Municipality of Roblin, Manitoba
· adopted 2021-11-25
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MUNICIPALITY OF ROBLIN
BY-LAW NO. 9-21
BEING A BY-LAW TO PROTECT LIFE AND PROPERTY FROM DAMAGES
BY FIRE AND REGULATE BURNING WITHIN THE MUNICIPALITY OF
ROBLIN.
WHEREAS the Council of the Municipality of Roblin deems it expedient and in the
best interest of the Municipality to provide generally for the protection of life and
property from damages by fire and to regulate burning within the Municipality;
AND WHEREAS Section 232 (1) of The Municipal Act provides that a Council
may pass by-laws for municipal purposes respecting the following matters pertaining
to:
(a) the safety, health, protection and well-being of people from fire,
(b) the safety and protection of property from fire,
(c) implementing various programs and/or laws for fire prevention purposes,
(d) implementing various programs for the purposes of fire suppression,
(e) enforcement of any provincial or municipal statutes as they may apply;
NOW THEREFORE the Council of the Municipality of Roblin, duly assembled,
enacts as follows:
Definitions:
Authority Having Jurisdiction (AHJ): the Municipal Council and the duly
appointed agents thereof.
Burning Permit: permit issued regulating outdoor and open air burning in burn
permit areas.
CAO: the Chief Administrative Officer ofthe Municipality.
Designate: any person authorized by the AHJ to enforce this by-law on behalf of the
AHJ.
Officer: the Fire Chief, any member of the Fire Service or any person on behalf of
the AHJ, appointed as a fire guardian for purposes of The Wildfires Act.
Outdoor Fire: a fire that is started outdoors including crop residue burning, land
clearing and grass, but does not include a fire started in, and remains contained
within, a fire pit or solid fuel burning appliance.
Delegation of Authority
1.
THAT the Council, Chief Administrative Officer or Fire Chief or designate
for the Municipality of Roblin be appointed as Officers for the purpose of
enforcing provincial statutes, regulations and this by-law.
Burning Permit Requirements
2.
THAT no person shall start an Outdoor Fire within the boundaries of the
Municipality of Roblin without first obtaining a Burning Permit from the
Municipality of Roblin. Any person who contravenes or refuses, omits, or
fails to obtain a permit will be subject to a fine as follows:
First offence
$ 250.00
Second offence
$ 500.00
3.
Third and subsequent offence
$1,000.00
THAT all burning within the Municipality shall be subject to the conditions
and provisions of The Wildfires Act and The Burning of Crop Residue and
Non-Crop Herbage Regulation, including but not limited to, the following
conditions, and those conditions specifically set out within the Burning
Permit.
Municipality of Roblin
By-law No. 9-21
Page 2 of 3
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(a)
Any Outdoor Fire shall be supervised by the owner or occupier of the
land or a person authorized by the owner or occupier of the land.
(b) No person shall start an Outdoor Fire on any land without taking
sufficient precautions that are reasonably necessary to protect persons
and the property of others from the fire.
(c) No person shall start an Outdoor Fire unless all precautions are taken
to ensure that the fire can be kept under control, or when weather
conditions are conducive to a fire burning out of control.
(d)
No person shall cause an Outdoor Fire to be started in order to guard
property, clear land or burn debris; burn crop, stubble or grass; unless
the land on which the fire is started is completely surrounded by a fire
guard consisting of:
(i) A strip of land free of flammable material not less than 6
meters (19.5 feet) wide to control the fire
(ii) By natural or man-made barriers, water, or
(iii) By a combination of (i) and (ii).
(e) The smoke from an Outdoor Fire shall not pose unreasonable hazard
to the health of any person or reduce the visibility on any road or
highway.
(f) A sufficient water supply and means of fire suppression capable of
extinguishing the Outdoor Fire based on its fuel loading and size shall
be available on site.
(g)
All fire must be extinguished when unsupervised.
Responsibilities of Permit Holder
4.
THAT authorization to conduct Outdoor Fire burning does not exempt or
excuse a person from the responsibility, consequences, damages, or injuries,
resulting from the authorized burning and does not excuseaperson from
complying with other applicable laws, ordinances or regulations.
Exemption from Burning Permit
5. Fires that are set in an outdoor fire pit or solid fuel burning appliance, set for
cooking or warmth and would normally be considered a campfire are for the
purposes of the by-law, exempt from a Burning Permit, but must adhere to
the Municipality's Policy PRO-001, which sets out the following conditions:
(a) Any fire that is set in a fire pit or solid fuel appliance shall be
enclosed on all sides and constructed of masonry, concrete, heavy
gauge metal or other non-combustible materials.
(b) The fire pit or solid fuel appliance shall be covered with a non-
combustible grate or mesh to cover the fire pit opening that is capable
of containing and reducing hazards or airborne sparks. If the fire pit
or solid fuel appliance is equipped with a chimney, it shall have a
non-combustible mesh or spark arrester installed.
(c) The fire pit or solid fuel appliance shall be located on a flat, level and
non-combustible base clear of overhangs, such as roofs, tree branches
or utility wires.
(d)
(e)
Burning Ban
In the case of certified appliances, the manufacturer's specifications
must be followed. If the manufacturer does not list clearances, those
set out in Policy PRO-001 must be adhered to.
A minimum clearance of three metres, measured from the nearest fire
pit edge is maintained from any structure, overhang or other
combustibles (i.e. fences, trees, hydro poles, etc.); and a minimum
clearance of three metres from neighbouring property lines.
6. The Municipality may, by resolution, at its discretion, ban ALL BURNING
(including an Outdoor Fire and fires contained within fire pits and solid fuel
burning appliances) within the Municipality if conditions exist where, in the
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Municipality of Roblin
By-law No. 9-21
Page 3 of 3
Costs
7.
8.
Repeals
9.
opinion of the Municipality, fires are of extremely high risk; and such a ban
would prevent wildfires from occurring.
Every person who contravenes or refuses, omits, fails to obey or observe any
provision of this By-law is guilty of an offence and liable to a fine as
provided below plus court costs. Every day that person is not in compliance
with the provisions of this By-law shall be deemed a separate offence.
First offence
$ 250.00
Second offence
$ 500.00
Third and subsequent offence
$1,000.00
Under authority of The Wildfires Act, Section 31 (1) provides as follows:
"Where the Crown or a municipality incurs costs, expenses, loss or damage
as a result of:
(a) wildfire protection operations;
(b) enforcing an officer's order which was not obeyed; or
(c) fire loss:
the Crown or the municipality is entitled to be reimbursed by the person who
caused the Crown or the municipality to incur costs, expenses, loss or
damage, and the amount of costs, expenses, loss or damage is a debt due and
owing to the Crown or the municipality."
THAT By-law No. 11-20, and any other by-law inconsistent herewith, is
hereby repealed.
DONE AND PASSED by the Council of the Municipality of Roblin, duly
assembled at Roblin, Manitoba, this 25th day of November, 2021.
Robert Misko
Head of Council
SieneChnanle
Dione Cherneski
Chief Administrative Officer
Read a first time this 26th day of October, 2021.
Read a second time this 9th day of November, 2021.
Read a third time this 25th day of November, 2021.