This is the exact embedded text of the captured official document.
Snapshot 2d47dde23828 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF LAKE COWICHAN
BYLAW NO. 878-2009
OUTDOOR BURNING REGULATION
WHEREAS Council, under the Community Charter gives Council the authority to enact
regulations under the Fire Services Act and the regulations made under it, may by bylaw
regulate the use of fires in the open air or elsewhere; require the owners or occupiers of real
property to remove anything and everything from a building or yard which, in the opinion of
the Fire Chief, is a fire hazard or increases the danger of fire, and to clean chimneys and flues
or other apparatus or thing which may, in the opinion of the Fire Chief, if not cleaned, cause a
fire or increase the danger of fire; authorize the Fire Chief, a person under his authority, or
another person designated in the bylaw to:
(a)
inspect premises for conditions which may cause a fire or increase the danger of a
fire or increase the danger to person;
(b)
take the measures described in the bylaw to prevent and suppress fires, including
the demolition of buildings and structures to prevent the spreading of fire;
(c)
issue permits for outdoor fires when considered safe to do so; and
(d)
deal with any matter within the scope of the Fire Services Act in a manner not in
contravention to that Act or the regulations under it.
NOW THEREFORE the Council of the Town of Lake Cowichan in open meeting assembled
enacts as follows:
CITATION
1.
This bylaw may be cited for all purposes as "Town of Lake Cowichan Outdoor Burning
Regulation Bylaw No. 878-2009".
INTERPRETATION
2.
In this bylaw,
AIR CURTAIN BURNER is a portable or stationary combustion device that directs a
plane of high velocity forced draft air through a manifold head into a burn chamber, or
earthen pit or trench made to function as the Fire Box, with vertical walls in such a
manner as to maintain a curtain of air over the surface of the burn chamber and a re-
circulating motion of air under the curtain;
CLASS "1" FIRE is an outdoor fire which permits special occasion and ceremonial fires
only;
CLASS "2" FIRE is an outdoor fire which occurs in garden waste consisting of non-toxic
garden materials stored on a parcel not exceeding one hectare in area, and includes grass
clippings, leaves and branches pruned from trees and shrubs;
CLASS "3" FIRE is an outdoor fire which occurs in waste resulting from the demolition or
construction of a building or structure where the volume of waste is limited to 16 cubic
feet in volume;
GARDEN REFUSE FIRE means an outdoor fire in which garden refuse is deliberately
burned for the purpose of disposal;
Town of Lake Cowichan Outdoor Burning Regulation Bylaw No. 878-2009 Page 2
- 2 -
LAND CLEARING DEBRIS FIRE means an outdoor fire of waste from parcels of land
(minimum 2.02 hectares or 5 acres in size) contained in an air curtain burner in which
waste from brush or tree clearing operations for the purpose of clearing land for
development;
NOXIOUS MATERIAL includes tires, oil, tar, asphalt, shingles, batteries, plastic and
other substances which produce heavy black smoke, noxious odours or toxic residue when
burned;
OFFICER means the Fire Chief, Deputy Fire Chief, and a Captain of Lake Cowichan Fire
Department or their designates duly appointed from time to time to lawfully act in that
capacity;
OUTDOOR FIRE means a fire that burns outdoors in the open air that is not enclosed in
a fireplace, furnace or other such device, but does not include the striking of a match;
GENERAL REGULATIONS - OUTDOOR FIRES
3.
No person shall,
(a)
except as expressly permitted by this bylaw, start or maintain any outdoor fire or
permit any outdoor fire to burn on property owned or occupied by that person;
(b)
burn any noxious, explosive, corrosive or toxic materials, pesticide or herbicide in
an outdoor fire;
(c)
burn, in an outdoor fire, materials brought from another location;
(d)
light, ignite or start or allow or cause to be lighted, ignited or started, an outdoor
fire without first obtaining a permit if required by this bylaw;
(e)
start or maintain a fire without adequate supervision or the capability of
extinguishing the fire.
4.
No person shall cause or permit smoke from the disposal of Land Clearing Debris except
in accordance with the following regulations:
(a)
Subject to Section 5, an Air Curtain Burner shall be used for all Open Burning of
Land Clearing Debris;
(b)
The use of an Air Curtain Burner for the disposal of Land Clearing Debris must be
registered with the Town of Lake Cowichan Fire Department prior to the
commencement of disposal activities, in accordance with Schedule A of this
bylaw;
(c)
An operating Air Curtain Burner shall be supervised at all times by a person who
has received Operator Certification;
(d)
Only Land Clearing Debris shall be burned in an Air Curtain Burner.
5.
Land Clearing Debris applies to machine-piled debris which does not include grass or
shrubs.
6.
The following types of outdoor fires may be started and maintained at any time without a
permit and are excluded from the regulations of this bylaw;
Town of Lake Cowichan Outdoor Burning Regulation Bylaw No. 878-2009 Page 3
- 3 -
(a)
cooking fires contained within a barbeque pit, fire pit or other device having a
surface area not greater than four (4) square feet; or within a manufactured gas or
electric barbeque; and
(b)
fires started and maintained by Lake Cowichan Fire/Rescue for training purposes or
to prevent the commencement or spreading of fire.
7.
Nothing in this bylaw shall be interpreted as relieving a person from complying with:
(a)
Federal, Provincial, and Local Government regulations;
(b)
Local fire restrictions imposed by the Fire Chief or Local Fire Commissioner Officer
or persons having jurisdiction to control or police Open Burning.
GENERAL REGULATIONS - CLASS "1" FIRES
8.
No person shall start or maintain a Class "1" Fire unless it is for a civic event, function or
festival approved by an Officer.
GENERAL REGULATIONS - CLASS "2" AND "3" FIRES
9.
No person shall start or maintain a Class "2" or "3" Fire or a garden refuse fire.
PERMITS
10.
A person who wishes to start an outdoor fire, not excepted by Section 4, shall obtain a
permit and complete and sign an application in the form outlined in Schedule "A" attached
to this bylaw together with a permit fee of $100.
11.
An Officer may issue a permit in the form attached to this bylaw as Schedule "A" and,
prior to issuing a permit, inspect the proposed site of the fire and direct that actions be
taken to comply with the provisions of this bylaw and specify in the permit the fire fighting
equipment to be provided on the site of the fire or any other precautions.
12.
The dates on which a permitted outdoor fire may burn shall be stated on the permit.
13.
An Officer may refuse to issue a permit when the Officer considers that it is not safe for
the proposed fire to be started or maintained and may, without limiting what the Officer
may take into account, consider weather conditions, site conditions and availability of
Fire/Rescue personnel to extinguish the proposed fire.
14.
An Officer may suspend or cancel a permit issued pursuant to Section 8 when, in the
opinion of the Officer, the fire conditions relevant to the fire becomes unsafe or a
nuisance, and may reissue the permit at a later date.
15.
The permit holder shall inspect the fire site following the permit expiration date and within
four (4) hours of the cessation of the fire and ensure that the fire is extinguished.
Town of Lake Cowichan Outdoor Burning Regulation Bylaw No. 878-2009 Page 4
- 4 -
INSPECTIONS AND ORDERS
16.
An Officer may enter at all reasonable times on any property that is subject to the
requirements or regulations of this bylaw, to ascertain whether the regulations in this
bylaw or directions made under this bylaw are being observed; inspect premises for
conditions which may cause a fire or increase the danger of a fire or increase the danger
to persons; make orders directing the owners or occupiers of property to bring their
premises or a fire into compliance with the bylaw.
17.
No person shall obstruct or prevent an Officer from carrying out an inspection under this
bylaw.
OFFENSES
18.
Any persons who violates any of the provisions of this bylaw or suffers or permits any act
or thing to be done in contravention of this bylaw, or who refuses or omits or neglects to
fulfil, observe, carry out or perform any duty imposed by this bylaw, shall be liable on
summary conviction to a fine not exceeding Two Thousand Dollars ($2,000.00); or if an
information is laid by means of a ticket, in accordance with the procedure set out in the
Offence Act, a fine as stipulated in Schedule "B" of this bylaw
19.
Each day on which a contravention of this bylaw occurs, constitutes a separate offence.
SEVERABILITY
20.
If any section or clause of this bylaw is held invalid by a court of competent jurisdiction,
the invalid portion shall be severed and the remainder of this bylaw shall be deemed to
have been adopted without the invalid and severed section, subsection or clause.
21.
Schedules "A" and "B" form a part of and are enforceable in the same manner as this
bylaw.
REPEAL
18.
That upon adoption of the bylaw, Bylaw No. 851-2008 being the "Town of Lake
Cowichan Outdoor Burning Regulation Bylaw No. 851-2008" and all amendments
thereto are hereby repealed.
READ A FIRST TIME on the 15th day of December, 2009.
READ A SECOND TIME on the 15th day of December, 2009.
READ A THIRD TIME on the 23rd day of February, 2010.
RECONSIDERED, FINALLY PASSED and ADOPTED by the Municipal Council of the Town of
Lake Cowichan on the 23rd day of March, 2010.
.
.
Ross Forrest
Joseph A. Fernandez
Mayor
Corporate Officer
I hereby certify the foregoing to be a true and correct copy
of "Town of Lake Cowichan Outdoor Burning Regulation
Bylaw No. 878-2009" as adopted on the 23rd day of March,
2010.
Corporate Officer
Town of Lake Cowichan Outdoor Burning Regulation Bylaw No. 878-2009 Page 5
- 5 -
TOWN OF LAKE COWICHAN
BYLAW NO. 878-2009
Schedule "A"
(attached to and forming part of Bylaw No. 878-2009)
Town of Lake Cowichan Outdoor Burning Regulation Bylaw No. 878-2009 Page 6
- 6 -
TOWN OF LAKE COWICHAN
BYLAW NO. 878-2009
Schedule "B"
(attached to and forming part of Bylaw No. 878-2009)
F I N E S
Description of Offence
Bylaw Section
Amount of Fine
Start or Maintain Without Supervision
3(e)
$100
Burn Prohibited
8 and 9
$100
Fire without a permit
10
$500
Interfere with egress or access
16 and 17
$200