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By-law 2007-210
A By-law of The Corporation of the City of
Barrie to regulate Outdoor Solid Fuel
Burning Appliances.
Disclaimer:
The following consolidation is an electronic reproduction made available
for information only. It is not an official version of the By-law. The format
may be different, and plans, pictures, other graphics or text may be
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Official versions of all By-laws can be obtained from the City Clerk's Office
by calling (705) 739-4204.
This By-law printed under and by
the authority of the Council of the
City of Barrie
By-law 2007-210
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Outdoor Solid Fuel Burning Appliances
Bill No. 226
BY- LAW NUMBER 2007-210
A By-law of The Corporation of the City of Barrie to regulate
Outdoor Solid Fuel Burning Appliances.
WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, Section 7.1(1)
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 by motion 07-G-469, the Council of The Corporation of the City of
Barrie deems it expedient to regulate the setting of fires in Outdoor Solid Fuel Burning
Appliances;
NOW THEREFORE the Council of the Corporation of the City of Barrie enacts as follows:
1.0.0
TITLE:
1.1.0
This By-law shall be cited as the "Outdoor Solid Fuel Burning Appliance By-law".
2.0.0
DEFINITIONS:
2.1.0
For the purpose of this by-law:
2.1.1
Agricultural Waste - shall mean but is not limited to any animal fecal deposits, manure
or animal carcasses.
2.1.2
Assistants to the Fire Marshal - are responsible for carrying out the provisions of the
Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 and include the Fire Chief, Fire
Prevention Officers and every person designated by the Ontario Fire Marshal.
2.1.3
Barbecue - shall mean but is not limited to a portable appliance or grill intended for
cooking food above an open air fire.
2.1.4
Bio-medical waste - shall mean any solid waste generated in the diagnosis, treatment,
or immunization of human beings or animals, in research pertaining thereto, or in the
production or testing of biologicals
2.1.5
City - means the Corporation of the City of Barrie.
2.1.6
Combustible Waste - shall mean but is not limited to used vehicle parts, tires, oil
grease, paint, cloth, rags, plastics, kitchen waste, food, scraps or other materials which
contents include the aforementioned.
2.1.7
Fire Chief - means the Fire Chief of the Barrie Fire and Emergency Service , as
appointed by Council, from time to time, or his designate.
2.1.8
Forests - means growth of trees, plants and underbrush.
2.1.9
Highway - means and includes a common and public highway, street, roadway, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended for, or
used by the general public.
2.1.10 Hazardous Waste - means solid waste or combination of solid wastes that, because of
quantity, concentration or physical, chemical or infectious characteristics, may cause or
significantly contribute to an increase in mortality or an increase in serious, irreversible, or
incapacitating reversible illness or pose a substantial hazard to human health or the
environment when improperly treated, stored, transported, disposed, or otherwise
managed.
2.1.11 Household Waste -means any solid waste (including garbage, trash, and sanitary waste
in septic tanks) derived from households (including single and multiple residences, hotels
and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds,
and day-use recreation areas).
2.1.12 Human Waste - means the body wastes of human beings
By-law 2007-210
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Outdoor Solid Fuel Burning Appliances
2
2.1.13 Organic Waste - means material which comes mainly from animal or plant sources that
are readily biodegradable, or easily breakdown with the assistance of micro-organisms.
2.1.14 Outdoor Solid Fuel Burning Appliance (OSFBA) - shall mean an appliance, portable
or fixed in place, constructed of non-combustible materials, which contains a chamber
located within the firebox of the appliance used to contain a combustion flame, a stack to
control the flow of air or combustion gases from the appliance, a spark arrester located at
the end of the stack to control disbursement of sparks, and is enclosed on all sides to
arrest sparks.
2.1.15 Outdoor Solid Fuel Burning Appliance Permit (OSFBA Permit) - means a permit
issued by the Barrie Fire and emergency Service authorizing a OSFBA.
2.1.16 Shall - is mandatory and not directory; words in singular include plural, words in the
plural include the singular; words in the present tense include future or past tense.
2.1.17 Woodland - means treed areas that provide environmental and economic benefits such
as erosion prevention, water retention, provisions of habitat and recreation. Woodland
includes treed areas or forested areas.
2.1.18 Yard Waste - includes but is not limited to leaves, brush, grass and vegetation clippings,
peat moss and other material which contents include the aforementioned.
3.0.0
SETTING OF FIRE IN AN OSFBA
3.1.0
No person using a OSFBA shall:
3.1.1
set a fire, or permit a fire burn without a permit;
3.1.2
set a fire, or permit a fire to burn between the hours of 12:01 a.m. and 8:00 a.m.;
3.1.3
set a fire, or permit a fire to burn where the flames are not contained within the OSFBA;
3.1.4
set a fire, or permit a fire to burn so as to decrease the visibility on any highway so as to
cause, or potentially cause an accident;
3.1.5
set a fire, or permit a fire to burn so as to cause damage to any person or structure;
3.1.6
set a fire, or permit a fire to burn in or on a highway, park, walkway, public land, or upon
any vacant or other land owned by the City, without first having obtained permission to do
so from the property owner;
3.1.7
create an odour by the setting of a fire, or the burning of a fire, which causes discomfort
to any person residing in the area;
3.1.8
set a fire or permit a fire to burn when rain or fog is present;
3.1.9
set a fire or permit a fire to burn when the wind speed is in excess of 20 km/h;
3.1.10 set a fire or permit a fire to burn without first having confirmed that the materials to be
burned meet the requirements of the Environmental Protection Act;
3.1.11 burn combustible waste materials, petroleum products, organic waste, bio-medical waste,
household waste, human waste, hazardous waste, demolition debris, known carcinogens
or any other item or material which will cause excessive smoke or fumes;
3.1.12 burn any yard waste;
3.1.13 burn any agricultural waste;
3.1.14 set a fire, or permit a fire to burn on land of which the person setting such fire, or
permitting such fire, is not the registered owner, without written permission of the
registered owner, such permission which shall be evidenced by the signature of the
registered owner of the land on the application for the OSFBA permit required pursuant to
this by-law; or,
3.1.15 having set a fire, or permitted a fire to burn without an OSFBA permit, fail to immediately
extinguish such fire upon the request of a Municipal Law Enforcement Officer, Police
Officer or other duly appointed individual;
3.2.0
Where a OSFBA permit has been issued pursuant to this by-law, the person to whom the
OSFBA permit has been issued, and the person responsible for the supervision of the
fire, shall:
By-law 2007-210
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Outdoor Solid Fuel Burning Appliances
3
3.2.1
ensure that no danger is done to any property or injury caused to any person while
setting a fire or permitting a fire to burn, and shall otherwise jointly and severally be
responsible for any damage or injury to persons or property as a result of setting the fire;
3.2.2
ensure that the fire is kept at a minimum;
4 metres from any dwelling or structure,
2 metres from any combustible materials around the OSFBA,
5 metres from any forest or woodland,
3 metres from any overhanging vegetation.
3.2.3
ensure the area directly under the OSFBA is non-combustible material extending at least
0.5 metres in all directions around the base of the OSFBA;
3.2.4
ensure the fire is attended at all times by a responsible person at least 18 years of age
and shall ensure that such person attends to such fire until the fire is completely
extinguished;
3.2.5
ensure that sufficient equipment and resources are available at the burn site to properly
control the fire and for ensuring that the fire is completely extinguished as may be
required by a Municipal Law Enforcement Officer, Police Officer, or other duly appointed
individual or otherwise at the end of the burn; and,
3.2.6
ensure that the fire is completely extinguished before leaving the burn site; and, the
ashes and coals produced through combustion are safely disposed of.
3.3.0
Every person using an OSFBA shall:
3.3.1
read and follow manufacturer's instructions for assembly, installation, use and care; and,
3.3.2
inspect the OSFBA regularly and discontinue use of the OSFBA if physical deterioration
appears.
4.0.0
OSFBA CONSTRUCTION:
4.1.0
Every person using an OSFBA shall ensure it is:
4.1.1
designed to use solid fuel;
4.1.2
made entirely of non-combustible materials;
4.1.3
is enclosed on all sides; and,
4.1.4
has spark arresting devices for all vents and chimneys.
5.0.0
OSFBA PERMITS:
5.1.0
Any person may make application in writing or in person to the Fire Chief for an OSFBA
Permit to authorize the setting and burning of a fire within the City, in accordance with the
provisions of this By-law.
5.2.0
Where the applicant is not the owner of the land on which the OSFBA is located, the
applicant shall together with his application and at the time of application, provide written
approval of the property owner for an OSFBA Permit to be issued.
5.3.0
be accompanied by payment of the required fee in accordance with the City of Barrie
Fee's By-law as amended from time to time.
5.4.0
OSFBA Permits are non-transferable to other persons or other addresses.
6.0.0
BURN BANS:
6.1.0
Notwithstanding the provisions of this By-law, the Fire Chief may institute a burn ban at
any time, as may be deemed necessary to protect the natural environment, and no
person shall be entitled to burn in an OSFBA during a burn ban.
6.2.0
No person shall set a fire or allow a fire to burn at any time during a burn ban.
7.0.0
SCOPE:
7.1.0
This By-law shall apply to all land within the geographic limits of the City of Barrie and to
the setting of fires in an OSFBA on any such land.
By-law 2007-210
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Outdoor Solid Fuel Burning Appliances
4
8.0.0
ENFORCEMENT:
8.1.0
A Municipal Law Enforcement Officer, Police Officer, Peace Officer or other duly
appointed individual shall enforce the provisions of this By-law.
8.2.0
A Barrie Fire and Emergency Service Officer or and Assistant to the Fire Marshal may
suspend or cancel an OSFBA Permit and may give notice of the suspension or
cancellation to the permittee or, in the absence of the permittee, to the person tending to
the fire for which the OFSBA Permit was issued.
8.3.0
A permittee or a person tending a fire who receives notice of a suspension or cancellation
of an OSFBA Permit shall immediately extinguish any fire started under the permit and
shall not set a fire or permit a fire to burn until the cancellation or suspension has been
lifted.
9.0.0
SEVERABILITY:
9.1.0
Should any section of this By-law be declared by a court of competent jurisdiction to be
ultra vires or illegal for any reason, the remaining parts shall nevertheless remain valid
and binding, and shall be read as if the offending section or part had been struck out.
10.0.0 PENALTY:
10.1.0 Every person who contravenes any provision of the By-law is guilty of an offence and
liable on conviction to a penalty not exceeding $5,000, exclusive of costs and the
provisions of the Provincial Offences Act, R.S.O. 1990, c. P. 33 as amended, shall apply
to the said fine.
11.0.0 ENACTMENT:
11.1.0 That this By-law shall come into force and effect immediately upon the final passing.
READ a first and second time this 24th day of September, 2007.
READ a third time and finally passed this 24th day of September, 2007.
To apply for an outdoor burning permit, click here
THE CORPORATION OF THE CITY OF BARRIE
"ORIGINAL SIGNED"
MAYOR - D. ASPDEN
"ORIGINAL SIGNED"
CITY CLERK - DAWN A. MCALPINE
By-law 2007-210
OFFICE CONSOLIDATION
The Corporation of the City of Barrie
Outdoor Solid Fuel Burning Appliances
5
AMENDMENTS TO BY-LAW 2007-210
By-law 2010-079
Section 3.1.2 and subsequent
sections renumbered
Section 5.3.0 and Section 5.4.0
May 10, 2010
By-law 2015-026
Section 5.3.0
March 30, 2015