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Office Consolidation - Open Fires By-law 91-94 - Page 1 of 3
OFFICE CONSOLIDATION
Open Fires By-Law 91-94
A by-law for prescribing the time during which fires may be set in the open air and
the precautions to be observed by persons setting out fires under The Municipal
Act, Section 210 (35), R.S.O. 1990, c.M.45
(Amended by By-law 215-2023)
THE COUNCIL of the Corporation of the City of Brampton ENACTS as follows:
DEFINITIONS
In this by-law:
1.
"Ceremonial/Sacred Fire" means an Open Air Fire carried out by Indigenous
peoples as part of or in observance of a ceremonial or sacred service. (By-law
215-2023)
"Fire Chief" means the Chief of the Fire Department of The Corporation of the
City of Brampton, or his designate.
"Open air" means any open place, yard, field or construction area which is not
enclosed by a building or structure.
2.
The Fire Chief shall be responsible for administration and enforcement of this by-
law.
3.
(1)
No person shall set or maintain a fire in open air unless he has a permit
issued by the Fire Chief under this by-law or falls within exemption set out
in Section 4.
Office Consolidation - Open Fires By-law 91-94 - Page 2 of 3
(2)
Where a permit has been obtained under subsection (1), no person shall
set or maintain a fire in the open air:
(a)
between sunset and sunrise;
(b)
at a distance of less than ten (10) metres from any building ,
structure, hedge, fence, vehicular roadway or overhead wire or
obstruction of any kind or nature whatsoever;
(c)
if the wind velocity is greater than twenty-four (24) kilometres per
hour;
(d)
ensuring that a person competent to supervise such fire and to
extinguish it promptly in the event of danger of the spread of such
fire is in constant immediate attendance at the specific place where
the fire is burning;
(e)
without ensuring such fire is completely extinguished before leaving
the specific place where the fire was burning;
(f)
unless there is a space free and clear of combustible material
around the perimeter of such fire of at least five (5) metres;
(g)
where that fire contains rubber tires, plastic products or other
building materials that are known to create extensive smoke; and
(h)
unless he complies with all the relevant provisions of the
Environmental Protection Act, R.S.O., 1990, c.E.19, as amended.
4.
No person shall set or maintain a fire in the open air unless:
(1)
the fire is to be used for the purpose of cooking and providing that:
(a)
a distance of not less than five (5) metres is maintained between
the fire and any building structure, fence, hedge, vehicular roadway
or overhead wire or obstruction of any kind or nature whatsoever;
(b)
the requirements of clauses (c), (d), (e) and (f) of subsection (2) of
Section 3 are complied with;
(c) the fire is not more than 0.5 square metres in area and is not more
than 0.5 metres in height; AND
(d)
the fire is set and confined in a metal or masonry container with a
metal screen on top having a mesh of not larger than one-half inch;
Office Consolidation - Open Fires By-law 91-94 - Page 3 of 3
or
(2)
The fire is a Ceremonial/Sacred Fire.
(By-law 215-2023 - section 4)
5.
(1)
A person who intends to set or maintain a fire in the open air space on a
specified day or days may be issued a permit for one (1), seven (7) or
twenty-eight (28) days provided that the fire is not more than one (1)
square metre in area and does not exceed one (1) metre in height.
(2)
A person who intends to set or maintain a fire in the open air for disposal
of vegetable matter or vegetation on farm lands which is normal and
incidental to farming purposes may be issued a permit to cover the period
of the proposed fire.
6.
Any person who contravenes any of the provisions of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the Provincial
Offence Act.
7.
No permit is required to set or maintain a Ceremonial/Sacred Fire at an approved
City location. (By-law 215-2023)
8.
The Fire Chief is hereby delegated the authority to approve locations and
requirements for setting and maintaining of Ceremonial/Sacred Fires. (By-law
215-2023)
Read a First, Second and Third Time and Passed in Open Council, this 9th day of May,
1994.
THE CORPORATION OF THE CITY OF BRAMPTON
Original Signed by: Peter Robertson, Mayor
Original Signed by: Leonard J. Mikulich, City Clerk