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## The Corporation of the Township of La Vallee
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## BY-LAW 1287
BY-LAW TO REGULATE OPEN AIR BURNING WITHIN THE TOWNSHIP OF LA VALLEE.
## Definitions
1. In this By-law:
"Act" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 Consolidation Period: From December 6, 2018;
## "Approved Fire Pit"
- a) a pit dug into the ground or made from stones, masonry, steel or other fire resistant material used for the purposes of containing a recreational fire of which the interior dimensions shall be no larger than one metre by one metre (3 feet by 3 feet); and,
- b) above-ground pre-manufactured chimeneas and other like receptacles designed and constructed for the purposes of containing a small Recreational Fire.
"Barbeque" means a gas or propane powered appliance that is designed and intended for the sole purpose of cooking food in the open air; and includes a hibachi but does not include devises designed for personal warmth, fire pits or camp fires;
## "Building" means:
- a) a structure occupying an area greater than ten square metres (107.639 square foot) consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto;
- b) a structure occupying an area of ten square metres (33 square foot) or less that contains plumbing, including the plumbing appurtenant thereto; and,
- c) structures designated in the Building Code, as amended;
"Chief Fire Official" means the appointed Fire Chief of the Township under provisions of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 Consolidation Period: From December 6, 2018, as amended; for any or all Fire Department catchment areas as designated by Council, or his or her designate'
"Council" means the Council of the Corporation of the Township of La Vallee;
"Fire Ban" means a partial or total ban against any Open-Air Fire in the Township as declared by the Chief Fire Official;
"Firewood" means clean, dry wood that has not been treated, painted or otherwise exposed to toxic material, cut to a maximum of 60 cm (24 inches) in length so as to easily situated in an Approved Fire Pit;
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9. No person shall use, or cause to be used, any Barbeque of any kind on any balconies of multi-residential building.
10. No person shall set, light, ignite, or maintain an Open Air Fire, or permit an Open Air Fire to be set, lit, ignited or maintained, which creates a nuisance for any person such as, but not limited to:
- a) excessive smoke or odour;
- b) a decrease in visibility on roads or highways; or,
- c) a rapid spread of fire through grass, brush or any wooded area.
11. No person shall set, light, ignite or maintain an Open Air Fire, or permit an Open air Fire to be set, lit, ignited, or maintained, during a Fire Ban or Restricted Fire Zone.
## Fire Bans
12. The Chief Fire Official may declare a Fire Ban in the Township at anytime.
## Permits
13. Following the receipt of an application for a Permit, the Chief Fire official may approve or refuse a Permit with such conditions as necessary, as determined by the Chief Fire Official and every person who receives a permit shall comply with the conditions of the permit.
14. The Chief Fire Official may suspend or revoke a Permit at any time:
- a) For non-compliance with this by-law;
- b) For non-compliance with one or more of the conditions of the Permit; or
- c) If a dangerous condition exists at or near the proposed site for the Open Air Fire.
15. Permits are non-transferable.
16. All Permits shall be deemed to be suspended during a Municipal Fire Ban or during a Restricted Fire Zone declared by the Ontario Ministry of Natural Resources and Forestry.
17. An application for a Permit under this by-law shall be in the form prescribed by the Chief Fire Official.
## Open Air Fire Regulations.
18. All Open-Air Fire's require the applicable Burn Permit, which is the newest, and most current burn permit as of the permit issue date.
19. In order to obtain a Permit, the property on which the Open-Air Fire is to occur must comply with the following, except if it is a Recreational Fire or Agricultural/Industrial Burn or Chimenea which are subject to the amendments noted under each section.
- a) The property must have a lot size greater than 0.4 hectare (1 acre)
- b) The sole purpose of the Open Air Fire must be the disposal of materials other than Prohibited Materials.
20. A person who obtains a Permit, shall comply with the following regulations at all times, except if the Permit relates to a Recreational Fire or Agricultural/Industrial Burn:
- a) Open Air Fires shall not be set, lit, ignited or maintained, within 30 meters (100 feet) of any Building or structure, grass, grain field, bush, or wood lot;
- b) Open Air Fires shall not exceed 2 meters (6.5 ft) in diameter, or an area of 2 meters × 2 meters (6.5 ft x 6.5 ft);
- c) The stacked height of the materials to be burned in an Open Air Fire shall not exceed 2 meters (6 feet);
- d) Open Air Fires shall not be set, lit, ignited or maintained, if winds exceed 16 km/h (10mph);
- e) Prior to setting, lighting, or igniting an Open Air Fire, the person who obtained the Permit shall notify the Chief Fire Official or Fire Warden or designate; and,
8. Appropriate extinguishing agents (e.g. water hose, sand, fire extinguishers, tractors and/or plows) shall be on-hand at all times during the preparation of the Open Air Fire, while the Open Air Fire is underway, and until the Open Air Fire is fully and completely extinguished.
- g) A responsible person is available to attend the fire until extinguished
- h) Only one pile shall be burned at a time.
11. As well as the portions from section/subsection 20. a, d, f. g. of By-Law 1287 "Open Air Burning By-Law" an Incinerator must meet the following criteria; be an enclosed device constructed entirely from non-combustible materials, at least 10 meters (33 feet) from any forest, woodland, combustible materials as well as the outlet of the Incinerator being covered with a screen having a mesh size of not more than five millimeters (0.19685 inches) and the Incinerator is situated on bare rock or bare mineral soil.
12. As well as the portions from section/subsection 20. d, e, f, g. of By-Law 1287 "Open Air Burning By-Law" burning of grass and leaves must meet the following criteria: area to be burned is no greater than 1 hectare (2.54 acres); the length of the flaming edge is less than 30 metres.
21. A person who obtains a Permit for a Recreational Fire shall comply with the following regulations at all times:
- a) A Recreational Fire is permitted within Settlement Areas;
- b) Recreational Fires must be in Approved Fire Pits;
- c) Recreational Fire shall not exceed 1 meter (3 feet) in diameter, or an area of 1 meter by 1 meter (3 feet by 3 feet)
- d) The stacked height of materials being burned in a Recreational Fire shall not exceed 1 meter (3 feet) in height;
- e) Recreational Fires may only be used for warmth or the cooking of food;
- f) Only Firewood may be used as the combustible material in a Recreational Fire;
- g) Recreational Fires shall not be set, lit, ignited or maintained, within 4 meters (13 feet) of any Building or structure, grass, grain field, bush, or wood lot;
- h) Recreational Fires shall not be set, lit, ignited or maintained if winds exceed 10 mph (16 km/h); and,
- i) Appropriate extinguishing agents (e.g. water hose, sand, fire extinguishers, tractors and/or plows) shall be on-hand at all times during the preparation of the Recreational Fire, while the Recreational Fire is underway, and until the Recreational Fire is fully and completely extinguished;
- j) A responsible person is available to attend the fire until extinguished.
22. A person who obtains a Permit for a Chimenea shall comply with the following regulations at all times:
- a) shall not be set, lit, ignited or maintained, within 4 meters (13 feet) of any Building or structure, grass, grain field, bush, or wood lot and shall not be ignited or maintained if winds exceed 10 mph (16 km/h); and;
- b) Appropriate extinguishing agents (e.g. water hose, sand, and/or fire extinguishers) shall be on-hand at all times during the preparation of the Chimenea Fire, while the Chimenea Fire is underway, and until the Chimenea Fire is fully and completely extinguished;
- c) Must have a spark arrester, as per the Ontario Building Code.
- d) Only permitted to burn properly seasoned wood products.
- e) Must be placed on a non-combustible base.
- f) Must be supervised at all times during use.
23. A person who obtains a Permit for an Agricultural/Industrial Burn shall comply with the following regulations at all times:
16. *Note all portions of s. 19 of By-Law 1287 "Open Air Burning By-Law" go for any Agricultural/Industrial Burn.
- a) The Person Responsible must do everything possible to avoid building piles in muskeg areas;
- b) Eliminate as much dirt from the roots and do not pack the windrows tight. (Air circulator around the piles/windrows is necessary to aid in combustion and subsequent consumption of fuels;
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28. An order made under s.27 of this "Open Air Burning By-Law" By-Law 1287 shall set out:
- a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and,
3. the date by which there must be compliance with the order.
29. Any person who contravenes an order under s. 27 of this "Open Air Burning By-Law" By-Law 1287 is guilty of an offence.
## Work Order
30. If the Township is satisfied that a contravention of this by-law has occurred, the Township may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to correct the contravention.
31. An order under s. 30 of this "Open Air Burning By-Law" By-Law 1287 shall set out:
- a) Reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and,
- b) The work to be done to correct the contravention and the date by which the work must be done.
32. An order under s. 30 of this "Open Air Burning By-Law" By-Law 1287 may require work to be done even though the facts which constitute the contravention of this by-law were present prior to the date on which this by-law came into force.
33. A person who contravenes an order under s. 30 of this "Open Air Burning By-Law" ByLaw 1287 is guilty of an offence.
## Remedial Action
34. If a person fails to do a matter or thing, including comply with an order under this bylaw, as directed or required by this by-law, the Township may, 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.
35. The Township may recover the costs of doing a matter or thing 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.
36. The costs in s. 34 of this "Open Air Burning By-Law" By-Law 1287 shall include interest calculated at a rate of 15 per cent or such lesser rate as may be determined by the Township, calculated for the period commencing on the day the Township incurs the costs and ending on the day the costs, including the interest, are paid in full.
37. The amount of costs, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien. The lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued at the rate established under s. 36 "Open Air Burning By-Law" By-Law 1287 to the date the payment is made. Upon receiving the payment of all costs payable plus interest accrued to the date of payment, the Township shall register a discharge of the lien in the proper land registry office.
## Enforcement
38. This by-law may be enforced by A Police Officer, Municipal By-Law/Law Enforcement Officer, Building Official, Chief Fire Official or designate.
## Penalties
39. Any person who contravenes a provision of this by-law is guilty of an offence and, upon conviction, is liable to a fine and as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33 Consolidation Period: From October 17, 2018.
40. When a person has been convicted of an offence under this by-law, any court of competent jurisdiction thereafter may, in addition to any other penalty imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.
## Fees & Charges
41. Council may impose fees and charges to recover its costs in relation to the administration and enforcement of this by-law.
42. Permit application fees may be charged for each Permit in accordance with the Townships current Schedule "A" Fire & Emergency Services.
43. Fees noted in Schedule "A' Fire & Emergency Services & the current Automatic Aid Appendix "A" will be applied where required. The higher fee if applicable will apply.
44. (a) Every person shall extinguish a fire when ordered to do so by the Chief Fire Official;
(b) Every person who contravenes this by-law, or who fails to extinguish an Open Air Fire once ordered to do so by the Chief Fire Official, shall, in addition to any penalty provided herein, be liable to the Township for all expenses incurred for the purpose of investigating, controlling and extinguishing the Open Air Fire which includes all expenses relating the vehicles, wages, contractors, Ministry of Natural Resources, or other firefighting costs, and such expenses may be recovered by official Letter of Contravention with 30 days to pay, in a Court action or in a like manner as municipal taxes.
## Short Title.
45. This by-law shall be known as the "Open Air Burning By-Law'
## Severability
46. If a Court of competent jurisdiction should declare any section of this by-law to be invalid, such section or part of a section shall not be construed or 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 full force and effect.
## Coming into Force
47. This by-law shall come into force and effect upon the date in which it is passed by Council.
## Repeal
- by-law 48. The Township of La Vallee By-Law No. 1249 shall be repealed upon the passing of this
Read, Enacted, Signed and Sealed this . gth day of May \_ 2019.
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Reeve
CAO/Clerk Treasurer
## Schedule "A" Bylaw 1287: Open Air Burning
## Part 1 Provincial Offences Act The Corporation of the Township of La Vallee
Note: The general provision for the offences listed above is Section 39 of Bylaw 1287, a certified copy of which has been filed.
| Item # | Column 1 Short Form Wording | Column 2 Provision Creating or Defining Offence | Column 3 Set Fine |
|----------|--------------------------------------------------------------------------------------------------------|---------------------------------------------------|---------------------|
| 1 | Set or maintain fire/Permit a fire to burn without a permit | Section 2. | $250.00 |
| 2 | Burn/Permit a fire to burn with prohibited materials | Section 5. | $250.00 |
| 3 | Set or maintain fire/Permit a fire to burn outside of | Section 6. | $250.00 |
| 4 | Failure ro supervise burning | Section 7. | $250.00 |
| 5 | Set or maintain or permit fire which causes nuisance to residents | Section 10. | $250.00 |
| 6 | Burn or Permit burning during a fire ban or Restricted Fire Zone. | Section 11. | $250.00 |
| 7 | Failure to follow permit conditions | Section 13. | $250.00 |
| 8 | Permit a fire to burn within 30 meters (100 feet) of any building, structure, grass, wood lot or other | Section 20 (a) | $250.00 |
| 9 | Open air fire-exceed size allowance | Section 20 (b) | $250.00 |
| 10 | Open air fire - exceed height allowance | Section 20 (c) | $250.00 |
| 11 | Set open air fire - winds greater than 16 kph (10 | Section 20 (d) | $250.00 |
| 12 | Set open air fire- fail to notify Chief Fire Official or Fire Warden | Section 20 (e) | $250.00 |
| 13 | Burning without adequate extinguishment equipment. | Section 20 (f) | $250.00 |
| 14 | Incinerator - fail to comply with specifications | Section 20 (i) | $250.00 |
| 15 | Burn grass and leaves - exceed size allowance | Section 20 (j) | $250.00 |
| 16 | Recreational fire- exceed size allowance | Section 21 (c) | $250.00 |
| 17 | Recreational fire - exceed height allowance | Section 21 (d) | $250.00 |
| 18 | Recreational fire- wind reater than 16 kgh 120 | Section 21 (h) | $250.00 |
| 19 | Recreational fire - Burning without adequate | Section 21 (i) | $250.00 |
| 20 | Ser/maintain Chimeneate guip reater than 26 | Section 22 (a) | $250.00 |
| 21 | Set/maintain Chimenea fire without adequate extinguishment equipment. | Section 22 (b) | $250.00 |
| 22 | Agricultural/industrial fire- exceed size allowance | Section 23 (c) | $250.00 |
| | Agricultural/industrial fire - Burning without adequate extinguishment equipment. | Section 23 (h) | |
| | Agricultural/industrial fire - winds greater than 16 | Section 23 (i) | $250.00 |
| | Agricultural/industrial fire - fail to notify Chief Fire | Section 23ü) | $250.00 |