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"TOWN OF SMITHERS
OPEN BURNING
BYLAW NO. 1155, 1996"
A Bylaw to regulate open burning.
NOW THEREFORE the Council of the Town of Smithers, in open meeting
assembled, hereby enacts as follows:
1. INTERPRETATION
In this bylaw:
a) "Animal Organic Waste" means solid organic waste material of animal .
origin, and includes flesh, carcasses, offal, hides, feces and feathers.
b) "Council" means the Municipal Council of the Town of Smithers.
c) "Cured" means split wood that has been dried for one year or four seasons.
d) "Demolition Waste" means any material resulting from or produced by the
complete or partial destruction or tearing down of any building or
structure. |
e) "Domestic Incinerator" means any metal or masonry container equipped
with a tight-fitting wire-screen lid, of a mesh not greater than | centimeter
(or 3/8"), used for burning garden refuse.
f) "Domestic Waste Materials" means household material and food waste,
but does not include newspaper and cardboard.
g) "Favourable" when used in relation to air quality means that the inhalable
particulate air quality meets the conditions of the category 'Good' in the
Bulkley Valley Air Quality Management Plan prepared by the B.C.
Ministry of Environment, Lands and Parks.
h) "Fire Chief" means the person appointed by the Council of the Town of
Smithers to be in charge of the Fire Department, or his or her designate,
duly appointed from time to time to lawfully act in that capacity.
Town of Smithers Open Burning Bylaw No. 1155, 1996 Page 2
i) "Garden Refuse" means garden materials gathered from the lot of any
single family or multi-family dwelling unit and includes grass, leaves, |
foliage, prunings, weeds, crops or stubble.
j) "Garbage" means all household and commercial waste or refuse, whether
or not it contains the remains of edible food.
k) "Incinerator" means a combustion device specifically designed for
controlled high-temperature burning of waste materials and equipped with
a stack or chimney for discharge of contaminants to the atmosphere, but
does not include a domestic incinerator.
1) "Land Clearing Waste" means brush, stumps, "slash", and similar
materials resulting from or produced by the clearing of land.
m) "Noxious Material" means any material or substance which produces
black smoke, noxious odours, or toxic air contaminants, including, but
without limitation, tires, plastics, rubber products, drywall, demolition
waste, construction waste, paint, animal organic waste, vegetable waste,
food waste, biomedical waste and special waste (as defined in the B.C.
Waste Management Act), tar, asphaltic products, battery boxes, plastic and
waste petroleum products.
n) "Open Burning" means the combustion of material outdoors without an
incinerator and includes the use of a domestic incinerator or similar device
but does not include charcoal fires contained within barbecues or hibachis, .
or campfires which are started and maintained using cured wood and are
used solely for the purpose of cooking food.
o) "Order" means any order, decision, requirement or direction given by the
Fire Chief.
p) "Permit" means a permit issued pursuant to this Bylaw in the form
attached to this Bylaw as Schedule "B" allowing a person to undertake
outdoor burning subject to the regulations contained in this Bylaw.
q) "Ventilation Index" means the Environment Canada forecast ventilation
index which provides regional information on atmospheric venting
conditions.
Town of Smithers Open Burning Bylaw No. 1155, 1996 Page 3
2. OPEN BURNING (OR OPEN FIRES)
2.1 No person shall start or maintain or otherwise engage in any open burning
of domestic waste materials, garden refuse, garbage or noxious material.
2.2 No person shall start, maintain or permit any open burning of land
clearing waste.
a) unless they hold a permit issued pursuant to Section 3 of this Bylaw;
b) unless the permit is displayed in a conspicuous location at or near the
site of the proposed fire for the duration of the fire;
2.3 Any fires started pursuant to Section 2.2 shall be completely extinguished
not later than the expiration date of the permit for the fire.
3. ISSUANCE OF LAND CLEARING BURNING PERMITS .
3.1 Every person who wishes t start, maintain or permit the open burning |
of land clearing waste shall complete and sign an application in the
form attached to this Bylaw as Schedule 'A' and shall pay a permit
fee as per Schedule 'A'.
3.2 The Fire Chief may issue a permit and may, prior to issuing a permit,
inspect the proposed site of the fire and make orders pertaining to the
proposed fire and may specify in the permit what fire fighting
equipment is to be provided on the site of the fire.
3.3 The Fire Chief may refuse to issue a permit if he or she considers that
it is not safe for the proposed fire to be started or maintained, or that
the fire will cause a nuisance, and may, without limiting the
generality of what the Fire Chief may take into account, consider
weather conditions, site conditions, and the availability of Fire
Department personnel to extinguish the proposed fire.
3.4 The Fire Chief may suspend or cancel a permit issued pursuant to
Section 6.2 or may attach to a permit such orders he or she deems
necessary if, in his or her opinion, the fire or conditions relevant to
the fire become unsafe, or if the permit holder contravenes any part of
this Bylaw, including any conditions of the permit.
Town of Smithers Open Burning Bylaw No. 1155, 1996 Page 4
| 3.5 No person shall obstruct or prevent the Fire Chief, or person acting
under the Fire Chief's authority, from conducting an inspection under
this Bylaw.
4, INSPECTION AND ORDERS
The Fire Chief may:
4.1 enter, at all reasonable times, on any property that is subject to this
Bylaw, to ascertain whether the regulations in this Bylaw or orders made
under this Bylaw are being observed;
4.2 make orders directing the owners or occupiers of property to bring a fire
into compliance with this Bylaw;
4.3 call on Ministry of Environment, Lands and Parks Conservation Officers
if a person is burning waste in contravention of the Waste Management
Act;
4.4 order that an outdoor fire be immediately extinguished.
5. COST RECOVERY
Every owner or occupier of property who starts or permits to be started any
outdoor fire is responsible for such fire. If the fire is prohibited or the fire is
not extinguished in accordance with the terms of any permit issued for the fire,
or if in the opinion of the Fire Chief the fire presents a hazard or becomes out
of control, the Fire Chief may summon the Fire Department to extinguish or
control the fire and the owner or occupier shall pay the costs of the services
provided by the Fire Department within thirty (30) days of receipt of an
invoice from the Fire Department or from the Town of Smithers. Any charges
remaining unpaid on December 31" in any year shall be collected in the same
manner as municipal taxes.
6. LIABILITIES FOR DAMAGES
This Bylaw shall not be construed to hold the Corporation, 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) failure to carry out an inspection; or
Town of Smithers Open Burning Bylaw No. 1155, 1996 Page 5
c) apermit issued as herein provided.
If any section, subsection, sentence, clause or phrase of this Bylaw is held to
be invalid by the decision of a Court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the Bylaw.
7. SCOPE AND PENALTIES
7.1 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 provincial acts and
regulations shall prevail.
7.2. Any 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 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) or to
imprisonment not exceeding six (6) months, or both."
7.3 Each day a violation is caused, or allowed to continue, constitutes a
. separate offence.
8. This Bylaw may be cited for all purposes as "Town of Smithers Open Burning
Bylaw No. 1155, 1996", and comes into effect on the date of adoption.
READ A FIRST TIME THIS 11°? DAY OF OCTOBER, 1996.
READ A SECOND TIME THIS 11" DAY OF OCTOBER, 1996.
READ A THIRD TIME TITS 117 DAY OF OCTOBER, 1996.
ADOPTED THIS 228" DAY OF OCTOBER, 1996.
YO ACTING-MAYOR CLERK
DM/ay 10/21/96
\\smith\pccommon\wordpro\bylaws\bylaw 1155 open burning.doc
Town of Smithers Open Burning Bylaw No. 1155, 1996 Page 6
SCHEDULE "A"
OUTDOOR FIRE PERMIT APPLICATION
PAGE 1
Date of Application:
Name of Applicant:
Telephone Number:
Options other than burning, and reasons for rejecting such options:
Location of proposed fire: |
Property Owner/Occupier: ;
Date(s) & time(s) of proposed fire:
Purpose of proposed fire:
Material to be burnt:
Permit Fee Paid: _.
| hereby confirm that I have read and understood "Open Burning
Bylaw No. 1155, 1996" and that the proposed fire, if permitted, will be
carried out in accordance with all the regulations of the Bylaw.
Si gnature of Applicant a Date .
Town of Smithers Open Burning Bylaw No. 1155, 1996 Page 7
SCHEDULE "A"
OUTDOOR FIRE PERMIT APPLICATION
PAGE 2 |
SCHEDULE OF FEES
Permit Fee, per site, when a permit is issued $ 50.00
PENALTIES FOR PERMIT VIOLATIONS
Burning without permit $300.00
Failure to display permit at burn site $ 25.00
Burning prohibited material $500.00
An escaped fire - cost recovery to be
determined by the Fire Department
Permit violation minimum $500.00
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Town of Smithers Open Burning Bylaw No. 1155, 1996 Page 8
SCHEDULE "B"
OUTDOOR FIRE PERMIT
Subject to the following conditions:
1. The permittee shall be responsible for the fires 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 19 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 :
refuse will be burnt.
4. Prior to lighting the fire, the permittee shall ensure that the ventilation index
is rated as good.
5. The permittee shall ensure that the fire will be operated during daylight
hours, except for large land clearing projects, during which the length of the
burn may be extended by the Fire Chief and the Mayor.
6. The permittee shall post this permit in a conspicuous location near or at the
site where the fire is operated.
7. 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.
Schedule of Fees
Permit fee when Permit is issued $ 50.00
Penalties for Permit Violations
Burning without Permit $300.00
Failure to display Permit at burn site $ 25.00
Burning prohibited material $500.00
An escaped fire - cost recovery to be
determined by the Fire Department
Permit violation Minimum $500.00
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