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"Outdoor Burning Bylaw"
Bylaw No. 516, 2005"
VILLAGE OF TAHSIS
BYLAW NO. 516
A Bylaw to Regulate Burning within the Village of Tahsis
Whereas pursuant to Section 8 (3) (g) Section 63 and Section 66 of the Community
Charter Council may, by bylaw, regulate the use of fires in the open air or elsewhere and
authorize the Fire Chief or person under the authority of the Fire Chief to issue permits
for outdoor fires when considered safe to do so;
Whereas under Section 48 of the Fire Services Act and the regulations made under it,
Council is required to enforce local regulations for the protection of persons and
property to regulate the use of outdoor fire;
NOW THEREFORE, the Council of the Village of Tahsis, in open meeting assembled,
ENACTS AS FOLLOWS:
TITLE
This Bylaw may be cited as the "Outdoor Burning Regulation Bylaw No. 516, 2005"
1.
INTERPRETATION
In this Bylaw
(a)
Animal Organic Waste
"Animal Organic Waste" means solid organic waste material of animal
origin and includes flesh, carcasses, offal, hides, feces and feathers;
(b)
Approval
"Approval" means acceptance as satisfactory to the Fire Chief or an officer
of the Fire Department of the Village of Tahsis;
(c)
Construction Waste
"Construction Waste" means waste materials resulting from the
construction, alteration, renovation or demolition of any building,
structure or improvement to land and without limiting the generality of
"Outdoor Burning Bylaw"
Bylaw No. 516, 2005"
the foregoing includes paper, plastic, drywall and wood materials such as
dimensional lumber, plywood and particle board;
(d)
Council
"Council" means the Municipal Council of the Village of Tahsis;
(e)
Debris
"Debris" means disturbed or undisturbed vegetative matter targeted for
management or disposal by open burning;
(f)
Domestic Incinerator
"Domestic Incinerator" means any metal or masonry container equipped
with a tight-fitting wire screen lid of a mesh not greater than 1 centimetre
(or 3/8") to restrict any sparks or flying debris. Burning garden refuse in a
domestic incinerator is classed as open burning defined under (n);
(g)
Domestic Waste Materials
"Domestic Waste Materials" means household material and food waste
but does not include newspaper and cardboard;
(h)
Fire Chief
"Fire Chief" means the person appointed by the Council of the Village of
Tahsis to be in charge of the Fire Department and the firefighting
personnel or firefighters of the Village of Tahsis, and includes the duly
appointed Deputy;
(i)
Firefighter
"Firefighter" means a member of the Village of Tahsis Volunteer Fire
Department;
(j)
Garden Refuse
"Garden Refuse" means leaves, foliage, prunings, weeds, or crops for
domestic purposes;
"Outdoor Burning Bylaw"
Bylaw No. 516, 2005"
(k)
Garbage
"Garbage" means all household and commercial waste or refuse, whether
it contains the remains of edible food or not;
(l)
Incinerator
"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 (smoke) to the
atmosphere.
An incinerator does not include a "domestic incinerator" as defined in (f)
above;
(m)
Noxious Material
"Noxious Material" includes tires, plastics, rubber products, domestic
waste materials, garbage, drywall, demolition waste, construction waste,
paint, special waste, animal organic waste, vegetable waste, food waste,
biomedical waste, tar, asphalt products, battery boxes, plastic materials,
waste petroleum products;
(n)
Open Burning
"Open Burning" means the combustion of material without control of the
combustion air and without a stack or chimney to vent the emitted
products of combustion to the atmosphere. Open burning includes
burning of garden refuse in a domestic incinerator operated outdoors, but
it does not include portable appliances, for the purpose of cooking food;
(o)
Order
"Order" means any order, decision, requirement or direction given by the
Fire Chief or his/her designate;
"Outdoor Burning Bylaw"
Bylaw No. 516, 2005"
(p)
Permit
"Permit" means a document issued pursuant to the provisions of this
Bylaw authorizing a person to undertake backyard burning under the
conditions specified in the document;
(q)
Campfire
"Campfire" means a small, open air burn no larger than 30" in diameter
(r)
Village
"Village" means the Municipal Council of the Village of Tahsis;
(s)
Smoke
"Smoke" means the gases, particulate matter and products of combustion
emitted into the atmosphere from burning; and
(t)
Ventilation Index
"Ventilation Index" means the Environment Canada forecast Ventilation
Index which provides regional information on airflow venting.
2.
OPEN BURNING (FOR OPEN FIRES)
In this section, "open burning" refers to burning of dry, combustible,
garden refuse as defined in Section 1 (j)
Open burning is prohibited during times specified by the Fire Chief as burning ban
periods and Ministry of Forest fire ban regulations April 14th to October 14
2.3
No person shall light, ignite, start, or burn any fire for the purpose of open
burning, without first having obtained a permit to do so from the Fire
Chief or designate. The Fire Chief may issue permits for open burning of
garden refuse only on condition that:
(a) the garden refuse to be burned is thoroughly dried and fed to the fire in
such a way that rapid ignition and burning occurs;
(b) the fire is for the purpose of burning garden refuse that is produced on
the property where burning is taking place;
"Outdoor Burning Bylaw"
Bylaw No. 516, 2005"
(c) the fire is burning during the time period between 10:00 A.M. and 4:00
P.M. of the same day;
(d) the fire is on designated days during the period and October 15th to
April 14th , on other days or periods in spring and fall of each year
designated by the Fire Chief for open burning;
(e) the fire on a person's property must not be more than 1 metre across
and not exceed 1 metre in height and must be at least 7.5 meters from
all buildings and combustible materials and 1.5 meters from any grass
or shrubs;
(f) for the purpose of preventing danger, damage and injury to property
and/or a person because of the fire, the fire must be continuously
supervised and controlled by a person who is at least 16 years old;
(g) the person supervising the fire has emergency equipment and an
adequate supply of water that is readily available and is sufficient to
completely extinguish the fire in five minutes at any stage for the
purposes in paragraph (f);
(h) the person supervising the fire is taking every reasonable precaution to
prevent smoke being generated or becoming a nuisance;
(i) the location of the fire is within forty (40) metres of a point accessible to
Fire Department vehicles;
(j) the holder of the permit complies with any other conditions,
restrictions and provisions specified by the Fire Chief is issuing the
permit;
(k) unless otherwise directed by the Fire Chief, open burning must not be
initiated unless the Ventilation Index is forecast as "good" for the
period during which the burning is to take place.
(l)
2.4
2.5 The Fire Chief or his/her designate may withhold a permit or cancel any
permit
issued where, in his/her opinion, the igniting of a fire may create a
hazard or
nuisance to persons or property, and the Fire Chief or his/her
"Outdoor Burning Bylaw"
Bylaw No. 516, 2005"
designate may
extinguish or order the extinguishing of any fire that is
causing a nuisance to
persons, or any fire started without a permit.
2.6
Every person who starts or maintains or permits or supervises a fire shall
ensure that the fire is completely extinguished and that any residue from
the fire is broken up and disposed of in a manner that eliminates any fire
hazard.
3.
PROHIBITED WASTE
3.1
No person shall dispose of animal organic waste, construction waste,
domestic waste materials, garbage or noxious material by open burning.
4.
INSPECTION AND ORDERS
4.1
The Fire Chief or any person under his/her authority 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
being observed;
(b)
make orders directing the owners or occupiers of property to bring
a fire into compliance with this Bylaw;
(c)
call on the Ministry of Water, Land and Air Protection's
Conservation Officers if a person is burning waste in contravention
of the Waste Management Act; and,
(d)
order any person to extinguish a fire that person has ignited or is
maintaining.
4.2 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.
5.
ISSUANCE OF BURNING PERMITS
"Outdoor Burning Bylaw"
Bylaw No. 516, 2005"
5.1 A written burning permit shall be in the form set out in Schedule A
attached hereto, or to like effect, and shall be valid during the specified
burning period designated under Section 2.3 (d) of this bylaw. A person shall
apply for separate permit for each burning period.
5.2
A valid written burning permit shall be available for inspection at the burn
site while open burning is in progress.
6.
COST RECOVERY
6.1
Every person of a dwelling who starts or allows to be started any outdoor
fire or open burning is responsible for such fire. If, in the opinion of the
Fire Chief, 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 Town to control or extinguish the fire.
6.2
The costs and expenses incurred by the Fire Department to extinguish or
control a fire may be recovered from the owner together with any
administration costs in like manner as municipal taxes.
7.
LIABILITIES FOR DAMAGES
This Bylaw shall not be construed to hold the Village of Tahsis 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
(c)
a permit issued as herein provided
8.
SCOPE AND PENALTIES
8.1
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.
"Outdoor Burning Bylaw"
Bylaw No. 516, 2005"
8.2
Any person guilty of an offence under this Bylaw shall be punishable in
accordance with the Offence Act.
8.3
Each day a violation is caused or allowed to continue constitutes a separate
offence.
9.
EXEMPTIONS:
The following are exempted from applying for a permit to burn under the
provisions of this bylaw:
(a) employees of the Village of Tahsis who, during the course of his/her
employment, burns garden refuse or debris on Town property; and,
(b) firefighters who light fires for the purpose of training.
(c) Campfires of other small confined fires used for the cooking of food on
barbecues and grills.
10.
EFFECTIVE TIME
10.1
This bylaw is effective and in force and binding on all persons as from the day
following the day of its adoption.
READ a First time this the 8th day of November, 2005.
READ a Second time this 8th day of November, 2005.
READ a Third time this 8th day of November, 2005
RECONSIDERED AND FINALLY ADOPTED this the 15th day of November , 2005
Mayor Sylvia McNeil
Corporate Officer
SCHEDULE "A"
TO BYLAW NO. 516, 2005
CLASS 'B' BURNING PERMIT
DESCRIPTION: A PERMIT TO ALLOW FOR THE BURNING OF GARDEN REFUSE (I.E. GRASS
CLIPPINGS, TREE PRUNINGS, LEAVES AND LIKE MATERIAL) IN THE OPEN AIR IN ACCORDANCE
WITH VILLAGE OF TAHSIS BYLAW NO. 516, 2005.
AUTHORITY IS HEREBY GRANTED TO (PERMITTEE):
PERMITTEE'S REPRESENTATIVE
NAME:
TITLE:
EFFECTIVE PERIOD FOR THIS PERMIT
Y
M
D
FROM:
TO:
PHONE NO.;
ADDRESS:
POSTAL CODE
FAX NO.:
TO SET FIRE ON THE FOLLOWING DESCRIBED LANDS:
DEFINITIONS/CONDITIONS - SEE REVERSE
SPECIAL CONDITIONS:
SIGNATURE OF PERMITTEE'S REPRESENTATIVE
(INDICATING HE/SHE HAS READ AND
UNDERSTANDS THE CONDITIONS OF THIS PERMIT)
SIGNATURE OF PERSON ISSUING THE PERMIT:
POSITION/TITLE
DATE SIGNED
Y
M D
Schedule "A"
Outdoor Buring Regulation Bylaw
Bylaw No. 516, 2005"
Schedule "A"
Outdoor Buring Regulation Bylaw
Bylaw No. 516, 2005"
DEFINITIONS
Animal Organic Waste - "Animal Organic Waste" means solid organic waste material of animal
origin and includes flesh, carcasses, offal, hides, feces and feathers.
Construction Waste - "Construction Waste" means waste materials resulting from the
construction, alteration, renovation or demolition of any buildings, structures or improvement to
land and without limiting the generality of the foregoing includes paper, plastic, drywall and
wood materials such as dimensional lumber, plywood and particle board.
Domestic Waste Materials - "Domestic Waste Materials" means household material and food
waste, but does not include newspaper and cardboard.
Garden Refuse - "Garden Refuse" means leaves, foliage, prunings, weeds, or crops for domestic
purposes.
Garbage - "Garbage" means all household and commercial waste or refuse, whether it contains the
remains of edible food or not.
Noxious Material - "Noxious Material" includes tires, plastics, rubber products, domestic waste
materials, garbage, drywall, demolition waste, construction waste, paint, special waste, animal
organic waste, vegetable waste, food waste, biomedical waste, tar, asphalt products, battery boxes,
plastic materials, waste petroleum products.
CONDITIONS - Outdoor Burning Regulation No. 516, 2005 provides that:
2.3
No person shall light, ignite, start, or burn any fire for the purpose of open burning, without
first having obtained a permit todo so from the Fire Chief. The Fire Chief may issue permits
for open burning of garden refuse only on condition that:
(a)
the garden refuse to be burned is thoroughly dried and fed to the fire in such a way that
rapid ignition and burning occurs;
(b)
the fire is for the purpose of burning garden refuse that is produced on the property where
burning is taking place;
(c)
the fire is burning during the time period between 10:00 A.M. and 4:00 P.M. of the same day;
(d)
the fire on a person's property must not be more than 1 meter across and not exceed 1
metre in height and must be at least 7.5 metres from all buildings and combustible
materials and 1.5 metres from any grass or shrub;
Schedule "A"
Outdoor Buring Regulation Bylaw
Bylaw No. 516, 2005"
(e)
for the purpose of preventing danger, damage and injury to property and/or a person
because of the fire, the fire must be continuously supervised and controlled by a person who
is at least 16 years old;
(f)
the person supervising the fire has emergency equipment and adequate supply of water that
is readily available and is sufficient to completely extinguish the fire in five minutes at any
stage for the purposes in paragraph (f);
(g)
the person supervising the fire is taking every reasonable precaution to prevent smoke
being generated or becoming a nuisance; and
(h)
The location of the fire is within forty (40) metres of a point accessible to Fire Department
vehicles;
(i)
The holder of the permit complies with any other conditions, restrictions and provisions
specified by the Fire Chief in issuing the permit;
(j)
Unless otherwise directed by the Fire Chief, open burning must not be initiated unless the
Ventilation Index is forecast as "good" for the period during which the burning is to take
place.
Section 2.6 states: Every person who starts or maintains or permits or supervises a fire shall ensure
that the fire is completely extinguished and that any residue from the fire is broken up and
disposed of in a manner that eliminates any fire hazard.
Section 3 states: No person shall dispose of animal organic waste, construction waste, domestic
waste materials, garbage or noxious material by open burning.
Section 5.2: A valid written burning permit shall be available for inspection at the burn site while
open burning is in progress.
Section 6.1 and 6.2 State: Every person of a dwelling who starts or allows to be started any
outdoor fire or open burning is responsible for such fire. If, in the opinion of the Fire Chief, 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
Village to control or extinguish the fire. 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 Village of
Tahsis. Pursuant to Section 17 of the Community Charter, any charges remaining unpaid on
December 31st in any year shall be collected in the same manner as municipal taxes.
INITIAL BY APPLICANT
"Residential Backyard Burning
Bylaw No. 971, 2003"
VILLAGE OF TAHSIS
Residential Backyard Burning Bylaw
SCHEDULE "B"
TO BYLAW NO. 516, 2005
FEES
PERMIT FEES
FEE
For each permit issued
$25.00