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CORPORATION OF THE TOWN OF HAWKESBURY
BY-LAW N° 45-2024
Being a by-law to regulate the setting of open air fires
within the limit of the Town of Hawkesbury and the precautions
to be observed
WHEREAS it is deemed necessary to review and update By-law N° 16-2001 prescribing
the setting of open air fires within the limits of the Town and the precautions to be
observed.
AND WHEREAS the Council of the Corporation of the Town of Hawkesbury is
desirous of enacting a by-law to regulate the setting of open air fires, including the
provision of conditions for the purposes of ensuring fire safety from the risks of open
air fires and reducing the public nuisance arising from such fires;
AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
provides that a municipality may pass by-laws to prohibit and regulate public
nuisances, including matters that, in the opinion of Council, are or could become or
cause public nuisance;
WHEREAS Section 7.1 (1) of the Fire Protection and Prevention Act, 1997, S.O.
1997, c.4, as amended, states that the council of a municipality may pass by-laws
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 Section 7.1 (3) of the Fire Protection and Prevention Act, 1997,
S.O. 1997, c.4, as amended, provides that a by-law under this section may deal with
different areas of the municipality differently;
AND WHEREAS Section 7.1 (4) of the Fire Protection and Prevention Act, 1997, S.O.
1997, c.4, as amended, provides that a municipality may 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 Part 2 of the Ontario Fire Code, O.Reg. 388/97, provides that open
air burning shall not be permitted unless approved, or unless such burning consists of
a small, confined fire, supervised at all times, and used to cook food on a grill or
barbeque or such burning take place in an appliance that is in conformance with the
Technical Standards and Safety Act, 2000, is for outdoor use, and is installed in
accordance with the manufacturer's instructions;
By-law N° 45-2024
Page 2 of 8
AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that despite any Act, a municipality and a local board may pass by-laws
imposing fees or charges on any class of person, for services or activities provided or
done by or on behalf of it or for costs payable by it for services or activities provided or
done by or on behalf of any other municipality or local board;
AND WHEREAS Section 442 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
provides that where the municipality has the authority by any Act or by-law to direct or
require a person to do a matter or thing, the municipality may also provide that, in
default or it being done by the person directed or required to do so, the matter or thing
shall be done at the person's expense and the municipality may recover the costs of
doing the matter or thing from the person required to do it, by action or by adding the
costs to the tax roll and collecting them in the same manner as taxes;
AND WHEREAS Sections 23.2, 23.3 and 23.5 of the Municipal Act, 2001 provides that
a municipality may delegate its administrative and hearing powers;
AND WHEREAS Section 391 of the Municipal Act, 2001 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 Section 434.1 (1) of the Municipal Act, 2001, provides that a
municipality may require a person, subject to such conditions as the municipality
considers appropriate, to pay an administrative penalty if the municipality is satisfied
that the person has failed to comply with a by-law passed under the Municipal Act,
2001;
AND WHEREAS By-law N° 8-2024 was adopted on February 12, 2024, establishing an
Administrative Monetary Penalty System.
NOW THEREFORE the Municipal Council of the Corporation of the Town of
Hawkesbury enacts as follows:
1. DEFINITIONS
In this by-law:
"Approved" means approved by the Hawkesbury Fire Chief or his authorized
subordinates or assistants;
"Bonfire" means a campfire;
By-law N° 45-2024
Page 3 of 8
"By-law Officer" means a person appointed by the Municipal Council of the
Corporation of the Town of Hawkesbury as By-law Enforcement Officer to enforce
the provisions of this by-law;
"Chief of Police" means the Detachment Commander of the Hawkesbury Ontario
Provincial Police, or his or her designate;
"Corporation" means the Corporation of the Town of Hawkesbury;
"Council" means the Council of the Corporation of the Town of Hawkesbury;
"Exterior 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 1 m in any direction and includes, but is not limited, to a chimney.
"Fire" means fuel in state of combustion, the phenomenon of combustion
manifested in light, flame and heat;
"Fire Chief' means the Chief of the Fire Department of the Corporation of the
Town of Hawkesbury or his authorized subordinates or assistants;
"Permit Holder" means the person applying (applicant) for a burning permit and
shall be eighteen (18) years of age or over;
"Person" includes not only an individual but also a corporation, a company, a firm, a
partnership and any association;
"Town" means the Town of Hawkesbury;
"TSSA" Technical Standards and Safety Authority is Ontario's public safety
regulator for Elevating & Amusement Devices, Ski Lifts, Fuels, Boilers & Pressure
Vessels and Operating Engineers.
2. INTERPRETATION
2.1
In this by-law, a word interpreted in the singular number has a corresponding
meaning when used in the plural.
2.2
It is declared that if any section, subsection or part or parts thereof be declared
by any Court of Law to be illegal or ultra vires, such section, subsection or part or
parts shall be deemed to be severable and all parts hereof are declared to be
separate and independent and enacted as such.
By-law N° 45-2024
Page 4 of 8
3. GENERAL PROVISIONS
3.1. No person shall set an open air fire in the Town of Hawkesbury without first
obtaining a burning permit from the Fire Chief. The Fire Chief may issue an open
air fire burning permit and may be subject to any additional conditions imposed
by the Fire Chief.
3.2. The Fire Chief may issue a burning permit for any fire under special
circumstances or may, at their sole discretion, refuse to issue any burning permit
depending on the conditions encountered.
3.3. A site inspection of the proposed site of the open air fire may be required by the
Fire Chief prior to issuing a permit.
3.4. A person eighteen (18) years of age or older shall maintain constant watch and
control over the open air fire at all times, from the time of the setting of the fire
until the fire is totally extinguished;
3.5. The material to be burned for an open air burning fire shall be limited to wood or
by-products of wood unless otherwise specified and approved. Prohibited
materials shall include but are not limited to grass, leaves, garbage, pressure
treated or creosote wood, or any combustibles that produce toxic fumes other
than those produced by the burning of untreated wood.
3.6. A burning permit may be cancelled or suspended at any time by the Fire Chief,
the Chief of Police, or a By-law Officer and immediately upon receiving notice of
such cancellation or suspension, the permit holder shall extinguish any fire
started under the permit;
3.7. Open air burning fire shall only occur during daylight hours, unless otherwise
specified and approved.
3.8. No person shall set an open air fire in the central business section and in the
urban area of the Town where development is complete.
3.9. Burning permits may be issued for clean up of brush in fringe areas of the Town
currently being serviced or under development and for a bonfire (campfire).
3.10. All persons setting an open-air fire or using an exterior fireplace in the Town of
Hawkesbury shall:
a) Be responsible for any damage to property or injury to persons occasioned
by the said fire;
By-law N° 45-2024
Page 5 of 8
b) Be liable for costs incurred by the Fire Department including personnel,
equipment, and apparatus necessary should they be called in to extinguish
the said fire.
3.11. This by-law does not cover any requirements under the Environmental Protection
Act, 1990. Any fire is subject to the regulations set out by the Ministry of
Environment regarding air pollution.
4. PERMITS
Open air burning fires
4.1. Open air burning shall allow no more than one (1) cubic metre of material to be
burned at any one time. Additional conditions may be imposed by the Fire
Chief if size is greater than 1 cubic meter.
4.2. The methods of extinguishment of the fire designated on the permit form must
be available at the site at all times during the fire;
4.3. Open air burning shall only occur during daylight hours unless otherwise
specified and approved;
4.4. The permit holder must notify the Fire Department when the fire is lit and, at
the end of the day, must extinguish the fire and inform the Fire Department
accordingly;
4.5. The permit holder shall notify the occupant(s) of adjacent property(ies) of their
intentions of setting an open-air fire prior to setting same;
4.6. No open air fire shall be maintained when the wind is in such direction or of
such intensity so as to result in a decrease in visibility on any highway or
roadway or a risk of a rapid spread of fire through grass or a brush area;
4.7. Open air fires shall not be set closer than thirty (30) metres from any buildings
or standing timber.
4.8. Where combustible material other than a building, such as hedges, fences, or
overhead wiring is present, a radius of 15 m from the open-air fire shall be
kept.
Exterior fireplaces (permit not required)
By-law N° 45-2024
Page 6 of 8
4.9
No burning permit is required for a fire when such burning consists of a small,
confined fire, supervised at all times and set in an approved exterior fireplace
and when such a fireplace is installed and used as follows:
a) Exterior fireplaces shall be made of metal, brick, ceramic or pottery and
must be equipped with fireguards (spark-arresters) at every opening
including top of chimney, etc.;
b) The exterior fireplace shall be installed at a minimum of five (5) meters from
any combustible material, trees and shrubs or structures, and at a minimum
of three (3) meters from property lines;
c) Exterior fireplaces shall rest on a non-combustible surface such as a
concrete base or bare earth;
d) Manufacturers' instructions must be followed when using exterior fireplaces,
in as long as they do not contravene with this by-Law;
e) The material to be burned in an exterior fireplace must be limited to dry,
clean wood. A minimal amount of paper may be used to start the fire in
order to limit the emission of embers;
f)
Flammable liquids shall never be used to start a fire in an exterior fireplace;
g) A means of extinguishment such as a garden hose or fire extinguisher must
be within close distance to the exterior fireplace;
h) Burning in exterior fireplaces must not take place when winds are present or
when weather conditions cause smoke to remain low. At no time must
natural conditions allow smoke to disturb the neighbours. If these conditions
occur or if the person or the Fire Department receives a complaint from a
neighbour, the person must immediately extinguish the fire;
i)
Patio heaters and open-flame appliances such as fire pits, fireplaces, and
tabletop units shall be used outside and installed according to the
manufacturer's instructions. The distance to be kept above, around, and
underneath heaters shall be respected at all times according to
manufacturer specifications. Patio heaters shall be kept away from
combustible materials such as umbrellas, awnings, walls, tablecloths, paper
products, decorations, and signs. TSSA requirements for the storage,
handling and transportation shall be respected at all times.
5. ENFORCEMENT
5.1
The provisions of this By-law shall be enforced by the Fire Chief, or other
individuals duly appointed for the purpose of enforcing this By-law.
By-law N° 45-2024
Page 7 of 8
5.2
No person shall hinder or obstruct or attempt to hinder or obstruct the Chief of
Police or the By-law Officers while exercising a power or performing a duty under
this by-law.
6. OFFENCES AND PENAL TIES
6.1.
Every person who contravenes any of the provisions of this by-law is guilty of an
offence.
6.2. Any person who contravenes any provision of this By-law shall be liable to pay
the Town an Administrative Monetary Penalty, upon issuance of a penalty notice
in accordance with the Town of Hawkesbury's Administrative Monetary Penalties
System (AMPS) By-law, as may be amended from time to time.
6.3. Where a person has been convicted of an offence under this by-law the Ontario
Court of Justice, or 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 or thing by
the person convicted directed towards the continuation or repetition of the
offence.
6.4. Every person who acts in contravention of this by-law so as to cause the Town to
incur costs due to his or her actions shall, in addition to any penalty provided for
herein, be liable to the Town for all expenses incurred for the purpose of
repairing or replacing damaged property or removing unauthorized materials,
and such expenses may be recovered by court action or in a like manner as
municipal taxes.
6.5. When a person has been convicted of an offence under this by-law, the court of
competent jurisdiction 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 or thing by the person convicted, directed
towards the continuation or repetition of the offence.
7. SEVERABILITY
7 .1. If a court of competent jurisdiction should declare any paragraph or part of a
paragraph of this by-law to be invalid or ultra vires such paragraph or part of a
paragraph shall not be construed as having persuaded or influenced Council to
pass the remainder of this by-Law and it is hereby declared that the remainder of
this by-law shall be valid and shall remain in force.
By-law N° 45-2024
Page 8 of 8
8. SHORT TITLE
This by-law may be referred to as the "Exterior fire burning By-law".
9. REPEALS
That by-law N° 16-2001 be repealed.
10. ENACTMENT
10.1. That Shedule A-10 be added to be part of Schedule A "Designated by-laws" of
By-law N° 8-2024.
10.2. This by-law shall come into force and take effect upon its passing.
READ A FIRST, SECOND AND ADOPTED UPON THIRD READING THIS 3rd DAY OF
JUNE 2024.