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By-law No. 8 - 2017
Page 1
TOWN OF ARBORG
BY-LAW NO. 8-2017
Being a By-Law of The Town of Arborg to Regulate Outdoor Fires in the Town of Arborg
WHEREAS subsection 231(1)(a) of The Municipal Act authorizes a council to pass by-laws for the purposes
respecting the safety, health, protection and well-being of people, and the safety and protection of property;
AND WHEREAS it is deemed necessary and expedient to pass a by-law for the purpose of regulating open
air fires and outdoor burning appliances;
NOW THEREFORE the Council of The Town of Arborg regular session assembled, enacts as follows:
1.
This by-law may be cited as the "Outdoor Fire By-law".
2.
All measurements found in this by-law shall be adhered to unless otherwise specified
recommendations from the manufacturer are greater.
PART 1 - DEFINITIONS
3.
In this by-law:
(a)
"ACCEPTABLE FIRE PIT" means an outdoor receptacle that meets the following
specifications:
(i)
a minimum of 1.5 meters (5 feet) clearance, measured from the nearest fire pit
edge, is maintained from buildings, property lines, or other combustible material;
(ii)
the fire pit height does not exceed 0.5 meters (20 inches) when measured from the
surrounding grade to the top of the pit opening;
(iii)
the fire pit installation has enclosed sides made from bricks, concrete blocks, heavy
gauge metal, or other non-combustible materials;
(iv)
a spark arrestor mesh screen with openings no larger than 1.25 cm (0.5 inches)
and constructed of expanded metal (or equivalent non-combustible material) is
used to cover the fire pit opening in a manner sufficient to contain and reduce the
hazards of airborne sparks; and
(v)
the fire pit shall not be used to burn prohibited debris.
(b)
"ACCEPTABLE CHEMINEA / FIREPLACE / STOVE / FIRE BOX / FIRE BOWL"
means a manufactured outdoor appliance that meets the following specifications:
(i)
a minimum of 1.5 meters (5 feet) clearance measured from the nearest receptacle
edge is maintained from buildings, property lines, or other combustible material;
(ii)
the receptacle is constructed of materials that are heat and flame resistant;
(iii)
the appliance is equipped with a secured chimney not less than 2.5 meters (8
feet) in height when measured from the base of the fire burning area;
(iv) the appliance is equipped with a regulation screen no larger than 1.25 cm (0.5
inches) and constructed of expanded metal (or equivalent non-combustible
materials) and is designed to contain and reduce the hazards of airborne sparks;
(v)
the base of the fire burning area is not less than 0.2 meters (8 inches) above the
surrounding grade;
(vi)
the base of the fire burning appliance shall be placed upon a non-combustible
surface such as earth, concrete, metal or other non-combustible materials;
(vii)
shall not be used on wooden decks unless located 1.5 meters (5 feet) from any
property line, building or other combustible structure and placed on a non-
combustible surface extending 40cm (16 inches) from the widest part of the
appliance;
(viii)
outdoor solid fuel appliances shall be located on a flat, level and non-combustible
base clear of overhangs such as roofs, tree branches and utility wires; and
(ix)
the appliance shall not be used to burn prohibited debris.
(c)
"FIRE DEPARTMENT" means the Arborg Bifrost Fire & Emergency Services as
established and organized by the Town of Arborg pursuant to the provisions of the current
by-law in effect.
(d)
"BURNABLE DEBRIS" means materials other than Prohibited Debris burned in
accordance with the Outdoor Fire Permit and all applicable statutes and by-laws, including
but not limited to materials such as: charcoal, or cut, seasoned wood.
(e)
"TOWN" means the Town of Arborg.
(f)
"FIRE CHIEF" means the Fire Chief of the Town of Arborg who performs the duties and
responsibilities of a Fire Chief, or his designate.
(g)
"PROHIBITED DEBRIS" means any inflammable waste that, when burned, may result
in the release to the atmosphere, dense smoke, offensive odours or toxic substances as
By-law No. 8 - 2017
Page 2
defined in any applicable statutes and by-laws including but not limited to non-wooden
material, tires, used oil and household refuse.
(h)
"ANNUALLY" means fiscal year, January 1st to December 31st.
(i)
"ANNUAL OUTDOOR FIRE PERMIT" means the permit to burn issued by the Town
of Arborg Municipal Office in accordance with this by-law, hereinafter referred to as the
"Outdoor Fire Permit"
PART 2 - OPEN AIR FIRES PROHIBITED
4.
Exempt from this By-Law:
(a)
the cooking of food using a Barbecuing Appliance;
(b)
burning in fireplaces, in or attached to dwellings, as provided by legislation;
(c)
burning in an incinerator for which a permit to construct and license to operate has been
issued pursuant to the applicable legislation;
(d)
burning by the Arborg Fire & Emergency Services Fire Department for the purpose of
training its members, or reducing the possibilities of wildfires (controlled burns).
5.
A person to who lights a fire shall not leave the fire unattended at any time while it is burning or
smoldering and shall ensure that sufficient appliances and equipment to prevent the fire from getting
beyond control, or causing damage or becoming dangerous are at the fire site.
PART 3 - PROCEDURE TO OBTAIN A PERMIT
6.
Any person wishing to obtain an Outdoor Fire Permit shall make application to the Municipal Office
in the form attached as Schedule "A" during the normal business hours.
7.
Each application for an Outdoor Fire Permit shall contain the following information:
(a)
the name and address of the applicant, and the owner's name if different from the applicant;
(b)
the legal description or civic address of the property for which the applicant is applying for
the Outdoor Fire Permit;
(c)
the type of Outdoor Fire Installation;
(d)
the written consent to the proposed application by the owner of the land if different from
the applicant.
PART 4 - REGULATIONS
GENERAL
8.
All outdoor fire pits/appliances must be registered annually with the Municipal Office in the form
of an Outdoor Fire Permit, "Schedule A" available from the Municipal Office at no charge;
9.
Occupants of the property, if not the owner, must first obtain written permission from the owner,
and present same to the Municipal Office upon applying for an Outdoor Fire Permit.
10.
Material which may be burned in an open fire as permitted under this by-law shall consist only of
charcoal, cut seasoned wood or commercially approved fire logs. The burning of the following
material is prohibited:
(a)
rubbish;
(b)
garden refuse, lawn clippings or leaves;
(c)
manure;
(d)
any material classified as a dangerous good, and any material which, when burned, will
generate black smoke or an offensive odour including, but not limited to, insulation from
electrical wiring or equipment, asphalt, roofing materials, hydrocarbons, plastics, rubber
materials, creosote wood, or any similar material.
11.
Fires shall be supervised at all times so as to prevent their spread.
12.
Fires shall not be set in windy conditions conducive to creating a running fire or a nuisance to
another person.
13.
If smoke from a fire causes an unreasonable interference with the use and enjoyment of another
person's property, the fire shall be extinguished immediately.
14.
The person lighting the fire is responsible for any damages that might result from the lighting of the
fire.
15.
Any fire permitted by this by-law shall be contained to a manageable size so that the fire, or any
embers, sparks or smoke emanating from it does not endanger any person or property or cause any
objectionable effect on nearby property.
By-law No. 8 - 2017
Page 3
16.
The Fire Chief, or his designate, or RCMP may direct that a fire be extinguished, or may extinguish
a fire that in his/her opinion is a nuisance or a threat to public safety.
17.
All outdoor burning appliances;
(a)
shall not be used on apartment balconies;
(b)
shall not be used indoors;
(e)
shall be separated from grass and other vegetation by a distance of at least 40 cm (16
inches) by means of earth, sand, gravel or other non-combustible medium;
18.
Burning barrels or other similar device for the burning of any household or yard refuse are
prohibited.
PART 5 - INSPECTION OF BURNING DEVICES
19.
Upon issuance of an Outdoor Fire Permit, the Fire Department will have 15 days with which to
inspect the burning device to ensure it is compliant to this By-law at no cost to the occupants of the
property or the Municipality. Recommendations may be made at this time to bring any
contraventions of the by-law into compliance.
20.
Upon receiving a complaint, the Fire Department will inspect the burning device to ensure it is
compliant to this by-law at no cost to the occupants of the property or the Municipality.
Recommendations may be made at this time to bring any contraventions of the by-law into
compliance.
PART 6 - OFFENCES , PENALTIES, ENFORCEMENT AND ENACTMENT
21.
Any person who hinders or obstructs a person lawfully carrying out the enforcement of this by-law
is guilty of an offence.
22.
Any person who contravenes, or does not comply, or improperly complies, or only partly complies
with any provisions of this by-law commits an offence. Everyone who commits an offence is liable
to pay the expense recovery of the costs incurred as a result of the fire.
23.
In the event of extreme dry conditions the Town of Arborg reserves the right to restrict all outdoor
burning as deemed necessary by the Province of Manitoba, Fire Chief or his/her delegate.
DONE AND PASSED by the Council of the Town of Arborg duly assembled at Arborg, Manitoba this
13th day of September A.D. 2017.
___________________________
Randy Sigurdson
Mayor
___________________________
Lorraine Bardarson
Chief Administrative Officer
Schedule 'A'
By-Law No. 8-2017
Town of Arborg
Read a first time this
23rd
day of
August
A.D.
2017
Read a second time this
23rd
day of
August
A.D.
2017
Read a third time this
13th
day of
September
A.D.
2017
By-law No. 8 - 2017
Page 4
The Arborg Bifrost Fire & Emergency Services reserve the right to regulate and control the design,
construction materials and safety precautions of all fire pits & appliances within the corporate limits of
the Town of Arborg.
Comments:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
I, the above applicant, will comply with the Town of Arborg Outdoor Burning By-law No. 8-2017,
made available to me in printed format or online version. I further accept any and all
responsibility and liability for damages that may occur from the use of my outdoor fire pit or
appliance installation.
____________________________________
____________________________________
Applicant - Print Name
Signature of Applicant
Approved by: ______________________________ on this ______ day of _______________ 20____.
(CAO, Town of Arborg)
Copied to Arborg Bifrost Fire & Emergency Services ⃝
Permit expires: December 31st, 20____ .
Applicant(s)' name
Owner(s)' name
(if different)
Civic Address
Owner
Tenant
Owner Written Consent
Received
Mailing Address
Type of Outdoor Fire Installation
Fire Pit
Portable Outdoor
Appliance
Stationary/Built-in
Outdoor Appliance
Type of Construction
Brick
Concrete
Block
Masonry
Heavy Gauge
Metal
Other Non-Combustible
Material (Please Specify):
Spark Arrestor;
Mesh Screen