Fires - Open Air Burning By-law No. 72-211 (consolidated, amended by 2016-37)
Niagara Falls, Ontario
· adopted 1972-11-20
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CITY OF NIAGARA FALLS
A consolidated by-law being By-law No. 72-211 as amended
by:
By-law 2016-37
A by-law respecting fires.
WHEREAS paragraphs 29 and 44 of subsection 1 of section 354 of the Municipal Act, R.S.O.
1970 provide that by-laws may be passed by the councils of local municipalities for prescribing
for the whole or part of the municipality the times during which fires may be set in the open air,
and the precautions to be observed by persons setting out fires and for making such other
regulations for preventing fires and the spread of fires as the council may deem necessary.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS ENACTS AS FOLLOWS:
1. In this by-law,
a. "agricultural district", "industrial district", "rural district" and "rural agricultural
district" mean, respectively, a district or area of the City of Niagara Falls
declared, designated or established as an agricultural district or zone, an
industrial district or zone, a rural district or zone or a rural agricultural district or
zone by any by-law now or hereafter passed and in force in the City of Niagara
Falls as constituted by The Regional Municipality of Niagara Act pursuant to
section 35 of The Planning Act R.S.O. 1970 or a predecessor of that section;
b. "Fire Chief", "Deputy Chief" and "Platoon Chief" and "Fire Prevention Officer"
mean, respectively, a person holding the office or rank of Fire Chief, a Deputy
Chief, a Platoon Chief or a Fire Prevention Officer of the City of Niagara Falls
Fire Department;
c. "fire" includes bonfire, campfire and any other fire in a yard, field or any other
open place but does not include:
1.
A charcoal or gas fire in a barbecue, hibachi or similar metal or
masonry container while being used for the cooking of food for human
consumption provided,
i.
Such fire is not on a balcony of a building or in any other unsafe
place, and
ii.
Such fire is attended by a person competent to supervise it;
2.
An appliance being used for heating pitch or asphalt;
3.
An appliance being used for construction or maintenance and
which requires an open flame,
4.
A campfire in a camping establishment licensed by the City of
Niagara Falls provided that such campfire is in an area of the camping
establishment approved by a Fire Prevention Officer and is attended by a
person competent to supervise it;
5.
A campfire, elsewhere within the City of Niagara Falls provided
that such campfire is in an area approved by the Fire Prevention Officer
and is attended by a person competent to supervise it;
6.
A fire set with the approval of City Council in a location approved
by the Fire Chief, Deputy Fire Chief, Platoon Chief or a Fire Prevention
Officer and with Fire Department personnel present;
7.
A fire set by the Fire Department in training areas approved by the
Fire Chief, a Deputy Fire Chief, a Platoon Chief, or a Fire Prevention
Officer for the purpose of training or testing equipment;
8.
A fire set by a fire equipment manufacturer or his agent for the
purpose of demonstrating fire-fighting equipment in an area approved by
the Fire Chief, a Deputy Fire Chief, a Platoon Chief, or a Fire Prevention
Officer and with Fire Department personnel present;
9.
A fire for thawing or heating building materials provided such fire
is set in a location approved by the Fire Chief, a Deputy Fire Chief, a
Platoon Chief, or a Fire Prevention Officer;
10.
The burning of brush or leaves by City employees in locations
approved by the Fire Chief, a Deputy Fire Chief, a Platoon Chief, or a Fire
Prevention Officer provided such burning is under the supervision of a
City foreman and takes place between the hours of 8 o'clock in the
forenoon and 6 o'clock in the afternoon of the same day; or
11.
A fire in a masonry fireplace in a Municipal or Provincial park.
2. No person shall, anywhere in the City of Niagara Falls, set or maintain a fire in the open
air or permit a fire in the open air to burn
a. At any time between the hours of 6 o'clock in the afternoon of any day and 8
o'clock in the forenoon of the next following day;
b. At a location where there is a danger of such fire spreading to grass or other
vegetation;
c. During a strong wind;
d. On any road allowance or other municipal property;
e. On or adjacent to any property where a building or structure is under
construction;
f. On or adjacent to any property where it is known that explosives or any other
flammable material is stored; or
g. On or adjacent to any property where there is a large gathering of people.
3. No person shall make or permit any fire of any size under conditions or circumstances
likely to cause loss of life or damage to a building or other property.
4. (1) No person shall burn debris or other material:
a. In any building or structure which is being demolished;
b. On the lot or site of any building or structure which is being demolished.
4. (2) No person shall set fire to:
a. A building or structure for the purpose of demolishing the whole of any part
thereof;
b. A demolished building or any part thereof.
5. Every person setting a fire in the open air anywhere in the City of Niagara Falls shall,
a. Ensure that a person competent to supervise such fire and to extinguish it
promptly in the event of danger of the spread of such fire is in constant
immediate attendance at the specific place where the fire is burning;
b. Completely extinguish such fire before leaving the specific place where the fire is
burning; and
c. Except for the fires described in section 6 of this by-law,
i. Set and confine the fire in a metal or masonry container with a metal
screen on top having a mesh or not larger than one-half inch; and
ii. Set and keep the fire not less than 50 feet from any building, wooden
fence or other combustible material or liquid.
6. (1) Every person setting a fire in the open air in any agricultural district, industrial
district, rural district or rural agricultural district shall comply with the following additional
regulations,
a. Subject to clause b), the fire shall be kept at least 100 feet from any building;
b. If branches and pruning's in large quantities are to be burned:
i. The fire shall be kept at least 200 feet from any building;
ii. The Niagara Falls Fire Department shall be notified of the intention to set
the fire, and
iii. The piles of branches and pruning's to be burned shall be not more than
10 feet in diameter nor more than 10 feet in height.
6. (2) For the purpose of this section that part of the former Township of Humberstone now
in the City of Niagara Falls shall be deemed to be in a rural agricultural district.
7. The Fire Chief and every Deputy Chief, Platoon Chief, and Fire Prevention Officer is
hereby authorized to order any person to put out any fire when in the opinion of such
Fire Chief, Deputy Chief, Platoon Chief, or Fire Prevention Officer there is any danger of
such fire spreading or otherwise endangering life or property.
8. Every person setting a fire in the open air shall comply with all lawful directions of the
Fire Chief and every Deputy Chief, Platoon Chief and Fire Prevention Officer.
9. Wherever in this by-law any reference is made to time, such time shall, for any period of
the year during which Daylight Saving Time is proclaimed to be in effect in Niagara Falls,
be construed according to Daylight Saving Time and not Standard Time.
10. Every person who contravenes this by-law is guilty of an offence and is subject to a
penalty not to exceed $2,000.00 exclusive of costs, pursuant to the Provincial Offences
Act.
11. By-law No. 7101, 1966, as amended, of the former City of Niagara Falls and all by-laws
of the former Village of Chippawa and the former Townships of Willoughby, Crowland
and Humberstone which are inconsistent with the provisions of this by-law are hereby
repealed.
12. Nothing in this by-law shall be deemed to authorize any fire, burning or other act which is
in contravention of The Environmental Protection Act, 1971 or any regulation made
thereunder and in the event of any conflict between the provisions of this by-law and the
said Act or regulations, the provisions of the said Act and regulations shall govern.
13. (1) For the purposes of this section fire means any outdoor burning, irrespective of the
source of fuel or the use of an appliance.
13. (2) The Council of the Corporation of the City of Niagara Falls declares emissions from
fires that unreasonably interfere with the enjoyment of property to be a public nuisance
pursuant to Section 128 of the Municipal Act, 2001, S.O. 2001, c. 25.
13. (3) Notwithstanding any provision of this by-law or any permission granted by the Fire
Chief or his designate, any fire which is causing a public nuisance is not permitted.
13. (4) The Fire Chief or his designate may order a fire that is causing a public nuisance to
be extinguished immediately, or within such time as the Fire Chief or his designate
specifies in the order.
13. (5) In addition to the power sets out in section 13(4) above, The Fire Chief or his
designate may order the persons in charge of a fire causing a public nuisance to take
steps to eliminate the public nuisance being caused by the fire.
13. (6) In the event that the persons in charge of the fire decline or refuse to obey an order
made or issued pursuant to sections 13(4) or (5) above, the Fire Chief or his designate
may extinguish the fire.
13. (7) In any case in which an order made or issued pursuant to sections 13(4) or (5) above
is not obeyed, or the Fire Department is required to attend at the same property to
attend to a public nuisance caused by a fire more than one time in any 12 month period,
the cost of the attendance by the Fire Department at the property where the fire causing
the public nuisance is located, may be added to the assessment roll entry for that
property and collected in the same manner as municipal taxes.
13. (8) A person is guilty of an offence if that person fails to obey an order issued pursuant
to sections 13(4) or (5) above.
The original by-law was passed on the 20th day of November, 1972.
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J. L. Collinson, Clerk
F. Miller, Mayor