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By-Law 2024-002
1
THE CORPORATION OF THE
TOWNSHIP OF BALDWIN
BY-LAW NO. 2024-002
BEING A BY-LAW TO REGULATE OPEN AIR BURNING IN THE
TOWNSHIP OF BALDWIN AND TO REQUIRE NOTIFICATION TO THE
BALDWIN TOWNSHIP FIRE DEPARTMENT FOR THE PURPOSE OF
THE CONTROL AND REGULATION OF OPEN AIR BURNING AND THE
SETTING OF CONTROLLED FIRES WITHIN THE BOUNDARIES OF
THE TOWNSHIP OF BALDWIN
WHEREAS Subsection 7.1(1) of the Fire Protection and Prevention Act, 1997, S.O.
1997, c. 4, as amended, allows the council of a municipality to 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 130 of the Municipal Act, 2001, S.O. 2001, c. 25, allows the
municipality to regulate matters related to the health, safety and well-being of the
inhabitants of the municipality;
AND WHEREAS the regulation of open-air burning is important for the health, safety
and well-being of the inhabitants of the municipality;
AND WHEREAS the Council of the Township of Baldwin deems it advisable to enact
such a By-law;
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF BALDWIN HEREBY
ENACTS AS FOLLOWS:
PART 1 - INTERPRETATION
Definitions
1. In this Bylaw,
"balcony" means a platform projecting from a wall of a multiple dwelling, surrounded
by a railing or balustrade;
"brush fire" means a fire set for the purposes of burning brush, grass, vegetation or
leaf type material only;
"burn permit" means a burn permit which is issued in accordance with this By law,
authorizing a brush fire;
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"burn barrel" means a steel container similar in construction to a 45 gallon drum and
with a volume no greater than that of 45 gallon drum;
"By-law Enforcement Officer'' means a person duly appointed by the Council of the
Township of Baldwin to enforce Township By-laws;
"campfire" means a fire intended for and used for the purposes of recreation cooking
or warmth only and for no other purpose;
"Township" means the Township of Baldwin;
"cooking device" means a non-combustible device designed for and used for the
cooking of food and fueled only by commercial charcoal, compressed gas or wood;
"dwelling unit" means a suite of one or more inter-connected habitable rooms
which:
(i)
is occupied and used in common by one or more persons as a single,
distinct, and self-contained housekeeping establishment; and
(ii)
contains cooking and toilet facilities for the exclusive common use of the
occupants thereof;
"fire" means a fire in the open air, whether or not the fire is contained within a device
or appliance;
"Fire Chief" means the Fire Chief of the Township of Baldwin and includes his or her
duly authorized designate;
"Fire Department Representative" means a member of the Baldwin Township Fire
Department;
"multiple dwelling" means a building containing two or more dwelling units, with or
without non-residential uses in the same building, and includes any such dwelling
wherein furnished dwelling unit accommodation is provided on a weekly or monthly
basis, but does not include a row dwelling;
"property" includes a building or structure or part of a building or structure, and
includes the lands appurtenant thereto and all mobile homes, mobile buildings or
mobile structures and vacant land;
"registered owner" includes the person who is shown as owner of a property in the
records of the Land Registry Office, a trustee acting on behalf of the registered owner,
the estate trustee of a registered owner, a person with a leasehold interest in the land
and an authorized representative of a corporate registered owner;
"row dwelling" means a building which contains two or more dwelling units divided
vertically from each other by common walls, which extend at least one story above
finished grade and having private independent entrances to each dwelling unit directly
from a yard, and
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"winter lake fire" means a daytime fire set for warmth or cooking on the frozen surface
of a lake in accordance with the terms of this By-law.
Short Title
2. This By-law shall be known as the "Open Air Burning By-law".
PART 2 - APPLICATION
Application
3. This by-law applies within the geographic limits of the Township of Baldwin.
Non-application
4. This By-law does not apply to a person who sets a fire:
(a)
in an incinerator operated in accordance with the Certificate of Approval
issued pursuant to the Environmental Protection Act, R.S.O. 1990, c. E.19
and regulations thereunder; or
(b)
in a device which has been installed outside of a building which meets each
of the following conditions:
(i)
the device is designed for and used as a source of heat or power for the
building or is designed for and used for a purpose ancillary to a
manufacturing process,
(ii)
the device is certified for use for a purpose described in paragraph 4(b)(i)
by a recognized agency mandated in part for that purpose;
(iii)
the certification of the device is produced upon request by a By-law
Enforcement Officer or the Fire Chief; and
(iv)
the device is in good working order.
Effect of Other Legislation
5.
(a)
Nothing in this By-law shall be deemed to authorize any fire, burning
or other act which is in contravention of the Environmental Protection Act,
R.S.O. 1990, c. E. 19, the Forest Fires Protection Act, R.S.O. 1990, c. F.24,
the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 or any other
federal or provincial statute, or any regulation made thereunder.
(b)
In the event of any conflict between the provisions of this By-law and any of the
said Acts or Regulations, the provisions of the said Act or Acts or the Regulations
thereunder shall govern.
(c)
In the event of any conflict between the provisions of this By-law and any other
municipal by-law, the provision that establishes a higher standard to protect the
health, safety and welfare of the general public shall prevail.
PART 3 - GENERAL PROHIBITIONS - PERMITTED FIRES
Prohibition - Setting Fires
6. Except as provided in Section 4, no person shall set a fire in the Township unless
the fire:
(a) has been approved by the Fire Chief or Fire Department Representative in
accordance with Section 7; or
(b) is a permitted fire; and is otherwise compliant with the requirements of this By-law.
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Fire Approved by the Fire Chief or Fire Department Representative
7.
(a)
For the purpose of this By-law, a training or demonstration fire is a fire which
is set in the Township for the purpose of demonstrating firefighting
equipment or as a training exercise.
(b)
On receipt and review of a written application, signed by the Applicant and
supported by written consent of the registered owner of the property on
which the fire is proposed to be set, the Fire Chief or Fire Department
Representative is authorized to refuse or to approve on conditions, for the
setting of:
(i)
a demonstration or training fire;
(ii)
a fire for ceremonial purposes; or
(iii)
a bonfire sponsored by an organization or group of persons.
(d)
The Fire Chief or Fire Department Representative shall provide his or her
decision with a signature on "Schedule A" of this by-law and shall include:
(i)
the particulars of the fire which is to be set;
(ii)
the location at which the fire can be set;
(iii)
the size of the fire which is to be set;
(iv)
the day and time at which the fire is authorized to be set;
(v)
the person authorized to set the fire;
(vi)
in the case of a demonstration or training fire, the requirement that the fire
be set in the presence of such members of the Township's Fire Services
and such equipment as may be reasonably necessary to be able to control
and extinguish the demonstration or training fire;
(vii)
the right of the Fire Services to inspect the site of the fire; and
(viii)
any restrictions, regulations, or conditions to which the consent is subject.
(e)
No person shall set a demonstration or training fire, a fire for ceremonial
purposes or a bonfire sponsored by an organization or group of persons
unless "Schedule A" is completed and approved, and all the following
conditions are met:
(i)
the person has the prior approval of the Fire Chief to set the fire;
(ii)
the fire is set and maintained in accordance with "Schedule A"; and
(iii)
the person does not leave the site of the fire until the fire is fully
extinguished.
Permitted Fires
8. For the purposes of this By-law, a permitted fire
(a)
is a fire set in a burn barrel and otherwise in accordance with Section 13;
(b)
is a campfire and otherwise in accordance with Section 14;
(c)
is a fire set in a cooking device and otherwise in accordance with Section
15;
(d)
is a fire set in a chiminea and otherwise in accordance with Section 16;
(e)
is a fire set in a portable device and otherwise in accordance with Section
17;
(f)
is a brush fire, authorized by a burn permit and otherwise in accordance
with Section 18;
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(g)
is a winter lake fire, in accordance with Sections 10, 11, 12 and 20.
Consent of Registered Owner
9.
(a)
No person shall set or maintain a permitted fire on any property in the
Township unless:
(i)
the person setting or maintaining the fire is the registered owner of the
property on which the fire is set;
(ii)
at least one registered owner of the property or his or her authorized
designate is present at the site of the fire from the time fire is set until the
fire is fully extinguished; or
(iii)
the person setting or maintaining the fire has the written consent of at least
one registered owner of the property on which the fire is set, to the setting
of a fire of that type on the property.
(b)
No person shall authorize or permit a person to set or maintain a fire on his
or her property unless such person is a responsible person and can control
the fire and prevent its spread.
(c)
No person, having the written consent of a registered owner to setting a
permitted fire on the property of the registered owner, shall fail to:
(i)
keep the written consent and copy of "Schedule A" at the location of the fire;
or
(ii)
produce the written consent upon request by a By-law Enforcement Officer
or the Fire Chief.
Person in Charge
10.
(a)
No person having started a permitted fire, and, if the person who started the
permitted fire is not present, no person in charge of a fire, shall fail to take
all necessary steps to control the fire, prevent its spread and fully extinguish
the fire before leaving the site.
(b)
No person, having set a permitted fire, or being left in charge of a permitted
fire, shall leave another person in charge of the fire unless such person is a
responsible person, able to control the fire and comply with the
requirements of this By-law.
Prohibited Materials for Burning
11. No person shall burn or permit to burn any of the below listed materials in a
permitted fire in the Township;
(a)
kitchen garbage;
(b)
construction material;
(c)
materials made of or containing rubber;
(d)
plastic;
(e)
non-organic materials
(f)
tar; or
(g)
wet material
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Prohibited Conditions
12. No person shall set or maintain a permitted fire in the Township in a location or in
conditions likely to cause or result in:
(a)
a decrease in visibility on any highway or roadway from smoke;
(b)
inconvenience or irritation to others from smoke or fumes;
(c)
the spread of the fire due to grass or other vegetation, proximity of any
combustible material or other reason;
(d)
a spread of fire through adjacent grass, brush, or forested area; or
(e)
the endangerment of his or her own property or the endangerment of
property of any other person.
PART 4- PROHIBITIONS - SPECIFIC TYPES OF PERMITTED FIRES
Fire in a Burn Barrel
13. No person shall set a fire in a burn barrel unless such person ensures all the
following conditions are met:
(a)
the burn barrel:
(i)
is in good condition;
(ii)
is situated securely on level ground;
(iii)
is located at least 10 metres from any building or structure; and
(iv)
is located at least 10 metres from any forest or woodland;
(b)
the person burns only grass, leaves, brush, wood, or wood by-products in
the burn barrel.
Campfire
14.
(a)
No person shall set or maintain a campfire unless the person ensures all
the following conditions are met:
(i)
the campfire fire is contained within an area completely surrounded by a
non-combustible barrier of metal, masonry, ceramic or stone or is contained
within a pit in the ground;
(ii)
the campfire is located at least: 10 metres from any structure; and 10 metres
from any forest or woodland;
(b)
the person tending the campfire has tools or water adequate to contain the
fire within the campfire area; and
(c)
in the case of a campfire set in a location which is not within an approved
campground, the person sets and maintains the campfire only during the
time falling between one hour before sunset and one hour after sunrise of
the next following day.
(d)
For the purposes of this Section, an approved campground is a provincial
park, or a tourist camp or trailer camp which has been duly licenced by the
Township of Baldwin.
Fire in a Cooking Device
15. No person shall set or maintain a fire in a cooking device unless he or she ensures
all the following conditions are met:
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7
(a)
the cooking device:
(i)
is not located on a balcony;
(ii)
is not located on a combustible surface;
(iii)
is located at least 1 metre from any structure; and
(iv)
is in good working order;
(b)
the fire in the cooking device is no larger than reasonably necessary to cook
the food;
(c)
the fire is contained within the cooking device; and
(d)
the person burns only commercial charcoal, compressed gas, or wood in
the cooking device, as is appropriate for that cooking device.
Fire in a Chiminea
16. No person shall set a fire in a chiminea unless he or she ensures all the following
conditions are met:
(a)
the chiminea:
(i)
is not located on a balcony;
(ii)
is not located on any combustible surface;
(iii)
is in good working order; and
(iv)
is located at least 6 metres from any structure;
(b)
all openings in the chiminea are completely covered by metal wire mesh;
(c)
the fire is confined to the chiminea; and
(d)
the person burns only clean dry wood or charcoal in the chiminea.
Heating during Construction
17. No person may set or maintain a fire in a portable appliance during a construction
or maintenance process unless he or she ensures the following conditions are met:
(a)
the portable appliance is designed for the heating of a material during a
construction or maintenance process;
(b)
the portable appliance is used only for the heating of a material during a
construction or maintenance process;
(c)
the portable appliance is used in accordance with manufacturer's
instructions; and
(d)
the portable appliance is in good working order.
Brush Fire - Permit
18.
(a)
No person shall set or maintain a brush fire without a valid burn permit
issued in accordance with this By-law.
(b)
the fire is not set or maintained except during the period between November
1st to April 30th of the following year;
(c)
No person holding a valid burn permit for a brush fire shall set or maintain
a brush fire unless he or she ensures:
(i)
wind gusts are below 5km an hour;
(ii)
foggy conditions are at a minimum;
(iii)
light material such as leaves that could fly away while on fire, are covered
by heavier material or held down by wire mesh;
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(iv)
the fire is always tended to by an adult (19 plus);
(v)
the fire is set and maintained at a distance of no less than 10 metres or such
greater distance as may be specified in the burn permit, from:
(vi)
the nearest building, dry grass, trees, or other combustible structure; and
(vii)
any overhead wires;
(d)
the fire is not ignited prior to 1 hour after sunrise or later than 1 hour prior to
sunset;
(e)
he or she has the necessary means immediately available at the site of the
fire to permit him or her:
(i)
to extinguish the fire;
(ii)
to limit its spread; and
(iii)
if necessary, to summon the Township fire department; and
(f)
the fire is compliant with all conditions and restrictions imposed by the burn
permit or imposed as a result of a Fire Prevention inspection conducted by
the Fire Chief or Fire Department Representative.
Winter Lake Fire
19. No person shall set or maintain a winter lake fire unless the person ensures all the
following conditions are met:
(a)
the fire is not ignited prior to 1 hour after sunrise or later than 1 hour prior to
sunset;
(b)
the fire is not set or maintained except during the period between November
1st to April 30th of the following year, inclusive;
(c)
the fire is located on the frozen surface of a lake;
(d)
the fire is in a container that prevents debris from contaminating the lake,
and
(e)
the fire is located at least:
(i)
10 metres from any structure; and
(ii)
10 metres from any forest or woodland.
PART 5- BURN PERMITS
Issuer of Permits
20. The Fire Chief or Fire Department Representative is authorized to issue burn
permits for brush fires.
Application for Burn Permit
21.
(a)
Any person in the Township who wishes to obtain a burn permit for a brush
fire shall fill out "Schedule A" and return to the Township office three full
working days prior to the day or earliest day on which the applicant wishes
to set the fire.
(b)
For the purposes of this Section 'working day' shall mean a day that the
Township office at 11 Spooner Street is open for business.
(c)
The applicant for a burn permit shall submit an application in the form
established by the Fire Chief from time to time and signed by the applicant.
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(d)
The applicant for a burn permit shall provide in full at the time the application
is submitted all of the information and such other documentation or
materials as may be requested on the application form.
Issuing a Burn Permit
22.
(a)
The Fire Chief or Fire Department Representative shall review the
application for a burn permit and the documentation or materials filed with
the application, and shall:
(i)
approve the application and issue the burn permit to the applicant;
(ii)
conditionally approve the application subject to such restrictions,
regulations or conditions as the Fire Chief or Fire Department
Representative in his or her sole discretion considers advisable; or
(iii)
refuse to approve the application.
(b)
Where the Fire Chief or Fire Department Representative refuses an
application for a burn permit, he or she shall advise the applicant in writing
that the application has been refused, by way of written notice served
personally or mailed to the applicant at the address shown on the
application.
(c)
Before issuing a burn permit, the Fire Chief or Fire Department
Representative shall record on the face of the burn permit:
(i)
the name of the applicant authorized to set the fire;
(ii)
the expiry date of the burn permit (2 weeks from proposed burn date);
(iii)
any restrictions on the hours during which the fire may be set or maintained;
(iv)
the municipal address of the property at which the fire may be set and if
there is no municipal address for the property, a description for the purposes
of identifying the property at which the fire may be set;
(v)
whether the fire authorized by the burn permit is a brush fire;
(vi)
the restrictions, regulations, or conditions to which that burn permit is
subject; and
(vii)
a statement that the burn permit is conditional upon compliance with the
terms set out in the burn permit, this By-law, and applicable legislation.
(d)
The Fire Chief or Fire Department Representative shall issue a burn permit
by signing it and releasing it to the applicant.
Burn Permit
23.
(a)
Any burn permit issued under this By-law is personal to the permit holder
and shall not be transferred or assigned.
(b)
A burn permit shall be valid only for the period for which it was issued and
shall expire on the date or in the manner specified in the burn permit.
Permit Holder
24.
(a)
No person holding a burn permit shall set or maintain a fire under the
authority of the burn permit, except in accordance with the terms and
conditions of the burn permit and this By-law.
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(b)
The holder of a burn permit shall keep the burn permit at the site of the fire
authorized by the burn permit.
(c)
The holder of the burn permit shall produce the burn permit for examination
upon request by the Fire Chief or a By-law Enforcement Officer.
Revocation of Permit
25.
(a)
The Fire Chief may, at any time, in his or her sole discretion, revoke any
burn permit if he or she reasonably believes that:
(i)
any of the information in the application or supporting documentation or
materials is not accurate;
(ii)
a term or condition of the burn permit is not being observed;
(iii)
the fire will not be or is not being conducted in a fashion which observes all
reasonable safety precautions or is otherwise a risk to person or property;
or
(iv)
there are any other grounds to terminate the burn permit which the Fire
Chief in his or her sole discretion considers sufficient in the circumstances.
(b)
Every burn permit shall be automatically revoked without further action by
the Fire Chief in the event that:
(i)
a restricted fire zone is declared under the Forest Fire Prevention Act,
R.S.O. 1990, c. F.24, which affects the Township; or
(ii)
the Fire Chief declares a fire ban in the Township or the part of the Township
to which the burn permit applies, pursuant to the Fire Protection and
Prevention Act, 1997, S.O. 1997, c. 4.
(c) Any person who holds a bum permit which has been revoked, shall surrender the
same to the Fire Chief or a By-law Enforcement Officer upon request.
PART 6 - ENFORCEMENT AND RECOVERY OF COSTS
Enforcement - Limitation
26. No person shall obstruct, hinder or in any way interfere with any person designated
to enforce this By-law.
Right of Entry
27. Upon producing proper identification, a By-law Enforcement Officer or the Fire
Chief may, at all reasonable times enter upon and inspect any property to determine
if there is a contravention of this By-law and to enforce or carry into effect the By-law.
Extinguishing any Fire
28.
(a)
The Fire Chief may direct a person to extinguish any fire where, in his or
her opinion, there is a contravention of this By-law.
(b)
Where the action taken by such person in extinguishing any such fire
pursuant to 29(a) is, in the opinion of the Fire Chief not adequate, the Fire
Chief may take such action as he or she considers necessary to control and
extinguish the fire.
Cost of Action re Fire
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29.
(a)
Any costs and expenses of any action by the Township with respect to
controlling or extinguishing a fire that is caused by or results from the
conduct of a person acting contrary to this By-law or is caused by or results
from a person disobeying or refusing or neglecting to carry out any of the
provisions of this By-law, are payable by that person to the Township on the
date specified in the request for payment and if not paid on the date
specified, such costs and expenses together with costs of collection,
including legal fees and disbursements, are recoverable as a debt due to
the Township by any remedy or procedure available to the Township by law.
(b)
In the event that the Township has paid or is liable to pay the Crown in right
of Ontario, represented by the Minister of Natural Resources or any other
body for costs and expenses incurred by that body for controlling or
extinguishing a fire that is caused by or results from the conduct of a person
acting contrary to this By-law or that is caused by or results from a person
disobeying or refusing or neglecting to carry out, any of the provisions of
this By-law, such cost and expenses are payable by that person to the
Township on the date specified in the request for payment and if not paid,
such costs and expenses together with costs of collection, including legal
fees and disbursements, are recoverable as a debt due to the Township by
any remedy or procedure available to the Township bylaw.
Civil Action
30. Nothing in this By-law affects or shall be held to limit or interfere with the right of
any person to bring and maintain a civil action for damages occasioned by fire.
Offence
31. Every person who contravenes any of the provisions of this By-law or fails to
comply with a direction to extinguish a fire as set out herein is guilty of an offence and
on conviction is liable to a fine as provided in the Provincial Offences Act, R.S.O. 1990,
c. P.33 as amended.
Severability
32. Should a court of competent jurisdiction declare a part or whole of any provision of
this By-law to be invalid or of no force and effect, the provision or part is deemed
severable from this By-law and it is the intention of Council that the remainder survive
and be applied and enforced in accordance with its terms to the extent possible under
law.
Repeal
33. By-law 672 2006 to Prescribe times for setting fires and precautions is hereby
repealed.
Effective
34. This By-law shall come into effect and take force immediately upon final passage.
Read a first, second and third time this 12th day of February, 2023.
____________________________ ____________________________
MAYOR
CLERK
By-Law 2024-002
12
SCHEDULE "A"
BURN PERMIT APPLICATION
Full Name:
_________________________________________________________
Address:
_________________________________________________________
Phone:
_________________________________________________________
Email:
_________________________________________________________
Indicate if you are the property owner or tenant:
OWNER
TENANT
If you are a tenant, it is your responsibility to ensure you receive written
permission from the registered property owner to burn on the property or the
permit will not be valid.
To set fire on the following described lands
__________________________________ for the purpose of
______________________________________________________ during the
period of _____________________________________________________
Subject to the following conditions:
The permittee shall be responsible for all fires authorized by this permit.
1- The permittee shall take the following precautions to prevent escape of
fires authorized by this permit:
a) No burning to be done during windy periods of 5km or more.
b) Light material such as leaves that could fly away while on fire, must be
covered by heavier material or held down by wire mesh.
c) No burning to be done within 10m of dry grass, buildings, trees, or other
flammable materials.
d) Fires must always be attended and safe guarded while burning by at
least one adult (19 plus).
e) A charged hose and a shovel are required at the fire site.
f) Burning of non-organic materials is strictly prohibited.
g) Is responsible to immediately contact the Fire Department should the
fire threaten to, or does escape, by calling 911.
h) Fires shall not be ignited prior to 1 hour after sunrise or later than 1
hour prior to sunset.
i) Fire shall not be ignited during periods of fog.
2- The permittee shall extinguish all fires completely on or before the expiry
date of this permit; or shall extinguish them forthwith upon suspension or
cancellation of this permit; or when instructed to do so by the Fire Chief or
their representative. If the burn is delayed for any such reason, the permit
must be updated to reflect so.
3- It is the responsibility of any person igniting, permitting, or maintaining an
open fire to check the Fire Danger Rating, before igniting the fire and
regularly thereafter.
Fire Chief/Fire Department Representative additonal instructions to be followed
while burning:
________________________________________________________________
________________________________________________________________
________________________________________________________________
By-Law 2024-002
13
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
___________________________
___________________________
Signature of Applicant
Date
___________________________
___________________________
Signature of Fire Chief / Representative
Date