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CORPORATION OF THE TOWNSHIP OF EAST GARAFRAXA
BY.LAW NUMBER 07-2009
BEING A BY-LAW TO
REGULATE THE SETTING OF
FIRES AND PREVENT THE
SPREADING OF FIRES AND
ESTABLISH A FIRE PERMIT
SYSTEM
WHEREAS, pursuant to Section 475 Subsection 7.1 of the Municipal Act, 2001, as
amended, Council may pass By-Laws to establish regulations for preventing fires and
the spread offires,
AND WHEREAS the Ontario Fire Code provides for the prevention and control of open
air burning,
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF EAST GARAFRAXA HEREBY ENACTS AS FOLLOWS:
No person shall set or maintain a flre in the open air without first having
obtained a permit from the Township of East Garafraxa Municipal Office.
The permii shall be as set out in a form, or substantially the same form, as
Schedule A to this bylaw.
The permit, as described in Section 1, must be produced upon request by
the Fire Chief or his/her designate or a Municipal By-Law Enforcement
Officer for the Township of East Garafraxa.
Permits issued under this By-Law shall be valid for the duration of the
calendar year of issue.
Where a permit has been issued under Section 1, the permit holder shall
comply with the following regulations:
a.
The lire must be underconstant supervision and control from the
time of lighting until it is totally extinguished;
The ire must be located no closer than 1 5 metres (50 feet) from
any building, structure, hedge, fence, road or overhead wire or
obstruction of any kind;
There must be a space free and clear of combustible material
around the perimeter of such fire of at least 4.5 metres (1 5 feet);
A fire shall not be burned during periods of dry conditions or
drought or when a prohibition has been declared pursuant to
Section 9 of this by-law;
A fire shall not be bumed when the wind velocity exceeds 16
k.p.h. (10 m.p.h.);
The dimension of a fire shall not exceed 3 metres (1 0 feet) in
diameter for rural properties;
The dimension of a fire shall not exceed 1 metre (3 feet) in
diameter or 2 metres (6 feet) in height for urban properties;
Only one fire on a property at any one time shall be burned;
A fire permit is issued only for the burning of wood (excluding
wood treated with paint and/or preservatives), by-products of
wood and vegetation in a controlled and responsible manner.
The burning of tires, materials such as paint, asphalt material,
chemical wastes or any other materials considered to create
excessive smoke or any materials that the Minisiry of the
Environment states cannot be burned is prohibited;
All persons setting open fires shall be totally responsibie and
liable for any damage to property occasioned by the said fire,
whether or not approval has been issued;
All persons setting open fires shall be liable for the cost of any
flre fighting equipment and personnel necessary and called in to
extinguish the said fire, if conditions of the permit are not
complied with:
Any person obtaining a ire permit shall provide a municipal
address, including lot, concession and emergency number or
street name and house number, and nearest access road to
where the fire is to be set. A fire permit will not be issued unless
the emergency number or street number is posted and clearly
visible from the road.
The Township may at their discretion, cancel or suspend a fire permit at
any time and may ban the lighting of flres out of doors at any time. A
permit holder shall extinguish any llre started under the permit and
refrain from lighting fires out of doors during a ban;
This By-Law shall not apply to portable barbecue appliances.
ln the event any person proposes to start or set a fire which is larger
than the maximum size provided in Section 4 such person shall contact
the Fire Chief, or his/her designate, to request a site inspection. lf the
Fire Chiet or his/her designate deems it necessary to conduct an on site
inspection, afee as required bythe Fire Chiefshall apply. The Fire Chief
or his/her designate may or may not authorize the fire to be ignited,
subject to such conditions as the Fire Chief or his/her designate may
impose, issued in writlng. The person requesting permission for this
authorization shall comply with all provisions of the permit.
Any flre authorized under this By-Law must not in any way cause
discomfort, danger, irritation or create a nuisance for other residents of
the Township of East Garafraxa and must comply with all relevant
provisions ol the Environmental Protection Act, R.S.O. 1990, Chapter
E.1 9.
The Fire Chief or his/her designate is authorized to order any person to
extinguish any fire or to cause such flre to be extinguished when there
is a breach of any of the provisions of this By-Law or where, in his/her
opinion, there is a danger of such llre spreading or otheruise
endangering life or property and the person shall comply with any such
order.
The Fire Chief or his/her designate may declare a total prohibition
against outdoor burning when in his/her opinion atmospheric conditions
or local circumstances make such fires hazardous and every person
shall comply with such prohibition. All persons setting open air fires are
responsible for phoning the Township of East Garafraxa office at
1-226-259-9400 or checkinq the Township website during dry periods
or any time during the months of Apdl and May to ensure a fire ban is
not in effect.
The Fire Chief, Deputy Fire Chief, Assistant Deputy Chief and the
Municipal By-Law Enforcement Officer appointed by the Township of
East Garafraxa are hereby authorized to enforce the provisions of this
By-Law pursuant to the Provincial Offences Act.
Every person who contravenes any section of this By-Law is guilty of an
offence and upon conviction is liable to a fine of not more than $2,000.00
as provided for in the Provincial Offences Act, R.S.O. '1990, as
amended. Burning activities are also subject to the Ontario Fire Code
which canies a $25,000. fine and/or imprisonment for noncompliance.
Township of East Garafraxa Bylaw Number '14-81 is hereby repealed.
o.
7.
10.
11
12.
8.
9.
2.
J.
4.
b.
d
e.
tJ-
14.
s.
h.
Should any section or sections of his by-law or any parts thereof be
found by the law to be illegal, such section or sections thereof shall be
deemed to be severable so that all sections of the by-law are separate
and therefore enacted as such.
'1 5.
This By-Law shall take effect and come into force on the passing thereof.
BY.LAW READ A FIRST AND SECOND TIME THIS
FEBRUARY 2009.
BY-LAW READ A THIRD TIME AND PASSED THIS
FEBRUARY 2009.
17th
DAY
OF
17th
DAY OF
k.
Allen Taylor
Susan M. Stone
HEAD OF COUNCIL
CLERK