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Corporation of the
Township of Havelock-Belmont-Methuen
By-law Number 2017 - 075
Being a by-law to Regulate Open Air Burning in the Township of
Havelock-Belmont-Methuen
WHEREAS Section 11(2) of the Municipal Act, 2001, S. O. 2001, c. 25, provides that a
municipality may pass by-laws with respect to the economic, social and environmental
well-being of the municipality, the health, safety and well-being of persons, and the
protection of persons and property; and
WHEREAS Section 7. 1(1) of the Fire Prevention and Protection Act, 1997, S.O. 1997,
c. 4, provides that the council of a municipality may pass by-laws with respect to
regulating fire prevention, 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 the Council of the Corporation of the Township of Havelock-Belmont-
Methuen deems it necessary and prudent to set regulate activities governing open air
fires to protect persons and property within the limits and boundaries of the municipality
from open air fires that potential may bum out of control.
NOW THEREFORE the Council of the Corporation of the Township of Havelock-
Belmont-Methuen enacts as follows:
SECTION 1: DEFINITIONS
1.
For the purpose of this By-Law:
"Approved Device" means any commercially manufactured instrument for the
purpose of containing a recreational fire, including but not limited to a chinnjnea or
other fire-containing implement that is approved by the Underwriters Laboratories
of Canada (ULC) and/or the Canadian Standards Association (CSA).
"Built Up Area" means the Village of Havelock, subdivisions and surrounding
hamlets including but not limited to Cordova Mines, Blairton and the Sama Park
area.
"Campground" is as described in the Forest Fires Prevention Act, (FFPA) R. S. O.
1990, c. F. 24, 0. Reg. 207/96 being that campground allows camping only in
cabins and designated campsites, and all are accessible by motor vehicle as
defined in the Highway Traffic Act. Campground fires do not require a permit.
By-law 2017-075
Open Air Burning
Page 2 of 6
"Fire Chief is as defined and appointed in the Fire Protection and Prevention
Act, 1997, S.O. 1997, c. 4 and means the Manager of Fire and Emergency
Measures for the Township of Havelock-Belmont-Methuen and as defined or
designate.
"Occupant" means the person or persons residing in the premises which he/she
does not own.
"Open Air Burning or Fire" shall mean the ignition or incineration by fire of
combustibles for the purpose of burning grass, clean wood, other combustibles in
any open place, yard, field, or construction area, which is not enclosed by a
building or structure and includes fires in barrels and Fire Pits in an area of
ground not to exceed 3 metres x 3 metres x 1 metre (10 feet x 10 feet x 3 feet).
"Owner" means the person or persons listed as the landowner on the most
current Property Tax Assessment Roll.
"Permit" means written authority provided by the Fire Chief or his/her designate.
"Recreational Fire" means an open-air fire that burns with an area that is no
larger than 60 centimetres (24 inches) in diameter provided such fire is used for
warmth, cooking food (camp fire), or for the burning of non-prohibited materials.
A permit is not required for a recreation fire, but shall be supervised at all times.
"Special Events" shall mean event, the duration of which is temporary in nature
and which is limited to one or more of the following uses: exhibition, a fair, a
carnival, a regatta a religious or music festival, or a recreational competition.
"Tenant" means the person(s) renting premises
"Township" means the Corporation of the Township of Havelock-Belmont-
Methuen and the geographic area thereof
SECTION 2: ADMINISTRATION
1.
The Township of Havelock-Belmont-Methuen Fire Services shall be exempt from
the provisions of this by-law with the respect to open-air burning.
2.
Campgrounds are exempted. The following criteria is specific to Campgrounds
and reference from the Forest Fires Prevention Act, (FFPA) R. S. O. 1990, c. F. 24,
0. Reg. 207/96 shall apply, but is still under the authority, control, and penalties
administered by the Township of Havelock-Belmont-Methuen.
Campgrounds shall be exempt from the provisions of this by-law, when meeting
the FFPA regulations as outlined in Schedule B to this by-law.
By-law 2017-075
Open Air Burning
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3.
The Fire chief shall administer this By-Law in its entirety.
SECTIONS: REQUIREMENTS
1
All persons setting an Open Air Fire in the Township must first obtain a Permit
from the Fire Department. Should any such fire spread, resulting in the
attendance of the Fire Department, the penalties as set out herein will apply to
the Owner and/or TenanVOccupant of the property.
2.
All persons setting an Open Air Fire in the Township shall be responsible for
any damage to property or injury to person occasioned by the said fire.
3.
No open air burning shall be permitted when the wind is in such direction or
intensity that the following conditions occur:
a. a decrease in visibility on any highway or roadway;
b. a rapid spread of fire through grass or a brush area;
c. public nuisances by creating negative health effects on neighbouring
residents.
4.
Where in the opinion of the Fire Chief or his designate, a potentially dangerous
situation exists due to fire, smoke, weather, environmental or health concerns the
Fire Chief may rescind, suspend or cancel any or all burning permits and may
declare a complete fire ban.
5.
All fires shall be maintained in accordance with Schedule "A" attached hereto and
forming part of this by-law.
SECTION 4: VIOLATIONS AND PENALTIES
1.
A penalty may be issued at the discretion of the Fire Chief when any or all of the
following conditions apply:
a. An alarm is activated.
b. Emergency equipment and fire personnel is dispatched.
c. Damage occurs to life or property.
d. The Owner and/or Tenant/Occupant is not in possession of a valid permit.
e. Hazardous material/house hold waste or other material as described in
Schedule A are being burnt.
f. A Township burn ban is in effect.
2.
All person setting, maintaining or allowing to burn a fire and all owners of the
property upon which a fire is set, maintained or allowed to bum in the open air
shall:
a. Be responsible for any damages to property occurred by said fire.
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b. Be liable for the cost of any/all firefighting equipment and personnel
necessary to extinguish said fire, including neighboring fire departments.
3.
Such cost shall be calculated in accordance with the current fee structure
established by the Ministry of Transportation Ontario (MTO)
a. Per vehicle for first hour - current MTO rates.
b. Per vehicle per half hour thereafter - current MTO rates.
4.
Times shall be calculated from the receipt of the alarm through to the time the
responding equipment and personnel are back in service.
THEREFORE the Council of the Corporation of the Township of Havelock-Belmont-
Methuen enacts as follows:
1.
That By-Law No. 2008-55 be, and is hereby repealed in its entirety.
2.
That this By-Law shall become effective upon the final passing thereof.
Read a first, second, and third time and finally passed in Open Council this 4th day of
July, 2017
, on Ge w, Mayor
oDen V. Angione, Cter
By-law 2017-075
Open Air Burning
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Schedule "A"
1.
All persons shall obtain a permit from the Fire Chief or his/her designate before
lighting a fire in the open air.
a. Exemption of recreational fire.
2.
The permit shall show the following details:
a. Name of Applicant - indicating owner, occupant or tenant.
b. Address of property of proposed fire.
c. Open air fire burning conditions.
3.
This Permit is not valid when winds are greater than 10 km/h (7 mph), or if a burn
ban is in effect.
4.
Material to be burned shall be limited to wood or wood by-products.
a. No hazardous materials shall be burnt. This includes all plastics, petroleum
products, rubber, paint, painted materials, etc.
b. No household waste shall be burnt.
c. No open air fire to exceed 3mx3mx1 m(10ftx10ftx 3ft).
5.
Open air fires are prohibited two (2) hours before sunset until two (2) hours after
sunrise any day, unless by special permission.
a. This does not apply to Recreation/Campfires
6.
All person setting, maintaining or allowing to burn a fire and all owners of the
property upon which a fire is set, maintained or allowed to burn in the open air
shall:
a. Be responsible for any damages to property occurred by said fire
b. Be liable for the cost of any/all firefighting equipment and personnel
necessary to extinguish said fire, including neighboring fire departments.
7.
The fire shall be maintained and supervised at all times
8.
Adequate means of extinguishing the fire shall be available at all times at the site
during burning, and until the fire is completely out.
9.
Fires within a built up areas must be in an Approved Device, be contained to
prevent the spreading of fire, and be a minimum of 12 meter (40ft) from any
structure or property boundaries for campfires only, and not exceeding 60 cm
(24in) in diameter.
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Schedule "B"
Forest Fires Prevention Act, R. S. O. 1990, c. F.24 0. Reg. 230/00: OUTDOOR
FIRES. Reference: Section
8.7 A campground referred to in subsection 8.2 (3) and section 8.4 offers camping
facilities to the public on a temporary basis and meets all of the following criteria:
1. The campground allows camping only in cabins and designated
campsites, and all are accessible by motor vehicle as defined in the
Highway Traffic Act.
2. The campground does not allow camp fires between 10a.m. and 7 p. m.
3. The campground clearly posts the hours campfires will be allowed.
4. The campground has printed information on safe campfires and provides
it to all of its guests.
5. The campground has adequate equipment to control and extinguish a
fire that can be taken to any campsite or cabin within 10 minutes.
6. The campground has on site at all times staff who are instructed in the
location and use of the equipment described in paragraph 5.
7. The campground has reliable two-way telecommunications equipment to
allow it to obtain assistance if a fire escapes control.
8.4 No person shall set a wood fire in a permanent fire installation in a campground
described in section 8. 7 in a restricted fire zone unless all of the following conditions are
met:
1. The fire is contained in,
/'. an above ground fire grate or fireplace that is designed to bum wood safely and
that cannot be moved to an unsafe location, or
,7. a p/Y /n ^/7e ground that has fireproof walls and is designed to bum wood safely.
2. The fire is at least three metres from any forest or woodland, and the area within the
three metre radius is completely free offlammable material.
3. The space immediately above the fire installation is at least three metres from any
overhanging vegetation.
4. The owner or operator of the campground expressly permits the fire to be set during
a time when the campground is in a restricted fire zone.
8. 2 (3) No person shall use a portable or permanent charcoal installation for cooking or
warmth in a restricted fire zone in a campground described in section 8.7 unless all of
the conditions in subsection (1) are met and all of the following conditions are met:
1. The installation is designed to use commercially produced charcoal as fuel.
2. Commercially produced charcoal is used as the fuel.
3. The owner or operator of the campground expressly permits a charcoal installation to
be used during a time when the campground is in a restricted fire zone.