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Title
1.
This Bylaw is entitled the "Outdoor Fires Bylaw".
Definitions
2.
In this Bylaw:
(1)
"Acceptable Fire Pit" means an outdoor receptacle which is constructed from
bricks, concrete blocks, heavy gauge metal, stone or other suitable non-
combustible components, has a spark arrestor or metal mesh screen, is positioned
on a fire-proof surface, and does not exceed 1 metre in width or in diameter when
measured between the widest point or outside edges;
(2)
"Camp Fire" means a fire not exceeding 60 centimetres in width at the largest
point, and not piled higher than 45 centimetres in height, located at least 5 metres
from other combustible materials, started and maintained with the permission of
the owner of the property where the fire is located;
(3)
"Chiminea" means a chiminea or other small, commercially manufactured burning
appliance constructed from a suitable fire resistant material and intended to burn
small quantities of wood or charcoal;
(4)
"Fire Chief" means the Fire Chief, Deputy Fire Chief, Fire Inspector, fire captain
or other officer of the Truro Fire Service or other person designated by such
person;
(5)
"Fire Proof Pad" means a pad made of non-combustible material(s), such as
cement or concrete, that is resistant to heat;
(6)
"Nuisance" means unreasonable interference with a neighbouring property
owner's enjoyment of his or her property;
(7)
"Open Air" means anywhere that is not fully enclosed by a building or structure;
(8)
"Owner" has the same meaning as in the Municipal Government Act;
Town of Truro - Bylaws
Subject:
Outdoor Fires
Bylaw Number:
B140-001
Approval Date:
July 9, 2012
Departments:
Fire Service
(9)
"Town" means the Town of Truro.
Prohibition on Open Air Fires
3.
No person shall light, ignite, start, allow or cause to be lighted, ignited or started, or add
fuel to, or otherwise permit or encourage to burn, a fire of any kind whatsoever in the
open air except as permitted under section 4.
Permitted Open Air Fires
4.
Except was may be otherwise prohibited by law, an open air fire is permitted:
(1)
For cooking food with propane, natural gas, charcoal or wood within a portable or
fixed barbeque in which the fire is contained on its underside and on at least three
sides;
(2)
In an acceptable fire pit or chiminea, provided that:
(a)
A spark arrestor or mesh screen is used to contain any sparks or blowing
debris;
(b)
Only clean, dry, untreated wood or charcoal is burned;
(c)
In the case of an acceptable fire pit, the fire pit is located at least 5 metres
from any building, flammable structure, combustible material or property
line;
(d)
In the case of a chiminea:
(i)
The chiminea is positioned on a fire-proof pad that extends at least
50 centimetres outward from where the door of the chiminea is
located and 20 centimetres on all other sides;
(ii)
The chiminea is at least 5 metres from all buildings and at least 1
metre from any wooden surface that is not appropriately screened
with a CSA approved fire-proof material;
(iii)
If the operating instructions that come with the chiminea are stricter
than the standards in this Bylaw, the position and operation of the
chiminea must comply with those operating instructions;
(e)
A responsible adult who is equipped with tools or equipment to contain an
outdoor fire (which may include brooms, rakes, back tanks, shovels, hoses
and an adequate water supply) is present on the property and supervising
while the fire is burning and until the fire is fully extinguished;
(f)
A fire extinguisher is available on the property and within a reasonable
distance from where the fire is located; and
(g)
The fire does not create a nuisance.
(3)
For training purposes, or as a preventative measure intended to reduce the risk or
spreading of a more serious fire, if the burning is carried out or supervised by a
fire department, brigade or service or by a person responding reasonably to an
emergency;
(4)
For organized competitions where lighting fires is a component, such as the water
boil in a woodsmen's competition;
(5)
By a person lost or in distress in a wooded area, if reasonable precautions are
taken against the spreading of the fire;
(6)
Only between the hours of 6:00 a.m. and 12:00 midnight, unless:
(a)
The fire is a fire permitted by subsections (2) or (5) hereof; or
(b)
The fire is authorized by a permit under section 5 and the permit specifies
other hours during which the fire is permitted.
(7)
For a fire authorized by a permit issued under section 5, provided that:
(a)
The permit for the fire is available for inspection at the scene of the fire at
any time;
(b)
The conditions of the permit are complied with;
(c)
The fire is initiated by or authorized by the owner of the property where
the fire is situate;
(d)
The fire is not within 100 metres of a dwelling located on other property,
except with the express consent of the owner and occupant of such other
property;
(e)
The fire is not within 20 metres of any structure;
(f)
The fire is not within 20 metres of another property, except with the
express consent of the owner and occupant of such other property;
(g)
The fire is not started or permitted to continue when the wind is blowing of
sufficient velocity to jeopardize the permit holder's ability to contract a
fire;
(h)
The fire is not left unattended by the permit holder;
(i)
The fire is not fueled by, or allowed to burn anything, except untreated
wood, brush and vegetation or byproducts thereof; and
(j)
Any smoldering embers from the fire are completely extinguished after the
burning is completed.
Permits
5.
The Fire Chief may issue a permit in the form attached as Schedule "A" to this Bylaw,
upon application, for a fire for the purpose of:
(1)
Weed control or other agricultural or forestry purposes, including the elimination
of infestations of insects or disease;
(2)
Brush removal;
(3)
The burning of grass or other vegetation such as leaves, tree limbs or stumps.
Despite subsections (2) and (3), the Fire Chief must not issue a permit for a fire for the
purpose of clearing undeveloped land of trees or other vegetation.
6.
The Fire Chief, in considering an application for a permit under section 5 may refuse to
issue a permit if the Fire Chief is not satisfied that the proposed burning complies with the
other provisions of this Bylaw or if the Fire Chief is not satisfied that the proposed
burning could be carried out safely having regard to:
(1)
The number of permits issued on or for a particular day;
(2)
The nature of the material intended to be burnt;
(3)
The velocity of the wind or other weather conditions;
(4)
Whether or not the applicant is suitably equipped with appropriate tools such as
rakes, shovels, and water tanks or other suitable water sources, or, for substantial
burning, mechanical equipment that may be used to suppress a fire, such as a
bulldozer, and any other equipment deemed necessary or prudent;
(5)
The proposed manner and method of burning;
(6)
Whether the applicant has signed a waiver of liability and indemnity agreement in
form satisfactory to the Town in respect of any death, injury or property damage
arising and an undertaking, in a form satisfactory to the Town, to pay all expenses
incurred in controlling or extinguishing any fire threatening to get, or getting,
beyond control or extending onto other lands; and
(7)
Whether the applicant has paid an open air fire permit fee of $10.
7.
The Fire Chief, in issuing a permit under section 5, may specify conditions upon which
the permit is granted, including but not limited to:
(1)
The times and dates for which the permit shall be valid;
(2)
Location on the premises where the burning shall occur;
(3)
Special equipment required to be available during the burning;
(4)
The proposed manner and method of burning;
(5)
The number of piles which may be burnt at one time and the size of such piles; and
(6)
Any other matter the Fire Chief determines relevant to the safety of persons and
protection of property, including forests.
8.
The Fire Chief may revoke a permit issued under section 5 based upon the same
considerations upon which the Fire Chief may issue a permit.
Immediate Notification of Fire Department
9.
(1)
In the case of a fire for which a permit has been issued, the permit holder must
notify the fire department, brigade or service in and for the applicable fire
protection district if the fire is or appears to be getting out of control.
(2)
In the case of any other fire, the person who lit or otherwise started the fire, or
allowed the fire to start, must notify the fire department, brigade or service in and
for the applicable fire protection district if the fire is or appears to be getting out of
control.
Authority of Fire Chief
10.
(1)
The Fire Chief shall have control over the prevention and suppression of fires
governed by this Bylaw, and shall have the authority to extinguish or order
extinguished any fire which:
(a)
Poses a health or safety hazard to persons or property;
(b)
In the opinion of the Fire Chief is causing a nuisance; or
(c)
Does not comply with the provisions of this Bylaw.
(2)
The Fire Chief may enter upon any land, at any reasonably necessary time, for the
purpose of performing their duties and functions pursuant to this Bylaw.
Penalty
11.
Any person who contravenes any provision of this Bylaw is guilty of an offence
punishable on summary conviction by a fine of not less than $100 and not more than
$5,000 and to imprisonment of not more than 6 months in default of payment thereof.
12.
The Open Air Burning Bylaw is repealed upon the coming info force of this Bylaw.
Schedule "A"
TOWN OF TRURO
PERMIT TO BURN
PART I - PERMIT APPLICATION - TO BE COMPLETED BY PERMIT APPLICANT
Applicant:
Telephone:
Date:
Address:
Civic Address of Burn Site:
DESCRIPTION OF BURNING (purpose of burning, type of material to be burnt, expected duration of
burn)
As holder of this Permit, I assume all responsibility for complaints, damage to property, injury or death
resulting from the burning authorized by this Permit, and indemnify the Town of Truro and Truro Fire
Service for all claims against them related to such damage, injury or death. I am aware that an additional
Permit may be required to comply with the Forests Act. I understand and agree to comply with the terms
and conditions of the Bylaw and of this Permit. I agree and undertake to pay all expenses incurred by the
Town of Truro and Truro Fire Service in controlling or extinguishing any fire threatening to get or getting
beyond control or extending onto other property.
Signature of Permit applicant/holder
PART II - TO BE COMPLETED BY FIRE OFFICIAL
A. Permit Approval
Permit valid from:
Expires:
CONDITIONS OF BURNING:
Burning permitted between the hours of
and
.
Other conditions:
Pursuant to the Town of Truro Outdoor Fires Bylaw, permission is hereby granted to the above named to
burn material at the site and during the time period specified, subject to the conditions set forth in the
Bylaw and this Permit.
This Permit may be revoked at any time.
Date issued:
Signature of Fire Chief or
Designated Issuing Official
Fee collected:
(initials of issuing officer)
B. Permit refusal
This application for a Burning Permit is refused.
Date refused:
Signature of Fire Chief or
Designated Official
NOTE: The Fire Chief or other fire official, in issuing a permit, may specify conditions upon which the
permit is granted, including but not limited to:
(1)
The times and dates for which the permit shall be valid;
(2)
Location on the premises where the burning shall occur;
(3)
Special equipment required to be available during the burning;
(4)
The proposed manner and method of burning;
(5)
The number of piles which may be burnt at one time and the size of such piles; and
(6)
Any other matter the Fire Chief or other fire official determines relevant to the safety of persons
and protection of property, including forests.