Outdoor Burning Bylaw

Ucluelet, British Columbia

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DISTRICT OF UCLUELET BYLAW NO. 2010, 2026 OUTDOOR BURNING BYLAW A BYLAW TO REGULATE OUTDOOR BURNING IN THE DISTRICT OF UCLUELET WHEREAS the District of Ucluelet Council deems it desirable and necessary to regulate outdoor burning within the District of Ucluelet; NOW THEREFORE the Council of the District of Ucluelet, in open meeting assembled, hereby enacts as follows: 1. TITLE: This bylaw may be cited for all purposes as "Outdoor Burning Bylaw No. 2010, 2026". 2. DEFINITIONS: "Accelerant" means any substance which increases the rate of combustion of a fire, rapidly expands a fire, or rapidly starts a fire, including but not limited to gasoline, butane, alcohol, or commercial fire starter products. "Campfire" means a contained outdoor fire used for cooking, social enjoyment, or ceremonial purposes which does not exceed 0.5 (one half) metre high and 0.5 (one half) metre wide. "Fire Chief" means the person appointed by the Chief Administrative Officer, as head of the fire department. "Garden Refuse" means any garden materials, and includes grass clippings, leaves, branches pruned from trees, shrubs, and any similar garden material. "Municipality" means the District of Ucluelet. "Noxious Material" means tires, plastics, drywall, demolition waste, dimensional lumber, domestic waste, treated wood, construction waste, land clearing debris, paint, special waste, tar paper, lumber, railway ties, manure, rubber, asphalt, asphalt products, petroleum products or containers, biomedical waste, tar, shingles, batteries, and any other substance which produces heavy black ________________________________________________________________________ Outdoor Burning Bylaw No. 2010, 2026 2/5 smoke, noxious odours or toxic residue when burned. "Open Burning' means the combustion of material with or without control of the combustion air and without a stack or chimney to vent the emitted products of combustion to the atmosphere. "Portable Campfire Apparatus" means a free-standing fireplace that burns liquid or gaseous fuel designed to provide ambiance and heat and is approved by Underwriters Laboratories of Canada (ULC) or the Canadian Standards Association (CSA). Such devices must only be operated on a non- combustible surface. "Sky Lantern" means a small hot air balloon made of paper or a similar lightweight material that is powered by a candle. "Point of Reception" means any point on the premises of a person where sound or vibration originating from other than those premises or any place on a highway, is received. 3. RESTRICTIONS: 3.1 The Fire Chief may suspend, restrict, or cancel any or all Open Burning. 3.2 A person who lights, fuels, or makes use of a fire must extinguish it immediately when directed to do so by a Bylaw Enforcement Officer. 4. CAMPFIRES: 4.1 Campfires are permitted provided there are no Open Burning restrictions in place, and all the following conditions are met: a) Fires must be at least 3 (three) metres from any combustible materials; b) A bucket containing at least 8 (eight) litres of water, garden hose capable of reaching and extinguishing the fire, or a shovel capable of extinguishing the fire must always be near the fire; c) A competent person 18 (eighteen) years of age or older must always attend the fire; d) Campfires on municipal beaches must be located below the high tide mark; ________________________________________________________________________ Outdoor Burning Bylaw No. 2010, 2026 3/5 e) Campfires on municipal beaches must be completely extinguished by 10:00 pm or at the direction of a Bylaw Enforcement Officer; and f) Fires must be completely extinguished, and ashes must be cool to the touch prior to abandonment. 5. PROHIBITIONS: 5.1 A fire which exceeds the size of a Campfire is prohibited. 5.2 The use of Accelerants is prohibited. 5.3 The burning of Noxious, explosive, corrosive, or toxic material is prohibited. 5.4 It is prohibited to allow a fire to extend from the point of origin. Such person(s) responsible may be liable for any and all damages caused by said fire and all costs for fire department response. Fire department charges will be based on the All-Found rate listed in the "Memorandum of Agreement for Inter-Agency Operational Procedures and Reimbursement Rates" for the Province of British Columbia which is current at the time of the fire. 5.5 The use of Sky Lanterns is prohibited. 5.6 The burning of Garden Refuse is prohibited. 6. EXCEPTIONS: 6.1 Notwithstanding any of the above, Open Burning is allowed where authorized by the Fire Chief for the purposes of fire department training, or for the good of the Municipality. 6.2 A Portable Campfire Apparatus may be operated provided its use is in accordance with the manufacturer's specifications. Flame length must not exceed 15 (fifteen) centimeters. 7. BYLAW ENFORCEMENT OFFICER 7.1 For the purposes of this bylaw, the designated Bylaw Enforcement Officer means any of the following; a) Chief Administrative Officer; b) Bylaw Enforcement Officer; c) Director of Engineering; d) Fire Chief; e) Royal Canadian Mounted Police and RCMP Auxiliary Members ________________________________________________________________________ Outdoor Burning Bylaw No. 2010, 2026 4/5 8. INSPECTIONS: 8.1 A Bylaw Enforcement Officer may: a) enter at all reasonable times, on any property that is subject to this Bylaw, to ascertain whether the regulations in this Bylaw, or the directions made under this Bylaw, are being observed; b) inspect property or premises for conditions that may cause a fire or increase the danger of fire or increase the danger to persons; c) make orders directing the property owner, occupiers, or owner's agent to bring the property, premises, or fire into compliance with this Bylaw; or d) order a property owner, occupier, or owner's agent to extinguish any type of fire, at the Bylaw Enforcement Officer's discretion. 9. VIOLATION AND PENALTY: 9.1 No person shall prevent or obstruct, or attempt to prevent or obstruct, a Bylaw Enforcement Officer in the enforcement of the provisions of this bylaw. 9.2 Any Person who causes, permits or allows anything to be done in contravention or violation of this Bylaw, or who neglects or fails to do anything required to be done pursuant to this Bylaw, commits an offence against this Bylaw and is liable upon summary conviction to pay a fine of not more than $50,000, plus the costs of prosecution, and any other penalty or remedy available under the Community Charter and Offence Act. 9.3 This Bylaw may be enforced by bylaw notice pursuant to the "Bylaw Notice Enforcement Bylaw No. 2000, 2026" as amended or replaced. 9.4 Where an offence under this Bylaw is of a continuing nature, each day that an offence continues, or is permitted to exist, constitutes a separate offence. 9.5 If action is taken pursuant to this bylaw, expenses may be recovered together with costs and interest in the same manner as municipal taxes. 10 SEVERABILITY: If any provision of this Bylaw is determined by a court of competent jurisdiction to be unlawful or unenforceable, that provision shall be severed from this Bylaw and shall not affect the validity of any remaining provision of this Bylaw. ________________________________________________________________________ Outdoor Burning Bylaw No. 2010, 2026 5/5 11 ADMINISTRATIVE PROVISIONS: This bylaw hereby repeals "District of Ucluelet Outdoor Burning Bylaw No. 1288, 2021"and any amendments thereto. READ A FIRST TIME this 28th day of April, 2026. READ A SECOND TIME this 28th day of April, 2026. READ A THIRD TIME this 28th day of April, 2026. ADOPTED this 26th day of May, 2026. ____________________________ __________________________ Marilyn McEwen Ed Chow Mayor Corporate Officer THE CORPORATE SEAL of the District of Ucluelet was hereto affixed in the presence of: Ed Chow, Corporate Officer