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THE CORPORATION OF THE TOWN OF LINCOLN
BY-LAW NO.2017-110
A BY-LAW TO PROHIBIT AND REGULATE THE SETTING
OF OPEN AIR FIRES WITHIN THE TOWN OF LINCOLN.
WHEREAS Subsection 7.1(1) of the Frre Protection and Prevention Act,
s.o. 1997, c. 4, as amended, provides that the council of a municipality may
pass by-laws to regulate fire prevention, including the prevention and spreading
of fires, and to regulate the setting of open air fires, including establishing the
times during which open air fires may be set;
AND WHEREAS Article 2.6.3.4 of the Fire Code, being Ontario Regulation
213107, provides that open air burning shall not take place unless approved;
AND WHEREAS section 10 of the Municipal Act, s.o. 2001 , c. 2b, as
amended, provides that the council of a municipality may pass by-laws
respecting the health, safety and well-being of persons, and the protection of
persons and property;
AND WHEREAS Section 128 of lhe Municipal Act, 2001, provides that a
municipality may prohibit and regulate matters that, in the opinion of Council, are
or could become public nuisances;
AND WHEREAS it is the opinion of councilthat smoke, odour, ash, and
embers from an Open Air Fire that enter onto or affect a neighbouring property
are or could become a public nuisance;
AND WHEREAS Section 434.1 of the Municipat Act, 200l,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 of the municipality
passed under that Act;
AND WHEREAS Section 446 of the Municipal Act, 2001, provides that if a
municipality has the authority under that or any other Act or under a byJaw under
that or any other Act to direct or require a person to do a matter or thing, the
municipality may also provide that, in default of it being done by the peison
directed or required to do it, the matter or thing shall be done ai tne person's
expense, and the municipality 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;
AND WHEREAS the Council of the Town of Lincoln deems it necessary
and desirable to amend and update its by-law to prohibit and regulate the setting
of open air fires for the prevention of spreading of fires, to promote public health
and safety, and to protect the welfare of the inhabitants of the municipality from
air pollution, nuisances, and fire hazards associated with open air fires;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF LINCOLN HEREBY ENACTS AS FOLLOWS:
DEFINITIONS
1.
ln this by-law,
(a) Adverse Effect has the same meaning as in the Environmental
Protection AcL R.s.o. 1990, c. E. 1g, and incrudes one or more of
the following:
1
i. impairment of the quality of the natural environment for any use
that can be made of it;
ii. injury or damage to property or to plant or animal life;
iii. harm or material discomfort to any Person;
iv. an adverse effect on the health of any Person;
v. impairment of the safety of any Person;
vi. rendering a property or plant or animal life unfit for human use;
vii. loss of enjoyment of normal use of property; and
viii. interference with the normal conduct of business.
(b) Burning safety Plan means written procedures, which specify
means and provisions for safely facilitating Open Air Fires,
including the means of confinement and control of fires to prevent
unwanted spread, specific provisions for extinguishment of open
Air Fires, and provisions for fire department notification and
emergency vehicle access.
(c) campground means a place that contains campsites for the
purpose of providing overnight accommodation for tents, trailers,
and/or motor homes in exchange for monetary payment or other
consideration.
(d) Campground Fire Permit means a permit issued, subject to
compliance with this by-law, to set and maintain open Air Fires in a
Campground.
(e) competent Person means a person 18 years of age or older who
is capable of exercising reasonable judgement and performing the
actions necessary to control an open Air Fire and prevent its
unwanted spread, and who is equipped and able to summon the
fire department in case of emergency.
(0
(g)
(k)
(h) Farm Fire Permit means a permit issued to a Farmer, subject to
compliance with the provisions of this by-law, to set and mlintain
an Open Air Fire from time to time on lands zoned for Agricultural
use for the disposal of clean Woodwaste materials incidental to and
consistent with normal farm practice.
(i)
Farmer means the owner or operator of an agricultural operation as
defined in the Farming & Food Protection Acl S.O. 1g9g, c. 1.
0)
Fire chief means the chief of the fire department of the Town, or
any Person designated to act on his or her behalf.
Gouncil means the elected municipal council of the Town.
Director means the Director designated by the Administrative
Penalty By-Law of the Town.
Fire Pit means a pit dug into the ground, or a place with a
non-combustible base and confined within a stone, masonry, metal
or other non-combustible perimeter for the purpose of contiining an
Open Air Fire.
Flying Lantern means a device known as a Flying Lantern,
Chinese Lantern, Sky Lantern, Wish Lantern, or other similar
device made of paper or other material with an opening at the
bottom under which an open flame is suspended that, when lit,
causes the lantern to rise and float in the air.
(t)
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(m) Listed means included in a list published by a certification
organization accredited by the standards council of canada, such
as Underwriters Laboratories of canada (ulc) and the canadian
Standards Association (CSA), indicating conformance with
applicable safety standards.
(n) Nuisance means an act or condition that causes unreasonable
discomfort to any Person, loss of enjoyment or normal use of
property, damage to property, or an Adverse Effect, and includes
smoke, odour, ash, and embers from an Open Air Fire that enter
onto or affect a neighbouring propefi.
(o) open Air Fire means a fire that is not contained or encrosed by a
building including, but not limited to a bonfire, Fire pit, burn bairel,
and outdoor Fireplace, but does not include a gas-fired appliance
regulated by the Technicalsfandards and safety Acf, s.o. 2000,
c. 16, as amended.
(p)
(q)
Outdoor Fireplace means a manufactured wood-burning
appliance, masonry fireplace, chimenea, ceramic or clay fire pot,
clay or metalfireplace, portable wood-burning device uied for
outdoor recreation or heating, or other enclosed container that is
used outdoors and designed to hold a smallfire, but does not
include a gas-fired appliance regulated by the Technicat standards
and Safety Acf, S.O. 2000, c. 10, as amended.
Person includes a person, a corporation, a partnership, and a
limited partnership.
(r)
Prohibited Materials means:
i. garbage, trash, and residential, commercial, or industrialwaste;
ii, construction or demolition waste materials including asphalt
products, shingles, metals, electrical wiring, and fiberglass;
iii. hazardous substances including chemicals, pesticides,
flammable liquids, batteries, used oil, paints, solvents, tires,
and rubber materials;
iv. plastic materials including, but not Iimited to nylon, pVC or ABS
plastics, polystyrene, urethane foam, synthetic fabrics, plastic
films, and plastic containers;
v. furniture, appliances and upholstered items;
vi. treated or painted wood including but not limited to plywood,
composite wood products or other wood products that are
painted, varnished or treated with preservatives;
vii. leaves, unless attached to woodwaste, and grass clippings;
viii. animalfecal deposits, manure, and animal carcasses; and
ix. paper and cardboard, except for reasonable minimal amounts
used solely for the purpose of starting an Open Air Fire.
(s) Rural Fire Permit means a permit issued by the Fire chief, subject
to compliance with the provisions of this by-law, to set and mainiain
an open Air Fire from time to time for the purpose of disposing of
clean Woodwaste materials and/or recreational purposes in aieas
other than an Urban Area.
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(t)
sensitive Receptor means a place where exposure to smoke may
pose a greater risk to the health of an individual or group, or to the
environment, including, but not limited to schools, child care
facilities, health care facilities, retirement homes, long-term care
facilities, and residences of Persons with a health condition
aggravated by smoke or an increased sensitivity to air pollution or
environmental contam inants.
(u) Town means the Corporation of the Town of Lincoln
(v) Urban Area means lands located within an urban Area Boundary
as set out in the Town of Lincoln Zoning By-Law.
(w) urban Fire Permit means a permit issued by the Fire chief,
subject to compliance with the provisions of this by-law, to set and
maintain an open Air Fire from time to time in an Urban Area for
recreational purposes.
(x)
Woodwaste means tree trunks, stumps, branches and limbs,
brush, natural vegetation, logs, and wood products that do not
include or contain creosote, chromated copper arsenate,
ammoniacal copper arsenate, pentachlorophenol, pesticides, paint,
plywood or composite wood products containing varnish or glue.
APPLICABILITY
2.
The provisions of this by-law apply to all lands and propefi within the
corporate limits of the Town of Lincoln.
EXEMPTION FOR FIRE DEPARTMENT TRAINING
3
Open Air Fires that are set for training purposes by the fire department of
the Town shall be exempt from the provisions of this by-law.
EXEMPTION FOR GAS.FIRED APPLIANCES
4.
The outdoor use of a gas-fired appliance shall be exempt from the
provisions of this by-law on the condition that the appliance is:
(a) Listed and meets the requirements of the Technical Standards and
Safety Acl S.O. 2000, c. 16, as amended; and
(b) lntended for outdoor use, and has been assembled and installed
and is used in accordance with the manufacturer's instructions.
EXEMPTION FOR COOKING FOOD
5'
Open Air Fires that are set or maintained for the purpose of cooking food
shall be exempt from the provisions of this by-law on the condition that:
(a) The fire shall be contained entirely within a fixed or portable
barbecue intended for cooking food, or within a metal or masonry
enclosure with a metal grill or screen on top;
(b) The size of the fire is reasonabte for the quantity of food being
cooked;
(c) No solid fuel other than commerciatly produced charcoal, briquettes
or clean, dry, seasoned wood shall be used; and
(d) The fire is supervised at alltimes by a competent person.
4
OPEN AIR FIRE PERMITS
6.
Unless otherwise subject to a specific exemption in this by{aw, the setting
or maintaining of any Open Air Fire within the geographical limits of the Town is
prohibited without first obtaining an Open Air Fire Permit issued by the Fire Chief
7.
A permit for an Open Air Fire shall:
(a) Be in a form as approved by the Fire Chief;
(b) Bear the signature of the applicant acknowredging his or her
agreement to comply with all conditions and provisions of this by-law;
(c) Be valid only for the location(s) specified in the permit; and
(d) Be valid only in the calendar year for which it is issued.
8.
A permit may be issued to a Person upon application and payment of the
fee set out in Schedule "F" attached hereto and forming part of thls by-law, as
may be amended from time to time by the applicable FLes and Charges By-Law
of the Town, and on the condition of compliance with all provision" oithis Uy-law.
9
Every applicant for a permit shall have permission of the legal owner of
the property consenting to the use of the lands for the purpose of ietting or
maintaining an Open Air Fire, and the Fire Chief may demand proof in iriting of
such permission from the propefi owner for any open Air Fire permit.
10. The Fire Chief may deny or withhold a permit for any Person who, in the
opinion of the Fire Chief, is not able to meet the requirements of this by-law, or
has previously failed to comply with any provision of this by-law.
11. Every issued permit may be subject to verification of compliance with the
provisions of this by-law by the Fire Chief or designate at any reasonable time,
and the Fire Chief may revoke a permit for any Person who, in the opinion of the
Fire Chief, is not able to or has failed to meet lhe requirements of this by{aw.
12'- Any fee paid for a permit in accordance with this by-law shall not be
refundable where the permit is not approved by the Fire chief, or where an
issued permit is revoked under the provisions of this by-law, or where an issued
permit is suspended due to a ban on Open Air Fires declared by the Fire Chief.
13. Any Person who is supervising an Open Air Fire under the authority of a
permit issued under this by-law shall produce a copy of the permit for insfection
upon demand by any Person authorized to enforce ihis by-law.
FARM FIRE PERMIT PROVISIONS
14. The Fire chief may issue a Farm Fire permit to a Farmer to set or
maintain an Open Air Fire on lands zoned for agricultural use from time to time
for the purpose of disposing of clean Woodwast,e materials incidental to and
consistent with normal farm practice.
15. _ Every Person who sets or maintains an Open Air Fire under the authority
of a Farm Fire Permit shall comply with the regulations set out in Schedule ,,A,,
attached hereto and forming part of this by-law.
URBAN FIRE PERMIT PROVISIONS
16. The Fire Chief may issue an Urban Fire Permit to set or maintain an
Open Air Fire from time to time for recreational purposes within an Urban Area.
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17 -
Every Person who sets or maintains an Open Air Fire under the authority
of an Urban Fire Permit shall comply with the regulations set out in Schedule "6"
attached hereto and forming part of this by-law.
RURAL FIRE PERMIT PROVISIONS
18. The Fire Chief may issue a Rural Fire Permit to set or maintain an
Open Air Fire from time to time for recreational purposes and for the purpose of
disposing of clean Woodwaste materials in an area other than an Urban'Area.
19. Every Person who sets or maintains an Open Air Fire under the authority
of a Rural Fire Permit shall comply with the regul'ations set out in Schedule ,,C,,
aftached hereto and forming part of this by-law.
CAMPGROUND FIRE PERMIT PROVISIONS
20- The Fire Chief may issue a Campground Fire Permit to set or maintain
Open Air Fires at a campground from time to time for recreational purposes.
21. _ Every Person who sets or maintails an Open Air Fire under the authority
of a Campground Fire Permit shall comply with the regulations set oui ln
schedule "D" attached hereto and formini patt of this-by-law.
SPECIFIC EVENT OPEN AIR FIRE PERMIT
22. . .A not-for-profit ggmmunity organization, school, or religious institution may
Tqly in writing to the Fire Chief for a permit to conduct an O[en Air Fire in an
Outdoor Fireplace for a specific culturat, religious, or recreational event.
23. The Fire Chief may issue, without charge, a Specific Event Open Air Fire
Permit subject to compliance with this by-law,Lnd any additional conditions
imposed by the Fire Chief
24. A site inspection. of the qrop999d site of the Open Air Fire for a specific
event may be required by the Fire chief prior to issuing the permit. -'
25. A Specific Event Open Air Fire Permit shall be valid only for the day or
days of the event.
26' -. Despite Section 25, the Fire Chief may issue an Open Air Fire permit that
is valid for up to one _calendar year to a community organization or institution to
set and maintain an open Air Fire at the same locatioh on more than one
occasion.
PROVISIONS FOR OTHER FLAMING DEVICES
27 '
A Person may, without an open Air Fire permit, set or maintain open Air
Fires which are supervised at alr times by a competent person that are:
(a) Within containers designed to hold individual gelfuel pots, provided
that any gel fuel pot capacityioes not excee d l3millilitres;
(b) Tiki torches with a fuel capacity of not more than 355 millilitres; or
(c) Candles.
SENSITIVE RECEPTOR REGISTRY
28' The Fire Chief shall keep a registry of Sensitive Receptor locations.
29' . Any facility at which exposure to smoke, air pollution, or environmental
contaminants would pose a greater risk to the healih of the o".rp"ntr, including,
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but not limited to schools, childcare facilities, health care facilities, retirement
homes, and long-term care facilities, may register the applicable location on the
Sensitive Receptor Registry.
30. Any individualwith a health condition aggravated by smoke, or with an
increased sensitivity to air pollution or environmental contaminants, may register
the location of their residence on the Sensitive Receptor Registry by providing a
report from a physician licenced to practice in the Province of Ontario, or a
notarized affidavit from the resident, to the Fire Chief attesting to the presence of
a health condition that is aggravated by smoke, or to an increased sensitivity to
air pollution or environmental contaminants.
31. Personal health information provided to the Fire Chief pursuant to
Section 30 shall not be disclosed without the knowledgeable consent of the
affected individual, and all such disclosed information shall be protected in
accordance with the Personal Health lnformation protection Act, 2004,
S.O.2004, G. 3, Sched. A.
32. There shall be no fee for registering a location on the Sensitive Receptor
Registry.
33' An Urban Fire Permit or a Rural Fire Permit shall not be issued for any
property within 75 metres of a location registered on the Sensitive Receptor
Registry.
34. All Urban Fire Permits and Rural Fire Permits that have already been
issued for properties within 75 metres of a location that is subsequenfly listed on
the Sensitive Receptor Registry shall be revoked and deemed to be null and
void.
35. Any fees paid for Open Air Fire Permits that are revoked due to the
subsequenl registratlo1 of a nearby properg on the Sensitive Receptor Registry
shall be refunded in full.
36. Any location listed on the Sensitive Receptor Registry shall be required to
renew its registration from time to time as determined bythe Fire Chief.
37 - The Fire Chief shall remove from the Sensitive Receptor Registry any
location that is no longer deemed to be a sensitive Receptor.
BAN ON OPEN AIR FIRES
38. The Fire Chief may declare a ban on all Open Air Fires whenever, in the
opinion of the Fire Chief, a lack of precipitation or other condition within the Town
increases the risk of the spread of fire or would otherwise endanger the health
and safety of any Person or the quality of the natural environment.
39. A ban on Open Air Fires declared by the Fire Chief shall cause all issued
open Air Fire Permits to be suspended while the fire ban is in effect.
40- The Fire Chief shall cause notice to be posted on the Town website to
communicate the declaration and revocation of any ban on Open Air Fires.
GENERAL PROHIBITIONS
41. No Person shall set or maintain, or cause or permit to set or maintain, a
fire in contravention of the Fire protection and prevention Act, 1gg7.
42. No Person shall set or maintain an Open Air Fire without first obtaining an
Open Air Fire Permit issued by the Fire Chief.
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43. No Person being the owner of lands or property shall allow an Open Air
Fire to be set or maintained on such lands or property unless an Open Air Flre
Permit has been issued by the Fire Chief.
44. No Person shall set or maintain, or allow to be set or maintained on a
property owned by the Person, an Open Air Fire:
(a) On any highway, road allowance, or public property;
(b) On any commercial or industrial property;
(c) That is not confined to a Fire Pit or Outdoor Fireplace, including an
unconfined grass fire;
(d) That causes smoke to travel across a public road or highway;
(e) That causes smoke, odour, ashes, or embers to invade a
neighbouring property thereby creating a Nuisance;
(0
when the wind velocity is 20 kilometres per hour or greater;
(g) That spreads beyond the Fire Pit or Outdoor Fireplace that confines
it;
(h) During rainy or foggy weather, or when a smog alert or an air
quality advisory has been issued by an appropriate piovincial or federal
agency;
(i)
Without a Competent Person being continuously in attendance at
the fire site to supervise the Open Air Fire during the entire time it is
burning to control the fire and prevent its unwanted spread, and to
summon the fire department in case of emergency;
0)
Without having adequate means on hand and ready for immediate
use to control and extinguish the fire at the fire site;
(k) Without ensuring the fire.is completely extinguished before leaving
the site where the fire was burning;
(l)
At a time other than allowed by the Open Air Fire Permit regulations
as set out in this by-law;
(m) of a greater size than allowed by the open Air Fire permit
regulations as set out in this by-law;
(n) Without maintaining the minimum distance from the Open Air Fire
!o an adjacent property or roadway in accordance with the Oilen Air Fire
Permit regulations as set out in this by-law;
(o)
Without maintaining the minimum distance from the Open Air Fire
to a building, structure, fence, overhead wire, railway, or comtiurtiul"
material in accordance with the Open Air Fire Permii regulations as set out
in this by-law;
(p) During a ban on open Air Fires declared by the Fire chief;
(q) That contains or involves prohibited Materials; or
(r)
Within 75 metres of a location listed on the Sensitive Receptor
Registry.
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CONSENT OF REGISTERED OWNER
45. No Person shall set or maintain an Open Air Fire on any property unless:
(a) The Person setting or maintaining the fire is the registered owner of
the property on which the fire is set;
(b) The registered owner of the property, or an authorized designate, is
present at the site of the fire until the fire is fully extinguished; or
(c) The Person setting or maintaining the fire has the express consent
of the registered owner of the propefi to the setting of an Open Air Fire
on the propefi.
FLYING LANTERNS PROHIBITED
46. No Person shall ignite a Flying Lantern, or release an ignited Flying
Lantern into the air within, or that flies over, the geographical boundaries of the
Town.
BURN BARRELS AND WASTE INCINERATORS PROHIBITED
47 -
No Person shall set or maintain a fire in a burn barrel, waste incinerator or
similar device.
ADMINISTRATION
48. The Fire Chief shall be responsible for the administration and enforcement
oJ this by-law and is hereby authorized to issue permits to set and maintain
open Air Fires in accordance with the provisions of this by-law.
ENFORCEMENT
49. The following persons shall be authorized to enforce this by-law:
(a) The Fire chief, and every member of the fire department
designated as an Assistant to the Fire Marshal under the provisions of the
Fire Protection and Prevention Acf, S.O. 1gg7, c.4;
(b) A police officer, and every person appointed under the police
seryicesAcl R.s.o. 1990, c. p.15, to enforce by-laws of the Town,
including a municipal By-Law Enforcement Officer appointed by Council.
ADMINISTRATIVE PENALW
50. Every Person who contravenes a provision of the by-law shall, when given
a Penalty Notice, be liable to pay an Administrative penalty to the Town in
accordance with the provisions of Section 434.1of the Municipal Act, 2001.
51. Schedule "E" attached hereto and forming part of this by{aw hereby sets
out the provisions that are designated as infractions of this by-iaw, the short form
wording to be used in a Penalty Notice for an infraction of thii by-law, and the
Administrative Penalty amounts imposed for infractions of this by-law.
52. The administration of the Administrative Penalty provisions of this by-law,
including review of Penalty Notices, shall be governed- by the Administrative
Penalty By-Law of the Town as may be amended from time to time.
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PENALTY NOTICE
53. The Fire Chief, or any other person authorized to enforce this by-law, who
has reason to believe that a Person has contravened a provision of this by-law
may issue a PenalS Notice to that Person.
54. A Penalty Notice shall include the following information:
(a) The name of the Person who has contravened this byJaw;
(b) The Penalty Notice date;
(c) A number that is unique to the penalty Notice;
(d) The short form wording listed in Schedule "E" which describes the
contravention;
(e) The amount of the Administrative penatty;
(0
such information as the Director determines is appropriate
respecting the process by which the Person may exercise the Person's
right to request a review of the Administrative penalty; and
(g) A statement advising that an Administrative Penalty, including any
administrative fee, will, unless cancelled or reduced pursuant to a re-view,
constitute a debt of the Person to the Town.
SERVICE OF NOTICE
55.
shall
service of a Penalty Notice may be given in any of the following ways, and
be effective:
(a) By delivering it personally to the Person who has contravened the
by-law at the time of the contravention;
(b) By delivering a copy to the person's last known address, effective
as of the time of delivery;
(9) By mailing a copy to the Person's last known address, effective on
the fifth day after a copy is sent by registered mail or by regular letter mail
to the last known address;
(c) By sending a copy by facsimile transmission to the Person's last
known facsimile number, effective upon the conclusion of the facsimile
transmission; or
(0
By sending a copy by e-mail transmission to the Person's last
known email address, effective upon sending the e-mail.
56. . For the purposes of Section 55, a Person's last known address, facsimile
number, and e-mail address may include an address, facsimile number and e-
mail p.rovided by the Person to the Town as may be required by a form, practice
or policy developed under this By{aw.
INSPECTION
57 -
The Fire Chief, or any other person authorized to enforce the provisions of
this by-law, shall be permitted to enter upon lands and propefi at any
reasonable time to inspect any location or place for which an application for a
permit has been made, or for which a permit has been issued.
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ORDER TO EXTINGUISH
58. The Fire chief, fire department officer in charge of a response to
investigate a complaint in respect of an Open Air Fire, or other person authorized
to enforce this by-law may issue an Order to Extinguish a fire to any person who
sets or maintains an open Air Fire in contravention of this by-law.
59' Any Person who sets or maintains an Open Air Fire shall immediately
extinguish such fire upon receipt of a verbal or written Order to Extinguish duly
issued by the Fire chieJ, fire department officer in charge, or other pJrson
authorized to enforce this by-law.
60. No Person shall fail,to comply with an Order to Extinguish a fire as duly
issued, confirmed or modified under this by-law.
61' Where a Person who has set or is maintaining an Open Air Fire fails to, or
is.unable to, comply with an Order to Extinguish thelire, the Town, in addition to
other remedies:
(a) May take all reasonable actions to extinguish the fire and, for this
purpose, with its servants and agents from timi to time, enter in and upon
the property at any reasonable time without a warrant;
(b) May summon whatever personner, vehicres, apparatus, and
equipment necessary to extinguish a fire; and
(c) Shall not be liable to compensate any owner, occupant, or another
Person having interest in the property by reason of anything done by or on
behalf of the Town in a reasonable exercise of its powlr un-der the
provisions of this Section.
FALSE AND FRIVOLOUS COMPLAINTS
62. No Person shall make a complaint about an Open Air Fire that is false,
frivolous or vexatious in nature.
63. Any Person who falsely reports a violation of this by-law shall, when given
a Penalty Notice upon the second and any subsequent faise reports within a 12-
month period, be liable to pay an Administrative penalty to the Town.
64- Any Person who falsely reports a violation of this by-law shall, upon the
second and any subsequent false reports within a 1Z-month period,
'be
liable for
any and all costs incurred by the fire department to respond io the complaint.
LIABILITY AND RECOVERY OF COSTS
65. Any Person who sets or maintains an Open Air Fire which contravenes
any provision of this by-law, and any owner of the lands or property on which
such an open Air Fire is set or maintained, shall be jointly and'sevLrally liable for
any damage to property and/or injury to persons caused by the fire.
66. Any Person who sets or maintains an Open Air Fire that contravenes any
provision of this by-law, and any owner of the lands or property on which such a
fire is set or maintained, shall be jointly and severally liable to ihe Town for:
(a) All fees prescribed by the Town Fees and Charges By-Law for fire
department personnel, vehicles, apparatus, and equipirent inat respond
to investigate and/or to extinguish the fire; and
(b) All costs incurred by the Town to extinguish the fire, including
supplies, mutual aid or other agreement fees, specialized equipment or
contractors, or other associated incidental expenses.
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67. The quantity and type of fire apparatus necessary to'respond for the
purposes of extinguishing, controlling, or investigating any Open Air Fire shall be
at the discretion of the Fire Chief or his/her designate.
68
Nothing in the schedule of Fees prescribed by the Town Fees and
Charges By-Law shall be construed as limiting the rights of the Town to seek
restitution for other direct or consequential damages or costs incurred beyond
those listed.
69. The Town shall not be required to notify the owner of lands or property in
advance of its intention to charge for services or costs associated witir tne
extinguishment of any Open Air Fire.
70- All fees and charges payable under this by-law are due and owing to the
]own within thirty (30) days after the mailing or d-elivery of the invoice,
"-nd "ny
fees or charges not paid by the due date shall bear interest thereon at the
prescribed rate, calculated monthly from the due date until paid in full.
71. All fees and charges payable under this by-law constitute a debt to the
Town which may be added to the collector's roll under the name of the owner of
the lands upon which the fire was set or maintained, and the amount owing may
be collected in a like manner as municipal taxes.
APPEAL OF FEES OR CHARGES
72. Any Person being assessed a fee or charge under this by-law shall have
the right to appeal such assessment to Council Oy titing a written f.fotice ot
Appeal, stating the reasons for the appeal, with the clerk of the Town.
73. Council hereby delegates to the Chief Administrative Officer the authority
to hear, and adjudicate with prejudice, any appeal of a fee or charge assesseo
under this by-law, and the power to waive, revoke, amend, ot.
"onfirm the
assessment of any such fee or charge under appeal.
74. The Clerk shall inform the appellant in writing within 7 days of receiving a
Notice of Appeal of the time and prace of the scned-uled nearintl
75. A public hearing shall be held not later than 30 days from receipt of the
Notice of Appealto hear the appeal.
76. Where a hearing date has been set and the appellant or authorized agent,
having been given due notice of the hearing, does noi attend at the appointed
time and place, the hearing may proceed in tfre absence of the appeliant, and the
appeal may be dismissed with prejudice.
77. .. . Upon adjudication of the appeal, the decision of Council or its delegate
shall be deemed final.
78' Council shall retain the right to exercise the delegated powers set out in
this by-law. and may restrict, amend, or withdraw such lebgation "i*y tir"
without notice.
RIGHT TO CIVIL ACTION
7.9, Nothing in this by-law affects or shall be held to limit or interfere with the
right of any Person to bring and maintain a civil action for damages occasioned
by fire, or the smoke, odours, embers, or ash therefrom.
-12-
INDEMNIFICATION
80. The applicant for a permit as required under this by-law shall indemnify
and save harmless the Town from any and all claims, demands, causes of
action, losses, costs or damages that the Town may suffer, incur or be liable for
resulting from the performance of the applicant as set out in this by-law, whether
with or without negligence on the part of the applicant, the applicant's employees,
directors, contractors and agents.
SEVERABILITY
81. lf a court of competent jurisdiction declares any provision or part of a
provision of this by-law to be invalid or to be of no force and effect, it is the
intention of Council in enacting this by-law, that each and every other provision of
this by-law authorized by law, be applied and enforced in accordance with its
terms to the extent possible according to law.
SHORT TITLE
82. This by-law may be referred to as the Open Air Fire By-Law.
EFFECTIVE DATE
83. This by-law shall come into force and effect on the day on the 1st day of
January,2018.
REPEAL
84. On the date upon which this by-law comes into force and effect, By-Law
No. 2013-03 of the Corporation of the Town of Lincoln shall hereby be repealed.
BY-LAW read a FIRST time this 18th day of December,2OlT.
BY-LAW read a SECOND time this 18th day of December,2O17.
BY-LAW read a THIRD time and FINALLY PASSED this 18th day of December,
2017.
SAN
EASTON
CLERK: WILLIAM J. KOLASA
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4.1.
4.2
THE CORPORATION OF THE TOWN OF LINCOLN
Schedule "A"
to
BY-LAW NO. 2017-110
BEING A BY.LAW TO PROHIBIT AND REGULATE THE SETTING OF
OPEN AIR FIRES WTHIN THE TOWN OF LINCOLN
FARM FIRE PERMIT REGULATIONS
Every Person who sets or maintains an Open Air Fire under the authority
of a Farm Fire Permit shall:
(a) Restrict the time the open Air Fire is set or maintained to between
sunrise and sunset on any day;
(b) Maintain a perimeter around the open Air Fire of at least 5 metres
which is clear of combustible material such as dry ground cover or
vegetation;
(c) confine the fire to a single Fire pit or pile that does not exceed
6 metres in diameter and the material being burned does not exceed
2 metres in height, unless specificalty approved by the Fire chief
under application of a written Burning Safety plan;
(d) Maintain a distance of not less than 60 metres from the Open Air Fire
to any building, structure, fene,e, property line, roadway, railway,
overhead wire, or combustible material; and
(e) Comply with all provisions, conditions, and prohibitions prescribed by
the by-law.
The Fire chief may approve an exemption from one or more provisions
prescribed for an open Air Fire for farming purposes where, in his or her
opinion, such exemption does not unreasonably pose an increased threat
to health or safety.
-A-1 -
8.1 .
8.2.
THE CORPORATION OF THE TOWN OF LINCO!.N
Schedule "B"
to
BY-LAW NO,2017-110
BEING A BY.LAW TO PROHIBIT AND REGULATE THE SETTING OF
OPEN AIR FIRES WITHIN THE TOWN OF LINCOLN
URBAN FIRE PERMIT REGULATIONS
An Urban Fire Permit shall not be valid for any property with a lot size that
is less lhan 12 metres in width.
Every Person who sets or maintains an Open Air Fire under the authority
of an Urban Fire Permit shall:
:
(a) confine the fire to a Fire Pit or outdoor Fireplace of no greater than
61 centimetres in diameter, and where the material being burned is
no greater than 61 centimetres in height;
(b) Restrict the time the open Air Fire is set or maintained to between
the hours of 4 p.m. and 11 p.m. on any day;
(c) Maintain a distance of not less than 6 metres from the open Air Fire
to an adjacent property or roadway;
(d) Maintain a distance of not less than 5 metres from the open Air Fire
to any building, structure, fence, overhead wire, or combustible
material;
(e) Not set or maintain an open Air Fire on a combustible surface or
deck, or on or near dry grass or vegetation; and
(0 Comply with all provisions, conditions, and prohibitions prescribed by
the by-law.
-B-1 -
c.1
THE CORPORATION OF THE TOWN OF LINCOLN
Schedule "C"
to
BY-LAW NO.2017-110
BEING A BY.LAW TO PROHIBIT AND REGULATE THE SETTING OF
OPEN AIR FIRES WTHIN THE TOWN OF LINCOLN
RURAL FIRE PERMIT REGULATIONS
Every Person who sets or maintains an Open Air Fire under the authority
of a Rural Fire Permit shall:
(a)
(b)
(c)
(d)
Not set or maintain an Open Air Fire in an Urban Area;
Restrict the time the open Air Fire is set or maintained to between
the hours of 8:00 a.m. and 11:00 p.m. on any day;
confine the fire to a Fire Pit or outdoor Fireplace of no greater than 1
metre in diameter and where the material being burnedJs no greater
than 1 metre in height;
Maintain a distance of not less than 10 metres from the open Air Fire
to.any building, structure, fence, overhead wire, combustible material,
adjacent property, roadway, or railway; and
comply with all provisions, conditions, and prohibitions prescribed by
the byJaw.
(e)
-c-1 -
D.1.
D.2.
THE CORPORATION OF THE TOWN OF LINCOLN
Schedule "D"
to
BY-LAW NO.2017-110
BEING A BY.LAW TO PROHIBIT AND REGULATE THE SETTING OF
OPEN AIR FIRES WITHIN THE TOWN OF LINCOLN
CAMPGROUND FIRE PERMIT REGULATIONS
A Buming safety Plan shall be submitted with every campground Fire
Permit application, and shall be approved by the Fire chief.
Every Person in a campground who sets or maintains an open Air Fire
under the authority of a Campground Fire permit shall:
(a) Confine each fire to a Fire pit or Outdoor Fireplace;
(b) Maintain a distance of not less than 3 metres from each fire to any
building, structure, fence, or combustible material; and
(c) Comply with all provisions, conditions, and prohibitions prescribed by
the by-law.
-D-1 -
E.1
E.2.
E.3
THE CORPORATION OF THE TOWN OF LINCOLN
Schedule "E"
to
BY-LAW NO.2017-110
BEING A BY.LAW TO PROHTBIT AND REGULATE THE SETTING OF
OPEN AIR FIRES WITHIN THE TOWN OF LINCOLN
SCHEDULE OF ADMINISTRATIVE PENALTIES
For the purposes of section 51 of this by-law, column 1 in the following
table lists the provisions that are hereby designated as infractions of tht
!y:!q* for the purposes of section 434.1of the Municipat Act, 2001, s.o.
2001, c.25, as amended.
column 2 in the following table sets out the short Form wording to be
ysed. in a Penalty Notice for the contravention of the designateiprovisions
listed in Column 1.
column 3 in the following table sets out the Administrative penalty
amounts_that are payable for contraventions of the Designated provisions
listed in Column 1.
GOLUMN 3
Administrative
Penalty
$s00
$300
$300
$300
$300
$300
$300
$300
$300
$300
$300
$300
COLUMN 2
Short Form Wording
Set or maintain an Open Air Fire
without
it.
Owner of
Fire witho
property allow an Open Air
ut permit.
Set, maintain or allow a fire on a
highway, road allowance, or public
p
Set, maintai n or allow a fire that is not
confined to a Fire Pit or Outdoor
Fireplace, including an unconfined
grass fire.
Set, maintain or allow a fire that causes
smoke to travel across a public road or
h
Set, maintai n or allow a fire where
smoke, odour, ashes, or embers
invade neighbouring property creating
a Nuisance.
Set, maintain or allow a fire that
spreads beyond a Fire pit or Outdoor
Fireplace.
Section 44(h)
Set, maintain
rainy or foggy
or allow a fire during
weather, smog alert, or
air quality advisory
Section 44(i)
Fail to supervtse a fire by a Competent
Person
1 8
rS of
or older
Section 44(k)
Fai to ensure a fire is extinguished
the site.
before Ieavrn
Section 44(l)
Set, mainta in or allow a fire at a time
other than allowed
ulation.
Set, malntain or al
fire of g
allowed
Section aa@)
SEE than
low a
u ation.
reater
COLUMN I
Designated
Provisions
Section 42
Section 43
Section aa@)
Section 44(c\
Section 44(d\
Section 44(e)
Section 44(g')
ITEM
1
2
3
4
5
6
7
8
I
10
11
12
-E-1 -
$300
$300
$500
$750
$500
$500
$300
$300
Fail to maintain minimum distance from
a fire to an adjacent propefi or
roadway.
Failto maintain minimum distance
required by regulation from a fire to a
building, structure, fence, overhead
wire, raikay, or combustible material
Set, maintain or allow a fire during a
fire ban.
Set, maintain or allow a fire involving
prohibited materials.
Set, maintai n or allow a fire within 75
metres of a Sensitive Receptor
location.
lgnite or release
Lantern.
an ignited Flying
Set, maintain or allow a fire in a burn
barrel, waste incinerator or similar
device.
Make a false Open Air Fire complaint.
Section aag)
Section 44(o)
Section 44(p\
Section 44(q\
Section 44(r)
Section 46
Section 47
Section 62
13
14
15
16
17
18
19
20
-E-2-
THE CORPORATION OF THE TOWN OF LINCOLN
Schedule "F"
to
BY-LAW NO.2017-110
BEING A BY.LAW TO PROHIBIT AND REGULATE THE SETTING OF
OPEN AIR FIRES WITHIN THE TOWN OF LINCOLN
SCHEDULE OF FEES AND CHARGES
F.1. Any fee or charge prescribed herein shall be subject to amendment from
time to time by the applicable Fees and charges By-Law of the Town
PERMIT FEES
F.2. Open Air Fire Permit Application Fee - Farm
F.3. Open Air Fire Permit Application Fee - Urban
F.4. Open Air Fire Permit Application Fee - Rural
F.5. Open Air Fire Permit Application Fee - Campground
F.6. Open Air Fire Permit Application Fee - Specific Event
COST RECOVERY FEES AND CHARGES
F.7. Fee for fire department personnel, vehicles,
apparatus, and equipment to respond to
investigate and/or to extinguish an open air fire.
F.8. Recovery of costs incurred by the fire department
to extinguish an open air fire, including water
usage, supplies, mutual aid or other reciprocal
agreement fees, specialized equipment or
contractors, or other incidental expenses
associated with extinguishing the fire.
F.9. Fee for fire department personnel, vehicles,
apparatus, and equipment to respond to
investigate a second or subsequent false or
frivolous open air fire complaint within a 12-month
period.
No Charge
$35.00
$35.00
$35.00
$35.00
$750.00 per hour
or part thereof
per vehicle
(Minimum t hour)
Actual
disbursements
plus 10%
administrative
charge
$750.00 per hour
or part thereof
per vehicle
(Minimum t hour)
-F-1 -