Regulations for the Control of Burning and Smoke Bylaw No. 15-2012 (consolidated March 27, 2019)
Port Hardy, British Columbia
· No. 15-2012
· adopted 2012-09-11
· summary & facts
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DISTRICT OF PORT HARDY
BYLAW NO. 15-2012
A Bylaw to Provide Regulations
For The Control of Burning and Smoke
CONSOLIDATED
As Amended
Consolidation: 27th day of March 2019
Amending Bylaws:
Bylaw 1020-2014 (Amend text and Schedules)
Bylaw 1093-2019 (Amend category B fires and control of fires)
District of Port Hardy
Regulations for the Control of Burning and Smoke Bylaw 15-2012 - CONSOLIDATED
1
DISTRICT OF PORT HARDY
BYLAW NO. 15-2012
A Bylaw to Provide Regulations
For The Control of Burning and Smoke
GIVEN THAT Council deems it expedient and desirable to provide such regulations with respect
to regulating outdoor fires;
THEREFORE the Council of the District of Port Hardy in open meeting assembled enacts as
follows:
1. Title
This bylaw may be cited as the "Open Burning and Smoke Control Bylaw No. 15-2012".
2. Definitions
In this bylaw, unless the context otherwise requires:
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 recirculating motion of air under
the curtain.
Animal Organic Waste means solid organic waste material of animal origin and includes
flesh, carcasses, offal, hides, faeces and feathers.
Approval means acceptance as satisfactory to the District of Port Hardy.
Beach Fire means a fire lit in a non-combustible environment below the high tide line for the
purpose of warmth or cooking.
Category A Open Fire means an open fire that burns piled material no larger than 1 m in
height and 1 m in diameter but does not include a campfire or recreational fire.
Category B Open Fire Open Fire means 1-2 concurrently burning piles, at least 10 metres
between piles, in which burned material is piled larger than 1 metre by 1 metre in diameter
but not greater than 2 metres high and/or 3 metres in width and may include land clearing
waste.
Council means the Municipal Council of the District of Port Hardy.
Debris means distributed or undistributed vegetative matter targeted for management or
disposal by open burning.
Demolition Waste means any material resulting from or produced by the complete or partial
destruction or tearing down of any structure.
District means the District of Port Hardy.
Ceremonial Fire Deleted
Bylaw 1020-2014
Category B
Definition Amended
Bylaw 1093-2019
District of Port Hardy
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Domestic Incinerator means any metal or masonry container equipped with a tight fitting
wire screen lid of a mesh not greater than one centimetre (3/8") to restrict any sparks or
flying debris.
Fire Chief means the head of the Fire Department as appointed by the Council of the District
of Port Hardy or his designate.
Land Clearing Waste means brush, stumps, slash and similar materials resulting from or
produced by the clearing of land.
Noxious Material includes tires, plastics, rubber products, drywall, demolition waste,
construction waste, paint, special waste, animal organic waste, biomedical waste, tar,
asphaltic products, battery boxes, plastic materials, waste petroleum products, all of which
may produce heavy black smoke or noxious odours.
Officer means the Fire Chief or his designate, the Bylaw Enforcement Officer or his
designate, a Province of British Columbia Conservation Officer or a member of the RCMP.
Open Burning means the combustion of material without control of the combustion or air and
without a stack or chimney to vent the emitted products of combustion to the atmosphere
but does not include charcoal fires contained within barbecues for the purpose of cooking
food.
Open Fire is any fire that is not vented through a structure that has a flue incorporated in a
building.
Order means any order, decision, requirement or direction given by an Officer.
Permit means a document issued pursuant to the provisions of this bylaw authorizing a
person to undertake open air burning under the conditions specified in the document.
Recreational Fire includes a campfire and means the burning of wood for recreational
purposes in a permanent outdoor fireplace, barbecue or fire pit not larger than 60
centimetres in diameter that is designed and constructed to confine the fire and is suitable
for such a purpose.
Smoke means the gases, particulate matter and products of combustion emitted into the
atmosphere when debris is open burned.
Supervisor means the person who is directly supervising the open burning.
3. Open Air Burning
3.1 Except as provided in Section 3.3, no person shall light, ignite or start or allow or
cause to be lighted, ignited or started a fire without making application for and
obtaining a permit from the District.
3.2 A person who has obtained a permit under this bylaw may carry out open burning of
Ventilation Index Deleted
Bylaw 1020-2014
District of Port Hardy
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debris on a parcel of land if:
a) the debris is open burned on the parcel of land from which it originated;
b) the substances which normally emit dense smoke or noxious odours and those
prohibited materials set out in Schedule "A" are not included with debris that is
open burned;
c) every reasonable alternative for reducing or recycling debris has been pursued to
minimize the amount of debris to be open burned; and
d) the open burning is conducted in accordance with the conditions set out in the
Environmental Management Act, the Wildfire Act and regulations thereto.
3.3 A burning permit is not required for a recreational fire or a beach fire as defined
herein.
3.4 All Provincial fire bans effective within the Coastal Fire Centre, shall apply within the
District boundaries. If a fire ban is imposed in any portion of the District it shall be
deemed to be imposed within the entire District.
3.5 Category A Open Fires and Category B Open Fires will only be permitted during
the burning period which is October 1st in one calendar year until April 30th in
the next calendar year, and only if there is not a Provincial fire ban in effect for
the Coastal Fire Centre.
3.6 Category A Open Fires are permitted throughout the District.
3.7 Category B Open Fires are only permitted on those properties / lands shown filled in
black on the following Schedules, which are attached to and form part of this Bylaw:
Schedule "B1" - Category B Open Fire Zones - Northwest Port Hardy
Schedule "B2" - Category B Open Fire Zones - Southwest Port Hardy
Schedule "B3" - Category B Open Fire Zones - North Central Port Hardy
Schedule "B4" - Category B Open Fire Zones - South Central Port Hardy
Schedule "B5" - Category B Open Fire Zones - East Port Hardy
4. Distance From Buildings and Facilities During Open Burning
4.1 The open burning of debris in a Category A Open Fire must be
carried out at least 4.6 m from all property lines and buildings and at least 1.5 m
from any grass, shrubs, trees, wooden fence or other combustible material.
4.2 The open burning of debris in a Category B Open Fire must be carried out at
least 100 m from neighbouring residences and businesses and 500 m from
schools in session, hospitals and facilities used for continuing care as
defined under the Continuing Care Act.
5. Control of Fires
5.1 Category A Open Fires shall only be permitted between 8:00 a.m. and sunset
of the same day.
5.2 Category B Open Fires shall be for a maximum duration of three (3)
Sec 3.3 New
Wording
Bylaw 1020-2014
Sec 3.5 New
Wording Bylaw
1020-2014
Sec 3.6 New Wording
Bylaw 1020-2014
Sec 3.7 New Wording
Bylaw 1020-2014
Sec 4.1 Wording
Amended
Bylaw 1020-2014
Sec 4.2 Wording
Amended
Bylaw 1020-2014
Sec 5.1 New Wording
Bylaw 1020-2014
Sec 5.2 New Wording
Bylaw 1020-2014
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consecutive days and there must be a minimum of fifteen (15) days between
each Category B Open Fire.
5.3 A maximum of five (5) Category B Open fire permits are permitted on any one property
during the burning period described in section 3.5 of the bylaw.
5.4 A person who has been issued a permit under this bylaw must ensure that the fire is
continuously supervised and controlled by a person who is at least nineteen (19) years
old.
5.5 The supervisor must have emergency equipment that is immediately available and
must be capable of controlling or putting out the fire to prevent danger, damage and
injury to persons or property.
5.6 The District may, at its discretion, require that Air Curtain Burners be used for burning
land clearing waste.
6. Burning of Garbage and Noxious Material
6.1 The burning of prohibited materials is prohibited.
6.2 Prohibited materials are listed in Schedule "A" Prohibited Material attached
to and forming part of this Bylaw.
7. Inspection and Orders
7.1 An Officer may:
a) 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 in compliance;
b) make orders directing the owners or occupiers of property or the supervisor to
bring the fire into compliance with this bylaw;
c) prevent material not properly prepared (i.e. dried) from being added to the fire;
d) call on Conservation Officers if a person is burning waste in contravention of the
Waste Management Act; or
e) order the supervisor to immediately put the fire out.
7.2 No person shall obstruct or prevent an Officer from conducting an inspection under this
bylaw.
8. Favourable Weather for Smoke Dispersion
8.1 Unless otherwise directed by an Officer, Category A Open Fires and Category B
Open Fires must not occur unless the forecast prescribed by the Province of
British Columbia's Venting Index for Northern Vancouver Island is good.
8.2 Due care and consideration must be employed so that smoke from open burning of
debris does not pose a hazard at airports or on District highways by significantly
reducing visibility.
9. Issuance of Burning Permits
Sec 5.3 New Wording
Bylaw 1093-2019
Sec 6.1 New Wording
Bylaw 1020-2014
Sec 6.2 New Wording
Bylaw 1020-2014
Sec 8.1 New Wording
Bylaw 1020-2014
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9.1 A written permit shall be in the form prescribed from time to time by the District and
shall be valid for specified days during the period designated under Section 5 of this
bylaw. A separate permit is required for each new burning permit application.
9.2 The District may withhold or cancel any permit issued where, in its opinion, the igniting
of a fire may create a hazard or nuisance to persons or property.
9.3 If at any time an Officer, on account of the existence of hazardous conditions, inclusive
of meteorological or ambient air quality conditions, deems it advisable, he may
suspend for such time as it is necessary, any right to burn granted pursuant to this
bylaw, including all or any permits issued pursuant to this bylaw, or he may attach to
any or all such permits such conditions and restrictions as deemed proper.
9.4 All permits issued pursuant to this bylaw shall be subject to such conditions,
restrictions and provisions as the District may consider necessary and expedient to
incorporate therein.
9.5 Fees associated with the issuance of burning permits by the District shall
be paid as prescribed by the District's User Rates and Fees Bylaw.
9.6 If the applicant for a permit is not the owner of the property to which the
application relates, the applicant shall provide the property owner's written
authorization to conduct burning on the property to the District, before the
District will issue a permit."
10. Exceptions
The following are excluded from the regulations, provisions and penalties provided for under
this bylaw, unless expressly banned by the Provincial Government within the Coastal Fire
Centre:
a) charcoal, wood or propane fires contained within a barbecue, hibachi or fire pit having a
surface area not greater than one (1) square meter and covered by a grate for the
purpose of cooking food;
b) charcoal, wood or propane fires contained within an Outdoor Fireplace having a
maximum diameter of one (1) meter, a maximum width of one (1) metre, a maximum
depth of one (1) metre and a maximum height including chimney, of 1.8 meters;
c) beach fires;
d) recreational fires;
e) fires started and maintained by the Port Hardy Volunteer Fire Department for training,
education or other fire department purposes; and
f) fires used or recommended by authorities having jurisdiction to manage ecosystems for
purposes of silviculture, forest fuel management, fire hazard reduction, wildlife
enhancement and the use of fire as a means of fire control.
11. Utility Transmission Operations
A person carrying out an industrial activity that is a utility transmission operation, as defined
by the Wildfire Regulation, must meet the requirements of that regulation.
Sec 9.5 New Wording
Bylaw 1020-2014
Sec 9.6 New Section
Bylaw 1020-2014
District of Port Hardy
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12. Cost Recovery
Every owner/occupant of a property who starts or allows to be started, any outdoor fire or
open burning is responsible for such fire. If, in the opinion of an Officer, 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 shall be liable for all costs and expenses incurred by the Fire Department or
the District to control or extinguish the fire. The costs and expenses, including penalties,
may be recovered from the owner together with any administration costs in like manner as
municipal taxes.
13. Liabilities for Damages
This Bylaw shall not be construed to hold the District nor its authorized agent or agents
responsible for any damage to persons or property by reason of:
a) inspections authorized by this Bylaw, or
b) the failure to carry out an inspection, or
c) a permit issued as herein provided.
14. Scope and Penalties
14.1 In the event of there being any conflict between the terms and provisions of this Bylaw
and the terms and provisions of the Fire Services Act or the Waste Management Act
and regulations thereunder or other provincial acts or regulations, the terms and
provisions of the said acts and regulations shall prevail.
14.2 Every person who violates any of the provisions of this bylaw, or who suffers or
permits any act or thing to be done in contravention of this bylaw or who neglects or
refrains from doing anything required to be done by any of the provisions of this bylaw
shall be deemed to be guilty of an infraction hereof and shall be liable to the penalties
imposed. Every continuing infraction shall be deemed to be a new and separate
offence for each day during which the same shall continue.
14.3 Any person found guilty of an infraction of any of the provisions of this bylaw shall,
upon summary conviction, be liable to a minimum fine of Five Hundred Dollars ($500),
which shall be recoverable and enforceable upon summary conviction in the manner
provided by the Offence Act.
15. Inclusivity
In this bylaw, unless the context otherwise requires, the singular includes the plural and the
masculine includes the feminine gender and a corporation.
16. Reference to Acts
Any reference in this bylaw to provincial or federal legislation refers to the Act as it may be
amended or replaced from time to time and to all regulations enacted thereto.
17. Severability
If a court of competent jurisdiction declares any portion of this bylaw invalid, then the invalid
portion must be severed and the remainder of the bylaw is deemed valid.
18. Schedules
The following schedules are attached to and form part of this Bylaw:
District of Port Hardy
Regulations for the Control of Burning and Smoke Bylaw 15-2012 - CONSOLIDATED
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Schedule "A" Prohibited Material
Schedule "B1" - Category B Open Fire Zones - Northwest Port Hardy
Schedule "B2" - Category B Open Fire Zones - Southwest Port Hardy
Schedule "B3" - Category B Open Fire Zones - North Central Port Hardy
Schedule "B4" - Category B Open Fire Zones - South Central Port Hardy
Schedule "B5" - Category B Open Fire Zones - East Port Hardy
19. Enactment
Open Burning and Smoke Control Bylaw No. 06-2010 is hereby repealed.
Read a first time on the 14th day of August, 2012.
Read a second time on the 14th day of August, 2012.
Read a third time on the 14th day of August, 2012.
Adopted on the 11th day of September, 2012.
Original signed by:
_________________________
______________________________
Director of Corporate Services
Mayor
Certified to be a true copy of Open
Burning and Smoke Control Bylaw No. 15-2012
_________________________
Director of Corporate Services
Sec 18 New
Schedules B1-B5
Bylaw 1020-2014
District of Port Hardy
Regulations for the Control of Burning and Smoke Bylaw 15-2012 -CONSOLIDATED
SCHEDULE "A"
PROHIBITED MATERIAL
The following material must not be included with debris that is open burned:
tire
treated lumber
plastics
railway ties
drywall
manure
demolition waste
rubber
domestic waste
asphalt
paint
asphalt products
hazardous waste
fuel and lubricant containers
tar paper
biomedical waste
Any Prohibited Material as defined in the Open Burning Smoke Control Regulation
District of Port Hardy
Regulations for the Control of Burning and Smoke Bylaw 15-2012 -CONSOLIDATED
SCHEDULE "B1" - CATEGORY B OPEN FIRE ZONES - NORTHWEST PORT HARDY
Category B Open Fires permitted on properties filled in black subject to the regulations of Open Burning and Smoke Control Bylaw No. 15-2012.
Sec 18 New
Schedules B1-B5
Bylaw 1020-2014
District of Port Hardy
Regulations for the Control of Burning and Smoke Bylaw 15-2012 -CONSOLIDATED
SCHEDULE "B2" - CATEGORY B OPEN FIRE ZONES - SOUTHWEST PORT HARDY
Category B Open Fires permitted on properties filled in black subject to the regulations of Open Burning and Smoke Control Bylaw No. 15-2012.
District of Port Hardy
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SCHEDULE "B3" - CATEGORY B OPEN FIRE ZONES - NORTH CENTRAL PORT HARDY
Category B Open Fires permitted on properties filled in black subject to the regulations of Open Burning and Smoke Control Bylaw No. 15-2012.
District of Port Hardy
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SCHEDULE "B4" - CATEGORY B OPEN FIRE ZONES - SOUTH CENTRAL PORT HARDY
Category B Open Fires permitted on properties filled in black subject to the regulations of Open Burning and Smoke Control Bylaw No. 15-2012.
District of Port Hardy
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SCHEDULE "B5" - CATEGORY B OPEN FIRE ZONES - EAST PORT HARDY
Category B Open Fires permitted on properties filled in black subject to the regulations of Open Burning and Smoke Control Bylaw No. 15-2012