of the remaining portions of the
Bylaw.
Open Fire Regulation Bylaw No. 718, 2019
Page 6
15.0
REPEAL
15.1 The Village of Gold River Burning Permits and Open Fire Regulations Bylaw No. 412, 1990 is
hereby repealed.
READ A FIRST AND SECOND TIME THIS 4TH
DAY OF
November, 2019.
READ A THIRD TIME THIS
19TH DAY OF
May, 2020.
ADOPTED THIS
1ST DAY OF
June, 2020.
B. Unger
MAYOR
B. McRae CORPORATE ADMINISTRATOR
Open Fire Regulation Bylaw No. 718, 2019
Page 7
VILLAGE OF GOLD RIVER
Bylaw No. 718, 2019
Schedule "A"
Burn Permit Application
Applicant Name:
Date:
Mailing Address:
Phone:
Fax:
Burn Location
Street Address:
Property Owner/Occupier:
Date(s) of Proposed Burn:
Purpose of Burn:
Materials to be Burned:
Permit Application Fee: $
Permit Fee (when permit issued) $
By the signature below, the applicant certifies that he/she has legal authority to start and maintain an open
fire at this location, knowingly presenting a false certification constitutes a criminal offence.
ACKNOWLEDGEMENT OF LIABILITY
Permittee accepts this permit subject to the terms outlined herein; this permit will not relieve the permittee
from complying with all other applicable legal requirements.
Print Name:
Title:
Signature:
Date:
Open Fire Regulation Bylaw No. 718, 2019
Page 8
VILLAGE OF GOLD RIVER
Bylaw No. 718, 2019
Schedule "B"
OUTDOOR FIRE PERMIT
Authority is granted to
(the permittee)
of
Phone:
(street address)
to set and maintain a fire for
day(s) on the following lands:
(site address)
for the purpose of land clearing during the period
(dates)
during the following times
to
,subject to the following conditions:
1.
The permittee shall be responsible for the fire(s) authorized by this permit.
2.
The permittee shall provide at the site at all times during the fire authorized by this permit a person
of 16 years of age or older equipped with suitable tools and water to effectively safeguard a fire.
3.
The permittee shall ensure that under this permit only dry, combustible organic material (land
clearing debris) will be burned and that prohibited materials will not be burned.
4.
The permit shall post this permit in a conspicuous location near or at the site where the fire is
operated.
5.
The permittee is liable for costs associated with fire damage to property or persons, as well as costs
incurred by local fire authorities for extinguishing the fire.
Open Fire Regulation Bylaw No. 718, 2019
Page 9
VILLAGE OF GOLD RIVER
Bylaw No. 718, 2019
Schedule "C"
BACKYARD CAMPFIRE REGISTRATION
Applicant Name:
Date:
Mailing Address:
Phone:
Fax:
Backyard Campfire Location
Street Address:
Property Owner:
I ____________________________ (property owner) confirm that the backyard campfire location and
use meet the following conditions:
Maintain a clearance of 4 meters (13 feet) from any structure
Maintain a clearance of 2 meters (6.5 feet) from shrubbery and wooden fences
Ensure that the base of an open fire is no larger in area than 1-meter x 1- meter (3 feet x 3 feet)
Ensure that extinguishing equipment such as a charged water hose, is readily available
Maintain constant supervision of the fire by a responsible person over the age of 16 years and who
is a permanent resident of the residence
Take every reasonable precaution to prevent heavy smoke from being generated or becoming a
nuisance
All backyard campfires shall be fully extinguished by 11:00 p.m. every evening.
Signature: ___________________
Village Authorized Signatory: ___________________
Date: ______________________
Title: : ___________________