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By-law 2004-185
(Consolidated - As amended)
OPEN AIR FIRES
A By-law of The Corporation of the City of
Barrie to regulate the setting of open air fires,
including establishing the times during which
open air fires may be set and to repeal by-law
96-135 and all amendments thereto
This By-law printed under and by
the authority of the Council of the
City of Barrie
By-law 2004-085
The Corporation of the City of Barrie
Office Consolidation
Open Air Fires
BY-LAW NUMBER 2004-185
A By-law of The Corporation of the City of Barrie to regulate
the setting of open air fires, including establishing the times
during which open air fires may be set and to repeal by-law
96-135 and all amendments thereto.
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 the Council of The Corporation of the City of Barrie passed By-Law 96-
135 on the 17th day of June, 1996.
AND WHEREAS by Resolution 04-G-291 the Council of The Corporation of the City of
Barrie deems it expedient to repeal By-Law 96-135.
AND WHEREAS by Resolution 04-G-291 the Council of The Corporation of the City of
Barrie deems it expedient to regulate the setting of open air fires, including establishing the times
during which open air fires may be set;
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 "Open Air Burning By-law".
2.0.0
DEFINITIONS:
2.1.0
For the purpose of this by-law:
2.1.1
Combustible Waste - shall mean but is not limited to used vehicle bodies, tires, oil,
grease, paint, cloth, rags, plastics, kitchen waste, food, scraps or other material which
contents include the aforementioned;
2.1.2
Agricultural Waste - shall mean but is not limited to any animal fecal deposits, manure
or animal carcasses;
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
Campfire - shall mean a small contained fire in a trailer park, campground or tourist
camp which is licensed by the municipality as may be required, which is supervised at all
times and which is used to cook food, or to provide warmth;
2.1.5
Outdoor Solid Fuel Burning Appliance - covered under separate by-law;
2.1.6
City - means The Corporation of the City of Barrie;
2.1.7
Fire Chief - means the Fire Chief of the Barrie Fire and Emergency Services, as
appointed by Council, from time to time, or his designate;
2.1.8
Burn Permit - means a permit issued by the Barrie Fire and Emergency Service
authorizing an open air fire;
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;
By-law 2004-085
The Corporation of the City of Barrie
Office Consolidation
Open Air Fires
2.1.10 Shall - is mandatory and not directory; words in the singular include the plural; words in
the plural include the singular; words in the present tense include future or past tense;
and,
2.1.11 Yard Waste - includes but is not limited to leaves, brush, grass and vegetation clippings,
wood chips, peat moss and other material which contents include the aforementioned.
3.0.0
SETTING OF FIRES:
3.1.0
No person shall:
3.1.1
set a fire, or permit a fire to burn without a permit;
3.1.2
set a fire, or permit a fire to burn in excess of 1 cubic meter in size;
3.1.3
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;
3.1.4
set a fire, or permit a fire to burn so as to cause danger to any person or structure;
3.1.5
set a fire, or permit a fire to burn in 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;
3.1.6
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;
3.1.7
set a fire, or permit a fire to burn when rain or fog is present;
3.1.8
set a fire or permit a fire to burn between sunset of one day and sunrise of the next day,
unless expressly authorized by a Burn Permit issued under the provisions of this by-law;
3.1.9
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;
3.1.10 burn combustible materials, petroleum products, demolition debris or any other item or
material which will cause excessive smoke or fumes;
3.1.11 burn any yard waste;
3.1.12 burn any agricultural waste;
3.1.13 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 the 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 Burn Permit required pursuant to
this by-law; or,
3.1.14 having set a fire, or permitted a fire to burn without a Burn Permit, fail to immediately
extinguish such fire upon the request of a member of the Barrie Fire and Emergency
Service;
3.2.0
Where a Burn Permit has been issued pursuant to this by-law, the person to whom the
Burn Permit has been issued, and the person responsible for the supervision of the fire,
shall:
3.2.1
ensure that no damage 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,
or permitting the fire to burn;
3.2.2
ensure that the fire is kept at least 15 metres from any dwelling, structure or other
combustible material;
3.2.3
ensure that 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;
3.2.4
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 the Barrie Fire and Emergency Service or otherwise at the end of the burn;
3.2.5
ensure that the fire is completely extinguished before leaving the burn site; and,
By-law 2004-085
The Corporation of the City of Barrie
Office Consolidation
Open Air Fires
3.2.6
ensure that the Barrie Fire and Emergency Service is informed, prior to setting a fire, of
the approximate time the fire will be set and extinguished and the name of the person
who will be supervising such fire.
4.0.0
BURN PERMITS:
4.1.0
Any person may make application in writing to the Fire Chief for a Burn Permit to
authorize the setting and burning of a fire within the City, in accordance with the
provisions of this by-law.
4.2.0
The applicant shall together with his application and at the time of application, forward
payment in the amount as established from time to time in the City's User Fee By-law.
4.3.0
Where the applicant is not the owner of the land on which the fire will occur, the applicant
shall together with his application and at the time of application, provide written approval
of the property owner for a Burn Permit to be issued.
4.4.0
No permit shall be processed until such payment is made. Any default in such payment
shall result in the immediate revocation of the Burning Permit.
5.0.0
BURN BAN:
5.1.0
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 a burn permit during a burn ban.
5.2.0
No person shall set an open air fire at any time during a burn ban.
6.0.0
EXEMPTIONS:
6.1.0
No permit shall be required for, and the provisions of this by-law shall not apply, to:
6.1.1
a fire wholly contained within a barbecue used for the preparation of food for human
consumption; or
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 the open air on any such land.
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.
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 this 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 REPEAL:
11.1.0 Upon The passage of this by-law, By-law 96-135 and all amendments thereto shall be
repealed.
By-law 2004-085
The Corporation of the City of Barrie
Office Consolidation
Open Air Fires
12.0.0 ENACTMENT:
12.1.0 That this By-law shall come into force and effect immediately upon the final passing
thereof.
READ a first and second time this 21st day of June, 2004.
READ a third time and finally passed this 21st day of June, 2004.
THE CORPORATION OF THE CITY OF BARRIE
"ORIGINAL SIGNED"
MAYOR - R. J. HAMILTON
"ORIGINAL SIGNED"
CLERK - JOHN R. SISSON
By-law 2004-085
The Corporation of the City of Barrie
Office Consolidation
Open Air Fires
AMENDMENTS TO BY-LAW 2004-185 OPEN AIR FIRES
By-law 2007-208
Delete and replace 2.1.5 Outdoor Solid Fuel Burning Appliance
Delete 5.1.2 and renumber sections accordingly