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THE CORPORATION OF THE MUNICIPALITY OF NORTH GRENVILLE
BY-LAW NO. 33-12
A By-Law to Prescribe the Precautions and Conditions
Under Which Fires May be Set in Open Air
WHEREAS the Municipal Act, 2001, as amended, authorizes the Council of a municipality to
pass by-laws to prescribe times during which fires may be set in the open air and the precautions
to be observed by persons setting out fires;
AND WHEREAS the Municipal Act, 2001, as amended, authorizes Council to recover the
expense incurred in doing any such matter or thing as required by by-law, in default of its being
done by the person directed or required to do it, by action, or in like manner as municipal taxes;
AND WHEREAS the Municipal Act, 2001, as amended, authorizes appointed officers to
ascertain whether the by-law is obeyed, and to enforce or carry into effect the by-law;
AND WHEREAS the Municipal Act 2001, as amended, authorizes the Council of a
municipality to pass by-laws to make such other regulations for preventing fire and the spread of
fires as the Council considers necessary.
NOW THEREFORE the Council of the Corporation of the Municipality of North Grenville
enacts as follows:
DEFINITIONS
1.
In this by-law,
"Adverse Effect" means;
a) Impairment of the safety of any person and or;
b) Damage to property
"barbecue" means a portable or fixed device designed and intended solely for the
cooking of food in the open air, but does not include outdoor fireplaces and campfires.
"building" means any structure used or intended for supporting or sheltering any use or
occupancy;
"By-Law Officer" means a person appointed by the Council of the Municipality of North
Grenville as a Municipal Law Enforcement Officer to enforce the provisions of the by-
law;
"brush fire" means an open air fire where the material to be burned does not exceed 3 m
(9.84 ft) in height, width and length and where the open air fire is set and maintained
solely for the purposes of burning wood, tree limbs and branches;
"burn drum" means an open air fire set and maintained in an open top steel barrel that
does not exceed 1.5 m (4.92 ft) in diameter and 1.5 m (4.92 ft) in height and where the
open air fire is set and maintained for the purposes of burning wood, tree limbs, branches
and non-compostable material limited to paper and sisal twine;
"campfire" means an open air fire where the material to be burned does not exceed 60 cm
(23.62 inches) in width and 60 cm (23.62 inches) in height, that is set and maintained
solely for the purposes of cooking food, providing warmth and recreational enjoyment;
"campground" means an area of land owned or operated by a person and that contains
camp sites for the purpose of providing overnight accommodation for tents and trailers in
exchange for monetary payment;
"dangerous condition" means any condition as determined by the Fire Chief that
increases the risk of the spread of a fire or is adverse to public safety;
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"farming business" means a farming business as defined in the Farm Registration and
Farm Organizations Funding Act, 1993, as amended;
"fire ban" means a period of time during which the Fire Chief or his designate declares a
total ban on open air fires;
"firebreak" means open space that surrounds an open air fire and serves as a non-
combustible obstacle to the spread of fire;
"Fire Chief" means the Chief of Fire Services of the Municipality or authorized
designates and includes a By-Law Officer;
"FPPA" means the Fire Protection and Prevention Act, 1997, as amended, and the
regulations enacted thereunder as amended from time to time, or any Act or Regulation
enacted in substitution therefor;
"household waste" means combustible material such as plastics, polyethylene
terephalate, paints, oils, solvents, rubber, insulation, batteries, acids, polystyrenes
(Styrofoam), pressure treated or painted lumber, tires, upholstered furniture, synthetic
fabrics, diapers and hazardous waste as defined in the Environmental Protection Act and
all other similar and like materials but shall not include untreated wood and wood fiber
products such as non-laminated paper and cardboard and boxboard, brush, tree branches /
limbs and leaves;
"highway" means a common and public highway and includes any bridge, trestle, viaduct
or other structure forming part of the highway and, except as otherwise provided,
includes a portion of a highway;
"maintain" means to allow an open air fire to continue to burn and "maintained" and
"maintaining" have a corresponding meaning;
"material to be burned" means the total volume of the materials contained in the fire;
"Municipality" means the Corporation of the Municipality of North Grenville or the
geographic area of the Municipality of North Grenville as the context requires;
"normal farm practice" means a practice that,
(a)
is conducted in a manner consistent with proper and acceptable customs
and standards as established and followed by similar agricultural
operations under similar circumstances, or
(b)
makes use of innovative technology in a manner consistent with proper
advanced farm management practices;
"open air fire" means the burning of material such as untreated wood and wood fiber
products like non-laminated paper and cardboard and boxboard, brush, tree branches /
limbs and leaves where the flame is not wholly contained and includes campfires, brush
fires, burn drums, windrows and outdoor fireplaces, but does not include barbecues;
"outdoor fireplace" means a manufactured, non-combustible, enclosed container
designed to hold a small fire for decorative purposes and the size of which does not
exceed 1 m (3.28 ft) in any direction and includes, but is not limited, to a chiminea;
"owner" means the registered owner of the land;
"person" means any individual, association, firm, partnership, corporation, agent or
trustee and the heirs, executors, or other legal representatives of a person to whom the
context can apply according to law;
"Prohibited Materials" includes household waste, rubber or rubber products, plastic or
plastic products, and waste petroleum products and any material or materials which are
prohibited by the Environmental Protection Act, as amended
"set" means to light an open air fire and "setting" has a corresponding meaning;
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"windrow" means an open air fire where the material to be burned does not exceed 50 m
(164.04 ft) in length, 5 m (16.40 ft) in width and 3 m (9.84 ft) in height and that is set and
maintained solely for the purposes of burning wood, tree limbs and branches as part of
normal farm practices for clearing agricultural land.
INTERPRETATION
2.
(1)
In this by-law, a word interpreted in the singular number has a corresponding
meaning when used in the plural.
(2)
This by-law includes the Schedules attached hereto and the Schedules are hereby
declared to form part of this by-law.
(3)
It is declared that if any section, subsection or part or parts thereof be declared by
any Court of Law to be bad, illegal or ultra vires, such section, subsection or part
or parts shall be deemed to be severable and all parts hereof are declared to be
separate and independent and enacted as such.
(4)
In this by-law, the word "metre" shall be represented by the abbreviation "m",
and the word "centimetre" shall be represented by the abbreviation "cm".
PROHIBITIONS
3.
(1)
No person shall set or maintain an open air fire without first having obtained the
necessary permit from the Fire Chief.
(2)
Despite subsection (1), no person shall set or maintain an open air fire in any
shaded area shown on attached map as Schedule "A".
(3)
Subject to subsection (1), a person owning or operating a campground as
identified on Schedule "B" may apply for a permit to set campfires or open air
fires in an outdoor fireplace.
(4)
No person shall set or maintain an open air fire when a fire ban on open air fires
has been issued by the Fire Chief.
(5)
No person shall set or maintain an open air fire 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 beyond the approved burn site;
(b)
a decreased in visibility on any highway;
(c)
excessive smoke.
(6)
No person shall set or maintain a brush fire or burn drum in rural residential
areas, hamlets, and areas of concentrated development.
APPLICATION FOR AN OPEN AIR FIRE PERMIT
4.
(1)
Any person eighteen (18) years of age or older may apply for an open air fire
permit to the Fire Chief prior to the proposed date of the first open air fire.
(2)
The application shall include:
(a)
the name, address and phone number of the applicant;
(b)
the owner's written consent to the open air fire, if the applicant is
not the owner of the property;
(c)
the municipal address of the location of the proposed open air fire
if it differs from the address of the applicant. A farming business
may offer multiply locations to reflect their agricultural property;
(d)
the applicable open air fire permit fee in accordance with Schedule
"C";
(e)
an indemnification in writing or electronically in accordance with
the terms of Section 11; and
(f)
such other information as may be required by the Fire Chief.
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(3)
Subject to subsections (1) and (2), a person who operates a farming
business may apply for an annual agricultural open air fire permit that
includes permission to set and maintain a windrow as well as brush fire /
burn drum and campfire / outdoor fireplace.
(4)
In addition to complying with subsections (1) and (2), a person who
applies for an agricultural open air fire permit shall also provide, at the
time an application is made, the farm business registration number that is
issued pursuant to the provisions of the Farm Registration and Farm
Organizations Funding Act, as amended.
(5)
The Fire Chief shall issue an open air fire permit unless,
(a)
the application is incomplete;
(b)
there are reasonable grounds to believe that the open air fire may
cause adverse effects;
(c)
there are reasonable grounds to believe that the open air fire will
result in a breach of this by-law, the FPPA, or any other provincial
or federal statute.
CONDITIONS FOR PERMIT ISSUANCE
5.
(1)
No permit holder shall undertake to set or maintain any open air fire
except in accordance with the conditions of the permit.
(2)
The permit holder shall comply at all times with the FPPA, and with all
other applicable municipal by-laws and provincial and federal laws.
(3)
A permit issued under this section is valid on the date of issue and for the
balance of the calendar year in which the permit is issued.
(4)
No holder of a permit issued under this by-law shall set or maintain an
open air fire unless the permit holder,
(a)
notifies the Fire Chief (North Grenville Fire Service) for
permission on the day of each proposed open air fire;
(b)
ensures that a person eighteen (18) years of age or older maintains
constant watch and control over the open air fire at all times from
the time of the setting of the fire until the fire is totally
extinguished;
(c)
produces his or her permit upon being so directed by the Fire
Chief;
(d)
immediately extinguishes the fire upon being so ordered by the
Fire Chief;
(e)
complies at all times with the requirements of Section 6 and, where
applicable, Sections 6, 7, 8 or 9; and
(f)
has equipment capable of extinguishing the fire such as rakes,
shovels, or water immediately available for use at the site of the
open air fire.
(5)
The Fire Chief may attach such additional conditions to a permit as he or
she deems necessary to ensure public safety.
(6)
A permit for an open air fire is not transferable to another person or to a
new location.
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GENERAL REQUIREMENTS FOR OPEN AIR FIRES
BRUSH FIRES AND BURN DRUMS - Annual Open Air Fire Permit
6.
(1)
Where the material to be burned in an open air fire is 3 m (9.84 ft) or less
in length, width and height or is in a burn drum, no permit holder shall set
or maintain a brush fire or burn drum,
(a)
at a distance of less than 25 m (82.02 ft) from any building, hedge,
fence, overhead wiring, highway, or other combustible material;
(b)
where the size of the open air fire will exceed the limits set by this
by-law;
(c)
that is set or maintained with the aid of flammable or combustible
liquids of any kind;
(d)
that uses fuel other than untreated wood and wood fiber products
like non-laminated paper and cardboard and boxboard, brush, tree
branches / limbs, leaves, paper, and sisal twine;
(e)
that uses prohibited materials, which includes household waste,
rubber or rubber products, plastic or plastic products, and waste
petroleum products and any material or materials which are
prohibited by the Environmental Protection Act, as amended;
(f)
before sunrise and after sunset on any day; or
(g)
unless the additional conditions specified on the permit deemed
necessary by the Fire Chief have been met.
CAMPFIRES AND OUTDOOR FIREPLACES - Annual Open Air Fire Permit
7.
(1)
No permit holder shall set or maintain a campfire or outdoor fireplace,
(a)
where the material to be burned in a campfire exceeds 60 cm
(23.62 inches) in length, width, and height;
(b)
where the outdoor fireplace exceeds 1m (3.28 ft) in any direction
and unless the outdoor fireplace has a spark arrester;
(c)
that uses material other than dry firewood;
(d)
unless the additional conditions (if applicable) specified on the
permit deemed necessary by the Fire Chief have been met;
(e)
unless the campfire or outdoor fireplace is surrounded by non-
combustible material;
(f)
unless the campfire is located a distance of not less than 5 m
(16.40 ft) from any building, hedge, fence, overhead wiring or
other combustible material or a highway.
AGRICULTURAL WINDROWS - Annual Agricultural Open Air Fire Permit
8.
No permit holder shall set or maintain an open air fire that is a windrow unless,
(a)
the windrow does not exceed the size limits set out in this by-law;
(b)
the windrow is located a distance of not less than 90 m (295.28 ft) from a
building, overhead wiring or highway;
(c)
the windrow is located a distance of not less than 60 m (196.85 ft) from a
wooden fence rail, hedge or standing timber;
(d)
subject to clauses (b) and (c), the windrow is located a distance of not less
than 30 m (98.43 ft) from any other combustible material;
(e)
a firebreak of 5 m (16.40 ft) in width surrounds the windrow until the
open air fire is extinguished;
(f)
the windrow is constructed at right angles to the prevailing wind direction;
(g)
the windrow is constructed on soil other than peat soil types;
(h)
there is a separation distance of at least 15 m (49.21 ft) between the ends
of the windrows and at least 25 m (82.02 ft) between parallel windrows, if
more than one windrow is set and maintained at the same time at the same
location;
(i)
the windrow is set first at its centre;
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(j)
the permit holder notifies the Fire Chief (North Grenville Fire Service)
each day that the windrow is set and maintained until the windrow is
extinguished;
(k)
the permit holder ceases to add material to the windrow if a fire ban comes
into effect;
(l)
the permit holder uses best efforts to aerate and separate any soil from
wood, tree limbs and branches in the windrow;
(m)
the permit holder ensures that a person eighteen (18) years of age or older
monitors watch and control over the windrow from the time of the setting
of the windrow until there is no visible open flame; and
(n)
the permit holder complies with conditions of clauses (c) to (e) inclusive
and clause (g) of subsection 6(1).
SPECIFIC EVENT - Specific Event Open Air Fire Permit
9.
(1)
Despite subsection 3(2) of this by-law, a community not-for-profit organization,
school or a religious institution may apply in writing to the Fire Chief for an open
air fire permit to conduct campfires or open air fires in an outdoor fireplace for
cultural, religious or recreational specific events.
(2)
The requirements of Section 4 of this by-law apply to an application under
subsection (1).
(3)
The Fire Chief may issue an open air fire permit subject to compliance with
Section 7 as applicable and any additional conditions imposed by the Fire Chief.
(4)
A site inspection of the proposed site of the open air fire may be required by the
Fire Chief prior to issuing a permit.
(5)
A permit issued pursuant to subsection (3) is valid only for the day or days of the
specific event.
(6)
Despite subsection (5), a permit may be issued to the same community not-for-
profit organization or religious institution for the same location for setting and
maintaining a campfire or an open air fire in an outdoor fireplace at more than
one event during the calendar year and this permit shall be valid for the calendar
year.
(7)
No permit holder for a specific event open air fire shall set or maintain a campfire
or an outdoor fireplace that is not in compliance with the requirements of
subsection (3).
DELEGATION OF AUTHORITY - UPDATING MAP(S) (SCHEDULES)
10.
(1)
The Fire Chief is authorized to approve amendments to the Schedules to this by-
law being the "Open Air Fire By-Law", to amend the boundaries of areas in
which open air fires may be set or maintained provided that the amendment is a
result of a change in one (1) or more of the following factors:
(i)
population density;
(ii)
building density;
(iii)
risk management issues, including but not limited to incidence of
false alarms and proximity to forested areas.
INDEMNIFICATION
11.
The applicant shall indemnify and save harmless the Municipality of North Grenville
from any and all claims, demands, causes of action, losses, costs or damages that the
Municipality may suffer, incur or be liable for resulting from the open air fires as set out
in the by-law whether with or without negligence on the part of the applicant, the
applicant's employees, directors, contractors and agents.
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REVOCATION
12.
(1)
Permits issued to a permit holder under this by-law may be revoked by the Fire
Chief if, in the opinion of the Fire Chief, an adverse effect exists in or near the
site of the open air fire.
(2)
Permits issued to a permit holder under this by-law may be revoked by the Fire
Chief if the permit holder fails to comply with the requirements of the permit or
permits and any other provisions of this by-law.
EXEMPTIONS
13.
(1)
The North Grenville Fire Service shall be exempt from the provisions of this by-
law with respect to open air fires for the purposes of training, educating
individuals in fire safety or for research purposes.
(2)
Professional fire prevention trainers shall be exempt from the provisions of this
by-law with respect to open air fires set for the purposes of fire safety training
pursuant to Section 2.8.2.1 of the Fire Code.
(3)
The Municipality shall be exempt from the provisions of this by-law with respect
to open air fires related to municipal works.
OFFENCES AND PENALTIES
14.
(1)
Every person who contravenes any of the provisions of this by-law is guilty of an
offence.
(2)
Every person who is convicted of an offence under this by-law is liable to a fine
as provided for in the Provincial Offences Act..
(3)
Where a person has been convicted of an offence under this by-law,
(a)
the Ontario Court of Justice, or
(b)
any court of competent jurisdiction thereafter may, in addition to
any other penalty imposed on the person convicted, issue an order
prohibiting the continuation or repetition of the offence or the
doing of any act or thing by the person convicted directed towards
the continuation or repetition of the offence.
15.
Every person who sets a fire in contravention of this by-law or who fails to extinguish a
fire once ordered to do so by the Fire Chief shall, in addition to any penalty provided for
herein, be liable to the Municipality for all expenses incurred for the purpose of
investigating, controlling and extinguishing any fire set or left to burn as approved by
Municipal Council - Schedule D. Any costs chargeable to any person pursuant to this
section shall be invoiced to the person and paid to the Municipality within sixty (60) days
of the date of such invoice, failing which the costs may be deemed to be municipal taxes
and added by the Clerk of the Municipality to the Collector's Roll and collected in the
same manner and with the same priority as municipal taxes.
REPEAL
16.
By-Law 33-01 is hereby repealed.
SHORT TITLE
17.
This by-law may be referred to as the "Open Air Fire By-Law".
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EFFECTIVE DATE
18.
This by-law shall come into force on the date of passing.
PASSED AND ENACTED
THIS 14TH DAY OF MAY, 2012.
DAVID GORDON
Mayor
CAHL POMINVILLE
Clerk
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Open Air Fire Not Permitted
This map is not a legal survey and contains errors.
All values, locations and infrastructure are approximate.
±
0
500
1,000
250
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1:19,000
Legend
Open Air Fire Not Permitted
Parcel Fabric
Roads
RD_TYPE
COUNTY RD
MUNICIPAL RD
MUNICIPAL RD
PRIVATE RD
PRIVATE RD
PROVINCIAL HWY 4 / LN
THE CORPORATION OF THE MUNICIPALITY OF NORTH GRENVILLE
BY-LAW NO. 33-12
SCHEDULE "B" - Campgrounds
Campground Municipal Address
Rideau Hill Campground
3560 River Road
THE CORPORATION OF THE MUNICIPALITY OF NORTH GRENVILLE
BY-LAW NO. 33-12
SCHEDULE "C" - Open Air Fire Permit Fees
Annual Open Air Fire Permit $15.00 / permit
Annual Agricultural Open Air Fire Permit
$15.00 / Permit
Specific Event Open Air Fire Permit $40.00 / permit
REPEALED & REPLACED BY 102-15
THE CORPORATION OF THE MUNICIPALITY OF NORTH GRENVILLE
BY-LAW NO. 33-12
SCHEDULE "D" - Cost Recovery Schedule
Description
Amount of Fee
Activated response
$410.00 for the first hour or part thereof per vehicle and $205.00 for every
additional ½ hour or part thereof per vehicle after the 1st hour.
Investigation with by-law contraventions
(by Fire Chief or designate)
$125.00
REPEALED & REPLACED BY 102-15