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## Title
- 1.1 This bylaw may be cited as the "Open Burning Bylaw No. 2627, 2018".
## Definitions
- 2.1 In this Bylaw:
| Approved | means acceptable to the Fire Chief | means acceptable to the Fire Chief |
|------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Burn | includes fire and burning. | includes fire and burning. |
| Fire Chief | means the Member appointed by Council as head of the Fire Department and includes the Deputy Fire Chief or designate. | means the Member appointed by Council as head of the Fire Department and includes the Deputy Fire Chief or designate. |
| Land Clearing Debris | means any organic material cleared from land in the process of preparing the land for development, agriculture, silviculture, highway construction or utility installation or any other use. | means any organic material cleared from land in the process of preparing the land for development, agriculture, silviculture, highway construction or utility installation or any other use. |
| Occupant | includes: (ii) | a registered Owner or agent of the Owner; a tenant, lessee, licensee, user, agent and any other person who has the right of access. |
| Outdoor Boiler | means a wood or other solid-fuel Burning appliance commonly referred to as an outdoor hydronic heater which is used for the space heating of buildings, the heating of water or other such purpose and which is located in a separate building or on the exterior of the building which it serves. | means a wood or other solid-fuel Burning appliance commonly referred to as an outdoor hydronic heater which is used for the space heating of buildings, the heating of water or other such purpose and which is located in a separate building or on the exterior of the building which it serves. |
| Non-Wood Outdoor Burning Appliance | means a commercially manufactured device, meeting CSA/ULC, CGA or equivalent Approved and is fuelled by natural gas, propane, gel, or charcoal. | means a commercially manufactured device, meeting CSA/ULC, CGA or equivalent Approved and is fuelled by natural gas, propane, gel, or charcoal. |
| Outdoor Wood Burning Appliances | means a commercially manufactured device intended for containing outdoor wood fires, meeting CSA/ ULC, CGA or equivalent Approved, including chiminea. | means a commercially manufactured device intended for containing outdoor wood fires, meeting CSA/ ULC, CGA or equivalent Approved, including chiminea. |
| Owner | includes the authorized agent of the Owner. | includes the authorized agent of the Owner. |
| Permit | means a document issued by the Fire Chief pursuant to this bylaw authorizing a person to Burn under the terms and conditions specified in the Permit. | means a document issued by the Fire Chief pursuant to this bylaw authorizing a person to Burn under the terms and conditions specified in the Permit. |
| Prohibited Burning | means the burning of domestic, commercial, demolition, | means the burning of domestic, commercial, demolition, |
## City of Kimberley Open Burning Bylaw No. 2627, 2018
A bylaw to regulate open Burning in the City of Kimberley.
The Council of the City of Kimberley, in open meeting assembled, enacts as follows:
Materials renovation and construction waste materials including waste materials listed in the Open Burning Smoke Control Regulation of the Waste Management Act and without limiting the generality of the foregoing includes the following:
- Leaves, grass and grass cuttings
- Wooden pallets
- Tires
- Plastics
- Drywall
- Demolition Waste
- Paint
- Tar paper
- Treated lumber
- Railway ties
- Manure
- Rubber
- Asphalt and asphalt products
- Fuel and lubricant containers
- Bio medical waste.
Recreational Fire Pit means a fire pit for the burning of wood for recreational purposes and includes Approved Outdoor Wood Burning Appliances, such as chimineas and outdoor fireplace.
Special Event
means a community, cultural or ceremonial event or celebration.
## Severability
- 2.2 Except as otherwise provided, words and phrases used in this Bylaw will be interpreted consistently with the Community Charter, the Interpretation Act and the City of Kimberley Fire Bylaw No. 2595, 2017. A reference to a statute in this Bylaw refers to a statute of the Province of British Columbia, and a reference to any statute or bylaw refers to that enactment as it may be amended or replaced from time to time. Recitals and headings are for convenient reference and must not be construed as defining or limiting the scope or intent of the content. Any section, subsection, paragraph, subparagraph or clause of this bylaw is for any reason held invalid by the decision of a Court of competent jurisdiction, then the invalid portion shall be severed and the severance shall not affect the validity of the remainder of the bylaw.
## Administration
- 3.1 The Fire Chief may:
- (a) administer this bylaw, but owes no public duty to enforce or administer this bylaw;
- (b) keeps records of applications received, Permits, notices and orders issued, and may retain copies of all papers and document connected with the administration of this bylaw;
- (c) develop and execute suitable forms and other documentation to give effect to the provisions of this bylaw;
- (d) for the purpose of administering and enforcing the provisions of this Bylaw, enter, at all reasonable times, on any real property, and take any persons, apparatus or equipment deemed necessary to control or put out a Burn;
- (e) notwithstanding any other provision of this Bylaw, at any time in their opinion conditions warrant, declare a burning ban or issue an order;
- (f) issue a person a Permit to:
- (i) hold a Special Event or ceremonial Burn and set any terms or conditions with regards to the prevailing circumstances and the type and location of the special event;
- (Il) hold a Land Clearing Debris Burn and set any terms, conditions, restrictions and requirements;
- (iii) hold a forest fuel management Burn and set any terms, conditions, restrictions and requirements;
- (iv) authorize the use of an Approved Recreational Fire Pit or Outdoor Wood Burning appliance and set any terms and conditions.
- (g) revoke a Permit if there is a contravention of any of the terms and conditions under which the Permit was issued.
## Prohibition and Exceptions for Open Burning
- 4.1 No person shall light, start or Burn any fire in open air, whether or not in a Recreational Fire Pit, portable incinerator, outdoor fireplace, outdoor solid fuel combustion appliance or other portable appliance or device, for any purpose without a Permit under this bylaw, except the following:
- (a) a barbecue, whether fuelled by charcoal, natural gas or propane gas, contained within a barbecue for the sole purpose of cooking food;
- (b) a Non-Wood Outdoor Burning Appliance;
- (c) a propane heater designed for outdoor use;
- (d) a Burn carryout out by any Federal, Provincial or Municipal government or government agency;
- (e) a Burn done under the control of the City of Kimberley Fire Department for training purposes.
- 4.2 Yard waste burning is prohibited at all times.
- 4.3 No person shall Burn or allow a Burn to take place at variance with any terms or conditions specified in a Permit.
- 4.4 No person shall Burn or allow a Burn to take place during a Burn ban declared by the Fire Chief.
- 4.5 No person shall construct a fire pit, or Burn, or allow a Burn to take place in a fire pit at variance with any of the requirements contained in section 8.1 of this bylaw.
- 4.6 No person shall Burn or allow a Burn to take place at variance with an order.
- 4.7 No person shall interfere with, or obstruct the entry of the Fire Chief while acting in the conduct of administering or enforcement of this bylaw.
## Special Event or Ceremonial Burn Permit
- 5.1 Where the Fire Chief deems it expedient to do so, the Fire Chief may issue a Permit to allow the burning of clean, dry, solid and untreated wood in the open air for a Special Event or ceremonial Burn.
- 5.2 Without limiting the generality of section 5.1, Special Event or ceremonial Burn Permit may be Approved, in writing, by the Fire Chief subject to the following conditions:
- (a) a competent person:
- (i) must be at all times present and in charge of the fire while it is burning or smouldering;
- (iii) must ensure that any fire is completely extinguished;
- must be provided with efficient appliances and equipment to prevent the fire from getting beyond control or causing damage or becoming dangerous to life or property;
- (b) no burning may be carried out within 5 metres from any forest land, buildings, structures or any combustibles;
- (c) accelerants, building materials and non-organic material are not Permitted and may not be burned;
- (d) despite the issuance of a Permit under this section, no burning may be carried out if:
- it would be unsafe to do so due to climatic conditions or any other hazard; or
- if the ventilation index is not good or is otherwise deemed by the Ministry of Environment or Ministry of Health to be not suitable for burning.
- 5.3 Where the Fire Chief issues a Permit under this bylaw to allow a fire for the purpose of a Special Event or ceremonial Burn, the Fire Chief may require that Members must be in attendance to provide fire protection services based on the Fire Chief's discretion having regard to the level of risk in the circumstances.
## Land Clearing Debris Burn Permit
- 6.1 All open burning for the purpose of Land Clearing Debris shall comply with the following terms, conditions, restrictions and requirements for the Fire Chief to issue a Permit:
- (a) Permits will only be issued for open burning of Land Clearing Debris which originates from the site on which the burning is to be carried out, and following referral to, and approval from, Federal or Provincial regulatory agencies, where applicable;
- (b) burning of Land Clearing Debris may only occur between October 1 and March 31, when authorized by the Fire Chief;
- (c) the Fire Chief may extend the burning period of Land Clearing Debris Burn if he deems conditions exist that burning does not create a fire hazard;
- (d) no more than four (4) Permits may be issued in any calendar year for open burning on the same parcel of land;
- (e) no Permit for open burning will be issued for a property if open burning has been carried out on the same property at any time during the preceding 15 days;
- (f) stumps or other material in excess of eight (8) inches in diameter, must not be burned unless they have been allowed to dry for at least one (1) year, or such lesser period of time as may be acceptable to the Fire Chief having regard to the nature of the material;
- (g) open burning of Land Clearing Debris must be carried out at least 100 metres from neighboring residences and businesses, and 500 metres from schools in session, hospitals and facilities used for continuing care as defined under the Continuing Care Act;
- (h) the ignition of materials for open burning of Land Clearing Debris shall only be carried out during daylight hours;
- (i) no burning materials shall be added to a Land Clearing Debris fire after 1700 hours 5:00 pm) unless otherwise authorized in writing by the Fire Chief;
- (i) ignition of materials for burning of Land Clearing Debris shall only occur on days when the smoke Ventilation Index as report by the Meteorological Service of Canada is 55 (good) or greater and 34 (fair) or greater for the second day of smoke release;
- (k) the smoke release for each Permit shall not be greater than 72 consecutive hours;
- (1) every person to who 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 equipment in order to prevent the fire from getting beyond control or causing damage or becoming dangerous to life or property;
- (m) to facilitate burning and reduce smoke, the Fire Chief may require a Permit holder to use special equipment to facilitate burning under certain circumstances;
- (n) open burning of Land Clearing Debris shall be in strict accordance with any general guidelines established by the Fire Chief and all terms and conditions of the Permit which authorizes such open Burn.
## Forest Fuel Management Burn Permit
- 7.1 All open burning for the purpose of forest fuel management shall comply with the following terms, conditions, restrictions and requirements for the Fire Chief to issue a Permit:
- Permits will only be issued for open burning for the purpose of forest fuel management which originates from the site on which the burning is to be carried out, and following referral to, and approval from, Federal or Provincial regulatory agencies, where applicable;
- (b) burning for forest fuel management may only occur when authorized by the Fire Chief;
- (c) open burning for forest fuel management must be carried out at least 100 metres from neighboring residences and businesses, and 500 metres from schools in session, hospitals and facilities used for continuing care as defined under the Continuing Care Act;
- (d) the ignition of materials for open burning of forest fuel management shall only be carried out during daylight hours;
- (e) no burning materials shall be added to a forest fuel management fire after 1700 hours (5:00 pm) unless otherwise authorized in writing by the Fire Chief;
- (f) ignition of materials for burning for forest fuel management shall only occur on days when the smoke Ventilation Index as report by the Meteorological Service of Canada is 55 (good) or greater and 34 (fair) or greater for the second day of smoke release;
- (g) the smoke release for each Permit shall not be greater than 72 consecutive hours;
- (h) every person to who 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 equipment in order to prevent the fire from getting beyond control or causing damage or becoming dangerous to life or property;
- to facilitate burning and reduce smoke, the Fire Chief may require a Permit holder to use special equipment to facilitate burning under certain circumstances;
- open burning for the purpose of forest fuel management shall be in strict accordance with any general guidelines established by the Fire Chief and all terms and conditions of the Permit which authorizes such open Burn.
## Recreational Fire Pit Permit
- 8.1 the Fire Chief: Recreational Fire Pit and their use shall comply with the following for a Permit to be issued by
- (a) must be constructed of masonry, brick or solid steel;
- (b) must be permanently attached in the location Approved by the Fire Chief;
- (c) must have a maximum width of 60 cm (24") and minimum height of 45 cm (18");
- (d) must have, in the opinion of the Fire Chief, an acceptable spark arrestors installed on top of the Recreational Fire Pit to stop any sparks from becoming airborne;
- (e) there must be a minimum 182 m (six-foot) diameter non-combustible surface around and under the recreational fire pit area, such as crushed rock, paving stones, or concrete;
- there must be a minimum 3 m (10 foot)-clearance from any building, combustible structure or fence;
- (g) except for a parcel of land containing a lawful campground use, a recreational fire pit shall not be located closer than (3 m) 10 feet to any building, combustible structure, fence or any type of material or vegetation that may be subject to combustion;
- (h) except for a parcel of land containing a lawful campground use, a fire pit shall only be Permitted on a parcel of land containing a dwelling unit;
- a Burn is to be confined to within the Recreational Fire Pit;
- (i) only dry wood shall be burned within a Recreational Fire Pit;
- (k) Recreational Fire Pits must only be operated from 3:30 pm until 11:00 pm and all fires must be completely extinguished by 11:00 pm;
- (1) an adult person shall be in attendance at the pit, or in close vicinity to the fire pit, at all times during a Burn;
- (m) no person shall continue to Burn if it is the cause of an unreasonable nuisance to any other person in the neighborhood because of drifting smoke, ash or an unpleasant odour;
- (n) on a parcel of land containing a lawful campground use it shall be the responsibility of the Owner of the land or campground to ensure that fire pits are at a safe distance from any building, combustible structure or any type of material or vegetation that may be subject to combustion;
- (0) Outdoor Wood Burning Appliance may be considered by the Fire Chief based on size, construction type, configuration and may be authorized by Permit;
- (p) any alteration of the Recreational Fire Pit or replacement of the Outdoor Wood Burning Appliance must be reapproved by the Fire Chief and is subject to the reinspection fee;
- (a) the Permit application for a Recreational Fire Pit or Outdoor Wood Burning Appliance must be signed by the Owner of the property at the time of the application and conditions must be accepted.
## Outdoor Boilers
- 10.1 No person shall install, or cause, suffer or Permit the installation or operation of an Outdoor Boiler within or outside any premises.
## Responsibility for Fires
- 11.1 Every person who lights, ignites or starts, or allows or causes to be lighted, ignited or started a fire of any kind whatsoever in the open air so as to constitute open Burning, or fails to extinguish such fire, whether such fire was started with or without a Permit under this bylaw, shall be responsible for the fire, and if such fire gets out-of-control, that person shall be liable for all costs and expenses incurred by the City in controlling and extinguishing the fire. For the purposes of this section, 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.
- 11.2 If a person referred to in section 11.1 fails to pay to the City the costs it incurs to control and extinguish the out-of-control fire, the City may recover its costs from the Owner of the property from which the out-of-control fire originated in the same manner as for municipal property taxes and, if such costs remain unpaid as of December 31, they shall be deemed to be taxes in arrear.
## Permit Fee
- 12.1 Before receiving a Permit, the applicant must pay the non-refundable fee set out in Schedule A of this bylaw.
- 12.2 In addition to the fees required under other provisions of this bylaw, the applicant must pay the non-refundable fee set out in Schedule A for:
- a re-inspection after the modification of a Recreational Fire Pit.
## Expiration of Permit
- 13.1 Every Recreational Fire Pit or Outdoor Wood Burning Appliance Permit is issued on the condition that the Permit expires when the applicant, either Owner or Occupant, is no longer
residing at the address for which the Permit was issued or upon any modification of the Recreational Fire Pit/Outdoor Wood Burning Appliance or replacement.
- 13.2 A Special Event or ceremonial Burn Permit expires on the date set in the Permit.
- A Land Clearing Debris Permit is issued on the condition that the Permit expires on the date set in the Permit, unless an extension is granted, in writing, by the Fire Chief.
- 13.4 A Forest Fuel Management Permit is issued on the condition that the Permit expires on the date set in the Permit, unless an extension is granted, in writing, by the Fire Chief.
## Refusal and Revocation of Permits
- 14.1 The Fire Chief may revoke a Permit if there is a violation of:
- (a) a condition under which the Permit was issued;
such Permit revocation must be in writing and sent to the Permit holder by mail, or personal service on the Permit holder.
## Enforcement and Penalties
## Offence
## 15.1 A person who:
- (a) contravenes or fails to comply with this bylaw;
- (b) Permits, suffers or allows any act or thing to be done in contravention of this bylaw;
- (c) fails to carry out an order made under this bylaw; or
- (d) fails or neglects to do anything required under a Permit or anything require to be done under any provision of this bylaw;
commits an offence and each day such an offence continues or is Permitted to continue will constitute a separate offence.
- 15.2 A person who is guilty of an offence under this bylaw is liable:
- (a) to pay a fine of up to $10,000 if proceedings are brought under the Offence Act and the costs of prosecution; and
- (b) to pay compensation for damage or loss sustained by the City or another person resulting from the offence; or
- (c) to pay a fine of up to $1,000 if the bylaw is enforced by means of a municipal ticket information system under Part 8, Division 3 of the Community Charter.
## Schedules
16.1 Schedules A and B are attached to and form part of this bylaw:
- Schedule B
- Schedule A
## Repeal
17.1 Open Burning Bylaw No. 2364, 2009, as amended, is hereby repealed.
Read a first, second, and third time on the 26t day of November, 2018.
Adopted on the 10th day of December, 2018.
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Mayor
Corporate Officer
Fees
Guidelines for Recreational Fire Pit
## Open Burning Bylaw No. 2627, 2018 Schedule A - Fees
| Type of Permit | Permit Fee |
|---------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Recreational Fire Pit and Outdoor Wood Burning Appliance Permit (Administrative cost for one time renewal of Permit issued prior to December 31, 2018). | $25.00 |
| Recreational Fire Pit and Outdoor Wood Burning Appliance Permit issued after January 1, 2019 | $50.00 |
| Re-inspection of Recreational Fire Pit and Outdoor Wood Burning Appliance | $25.00 |
| Special Event and Ceremonial Burn Permit Fee for member(s) of the Fire Department to be in attendance for the purpose of fire protection | No charge for non-profit organizations $25.00 for commercial events Fire Service fees for apparatus and equipment. Staff rate at costs to the City plus 10% (3 hour minimum) |
| Land Clearing Debris Burn Permit | $50.00 |
| Forest Fuel Management Burn Permit | No fee |
| Fee recovery for out-of-control open Burning fire | Costs to the City plus 10% |
## Open Burning Bylaw No. 2627, 2018 Schedule B - Guidelines for Recreational Fire Pit
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