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By-law 81-2016 - Open Air Burning (Burn By-law)
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THE CORPORATION OF THE TOWNSHIP OF GREATER MADAWASKA
BY-LAW NUMBER 81-2016
Being a By-Law for Establishing Requirements to Conduct Open Air Burning
in the Township of Greater Madawaska
WHEREAS the Fire Protection and Prevention Act, 1997, Ontario, Section 7.1 provides
that a municipality may pass by-laws,
(a) regulating fire prevention, including the prevention of the spreading of fires;
(b) regulating the setting of open air fires, including establishing the times during
which open air fires may be set.
And to appoint an officer to enter upon land and into structures at any reasonable time to
inspect the land and structures to determine whether by-laws enacted in accordance with
this section are being complied with;
AND WHEREAS the Municipal Act S.0 2001, Ontario, section 391.1 authorizes a
municipality to impose fees or charges on persons for services or activities provided or
done by, or on behalf of it;
AND WHEREAS, the Council of the Corporation of the Township of Greater Madawaska
deems it expedient to exercise the powers vested in it by the said Acts;
NOW THEREFORE, the Council of the Corporation of the Township of Greater
Madawaska enacts as follows:
1.0 DEFINITIONS
In this By-Law,
Approved Pit means an area of ground that has been completely cleared of
combustible material and lined with sand or mineral soil that will extend a minimum
of 30cm (12 inches) beyond the limit of the fuel used for a Camping Fire.
Authorized Agent means any person authorized by the Fire Chief or the Council of
the Township to carry out those duties.
Burn Barrel means a receptacle used to burn debris with an open outlet covering
mesh equal to or less than 5 mm.
Campfire means an open air fire having a maximum fuel volume of 1 metre x 1
metre x 1 metre (3 feet x 3 feet x 3 feet), that is set or maintained in an approved pit
or outdoor fireplace and is used solely for the purposes of cooking food, providing
warmth or recreational enjoyment.
Council means the elected Council of the Corporation of the Township of Greater
Madawaska.
Household Waste means any solid waste, composed of garbage or rubbish, which
normally originates in a private home.
Incinerator means an enclosed chamber constructed for the purpose of burning
materials with an outlet covering mesh equal to or less than 5 mm.
Open Air Fire means a fire set in the open air for the purpose of burning brush or
other approved combustible material, and includes fires in incinerators and pits, but
does not include cooking fires, campfires and barbeques.
Outdoor Furnace means, but is not limited to, any enclosed device , appliance or
structure that is designed , intended and/or used to provide heat and/or hot water to
any associated structure, that operates by burning wood or any other fuel specifically
meant for that device.
By-law 81-2016 - Open Air Burning (Burn By-law)
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Permit means a permit issued by the Township of Greater Madawaska signifying
permission to set or maintain or allow being set or maintained, an open air fire, and
establishing the conditions under which the permission is granted.
Person includes an association, firm, partnership or corporation.
Prohibited Materials means any materials such as, but not limited to, household
waste, petroleum products, plastics, rubber products, painted lumber, household
contents or any other item that could cause noxious or toxic smoke or fumes.
Township means the Corporation of the Township of Greater Madawaska.
Village/hamlet means the Village of Calabogie as set out in Schedule "C".
2.0 GENERAL REGULATIONS
a. A Permit from the Township or its authorized agent, is required year-round to set,
maintain or allow to be set or maintained, any open air fire that is not a camping
fire as defined in this By-Law and maintained within an approved pit.
b. A Permit is not required for a campfire.
c. During the Provincial Fire Season (1st day of April to the 31st day of October),
pursuant to Ontario Regulation 207/96, the fire shall be started no earlier than
two hours before sunset, and extinguished no later than two hours after sunrise
the following day. No daytime burning.
d. Burning of any prohibited materials as defined in this By-Law is not allowed.
e. Do not burn any materials where the smoke impedes visibility on any public
thoroughfare.
f. Do not burn standing vegetation including grass.
g. Keep the fire 10 metres (30 feet) away from a building or wooded area, or 5
metres (15 feet) away from any other flammable material.
h. Burn only a single pile at any one time
i. Ensure the pile is less than 2 metres in diameter and 2 metres high.
j. No open air fire, with the exception of a campfire, is allowed within the
geographical limits of municipal villages or hamlets as described in Schedule C.
3.0 FIRE BANS
3.1 The Fire Chief or authorized agent may, at any time, and in the exercise of
his/her sole discretion, issue a fire ban prohibiting the setting of any and all open
air fires within any area of the Township based on local conditions.
3.2 While a Level One (1) fire ban is in effect, no person shall at any time set,
maintain or allow any open air fire other than:
- campfires as described in definitions
- enclosed barbeques fueled by propane or charcoal
- outdoor furnaces
- fireworks, chimineas, chinese lanterns, ban busters
- or at the discretion of the Fire Chief or authorized agent
All Fire Permits are suspended; no new Fire Permits may be issued.
3.3 While a Level Two (2) fire ban is in effect, no person shall at any time set,
maintain, or allow any open air fire of any kind other than:
- enclosed barbeques fueled by propane or charcoal
- outdoor furnaces
- or at the discretion of the Fire Chief of authorized agent
All Fire Permits are suspended; no new Fire Permits may be issued
No campfires, fireworks, chimineas, chinese lanterns, ban busters
NO BURNING OF ANY KIND
By-law 81-2016 - Open Air Burning (Burn By-law)
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3.4 The Fire Chief will assess the need for a total or partial fire ban on a daily basis
and will downgrade or cancel the fire ban as soon as possible based on local
conditions.
3.5 Notwithstanding any other provisions of this By-Law, the Fire Chief or agent may
revoke any or all permits, refuse to issue permits where one or more of the
following conditions exist in respect of, or in proximity to, the proposed open air
burning site:
a. A lack of precipitation that, in the opinion of the Fire Chief, increases the
risk of the spread of fire.
b. Winds that, in the opinion of the Fire Chief, increase the risk of the spread
of fire.
c. The issuance, by the Fire Chief, Fire Marshall, or other fire officials (MNR)
in the exercise of his/her statutory powers, of a fire ban.
d. Any other condition that in the opinion of the Fire Chief will increase the risk
of spread of fire.
3.6 The Fire Chief may, at their sole discretion, refuse to issue a requested fire
permit.
4.0 SAFETY
4.1 No person shall, at any time, set, maintain or allow being set or maintained an
open air fire except where:
a. Such fire is under constant supervision of a competent person of 18 years or
older.
b. A valid authorized open air burning permit issued by the Municipality is in
effect.
c. All conditions as detailed on the permit have been followed.
d. Equipment and other resources capable of controlling and extinguishing
open air fires shall be available and maintained at the site until the fire is fully
extinguished.
4.2 Despite an open air burning permit being issued, no person at any time set,
maintain or allow to be set or maintained, an open air fire where the weather
conditions have changed to create dangerous conditions for the setting of the
fire.
4.3 Where an open air burn under a valid permit has been set and the weather
conditions change to the presence of winds in excess of 10 km/hr., the permit
holder shall ensure that the fire is extinguished immediately.
4.4 Every person setting or maintaining a campfire shall ensure that such campfire
is set or maintained in an approved pit or appliance.
5.0 ADMINISTRATION AND ENFORCEMENT
This By-Law shall be administered and enforced by the Fire Chief.
POWERS OF INSPECTION
5.1 The Fire Chief, agent or designate, may, at any time, inspect any open air fire
to ensure the provisions of this By-Law have been complied with, and the
person who is in care and control of the fire shall grant unobstructed access to
such fire.
By-law 81-2016 - Open Air Burning (Burn By-law)
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5.2 Upon inspection, the Fire Chief, agent or designate:
a. Is entitled to request and have produced, any relevant permit(s) issued by
the Township with respect to the open air fire being inspected.
b. May, where there are reasonable and probable grounds that any offence
under this By-Law has been committed, order immediate extinguishment.
In the case where means of extinguishment are not available, call for
resources to extinguish the fire.
6.0 PENALTIES
6.1 Any person who contravenes any provision of this By-Law is guilty of an
offence and shall be subject to such penalties as laid out in this By-Law and the
Provincial Offences Act, R.S.O. 1990, c.P.33 as amended.
6.2 In addition to any fines or penalties levied by a court upon conviction, the
person(s) responsible for setting, maintaining or allowing to be set or
maintained, an open air fire, shall be liable to the Township by way of fees or
charges in accordance with Schedule "A" to this By-Law, on account of those
costs incurred by the Township in:
a. Investigating and responding to a complaint made to the Township or fire
department by any person acting reasonably and in good faith as to a
contravention to this By-Law.
b. The dispatching of fire department personnel and vehicles for the purpose
of extinguishing the open air fire.
c. Where extinguishment requires additional outside resources.
6.3 All fees and charges are payable within a reasonable time at Councils'
discretion.
6.4 All fees and charges payable under this By-Law constitute a debt of the person
liable for payment of them to the Township. In the case of a property owner, the
Township at its discretion, may attach amount owing to property tax roll and
collect in a like manner as municipal taxes.
7.0 PENALTY PROVISIONS
Every person who contravenes, causes, or permits the contravention of any
provision of this By-Law is guilty of an offence and upon conviction is liable to a
fine, pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.
33, as amended.
8.0
SEVERABILITY
A decision of a competent court that one or more provisions of this By-Law are
invalid in whole or in part, does not affect the validity, effectiveness or enforcement
ability of the other provisions or part of provisions of this By-Law
THAT This By-Law rescinds By-Law 47-2016
THAT this By-Law shall come into force and take effect immediately upon the
passing thereof.
READ a first and second time this 28th day of November, 2016
READ a third time and passed this 28th day of November, 2016
____________________
________________________________
Glenda McKay, Mayor
Allison Holtzhauer, CAO/Clerk Treasurer
By-law 81-2016 - Open Air Burning (Burn By-law)
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Schedule "A"
By-Law 81-2016
Item
Short Form Wording
Set Fine
1 Set, maintain or allow open fire without permit
$300
2 Burn prohibited materials
$250
3 Set or maintain an oversized open air fire
$250
4 Set or maintain an open air fire within 10m of building
$250
5 Set or maintain an open air fire within 5m of flammables
$250
6 Burn restricted materials no special permit
$500
7 Burn prohibited materials in incinerator
$250
8 Burn prohibited materials in outdoor furnace
$250
9 Set or maintain fire with underage supervision
$250
10 Set or maintain fire with no control measures on site
$250
11 Set or maintain fire during adverse conditions
$250
12 Campfire not in approved pit
$250
13 Set or maintain fire during level 1 fire ban
$500
14 Set or maintain fire during level 2 fire ban
$500
15 Set or maintain a campfire during level 2 fire ban
$500
16 Set or maintain a fire in an incinerator during level 2 fire ban
$500
By-law 81-2016 - Open Air Burning (Burn By-law)
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SCHEDULE "B"
BY-LAW 81-2016
Schedule of Cost Recovery fees
First offence - Fire Chief or authorized agent may:
- set fine as per Schedule "A"
- firefighter wages and employment cost as set out by current Fees & Charges
By-law (two hour minimum)
- additional time to be calculated on one half hour increments
Second offence - Fire Chief or authorized agent may:
- set fine as per Schedule "A"
- contravention of open air burning fee as set out by current Fees & Charges
By-law - two hour minimum
- additional time to be calculated on one half hour increments
Third offence - Fire Chief or authorized agent may:
- set fine as per Schedule "A"
- contravention of open air burning fee as set out by current Fees & Charges
By-law - two hour minimum
- additional time to be calculated on one half hour increments
- banned from burning for one calendar year
All amounts for outside agencies required to assist with extinguishment will be
added for each offence.
By-law 81-2016 - Open Air Burning (Burn By-law)
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SCHEDULE "C"
BY-LAW 81-2016
The Village of Calabogie, for the purposes of this bylaw, is comprised of the following
areas:
Blake Street
508 - 516
Calabogie Road
4709 - 4987 (South side-odd civic numbers only)
Francis Street
1031 - 1074
Gladstone Street
506 - 516
Lanark Road
12600 - 12830
Leclerc Lane
9 - 17
Madawaska Street
1012 - 1020
Mill Street
504 - 729
Mowat Street
13 - 25
Octagon Lane
15 - 33
O'Neill Point Road
22 - 34
Parnell Street
19 - 23
Trailer Lane
8 - 24
Exception is 758 Mill Street (County of Renfrew Garage)