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The Corporation of the City of Owen Sound
By-law No. 2022-051
A By-law to regulate open air fires
in the City of Owen Sound
WHEREAS subsection 7.1(1)(b) of the Fire Protection and Prevention Act,
1997, S.O. 1997, c. 4, as amended, (the "Fire Protection and Prevention Act")
provides that a council of a municipality may pass by-laws regulating the setting
of open air fires, including establishing the times during which open air fires may
be set; and
WHEREAS section 7.1(4) of the Fire Protection and Prevention Act, provides that
a municipality may appoint an officer to enter upon land and into structures at
any reasonable time to inspect the land and structures to determine whether by-
laws enacted in accordance with this section are being complied with; and
WHEREAS subsection 2.4.4.4(1)(b) of the Fire Code, O. Reg. 213/07, as
amended, prohibits open air burning unless approved, or unless such burning
consists of a small, confined fire, supervised at all times, and used to cook food
on a grill, barbeque or spit, and is commensurate with the type and quantity of
food being cooked; and
WHEREAS subsection 128(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, (the "Municipal Act") provides that, without limiting sections 9, 10,
and 11, a local municipality may prohibit and regulate with respect to public
nuisances, including matters that, in the opinion of Council, are or could become
public nuisances; and
WHEREAS subsection 425(1) of the Municipal Act permits Council to pass by-
laws providing that any person who contravenes any by-law of the municipality
is guilty of an offence; and
WHEREAS subsection 429(1) of the Municipal Act provides that a municipality
may establish a system of fines for offences under a by-law of the municipality;
and
WHEREAS section 444 of the Municipal Act provides that if a municipality is
satisfied that a contravention of a by-law has occurred, the municipality may
make an order requiring the person who contravened the by-law or who caused
or permitted the contravention or the owner or occupier of the land on which the
contravention occurred to discontinue the contravening activity; and
WHEREAS section 446 of the Municipal Act provides that if a municipality has
authority under the Act or under a by-law under this 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 person directed or required to do it, the matter
or thing shall be done at the person's expense; and
WHEREAS on August 21, 2017, the Council of the Corporation of the City of
Owen Sound (the "City") passed Fire By-law No. 2017-140 to regulate open air
fires in the City of Owen Sound, and
WHEREAS on April 25, 2022, City Council passed Resolution No. R-220425-012
directing staff to bring forward a by-law to repeal By-law No. 2017-140 and
replace it with an updated by-law to regulate open air fires in the City, in
PAGE 2
BY-LAW NO. 2022-051
consideration of staff report CR-22-035 presented to the Corporate Services
Committee on March 24, 2022;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
Part I. Short Title, Purpose and Scope
Short Title
1.
This by-law shall be known as the "Open Air Fire By-law".
Purpose
2.
This by-law has been enacted to allow and regulate certain types of fires in
a manner that:
a.
protects the public from fire risks;
b.
protects properties from fire damage; and
c.
mitigates nuisance caused by smoke and odours from fires.
Scope
3.
This by-law shall apply to all open air fires within the City except:
a.
propane and natural gas fired barbecues, outdoor gas fired fireplaces
or home smokers;
b.
approved camp fires located within City owned campgrounds; or
c.
fires for training purposes set by the Fire Department or Georgian
College.
Part II. Interpretation
Headings
4.
The division of this by-law into parts and the insertion of headings are for
convenient reference only and shall not affect interpretation of the by-law.
References to Applicable Law
5.
All references to applicable law are ambulatory and apply as amended from
time to time.
Definitions
6.
For the purposes of this by-law:
"City" means the City of Owen Sound and a reference to the City is a
reference to the geographical area of the City of Owen Sound or to the
Corporation of the City of Owen Sound as the context requires;
"Clean Dry Wood" means wood that has is free of other materials that has
been allowed to dry for at least one year;
"Ceremonial or Special Purpose Fire" means a Fire for first nations
ceremonial or special purposes recognized by the Fire Department and
subject to the limits set out in this by-law;
"Chief" shall mean the Fire Chief or Deputy Fire Chief of the Fire
Department;
"Cooking Fire" means a Fire fueled by commercially produced briquettes or
charcoal subject to the limits set out in this by-law;
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BY-LAW NO. 2022-051
"Enforcing Officer" means a Police Officer, By-law Enforcement Officer, and
any member of the Owen Sound Fire and Emergency Services
Department;
"Fire" means any outdoor fire larger than a single match, candle or lighter
with or without control of the combustion air and without a stack or
chimney to vent the emitted products of combustion to the atmosphere;
"Fire Department" means the Owen Sound Fire and Emergency Services
Department;
"Fire Prevention and Protection Act" means the Fire Prevention and
Protection Act, 1997, SO 1997, c. 4;
"Multiple Dwelling Unit" means a building which contains two or more
dwelling units on the property.
"Nuisance" means the excess smoke, smell, airborne sparks or embers
that are likely to disturb others;
"Occupant" shall mean a person or persons over the age of eighteen years
in possession or control of a property.
"Owner" includes any registered owner, occupant, resident, lessee or
tenant of residential dwelling and includes any person managing any
residential building on behalf of the owner.
"Person" means and includes any person, corporation, association or any
other non-incorporated entity.
"Provincial Offences Act" means the Provincial Offences Act, RSO 1990, c.
P.33; and
"Recreational Fire" means a Fire primarily for recreational purposes subject
to the limits set out in this by-law.
"Townhouse" means a building divided vertically or horizontally into two or
more separate dwelling units, each of which has an independent entrance
either directly or through a common vestibule.
Part III. General
Fires - General
7.
No person, owner or occupant shall set a Fire or allow a Fire to continue
burning in the City other than a Ceremonial Fire, a Cooking Fire or a
Recreational Fire.
Prohibited Locations
8.
No person shall set a Fire or allow a Fire to continue burning in the
following locations:
a.
the downtown area in the City as set out in Schedule "B" of this By-
law; or
b.
any highway, park, walkway, public land, or any other land owned by
or operated under agreement with the City without written
permission from the City.
Prohibited Materials
9.
No person shall burn prohibited materials, as set out in Schedule 'A' of this
by-law, in the City.
PAGE 4
BY-LAW NO. 2022-051
Fire Safety
10.
No person shall set a Fire or allow a Fire to continue burning during a smog
alert or a fire ban declared by the Fire Department.
11.
No person shall set a Fire or allow a Fire to continue burning without
having a portable fire extinguisher, operable garden hose, water supply or
other means of safely extinguishing the Fire is readily available while the
Fire is burning and the Fire is monitored by a person capable of
extinguishing the Fire with the extinguishing device provided.
12.
No person shall ignite or release a Flying Lantern within, or that flies over,
the geographical boundaries of the City.
13.
No person shall set a recreational fire on a property that contains a
multiple dwelling unit or townhouse.
Orders
14.
Any Enforcing Officer may order the extinguishing of any Fire or order that
no additional burning material be added to a Fire that:
a.
contravenes this by-law; or,
b.
in the opinion of the Enforcing Officer, presents or could present a
safety hazard or Nuisance.
15.
No person shall allow a Fire to continue burning or add additional burning
material to a Fire contrary to an order issued by an Enforcing Officer.
16.
In addition to any penalty set out in this by-law, any person who fails to
abide by an order issued by an Enforcing Officer shall be responsible for all
costs and expenses resulting from any activity by the Fire Department to
control or extinguish the Fire. Where applicable, such costs shall be
calculated in accordance with the City's Fees and Charges By-law.
Part IV. Cooking Fires
Combustible Materials
17.
No person shall burn or allow the burning of any material other than
commercially produced briquettes, clean dry wood or charcoal in a Cooking
Fire.
Fire Safety
18.
No person shall set a Cooking Fire or allow a Cooking Fire to continue
burning with a flame higher than 15 cm tall.
19.
No person shall set a Cooking Fire or allow a Cooking Fire to continue
burning unless:
a.
the Cooking Fire is enclosed in a device manufactured for cooking
and the device is setback from all combustible materials in
accordance with the manufactures instructions; or
b.
the Cooking Fire is enclosed on the bottom and all sides by non-
combustible materials and the enclosure is;
i.
less than 0.46 square meters/5 square feet in size; and
ii.
setback 1 m from all property lines and combustible materials.
20.
No person shall set a Cooking Fire or allow a Cooking Fire to continue
burning unless the Cooking Fire is monitored by a person on the property
capable of extinguishing the Fire until it is completely extinguished.
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BY-LAW NO. 2022-051
Part V. Recreational Fires
Combustible Materials
21.
No person shall burn or allow the burning of any material other than Clean
Dry Wood in a Recreational Fire.
Fire Safety
22.
No person shall set a Recreational Fire or allow a Recreational Fire to
continue burning unless:
a.
the Recreational Fire is enclosed in a device manufactured for
Recreational Fires and:
i.
the device is setback from all combustible materials in
accordance with the manufactures instructions;
ii.
the recreational fire is located in a container, apparatus or has
a physical barrier;
iii.
the device is setback 3 meters from buildings, structure,
decks, combustibles and all lot lines;
iv.
the fire is contained completely within the device;
v.
the enclosure is less than 0.46 square meters/5 square feet in
size; and
vi.
the height of the flame is less than 45 cm;
23.
No person shall set a Recreational Fire or allow a Recreational Fire to
continue burning between 2:00 am and 2:00 pm.
24.
No person shall set a Recreational Fire or allow a Recreational Fire to
continue burning where:
a.
rain or fog is present; or
b.
the wind may endanger a person or structure or cause the fire, ash
or cinders to spread beyond the perimeter of the Recreational Fire.
25.
No person shall set a Recreational Fire or allow a Recreational Fire to
continue burning without a person capable of extinguishing the Fire
constantly monitoring the Fire from a position with a direct line of sight
until the Fire is completely extinguished.
Part VI. Ceremonial or Special Purpose Fires
Exemptions by Fire Chief or City Council
26.
Upon request, the Chief or City Council, at their discretion, may authorize
in writing an exemption to this by-law for a Ceremonial or Special Purpose
Fire deemed a public benefit, subject to the following conditions:
a.
a request for a Ceremonial or Special Purpose Fire shall not be
authorized which burns material that is prohibited by section 9 of
this by-law;
b.
in authorizing a fire, the Chief or City Council may, in writing, set out
any terms or conditions for the Fire deemed necessary to:
i.
protect the public from fire risks;
ii.
protect properties from fire damage; and
iii.
mitigate nuisance caused by smoke and odours from fires.
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BY-LAW NO. 2022-051
Exemption - General
27.
Breach of any of the terms or conditions of an exemption shall render the
exemption null and void.
Part VII. Enforcement and Penalty
Enforcement
28.
Any Enforcing Officer may enforce the provisions of this by-law.
29.
Any Enforcing Officer may enter on any property at all reasonable times to
enforce the provisions of this by-law.
30.
No person shall interfere with or obstruct an Enforcing Officer while
performing their duties under this by-law.
Penalty
31.
Any person, owner, occupant, organization, or business who contravenes
the provisions of this by-law is guilty of an offence and, upon conviction, is
subject to the penalty set out in the Provincial Offences Act.
Part VIII. Part VIII. Conflict and Transition
Conflict and Severability
32.
In the event the provisions of this by-law are inconsistent with the
provisions of the Fire Protection and Protection Act, its regulations or any
other Act, the provisions of the act or regulation shall prevail.
33.
The terms and provisions of this by-law shall be severable and should any
term or provision be found by a court of competent jurisdiction to be
legally unenforceable, in operative or invalid, the remainder of the by-law
shall continue to be in full force and effect.
Repeal and Enactment
34.
By-law No. 2017-140 is repealed.
35.
This by-law shall come into full force and effect on the date it is passed at
which time all by-laws, policies and resolutions that are inconsistent with
the provisions of this by-law are hereby repealed insofar as it is necessary
to give effect to the provisions of this by-law.
FINALLY PASSED AND ENACTED this 9th day of May 2022.
Signature on file
Mayor Ian C. Boddy
Signature on file
Briana M. Bloomfield, City Clerk
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BY-LAW NO. 2022-051
Schedule A to By-law No. 2022-051
Prohibited Materials
36.
Prohibited materials for the purposes of section 9 of this by-law include:
a.
Agricultural waste including any animal fecal deposits or manure,
and animal carcasses;
b.
Automotive waste including used automobile and truck bodies, tires,
oil, grease, paint, cloth, rags, plastics or other material, which
contents include any of the aforementioned;
c.
Compostable materials including waste products from plants, trees,
or other vegetation that are naturally bio-degradable including grass
clippings, leaves, tree needles, garden waste, and weeds;
d.
Construction waste including any material resulting from, or
produced by, the complete or partial construction of a structure,
including, but not limited to, pipe, concrete, asphalt, roofing
material, masonry, wire, treated wood, particle board, paint, painted
wood, drywall, tar, and asphalt products;
e.
Demolition waste including any material resulting from or produced
by the complete or partial destruction or tearing down of a building;
f.
Domestic waste including kitchen waste, food, scraps, cloth, rags,
clothing, plastics and any other materials which contents include any
of the aforementioned, including cardboard or newspaper; and
g.
Industrial or commercial waste including any material resulting from,
or produced by, any business, manufacturing process, trade, market
or other undertaking.
PAGE 8
BY-LAW NO. 2022-051
Schedule B to By-law No. 2022-051
No Open Air Burn District