Burning By-Law (To Control Open Air Fires) No. 4425 — full text

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## RURAL MUNICIPALITY OF ST. ANDREWS ## BY-LAW NO. 4425 BEING A BY-LAW OF THE RURAL MUNICIPALITY OF ST. ANDREWS TO CONTROL OPEN FIRES. WHEREAS the Rural Municipality of St. Andrews wishes to provide further containment regulation for the prevention of open fires within the Municipality. NOW THEREFORE THE COUNCIL of the Rural Municipality of St. Andrews enacts as a By-Law the following: ## 1. DEFINITION Approved Receptacle - Fire Pit or Barbecue Pit not to exceed 24 inches, containers will have sides to contain fire. Authority having jurisdiction (hereinafter referred to as the Authority) - means the Director of Municipal Safety, District Fire Chief, or in the absence of the District Chief, the Designate, or in his or her absence, the Municipal By-Law Enforcement Officer having jurisdiction as the person or persons for the enforcement of the within By-Law. ack Country Travel - All motorized travel (including ATV's and other offroad vehicles) i rohibited on any trails, wooded areas, grassy fields or anywhere that a spark could easily ignit Director of Municipal Safety Program - means the head of the Municipal Safety Program, fire program and the St. Andrews Fire Department. District Fire Chief - means the fire chief of a particular Fire District of the Municipality as determined by Council from time to time. Nuisance - means anything that disturbs the reasonable use of your property or endangers life and health and is offensive and also creates environmental problems. Open Air Fire - the burning of material such as untreated wood, yard waste (grass, leaves, limbs and branches), crop residue and fire for religious and ceremonial purposes where the flame is not wholly contained in an approved receptacle and includes campfires, brush fires, burn drums, windrows and outdoor fireplaces, but does not include barbecues. Other Areas - which includes but not limited to, Agricultural Zones, Commercial Zones, Industrial Zones, Parks & Recreation Zones and Hazard Lands, as in accordance with the current Rural Municipality of St. Andrews Zoning By-Law No. 4066 and all amendments and successor By-Laws related thereto. Rural acid or at are an areas idio and in acadend neith and sures or By. Laws related thereto. Suburban orat. Andrews Zons ar By indiCated and in accordance and stear By Laws related thereto. Seasonal Residential (SR) - means areas indicated and in accordance with the current Rural Municipality of St. Andrews Zoning By- No. 4066 and all amendments and successor By-Laws related thereto. ## 2. POWER OF AUTHORITY The Authority may, at all reasonable times, and without the consent of the owner or occupier, enter upon any lands or premises where the Authority has reason to believe that a violation of the within By-Law has occurred or is occurring. ## 2.1 Inspection and Orders The Fire Chief or authority may: - I. enter at all reasonable times on any property that is subject to the requirements or regulations of this bylaw, to ascertain whether the regulations in this bylaw or directions made under this bylaw are in compliance. - II. make orders directing the owners or occupiers of property to bring the fire into compliance with this bylaw. - III. prevent material not properly prepared (i.e. dried) from being added to fire. - IV. call on the Ministry of Water, Land and Air Protection's Conservation Officers if a person is burning waste in contravention of the Waste Management Act. - V. order the operator to immediately put the fire out. ## 3. PROHIBITION Subject to the provisions of this By-Law, no person shall burn nor place or deposit for the purpose of burning upon any private or public property garbage, or food or animal waste or slops, manure, bedding, straw, dirt, paper, filth, rubbish, raw garbage, grass clippings, leaves or other refuse or excretion in the Rural Municipality of St. Andrews in the areas zoned as "RR"Rural Residential, "RA" - Suburban Rural, and "SR" - Seasonal residential, as defined in the Rural Municipality of St. Andrews Zoning By-Law 4066 and all amendment and successor ByLaws related thereto. Further, no person shall burn such of the foregoing that would in the opinion of Council, create a public nuisance that would be detrimental to the health or comfort of the residents of the Municipality. ## 4. PERMISSION TO BURN Only burning of clean dry woods are permitted in the areas zoned as "RR" - Rural Residential, "RA" - Suburban Rural, and "SR" - Seasonal residential, as defined in the Rural Municipality of St. Andrews Zoning By-Law 4066 and all amendment and successor By-Law related thereto. ## 4.1 Open Air Fires for areas defined as Rural Residential (RR), Rural Suburban (RA) and Seasonal Residential (SR) al So e Rea Mincipaty of St Andrews to respond to a fre or cong in concerning a fire on the property. - I. Fire Pit or Barbecue Pit not to exceed 24 inches, containers will have sides to contain fire. - II. Only clean dry wood can be burnt in RR, RA and SR as described above. - III. All toxic and non-toxic materials prohibited by the Environmental Protection Act including treated, painted or laminated wood, tires, rubber, plastic, asphalt, foam, insulation, cardboard, cloth, leaves, grass, straw and vegetation shall not be burnt at - IV. Fires must be supervised at all times. - V. Sufficient water/other fire retardant equipment is readily available to keep fire under - VI. Fire must be extinguished immediately if smoke interferes with neighbors or if ordered by the Fire Chief. ## 4.2 Open Air fires for areas defined as all Other Areas If any of these conditions are violated the applicant and/or property owner may be charged under the Manitoba Fire Code, the Environmental Protection Act and/or charged a fee equal to any expenses incurred by the Rural Municipality of St Andrews to respond to a fire or complaint concerning a fire on the property. - I. All toxic and non-toxic materials prohibited by the Environmental Protection Act including treated, painted or laminated wood, tires, rubber, plastic, asphalt, foam, Insulation, cardboard, cloth, leaves, grass, straw and vegetation shall not be burnt, at anytime. - II. Fires must be supervised at all times. - III. Sufficient water/other fire-retardant equipment is readily available to keep fire under control. - IV. Fire must be extinguished immediately if smoke interferes with neighbors or if ordered by the Fire Chief. ## 5. BURNING PERMIT REQUIREMENTS THAT no person shall start an Open Air Fire within the boundaries of the Rural Municipality of St. Andrews, during the Wildfire Season without first obtaining a Burning Permit from the Rural Municipality of St. Andrews or from one of its designated Officers. All burning within the municipality shall be subject to the conditions and provisions of The Wildfires Act, and the Manitoba Crop Burning Residue Burning Regulation - MR 77/93, including but not limited to, the following conditions, and those conditions specifically set out within the Burning Permit. - a) Any Open Air 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 Open Air 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 Open Air 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 Open Air 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, or of sufficient width to control the fire 6. ii) by natural or man-made barriers, water, or 7. iii) by a combination of (i) and (ii). - e) The smoke from an Open Air Fire shall not pose unreasonable hazard to the health of any person or reduce the visibility on any road or highway. 9. A sufficient water supply and means of fire suppression capable of extinguishing the Open Air Fire based on its fuel loading and size shall be available on site. - g) All fires must be extinguished when unsupervised. Notwithstanding the foregoing, the Authority may issue a permit permitting fires that would otherwise contravene the provisions of the By-Law subject to such conditions, as the Authority shall, in their sole discretion deem appropriate, subject only to the direction of the Council of the Rural Municipality of St. Andrews. ## 6. ORDERS AND ENFORCEMENT - a) If the Authority discovers that any person or persons has contravened the provisions of the within By-Law, or that the persons have not complied or have complied improperly or have complied in part only with the provisions of the By-Law or the safeguards and restrictions of this By-Law or the safeguards and restrictions contained in the permit, and in the opinion of the Authority, a danger, nuisance, or annoyance to other persons or property has resulted, the Authority may make such order to ensure a full and proper compliance with the within ByLaw and, in particular, but without limiting the generality of the foregoing, they may: - i) serve upon the owner, occupier, permit holder or lessee of the property such recommendations as deemed necessary or expedient to correct the contravention or to ensure compliance with the within By-Law or to remove the danger, nuisance, or annoyance referred to in the within By-Law, or 2. ii) serve upon the owners), occupier, permit holder, or lessee of the property such orders as they deem necessary or expedient with respect to any of the matters referred to in the within By-Law, or 3. iii) revoke any permit issued pursuant to the provisions of this By-Law. - b) An order made under the provisions of this By-Law shall be in and shall be directed to the owner, occupier, permit holder, or lessee of the property in respect of which the order is made or to both. - c) An order made pursuant to the provisions of the within By-Law shall be served by: - i) delivering or causing it to be delivered to the person to whom it is directed, or 7. il) posting a copy of the order in a conspicuous place on the property if the person to whom it is directed cannot be found, is not known, or refuses to accept service of the order and service shall be deemed to be made by such posting. ## 7. BURN RESTRICTIONS AND BANS The Municipality may, at their discretion, restrict or ban ALL BURNING (including an Open Air Fire and fires contained within fire pits and solid fuel burning appliances) in the Rural Municipality of St. Andrews if conditions exist where, in the opinion of the municipality, fires are a risk, and such restrictions or ban would prevent wildfires from occurring. Restrictions and bans can also be implemented in cases where air quality is affected, causing health and respiratory problems. The RM of St. Andrews Fire Restrictions: - Level 1 Restrictions - Fires are allowed in approved receptacles. Open air fires are allowed in the appropriate zone. However, any person who wishes to cause an open-air fire shall contact the RM of St. Andrews and obtain a burn permit. (Note: the RM of St. Andrews is always at a level 1 fire restriction) - Level 2 Restrictions - Open air fires are prohibited; fires in approved receptacles such as fire pits, barbeques, outdoor fireplaces and warming receptacles are permitted. Fires are restricted between 8:00am and 8:00pm and when wind speeds are greater than 25km/hr. Residents should limit all motorized back country travel. Firework use should be limited. - Level 3 Restrictions (Fire Ban) - NO fires of any type are allowed except for gas/propane barbecues and fire tables. No motorized back country travel within the RM. Firework use is prohibited ## 8. LIABILITY In the event of fire resulting from the contravention of this By-Law, and in the event that the Municipality suffers expenses in attending to such fire, the person whose violation of this ByLaw is the cause of the fire shall, at the option of Council, be liable to the Municipality for the actual costs that the Municipality incurred in respect of such fire and the Municipality shall be entitled to rely on the provisions of The Municipal Act to recover such costs. ## 9. APPEAL Any person claiming to be injuriously affected by a decision or order of the Authority, pursuant to the within By-Law may, within (14) fourteen days of being served with such decision or order, appeal the order or decision to the Council of the Rural Municipality of St. Andrews, and the decision of the said Council shall be final and shall not be subject to appeal. ## 10. SEVERABILITY In the event that any section or part of the within By-Law is declared to be invalid, it is the intent of the Council of the Rural Municipality of St. Andrews that it would have passed all other portions of the within By-Law independent of the elimination of any such section or part thereof as may be declared invalid. ## 11. PENALTY - a) Any person or persons who contravene or disobeys, or refuses or neglects to obey; any provision of the within By-Law, or any order made pursuant to the provisions of the within By-Law or any condition or restriction attached to a permit; for which no other penalty is herein provided, is guilty of an offence and liable, on summary conviction, to a fine of not less than ($100.00) one hundred dollars, and in the case of an individual, not greater than ($1,000.00) one thousand dollars, or in the case of a Corporation, not greater that ($5,000.00) five thousand dollars. - b) Every person who sets a fire in contravention of this By-Law or who fails to extinguish a fire once ordered to do so by the Fire Chief or Designate shall, in addition to any penalty provided for herein, be liable to the Rural Municipality of St Andrews for all expenses incurred for the purpose of investigating, controlling and extinguishing any fire set or left to burn as approved by Council, and such expenses may be recovered by court action or in a like ## 12. SEPARATE OFFENCE ## 13. REPEALS This By-Law repeals By-Law No. 4405. DONE AND PASSED, by the Council of the Rural Municipality of St. Andrews in Council, duly assembled, in the Village of Clandeboye, in Manitoba, this 10" day of November, 2025. RECEIVED first reading this 28th day of October, 2025. RECEIVED seconding reading this 10th day of November, 2025. RECEIVED third reading this 10th day of November, 2025.   RURAL MUNICIPALITY OF ST. ANDREWS Sul Mayor Diet Olmen Chief Administrative Officer