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The Rural Municipality of Mountain
BY-LAW NO. 04/16
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF MOUNTAIN FOR THE
PURPOSE OF ESTABLISHING A BURNING PERMIT SYSTEM FOR FIRE
PREVENTION AND CONTROL.
WHEREAS Section 232(1)(a) and (i) of The Municipal Act provides, in part, as follows:
Spheres of jurisdiction
232(1) A council may pass by-laws for municipal purposes respecting the following matters:
(a) the safety, health, protection and well-being of people, and the safety and
protection of property;
(i) preventing and fighting fires;
AND WHEREAS it is deemed expedient and in the best interest of the Rural Municipality of
Mountain to provide for the protection of life and property from damage by fire and to regulate
burning within the Rural Municipality of Mountain;
NOW THEREFORE the Council of the Rural Municipality of Mountain, in open session
assembled, enacts as follows:
1.
THAT all burning within the Municipality shall be subject to the the following
provisions:
i. The Fires Prevention and Emergency Response Act and the regulations; and
ii. The Wildfires Act and the Manitoba Crop Burning Residue Regulation;
iii. Any terms and conditions as set forth in this By-law or the Burning Permit,
including any safeguards or restrictions prescribed by the By-Law
Enforcement Officer, the Councillor of the Ward or Fire Chief.
2.
BURNING PERMITS
1. THAT no person shall set on fire any stumps, trees, logs, brush, grass, straw,
shavings, or refuse without first obtaining a Burning Permit from the By-Law
Enforcement Officer of the Rural Municipality of Mountain, Councillor of the
applicable Ward, or the appropriate Fire Chief.
2. THAT the By-Law Enforcement Officer, Councillor of the Ward or Fire Chief,
at his/her discretion may issue or refuse to issue the burning permit to which the
application was made;
3. THAT the By-Law Enforcement Officer, Councillor of the Ward or Fire Chief
may prescribe the safeguards that he/she deems necessary and shall be used for
the control of fires that may be caused directly or indirectly, by an operation, and
he/she may limit the period under which the burning operation may be carried
out;
4. THAT the permitee shall observe the following precautions before lighting the
fire;
a) No person shall set a fire that spreads or is likely to spread so as to danger
forests or property;
b) Fires shall be supervised at all times and a sufficient means of fire suppression
capable of extinguishing the fire based on its fuel loading and size shall be
available on site.
c) All fires shall be extinguished when unsupervised;
d) No person shall set fires when wind conditions exceed 20km/hr;
e) No person shall set fires for the purpose of guarding property, burning crops or
stubble, or clearing land, unless the land on which the fire is started is completely
surrounded by:
i. a ploughed fireguard not less than twenty feet wide; or
ii. a strip of land not less than twenty feet wide, free from all flammable
material or on which all flammable material is covered by snow or water;
By - Law No. 04/14
Page 2
f) No person shall:
i. set a fire that runs at large on any land, which is not his own property;
ii. permit or fail to prevent fire from passing from his own land or land
occupied by him to the injury of the property of any other person.
5. THAT a burning permit may be cancelled or suspended at any time by the By-
Law Enforcement Officer, Reeve, Council, Fire Chief or Chief Administrative
Officer;
6. THAT upon receiving notice of the cancellation or suspension of a burning
permit, the permitee shall refrain from setting further fires, and shall extinguish
any existing fires;
7. THAT the posession of a burning permit does not exempt or excuse a person
from the responsibility, consequences, damages, or injuries resulting from the
authorized burning and does not excuse a person from complying with other
applicable laws, ordinances or regulations.
8. THAT the burning permit shall be in the format attached as Schedule 'A' to this
By-Law and be kept on record at the municipal office;
9. THAT there shall be no fee for issuance of a burning permit.
3.
APPEALS
1. THAT any person who has been refused a burning permit by the By-Law
Enforcement Officer, Councillor of the Ward or Fire Chief may within five days
of the refusal, submit a written appeal to the Council of the Rural Municipality of
Mountain;
2. THAT upon consideration of the appeal by Council at its next regular meeting,
the Council's decision is final and subject to no further appeal.
4.
BURNING BANS
1. THAT the Municipality may, by resolution, at their discretion, ban all burning
(including fires contained in fire pits, burn containers and solid fuel burning
appliances) in the Rural Municipality of Mountain if conditoins exist where, in
the opinion of the Municipality, fires are extremely high risk, and such a ban
would prevent wildfires from occuring.
5.
EXEMPTION FROM BURNING PERMITS
1. THAT any person may in an emergency, without a burning permit, set a fire for
the purpose of cooking or obtaining warmth therefrom;
2. THAT 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 this By-Law, exempt from a Burning Permit, but must adhere to the
following conditions:
a)
Any fire that is set in a fire pit or solid fuel applicance shall be
enclosed on all sides and constructed of masonry, concrete, heavy gauge
metal or other noncombustible materials;
b)
The fire pit or solid fuel appliance shall be covered with a non-
combustible grate or mesh. If the fire pit or solid fuel appliance is
equipped with a chimney, it shall have a noncombustible mesh or spark
arrester installed;
c)
The fire pit or solid fuel appliance shall be located on a flat, level and
noncombustible base clear of overhangs, such as roofs, tree branches or
utility wires;
d)
A minimum clearance of 10 meters, measured from the nearest fire
pit edge is maintainted from any structures or any combustibles (ie. fences,
trees, hydro poles) and property lines;
By - Law No. 04/14
Page 3
e)
Solid fuel appliances shall be installed to manufacturer's
specifications with any required distance to a structure or combustible of
at least 10 meters.
6.
OFFENCES AND PENALTIES
1. THAT every person who contravenes, or refuses, neglects, omits or fails to
obey or observe, any provision of the By-Law of the Municipality, is guilty of an
offense and is liable to a fine not exceeding $500.00.
2. THAT where the contravention, refusal, neglect, omission, or failure, continues
more than one day, the person is guilty of a separate offence for each day that it
continues.
3. THAT where a person is in contravention under this By-Law, in addition to
imposing a fine, the Municipality is entitled to be reimbursed by the person(s) for
costs incurred by the Municipality in fire protection and suppression operations
that were undertaken as a result of the person(s) acts or omissions that resulted
in the costs to be incurred.
4. THAT any outstanding fines or penalties are an amount owing to the
Municipality and may be collected by the Municipality in the same manner as a
tax may be collected or enforced under to The Municipal Act.
AND THAT By-law No. 04/03, and any other by-laws inconsistent herewith are hereby
repealed.
DONE AND PASSED as a By - Law of the Rural Municipality of Mountain, at the L.U.D.
of Birch River, in the Province of Manitoba, this day of June, A.D., 2016 .
...........................................
Marvin Kovachik
Reeve
...........................................
Robin Wiebe
Chief Administrative Officer
Read a first time this 25th day of May, A.D. 2016 .
Read a second time this 8th day of June, A.D. 2016.
Read a third time this 22nd day of June, A.D. 2016.
Schedule 'A' to By-Law No. 04/16
By - Law No. 04/14
Page 4
RURAL MUNICIPALITY OF MOUNTAIN
P.O. Box 155 Birch River, MB R0L 0E0
Telephone: (204) 236-4222
Fax: (204) 236-4773 Email: [email protected]
PERMIT TO BURN
The Undersigned hereby applies for a PERMIT TO BURN in accordance with this application, all
By-laws, regulations and Acts applicable thereto, and all conditions stated in the document and
appendices.
Permission is requested to burn:
SEC
TWP
RGE
Owner of Property
______________________________________________________________________
Address of Owner:
____________________________ Phone No. _________________________
Person or Firm Conducting Burn
____________________________________________________
Burn Shall be Extinguished - Date
____________________ ___Time
___________________
Approval to the above-described burn shall be subject to the following conditions:
1. The applicant conducting the burn shall place the material to be burned in a location a
reasonable distance away from all other combustible materials on the property.
2. The fire shall be supervised and kept under control at all times.
3. The fire shall be completely extinguished upon completion of the burn.
4. That applicant conducting the burn shall have readily available, at the site, an adequate
means of extinguishing the fire if it becomes necessary to do so.
5. The applicant shall bear responsibility and liability for all damages, which may result from
any burning carried out under this permit.
6. No fire shall be set when fire conditions are extreme or hazardous.
Special Conditions:
NO FIRE BE SET WITH WINDS OVER 20 KM/HR
NO BURNING AT NIGHT
NOTIFY FIRE DEPARTMENT BEFORE LIGHTING
_____________________________________________________________________________________
_____________________________________________________________________________________
__________
I hereby certify that I am the Owner/Agent in this application, and agree to all conditions described above,
and have full knowledge of the circumstances connected, and accept responsibility of the burn.
Applicant:
(please print)
Signed:
_______________________________________ Date: __________________________
** Note** This permit may be cancelled by the By-law Enforcement Officer, Reeve, Council, Fire Chief or the
Chief Administrative Officer of R.M. of Mountain.
Validated By: _______________________________________ Date: __________________________
(Fire Chief)
Validated By: _______________________________________ Date:
___________________
(Ward Councillor)