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BY-LAW NO. 2014-018
A BY-LAW OF THE CORPORATION OF THE TOWN OF
BRACEBRIDGE TO REGULATE THE SETTING OF FIRES
AND TO SET OUT PRECAUTIONS TO BE TAKEN WITH
OPEN AIR FIRES, BARBECUES AND GAS FIRED OUTDOOR
APPLIANCES
WHEREAS, Section 7.1 of the Fire Protection and Prevention Act, 1997, provides that the council of a
municipality may pass by-laws, regulating fire prevention, including the prevention of the spreading of
fires; and, regulating the setting of open air fires, including establishing the times during which open air
fires may be set;
AND WHEREAS, Section 8 of the Municipal Act, S.O. 2001, (hereinafter referred to as the "Municipal
Act") provides that the powers of a municipality under the Municipal Act or any other Act shall be
interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern
its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal
issues;
AND WHEREAS, Section 9 of the Municipal Act provides that a municipality has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority under the Municipal
Act or any other Act;
AND WHEREAS, Section 11 of the Municipal Act provides that a lower-tier municipality may pass by-laws
respecting matters within the spheres of jurisdiction set out therein;
AND WHEREAS, Section 429 of the Municipal Act provides that a municipality may establish a system of
fines for offences under a by-law of the municipality passed under this act;
AND WHEREAS by through motion 13-GC-102 and By-law Number 2013-039 the Town has entered into
a Municipal Forest Fire Management Agreement with the Ministry of Natural Resources;
AND WHEREAS Council has, by By-law Number 98-86 adopted a Forest Fire Management Plan for the
Town of Bracebridge;
AND WHEREAS by motion 14-GC-074, the Council of The Corporation of the Town of Bracebridge
deems it expedient to pass such a by-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRACEBRIDGE
ENACTS AS FOLLOWS:
DEFINITIONS
1.
In this By-law:
1.1.
Authorized Campground - means a commercial campground or children's summer
camp operation located and operated in accordance with the Town's comprehensive
zoning by-law.
BY-LAW NO. 2014-018
Page 2
1.2.
Barbecue - means an appliance or structure designed and intended solely for the
cooking of food in the open air, including a Hibachi or any other similar commercially
manufactured device designed and intended solely for the cooking of food in the open air,
but does not include devices predominately designed for personal warmth, fire pits or
campfires.
1.3.
By-Law Enforcement Officer - means a By-Law Enforcement Officer appointed by
Council for the purpose of enforcing this by-law.
1.4.
Campfire - means a small contained open air fire ignited for cooking or warmth.
1.5.
Chief Fire Official - means the Chief of the Bracebridge Fire Department or his/her
designate.
1.6.
Class "A" Combustibles - means natural material such as wood, paper or anything that
leaves an ash.
1.7.
Controlled Burn - means a prescribed ignition undertaken by a government agency for
the purposes of forestry management.
1.8.
Council - means the Council for the Corporation of the Town of Bracebridge.
1.9.
Crown Land - means land owned by the Province of Ontario.
1.10.
Crown Protection Area - means an area of the Town within which the Ministry of Natural
Resources will reimburse the Town for costs to suppress fires, pursuant to the Municipal
Forest Fire Management Agreement.
1.11.
Extinguish - means to completely put out a fire.
1.12.
Fire Management Zone - means a designated area of land as indicated on Schedule "A"
of this by-law.
1.13.
Fire Pit - means a fire burn area specifically designed for an open air burning.
1.14.
Gas Fired Outdoor Appliance - means a portable or fixed appliance which is fuelled by
natural gas or propane including, but not limited to, a heater, barbeque, smoker, fireplace
or fire pit.
1.15.
Incinerator - means an enclosed device other than a barbecue used for burning.
1.16.
Municipal Forest Fire Management Agreement - means an agreement between the
Town and the Province of Ontario respecting suppression of grass, brush and forest fires
within the Town.
1.17.
Municipal Protection Area - means an area of the Town within which the Town will, at
its own expense, suppress fires.
1.18.
Non-Recreational Open Air Fire - means any open air burning that is not recreational.
1.19.
Nuisance - when used in relation to a fire means to cause discomfort, irritation or danger
to any person occupying in the area of the fire through sparking, smoke or unpleasant
odour from the fire.
1.20.
Open Air Fire - means the burning of approved material outside of a building where the
flame is not wholly contained and is therefore open to the air.
BY-LAW NO. 2014-018
Page 3
1.21.
Owner - means the registered owner of, or anyone with a leasehold interest in a
property.
1.22.
Police Officer - means a regular member of the Ontario Provincial Police.
1.23.
Recreational Open Air Fire - means a small, controlled and contained fire for the
purpose of cooking, warmth or personal enjoyment.
1.24.
Town - means The Town of Bracebridge.
1.25.
Yard Waste - means natural debris collected from a property and includes branches,
tree limbs and trunks and leaves.
FIRE MANAGEMENT ZONES
2.
For the purposes of this By-law the Town shall be divided into four Fire Management Zones as
shown on Schedule "A" attached and described as follows:
2.1.
Zone 1: Those lands lying within the Municipal Protection Area in accordance with the
Municipal Forest Fire Management Agreement and identified in purple on Schedule "A"
attached.
2.2.
Zone 2: Those lands lying within the Municipal Protection Area in accordance with the
Municipal Forest Fire Management Agreement and identified in yellow on Schedule "A"
attached.
2.3.
Zone 3: Those lands lying within the Crown Protection Area in accordance with the
Municipal Forest Fire Management Agreement and comprising of patented and private
lands and identified in grey on Schedule "A" attached.
2.4.
Zone 4: Those lands lying within the Crown Protection Area in accordance with the
Municipal Forest Fire Fighting Agreement and consisting of Crown Lands and identified in
white on Schedule "A" attached.
GENERAL PROHIBITIONS
3.
No person shall:
3.1.
Set or permit a fire in the Town between the hours of 0800 hr. (8:00 a.m.) and 1800 hr.
(6:00 p.m.) during the months of April, May, June, July, August, September and October
each year, except as permitted under Part 6 and 7 of this By-law.
3.2.
Set or permit a fire in the Town at any other time except as permitted under Part 6, 7, 8
and 9 of this By-law.
3.3.
Burn grass in any zone.
3.4.
Set or permit a controlled burn in Fire Management Zone 1.
3.5.
Set or permit a non-recreational open air fire in Fire Management Zone 1.
3.6.
Set or permit a non-recreational open air fire in Fire Management Zones 2, 3 and 4 in the
months of April, May, June, July, August, September and October.
3.7.
Set or permit a fire that burns material other than Class "A" combustibles.
BY-LAW NO. 2014-018
Page 4
3.8.
Set or permit a fire on Crown Land during a fire ban imposed by the Ministry of Natural
Resources.
3.9.
Set a fire or permit a fire that causes a nuisance.
3.10.
Set a fire or permit a fire to burn:
3.10.1. On land on which the person setting such fire, or permitting such fire, is not the
registered owner, without the written permission of the registered owner.
3.10.2. On a highway, park, walkway, public land or upon any vacant or other land
owned by the Town, without first having obtained permission from the Chief Fire
Official.
3.11.
Notwithstanding the exceptions set out in Parts 8 and 9 of this By-law, the Chief Fire
Official may declare a total ban against open air fires when environmental conditions or
local circumstances make such fire hazardous. No person shall set or permit a fire
during a declared fire ban.
RECREATIONAL OPEN AIR FIRES
4.
No person shall set or permit a recreational open air fire:
4.1.
within a fire pit or burn area larger than 61 centimetres (2 feet) by 61 centimetres (2 feet)
or 0.26 cubic meters (eight cubic feet) in size;
4.2.
unless all reasonable steps have been taken to ensure that adjacent properties and
individuals are protected from fire hazards and are not adversely affected by the products
of combustion;
4.3.
using materials other than commercially produced charcoal, briquettes or clean, dry
seasoned wood and in particular no painted wood, pressure treated wood, or creosote
treated wood or any type of yard waste may be burned at any time;
4.4.
using wood having a dimension greater than the size of the pit within which the fire is
located. All such fires shall be totally confined within the open air burning device or fire pit
at all times;
4.5.
that is located less than six metres (20 feet) from any adjacent property;
4.6.
that is located less than six metres (20 feet) from any combustible structure or object;
4.7.
without having immediately available for use an effective extinguishing agent or device of
sufficient size and with the capability of extinguishing the fire;
4.8.
without ensuring that the fire is attended, controlled and supervised at all times by a
competent adult and that the fire is completely extinguished before the site on which the
open air fire was burning is vacated;
4.9.
when the wind speed exceeds 30 kilometres per hour (30 km/h); or
4.10.
when a smog alert for an area including the Town has been issued by the Ministry of the
Environment for Ontario;
BY-LAW NO. 2014-018
Page 5
NON-RECREATIONAL OPEN AIR FIRES
5.
No person shall set or permit a non-recreational open air fire:
5.1.
with a burn pile exceeding either two metres (6.5 feet) in diameter or two metres (6.5
feet) in height;
5.2.
in which any kitchen garbage, construction materials or debris or materials made of/or
containing rubber, plastic or tar are burned;
5.3.
using materials other than clean, dry seasoned wood or yard waste;
5.4.
within 20 metres (65 feet) of any adjacent building or structure;
5.5.
without first taking all reasonable steps to ensure that adjacent properties and individuals
are protected from any fire hazard and are not adversely affected by the products of
combustion;
5.6.
without ensuring that the fire is attended, controlled and supervised at all times by a
competent adult and that the fire is completely extinguished before the site on which the
open air fire was burning is vacated;
5.7.
without having immediately available for use an effective extinguishing agent or device of
sufficient size and with the capability of extinguishing the fire;
5.8.
when the wind speed exceeds 30 kilometres per hour (30 km/h); or
5.9.
when a smog alert for an area including the Town has been issued by the Ministry of
Environment for Ontario.
BARBECUES AND GAS FIRED OUTDOOR APPLIANCES
6.
Barbecues shall be exempt from this by-law provided the following conditions are met:
6.1.
No person shall barbeque unless the barbeque is supervised at all times.
6.2.
No person shall barbeque with a fuel source other than charcoal, briquette, natural gas or
propane.
7.
Gas fired outdoor appliances shall be exempt from this by-law provided the following conditions
are met:
7.1.
No person shall use a gas fired outdoor appliance unless the appliance is supervised at
all times.
7.2.
No person shall fuel an outdoor appliance with other than propane or natural gas.
7.3.
No person shall use an outdoor appliance that has not been approved by the
Underwriters Laboratories of Canada (ULC) or the Canadian Standards Association
(CSA).
EXEMPTIONS
8.
Section 3.1.1 does not apply to an Authorized Campground that has obtained a fire permit from
the Chief Fire Official that permits the permit holder to have a recreational open air fire in
accordance with the regulations contained in this by-law.
BY-LAW NO. 2014-018
Page 6
9.
The Bracebridge Fire Department is exempt from this By-law with respect to open air burning for
the purpose of educating and training individuals.
RIGHT OF ENTRY
10.
The Chief Fire Official, a Police Officer or a By-law Enforcement Officer shall be permitted to
enter into land at any time for the purpose of enforcing this by-law and may at their sole
discretion, order the fire extinguished and/or brought into compliance with the order and this order
shall be final. Any person setting or permitting such fire and the owner shall immediately comply
with the order. If the person setting or permitting the fire or the owner fails to comply as directed,
the Chief Fire Official, Police Officer or By-law Enforcement Officer may take action to have the
fire extinguished or otherwise brought into compliance with the order.
PENALTY
11.
Where the Fire Department is required to extinguish any open air fire, the owner shall be
responsible for paying any Fire Department fees as approved by Council and which may be
amended from time to time.
12.
The Town may recover the remedial action costs incurred under Section 11 by action, or by
adding to the tax roll and collecting them in the same manner as taxes in accordance with Section
446 of the Municipal Act.
13.
Prior to recovering remedial costs under Section 12, the Town may invoice owners requesting
voluntary payment of those remedial costs.
14.
Every person who contravenes any of the provisions of this By-law is guilty of an offence and
shall be subject to a penalty in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33.
15.
Every person who is guilty of any offence under this By-law may, if permitted under the Provincial
Offences Act, pay a set fine, and the Chief Justice of the Ontario Court of Justice shall be
requested to establish, pursuant to the Provincial Offences Act, set fines in accordance with
Schedule "B" attached to this By-law.
SEVERABILITY
16.
If a court of competent jurisdiction declares any provision or part of this by-law to be invalid or
unenforceable for any reason whatsoever, then the particular provision or part thereof shall be
deemed to be severed from the remainder of the by-law and shall be valid and enforceable to the
fullest extent permitted by law, unless the court makes an order to the contrary.
FORCE AND EFFECT
17.
That this By-law shall come into force and effect immediately upon passage.
REPEAL
18.
Upon the date the set fines are approved by the Chief Justice of the Ontario Court of Justice, By-
law 2008-039 and any amendments thereto shall be repealed.
BY-LAW NO. 2014-018
Page 7
SHORT TITLE
19.
This By-law may be cited as the "Burning Control By-law".
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 9th DAY OF APRIL 2014.
____________________________
_____________________________
Mayor, Graydon Smith
Director of Corporate Services/Clerk,
Lori McDonald
BY-LAW NO. 2014-018
Page 8
SCHEDULE "A"
TO BY-LAW NO. 2014-018
FIRE MANAGEMENT ZONES
BY-LAW NO. 2014-018
Page 9
SCHEDULE "B"
TO BY-LAW NO. 2014-018
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
1.
Set/permit fire during prohibited time/month
Section 3.1
$250.00
2.
Burn grass
Section 3.3
$250.00
3.
Set/permit controlled burn in Fire Management Zone 1
Section 3.4
$250.00
4.
Set/permit non-recreational burn in Fire Management
Zone 1
Section 3.5
$250.00
5.
Set/permit non-recreational burn in Fire Management
Zones 2, 3 or 4 during prohibited months
Section 3.6
$250.00
6.
Set/permit fire that burns other than Class A combustibles
Section 3.7
$250.00
7.
Set/permit fire during a fire ban declared by MNR
Section 3.8
$400.00
8.
Set/permit fire causing nuisance
Section 3.9
$250.00
9.
Non-owner set fire on land without owner's written
permission
Section 3.10.1
$250.00
10.
Set/permit fire on highway/park/walkway/public land/Town
land without required permission
Section 3.10.2
$250.00
11.
Set/permit fire during fire ban
Section 3.11
$400.00
12.
Set/permit recreational open air fire exceeding permitted
size
Section 4.1
$250.00
13.
Fail to ensure adjacent properties/individuals not
adversely affected by recreational open air fire
Section 4.2
$250.00
14.
Set/permit recreational open air fire - burn other than
permitted material
Section 4.3
$250.00
15.
Set/permit recreational open air fire - using wood having
excess dimension
Section 4.4
$250.00
16.
Set/permit recreational open air fire - less than 6 metres
from adjacent property
Section 4.5
$250.00
17.
Set/permit recreational open air fire - less than 6 metres
from combustible structure or object
Section 4.6
$250.00
18.
Set/permit recreational open air fire - fail to have proper
means of extinguishing
Section 4.7
$250.00
BY-LAW NO. 2014-018
Page 10
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
19.
Set/permit recreational open air fire - fail to properly
supervise/extinguish
Section 4.8
$250.00
20.
Set/permit recreational open air fire - excess wind speed
Section 4.9
$250.00
21.
Set/permit recreational open air fire during smog alert
Section 4.10
$250.00
22.
Set/permit non-recreational open air fire exceeding
permitted size
Section 5.1
$250.00
23.
Set/permit non-recreational open air fire - burn prohibited
material
Section 5.2
$250.00
24.
Set/permit non-recreational open air fire - burn other than
permitted material
Section 5.3
$250.00
25.
Set/permit non-recreational open air fire within 15 metres
of adjacent building or structure
Section 5.4
$250.00
26.
Fail to ensure adjacent properties/individuals not
adversely affected by non-recreational open air fire
Section 5.5
$250.00
27.
Set/permit non-recreational open air fire - fail to properly
supervise/extinguish
Section 5.6
$250.00
28.
Set/permit non-recreational open air fire - fail to have
proper means of extinguishing
Section 5.7
$250.00
29.
Set/permit non-recreational open air fire - excess wind
speed
Section 5.8
$250.00
30.
Set/permit non-recreational open air fire during smog alert
Section 5.9
$250.00
31.
Fail to supervise barbecue
Section 6.1
$250.00
32.
Use other than permitted fuel for barbecue
Section 6.2
$250.00
33.
Fail to supervise gas fired outdoor appliance
Section 7.1
$250.00
34.
Use other than permitted fuel for gas fired outdoor
appliance
Section 7.2
$250.00
35.
Use gas fired outdoor appliance not approved by ULC or
CSA
Section 7.3
$250.00
36.
Fail to comply with order
Section 10
$400.00
Part I Provincial Offences Act
TOWN OF BRACEBRIDGE BY-LAW 2014-018
TITLE: A BY-LAW OF THE CORPORATION OF THE TOWN OF
BRACEBRIDGE TO REGULATE THE SETTING OF FIRES AND TO
SET OUT PRECAUTIONS TO BE TAKEN WITH OPEN AIR FIRES,
BARBEQUES AND GAS FIRED OUTDOOR APPLIANCES
ITEM
1.
2.
3.
4.
5.
6.
7.
8.
9.
COLUMN 1
Short Form Wording
Set/permit fire during prohibited time/month
Burn grass
Set/permit controlled burn in Fire
Management Zone 1
Set/permit non-recreational burn in Fire
Management Zone 1
Set/permit non-recreational burn in Fire
Management Zones 2, 3 or 4 during
prohibited months
Set/permit fire that burns other than Class "A"
combustibles
Set/permit fire during a fire ban declared by
MNR
Set/permit fire causing nuisance
Non-owner set fire on land without owner's
written permission
COLUMN 2
Provision creating offence
or defining offence
s.3.1
s.3.3
s.3.4
s.3.5
s.3.6
s.3.7
s.3.8
s.3.9
s.3.10.1
COLUMN 3
Set fine
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$400.00
$250.00
$250.00
2
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision creating offence
Set fine
or defining offence
10.
Set/permit fire on highway/park/walkway/
s.3.10.2
$250.00
public landlTown land without required
permission
11.
Set/permit fire during fire ban
s.3.11
$400.00
12.
Set/permit recreational open air fire
s.4.1
$250.00
exceeding permitted size
13.
Fail to ensure adjacent propertieslindividuals
s.4.2
$250.00
not adversely affected by recreational open
air fire
14.
Set/permit recreational open air fire - burn
s.4.3
$250.00
other than permitted material
15.
Set/permit recreational open air fire - using
s.4.4
$250.00
wood having excess dimension
16.
Set/permit recreational open air fire - less
s.4.5
$250.00
than 6 metres from adjacent property
17.
Set/permit recreational open air fire - less
s.4.6
$250.00
than 6 metres from combustible structure or
object
18.
Set/permit recreational open air fire - fail to
s.4.7
$250.00
have proper means of extinguishing
19.
Set/permit recreational open air fire - fail to
s.4.8
$250.00
properly supervise/extinguish
3
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision creating offence
Set fine
or definin£l offence
20.
Set/permit recreational open air fire - excess
s.4.9
$250.00
wind speed
21.
Set/permit recreational open air fire during
s.4.10
$250.00
smog alert
22.
Set/permit non-recreational open air fire
s.5.1
$250.00
exceeding permitted size
23.
Set/permit non-recreational open air fire -
s.5.2
$250.00
burn prohibited material
24.
Set/permit non-recreational open air fire -
s.5.3
$250.00
burn other than permitted material
25.
Set/permit non-recreational open air fire
s.5.4
$250.00
within 20 metres of adjacent building or
structure
26.
Fail to ensure adjacent propertieslindividuals
s.5.5
$250.00
not adversely affected by non-recreational
open air fire
27.
Set/permit non-recreational open air fire - fail
s.5.6
$250.00
to properly supervise/extinguish
28.
Set/permit non-recreational open air fire - fail
s.5.7
$250.00
to have proper means of extinguishing
29.
Set/permit non-recreational open air fire -
s.5.8
$250.00
excess wind speed
4
ITEM
30.
31.
32.
33.
34.
35.
36.
NOTE:
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision creating offence
Set fine
or defining offence
Set/permit non-recreational open air fire
s.5.9
$250.00
during smog alert
Fail to supervise barbecue
s.6.1
$250.00
Use other than permitted fuel for barbecue
s.6.2
$250.00
Fail to supervise gas fired outdoor appliance
s.7.1
$250.00
Use other than permitted fuel for gas fired
s.7.2
$250.00
outdoor appliance
Use gas fired outdoor appliance not approved
s.7.3
$250.00
by ULC orCSA
Fail to comply with order
s. 10
$400.00
The penalty provision for the offence listed above is section 14 of By-Law 2014-018 (a certified copy of which has been
filed) .