By-law 2015-09-040 - Burning

Laurentian Valley, Ontario

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THE CORPORATION OF THE TOWNSHIP OF LAURENTIAN VALLEY BY-LAW 2015-09-040 BEING A BY-LAW TO REPEAL BY-LAW NUMBER 06-04-283 OF THE TOWNSHIP OF LAURENTIAN VALLEY AND A BY-LAW TO REGULATE THE SETTING OF FIRES WITHIN THE TOWNSHIP OF LAURENTIAN VALLEY WHEREAS Section 1lofthe Municipal Act, 2001, S.O., c 25, as amended, authorizes Council of local municipalities to regulate matters related to the health, safety and well-being of inhabitants of the municipality; AND WHEREAS the Fire Protection and Prevention Act, 1997, C.O. 1997, c.4, Section 7.1, as amended, states that a council of a municipality may pass by-laws regulating fire prevention, including the prevention of the spreading of fues, and regulating the setting of open air fires, including establishing the times during which open air fires may be set; AND WHEREAS Section 425 of the Municipal Act, 2001, S.O., c 25, as amended, authorizes a municipality to pass by-laws providing that a person who contravenes a by-law of the municipality is guilty of an offence; AND WHEREAS the Council of the Township of Laurentian Valley is desirous of enacting a by-law to regulate the setting of fires; NOW THEREFORE the Council ofthe Corporation of the Township of Laurentian Valley enacts as follows: 1. DEFINITIONS For the purposes of this by-law 1.1 "Approved" means approved by the Chief Fire Official or his designate. 1.2 "Ban" means a restriction or prohibition on Fires issued by the Chief Fire Official or his/her designate. 1.3 "Barbecue" shall mean a portable or fixed device, including a Hibachi, which is designed and intended solely for the cooking of food in the open air, but does not include devices designed for personal warmth. 1.4 "Building" means any structure used or intended for supporting or sheltering any use or occupancy, but does not include a non-enclosing open-sided structure. 1.5 "Chief Fire Official" shall mean the Fire Chief of the Township or his/her designate. 1.6 "Combustible" shall mean any material, trees or vegetation, combination of materials, or arrangement of materials in which any portion thereof are highly susceptible to catch fire when exposed to heat, flame, or other burning materials. I. 7 "Dangerous Condition" shall mean: 1. 7 .I A lack of precipitation, which in the opinion of the Chief Fire Official increases the risk of the spread of fire; 1.7.2 Winds, which in the opinion of the Chief Fire Official increases the risk of the spread of fire; or, 1. 7.3 Any other condition declared by the Chief Fire Official to be a dangerous condition, from time to time, which increases the risk of the spread of fue. Page 1 of 13 1.8 "Exempt Fire" means that, under specified conditions, a particular type or configuration of Fire as set out in Section 3 of this By-Law that does not require an Open Air Burning Permit or Recreational Fire Permit. 1.9 "Fire" means any fire set in the open air by any person within the boundaries of the Township. 1.10 "Fire Permit" shall mean a permit issued by the Chief Fire Official or designate signifying permission to set a Fire and establishing the conditions under which the permit is granted. 1.11 "Incineration Device" means a device that is operated and Regulated (licensed) under a Certificate of Approval from the Ontario Ministry of the Environment and is not subject to the requirements of this By-Law. 1.12 "Made Safe" means that all reasonable and prudent steps are taken to guard against injury to persons or property due to the fire and may include, but not be limited to erecting barriers and signs; grading of property; demolition of unstable structures; and the removal of residue left from the burning process. 1.13 "Municipal Law Enforcement Officer" means a Police Officer, or a person appointed by the Corporation of the Township of Laurentian Valley for the purpose of enforcing the provisions of this By-Law and related provincial offences by authority of the Ontario Police Services Act, 1990, as amended. 1.14 "Open Air Burning Permit" means a written conditional authorization permit issued by the Chief Fire Official or designate, to set or maintain an Open-Air Fire as per any restrictions and conditions contained in this By-Law or as may be specified on the Open Air Burning Permit itself 1.15 "Open Air Fire" means any Fire set outdoors, or set in a device or appliance located outside of a building, but does not include Recreational Fires, Exempt Fires, or Fires in devices installed outside of a building and that are used as a source of heat or power for the building or that are ancillary to a manufacturing process, and provided that such device is certified for the purpose by a recognized and appropriate agency. 1.16 "Permit Holder" shall mean any person who is a land owner, or person with pre- approved permission from the real property owner that has been granted a Permit for a Fire by the Township or Chief Fire Official. 1.17 "Person" shall mean any individual, association, firm, partnership, corporation, agent or trustee and their heirs, executors or other legal representatives of a person. 1.18 "Recreational Fire" shall mean a Fire that is set outdoors that is not an Open Air Fire, or Exempt Fire and that is maintained solely for providing warmth and recreational enjoyment. 1.19 "Recreational Fire Permit" shall mean a permit issued by the Chief Fire Official or designate signifying permission to set a Recreational Fire and establishing the conditions under which the permit is granted. 1.20 "Responsible Person" means any adult person (18 years of age and older) who, in the opinion of the Municipal Law Enforcement Officer, capable of exercising the required judgment and capable of performing the necessary actions to control a fire and prevent its unwanted spread. 1.21 "Structure" means anything constructed or erected, the use of which requires location on or in the ground. 1.22 "Tenant'' means a person or individual with pre-approved written pennission, approved by the Township from an owner of the property. Page 2 of 13 1.23 "Township" shall mean the Corporation ofthe Township of Laurentian Valley. 2. RESTRICTIONS ON BURNING 2.1 No person shall set or maintain an Open-Air Fire or Recreational Fire except an Open Air Fire for which an Open Air Burning Permit has been issued, or a Recreational Fire for which a Recreational Fire Permit has been issued. 2.2 Every person who has obtained a Permit shall comply with the conditions of the issued Permit. 3. EXEMPT FIRES The following types of Fires are Exempt from this by-law and such Fires may be set and maintained anywhere in the Township of Laurentian Valley provided that the conditions in this by-law are fully met: 3 .1 Cooking Fires 3 .1.1 A charcoal, compressed gas, or wood fire, that is confined within a barbecue that is exclusively designed for and being used for the cooking of food for human consumption or heat. 3.2 Construction or Maintenance Activities 3.2.1 An appliance of a portable nature which requires an open flame for the heating of a material during a construction or maintenance process, provided such appliance is safe to operate, and provided that it is not operated in such a manner as to create a fire hazard, and provided that the fire is attended at all times by a Responsible Person to supervise it until extinguished. 3.3 Other Flaming Devices 3 .3 .1 Candles, citron torches and similar items, and small fireworks under 50mm in diameter provided that all the following conditions are met: i. Such devices are not operated in or near dry vegetation; and u. Such devices are not operated in any other place conducive to the development or the spread of fire or explosion; and iii. Such devices are consumer (family) fireworks, or licensed fireworks displays where permitted by other by-laws passed by the municipality. 3.4 Township of Laurentian Valley Fire Department 3.4.1 Open-Air Fires set by the Township of Laurentian Valley Fire Department for the purposes of education, training, or other Township of Laurentian Valley Fire Department activity. 3.5 Special Events 3.5.1 Fires at any special event initiated and administered by the Township as authorized by Council and under the advisement of the Chief Fire Official. 4. GENERAL CONDITIONS ON FIRES, RECREATIONAL FIRES Any person who sets or maintains an Open-Air Fire or Recreational Fire shall be a Responsible Person and must take all necessary steps to ensure that all of the following conditions are met in addition to any other conditions set in this by-law: 4.1 Smoke 4.1 .1 The smoke or other emissions from the Fire shall not travel to a neighboring property to such an extent or degree that, in the opinion of a Municipal Law Enforcement Officer, Chief Fire Official or designate, or the Ministry of Environment, it may cause discomfort to persons, loss of enjoyment or normal use of the property, interference with normal conduction of business, or damage to property. Page 3 of 13 4 .1.2 The Smoke or other emissions from the Fire shall not travel across any public roadway to the extent or degree that, in the opinion of a Municipal Law Enforcement Officer, Chief Fire Official or designate, it may cause a public safety hazard to any person traveling on the roadway. 4.2 Clearances 4.2.1 Burning is prohibited in any location where the conditions exist such that there is a reasonable probability of such fire spreading to a building, structure, grass or other Combustible vegetation or material. 4.3 Material Restricted 4.3.1 Except as may be more specifically restricted elsewhere in this by-law, only the material listed on Schedule "A" may be burned. 4.4 Supervision 4.4.1 Constant supervision of the fire shall be maintained by a Responsible Person, with the necessary means immediately available to extinguish the fire or limit its spread; and having the means readily at hand to summon the fire department. 4.5 Extinguishment 4.5 .1 At the completion of the burn the Fire shall be completely extinguished and the bum site shall be made safe before it is left unattended. 5. OPEN AIR BURNING 5.1 The Chief Fire Official, or designate, shall review a written Open Air Burning Permit Application Form and may attend the said property for inspection during the days of issuance. Schedule A materials only will be allowed to be burned by the said real property owner or tenant who has a pre-approved letter from the owner .. 5.2 Every person shall comply with all of the following conditions for an Open-Air Fire: 5 .2.1 Burning is prohibited on any public road allowance or municipal property unless such burning is being conducted by authorized employees or an authorized agency of the Township of Laurentian Valley; 5.2.2 A person shall obtain an Open Air Burning Permit from the Chief Fire Official or designate and shall comply with the conditions of such Permit; 5.2.3 No person shall burn material in an Open-Air Fire other than those materials listed in Schedule "A" of this by-law; 5.2.4 No person shall set or maintain an Open-Air Fire within 100 feet from any building, Combustible structure, Combustible vegetation, accumulation of Combustible materials, unless written approval is received from the Chief Fire Official or designate; 5.2.5 Every person who sets or maintains an Open-Air Fire shall confine such fire to a location that provides for a minimum distance of 40 feet in all directions from adjacent properties; 5.2.6 Every person who sets or maintains an Open-Air Fire shall not burn any pile of material exceeding 36 sq. Feet in area and 4 feet in height unless written approval is received from the Chief Fire Official or designate; 5 .2. 7 Every person who sets of maintains an Open-Air Fire shall do so no earlier than two (2) hours before sunset, and all persons shall extinguish the Open- Air fire no later than two (2) hours after sunrise, unless written approval is received from the Chief Fire Official or designate; Page 4 of 13 5.2.8 Every person who sets or maintains an Open-Air Fire shall attend, control and supervise the Fire at all times and shall completely extinguish the Fire before the fire site is vacated; 5.2.9 Every person shall pay the prescribed fee as set out in Schedule "B" for an Open Air Burning Permit. The fee collected as set out in Schedule "B" is non- refundable regardless of whether or not the privileges granted under the permit have been exercised. No adjustment or refund of fee shall be provided due to suspension or revocation of any Open Air Burning Permit. 6. RECREATIONAL FIRES 6.1 Recreational Fire Permits may only be obtained by an owner of real property, or by those who provide the Township with written permission, approved by the Township, from an owner of real property, permitting the respective person to set a Recreational Fire on said real property and to burn Schedule "A" material. 6.2 Every person shall comply with all of the following conditions for a Recreational Fire: 6.2.1 A person shall obtain a Recreational Fire Permit from the Chief Fire Official or designate and shall comply with the conditions of such Permit; 6.2.2 No person shall bum material in a Recreational Fire other than those materials listed in Schedule "A" of this by-law; 6.2.3 A Recreational Fire pit shall be no larger than 30 inches by 30 inches in size by 24 inches in height; 6.2.4 No person shall set or maintain a Recreational Fire greater than the size of the container or fire pit, and the Recreational Fire shall be totally confined within the container or pit at all times; 6.2.5 Every person who sets or maintains a Recreational Fire shall confine such Fire to a location that provides for a minimum distance of 10 feet from adjacent properties; 6.2.6 Every person who sets or maintains a Recreational Fire shall confine such Fire to an area that is a minimum of 15 feet horizontally from any Combustible structure, Combustible vegetation, accumulation of Combustible materials; 6.2.7 Every person who sets or maintains a Recreational Fire shall have an effective extinguishing agent of sufficient size and with the capability of extinguishing the fire shall on the site of the Fire and it shall be immediately available for use; 6.2.8 Every person who sets or maintains a Recreational Fires shall attend, control and supervise the Fire at all times and shall completely extinguish the Fire before the fire site is vacated; 6.2.9 Every person shall pay the prescribed fee as set out in Schedule "B" for a Recreational Fire Permit. The fee collected as set out in Schedule "B" is non- refundable regardless of whether or not the privileges granted under the permit have been exercised. No adjustment or refund of fee shall be provided due to suspension or revocation of any Recreational Fire Permit. 7. PROHIBITIONS 7.1 Notwithstanding any provisions herein, no person shall set or maintain an Open-Air Fire or Recreational Fire: Page 5 of 13 7.1.1 In contravention of the Ontario Fire Code, the Forest Fire Prevention Act, the Environmental Protection Act or any other statutory requirements of the Province of Ontario; 7.1.2 On any highway or other public property of the Township without written permission of the Township; 7 .1 .3 In any park owned or operated by the Township without written permission of the Township; 7 .1.4 In the front or side yard of any commercial or industrial zoned property within the Township; 7.1.5 When dangerous conditions exist that could reasonably cause the Fire to spread beyond a burn site, or could decrease the visibility on a highway; 7 .1.6 For commercial purposes or gain. 8. BURNING OF RUBBISH PROHIBITED 8.1 No one shall install, use, and maintain an unlicensed Incineration Device for the burning of garbage or other refuse in any class or classes of building. 9. FIRE BAN 9.1 Despite the existence of a valid Open Air Burning Permit or Recreational Fire Permit, the Chief Fire Official, or designate, may issue a Ban on any or all Open-Air Fires and Recreational Fires, and may suspend, without recourse, any or all Permits and cause to be extinguished any or all Open-Air Fires and Recreational Fires, until such conditions as the Chief Fire Official, or designate, may indicate are met. 9.2 No person shall set or maintain an Open Air Fire or Recreational Fire during a Ban despite a person having obtained a valid permit. 10. GENERAL PROVISIONS 10.1 The Pennit Holder or any Person, who sets or maintains an Open-Air Fire or Recreational Fire, shall be held responsible and shall be liable with respect to the provisions, conditions, and penalties contained in this By-law. 10.2 A Municipal Law Enforcement Officer, the Chief Fire Official, or designate, shall have the right to enter at all reasonable times upon any property in order to ascertain whether this by-law is being obeyed, and carry into effect the By-law. 10.3 At the discretion of the Chief Fire Official, a site inspection of the proposed bum location, whether for an open-air bum or a recreational fire, may be required. 10.4 Permit fees are outlined in Schedule "B" attached to and forming part of this By-law; 1 0.4.1 10.4.2 A permit may be issued for up to ten (1 0) consecutive days for an Open Air Burning Permit and may be extended by written permission from Fire Chief or Designate. A Recreational Fire Permit is only valid for the calendar year in which it was issued. 10.5 The fees collected for each Open Air Burning Pennit or Recreational Fire Permit are non-refundable regardless of whether or not the privileges granted under the permits have been exercised. No adjustment or refund of fee shall be provided due to suspension or revocation of any Permit. 10.6 The Open Air Burning Permit shall specify as precisely as possible the civic or street address of the location of the intended fire. Separate Open Air Burning Permits will be required for properties at different addresses. Page 6 of 13 10.7 Any Permit Holder who is in violation of this By-law shall have their Permits summarily revoked and all fires shall be immediately extinguished or shall be caused to be extinguished. 10.8 Open Air Burning Permits and Recreational Fire Permits are non-transferable. 11. COST FOR FIRE SUPPRESSION EQUIPMENT 11.1 If fire suppression or fire safety personnel and vehicles are dispatched to respond to a Fire, the person in control of the Open-Air Fire, or Recreational Fire and/or the Permit Holder and/or the property owner may be charged, at the discretion of the Township, for the cost of such response according to the rates attached as Schedule "B" to this By-law. However, nothing in any schedule of rates shall be construed as limiting the rights of the Township to seek restitution or other direct or consequential damages or costs incurred beyond those listed. 11.2 The quantity and type of fire vehicles and personnel dispatched to respond for the purposes of extinguishing, controlling, or investigating any Open-Air Fire or Recreational Fire are at the discretion of the Chief Fire Official or designate. 11.3 The Township shall have a lien on the land for the amount spent on the services specified in Schedule "B", and the amount shall be deemed to be municipal real taxes and shall be added to the collector's roll and shall be collected in the same manner and with the same priorities as municipal real property taxes pursuant to the Municipal Act, 2001, as amended. 12. OFFENCE 12.1 Permit- False Information No person shall knowingly provide false or misleading information for the purposes of obtaining an Open Air Burning Permit or Recreational Fire Permit. 12.2 Permit - Authority to Revoke Notwithstanding Section 2 and 3 of this By-law, the Municipal Law Enforcement Officer may revoke any or all permits. The Chief Fire Official may refuse to issue permits where, in the opinion of the Chief Fire Official the ability to control the fire is hampered by the existence in or near the proposed burn site of a dangerous condition. 12.3 Permission- Withdrawn Permit The Municipal Law Enforcement Officer, Chief Fire Official, or designate may withdraw a permit and/or stop an open air burning/recreational fire if, in their respective opinion, the fire is causing a negative impact on the occupants of adjacent land, smoke produced by the fire is causing visibility concerns on roads in the area of the burn, the weather has deteriorated and has become unfavorable for an open air burn, conditions attached to the granting of permission are not being adhered to or if this By-law is being contravened. 12.4 Order to Extinguish Approved or Unapproved Fires The Municipal Law Enforcement Officer, Chief Fire Official, or designate may order the permit holder, land owner or occupant to immediately extinguish a Fire when a change in conditions occurs (ie. Provincial fire ban, high wind velocity, etcetera). 12.5 Order - Permit Holder/Owner/Occupant - Extinguish Approved or Unapproved Fire The Permit Holder, owner or occupant of land (on which an approved or unapproved open air burn is located), shall immediately extinguish the fire upon being ordered to do so by the Municipal Law Enforcement Officer, Chief Fire Official, or designate. 12.6 Failure to Extinguish Approved or Unapproved Fires- Liable for Costs Should any Permit Holder, land owner or occupant fail to extinguish an approved or unapproved fire when ordered to do so, the Municipal Law Enforcement Officer, Chief Fire Official, or designate may take action to have the fire extinguished and the person who owns or occupies the land on which the open air burning is located shall Page 7 of 13 be responsible for any and all costs incwTed by the Township of Laurentian Valley Fire Department in extinguishing the fire. 13. ENFORCEMENT AND ENACTMENT 13.1 Regulations - Offence No person shall fail to comply with the provisions set out in this By-law. 13.2 Enforcement This By-law shall be administered and enforced by the Township. 13.3 Contravention- Penalties Every person who contravenes any provision ofthis by-law 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. 13.4 Continuation - Repetition - Prohibition by Order The Court in which the conviction has been entered, and any Court of competent jurisdiction thereafter, may make an Order prohibiting the continuation or repetition of the offence by the person convicted and such Order shall be in addition to any other penalty imposed on the person convicted. 13.5 Default- Collection of Costs A person shall be liable to the Township for all expenses reasonably incurred for the purpose of controlling and extinguishing of any fire so set, maintained, or left to burn. Such expenses may be recovered by court action or in a like manner, or as municipal taxes or Council may provide that the expense incurred, with interest, shall be payable in annual installments not exceeding ten years. 13.6 Separation If any Court of competent jurisdiction finds that any of the provisions of this By-law is ultra vires of the jurisdiction of Council to pass or is invalid for any reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions ofthis By-law. 14. SCHEDULES - ATTACHED 14.1 The following schedules attached hereto, hereby forms part of this By-law: A -Authorized Materials That May be Burned m1der This By-law B - Fees that May be Collected or Charged under the Provisions of this By-law C - Set Fines Schedule D - Application Forms- Open Air/Recreational Burning 15.REPEAL 15.1 That By-Law 06-04-283 of the Corporation of the Township of Laurentian Valley is hereby repealed in its entirety. 16. EFFECTIVE DATE 16.1 This By-Law shall not come into force and effect on January 1, 2016. READ A FIRST AND SECOND TIME THIS 22Nn DAY OF SEPTEMBER, 2015. READ~ AND FINALLY PASSED THIS 22ND DAY OF SEPTEMBER, 2015. Sc ~r~d / , ~'41" > ,~ ~ Steve Bennettjayor Page 8 of 13 SCHEDULE "A" Authorized Materials That May be Burned Under This By-Law All materials other than those listed below are specifically prohibited from being burned: - Wood and wood by-products that have not been chemically treated or painted or stained - White or brown: paper and cardboard for the purposes of starting an authorized fire - Dry: brush, stumps, hay, straw, and grass and other dry yard or natural agricultural materials but not including animal wastes and parts of animals unless such animals are diseased - Natural or petroleum gases or liquids used as appliance fuels - Charcoal materials intended for B-B-Q use - Other clean burning Combustible materials that may be specifically Approved by the Chief Fire Official or his/her designate Page 9 of 13 SCHEDULE "B" Fees that May be Collected or Charged Under the Provisions of this By-Law 1. Open Air Burning Permit (Valid for one calendar year per property. Additional permits required within the same calendar year for the same property are at no charge.) 2. Recreational Fire Permit (valid for one calendar year): 3. Response rates for fire vehicles: Per fire vehicle for the first hour or any part thereof Per fire vehicle for each additional Y2 hour or part thereof $20.00 Annual Fee $10.00 Annual Fee $200.00 $100.00 4. Police officers and guards: Wages and Expenses as incurred 5. Other costs incurred by the Township: Wages and Expenses as incurred Page 10 of 13 Schedule "C" Set Fine Schedule TOWNSIDP OF LAURENTIAN VALLEY PART 1 Provincial Offences Act, R.S.O. 1990, Chap. P.33, as amended By-law 2015-09-040: Burning By-law Page 1 ofl ITEM COLUMNl COLUMN2 COLUMN3 Short Form Wording Provision Set Fine creating or defining offence 1. Set/Allow Fire- No Permit 2.1 $250.00 2. Set/ Allow Fire- Failure to comply with 2.2 $250.00 Permit 3. Pe1mit - Provided False Information for the 12.1 $250.00 ~urpose of Obtaining_ Permit 4. Set-Maintain Fire - Prohibited Period 9.2 $250.00 5. Set/Maintain Fire - Illegal Incineration 8.1 $250.00 Devise 6. Set/Maintain Fire- On Public Property 7.1.2 $250.00 7. Set/Maintain Fire - In Municipal Park 7.1.3 $250.00 8. Set/Maintain Fire - On Commercial/Industrial 7.1.4 $250.00 Property 9. Set/Maintain Fire - During Dangerous 7.1.5 $250.00 Conditions 10. Set/Maintain Fire- For Commercial 7.1.6 $250.00 Purpose/Gain 11. Open Air Burn - Prohibit Time 5.2.7 $150.00 12. Open Air Burn - Burn Prohibited Material 5.2.3 $150.00 13. Open Air Bum- Exceed Maximum Size 5.2.6 $150.00 14. Open Air Burn- Too Close to Property Line 5.2.5 $150.00 15. Open Air Burn- Too Close to Combustible 5.2.4 $150.00 Items 16. Open Air Bum- Left Unattended 5.2.8 $250.00 17. Recreational Fire - Bum Prohibited Material 6.2.2 $150.00 18. Recreational Fire - Exceed Maximum Size 6.2.4 $150.00 19. Recreational Fire - Too Close to Property 6.2.5 $150.00 Line 20. Recreational Fire- Too Close to Combustible 6.2.6 $150.00 Items 21. Recreational Fire - Left Unattended 6.2.8 $150.00 22. Recreational Fire - No Effective 6.2.7 $150.00 L.-_ _Etinguishing Agent ~ ~~ L___ -- - ~ NOTE: The penalty provision for the offences indicated above is Section 13.3 of By-law 2015-09-040, a certified copy of which has been filed. Page 11 of 13 8 ~ Q ~ ~ eJ) = :: .... Q,j = - ~ m = = .-4 "0 ~ .... Q,j 0 .c ~ N .... .-4 (j < GJ 00 tlO Ill c.. = Q,j Q. 0 s "0 '"" 0 ... ~ m = .-4 0 bJ) ...... u = 0 ... m ~ = .-4 '"" (!} = tl.O :-: ~ ro Q. Q,j = -= 0 "0 ... - Q,j eo: -= Q,j C'.J '"" 00. C'.J ~