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The Corporation of the Municipality of Brockton
By-Law 2017-034
Being A By-Law To Regulate Fire Prevention Including The Prevention Of The Spreading Of
Fires And The Regulating Of Open Air Fires.
Whereas Section 7.1 of the Fire Protection and Prevention Act as amended, authorizes Municipal
Councils to pass by-laws regulating fire prevention, including the prevention of the spreading of
fires and regulating the setting of open air fires, including the times during which open air fires may
be set.
Whereas open air fires contribute to air pollution and the odour and smoke disturbs the comfort
and convenience of the neighbourhood.
Now Therefore the Council of the Corporation of the Municipality of Brockton Enacts As Follows:
1. Definitions:
For purposes of this by-law and the following definitions shall apply;
1.1
"Chief Fire Official(s)" shall mean the Fire Chief of Brockton or his/her designate(s);
1.2
"CAO/Clerk" shall mean the Chief Administrative Officer/Clerk or his/her designate(s)
1.3
"Fire" means the burning or combustion of materials in the open air, but shall not include
any fire entirely contained in an apparatus designed, constructed or manufactured for the
purpose of barbecuing food for consumption;
1.3
Highway" includes a common and public highway, street, avenue, parkway, driveway,
square, place, bridge, viaduct or trestle, any part of which is intended for or used by the
general public for the passage of vehicles and includes the area between the lateral
property lines thereof.
1.4 "Municipality" shall mean the Corporation of the Municipality of Brockton;
1.5 "Open Air" means any open place, yard, field or construction area which is not enclosed by
a building or structure;
1.6 "Prohibited Materials" shall include materials such as automobile and truck bodies, tires, oil,
grease, paint, rags, plastics, wire, leaves, asphalt shingles, rubber, construction materials -
treated or synthetic construction materials likely to cause noxious or obnoxious fumes,
insulation, asbestos and flammable or combustible liquids or accelerants and household
garbage, recyclables, garden brush & waste.
1.7 "Recreational Fire" means a fire that burns within an area that is no larger than 0.6 meters
(24 inches) in diameter and height of 0.3 (12 inches) meters, provided such fire is used for
warmth or cooking food;
1.8 "Structure" shall mean anything that is erected, built or constructed or parts joined together
or any such erection fixed to or supported by the ground.
1.9 This by-law does not apply to municipally owned and landfill site lands owned by the
Corporation of the Municipality of Brockton.
2. Prohibitions:
No person shall set a fire or allow a fire to burn except in accordance with the following
provisions:
2.1
No person shall set a fire or allow a fire to burn except in accordance with the provisions of
this By-Law and all applicable provincial, municipal and federal laws and regulations.
By-Law 2017-034
Fire Prevention/Open Air Burn
2.2
No person shall set a fire or allow a fire to burn in the open air except for a recreational fire
or one permitted under section 4.1 of this by-law without obtaining a permit from the Chief
Fire Official or meeting the Fire Chiefs criteria. All Fires shall meet the criteria as set out in
sections 3.0 to 4.0 of this by-law.
2.3
No person shall set or allow an uncontained fire to burn, such as a grass fire. Fires shall
only be set or allowed to burn in a container, apparatus, or physical construction that is
capable of controlling the spread of fire.
2.4
Every person present at a fire shall ensure that an adequate means of extinguishing the
fire is available at the fire site while the fire is burning; without limiting the generality of the
foregoing, every Permit holder shall ensure that the means of extinguishing the fire required
in the terms of the Permit is available at the fire site at all times while the fire is burning.
2.5
No person shall set or maintain a fire unless under the constant supervision and control of
a person 16 years of age or over from the time of lighting until the fire is completely
extinguished.
2.6
No person shall set or maintain a fire during a fire ban declared by the Chief Fire Official,
including fires which would otherwise be permitted or for which a permit has been issued.
2.7
No person shall burn prohibited materials as defined in Section 1.6. This prohibition shall
also apply to a person who is actively farming land and who wishes to set or maintain a fire
on farm lands for purposes which are normal and incidental to the farm use or who if
burning brush has applied for a permit under Section 4 of this By law.
2.8
No person shall burn materials which do not originate from the lands associated with the
burn site or that have been imported to the burn site unless authorized by a permit issued
under Section 4.1 of this by-law
3. Prohibited Locations
No person shall set a fire or allow a fire to burn except in accordance with the following
locational criteria:
3.1
No person shall set or maintain a fire on any lands used for institutional, industrial or
commercial purposes, save and except in accordance with a permit issued under this by-
law;
3.2
No recreational fire may shall be set or allowed to burn where said fire is less than 10
meters from any building, structure, hedge, tree, fence, highway or vehicular right of way,
overhead wire or combustible material of any kind.
3.3
No fire other than a Recreational Fire shall be set or allowed to burn where said fire is less
than fifteen (15) metres from any building, structure, hedge, tree, fence, highway or
vehicular right of way, overhead wire or combustible material of any kind.
3.4
No fire shall be set or allowed to burn on a public highway or land that is owned by the
Corporation without a permit therefore.
3.5
No fire shall be set or allowed to burn on any land or premise without the consent of the
owner of such land or premise.
3.6
No fire shall be set or allowed to burn on any land or premise where construction of a
building or structure is ongoing.
3.7
No fire other than a Recreational Fire shall be set to burn between sunset on the evening
of any day and sunrise on the following day.
By-Law 2017-034
Fire Prevention/Open Air Burn
3.8
No fire other than a Recreational Fire or one for which a permit has been issued shall be
set or allowed to burn within the boundaries of the Municipality of Brockton The provisions
of Section 2.3 do not apply to fires set on farms for purposes which are normal and
incidental to farm use.
3.9
Approval to burn with extended hours may be granted in circumstances where it is
demonstrated to the satisfaction of the Fire Chief Official that it is necessary and may be
completed safely. Notwithstanding the issuance of a burn/fire permit with extended hours,
the property owner shall be responsible for fire department response costs for a fire allowed
to burn past sunset.
3.10
Notwithstanding the issuance of a Permit and with or without a Permit, no person shall set
or allow a fire to burn when the direction or intensity of the wind may cause:
3.10.1 a decrease in visibility on any highway;
3.10.2 any odour or smoke to such an extent or degree so as to cause discomfort
to persons, or hazards to health, cause loss of enjoyment or normal use of
property and within 150 meters of an adjacent property and upon the
issuance of a smog alert;
3.10.3 a rapid spread of fire through grass to a bush area.
4. Issuance of Permit
The Chief Fire Official is hereby delegated authority to approve of the setting of fire in
accordance with the provisions of this By-Law, provided the applicant has completed the form
of Permit attached hereto as 'Schedule A' and paid such fee as set by Council from time to
time.
4.1
Any person who is actively farming land and who wishes to set or maintain a fire incidental
to the farm use; or to set or maintain a fire such as burning a derelict building or a large
brush pile, shall notify the Municipal Office or Chief Fire Official during normal business
hours at least 24 hours before setting the fire.
4.2
The fire/burn permit may be cancelled at any time by the Fire Chief or his designate, and
immediately upon receiving notice of such cancellation the permittee shall extinguish any
fire started under the permit.
4.2.1 Under special circumstances, the Chief Fire Official in consultation with the
CAO may issue a fire/burn permit for a non-agricultural property.
5. Penalty
5.1
Every person who contravenes any provision of this by-law is guilty of an offence and on
conviction is liable to a fine as provided for in the Provincial Offences Act.
5.2
Any person who sets or allows a fire to burn and which fire escapes and becomes beyond
his or her control, whether or not the said fire is permitted under this by-law, and any person
who fails to give notice under Section 4.1 of this by-law, so that the Fire Department is
called to the fire, shall be liable for the expenses of the fire department, including personnel,
equipment and apparatus costs necessary to investigate, respond and extinguish the fire
at such rates established from time to time by Council.
6. Enforcement
6.1
The By-Law Enforcement Officer appointed to enforce this by-law is authorized to order
any person to extinguish any fire when there is a breach of any portion of this by-law or any
regulations of the Ontario Fire Code or where in their opinion there is a danger of such fire
spreading or otherwise endangering life or property.
By-Law 2017-034
Fire Prevention/Open Air Burn
7.
By-Law 2014-100 and all by-laws inconsistent with this by-law are hereby repealed.
8.
That this by-law shall come into force and effect upon passage.
Read, Enacted, Signed and Sealed this 10th Day of April, 2017.
Original Signed By:
Mayor - David Inglis
Original Signed By:
Deputy Clerk - Julie Farrell
Permit Number ___________
The Corporation of the Municipality of Brockton
Permit for Open Fires
Permission is Hereby Granted To:
Applicant Name: _________________________________________________________
Address: _______________________________________________________________
Postal Code: ___________ Phone: ___________________ Cell: __________________
Roll Number_____________________________________________________________
For the Purpose of Having an Open Fire
Date: ________________________
Time: ______________________
(Extended Hours Approved from Time:
)
Location: ______________________________________________________________
Material to be Burned: ____________________________________________________
Means of Extinguishment Available: _________________________________________
Method of Disposal of Burned Material: _______________________________________
Does all the material to be burned originate from the permit location owned by the Applicant?
_______________________________________________________________________
The Applicant agrees to comply with all provisions of By-Law 2017-034 and agrees to assume all
responsibility for any costs or damages occurred from the fire for which this permit is issued.
Any breach of this permit for By-Law 2017-034 may result in prosecution of the Applicant and the
imposition of fines pursuant to the Provincial Offences Act.
____________________________
____________________________
Date
Signature of Applicant
Permit Fee: __________________
Paid:
____________________________
____________________________
Date
Signature of Chief Fire Official
Part 1 of Provincial Offences Act
The Corporation of the Municipality of Brockton
By-Law 2017-034
Being a by-law to regulate fire prevention and open air fires.
Item
Column 1
Short Form Wording
Column 2
Offence Creating Provision or Defining Offence
Column 3
Set Fine
1
Set or allow open fire without a permit
S. 2.2
$200.00
2
Set uncontained fire
S. 2.3
$200.00
3
Fail to provide adequate means to extinguish fire
S. 2.4
$200.00
4
Fail to supervise fire
S. 2.5
$200.00
5
Set fire during fire ban
S. 2.6
$500.00
6
Burn prohibited materials
S. 2.7
$200.00
7
Burn materials which do not originate from burn site
S 2.8
$200.00
8
Allow fire in prohibited zone
S. 3.1
$200.00
9
Set or allow recreational fire within 10 meters of prohibited location
S. 3.2
$200.00
10
Set or allow non-recreational fire within 15 meters of prohibited location S. 3.3
$200.00
11
Set or allow fire on public highway or land without a permit
S. 3.4
$200.00
12
Set or allow fire without consent of land owner
S. 3.5
$200.00
13
Set or allow fire on land where construction is ongoing
S. 3.6
$200.00
14
Set or allow non-recreational fire between sunset and sunrise
S. 3.7
$200.00
15
Set or allow non-recreational fire without a permit
S. 3.8
$200.00
16
Set or allow fire without regard to wind direction or intensity
S. 3.10
$200.00
The penalty provisions for the offences listed above is Section 5 of By-Law 2017-034, a certified copy of which has been
filed. Approved by the Ontario Court of Justice: July 26, 2017