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Corporation of the City of Clarence-Rockland
By-law 2022-59
A by-law to regulate the setting of fires in open air within the City of
Clarence-Rockland and to amend by-law 2022-33, being a by-law to
establish an Administrative Monetary Penalty System.
Whereas Council of the Corporation of the City of Clarence-Rockland is
empowered under section 7.1(1) (a) of the Fire Protection and
Prevention Act, as amended, to pass by-laws regulating fire prevention,
including the prevention of the spreading of fires; and
Whereas Council is empowered under section 7.1(1) (b) of the Fire
Protection and Prevention Act, to pass by-laws regulating the setting of
open-air fires, including establishing the times during which open air
fires may be set; and
Whereas Council is empowered under section 128 of the Municipal
Act, 2001, as amended, to pass by-laws to prohibit and regulate public
nuisances, including matters that, in the opinion of Council, are, or
could become or cause public nuisances.
Therefore, the Council of the City of Clarence-Rockland enacts as
follows:
1. Definitions
In this By-law:
1.1.
Applicant means the person making an application for a permit
under this by-law;
1.2.
Barbeque means a portable or fixed device designed and
intended solely for the cooking of food in the open air,
including a wood burning barbeque, or a smoker, but does not
include burn barrels, fire pits, outdoor fireplaces, or
campfires;
1.3.
Burn Barrel means a 'clean' (not chemically contaminated),
non combustible, enclosed container barrel, intended to hold
a small fire for burning wood and small branches, the size of
which does not exceed 76cm in diameter (30in) and 88cm in
height (35in);
1.4.
Campfire means an open-air fire where the size of burn area
(containing all burning and burnt materials) does not exceed
76cm (30 in) in width/diameter and 60cm (24 in) in height, is
not covered by a spark arresting cover, and that is set and
maintained solely for the purposes of cooking food, providing
warmth and recreational enjoyment;
1.5.
Compost material means waste material of Type III, as
defined in the City of Clarence-Rockland Waste
Management By-Law, as amended from time to time;
1.6.
City means the municipal corporation of the City of Clarence
Rockland;
1.7.
Fire Ban means a ban put in place by the Fire Chief or
designate to prohibit setting or maintaining of open-air fires
(including campfires), but does not include burn barrels,
wood burning barbeques, fire pits, or outdoor fireplaces,
provided they are constantly monitored;
1.8.
Fire Chief means a person appointed by the Council of the City
of Clarence-Rockland to carry out the duties and
responsibilities of fire prevention and any person who has been
designated to administer and enforce this By-law;
1.9.
Fire Department means the Fire Department for the
Corporation of the City of Clarence-Rockland
1.10. Fire Pit means a constructed fire pit (e.g., a circular pit such as
a rim), where the burning section is not more than 75cm (29.5
in) in diameter which is set and maintained solely for the
purposes of cooking food, providing warmth and recreational
enjoyment;
1.11. Highway includes a common and public highway, a main road
or thoroughfare, such as a street, boulevard, or parkway,
available to the public for use for travel or transportation and
includes the area between the lateral property lines thereof;
1.12. Land Clearing materials means trees, roots, stumps, and dirt
resulting from the clearing of lands covering an area of 0.5
hectare (1.2 acres) or more;
1.13. Maintain means to allow a fire, including an open-air fire, to
continue to burn and "maintained" and "maintaining" have the
corresponding meaning;
1.14. Municipal Law Enforcement Officer means an officer appointed
to enforce the provisions of City By-Laws by virtue of
Section 15 of the Police Services Act, R.S.O. 1990, Chapter
P.15, as amended;
1.15. Open air fire means the burning of material such as wood,
tree limbs and branches in a burn pile no bigger than 5m
(15ft) in width/diameter, and no more than 3m (10ft) in
height, where the flame is not wholly contained and/or
there is no spark arrester in place and includes campfires,
but does not include fire pits, outdoor fireplaces, burn
barrels or barbecues;
1.16. Outdoor fireplace means a manufactured, non-combustible,
enclosed container designed to hold a small fire for
decorative purposes and the size of which does not exceed
76cm (30in) in any direction and includes, but is not limited
to a chiminea;
1.17. Permit means a burning permit issued under this by-law which
grants a privilege to set an open- a i r fire (including a
campfire) or use a burn barrel, fire pit, or an outdoor
fireplace;
1.18. Permit Holder means the person to whom a burning permit is
issued;
1.19. Set means to light a fire, including an open- a i r fire, and
"setting" has the corresponding meaning;
1.20. Total Fire Ban means a ban put in place by the Fire Chief or
designate which shall prohibit the setting or maintaining of
any type of fire, including open air fires, burn barrels, wood
burning barbeques, fire pits, and outdoor fireplaces;
1.21. Urban Area means the area set out in the current Clarence-
Rockland Zoning By-Law.
1.22. Waterbody means a natural bay, lake, watercourse, or canal
other than a drainage or irrigation channel;
1.23. Woodlands means land as specified in accordance with the
Forestry Act, R.S.O. 1990 C.F.26.
2. General interpretation
2.1.
No person shall set or maintain a fire of any kind, including an
open-air fire, a burn barrel, a fire pit, or an outdoor fireplace,
without having obtained a permit issued by the Fire Chief or
their designate.
2.2.
The Fire Chief or their designate is hereby responsible and
authorized to:
a) issue permits as provided in this by-law;
b) sign all permits on behalf of the City;
c) limit the time for which a permit is issued for open air
fires to a maximum of one calendar year;
d) undertake any investigation or inspection for the purpose of
administering this by-law; and
e) advise the applicant of any additional precaution(s) to be
taken in order to keep the fire under control at all times.
2.3.
The permit referred to in this by-law is to grant, to an
applicant, the permission to set a fire as outlined in the
permit.
2.4.
The Fire Chief or their designate shall evaluate an application
for a permit under this By-law and may require that the
applicant provide a bond or other security sufficient to cover
the cost of extinguishing such fire.
2.5.
The Fire Chief or the Municipal Law Enforcement Officer may:
a) demand that a permit issued under this bylaw be produced
for inspection from any permit holder;
b) inspect any premises for which a permit has been applied
for, or issued under this bylaw; or
c) enter, at all reasonable times, upon any property in order
to ascertain whether the provisions of this by-law are
obeyed and to enforce or carry into effect this by-law.
3. General requirements
3.1.
A burn barrel shall:
a) be in good condition; and
b) be equipped with, and may only be used with a spark
arresting heavy metal screen which completely covers the
top of the barrel (the burning area); and;
i.
all burning/burnt material with openings no bigger
than 1.3cm (0.5 in) designed to stop sparks and
embers from leaving the burn area; and
ii.
ventilation holes in the side of the burn barrel shall not
be larger than 1.3cm (0.5in.), or shall be covered in a
spark arresting mesh;
c) sit on and be ringed by a non-combustible material,
separated from grass and any other vegetation or
combustible material by a distance of at least 50cm (18 in)
by means of clean earth, sand, gravel or other non-
combustible medium; and
d) be a minimum of 5m (15 ft) from any property line,
building, deck, porch, tree, shrub, etc. (including the 5m
(15 ft) diameter in the airspace above the burn barrel).
For further clarity, should a burn barrel be used without the
screen mesh, it would be considered an open-air fire and
would need to comply with permits and other requirements
for such a fire.
3.2.
A campfire shall:
a) be contained within an area established for such purpose;
and
b) be set on and be ringed by a non-combustible material,
separated from grass and any other vegetation or
combustible material by a distance of at least 50cm (18
in) by means of clean earth, sand, gravel or other non-
combustible medium; and
c) be at a minimum of 5m (15 ft) from any property line,
building, deck, porch, tree, shrub, etc. (including the 5m (15
ft) diameter in the airspace above the campfire).
3.3.
A fire pit shall:
a) be equipped and used with a spark arresting heavy metal
screen which completely covers the burning area and all
burning/burnt material with openings no bigger than 1.3cm
(0.5 in) designed to stop sparks and embers from leaving
the burn area; and
b) be resting on/in and ringed by a non-combustible
material, separated from grass and any other vegetation
or combustible material by a distance of at least 50cm
(18 in) by means of clean earth, sand, gravel or other
non-combustible medium; and
c) be at a minimum of 3m (10ft) from any property line,
building, deck, porch, tree, shrub, etc. (including the 3m
(10ft) diameter in the airspace above the fire pit).
3.4.
An open-air fire (excluding a campfire) shall be a minimum of
10m (30ft) from any property line, building, deck, tree, shrub,
etc. (including the airspace above the open-air fire that
equals the size of the burn pile.
3.5.
An outdoor fireplace shall:
a) be equipped and used with a spark arresting heavy metal
screen which completely covers the burning area and all
burning/burnt material with openings no bigger than 1.3cm
(0.5 in) designed to stop sparks and embers from leaving
the burn area; and
b) be set on and ringed by a non-combustible material,
separated from grass and any other vegetation or
combustible material by a distance of at least 50cm (18
in) by means of clean earth, sand, gravel or other non-
combustible medium; and
c) be at a minimum of 3m (10ft) from any property line,
building, deck, porch, tree, shrub, etc. (including the 3m
(10ft) diameter in the airspace above the outdoor
fireplace).
4. General prohibitions
4.1
No person shall set or maintain a fire, including an open-air
fire, between dusk and dawn except for a burn barrel,
barbeque, campfire, fire pit and an outdoor fireplace.
4.2
No person shall set or maintain a fire, including an open-air
fire for the purpose of burning compost or toxic material.
4.3
No person shall set or maintain a fire of any kind unless it is
competently supervised at all times.
4.4
No person shall place into a fire, or otherwise allow the
burning of compost, plastic, rubber, or other toxic
materials.
4.5
No person shall set or maintain a fire, including an open-air
fire for the purpose of burning leaves, grass, hay, or any
other debris from land clearing activities.
4.6
No person shall set or maintain a fire in the open air so as to
cause nuisance smoke to neighboring properties or
highways.
4.7
No person shall set or maintain an open- a i r fire which
includes a campfire when a fire ban on open air fires has
been issued by the Fire Chief.
4.8
No person shall set or maintain a fire of any kind, including
wood burning barbeques, burn barrels, fire pits, outdoor
fireplaces, or any other type of open-air fire when a total fire
ban has been issued by the Fire Chief.
5. Restricted areas
5.1
No person shall set or maintain an open-air fire which
includes a campfire or set a fire in a burn barrel within the
limits of an urban area, except for a propane or natural gas
outdoor fireplace approved and bearing the Canadian Safety
Association or Underwriters Laboratories of Canada marking,
or a fire for which a special permit is issued under this by-
law;
a) Section 5 . 1 . shall not apply to properties or lots
abutting a waterbody.
5.2
No person shall:
a) set or maintain a fire in a fire pit or outdoor fireplace
within 30m (100ft) from woodlands; or
b) set or maintain a fire in a burn barrel, an open-air
fire, or any other fire within 100m (300ft) from
woodlands.
If the ground is completely snow covered, the distances
referred to in this sections 5.2 a) and 5.3 b) shall be
reduced to 15m (50ft) from woodlands.
6. Exemption - permit not required
6.1
No permit shall be required for the following:
a) the use of a barbecue as defined, for the sole purpose of
cooking food, provided the barbeque is supervised at all
times while lit and is placed a minimum of 1m (3ft) from
any structure (excluding a deck or porch);
b) the use of an outdoor propane or natural gas fireplace,
approved and bearing the Canadian Safety Association or
Underwriters Laboratories of Canada marking and be
located a minimum of 1m (3ft) from any property line,
building, deck, porch, tree, shrub, etc.;
c) for training and educational purposes conducted by the
City's fire department; and
d) for fires related to City municipal operations.
7. Obstruction
7.1
No person shall obstruct, hinder, or interfere with the Fire
Chief or a Municipal Law Enforcement Officer in the lawful
performance of their duties.
7.2
No permit holder shall:
a) fail or refuse to produce the permit upon demand; or
b) use the permit to set and/or maintain a type of open-air
fire other than the type allowed by the type of permit in their
possession.
7.3
If any person or permit holder contravenes any provisions of
this by-law, the Fire Department may enter upon any land to
extinguish the fire. The City may recover expenses for
extinguishing such fire in conformance with the current
municipal User Fee bylaw, as amended.
8. Applications
8.1.
No person shall be deemed to have been issued a permit until
the Fire Chief has issued the permit.
8.2.
Every permit issued under this by-law shall remain the
property of the City and such permit is not transferable to
any other person or property.
8.3.
No person shall give false or incorrect information for
the purpose of obtaining a permit.
8.4.
The onus of procuring a permit shall be that of the person
requiring a permit.
9. Conditions for issuance of a permit
9.1.
A fire permit shall be issued when the Fire Chief is satisfied
of the following:
a) That the fire will be controlled by the permit holder at
all times;
b) That the proposed fire complies with the requirements
set out in this by-law;
c) That firefighting equipment to control fire, such as a
rake, shovel or water is immediately available on site;
d) That the burning material will not cause excessive
smoke or fumes; and
e)That the applicant has duly paid the permit fee as
prescribed in the current City of Clarence-Rockland's User
Fee By-law.
9.2
A special occasion permit may be issued for proposed fires
that may deviate from the requirements of this by-law, for a
specific date or a determined period, if the Fire Chief is
satisfied of the following:
a) That the applicant possesses a valid Fire Permit;
b) That an inspection of the proposed location and
circumstance of the fire reveals that the proposed fire will
not cause any undue fire hazard;
c) That appropriate restrictions have been imposed as a
condition to the permit, including but not limited to, time of
day, size of fire area, requirements for fire control, as may
be warranted in order to reduce any potential fire risk;
d) That the applicant who has applied for more than three (3)
special permits in the current calendar year, has duly paid
a special inspection fee as prescribed in the current City of
Clarence-Rockland's User Fee By-law.
9.3
A permanent fire permit for a fire pit or outdoor fireplace may
be issued if the Fire Chief is satisfied of the following:
a) That the applicant has duly paid a special inspection fee
as prescribed in the current City of Clarence-Rockland's
User Fee By-law;
b) That the inspection of the property provides that all
requirements under this by-law are met and will
continue to be met for the duration of the permit.
9.4. A permanent fire permit, as issued, shall remain with the
permit holder and shall not be transferable to a new owner
or tenant of the affected property.
9.5. Every permit holder shall contact the Open-Air Fire phone line
as indicated on their permit or register their intention on setting
an open-air fire by logging in their burnpermits.com account.
before setting an open air, fire and must follow the instructions
provided.
9.6
Every permit holder shall consent to having their contact
phone numbers entered into a mass notification system
maintained by the City for the purpose of advising permit
holders of fire bans, and/or total fire bans. It shall remain the
responsibility of the permit holder to be aware at all times as
to whether a fire ban is in place prior to setting a fire of any
kind.
9.7
The applicant shall indemnify and save harmless the City of
Clarence Rockland from any and all claims, demands, causes of
action, losses, costs, or damages that the City of Clarence-
Rockland may suffer, incur or be liable for resulting from a fire,
including open air fires as set out in the by-law whether with or
without negligence on the part of the applicant, the applicant's
employees, directors, contractors, and agents.
10. Suspension/revocation
10.1
The Fire Chief may, by notice, suspend any burning at any
given time due to adverse weather condition that may
increase fire hazards.
10.2
The Municipal Law Enforcement Officer or the Fire Chief or
their designate may revoke or suspend any or each of the
permits issued to any person for cause and without limiting
the generality of the foregoing for:
a) a breach of the law; or
b) any violation of the provisions of this by-law.
10.3. The provisions of Section 36 may be exercised in addition to
any prosecution or other legal action.
11. Enforcement
11.1. The provisions of this By-law shall be enforced by the Fire Chief, or
other individual duly appointed for the purpose of enforcing this
By-law.
11.2. The Fire Chief may carry out an inspection to determine if the
provisions of this Bylaw are being complied and shall have the right
to enter lands pursuant to the Municipal Act, 2001.
12. Offence and penalties
12.1. Any person who contravenes any provision of this By-law shall be
liable to pay the City an Administrative Monetary Penalty, upon
issuance of a penalty notice in accordance with the City of
Clarence-Rockland Administrative Monetary Penalties System
(AMPS) By-law, as may be amended from time to time.
12.2. Any person who contravenes any provisions of this by-law is guilty
of an offence and upon conviction shall forfeit and pay a penalty as
provided for in the Provincial Offences Act, R.S.O. 1990, Chapter
P.33 and amendments thereto;
12.3. Each day that a person contravenes with the provisions of this By-
law, may constitute a separate offence.
13. Severability
13.1. If any provision or part of this By-law is declared by any court or
tribunal of competent jurisdiction to be illegal, inoperative, or ultra
vires, in whole or in part, or inoperative in particular circumstances,
the balance of the By-law, or its application in other circumstances,
shall not be affected and shall continue to be in full force and
effect.
15. Order Prohibiting
15.1. When a person has been convicted of an offence under the
provisions of this By-law, any court of competent jurisdiction
thereafter may, in addition to any other penalty imposed on the
person convicted, issue an order prohibiting the continuation or
repetition of the offence or the doing of any act by person convicted
directed towards the continuation or repetition of the offence.
16. Short Title
16.1. This By-law may be referred to as the "Open Air Burning By-
law".
17. Amendment to AMPS By-law No. 2022-33
17.1. That By-Law No. 2022-33 be amended in order to add Schedule
A-5, being the Administrative Monetary Penalty System (AMPS)
Penalty Schedule for Open Air Fires By-Law.
18. Repeal
18.1. That By-law No. 2017-92 is hereby repealed on the date this By-
law comes in force and effect.
19. Effective date
19.1. This By-law shall take effect on July 5, 2022.
Read, passed, and adopted in open council this 20th day of June 2022.
Mario Zanth, Mayor
Mario Zanth
Signé avec ConsignO Cloud (28/06/2022)
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Monique Ouellet, Clerk
Monique Ouellet
Signé avec ConsignO Cloud (21/06/2022)
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