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THE CORPORATION OF THE MUNICIPALITY OF HASTINGS HIGHLANDS
BYLAW 2020-047
A BYLAW TO REGULATE OPEN-AIR FIRES AND INCINERATOR FIRES IN
ORDER THAT EVERYONE MAY USE FIRE WITHOUT DETRIMENT TO
THEMSELVES, NEIGHBOURS OR THE ENVIRONMENT IN
THE MUNICIPALITY OF HASTINGS HIGHLANDS
WHEREAS section 7.1 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4,
as amended, Council may pass bylaws to establish regulations and precautions for the
setting of fires, including the prevention of the spreading of fires; and regulating the
setting of open-air fires, including establishing the times during which open-air fires may
be set;
AND WHEREAS section 2.4.4.4. (1) of the Fire Code, Ontario Regulation 213/07, as
amended, prohibits open-air fires unless approved, or unless such fires consists of a
small, confined fire, supervised at all times, and used to cook food on a grill, barbeque
or spit and is commensurate with the type and quantity of food being cooked;
AND WHEREAS The Municipal Act, 2001 Subsection 10(2)6 and 8 authorizes a
Municipality to pass bylaws respecting the health, safety and well-being of persons and
the protection of persons and property;
AND WHEREAS section 429 (1), of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides that a Municipality may establish a system of fines for offences
under a bylaw of the Municipality passed under this Act. 2006, c. 32, Sched. A, s. 184;
AND WHEREAS Section 446(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that if a Municipality has the authority by any Act, or under a bylaw,
to direct or require a person to do a matter or thing, the Municipality may also provide
that, in default of it being done by the person directed or required to do it, the matter or
thing shall be done at the person's expense;
AND WHEREAS Section 446 (2) provides for the purposes of subsection (1), the
Municipality may enter upon land at any reasonable time. 2006, c. 32, Sched. A, s. 184;
AND WHEREAS Section 446 (3) and (4) provides that the Municipality may recover the
costs of doing a matter or thing under subsection (1) from the person directed or
required to do it by action or by adding the costs to the tax roll and collecting them in the
same manner as property taxes. 2006, c. 32, Sched. A, s. 184;
AND WHEREAS Council deems it desirable to regulate and prescribe conditions for
open-air fires within the Municipality of Hastings Highlands;
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NOW THEREFORE the Council of the Corporation of the Municipality of Hastings
Highlands enacts as follows:
1.0 Definitions
1.1 In this bylaw:
Adverse effect - means one (1) or more of:
i) Impairment of the quality of the natural environment for any use that can be
made of it;
ii) Injury or damage to property or to plant or animal life;
iii) Harm or material discomfort to any person;
iv) An adverse effect on the health of any person or the impairment of the safety
of any person;
v) Rendering any property or plant or animal life unfit for use by man;
vi) Loss of enjoyment of normal use of property;
vii) Interference with the normal conduct of business; and
viii) Nuisances including, but not limited to, excessive smoke, odour, dust,
airborne sparks, embers or reduced visibility of a traveled portion of any public or
private driveway, roadway or highway.
Approved - means approved in the sole and absolute discretion of the Fire Chief or
his/her designate.
Barbeque - means an appliance or structure designed and intended solely for the
cooking of food in the open air but does not include devices predominantly designed for
personal warmth.
Built-up Area - means an area such as a hamlet, village, town or city which has a lot of
buildings and structures in close proximity.
Burn Barrel - means a metal barrel in sound condition no larger than a 205-litre
container equipped a heavy-duty screen with mesh size not greater than 5 mm over the
top to prevent debris from flying out of the barrel. Vent holes must be punched in the
side for ventilation, and drainage holes in the bottom with adequate clearance from
surrounding vegetation, combustible materials or structures.
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Bylaw Enforcement Officer - means that person or persons appointed by Council for
the purpose of enforcing bylaws and provincial laws and includes a provincial offences
officer.
Campfire - means a fire area no larger than 60 cm in diameter (2 ft by 2 ft) that is used
for cooking or warmth and is supervised at all times by a responsible person; includes
an open-air fire device.
Chief Fire Official - means the Fire Chief of the Corporation of the Municipality of
Hastings Highlands or their designate.
Class "A" Materials - means combustible materials that are generally carbon based
such as wood, paper, leaves, grass and are of a less toxic nature than petroleum-based
combustibles such as plastics.
Combustibles - means any material, combination of materials, or arrangement of
materials in which any portion thereof is susceptible to catch fire when exposed to heat
or flames.
Council - means the Council of the Corporation of the Municipality of Hastings
Highlands.
Dangerous / Unsafe Conditions - means any condition as determined by the Chief
Fire Official that increases the risk of the spread of a fire or is adverse to public safety.
Day Burning - means the use of open-air fires from 7:00 a.m. to 7:00 p.m.
Extinguish - means to be completely put out or quenched so that there is no flame,
smoke, hot or glowing embers remaining.
Fees and Charges - means the schedule of rates and fees approved by the Council of
the Corporation of the Municipality of Hastings Highlands.
Fireworks - means as defined in the Explosive Regulations made pursuant to the
Explosives Act, R.S. c. E-15, s.1 as amended and includes one single item of fireworks.
Fire Chief - means the person appointed by Council to act as Fire Chief for the
Municipality of Hastings Highlands Fire Department and who is ultimately responsible to
Council as defined in the Fire Protection and Prevention Act, 1997, S.O.1997, c.4.
Fire Department - means the Municipality of Hastings Highlands Fire Department.
Fire Season - means that period from April 1 to October 31 when open-air fires are
more strictly regulated due to the increased hazard and potential for loss.
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Flying Lantern - means a small hot air balloon or other device designed to carry an
open flame, such as: an airborne light, also known as Sky Lantern, Chinese Lantern,
Kongming Lantern or Wish Lantern, or other similar devices. These similar devices may
contain a fuel pack, usually a petroleum or wax based fuel, that when lit causes the
lantern to rise.
Hazardous Materials - means materials with properties such as flammability,
corrosiveness, inherent toxicity or is hazardous to human health or the environment.
Incinerator - means an enclosed device, with a chimney, chimney cap and 5 mm
screen used to burn wood, shavings, leaves, and other Class "A" combustibles.
Municipality - means the Corporation of the Municipality of Hastings Highlands.
Municipal Property - means any property under the jurisdiction of the Corporation of
the Municipality of Hastings Highlands.
Noxious Material - includes, but is not limited to petroleum products, tires, plastics,
rubber products, drywall, construction waste (except clean wood products), tar, asphalt
products, pressure-treated wood, creosote-treated wood, painted wood, cardboard, yard
waste and includes hazardous materials.
Officer - includes the Fire Chief or designate of the Municipality of Hastings Highlands
Fire Department, the Bylaw Enforcement Officer, the Ontario Provincial Police, a
Provincial Offence Officer or any person authorized by the Corporation of the
Municipality of Hastings Highlands to regulate or to enforce the provisions of this Bylaw.
Open-Air Fire - means a fire where the flame is not contained within a structure that is
adequately designed and constructed for the purpose and including burn barrels.
Open-Air Fire Device - means any commercially or non-commercially manufactured
device for the purpose of containing a recreational fire which is made of a non-
combustible material and installed in accordance with the manufacturer's
recommendations this includes but is not limited to chimeneas and outdoor fireplaces.
Outdoor Fire Container - means a small non-combustible container used to contain a
small fire and includes but is not limited to chimineas, fire pits, fire bowls, and outdoor
brick fireplaces.
Owner includes -
(a) The person who, for the time being, receives the rent of, or manages or pays the
Municipal taxes on the property in question whether on his own account or as
agent or trustee of any other person; or
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(b) any person, firm or corporation having control over any portion of the building or
property under consideration and includes the persons in the building or property;
or
(c) A purchaser of such land under an agreement for sale who has paid any
Municipal taxes thereon after the date of execution of the agreement by both the
vendor and purchaser; or
(d) A lessee or occupant of the property who, under the terms of a lease, is required
to repair and maintain the property in accordance with the standards for the
maintenance and occupancy of property.
Person - means any individual, property owner, association, firm, partnership,
corporation, agent or trustee and their heirs, executors or other legal representation of a
person.
Property - means a building or structure or part of a building or structure and includes
lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile
buildings, structures, outbuildings, fences and erections thereon, and includes vacant
property.
Responsible Person - means any adult person (18 years of age or older) who is
capable of exercising the required judgment and capable of performing the necessary
actions to control a fire and prevent its unwanted spread.
Restricted Fire Zone - means a complete ban of all open-air fires in a defined area and
is enforced by the Ministry of Natural Resources & Forestry under the Forest Fire
Prevention Act.
Structure - means anything constructed or erected, the use of which requires location
on or in the ground.
Supervise - means a responsible person to watch an activity and make certain that
everything is done correctly and safely by maintaining a constant visual.
Total Fire Ban - means a period of time designated by the Chief Fire Official or their
designate where a total prohibition on all open-air fires is in place and no open-air fires
of any kind, including fireworks shall take place to all land within the municipality of
Hastings Highlands, including:
- All cottages, private and commercial.
- All interior/backcountry camping - lake access, canoe tripping and backpacking; and
- All trails
Not permitted during a fire ban:
- Campfires are not permitted at any time;
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- Charcoal barbeques or biomass units using natural burning fuels (i.e. sticks, twigs,
pinecones, etc.) are not permitted;
- Candles and tiki torches of any type are not permitted;
- Fireworks of all types are not permitted;
- Portable outdoor living gas or propane fire pits or fire bowls manufactured for the
intended purpose of outdoor ambience and recreational enjoyment that produce a flame
are not permitted; and
**Portable gas/propane/naphtha stoves or barbeques that have a fuel source with a
control valve may still be used. Anyone using an outside wood fired boiler as a source
of heat for their dwelling unit and/or hot water are required to have a chimney cap in
place with no larger than ¼" mesh in place and burn with small fires and extreme
caution at this time.
Wood By-products - means wood or wood product, including but not limited to tree
trunks, tree branches, brush, that do not contain chromated copper arsenate,
pentachlorophenol, ammoniacal copper arsenate, creosote, pesticides, paint, or any
other wood treatment chemical and from which easily removable hardware, fittings and
attachments, unless they are predominantly wood or cellulose.
Yard Waste - includes but is not limited to grass, leaves, trees, brush, brush trimmings,
spent flowers, garden plants, weeds, pine needles and hay.
2.0 GENERAL PROHIBITIONS
2.1 No person shall ignite an open-air fire, from between 7:00 a.m. and 7:00 p.m.,
during the period from April 1st to October 31st, which is the Fire Season.
Exceptions: A small contained campfire, maple syrup operations, farm meat
processing and preparation.
2.2 A responsible person shall burn piled wood, brush, or discarded wood by-products
only if:
(a) The fire is ignited at 7:00 p.m. or later and is extinguished at 7:00 a.m. or earlier
during the period from April 1st to October 31st,
(b) The fire is supervised and tended to by a responsible person capable of
extinguishing the fire until the fire is out;
(c) The pile is less than 2 meters in height and less than 2 meters in diameter;
(d) The fire is at least 5 meters from any combustible materials; and
(e) The responsible person capable of extinguishing the fire has adequate tools, water
and human resources to contain the fire.
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2.3 A responsible person shall burn grass and leaves only if:
(a) The fire is supervised and tended to by a responsible person capable of
extinguishing the fire until the fire is out;
(b) The area to be burned is less than 1 hectare;
(c) The length of burning edge is less than 3 meters per person;
(d) The fire is ignited at 7:00 p.m. or later, and is extinguished by 7:00 a.m. or earlier
during the period from April 1st to October 31st;
(e) The responsible person capable of extinguishing the fire has adequate tools, water
and human resources to contain the fire.
2.4 Notwithstanding 2.2 and 2.3 above, no person shall set an open-air fire in a
restricted fire zone or during a total fire ban, including clusters of candles, tiki torches
and any other open flame devices.
2.5 Every Person conducting an open-air fire shall take all reasonable steps to ensure
that adjacent properties and individuals are protected from any fire hazard and are not
adversely affected by the products of combustion including but not limited to smoke, ash
and fumes.
2.6 Any person who sets an open-air fire within the Municipality shall ensure the fire is
supervised and tended to by a responsible person capable of extinguishing the fire until
the fire is out;
2.7 Any person who sets an open-air fire within the Municipality is responsible for the
care, control and containment of the fire until it is completely extinguished.
2.8 Any person who sets an open-air fire within the Municipality shall ensure, if needed,
that they summon assistance from the Hastings Highlands Fire Department without
delay.
2.9 Any person who sets an open-air fire within the Municipality shall ensure adequate
means of extinguishing a fire are available at the site at all times during the fire and, in
particular, that the firefighting materials shall be available where prescribed at all times
during the fire.
2.10 A person who sets an open-air fire and loses control of the fire shall report the fire
and loss of control to the fire department immediately by calling 911.
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2.11 The Chief Fire Official or designate is authorized to order any person to extinguish
any fire when there is a breach of any provisions of this bylaw, or, where in the opinion
of the Chief Fire Official or designate, there is a danger of such fire spreading or
otherwise endangering life or property. All person(s) shall comply with any such order.
2.12 Any person setting a fire contrary to the provisions of this bylaw shall immediately
extinguish such fire.
2.13 Any person setting a fire which they may be unable to prevent from spreading shall
immediately extinguish the fire and may do so at that person's expense. The
Municipality may recover any expenses in doing so by action, or the same may be
recovered in like manner as Municipal taxes.
2.14 Notwithstanding any other Section of this Bylaw, the Chief Fire Official or designate
may authorize a controlled fire of brush piles at a Municipal Waste Disposal/Transfer
Site.
2.15 No person shall burn materials other than Class "A" Materials.
2.16 No person shall burn household waste, human waste or hazardous waste.
3.0 Exceptions
3.1 Barbecues used to cook food shall be exempt from this bylaw provided the following
conditions are followed:
(a) the barbeque shall be supervised at all times; and
(b) the fuel used is a flammable gas commercially produced for the purpose of cooking,
such as natural gas and propane gas.
3.2 The Municipality of Hastings Highlands Fire Department is exempt from the
provisions of this bylaw with respect to any open-air fires conducted for the purpose of
education and training.
4.0 INCINERATORS
4.1 The installation, use and maintenance of incinerators for the burning of wood like
materials, paper and other Class "A" materials within the Municipality will only be
permitted if:
(a) Incineration must be undertaken through the use of an enclosed device;
(b) Incinerators must be located at least 5 meters from any forest or any building;
(c) Incinerators must be covered by mesh less than 5 millimeters in size;
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(d) Incinerators are subject to all the provisions of Section 2.0; and
(e) Incinerators shall not be used during a total fire ban.
4.2 No person shall have an open-air fire in an incinerator in any built-up area.
5.0 FLYING LANTERNS
5.1 No person within the Municipality shall ignite or release an ignited Flying Lantern.
5.2 Any person who ignites or releases a Flying Lantern and causes an open-air fire in
the Municipality assumes full responsibility for fire control and shall:
(i) be responsible for any damages to property or injury to persons or animals
occasioned by the fire;
(ii) assumes full responsibility for fire control and may be liable for costs incurred by the
Fire Department, including but not limited to the costs of the personnel and equipment,
as authorized and set out in the Municipality of Hastings Highlands Fees Bylaw in effect
at the time of the incident and authorized by the Fire Chief or his or her designate.
5.3 No person within the Municipality shall offer for sale or permit to be sold any flying
lanterns.
6.0 WEATHER CONDITIONS
6.1 No person shall set an open-air fire:
(a) under weather conditions that limit the rapid dissipation of smoke;
(b) when wind may cause dangerous / unsafe conditions that may result in fire spread,
a decrease in visibility on any highway or roadway or an adverse effect on neighbouring
lands or persons;
(c) under extremely dry or arid conditions;
(d) when the Ministry of the Environment & Climate Change has issued a Smog
Advisory or Smog Alert applicable to the area;
(e) when the Fire Chief has placed a total fire ban on open-air fires.
7.0 TOTAL FIRE BAN
7.1 A complete ban of all open-air fire within the boundaries of the Municipality shall be
put in place or lifted at the sole discretion of the Chief Fire Official or designate should
conditions warrant.
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7.2 A total fire ban is enforced by the Chief Fire Official or designate under this bylaw
and the Fire Prevention and Protection Act.
8.0 OBSTRUCTION
8.1 No person shall hinder, obstruct or attempt to hinder or obstruct an Officer who is
exercising a power or performing a duty under the Municipal Act or under a bylaw
passed under this Act.
8.2 Any person who has been alleged to have contravened any of the provisions under
the Municipal Act or under a bylaw passed under this Act, shall identify themselves to
the Officer upon request, failure to do so shall be deemed to have obstructed or
hindered an Officer in the execution of his/her duties.
9.0 OFFENCES AND PENALTIES
9.1 Every person who contravenes any provision of this bylaw is guilty of an offence and
on conviction is liable to a fine as provided for in the Provincial Offences Act R.S.O.
1990, C.p.33.
9.2 All penalties imposed by a judicial official are recoverable under the provisions of
the Provincial Offences Act together with such costs and expenses as are imposed
there under in Schedule 'A' of this bylaw.
9.3 The Administrative Monetary Penalty System Bylaw applies to each administrative
penalty issued pursuant to this Bylaw.
9.4 Each person who contravenes any provision of this Bylaw shall, upon issuance of a
Penalty Notice in accordance with the Administrative Monetary Penalty System Bylaw,
be liable to pay to the Municipality an administrative monetary penalty.
10.0 INTERPRETATION
10.1 The provisions in Part VI of the Legislation Act, 2006, S.O. 2006, c.21, Sched. F,
shall apply to this Bylaw.
10.2 Any reference in this bylaw to any statutes, regulations or bylaws shall be deemed
to be a referenced to such statutes, regulations or bylaws, as amended, restated or
replaced from time to time.
11.0 HEADING
11.1 The headings used in this Bylaw are included solely for the convenience of
reference and are not to be considered part of this Bylaw and are not intended to be full
or accurate descriptions of the contents of any section, clause or provision of this Bylaw.
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12.0 SEVERABILITY
12.1 Should any provision, or any part of a provision, of this Bylaw be declared invalid,
or to be of no force and effect, by a court of competent jurisdiction, it is the intent of
Council that such a provision, or part of a provision, shall be severed from this Bylaw,
and every other provision of this Bylaw shall be applied and enforced in accordance
with its terms to the extent possible according to law.
12.2 Bylaw 2017-030 and all its amendments shall be rescinded on the day this bylaw
comes into force and effect.
13.0 SHORT TITLE
13.1 The short title of this bylaw shall be the 'Open-Air Fire Bylaw'.
14.0 EFFECTIVE DATE
14.1 THAT this Bylaw shall come into effect on the day it was passed.
ENACTED and PASSED in Council this 6th day of May 2020.
______________________________ ______________________________
Vic A. BODNAR, Mayor Suzanne Huschilt, Municipal Clerk
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SCHEDULE "A" to Bylaw 2020-047
A BYLAW TO REGULATE OPEN-AIR FIRES AND INCINERATOR FIRES IN ORDER
THAT EVERYONE MAY USE FIRE WITHOUT DETRIMENT TO THEMSELVES,
NEIGHBOURS OR THE ENVIRONMENT IN THE MUNICIPALITY OF HASTINGS
HIGHLANDS
Part I - Provincial Offences Act Set Fines
ITEM
COLUMN 1 SHORT
FORM WORDING
COLUMN 2
PROVISION
CREATING OR
DEFINING OFFENCE
COLUMN 3 - SET
FINE
1
Set open-air fire during
prohibited times
2.1
$500.00
2
Set an open-air fire
larger than 2 meters in
height and 2 meters in
diameter
2.2 (c)
$350.00
3
Set a fire within 5
meters of combustible
materials
2.2 (d)
$500.00
4
Burn grass and leaves
greater than 1 hectare
2.3 (b)
$500.00
5
Set an open-air fire in a
restricted fire zone or
during a total fire ban
2.4
$500.00
6
Set an open-air fire
causing adverse effect
2.5
$300.00
7
Leave an open-air fire
unattended or
unsupervised
2.6
$500.00
8
Fail to have care and
control of an open-air
fire
2.7
$500.00
9
Fail to ensure adequate
means of extinguishing
a fire are readily
available
2.9
$300.00
10
Failure to report a fire
out of control
2.10
$900.00
THE PENALTY PROVISION FOR THE OFFENCES CITED ABOVE IS SECTION 8 OF
BYLAW NUMBER 2020-047, A CERTIFIED COPY OF WHICH HAS BEEN FILED.
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**CONTINUED**
SCHEDULE "A" to Bylaw 2020-047
A BYLAW TO REGULATE OPEN-AIR FIRES AND INCINERATOR FIRES IN ORDER
THAT EVERYONE MAY USE FIRE WITHOUT DETRIMENT TO THEMSELVES,
NEIGHBOURS OR THE ENVIRONMENT IN THE MUNICIPALITY OF HASTINGS
HIGHLANDS
Part I - Provincial Offences Act Set Fines
ITEM
COLUMN 1 SHORT
FORM WORDING
COLUMN 2
PROVISION
CREATING OR
DEFINING OFFENCE
COLUMN 3 - SET
FINE
11
Fail to extinguish fire
2.11
$300.00
12
Burn material other than
dry wood or wood by
products Class "A"
materials
2.15
$400.00
13
Burn household waste,
human waste or
hazardous materials
2.16
$400.00
14
Use an incinerator or
contrary to bylaw
4.1
$350.00
15
Set an open-air fire in an
incinerator where
prohibited
4.2
$500.00
16
Prohibited use of Flying
Lantern(s)
5.1
$500.00
17
Sell or permit prohibited
sale of Flying Lantern(s)
5.2
$500.00
18
Set an open-air fire
during unsafe weather
conditions
6.1
$300.00
19
Hinder/Obstruct an
Officer
8.1
$500.00
THE PENALTY PROVISION FOR THE OFFENCES CITED ABOVE IS SECTION 8 OF
BYLAW NUMBER 2020-047, A CERTIFIED COPY OF WHICH HAS BEEN FILED.