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A by-law to provide for regulation and control for the setting of fires,
the prevention of fires, and the removal of fire hazards.
WHEREAS
Section
7. 1
of the Fire Protection
and Prevention
Act, 1997, S. O.
1997,
c. 4
as
amended,
authorizes the Council of a Municipality to pass by-laws
regulating the setting of open air fires, including establishing the times during which open
air fires may be set, and otherwise regulating fire prevention including the prevention of
the spreading of fires;
AND WHEREAS
it is deemed advisable to exercise the authority conferred
by
the said Act within the Municipality of Central Elgin;
NOW THEREFORE the Council of the Corporation of the Municipality of Central
Elgin hereby enacts as follows:
1. 0
DEFINITIONS
In this by-law:
1.
1 "
Chief
Fire Official" means the Fire Chief of the Municipality of Central
Elgin or a member or members of the Fire Department designated
by the
said Fire Chief.
1. 2 "
Council" means the Council of the Municipality of Central Elgin.
1. 3 "
Controlled
Burn"
is
defined
as
a
burn
that
has
been
authorized,
in
writing, by the Chief Fire Official for the Municipality and is under the
control of the Fire Department.
1. 4 "
Dangerous
Conditions"
means:
a) A lack of precipitation which, in the opinion of the Chief Fire Official,
increases the risk of the spread of fire;
b) Winds
which, in the opinion
of the Chief
Fire
Official, increases
the
risk of the spread of fire; or
c) Any other condition declared
by the Chief Fire Official
to be a
dangerous
condition, from time to time, which increases
the risk of the
spread
of fire.
1. 5 "
Equipment and Resources" means sufficient personnel and equipment
such as rakes, shovels, backhoes, bulldozers, front- end loaders, or water
on -site required
to control a fire.
1. 6 "
Enclosed
Fire"
means
a
fire
set
in
a
container
constructed
for
incineration
purposes
according
to the specifications
of the Ontario
Fire
Code.
1. 7 "
Fire"
means
any fire
set
in the
open
air by any
person
within
the
boundaries of the Municipality, but does not include an enclosed fire.
1. 8 "
Fire Department" means the fire department of the Municipality.
1. 9 "
Municipality" means the Municipality of Central
Elgin.
1. 10 "
Fire Code" means O.Reg. 388/ 97 made under the Fire Protection and
Prevention Act 1997, S. O. 1997, c.4, as amended.
1. 11 "
Permit"
means the permit issued by the Chief Fire Official signifying
permission to set a fire and establishing the conditions under which the
permit is granted.
1. 12 "
Person"
means
any
individual,
association,
firm,
partnership,
corporation,
agent, or trustee,
and
their
heirs, executors,
or
other
legal
representatives of such person.
2. 0
General Provisions
2. 1
Subject to that set forth below, no person shall set a Fire or allow a Fire to
burn without first having obtained a Permit from the Chief Fire Official.
2. 2
Subject to that set forth below, no person being the owner or occupant of
lands and/ or premises within the Municipality shall set a Fire or allow a
Fire to be set or otherwise burn on such lands unless a Permit has been
issued by the Chief Fire Official in respect of that Fire.
2. 3
Notwithstanding
but
without
limiting
the
generality
of the
foregoing
prohibitions
and in addition
to that set forth above, no person
shall set or
maintain
a Fire:
a)
in
contravention
of
the
Ontario
Fire
Code,
the
Environmental
Protection Act, or any other statutory requirements of the Province of
Ontario or the Dominion of Canada;
b)
on any highway or other public property within the Municipality;
c)
in any park owned or operated by the Municipality without the written
permission of the Municipality;
d)
at a distance
of less than
4. 5 metres
from
any building, structure,
hedge, fence, vehicular
roadway of any kind or nature, or overhead
wiring on any property within the Municipality;
e) at a distance of less than 4. 5 metres from any property line;
f)
unless
there
is
space
clear
and
free
from
combustible
materials
around the perimeter of such Fire of at least nine ( 9) metres;
g)
where the consumption of material will exceed the limit set by the
Chief Fire
Official;
h)
in violation of any term, condition, or requirement set forth in a Permit
issued by the Chief Fire Official;
i)
unless the Equipment
and Resources
designated
on the Permit are
available at the Fire site at all times during the Fire;
j)
unless the person to whom the Permit has been issued or such other
person as may be designated in the Permit is in attendance at the Fire
in a responsible
and supervisory
capacity at all times until such
Fire
has been completely extinguished;
k) on any site, or in the vicinity of any site, where construction or related
activities are carried on; and
1)
in any outdoor fireplace or any other burning appliance unless same is
approved
by the Chief Fire Official.
2. 4
No fire
in the
open
air shall
be maintained
when
the
wind
is
in such
a
direction or intensity to cause any of the following:
a)
The possible spread of the Fire beyond the approved burn site;
b)
A decrease in the visibility on any highway or roadway; or
c)
Any odour to such an extent or degree so as to cause discomfort
to persons
in the immediate
area.
2. 5
No Permit will be required for and this by-law does not prohibit the use of
a Fire for legitimate cooking or heating purposes so long as the said Fire
is contained in an area not exceeding one ( 1) cubic metre in accordance
with Section 2. 6. 3.4 of the Ontario Fire Code and provided further that
such Fire is fuelled only by natural gas, propane, charcoal, or clean, dry
wood.
2. 6
Any Fires under the direct and constant supervision and control of the
Central Elgin Fire Department
are exempt from the application
of this by-
law.
3. 0
Issuance
of Permit
3. 1
At least twenty-four (24) hours prior to the date upon which it is intended
to set a Fire, the person intending to set such Fire shall complete, sign,
and submit an Application
for a Permit to do so to the Chief Fire Official
or
his or her designate, which Application
shall be of a form and content as
specified
by the Municipality; provided that, if the person intending
to set
the Fire is not the owner of the lands and premises upon which the Fire is
to be set, the Application
will also be signed by the owner or owners of
such lands and premises or his or her authorized legal representative.
3. 2
The Applicant, at the time of submission
of the Application
for the Permit
referred
to above, shall pay to the Municipality
any fee chargeable
for
such Permit.
3. 3
The Chief Fire Official or his or her designate
shall review the Application
for a Permit as referred
to
above within
a reasonable
time
after its
submission
and, if necessary, conduct an inspection of the site of the
intended
Fire and may thereafter issue a Permit to the Applicant and
owner or owners of the said lands and premises authorizing the intended
Fire to be set and maintained, which Permit shall also specify the terms
and conditions
under which
such
Fire is to be set and maintained.
3. 4
A person to whom a Permit is issued pursuant to this by- law shall set and
otherwise
maintain
such
Fire
in
strict
compliance
with
the
terms
and
conditions of that Permit, this by-law, and any other federal, provincial, or
municipal statute, regulation, by-law or other enactment.
3. 5
If the owner or owners of lands and premises upon which a Fire is to be
set and maintained under authority of a Permit issued pursuant to this by-
law is not the person to whom such Permit was issued, then such owner
or owners, in addition
to such
Permittee,
is responsible
for the conduct
of
such Permittee in relation to any such permitted Fire, including but not
necessarily
limited to any violation
of the terms and conditions
of such
Permit.
4. 0
Administration and Enforcement
4. 1
This by-law shall be administered and enforced by the Chief Fire Official
or his/ her designate.
4. 2
Notwithstanding
the prohibitions
set forth in Section 2 of this by- law, the
Chief
Fire Official may revoke any or all Permits issued pursuant to this
by-law at any time or otherwise
refuse to issue Permits where, in the
opinion
of
the
Chief
Fire
Official, the
ability
to
control
any
Fire
is
hampered
by the existence of any dangerous condition at or near the
proposed site of the said Fire.
4. 3
The owner or owners of lands and premises are responsible for the
conduct of an authorized occupant of such lands and premises in relation
to the setting and/ or maintaining
of Fires upon such lands and premises,
including but not limited to setting and/ or maintaining of Fires in violation
of this by-law.
4. 4
Any
person
who
violates
the
provisions
of this
by- law
is guilty
of an
offence and, upon conviction in a Court of competent jurisdiction, is liable
to a fine and any other penalty as provided for in the Provincial Offences
Act,
R. S. O.
1990,
Chapter
P. 33,
as
amended,
or
any
successor
legislation thereto.
4. 5
In addition to that set forth immediately above, a person who knowingly
provides false or misleading information for the purposes of obtaining a
Permit pursuant to this by-law is guilty of an offence and, upon conviction
in
a
Court
of
competent jurisdiction, is liable to a fine and any other
penalty as provided for the Provincial Offences Act, R.S. O. 1990, Chapter
P. 33, as amended, or any successor legislation thereto.
4. 6
In addition to any penalty upon conviction
as set forth above, if any
violation
of
this
by- law
results
in
costs
for
control,
suppression,
or
extinguishment
of any Fire, including
but not necessarily
limited to the
costs of attendance of members of the Central Elgin Fire Department and
any related vehicles and equipment, then the person setting or in control
of such Fire and/ or the owner or owners of the lands and premises upon
which such Fire was set, may, at the discretion
and instance of the Chief
Fire
Official,
be liable
to the Municipality for all such costs
as were
reasonably incurred
in the control, suppression, and extinguishment of
such Fire; provided that the minimum such charge shall be in the amount
of FIVE
HUNDRED
DOLLARS ($
500. 00); and provided further that any
such charge shall be subject to applicable taxes as a fee payable to the
Municipality.
4. 7
In
the
event
that
the
owner
or owners
of lands
and
premises
fail
to
reimburse
the
Municipality
for
the
costs
of
control,
suppression,
and
extinguishment
of any fire as set forth
above, the amount
of such
costs
shall be added to the tax roll for the property upon which the Fire had
occurred and thereafter collected in the same manner as municipal taxes.
5. 0
Miscellaneous
5. 1
In the event that any of the provisions of this by-law are deemed or found
or declared to be ultra vires by any Court of competent jurisdiction, then
such provision shall be deemed to be severable and the remaining terms
and provisions of this by-law shall remain in full force and effect.
5. 2
By -Law No. 194 for the Corporation of the Municipality of Central Elgin is
hereby repealed.
5. 3
The
effective
date of this by-law shall
be the date of final
passage
hereof.
READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS
24T" DAY OF MAY, 2005.
D '
N. Leitch
Chief Administrative
Officer/ Clerk
David
Rock
Mayor