By-law 85-97, A By-law to Prescribe Times for Setting Fires (Open-Air Burning Permit By-law)
Markham, Ontario
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TOWN OF MARKHAM
ONTARIO
A BY-LAW TO PRESCRIBE TIMES
FOR SETTING FIRES
BY-LAW 85-97
This By-law is printed under and
by authority of the Council of
the Town of Markham
(Consolidated for convenience only
to September 30, 2003)
By-law 85-97
Page 2
AS AMENDED BY THE FOLLOWING BY-LAWS:
By-law No. 86-1999 - May 11, 1999
By-law 85-97
Page 3
BY-LAW 85-97
A BY-LAW TO PRESCRIBE TIMES
FOR SETTING FIRES
A By-law of The Corporation of The Town of Markham to prescribe times for setting fires and
precautions to be observed to prevent the spread of fire.
WHEREAS the Municipal Act, R.S.O. 1990, c. M.45, as amended, authorizes the councils of
local municipalities to prescribe times for setting fires and the precautions to be followed and
observed by persons setting fires;
AND WHEREAS it is deemed advisable to exercise the authority conferred by the said Act
within the municipality;
NOW THEREFORE, Council for The Corporation of the Town of Markham enacts the
following in this By-law.
1.
In this By-law:
(a)
"Burning Permit" means the document issued by the Chief Fire Official signifying
permission to set a fire and establishing the conditions under which the Permit is issued.
(b)
"Chief Fire Official" means the Fire Chief of the Town of Markham or a member or
members of the fire department designated by the Fire Chief.
(c)
"Council" means the Council of the Corporation of The Town of Markham.
(d)
"Dangerous Condition" means:
(i)
a lack of precipitation within the geographic boundaries of the Town for a period
prior to the application which, in the opinion of the Chief Fire Official, increases
the risk of the spread of fire;
(ii)
winds within the geographic boundaries of the Town for a period prior to the
application which, in the opinion of the Chief Fire Official, increases the risk of
the spread of fire;
(iii)
any other condition declared by the Chief Fire Official to be a dangerous
condition, from time to time.
By-law 85-97
Page 4
(e)
"Enclosed Fire" means a fire set in a container constructed for incineration purposes
according to the specifications of the Ontario Fire Code.
(f)
"Equipment and Resources" means sufficient personnel and equipment such as rakes,
shovels, backhoes, bulldozers, front-end loaders, or water on-site required to control a
fire.
(g)
"Fire" means any fire set by any person within the boundaries of the Town, but does not
include an Enclosed Fire.
(h)
"Fire Code" means the Revised Regulations of Ontario 1990, Regulation 454, made
under the Fire Marshals Act, R.S.O. 1990, c. F.17, as amended.
(i)
"Fire Department" means the Fire Department of the Town.
(j)
"Person" means any individual, association, firm, partnership, corporation, agent or
trustee and the heirs, executors, or other legal representatives of a Person.
(k)
"Town" means the Corporation of The Town of Markham.
2.
(a)
No Person shall set a fire or allow a fire to burn without first having obtained the
necessary permit from the Chief Fire Official. Such permit, as per Schedule "A"
shall be issued in written form by the Chief Fire Official.
(b)
All Persons burning pursuant to a permit must comply with all Provincial statutes
and regulations as they pertain to burning.
3.
Notwithstanding any provisions herein, no Person shall set or maintain a fire:
(a)
in contravention of the Fire Code, the Environmental Protection Act or any other
statutory requirements of the Province of Ontario;
(b)
on any public road, Town park, or other public property;
(c)
in the front or side yard of any developed commercial or developed industrial
zoned property within the Town;
(d)
at a distance less than 15 metres (49.2 feet) from any building, structure, hedge,
fence, vehicular roadway of any kind or nature, or overhead wiring;
(e)
at a distance of less than 15 metres (49.2 feet) from any property line;
By-law 85-97
Page 5
(f)
unless there is a space clear and free from combustible material around the
perimeter of such fire of at least 9 metres (29.5 feet);
(g)
where the consumption of material will exceed the limit on material set by the
Chief Fire Official;
(h)
after sunset in the afternoon on any day and before sunrise in the forenoon of any
day;
(i)
unless the equipment and resources designated on the permit are available at the
fire site at all times during the fire;
(j)
with the aid of flammable or combustible liquids or accelerants of any kind;
(k)
unless the Person to whom the permit has been issued or such other person as may
be designated in the permit, is in attendance at the fire in a responsible and
supervisory capacity at all times until such fire has been completely extinguished;
or
(l)
on any construction site, or in the vicinity of any site, when construction or
related activities are carried on. Notwithstanding the foregoing, a permit may be
issued in connection with preliminary site-clearing and grading activities for the
disposal of existing vegetable matter or vegetation, providing the appropriate fire
safety activities are undertaken by the permit applicant.
(Clause 3 (l) amended by By-Law 86-1999)
(m)
in any outdoor fireplace or any other burning appliance unless approved by the
Chief Fire Official.
4.
(a)
A permit for a fire in the open air may not be issued until an inspection of the
burn site has been made by the Chief Fire Official.
(b)
A Person who intends to set or maintain a fire in the open air on a specified day or
days may be issued a permit provided that the volume of material burned does not
exceed the volume set out and allowed in the permit.
(c)
A Person who intends to set or maintain a fire in the open air on a specified day
for disposal of vegetable matter or vegetation on farm lands which is normal and
incidental to farming purposes, shall obtain a permit of a maximum of five (5)
days and will be required to notify the Fire Department on each of the days he/she
intends to burn.
By-law 85-97
Page 6
(d)
A Person who intends to set or maintain a fire in the open air for recreational
purposes on private or Town-owned property with permission, shall obtain a
permit and will be required to notify the Fire Department on the day that he/she
intends to burn.
5.
No fire in the open air shall be maintained when the wind is in such a direction or
intensity to cause any or all of the following:
(a)
the possible spread of the fire to neighbouring building(s) or properties;
(b)
a decrease in the visibility on any highway or roadway; or
(c)
any odour to such an extent or degree so as to cause discomfort to the persons
residing in the immediate area.
6.
No Person (being the owner or tenant in possession of lands within the Town and having
started a fire thereon) shall allow a fire to burn on such lands unless the Person is in
possession of a permit issued in respect of that fire.
7.
The fee for the issuance of a Burning Permit shall be $50.00 per permit. A Burning
Permit is valid for 5 days from the date of issuance.
8.
Notwithstanding Section 2 above, the Chief Fire Official may revoke any or all permits
issued for fires, or refuse to issue any permit 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 site of a Dangerous Condition.
9.
The owner or owners, tenant or tenants, and agent or agents in possession of property
upon which a fire burns and for which no permit has been obtained, or for which said
permit was obtained upon the supplying of false information to the Chief Fire Official
and any person who fails to comply with provisions of this By-law or who fails to
extinguish a fire once notification to do so has been given to him by the Chief Fire
Official shall, in addition to any penalty provided for herein, be liable to the Town for all
expenses reasonably incurred for the purpose of controlling and extinguishing of any fire
so set or left to burn and such expenses may be recovered by court action or in a like
manner as taxes.
10.
If any court of competent jurisdiction finds that any of the provisions of this By-law are
ultra vires of the jurisdiction of the Council to pass or are invalid for any reason, such
provision shall be deemed to be severable and shall not invalidate any of the other
provisions of the By-law.
By-law 85-97
Page 7
11.
Any Person who contravenes any provision of this By-law is guilty of an offence and
subject to a penalty pursuant to the Provincial Offences Act R.S.O. 1990, c. P.33 as
amended.
12.
Schedule "A" attached hereto, hereby forms part of this By-law.
By-law 85-97
Page 8
SCHEDULE 'A' TO BY-LAW #85-97
PERMIT # _______________
MARKHAM
FEE $50.00
PAID
101 Town Centre Boulevard
EXEMPT
Markham, Ontario L3R 9W3
Fire Prevention (905) 415-7521
Fire EMERGENCY 9-1-1
PERMIT FOR FIRE IN OPEN AIR
(VALID FOR 5 DAYS ONLY)
Permission is hereby granted to:
Name: ____________________________________ Date of Fire: _______________
Address: ____________________________________________________________
Location of Fire: ________________________________________________________
Materials to be burned: ___________________________________________________
Shall not exceed ____________m² (______________ft²) at any one time.
Fire protection equipment and resources available shall include sufficient personnel and equipment such as rakes, shovels, backhoes,
bulldozers, front-end loaders, or water on-site required to control a fire. Subject to the following regulations extracted from the Town of
Markham By-law # _____.
1.
No person shall set or maintain a fire in the open air:
(a)
between sunset and sunrise;
(b)
at a distance of less than 15 metres (49.2 feet) from any building, structure, hedge, fence, vehicular roadway of any
kind or nature or overhead wiring;
(c)
at a distance of less than 15 meters (49.2 feet) from any property line;
(d)
unless there is a space clear and free of combustible material around the perimeter of the fire of at least 9 meters (29.5
feet);
(e)
unless it is under his/her constant watch and control from the time of the lighting, up to and until it is totally
extinguished;
(f)
when the wind direction and velocity is likely to create a dangerous condition;
(g)
with the aid of flammable or combustible liquid or accelerants of any kind;
(h)
unless he/she complies with all the provisions of the relevant Provincial Laws and Regulations and Municipal By-laws.
2.
Every person who contravenes or fails to comply with any provision of the by-law is guilty of an offence under the Provincial
Offences Act, R.S.O. 1990,C.p.33.
Remarks: ___________________________________________________________________________________
____________________________________________________________________________________________
_____________________________
______________________________
Signature of Applicant
Date
_____________________________
______________________________
Chief Fire Official (or designate)
Date
White Copy - Communications Yellow Copy - Fire Prevention Division Pink Copy - Applicant