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6974-19--Recreational-Open-Air-Burning-By-Law-AODA.pdf"
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---
The Corporation of the
Town of Arnprior
By-law No. 6974-19 (as amended by By-Law No. 7411-23)
Being a By-Law to regulate 'Recreational Open-air Burning' and Precautions to be taken
by the Property Owner in the Town of Arnprior.
Whereas subsection 11(2) of the Municipal Act 2001, c. 25, as amended, authorizes the
municipality to pass by-laws respecting the health, safety and well-being of persons;
and
Whereas subsection 7.1 of the Fire Protection and Prevention Act, 1997, c. 4, as
amended, provides that a council of a municipality may pass by-laws regulating the
setting of open air fires, including establishing the times during which open air fires may
be set; and
Whereas Section 2.6.3.4 of the Ontario Fire Code provides for the prohibition of open
air burning unless approved or unless such open air burning consists of a small
confined fire, supervised at all times and used to cook food on a grill or barbecue;
Now Therefore the Council of the Corporation of the Town of Arnprior enacts as follows:
1.0 Definitions:
In this By-law:
"Barbecue" shall mean a commercially manufactured portable or fixed device,
including a hibachi or a permanent structure designed to meet all applicable standards
and intended solely for the cooking of food in the open air, but does not include devices
designed for personal warmth.
"Chief Fire Official" shall mean the Fire Chief of The Corporation of the Town of Arnprior or
his/her designate.
"Dangerous Conditions" shall mean:
(a) A lack of precipitation, which, in the opinion of the Chief Fire Official,
increases the risk of the spread of fire;
(b) Winds, which in the opinion of the Chief Fire Official, increase the risk of
spark of fire; or
(c) Any other condition declared by the Chief Fire Official to be a dangerous
condition, from time to time, which increases the risk of the spread of fire.
"Outdoor Fire Structure" shall mean a manufactured non-combustible enclosed
container designed to hold a small fire for decorative purposes, and may include, but
not limited to, chimineas, masonry constructed fireplaces or other appliances equipped
with a spark arrestor.
"Permit Holder" shall mean any adult (18 years of age) who Is a land owner, tenant,
lessee, individual, association, firm, partnership, corporation, agent or trustee and their
heirs, executor or the legal representative of a person that has been granted a permit
for Recreational Fires. In the case of a tenant, written permission from the owner /
landlord to obtain a permit may be required at the discretion of the Chief Fire Official.
"Person" shall mean any individual, association, firm, partnership, corporation, agent or
trustee and their heirs, executors or other legal representative of a person.
"Propane or Natural Gas Fired Outdoor Fireplace" shall mean only commercially
manufactured CSA approved appliances designed for outdoor use as a fireplace and
using commercial fuels such as natural gas and propane.
"Recreational Fire Pit" shall mean a non-combustible pit dug or built on or within the
ground no larger than 1 meter (39') in width and 460 millimeters high (18" height)
equipped with a spark arrestor.
"Recreational Open Air Fire" shall mean an open air fire that does not exceed one
meter (1 m or 39") in width and 460 millimeters high (18" in height) that is set and
maintained solely for the purposes of cooking food, providing warmth and recreational
enjoyment.
"Unauthorized Burning" shall mean burning outside of the regulations of this By-Law
and includes outdoor burning without a permit and shall be subject to penalties.
2.0 Barbecues
Approval is not required from the Municipality or Chief Fire Official for the use of a
barbecue to cook food. Barbecues being used to cook food shall be attended, controlled
and supervised at all times.
2.1 Approved Fuels
The only approved fuels for use in barbecues are commercially produced charcoal,
briquettes or other commercial fuels such as natural gas and propane gas that are
intended for the purposes of cooking.
3.0 Recreational Fires -- Regulation
All persons who set/maintain an open air fire for recreational purposes shall comply with
the following regulations:
(a)
Recreational Open Air Burning fires are not permitted on any Municipal
Property including parkland or on any privately owned property unless a
permit to have such fire has been applied for and approved by the Chief
Fire Official. Barbecuing is permitted provided fuels are exclusively
restricted to propane for use in a commercially manufactured barbecue
transported and stored in approved equipment conforming to Ontario
Regulation 211/01 Propane Storage and Handling made under the
Technical Standards and Safety Act, 2000.
2.0 Barbecues
(a) Recreational Open Air Burning fires are not permitted in Municipal Parks or on any municipally
owned property unless a special occasion permit to have such fire has been applied
for and approved by the Chief Fire Official. Barbecuing is permitted provided fuels are exclusively
restricted to propane for use in a commercially manufactured barbecue transported
and stored in approved equipment conforming to Ontario Regulation 211/01 Propane
Storage and Handling made under the Technical Standards and Safety Act, 2000.
(b)
The Permit Holder shall ensure that the Recreational Open Air fire is safe
and does not cause a wildfire. The Permit Holder shall remain liable for
any and all damage caused as a result of the fire.
(c)
No person shall set or maintain a recreational fire except between the
hours of 6:00 a.m. and 11:00 p.m.
(d)
No person shall burn materials other than commercially produced
charcoal, briquettes or clean, dry seasoned wood free of chemicals, glue,
paint or stain.
(e)
Recreational fires shall be confined to commercial, non-combustible
containers or to a pit no larger than 1 meter (39") in Width and 460
millimeters high (18" height).
(f)
The dimensions of the fuel being burnt shall not be greater than the size of
the container or fire pit and shall be totally confined within the container or
pit at all times.
(g)
A recreational open air fire shall be confined to an area that is a minimum
of four (4) meters from combustible structures or objects.
(h)
An effective extinguishing agent of sufficient size and with the capability of
extinguishing the fire shall be at the site of the burning and be immediately
available for use.
(i)
Recreational open air fire shall be attended, controlled and supervised at
all times and shall be completely extinguished before the fire is left
unattended.
4.0 Exceptions
4.1 Municipal Exemption
The Town of Arnprior shall be exempt from the provisions of this By-law with respect to
open air burning set for the purposes of educating or training individuals.
4.2 Gas Fired Outdoor Fireplaces
CSA Approved Natural Gas or Propane fueled outdoor fireplaces are exempt only if all
regulations for fire safety included within this by-law are adhered to.
5.0 Issuance of Permit
5.1 Permit - Inspection
At the sole discretion of The Chief Fire Official, a site inspection of the proposed burn
location for a 'Recreational Open Air Fire" may be undertaken. This inspection may
include a drawing or require pictures to be taken prior to issuing a permit.
(c) No person shall set or maintain a recreational fire except between the hours of 6:00
a.m. and 11:00 p.m.
5.2 Permit Fees
The fee for the issuance of a "Recreational Open Air Burning Permit' will be as set by
Council through the Fees and Charges By-law, which may be reviewed and changed
from time to time. Currently there is no fee.
5.3 Permit Withdrawal or Ban
The Chief Fire Official may withdraw a previously issued permit or ban recreational
burning. In the event of any Permit withdrawn or Fire Ban, all persons shall immediately
extinguish any existing Recreational fires. In the case of a permit withdrawal or a fire
ban there shall be no refund of permit fees if there were fees applicable at time of permit
issuance.
6.0 Offences and Penalties
6.1 Penalties
Any fine imposed or offence created by this by-law is subject to the provisions of the
Provincial Offences Act, as amended.
6.2 Offences
Any person who contravenes any provisions of this by-law is guilty of an offence and is
liable to the fine or penalties set in Schedule "A" of this by-law and section 61 of the
Provincial Offences Act, R.8.0. 1990, c. P.33
7.0 Short Title
This By-law may be cited for all purposes as the Recreational Open Air Burning Bylaw.
8.0 Enactment
8.1 Repeal
That By-law No. 3058-78 and any other by-laws and/or resolutions or parts of by-laws
and/or resolutions are hereby repealed.
8.2 Enactment
That this By-law shall come into full force and effect on the day of its passing.
Enacted and l^ssed this 24'"^ day of June, 2019
Walter Stack, Mayor
Maureen Spratt, Clerk
TOWN OF ARNPRIOR
PART 1 PROVINCIAL OFFENCES ACT
Recreational Open Air Burning By-law No. 6xxx-19
Item*
Column 1
Short Form Wording
Column 2
Provision creating
or defining offence
Column 3
Set Fine
1.
Burning Without a Permit
Section 3. (a)
$75.
2.
Unsafe Burning
Section 3. b)
$75.
3.
Burning Outside Permitted
Times
Section 3. (c)
$75.
4.
Burning Unapproved Materials
Section 3. (d)
$75.
5.
Burning in an Unapproved
Container
Section 3. (e)
$75.
6.
Fire Larger than Approved
Section 3. (f)
$75.
7.
Burning within 4m of a
Structure / Object
Section 3. (g)
$75.
9.
Failure to have Effective
Extinguisher Agent on Site
Section 3. (h)
$75.
10.
Failure to Attend, Control,
Supervise Fire
Section 3. (i)
$75.
11.
Failure to Extinguish a Fire
Section 3. (i)
$75.
*Note:
The general penalty provision for the offences indicated above is Section
3.0 of By-law No. 6xxx-19, a certified copy of which has been filed.
Item*
Column 1 Short Form Wording
Column 2 Provision creating or
defining offence
Column 3 Set Fine
1.
Burning Without a Permit
Section 3. (a)
$75.
2.
Unsafe Burning
Section 3. b)
$75.
3.
Burning Outside Permitted
Section 3. (c)
$75.
4.
Burning Unapproved Materials
Section 3. (d)
$75.
5.
Burning in an Unapproved Container
Section 3. (e)
$75.
6.
Fire Larger than Approved
Section 3. (f)
$75.
7.
Burning within 4m of a Structure / Object
Section 3. (g)
$75.
9.
Extinguisher Agent on Site
Section 3. (h)
$75.
10.
Failure to Attend Supervise Fire Control, Supervise
fire
Section 3. (i)
$75.
11.
Failure to Extinguish a Fire
Section 3. (i)
$75.