Outdoor Wood Burning Appliances By-Law 06-12

Cumberland, Nova Scotia · adopted 2006-11-22

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 3c70a35d6864 · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## General 1. This By-Law is entitled the "Outdoor Wood Burning Appliances By-Law." 2. In this By-Law: 3. "building intended for occupation" means any building intended to be 4. special care, fire hall, community center, government building, school or similar establishment; - d. "outdoor wood burning appliance" means a furnace or appliance which is located outside a building intended to receive heat or hot water from such furnace or appliance, whether or not the appliance is enclosed within a structure; and - C. "Municipality" means the Municipality of the County of Cumberland; - e. "owner" has the same meaning as in the Municipal Government Act. 3. This By-Law does not apply to outdoor wood burning appliances installed before the coming into force of this By-Law. ## Outdoor Wood Burning Appliances 4. Where a person wishes to replace an outdoor wood burning appliance that was installed before the coming into force of this By-Law, the subsequent outdoor wood burning appliance must be installed and used in accordance with section 5 of this By-Law, except that subsections 5(a) and (b) shall not apply. 5. An outdoor wood burning appliance may not be installed or operated in the Municipality unless: - a. its installation is not prohibited by the Municipality's Land Use By-Law; - b. it is located at least 100 meters from any building intended for occupation located on other property or the owners of any such buildings have signed a written consent to the installation; - c. clearance of 5 meters is observed in all directions from any building intended for occupation; - d. clearance of 5 meters is maintained between any building intended for occupation and any wood pile or combustible materials within 5 meters of the wood burning appliance; - e. the Manufacturer's installation instructions are followed; ## Outdoor Wood Burning Appliances By-Law ## Offences 6. Any owner of land where an outdoor wood burning appliances has been installed on contravention of sections 4 or 5 of this By-Law is guilty of an offence punishable on summary conviction. 7. Any person who contravenes sections 6 of this By-Law and who causes or allows the outdoor wood burning appliance to remain improperly installed is liable to be convicted of a separate offence for each day the outdoor wood burning appliance remains improperly installed. ## Penalties 8. Any person who contravenes sections 4 or 5 of this By-Law, and is therefore guilty of an offence pursuant to sections 6 or 7, is liable for a fine of not less than $200 and not more than $5000 for each offence. 9. Any person who contravenes sections 4 or 5 of this By-Law and is therefore guilty of an offence pursuant to sections 6 or 7, and who is given a Notice of the By-Law violation by the Municipality's By-Law Enforcement Officer in accordance with the Municipality's Payment in Lieu of Prosecution Policy may pay to the Municipality, at the place specified in the Notice, the sum of $100 within 14 days of the date of Notice and shall thereby avoid prosecution for that contravention. ## Municipality of Cumberland By-Law 06-12 - f. the furnace or appliance, its chimney, and any support structure for the Chimney, complies with any applicable requirements pursuant to the Building Code Act, Fire Safety Act and the Building Code By-Law; - h. the furnace or appliance is of sufficient construction to withstand the effects of heating, cooling and precipitation and is constructed of noncombustible materials. - g. the furnace or appliance is not placed on a wooden deck or other combustible platform; and ## Municipality of Cumberland By-Law 06-12 <!-- image --> ## Clerk's Annotation For Official By-Law Book Sept 20, 2006 Noy 22, 2006 Nov 22, 2,006 Date of advertisement of Passage of By-Lav ate of mailing to Minister a certified copy of By-Lav I certify that this OUTDOOR WOOD BURNING APPLIANCES BY-LAW was adopted by Council and Hennie bug November 27, 2006 Date *Effective Date of the By-Law unless otherwise specified in the text of the By-Law