Open Air Burning Bylaw No. 703, 2016 (consolidated to Bylaw 771)
Valemount, British Columbia
· No. 703
· adopted 2016-01-26
· summary & facts
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Village of Valemount
Open Air Burning Bylaw No. 703, 2016
The amendment bylaws which are included in this consolidated version of the "Village of
Valemount Open Air Burning Bylaw No. 703, 2016" are:
Bylaw No. 771, adopted on March 28, 2017.
CONSOLIDATED FOR CONVENIENCE ONLY AS OF MARCH 22, 2021.
This consolidation of the Village of Valemount Open Air Burning Bylaw No. 703, 2016, and
subsequent amendments has been prepared exclusively for the use of the Village of Valemount
for convenience only.
The Village of Valemount does not represent that this consolidation is accurate or complete and
anyone using this material should confirm its content by reference to the original Bylaws.
Village of Valemount Open Air Burning Bylaw No. 703, 2016.
A Bylaw to regulate open air burning
WHEREAS the Local Government Act authorizes Council, by bylaw, to make regulations
with respect to fire suppression and prevention:
AND WHEREAS the Community Charter authorizes a local government to regulate,
prohibit and impose requirements in relation to the protection and enhancement of the
air quality of the community;
AND WHEREAS the Community Charter authorizes Council to regulate, prohibit and
impose requirements in relationship to the protection of the natural environment;
NOW THEREFORE the Council of the Village of Valemount, in open meeting
assembled enacts as follows:
1.
Title
1.1
This bylaw may be known and cited for all purposes as the "Open Air
Burning Bylaw No. 703, 2016."
2.
Repeals
2.1
Bylaw No. 673, 2011, Open Air Burning Bylaw, and all amendments to
that bylaw are repealed.
3.
Definitions
3.1 In this Bylaw, unless context otherwise requires:
a. "Approved incinerator" means a non-combustible container placed upon a
non-combustible base and filled with a device or screen to contain sparks
and flying debris;
b. "Building" means a structure used or intended to be used for supporting or
sheltering any use or occupancy;
c. "Burning Permit" means a document issued pursuant to this bylaw
authorizing a person to carry on an open burn under the specific conditions
outlined in this Bylaw;
d. "Bylaw Enforcement Officer" means a person designated by the
municipality to be responsible for enforcing this bylaw, except where
otherwise provided.
e. "Campfire" means a contained fire not exceeding 60cm by 60cm in diameter
and 60cm in height, contained within a fire pit and intended for cooking food,
with direct or indirect heat;
g. "Council" means the Council for the Village of Valemount;
h. "Equipment" means any tools, contrivances, devices or materials used by the
Fire Department to combat an incident or other emergency;
i.
"Fire Department" means the Village of Valemount Fire Department and the
officers of the Department;
j.
"Fire Pi t" means a non-combustible enclosure, being a minimum of 15cm in
height; having a minimum of three sides, if rectangular; and having a
maximum outside width of 60 cm and length of 60 cm; or having a maximum
diameter (if round) of 60cm, and being a maximum height of 60cm in height;
k. "Fire Protection" means all aspects of fire safety including but not limited to
fire prevention, firefighting or suppression, pre-fire planning, fire
investigation, public education and information, training or other staff
development and advising;
I. "Incident" means a fire or situation where a fire explosion is imminent and
includes an assistance response from the Fire Department;
m. "Municipal Representative" means the Chief Administrative
Officer, Corporate Officer or their designate;
n. "Nuisance" means the emission into the atmosphere of smoke by any
means, which disturbs the comfort or convenience of persons in the
vicinity;
o. "Occupier" means any person who occupies the property, or who is
qualified to maintain an action for trespass in respect of the property,
and/or who is in possession of the property under lease, license,
agreement for sale or other agreement with the owner of the property;
p. "Open Air Burning" means any fire, other than a campfire, conducted
outside a building, including a fire conducted in a garden, yard, alley, field,
park, industrial site, building lot, street or other place;
q. "Prohibited Burning Material" means waste material including demolition
renovation or construction waste material and those listed in the Open
Burning Smoke Control Regulation enacted pursuant to the Environmental
Management Act as amended from time to time including the following;
i. Tires
x. Domestic Waste
ii. Treated wood
xi. Asphalt
iii. Plastic
xiii. Paint
iv.
Railroad ties
xiii.
Asphalt products
v. Drywall
xiv. Special waste
vi. Manure
xv. Fuel & Lubricant containers
vii.
Demolition waste
xvi. Tar Paper
vii. Rubber
xvii. Bio-medical waste
ix.
Standing grass
r. "Smoke" means the gas, particulate matter and all products of
combustion emitted into the atmosphere when a substance or
material is burned including, without limitation, smoke, dust, gas,
sparks, ash, soot, cinders, fumes or other effluvia.
5.
Burning Permit
5.1
Unless prohibited pursuant to Section 10 of this Bylaw, no person may
start open air burning on a parcel of land unless the person holds a valid
burn permit issued pursuant to Schedule A of this Bylaw.
5.2
Any person wishing to start open air burning shall first obtain a permit from
the Village Office during regular business hours.
5.3
The burning permit holder shall have the burning permit available on site for
review by any Fire Department member, Bylaw Officer or Municipal
Representative.
5.4
The burning permit holder is responsible for controlling the fire, completely
extinguishing the fire and is responsible for any damages caused by the fire.
5.5
A burning permit for any form of open-air burning is required at any and all times
of the year. The Bylaw Enforcement Officer may issue a permit based upon
satisfactory and safe weather conditions that adhere to provincial regulations.
5.6
Open fires requiring a burning permit shall be no larger than a meter in height
and a meter by a meter in width (100 cm by 100 cm in width by100 cm in height).
5.7
Burning of wood debris from land clearing projects are generally discouraged
and the landowner should seek alternative methods. However, when
alternative methods are unavailable, unreasonable or cost-prohibitive, burning
of wood debris from land clearing projects may be permitted under the
following conditions:
a. A burning permit shall first be obtained from the Village Office;
b. Permits will only be issued for land clearing projects based upon
satisfactory and safe weather conditions that comply with all
provincial regulations;
c. Appropriate firefighting equipment and personnel shall be stationed on site
during the burn;
d. Burn piles shall only be ignited when weather conditions are favourable to
burn (ie: wind, venting Index- see section 6.4, 6.6);
BYLAW NO. 771
BYLAW NO. 771
BYLAW NO. 771
e. No burning shall be commenced or permit issued before the Fire
Department member, Bylaw Enforcement Officer or Municipal
Representative has approved the site, size and location of burn piles;
f.
No burning permits shall be issued for land clearing projects when satisfactory
and safe weather conditions are not present. During periods of prolonged
"High" and "Extreme" fire indexes, the Bylaw Enforcement Officer may order
land clearing material and wood debris to be hauled to approved land fill or
transfer sites in order to abate the fire hazard;
g. The land owner shall retain full responsibility for land clearing, hauling debris,
piling and burning.;
h. Permits issued by the Village of Valemount still require permit holders to
contact the Ministry of Environment in relation to proper burning procedures.
6.
Open Air Burning Prohibitions
6.1
No person may start an open fire in the Village of Valemount without first receiving
authorization from the Village of Valemount;
6.2
No material other than brush material, including tree limbs and branches, leaves,
bush trimmings or raked grass shall be burned;
6.3
No industrial or domestic waste of any kind, construction material or pressure
treated wood shall be burned;
6.4
No open burning is allowed on days when the ventilation index is defined as "poor"
by Environment Canada;
6.5
No burning materials shall be added to a fire after 1700 hours (5:00 p.m.)
unless permission is granted by the Bylaw Enforcement Officer.
6.6
No open burning is permitted during winds greater than 20 kilometers per hour;
6.7
Fire or smoke from an open-air burn shall not create a nuisance for those in the
surrounding area;
6.8
No person shall be granted an open-air burning permit, or burn when there is a
"no burn" advisory from the Government of British Columbia.
BYLAW NO. 771
BYLAW NO.
771
7.
Clearances
7.1
No open burning is allowed:
a. Within 2 meters of any hedges or fence or 5 meters of any combustible
structure when using an approved incinerator;
b. Within 8 meters of any building or structure, fence or hedge when not using an
approved incinerator;
c. Within 10 meters of any stream;
d. To exceed 1 meter in height and 1 meter in diameter;
e. Within 5 meters of any public roadway;
f. Within 5 meters of any power poles or power lines;
g. Within 6 meters of any propane or fuel tanks;
h. Within 500 meters of any school between 8:00a.m. to 5:00p.m. during regular
school days;
i. Within 100 meters of any residence at all times;
j. Within 500 meters of any medical centre at all times.
8.
Means of Control
8.1
Every person to whom a burning permit has been issued must:
a. Ensure that open air burning is in accordance with any terms and
conditions contained in the burning permit or in the guidelines or instructions
presented by the Fire Department member, Bylaw Enforcement Officer or
Municipal Representative;
b. Ensure an individual over the age of eighteen is in charge of the open burn
and is on site and prepared with the appropriate equipment required to
control and extinguish the fire;
c. Ensure that the burn does not get out of control and/or cause damage to
any property or person.
BYLAW NO.
771
9.
Public Safety
9.1
No person shall burn material in any manner which;
a. Produces heavy or toxic smoke and/or fly ash which endangers the health,
safety or welfare of persons or animals; or,
b. Causes smoke to obscure visibility and thereby creates a hazard to the
public at large, or traffic on a public roadway; or,
c. Creates a nuisance to those in the area.
10.
Restriction or Cancellation of Permits
a. The Fire Department member, Bylaw Enforcement Officer or Municipal
Representative may require any person to extinguish open air burning
which is in breach of any provision, condition or restriction of this Bylaw or
any burning permit issued pursuant to this Bylaw;
b. Where, in the opinion of the Fire Department member, Bylaw Enforcement
Officer or Municipal Representative, hazardous open air burning conditions
develop or exist, the Fire Department member, Bylaw Enforcement Officer
or Municipal Representative may, at any time, make an order cancelling or
suspending all or any permits issued pursuant to this Bylaw, or attaching to
all permits, any conditions or restrictions as the Fire Department members,
Bylaw Enforcement Officer or Municipal Representative may deem
necessary;
c. All burning permits issued will be considered null and void if the
Government of British Columbia bans open fires, and/or campfires in
Valemount's jurisdiction. This "NO BURN" policy will continue to be enforced
until such time the appropriate provincial government agency rescinds the
restriction.
11.
Exemptions
a. This Bylaw does not apply to the normal use of charcoal, gas fired or electric
grills and barbecues for the purpose of cooking food or approved gas fueled
outdoor fireplaces or heaters;
b. This Bylaw does not apply to open air burning set for the purpose of Fire
Department "Live Fire" training exercises;
c. Special burn permits may be issued during Provincial wide fire bans, with
written consent of Council and the Fire Department, but only after a detailed
report has been issued to Council outlining why the fire is needed and the
precautionary steps that will be taken to avoid a fire spread.
12. Campfire/Cooking Fire
12.1 An outdoor campfire may be operated without a permit between 7:00 am and
1:00am provided that:
a. There is a distance of not less than 6 meters between the fire pit and any
building, structure, property line, tree, hedge, fence, roadway, overhead wire or
other combustible articles;
b. The fire is fully contained and controlled within the pit and does not exceed
more than 60cm in height and 60cm in diameter;
c. It is contained by a distinctive, raised, non-combustible barrier that has a
minimum height of 15cm, and completely surrounds the fire pit to prevent the
fire from spreading to the surrounding area;
d. No material other than brush material including tree limbs, branches and brush
trimmings or manufactured logs specifically designed for
fireplaces shall be used in any outdoor fire pit;
e. It does not create a nuisance;
f. A portable fire extinguisher or operable garden hose is available from the time
of setting of the fire until the fire is totally extinguished;
g. The owner or occupier is eighteen years of age or older and maintains
constant watch and control over the outdoor fire pit from the time of the setting
of the fire until the fire is completely extinguished;
h. Fire pits will be disallowed if the Government of British Columbia issues open
fire or campfire restrictions and will not be allowed until such time the
appropriate agency rescinds the restriction.
13.
Enforcement and Cost Recovery
13.1 Where the Fire Department member, Bylaw Officer or Municipal Representative
finds that any provision of this bylaw has been contravened or has not been
complied with, or has been complied with improperly or only in part, or that
conditions exist in or upon a building or property and which, in their opinion,
constitutes a fire hazard or otherwise constitutes a hazard to life and/or property,
they may make an order to ensure full and proper compliance with this Bylaw or
to eliminate the fire hazard. Without limiting the generality of the foregoing, they
may:
a. Give the owner, occupier or lessee to the building or property such directions
as they deem necessary to correct the contravention or to ensure compliance
with this Bylaw or to remove the hazards; or,
b. Make such an order as they deem necessary with respect to any of the
matters referred to in this Bylaw.
13.2 An order made under this Bylaw shall be in writing and shall be directed to the
owner, occupier or lessee of the building or property in respect of which the order is
made or to both;
13.3 Where the owner or occupier fails to comply with any order under this section, the
Fire Department member, Bylaw Enforcement Officer or Municipal Representative
may, at the expense of the owner or occupant, cause the condition to be remedied
as required;
13.4 Any expenses incurred by the Village under Section 11 above are recoverable
pursuant to Section 258 of the Community Charter;
13.5 Cost recovery will depend on the amount of the personnel and
equipment required to deal with emergency response for an open fire/camp fire that
has spread from its intended area. A number of factors will be considered in cost
recovery including but not limited to: Number of violations/notices, blatant disregard
for life safety, blatant disregard for health safety, size and severity of affected area,
and amount of material cost included in successful suppression.
13.6 The cost recovery bill will be approved by the Village CAO and Fire Department
Chief.
14.
Offense and Penalty
14.1 No person shall commit any act or permit any act or thing to be done in
contravention of this bylaw.
14.2 Every person who violates any provision of this bylaw, or who permits any or
thing required by this by-law, shall be deemed to have committed an act or thing
to be done in contravention of this bylaw, or who fails to do any act offence
against this by-law and:
a. Shall be liable to any conditions set out in the Village of Valemount
Bylaw Notice Enforcement and Dispute Adjudication System Bylaw;
or;
b. Shall be liable, upon summary conviction, to the penalties provided under
the Offence Act; or
c. Any combination of the above.
14.3
Each day that an offence against this bylaw continues shall be deemed a
separate and distinct offence.
14.4
Any penalty imposed pursuant to this bylaw shall be in addition to, and not in
substitution for, any other penalty or remedy imposed pursuant to any other
applicable statute, law or legislation.
15.
Severability
15.1
If any section, subsection or clause of this bylaw is declared or held to be invalid
by a court of competent jurisdiction, then that invalid portion shall be severed
and the remainder of this Bylaw shall be deemed to have been enacted and
adopted without the invalid and severed section, subsection or clause.
Read a First Time this 12th day of January, 2016
Read a Second Time this 12th day of January, 2016
Read a Third Time this 12th day of January, 2016
Reconsidered and Adopted this 26th day of January, 2016
Mayor, Jeannette Townsend