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A BY-LAW TO AMEND BY-LAW 98-1 BEING A BY-LAW TO REGULATE
OPEN AIR FIRES WITHIN THE TOWN OF SAINT ANDREWS
1. Interpretation
In this Bylaw:
"Acceptable Fire Pit" means an outdoor receptacle whereby the fire pit opening
does not exceed 61 cm. (24 in.) in width or in diameter when measured between
the widest points or outside edges.
"Council" means the Council of the Town of Saint Andrews
"Fire Chief" means Fire Chief for the Town of Saint Andrews.
"Garden and Yard Waste" means any shrubbery, tree prunings, leaves, brush,
weeds, grass, roots, tree stumps, turf, and similar vegetation.
"General Waste" means any rubbish, garbage, non-wooden material, packaging,
containers, bottles, cans, rags, clothing, petroleum products, manure, human or
animal excrement, sewage or the whole or part of an animal carcass.
"Hazard" means a risk of fire or damage to property and/or person(s) which may
be caused by the burning of any waste and includes any nuisance.
"Nuisance" means the causing of any smoke by or from any fire permitted or
allowed under this Bylaw with compromises surrounding property owners with
respect to the quiet enjoyment of their property.
"Portable Barbecuing Appliance" means any appliance sold or constructed for the
purpose of cooking food outdoors, normally fuelled by liquefied petroleum gas,
natural gas, compressed briqueftes, or charcoal.
"Town" means the Town of Saint And rews.
2. Open Air Fires Prohibited
(1) No person shall be permitted to have an open air fire or any other fire upon
land owned or occupied by such person, or on any other lands within the
Town.
(2) No person shall be permitted to burn general waste, or garden and yard
waste on any lands owned or occupied by such person, or on any other lands
within the Town.
(3) Notwithstanding Section 1, persons are permitted under this Bylaw to
conduct:
(a) the cooking of food using a portable barbecuing appliance;
(b) the cooking of food in acceptable fire pits or acceptable fireplaces
provided:
(i)
only clean fuel is used such as natural gas, dry wood or charcoal in
amounts which will be contained within the fire pit or fireplace
below the mesh screen;
(ii)
the fire does not create a nuisance, which is offensive to any other
person;
(iii)
the fire does not create a hazard to persons or to other properties;
(iv)
a means, acceptable to the Fire Chief, of controlling or extinguishing
the fire is available on the property and within reasonable distance
from where the fire occurs;
(v)
a responsible adult is present on the property when the fire is
burning;
(vi)
the fire is extinguished before supervision of the fire ends;
(c) burning in Town-sanctioned parks where fireplaces, stoves and fire pits are
provided by or approved by the Town;
(d) burning by the Fire Department for the purpose of training its members;
(e) burning for municipal purposes at the direction of the Fire Chief.
3. Requirements for acceptable fire pits, outdoor fireplaces and structures
(1) Acceptable fire pits, outdoor fireplaces, or structures must meet the
following requirements:
(a) A minimum of 4.5 metres (15 feet) clearance shall be maintained from
buildings;
(b) Installations must have enclosed sides made from bricks, concrete blocks,
heavy gauge metal, stone, or other suitable non-combustible components;
(c) A spark arrestor mesh screen of 1/4 inch expanded metal (or equivalent)
to contain sparks shall be provided over the fire.
4. Offences and Penalties
(1) Every person who contravenes or fails to comply with any of the provisions
of this Bylaw shall be liable to a penalty of $50.00 for the first offence and
$250.00 for each subsequent offence.
5. The Town of St. Andrews Bylaw 98-1 is hereby repealed.
Town of Saint Andrews Bylaw Regulating Open Air Fires
Read the first time: November 4, 2002
Read the second time: April 07, 2003
R%7e:
May 05, 2003