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1
THE CORPORATION OF THE MUNICIPALITY OF HURON SHORES
BY-LAW # 23-25
BEING A BY-LAW TO CONTROL OPEN AIR BURNING IN THE
CORPORATION OF THE MUNICIPALITY OF HURON SHORES AND TO
REPEAL BY-LAW # 23-20
WHEREAS Section 102 of the Municipal Act, R.S.O. 1990, as amended,
provides that Council may pass by-laws and make regulations for the
health, safety, morality and welfare of the inhabitants of the Municipality;
AND WHEREAS the Council of The Corporation of the Municipality of Huron
Shores deems it expedient to control open air burning for protecting
inhabitants, property owners and property in the Municipality;
AND WHEREAS The Corporation of the Municipality of Huron Shores desires
that burning permits be issued to control open air burning within the
jurisdiction of the Municipality;
NOW THEREFORE the Council of The Corporation of the Municipality of
Huron Shores ENACTS AS FOLLOWS:
1.0
DEFINITIONS:
THAT for the purpose of this by-law the following definitions shall apply:
1.1
"Burning Permit" means a permit issued by the Municipality of
Huron Shores in the prescribed form that grants the permit-holder
the right to conduct burning on the property covered by the
Burning Permit and with regard to the restrictions set out in this
by-law as well as any additional conditions placed on the permit by
the Municipality.
1.2
"Campfire" means a fire intended to be used for cooking or
warmth where the fire is constantly attended, no greater than 1
(one) metre in diameter, the flames are less than 1 (one) metre
high, the fire is enclosed by non-combustible material such as steel,
rock or brick, and it is at least five (5) metres from any combustible
material or building.
1.3
"Fire Ban" means a ban declared by an officer on all outdoor
burning, including the use of fireworks and pyrotechnics but not a
campfire or the use of an outdoor cooking device.
1.4.
"Flying/Floating Lanterns" means a small hot air balloon or
other device designed to carry an open flame as an airborne light,
also known as Sky Lantern, Chinese Lantern, Kongming Lantern or
Wish Lantern, or other similar devices which contain a fuel pack,
which fuel pack is usually a petroleum or wax based fuel that, when
lit causes, the lantern to rise.
1.5
"Incinerator" means a device used for outdoor burning which is
completely enclosed, constructed entirely of metal with only one
opening located at the top of the device. The opening so described
shall be covered with a steel screen having a mesh opening size no
greater than 5 mm.
2
1.6
"Officer" means the Fire Chief, a Deputy Fire Chief, the Fire
Prevention Officer, or Fire Wardens as appointed by Council.
1.7
"Outdoor Cooking Device" is a device constructed of all non-
combustible materials such as metal, rock or brick which completely
contains the burning portion thereof on all sides with the only open
uncovered exposure being that above the burning portion designed,
intended and used for the cooking or preparation of food and fuelled
only by commercial charcoal, compressed gas or wood. The size of
this device shall be limited to that which is reasonable for the
intended application. The area around this device shall be
protected so as not to allow the spread of fire from the device. This
device shall not be closer than 5 meters to any building or structure
or any flammable material and shall be attended at all times by a
responsible person until it is extinguished.
2.0
PERMITS / FIRE BAN
2.1
THAT every person shall obtain a Burning Permit for all open air
burning except for a campfire or for the use of an outdoor cooking
device, within the Municipality of Huron Shores each year and shall
notify the Municipal Office during regular business hours, in
advance of each time a burn is to be conducted;
2.1.1
THAT every person who conducts a burn shall keep the Burning
Permit at the fire site at all times during any burning operation and
shall present it for inspection to an Officer upon demand;
2.2
THAT every person shall obtain a Burning Permit for each property
on which they intend to ignite a fire. For further clarity, each
property with a different civic number shall require a Burning Permit
for any burn to be conducted at that property;
2.2.1
THAT Annual Burning Permits are valid for 364 days from the date
of issue and, at the expiry of those 364 days, must be renewed by
paying the annual Burning Permit fee prescribed in the Regulations
forming Schedule A of this by-law;
2.2.2
THAT in the case of a leap year, the Burning Permit shall be valid
for 365 days from the date of issue;
2.3
THAT Burning Permits for daytime burning will only be issued for
specific circumstances as described in the regulations, after the site
has been inspected and approved by an Officer;
2.4
THAT, NOTWITHSTANDING a Restricted Fire Zone being declared
by the Ministry of Natural Resources, an Officer may declare a Fire
Ban anytime the Officer believes that it is necessary to do so in the
interest of public safety and the protection of property.
3.0
ENFORCEMENT, PENALTY AND RECOVERY OF COSTS
3.1
THAT this by-law be enforced in accordance with the legislation and
regulations of the Forest Fire Prevention Act (F.F.P.A.) and the Fire
Protection and Prevention Act (F.P.P.A.);
3.2
THAT enforcement of any offence under this by-law will be
conducted as set out by the F.F.P.A. and/or the F.P.P.A.;
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3.3
THAT this by-law will be enforced by any Officer;
3.4
THAT contravention of any part of this by-law will result in fines
and/or charges as specified in Schedule "B" attached to and forming
part of this by-law;
3.5
THAT where an Officer under this by-law finds on any land, building,
structure or equipment a condition that, in his or her opinion, may
cause danger to life or property from fire, the Officer may order the
owner or person in control thereof or the person who has caused
the condition, to take such action as the Officer considers necessary
to remedy the condition; and in default, the Officer with such
assistants as he or she requires, may remedy the condition;
3.5.1
THAT the cost and expense of any action taken by an Officer and
his or her assistants under subsection 3.5 shall be paid by the
owner or person in control of the land or the person who has caused
the condition and such costs and expenses are recoverable by the
Corporation of the Municipality of Huron Shores in a court of
competent jurisdiction;
3.6
THAT every person who disobeys or refuses or neglects to carry out
any of the provisions of this By-law or the regulations or of any
order made thereunder or any condition of any Burning Permits
issued thereunder is guilty of an offence and on conviction is liable
to a fine of not more than $1,000 and not less than $100.00 and
such person is also liable to the Municipality for any cost and
expenses incurred by the Municipality in endeavoring to control or
extinguish any fire caused by or resulting from such disobedience,
refusal or neglect;
3.6.1 THAT the cost and expenses for which a person is liable under
subsection 3.6 are recoverable with the costs in any court of
competent jurisdiction as a debt due, but where the amount
claimed does not exceed the monetary limit of the Small Claims
court and proceedings are taken under the Provincial
Offences
Act in respect of the disobedience, refusal or neglect, the court,
upon making a conviction, may order payment of such amount to
the Municipality and every such order may be enforced in the same
manner as a Small Claims Court judgment.
3.6.2 Every person who contravenes any provision of this bylaw is guilty
of an offence and upon conviction is liable to a fine as provided for
by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as
amended
4.0
REGULATIONS
4.1
THAT the Council of the Municipality may make regulations:
(a) regulating or prohibiting outdoor fires;
(b) regulating
or
prohibiting
operations
specified
by
the
regulations;
(c) governing the issue, form, refusal and cancellation of Burning
Permits or any class of them and prescribing their terms and
conditions;
(d) designating classes of operations and activities and governing
the equipment, staff and precautions to be provided or
4
observed in respect of fire prevention or suppression by persons
engaged in any class of operation or activity;
(e) prescribing fees for the issuance of Burning Permits; and
(f) governing the use of fire during a fire ban.
5.0
ADMINISTRATION
5.1
This By-law shall come into effect upon the passing thereof.
5.2
When this By-law comes into effect, as per Section 5.1, By-law No.
23-20 is hereby repealed.
Was passed in open Council this 14th day of June, 2023.
____________________________
MAYOR - Matthew Seabrook
____________________________
CLERK - Natashia Roberts
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THE CORPORATION OF THE MUNICIPALITY OF HURON SHORES
SCHEDULE "A" TO BY-LAW # 23-25
REGULATIONS
1. (1)
No person shall start any fire outdoors unless conditions will allow
the fire to burn safely from ignition of the fire to extinguishment.
(2) No person who starts a fire outdoors shall leave the fire without
leaving a responsible person in charge of the fire.
(3)
A person who starts a fire outdoors or, if the person who started
the fire is not present, a person in charge of a fire outdoors shall
take all necessary steps to tend the fire, keep the fire under control,
and extinguish the fire before leaving the site.
(4) No person shall start any fire outdoors anytime, other than a camp
fire or while utilizing an outdoor cooking device, earlier than 2 hours
before sunset and shall ensure the fire is fully extinguished no later
than 2 hours after sunrise the following day.
(5) No person shall start any fire outdoors anytime, other than a camp
fire or while utilizing an outdoor cooking device, at any time when
winds are currently or forecast to be in excess of 16 kilometres per
hour.
(6) Subsections 1(4), 1(5) and 2(1)(a) of this regulation do not apply
during the months of December, January, February and March while
there is actively falling some form of precipitation, whether it be
snow, rain or sleet, or while there is a minimum of 25 millimetres
of measurable snow accumulated on the ground in the Municipality.
(7) No person shall start any fire outdoors at any time whereby the
smoke, heat or ash therefrom causes an irritation to any other
person or interferes with any other person's lawful use and
enjoyment of property or whereby the smoke, heat or ash
therefrom poses a hazard to vehicular traffic using any highway as
defined under the Highway Traffic Act of Ontario.
(8)
No person shall ignite and launch a Flying/Floating Lantern, as
defined in Section 1.4 of this By-law.
2. (1)
No person shall start a fire outdoors for the purpose of burning piled
wood, brush, leaves or discarded wood by-products unless:
(a)
the material is burned in a single pile that is less than two
metres in diameter and less than two metres high or as an
officer deems appropriate having regard for all conditions;
and
(b)
the fire is at least five metres from any flammable materials
and any building or structure; and
(c)
the person tending the fire has tools and water adequate to
contain the fire within the fire site.
3. (1) No person shall burn wood, brush, leaves or discarded wood by-
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products outdoors in an incinerator unless:
(a)
the incinerator is at least ten metres from any forest or
woodland; and
(b)
the
incinerator
is
at
least
five
metres
from
any
flammable material, building or structure.
(2) A person who starts a fire in an incinerator shall ensure that a
responsible person monitors the fire until it is extinguished.
4. (1) No person shall start a fire outdoors for the purpose of burning grass
or leaf litter.
(2) No person shall start a fire with any flammable liquid including but
not limited to gasoline and oil.
(3) Subsection 4(1) does not apply to a person starting the fire on
property he or she lawfully occupies if:
(a) the total area to be burned does not exceed one hectare;
(b) the length of flaming edge does not exceed 30 metres;
(c) there are at least 2 responsible persons tending the fire
for every 30 metres of flaming edge of burning site; and
(d) the person or persons tending the fire have tools and water
adequate to contain the fire.
(4) Subsection 4(1) does not apply to a person who starts a fire with
the permission of the person who has lawful occupation of the
property on which the fire is started and in respect of which the
conditions of this by-law and the regulations are met.
5.
An officer may issue, to a person who is prohibited from starting a
fire by the operation of Section 2, 3 or 4, a Burning Permit for a fire
outdoors or in an incinerator for the purpose of burning piled wood,
brush, leaves or discarded wood products.
6. (1) No person shall start a fire outdoors or in an incinerator or use
fireworks or pyrotechnics within an area declared to be under a
restricted fire zone or a fire ban even if the conditions set out in
Section 2, 3, or 4 are met.
(2) No person shall start a fire outdoors or in an incinerator or use
fireworks or pyrotechnics during a fire ban declared by an officer,
with the exception of a camp fire or while utilizing an outdoor
cooking device.
7. (1) An officer may suspend or cancel a Burning Permit and may give
notice of the suspension or cancellation to the permittee or, in the
absence of the permittee, to the person tending a fire for which the
Burning Permit was issued.
(2) A permittee or a person tending a fire who receives notice of a
suspension or cancellation of a Burning Permit shall immediately
extinguish any fire started under the Burning Permit.
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8. (1) No person shall burn in any manner, that contravenes any condition
on the Burning Permit.
(2) The Municipality may attach conditions to a Burning Permit as set
out in the regulations and no person shall contravene any part of
such attached conditions.
9. (1)
Daytime Burning Permits will be issued only for specific
circumstances provided:
(a)
The burning is required for a business, company, industry,
corporation, hobby farm or a farm as defined by Revenue
Canada;
(b)
Items to be burned are in such condition that allowing them
to remain would pose a risk to life or property;
(c)
By nature of items to be burned, burning may take longer
than 12 hours and it would be impractical to require the
burning to be extinguished then re-ignited to complete the
entire burn; and
(d)
By nature of the applicant, sufficient persons and equipment
would be more accessible during daytime hours in order to
safely control the burn.
10. (1) Daytime Conditions:
(a) Items to be burned shall be piled in compliance with regulation
Section 2(b) or as the officer deems appropriate having regard
for all conditions;
(b) There shall be at least a five metre radius of mineral soil from
the edge of the burn, and encircling the burn site;
(c)
Any edge of the burn pile shall be no closer than 30 metres
to any forest or woodland;
(d)
There shall be a least 2 persons in attendance at all times
until the burn is completely extinguished;
(e)
Each person required to be in attendance shall be equipped
with a hand shovel or hand rake in good working condition
for the purposes of controlling the burn;
(f)
There shall be at least 100 litres of water for each burn pile
on fire in containers suitable for applying the water to the fire
at all times;
(g)
Where there is more than one pile to burn, any edge of any
pile shall not be closer than 15 metres to any other pile;
(h)
There shall, at all times during the burn, be a means of
communications whereby a fire department may be
summoned to the site;
(i)
Any edge of the burn pile is not closer than five metres from
8
any flammable material;
(j)
The business, industry, company, corporation, hobby farm or
farm, as defined by Revenue Canada, requesting to burn
during the daytime shall make application in writing to do so
indicating the name, address, phone number of the business
or company, the name of the person in charge of the site, the
type of communications intended to be used, the number of
piles to be burned and the number of persons and names of
those persons intended to be in attendance;
(k)
The above application shall be made at the municipal office
and given at least 5 days prior to the proposed burn date;
(l)
A Burning Permit to allow such a burn may be issued by an
officer;
(m)
An Officer shall enter the premises of the proposed burn site
and inspect same;
(n)
Permission to allow the burn to begin is subject to the above
inspection. No burn shall commence without the above
permission;
(o)
An Officer may, at any time cancel the above Burning Permit
or permission and order the fire extinguished;
(p)
The Burning Permit holder and all persons at the fire site shall
immediately comply with an order made under Section 10
(o);
(q)
Where a Burning Permit holder is issued a Burning Permit for
a period of time exceeding 24 hours, the Burning Permit
holder shall notify the Municipality prior to commencing of
burn;
(r)
All of the above conditions apply to the Burning Permit holder
where he or she is burning vegetative growth in a field for
every 60 metres of flaming edge;
(s)
No burn, referred to in Subsection (r), shall exceed an area
of 2 hectares of active fire at any one time; and
(t)
The above conditions are a minimum standard. The Officer
issuing the Burning Permit may require further conditions, as
he or she sees fit considering all circumstances, prior to
issuing the said permit.
11.
No person who is conducting a burn of piled wood, brush, discarded
wood by-products, grass, leaves; or wood, brush or discarded wood
by-products in an incinerator shall permit the fire to go out of
control.
12.
No person shall conduct any open air burning during a restricted
fire zone.
13. (1) Burning Permit Fees -
Payable by the applicant thereof at time of issuance, to the
9
Municipality of Huron Shores
(a)
Daytime Burning Permits - $20.00 / Permit
(b)
Annual Burning Permits - $10.00 / Permit
14. (1) The provisions of Section 2.1 of the By-Law and of Subsection
2(1)(a) of this regulation do not apply to an employee of the
Municipality of Huron Shores engaged in burning wood and wood
product debris at any of the Municipal Waste Disposal a.k.a Landfill
Sites for the purposes of disposing of the said wood and wood
product debris provided all of the following conditions are met:
(a) Each burn is authorized by the Municipal Public Works
Superintendent or his / her designate;
(b) The burn is attended at all times by a Municipal employee until
it is fully extinguished;
(c) Firefighting equipment, as agreed upon and prescribed by the
Fire Chief from time to time, is in good working order, at the
site of the burn and available for immediate use by a Municipal
employee trained in its use;
(d) The burn is conducted in a designated excavation intended to
contain the fire;
(e) The person who is attending to the fire as described in
Subsection 14 (1)(b) is equipped with an effective means of
communication;
(f) The Municipal Office is informed in advance about the proposed
burn;
(g) If an Officer believes for any reason that there is an undue risk
that a burn, as such, may go out of control and threaten other
property, the Officer may prescribe that the burn NOT be
conducted or may prescribe specific conditions under which the
proposed burn may be conducted; and
(h) All other provisions of this By-Law and this Regulation are
complied with.
(2) Regulation Subsection 14(1)(b) does not apply during the months
of December, January, February and March when:
(a) the conditions described in subsection 1(6) of this regulation
exist; and
(b) the majority of the fuel intended for consumption by the fire
has been consumed by the fire and only a small amount of un-
burnt fuel is left to be consumed or the fire has been reduced
to live coals and smoldering.
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THE CORPORATION OF THE MUNICIPALITY OF HURON SHORES
SCHEDULE "B" TO BY-LAW #23-25: Open Air Burning
PART 1 Provincial Offences Act
Set Fines Schedule
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating or
defining offence
COLUMN 3
Set Fine
1
Conduct open air burning
without a permit
By-law S. 2.1
$200.00
2
Conduct open air burning
- permit not on site
By-law S. 2.1.1
$100.00
3
Conduct open air burning
- failing to produce permit
By-law S. 2.1.1
$100.00
4
Conduct open air burning with
no one on site at the fire
Sch. A, 1 (2)
$200.00
5
Conduct open air burning -
fail to completely extinguish
fire before leaving site
Sch. A, 1(3)
$200.00
6
Conduct open air burning -
that
interferes
with
any
person's
lawful
use
and
enjoyment of property
Sch. A, 1(7)
$100.00
7
Conduct open air burning -
that poses hazard to vehicular
traffic on any highway
Sch. A, 1(7)
$100.00
8
Ignite and launch a flying
lantern
Sch. A, 1(8)
$200.00
9
Conduct open air burning
during a restricted fire zone or
a fire ban
Sch. A, 6 (1)
$500.00
10
Conduct
open
air
burning
contrary
to
conditions
on
permit
Sch. A, 8(1)
$200.00
11
The Municipality may attach
conditions to a Burning Permit
as set out in the regulations an
no person shall contravene
additional permit conditions
Sch. A, 8(2)
$200.00
12
Conduct open air burning -
permitting fire to go out of
control
Sch. A, 11
$200.00
Note: The general penalty provision for the offence listed above is section
3.6.2 of bylaw 23-25, as amended, a certified copy of which has been filed.