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The Township of Cavan Monaghan
By-law No. 2023-25
Being a by-law to prescribe the time for setting fires in the Township of Cavan Monaghan
and the precautions to be observed
Whereas the Fire Protection and Prevention Act, 1997, 5.0. 1997, c. 4, as amended, provides:
a.
in subsection 7.1(1)(a) that a council of a municipality may pass by-laws regulating fire
prevention, including the prevention of the spreading of fires;
b.
in subsection 7.1(1)(b) that a council of a municipality may pass by-laws regulating the
setting of open air fires, including the times during which open air fires may be set;
c.
in subsection 7.1(3) that a by-law passed under section 7.1 may deal with different areas
of the municipality differently;
And Whereas subsection 11(2) of the Municipal Act, 2001, 5.0.2001, c.25, as amended,
authorizes the municipality to pass by-laws respecting the health, safety and wellbeing of
persons;
And Whereas the Municipal Act, 2001, 5.0. 2001 c. 25, section 128(1), as amended, provides
that a local municipality may prohibit and regulate with respect to public nuisances, including
matters that, in the opinion of Council, are, or could become or cause public nuisances;
And Whereas Council considers excessive smoke, smell, airborne sparks or embers to be or
could become or cause public nuisances by creating negative health effects on neighboring
residents, increasing fire exposure hazards, infringing the enjoyment of the use of neighboring
properties and generating false alarms;
And Whereas under Section 35(1) of the Fire Protection and Prevention Act, 1997, S.C. 1997,
c. 4, as amended, the Fire Marshal, a Fire Chief or an Assistant to the Fire Marshal may issue
an order to pay the costs incurred by the Province of Ontario or a municipality.
Now Therefore the Council of the Township of Cavan Monaghan hereby enacts as follows:
Section 1
-- Definitions:
1.0
In this By-law:
a.
"Approved Device" means a chiminea or other unit that is:
i.
a ULC/CSA approved device;
ii.
in conformance with the Technical Standards and Safety Act, 2000, as
amended;
Hi.
for outdoor use;
iv.
Installed in accordance with the manufacturer's instructions; and
v.
approved by the Fire Chief.
b.
"Authorized Burning Material" means only environmentally friendly material
including, but not limited to, natural wood and brush, and does not include,
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Open Air Burning By-law No. 2023-25
among other things, pressure treated wood, recyclables, plastics and household
waste.
c.
"Brush Pile" means branches or twigs in a pile larger than 46 cm x 46 cm (18" x
18"), but not to exceed 3m x 3m x 1 m (10' x 10' x 4'). Rural residents must be
lOOm (330') from any structure to burn Brush Piles with a size not greater than
3m x 3m x lm (10'xlO'x4').
d.
"Built Up Area" means the Village of Milibrook, subdivisions, and surrounding
hamlets including but not limited to Mount Pleasant, Cavan, Bailieboro, Ida and
the Five Mile Turn.
e.
"Campfire" means an Open Air Fire of Authorized Burning Material contained
within an Approved Device contained in such a way to prevent the spread of the
fire, and which fire is no larger than 46 cm x 46 cm (18" x 16"), a minimum of 15
m (50') from any structure, and is supervised by an adult at all times.
f.
"Fire Chief' means the Fire Chief of the Township of Cavan Monaghan,
appointed under the Fire Protection and Prevention Act, 1997, 5.0. 1997, c. 4,
as amended, or their designate.
g.
"Fire Department" means the Township of Cavan Monaghan Fire Department.
h.
"Municipality" means the Corporation of the Township of Cavan Monaghan and
the geographic area thereof.
"Occupant" means the person(s) residing in premises which they do not own.
j.
"Open Air Fire" means any fire which is set outside a building.
k.
"Owner" means the person(s) shown on the latest Assessment Roll.
"Permit" means written authority provided by the Fire Chief in the form attached
hereto as Schedule "A", and which permit forms part of this by-law.
m.
"Tenant" means the person(s) renting or leasing premises.
Section 2-- General Conditions
2.0
All persons setting an Open Air Fire in the Municipality must first obtain a Permit from
the Fire Department. Should any such fire spread, resulting in the attendance of the Fire
Department, the penalties as set out herein will apply to the Owner and/or Tenant of the
property.
2.1
All persons setting an Open Air Fire in the Municipality shall be responsible for any
damage to property or injury to person occasioned by the said fire.
2.2
No Open Air Fire shall be maintained when the wind is in such direction or intensity so
as to cause any or all of the following:
a.
a decrease in visibility on any highway or roadway;
Page 2
Open Air Burning By-law No. 2023-25
b.
a rapid spread of fire through grass or a brush area;
c.
public nuisances by creating negative health effects on neighboring residents.
2.3
All fires shall be maintained in accordance with Schedule "A" attached hereto and
farming part of this by-law.
2.4
Every person who contravenes any provision of this by-law is guilty of an offence and is
liable to a penalty as set out in Section 3.
2.5
Notwithstanding the provisions hereof the Fire Chief may, upon application, approve the
setting of any fire, subject to conditions set down by the Fire Chief. Any such approved
burn may be subject to the Special Permit fee noted herein, together with any penalty, if
applicable.
Section 3--Penalties
3.0
A penalty may be issued at the discretion of the Fire Chief when any or all of the
following conditions apply:
a.
An alarm is activated;
b.
Emergency manpower and emergency equipment is dispatched;
c.
Damage occurs to life or property;
d.
The Owner and/or Tenant is not in possession of a valid Permit.
3.1
Any person selling, maintaining or allowing to burn a fire and all Owners of property
upon which a fire is set, maintained or allowed to burn in the open air shall:
a.
be responsible for any damages to property occasioned by said fire; and
b.
be liable for the cost of any firefighting equipment and personnel necessary to
extinguish said fire, including aid from neighboring departments, together with
applicable penalties as set out in Section 3.2 hereof.
3.2
Penalties may be issued as follows:
First call
-- A minimum penalty as per the Municipality's User Fees and Charges By-law.
When costs of resources and manpower exceed the minimum penalty the Fire
Chief, at their discretion, may add an additional penalty based on a formula of the
Ministry of Transportation of Ontario ('MTO") hourly rate times each Fire
Department unit dispatched per hour. Any special equipment needed, not limited
to Ministry of Natural Resources, other Fire Departments, or third party
contractors, etc., will be billed at cost plus an additional amount 15 % of cost to
cover up to $5000.00 and 10% on any extraordinary expense exceeding
$5000.00 to cover administrative expenses in accordance with the Township's
User Fees and Charges By-Law.
b.
Subsequent calls
-- Penalties for subsequent calls will be invoiced to cover costs
incurred by the Fire Department, including personnel and equipment called in to
extinguish the said tire, based on a formula of the MTO hourly rate times each
Page 3
Open Air Burning By-law No. 2023-25
Fire Department unit dispatched per hour. Any special equipment needed, not
limited to Ministry of Natural Resources, other Fire Departments, or third party
contractors, etc., will be billed at cost plus an additional amount 15% cost to
cover up to $5000.00 and 10% on any extraordinary expense exceeding
$5000.00 to cover administrative expenses in accordance with the Township's
User Fees and Charges By-Law.
Note: These penalties will be updated in the Municipality's User Fees and Charges By
law and come into effect in February 2023 or as amended.
3.3
Any unpaid arrears outstanding will be forwarded to the Municipality's Finance
Department for collections, as per the Accounts Receivable Collections Policy.
Section 4-- Miscellaneous
4.0
This By-law may be cited as 'Township of Cavan Monaghan Open Air Burning By-Law".
4.1
That By-law No. 2015-36 is hereby repealed in its entirety.
4.2
This By-law shall become effective immediately upon passing thereof.
Read a first, second and third time and passed this
day of
\
2023.
Mathew
ra
m
Cindy Page
Mayor
Clerk
Page 4
Schedule "A"
To By-law No. 2023-25
Township of Cavan Monaghan
988 County Rd 1°! Millbrook ON, LOA 100
Tel: 705-932-2755- servicesld'cavanmonacihan.net
Brush Permit
Permit #BP-23-001
Valid From
Jan 25, 2023
Expire Date Jan 25. 2024
Occupant Name
Telephone Lloinix:.x
Rent or Own? Owner
Open Burn Address
XXXXXXX
Home Address
xxxxxxx
Terms and Conditions
This Permit forms part of the Township of Cavan Monaghan Open Air Burning By-law No.2023-25 and containsterms as
defined therein. This Pernit is also subject to the following terms and conditions:
1. This Permit is not valid when winds are greaterthan 8 krn,'hr or 5 miles/br, or if a burn ban is in effect
2. The material to be burned shall be limited to wood or by-products of wood. The person who has obtainedthis Permit:
a shall not permit more than 3m x 3m xl m (lOx 10 x 4') of matenal to be burned at any one time for property that meets the
required setback in section 3 below;
shall ensurethat the means of extinguishing the fire designated on the Permit is available atthe site at all timesduring the fire;
3. Fires within Built Up Areas must be in an Approved Device, be contained to prevent the spreading of fire, and be a minimum of 15 m
(50') from any structure for Campfires only
Rural residents must be lOOm (330) from any structune to burn Brush Piles with a size not
greater than 3 mx 3 m x I m (IC' x 10' x 4'). Special Permits may be issued for larger fires by the Fire Chief based on a plan approved
by the Fire Chief
Rural residents on lots will be subject to the Built Up Area conditions.
4 This Permit may be cancelled or suspended at any time by the Fire Chief ortheir designate and immediately upon receiving notice of
such cancellation or suspension; the Permitee shall extinguish any fire started under this Permit
5. The Permitee shall keep this Permit at the site of the burning operation conducted under the Permit. The person in charge of the
burning operation shall produce the Permit to any official of the Cavan Monaghan Fire Department or the City of Patnrborough Fire
Department (North Monaghan Ward only) when requested to do so.
6. The Permitee shall have at the location ot the tire, at leastone adult, along with firefighting equipment in serviceable condition, as
follows: Garden hose or otherwater source to extinguish the fire as required.
7. A penalty may be iasued at the discretion of the Fire Chief when any or all of the following conditions apply:
a. An alarm is activated;
b. Emergency manpower and emergency equipment is dispatched;
c. Damage occurs to life or property,
d. The Owner and/or Tenant is not in possession ot a valid Permt.
8. Any person settng, maintaining or allowing to burn a fire and all Owniers of property upon which a tire is set, maintained or alloyed to
burn in the open air shall:
a. be responsible for any damages to property occasioned by said fire; and
b. be liable for the cost of any firefighting equipmentand personnel necessary to extinguish said fire, including aid from neighboring
departments, together with applicable penalties as set out in Section 3.2 of By-law 2023-25
g. Penalties may be issued as follows:
a. First call
-- A minimum penalty as per the MunicipeliWs User Fees and Charges By-law. Mien costs of resources and manpower
exceed the minimum penalty the Fire Chief, at their discretion, may add an additional penalty based on a formula of the Ministry of
Transportation of Ontario ("MTO") hourly rate times each Fire Department unit dispatched per hour. Any special equipment needed, not
limited to Ministry of Natural Resources, other Fire Departments, or third party contractors, etc., will be .,will be billed at cost plus an
additional amount 15% cost to cover up to S5W0.0D and 10% on any extraordinary expense exceeding S5000.OOto cover
administrative expenses in accordance with the Township's User Fees and Charges By-Law
b. Subsequent calls
-- Penalties for subsequent calls will be invoiced to cover costs incurred by the Fire Departmont, induding
po'sennel and equipment celled in to extinguish the said firo, based on a formula of tho MTO hourly rato times each Fire Department unit
dapatched pa' hour. Any epedal equipment needed, not limited to Ministry of Natural Resources, other Fire Departments, or third party
cont,ctcws, etc.. Wli be billed an cost plus an additicnai amount 15% cost to cover up to $500003 ano 10% on any exlrsoroinary
expense exceeding SC0 00 to cover adnnn sraive esoenses in accordance v.tb the Tosaiship's L'ser Fees ard Charges Ry-Law
ID Any urçc area-s oulstarc rg vi". be !o-.nuc to the ti'uniopal!ty's Pira,cc Depatiront cc cdeotisns. as per lhe Amarts
Recaivada Cdleclens °dicy
ii
All slash and land-dealing debris shari bo in piles or wiid rows at least 3m (1&) apart
12. Burning Brush Piles is prohibited 30 minutes before sunsol until 30 minutes after sunrise any thy, unless by speoai permission.
This does not apply to a Camptire
If you have any questions, pleaae call Fire Oepartmeni Administration at 7o5'932'2T65.
Signature of Owner
Signature ot Appovor
Page 6