Open Air Burning Regulation Bylaw No. 510, 2019

Granisle, British Columbia · No. 510 · adopted 2019-10-16 · summary & facts

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THECORPORATIONor THEVILLAGEor GRANISLE BYLAWNO. 510, 2019 Being a bylaw to provideforthe Regulation ofOpen AirBurning. WHEREASthe LocalGovernment Act authorizes Council, by bylaw, to make regulations with respect to fire suppression and prevention; ANDWHEREASthe Community Charter authorizes to regulate, prohibit and impose requirement in relation to the protection and enhancement of the air quality of the community; ANDWHEREASthe Community Charter authorizes Councilto regulate, prohibit and impose requirements in relationship to the protection of the natural environment; NOW THEREFORETHECouncilof the Village of Granisle in open meeting assembled enacts as follows: CITATION 1. This Bylawmay be cited as "Open AirBurning Regulation BylawNo. 510, 2019. 2. This Bylaw repeals "Bylaw No. 442, 2012 -- being "a Bylaw to provide forthe regulation ofopen air Burning" and all amendments hereto 3. INTERPRETATION "Approved incinerator" means a non-combustible container placed upon a non--combustib|e base and filled with a device or screen to contain sparks and flyingdebris, "Building" means any structure used or intended to be used for supporting or sheltering any use or occupancy; "Burning Permit" means a document issued pursuant to this Bylawauthorizing a person to carry on an open air burn under the specific conditions as outlined in this Bylaw; "Camp?re" means a fire not exceeding 100 cm by 100 cm in diameter and 100 cm in height, contained within a fire pit and intended for an used to provide warmth; "Captain" means the third person/s in command to the Fire Chief; "Council" means the Councilfor the Corporation of the Villageof Granisle; "Cooking Fire" means a fire not exceeding 100 cm by 100 cm in diameter and 100 cm in height, contained within a fire pit and intended for cooking food, with direct or indirect heat; "Department" means the Village of Granisle Volunteer Fire/Rescue Department; "Deputy Fire Chief" means the person second in command to the Fire Chief; "Equipment" means any tools, contrivances, devices or materials used by the Department to combat an incident or other emergency; "Fire Chief" means the person appointed by the Granisle Fire Department Association, and approved by Mayor and Councilas head of the Department, and shallbe deemed to be a MunicipalPublicOfficeras defined in the Community Charter; "Fire Pit" means a non--combustibleenclosure, being a minimum of 15 cm in height, having a minimum of three sides, if rectangular, and having a minimum outside width of 1 meter and being a maximum of 30 cm in height; "Fire Protection" means all aspects of fire safety including but not limited to fire prevention, ?re fighting or suppression, pre-fire planning, fire investigation, publiceducation and information, training or other staff development and advising; "lncident" means a fire or situation where a fire or explosion is imminent and includes assistance response circumstances described in Section 4 of this bylaw; "Member" means any person appointed by the FireChiefand ratified by a successful vote by mayor and councilas a Member of the Department and includeswithout limitation the officers, firefighters and administrative staff of the Fire Department; "Nuisance" means the emission into the atmosphere of smoke by any means, which disturbs the comfort or convenience of persons in the vicinity; "Occupier" includes tenant, lessee, agent and any other person who has the right of access and control of a building or premises to whichthis Bylawapplies; "Officer"means a Member appointed by the FireChiefas an Officeror Captain of the Department, but nothing in this Bylaw makes such a person Officersfor the purpose of Section 146 of the Community Charter; "Officer in Charge" means a Fire Chiefor, in hisabsence, the senior ranking Officeror Member of the Department who is present at the location of the incident; "Open AirBurning" means any fire that is conducted outside a building, including a fire conducted in a garden, yard, alley, field, park, industrial site, building lot, street or other place; "Prohibited Burning Materials" means waste material including demolition, renovation or construction waste material and those listed in the Open Burning Smoke Control Regulation enacted pursuant to the EnvironmentalManagement Act as amended from time to time including the following: a,Tires j. Domestic waste b.Treated wood k. Asphalt c. Plastics |. Paint d.Railroad ties m. Asphalt products e.Drywal| n. Special waste f. Manure 0. Fuel and lubricant containers g. Demolition waste p. Tar paper h.Rubber q. Bio-medicalwaste i. Standing grass "Smoke" means the gasses, particulate matter and all products of combustion emitted into the atmosphere when a substance or material is burned including,without limitation, smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia. 4. BURNINGPERMIT a. Unless prohibited pursuant to Section 11 of this Bylaw,no person may start an open air burning on a parcel of land unless the person holds a validburning permit issued pursuant to this Bylaw as set out in Schedule "A"attached hereto; b. Any person wishing to start open air burning shall first obtain a permit from the Fire Chief, Deputy Chiefor their designate. c. The burning permit holder shall have the burning permit available on site for review by the Fire Chief, Deputy or Officer. d. Allpermitted materials to be burned must originate from the parcel of land on which it is to be burned. e. The burning permit holder is responsible for controlling the fire, completely extinguishing the fire and is responsible for any damages caused by the fire. f. A burning permit for any form of open air burning is required for the month of May through to, and including the month of September of each calendar year. g. Open fires larger than 100 cm by 100 cm in width and by 100 cm in height require an open burning permit. h. Permits issued by the Granisle Volunteer Fire Department stillrequire permit holders to contact Ministry of Environment in relation to proper burning procedures. 5. OPEN AIRBURNINGPROHIBITIONS a. No person may start an open fire burn on any parcel of land designated as "residential", "institutional", "commercial", "industrial" as set out in the Village of Granisle Zoning Bylaw, without first receiving authorization from the Fire Chief,Deputy or their designate; b. No material other than brush material includingtree limbs and branches, leaves, bush trimmings or raked grass shall be burned; c. No industrial or domestic waste of any kind, construction materials or pressure treated wood shall be burned; d. No open burning is allowed on days when the ventilation index is defined as "poor" by Environment Canada; e. No open burning is allowed between the hours of 12:00 a.m. and 7:00 a.m. daily; No open burning is permitted during high winds, greater than 20 kilometers per hour; g. The fire or smoke from an open burn cannot create a nuisance for those in the surrounding area; h. No person shall apply for an open air burn permit, or burn when there is a "no burn" advisory from the Government of BritishColumbia, through BCForest and Range, or the Wildlife Management Branch. 6. CLEARANCES a. No open burning is allowed: (1) within 2 meters of any hedges or fence or 5 meters of any combustible structure when using an approved incinerator; (2) within 8 meters of any building structure, fence or hedge when not using an approved incinerator; (3) within 10 meters of any stream; (4) within 5 meters of any public roadway; (5) within 5 meters of any power poles or power lines; (6) within 300 meters of school during 8:00 a.m. to 5:00 p.m. on regular school days. 7. MEANS OF CONTROL a. Every person to whom a burning permit has been issued must: (1) ensure that open air burning is in accordance with any terms and conditions contained in the burning permit or inthe guidelines or instructions presented by the Fire Chief, Deputy or their designate; (2) ensure an individualover the age of eighteen is in charge of the open burn and is on site and prepared with the appropriate equipment required to control and extinguish the fire; (3) ensure that the burn does not get beyond control, cause damage to any property or person. 8. PUBLICSAFETY a. No person shall burn any material in any manner which: (1) produces heavy or toxic smoke and/orfly ash which endangers the health, safety or welfare of persons or animals; or (2) causes smoke to obscure visibilityand thereby creates a hazard to the public at large, or traffic on a public roadway; or (3) creates a nuisance to those in the area. 9. RESTRICTIONSOR CANCELLATIONSOF PERMITS a. The Fire Chiefor any member of the Fire Department may require any person to extinguish open air burning which is in breach of any provision, condition or restriction of this Bylawor any burning permit issued pursuant to this Bylaw; b. Where, in the opinion of the Fire Chief/Deputy/Captain, hazardous open air burning conditions develop or exist, the Fire Chief/Deputy/Captain may, at any time, make an order cancelling or suspending all or any permits issued pursuant to this Bylaw, or attaching to all permits any conditions or restrictions as the Fire Chief/Deputy/Captain may deem necessary; c. Allburning permits issued willbe considered nulland void ifthe Government of British Columbia, through the BCForest and Range, or the Wildfire Management Branch, bans open fires, campfires and or cooking fires, in ourjurisdiction. This "No Burn" policy willcontinue to be enforced until such a time the appropriate agency/s rescinds the restriction. 10. EXEMPTIONS a. ThisBylawdoes not apply to the normal use of charcoal, gas fired or electric grillsand barbecues for the purpose of cooking food or approved gas fueled outdoor fireplaces or heaters; b. This Bylawdoes not apply to open air burning set for the purpose of Fire Department "LiveFire" training exercises; c. Special permits may be issued during Province wide fire bans, with the written consent of the Mayor, Counciland the Granisle Volunteer Fire Department. This,only after a detailed report to the Mayor and Counciloutlining why the fire is needed and the precautionary steps proposed to avoid a fire spread. 11. FIREPITS[COOK|NGFIRE a. An outdoor fire pit/cooking fire may be operated without a permit between 7:00 a.m. and 1:00 a.m. provided that: (1) it is located at a distance of not less than 6 meters between the fire pit and any building, structure, property line, tree, hedge, fence, roadway, overhead wire or other combustible articles; (2) the fire is fully contained and controlled within the pit and does not exceed more than half a meter in height and a half a meter by half a meter in width; (3) it is contained by a distinctive, raised, non-combustible barrier that completely surround the fire pit to prevent the fire from spreading to the surrounding area; (4) no material other than bush material including tree limbs, branches and brush trimmings or manufactured logs specifically designed for fireplaces shall be used in any outdoor fire pit; (5) it does not create a nuisance; (6) a portable fire extinguisher or operable garden hose isavailablefrom the time of setting of the fire until the fire is totally extinguished; and (7) the owner or occupier is eighteen years of age or older and maintains constant watch and control over the outdoor fire pit from the time of the setting of the fire until the fire is completely extinguished; 12. (8) fire pits/cooking fires willbe disallowed ifthe Government of British Columbia, through BC Forest and Range, or the Wildfire Management Branch issue open fire or campfire restrictions and willnot be allowed until such a time the appropriate agency rescinds the restriction. ENFORCEMENTAND COSTRECOVERY a. Where the FireChief/Deputy Chief/Bylaw Officer or Municipal Representative finds that any provision of this bylaw has been contravened or has not been complied with or has been complied with improperly or only in part or that conditions exist in or upon a building or property and which, in his/heropinion, constitutes a fire hazard or otherwise constitutes a hazard to lifeand/orproperty, he/shemay make such order to ensure full and proper compliance with this bylaw or to eliminate the fire hazard and in particular, but without limiting the generality of the foregoing, he/shemay: (1) make the owner, occupier or lessee to the building or property such directions as he/she deems necessary to correct the contravention or to ensure compliance with this bylaw or to remove hazards, or (2) make such an order as he/shedeems necessary with respect to any of the matters referred to in this bylaw. b. An order made under this bylaw shall be in writing and shall be directed to the owner, occupier or lessee of the building or property in respect of which the order is made or to both; c. Where the owner or occupier failsto comply with any order under this section, the Fire Chief/DeputyChief/BylawOfficer or Municipal Representative may, at the expense of the owner or occupant, cause the condition to be remedied as required; d. Any expenses incurred by the Village of Granisle under Section 11 above are recoverable by Section 258 of the Community Charter; e. Cost recovery willdepend on the amount of personnel and equipment required to deal with emergency response for an open fire/camp fire/cooking fire that has spread from its intended area. A number of factors willbe considered in cost recovery including but not limited to; (1) number of violations/notices, blatant disregard for life safety, blatant disregard for health safety, size and severity of affected area and amount of material cost included in successful suppression, f. The cost recovery billwillbe approved by the Village of Granisle, ChiefAdministrative Officer and Fire Chief. 13. SEVERABLITYOF PROVISIONS a. if any section, subsection or clause of this bylaw is declared or held to be invalid by a court of competentjurisdiction, then that invalid portion will be severed and the remainder of this bylaw willbe deemed to have been enacted and adopted without the invalid and severed section, subsection or clause. READA FIRSTTIMETHISZN"DAYOF OCTOBER,2019 READA SECONDTIME THIS2"" DAY OF OCTOBER,2019 READA THIRDTIME THlS 2""DAYOF OCTOBER,20l9 RECONSIDERED,finally passed, and adopted by the Municipal Council of the Village of Granislethis 16" day of October,2019 (?t 33425:, £044, Linda McGuire, Mayor Sharon Smith, Chief Administrative Officer Certified a true copy of Bylaw No. 510, 2019 as adopted by Council 3 /,5<»O% Sharon Smith, Chief Administrative Officer r1'....¢ . '5 .'__~ '. SCHEDULE"A" Open Air Burning Regulation Bylaw No. 510, 2019 Open Air Burning Permit Date in Effect: ExpiryDate: IssuedTo: ApplicantsAddress: Open Fire Location: Phone Number: I agree to comply with all requirements of the Village of Granisle Open Burning Bylaw and I will be responsible for and attend to the fire at all times Applicant/OwnersSignature Fire Chief/Deputy or Designate Signature (Member) PERMITCONDITIONS: PLEASEREADCAREFULLY Regulations The holder of this permit is entitled to have an open fire that meets the interpretation section of this Bylaw that states "a fire exceeding 100 cm x 100 cm l39.4inches) in diameter and 100 cm (39.4 in height" 3. Burning Permit a) b) cl d) e) f) g) hl Unless prohibited, pursuant to Section 11 of this Bylaw, no person may start an open air burning on a parcel of land unless the person holds a valid burning permit issued pursuant to this Bylaw; Any person wishing to start open air burning shallfirst obtain a permit from the Fire Chief, Deputy Chiefor Officer; The burning permit holder shall have the burning permit available on site for review by the Fire Chief, Deputy Chiefor Officer; Allpermitted materials to be burned must originate from the parcel of land on which it is to be burned; The burning permit holder is responsible for controlling the fire completely extinguishing the fire and is responsible for any damages caused by the fire; Aburning permit for any form of open air burning is required for the month of May through to, and includingthe month of September of each calendar year; Open fires requiring a burning permit are no larger than a meter in height and a meter by a meter in width (100 cm by 100 cm in width by 100 cm in height); Permits issued by the Granisle Volunteer Fire Department still require permit holders to contact Ministry of Environment in relation to proper burning procedures. 4. OPENAIRBURNINGPROHIBITIONS 3) b) 3) h) No person may start an open fire burn on any parcel of land designated as "residential", "institutional", "commercial", "industrial"as set out in the Village of Granisle Zoning Bylaw,without ?rst receiving authorization from the Fire Chief, Deputy or their designate; No material other than brush material including tree limbs and branches, leaves, brush trimmings or raked grass shall be burned; No industrial or domestic waste of any kind, construction material or pressure treated wood shall be burned; No open burning is allowed on days when the ventilation index is defined as "poor" by Environment Canada; No open burning is allowed between the hours of 12:00 a.m. and 7:00 a.m. daily; No open burning is permitted during high winds, greater than 20 km per hour; The ?re or smoke from an open burn cannot create a nuisance for those in the surrounding area; No person shall apply for an open burn permit or burn where there is a "No Burn" advisory from the Government of BritishColumbia, through BCForest and Range, or the Wildlife Management Branch. 5. CLEARANCES a) No open burning is allowed 1. within 2 meters of any hedge or fence or 5 meters of any combustible structure when using an approved incinerator; within 8 meters of any building structure, fence or hedge when not using an approved incinerator; within 10 meters of any stream; to exceed 1 meter in height and 1 meter in diameter; within 5 meters of any public roadway; within 5 meters of any power poles or power lines; within 300 meters of a school during 8:00 a.m. to 5:00 p.m. on regular school days. 6. MEANSOF CONTROL a) Every person to whom a burning permit has been issued must: 1. Ensure that open air burning is in accordance with any terms and conditions contained in the burning permit or in the guidelines or instructions presented by the Fire Chief, Deputy or their designate; 2. Ensure an individualover the age of nineteen is in charge of the open burn and is on site and prepared with the appropriate equipment required to control and extinguish the fire; 3. Ensure the burn does not get out of control, cause damage to any property or person. 7. PUBLICSAFETY a) No person shall burn any material in any manner which: 1. produces heavy toxic smoke and/orfly ash which endangers the health, safety or welfare of persons or animals; or 2. cause smoke to obscure visibility and thereby creates a hazard to the public at large, or traffic on a public roadway; 3. creates a nuisance to those in the area. 8. RESTRICTIONSOR CANCELLATIONSOF PERMITS a) The Fire Chief or any member of the Fire Department may require any person to extinguish open air burning which is in breach of any provision, condition or restriction of this Bylaw or any burning permit issued pursuant to this Bylaw: b) Where, in the opinion of the Fire Chief/Deputy/Captain, hazardous open air burning conditions develop or exist, the Fire Chief/Deputy/Captain may, at any time, make an order cancelling or suspending all or any permits issued pursuant to this Bylaw, or attaching to allthe permits any conditions or restrictions as the Fire Chief/Deputy/Captainmay deem necessary. Allburning permits issuedwillbe considered null and void ifthe Government of BritishColumbia, through the BCForest and Range, or the WildlifeManagement Branch, bans open ?res, campfires and/orcooking fires, in ourjurisdiction. This "No Burn"policy willcontinue to be enforced until such a time the appropriate agency/s rescinds the restriction. 9. ENFORCEMENTANDCOSTRECOVERY al bl Where the Fire Chief/Deputy Chief/Bylaw Officer or Municipal Representative finds that any provision of this Bylawhas been contravened or has not been complied with or has been complied with improperly or only in part or that conditions exist in or upon a building or property and which, in his/heropinion, constitutes a fire hazard or otherwise constitutes a hazard to lifeand/orproperty, he/shemay make such order to ensure full and proper compliance with this Bylawor to eliminate the fire hazard and in particular, but without limiting the generality of the foregoing, he/shemay: 1) Make the owner, occupier or lessee to the building or property such directions as he/shedeems necessary to correct the contravention or to ensure compliance with this Bylaw or to remove the hazards, or 2) Make such an order as he/shedeems necessary with respect to any of the matters referred to in this Bylaw. An order made under this Bylawshall be writing and shall be directed to the owner, occupier or lessee of the building or property in respect of whichthe order is made or to both; Where the owner or occupier fails to comply with any order under this section, the Fire Chief/Deputy Chief/Bylaw Officer or Municipal Representative may, at the expense of the owner or occupant, cause the condition to be remedied as required; Any expense incurred by the Village of Granisleunder Section 11 above are recoverable by Section 258 of the Community Charter; Cost recovery willdepend on the amount of personnel and equipment required to deal with emergency response for an open ?re/camp fire/cooking fire that has spread from its intended area. A number of factors will be considered in cost recovery including but not limited to: 1. Number of violations/notices, blatant disregard for lifesafety, blatant disregard for health safety, size and severity of affected area, and amount of material cost included in successful suppression. The cost recovery billwillbe approved by the Village of Granisle, ChiefAdministrative Officerand Fire Chief. 10