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## THE CORPORATION OF THE TOWN OF PETROLIA BY-LAW NUMBER 40-2013
## BEING A BY-LAW TO REGULATE THE ESTABLISHMENT OF OPEN AIR BURNING
WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, Section regian is armended is in house of ounce spre mag or sis, ans regulating the setting of open air fires, including establishing the times during which open AND WHEREAS Section 2.6.3.4 of the Ontario Fire Code provides for the prohibition AND WHEREAS Section 5 (3) of the Municipal Act allows Councils of Municipalities to pass by-laws;
enacts as follows:
AND WHEREAS the Council of the Corporation of the Town of Petrolia deems it appropriate to enact a by-law to regulate open air burning; NOW THEREFORE the Council of the Corporation of the Town of Petrolia hereby
## DEFINITIONS
"Acceptable Burn Materials" means commercially produced charcoal or briquettes, small amounts of white or brown paper or cardboard used to start a fire, dry seasoned wood that sold for the purpose of recreational campfires and not exceeding the maximum permitted Recreational Fire dimensions defined in this By-Law.
"Barbecue" means appliances including a Hibachi a permanent structure designed and intended solely for the cooking of food in the open air, but does not include devised predominantly designed for personal warmth, fire pits or camp fires.
on a grill or barbeque.
"Cooking Fire" means a small, confined fire supervised at all times and used to cook food
"Flying Lanterns" means a small paper hot air balloon, fuelled by open flame.
"High Risk Period" means any period of time, when due to extreme dry, high wind or other conditions, there is a higher than normal risk of unwanted spread of fire, as determined by the Ontario Fire Marshal, the Petrolia and North Enniskillen Fire Chief, and Town of Petrolia Chief Fire Inspector identified as a High Risk Period.
"Town of Petrolia Fire Chief" means the Fire Chief of the Petrolia and North Enniskillen designates.
Fire Department and or the Chief Fire Inspector for the Town of Petrolia and/or his or her
"Open Air Burning" means a fire set in the Open Air.
"Open Fire" means any open fire other than that defined as a "Cooking Fire" or "Recreational Fire" under this By-Law.
"Poor Air Quality Day" means any period of time when a Poor Air Quality Advisory has been issued by Environment Canada or other recognized government health or meteorological agency.
"Prohibited Burn Materials" means any material other than as described under "Acceptable Burn Materials". Specifically prohibited under this By-Law and not to be burned under any circumstances include household waste, human or animal excrement, leaves, grass, treated lumber, insulation, asphalt shingles or other construction materials, commercial by-products such as those generated from wood working, deck-building or landscaping businesses, tires, rubber, plastic, styrofoam, petroleum or other potentially toxic waste materials.
"Recreational Fire" means a small outdoor fire such as a campfire set within a confined area or device such as an outdoor fireplace or fire pit, situated in a "Safe Location" and measuring no more than 0.70m (27") in any dimension and supervised at all times.
delineated and identified in the attached Schedule "A".
"Restricted Area" means those lands within the Corporation of the Town of Petrolia
"Safe Location" means outdoors and not on a porch or balcony area that is roofed or otherwise covered, or near dry vegetation, or in any other place conducive to unwanted development or spread of fire or explosion, or supported by combustible material. The Safe Location shall be a minimum of 5 metres from any structure and a minimum of 3 metres from adjacent property lines.
"Unrestricted Area" means those lands within the Corporation of the Town of Petrolia other than those delineated and identified in the attached Schedule "A".
## GENERAL PROVISIONS
No person shall set or maintain a fire in contravention of the Ontario Fire Code, the Environmental Protection Act R.S.O. 1990, Chapter E. 19, or any other statutory requirements of the Province of Ontario or the Dominion of Canada.
No person shall set a Recreational Fire or an Open Fire during a period identified as a Poor Air Quality Day or a High Risk Period.
No person shall set a Recreational Fire or an Open Fire so as to have smoke or debris interfere with vehicular traffic or otherwise pose a safety hazard on a public roadway.
of the burn restricts neighbours from enjoyment of the normal use of their property or causes
No person shall set a Recreational Fire or an Open Fire if the wind conditions or the quality discomfort to persons in the immediate area.
The fire must be supervised at all times;
The fire must be fueled only with Acceptable Burn Materials;
5) Cooking Fires may be permitted within Restricted Areas every person who sets a cooking fire shall comply with the following regulations: The fire must be set in a Safe Location, on the landowners own property and contained within an appropriate device;
- Effective means of extinguishment must be readily available, and The fire must be fully extinguished before being left unsupervised.
to this By-law.
No person shall set an Open Fire in Restricted Areas as identified in Schedule "A" attached No person shall ignite or use a flying lantern.
No person shall set fires for training purposes or fire extinguisher safety demonstrations, without the prior approval of the Town.
No person shall burn anything defined as Prohibited Material.
9)
- 10) Open Fires set to eliminate Acceptable Burn Materials may be permitted and every person who sets an Open Fire shall comply with the following regulations:
open from Monday to Friday, 8:30 A.M. - 4:30 P.M. excluding statutory holidays.
a) Obtain an Open-Air Burn Permit from the Town of Petrolia Municipal Office which is An open-air burning permit is not required for Cooking Fires or Recreational Fires as defined in the By-Law:
f) Effective means of extinguishment must be readily available;
- b) Open fires must be contained to the daylight hours; c) Open fires must be set on the landowners own property; d) Open fires must be fueled only with Acceptable Burn Materials: e) Open fires must be supervised at all times
g) Open fires must be fully extinguished before being left unsupervised, and
) Acceptable burn material must be generated on the landowner's property.
heating devices and incinerating devices.
11) The restrictions contained within this by-law are also applicable to the use of enclosed
## LIABILITY & ENFORCEMENT
The following Liability and Enforcement provisions shall apply to all Open Air Burning within
the Corporation of the Town of Petrolia.
Where Open Air Burning is permitted under this By-Law, any person who starts a fire
12)
supervision and ready access to effective means of extinguishment;
a) Take all reasonable steps to keep the fire under control including continuous from the said fire;
c) Be responsible for any damage to property or injury to persons that may result
b) Extinguish the fire before leaving the site of the fire;
personnel, equipment and apparatus necessarily called to investigate, respond or
d) Be liable for costs incurred by the Corporation of the Town of Petrolia, including if said person who sets a fire is a tenant of the property then the Town will extinguish said fire;
attempt to invoice the tenant if the tenant information is available;
ultimately responsible for the charges and will be invoiced. Any unpaid
ii. if payment is not received from the tenant, then the property owner is amounts will be added to the tax roll and will be collected in the same
## manner as property taxes.
Any person who contravenes any provision of this By-law is guilty of an offence and is liable to a fine not exceeding $5,000.00 under the Provincial Offences Act; and may also be liable for costs established under the By-Law to Establish Fees that being a By-Law to Establish Various Fees and Charges for Services provided by the Corporation of the Town of Petrolia.
13)
- b) The owner or occupant of land on which a prohibited open air burning is located, shall immediately extinguish the fire upon being ordered to do so by the Fire
14) Order to Extinguish unapproved fires: a) When made aware of a prohibited open air burning not authorized under this ByLaw, the Fire Chief shall order the land owner or occupant to immediately extinguish the fire.
c) Should any land owner or occupant fail to extinguish a prohibited open air burning when ordered to do so by the Fire Chief, the Fire Chief may take action to have the fire extinguished, and the person who owns or occupies the land on which the open burning is located shall be responsible for any and all costs incurred by the Petrolia and North Enniskillen Fire Department in its efforts to extinguish the fire.
BY-LAW 40-2013
THE CORPORATION OF TOWN OF PETROLIA
SCHEDULE "A"
RESTRICTED AREA
OPEN AIR BURNING BY-LAW
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## BY-LAW 40-2013 OPEN AIR BURNING BY-LAW
## THE CORPORATION OF TOWN OF PETROLIA
## SCHEDULE "B" SHORT FORM WORDING AND SET FINES PART I PROVINCIAL OFFENCES ACT
| COLUMN 3 Set Fine | $250.00 | $200.00 | $ 200.00 | $200.00 | $200.00 | $200.00 | $ 200.00 | $200.00 | $ 200.00 | $ 200.00 | $ 200.00 | $ 500.00 | $ 200.00 | $ 200.00 | $200.00 | $ 200.00 | $200.00 | $200.00 $300.00 | $ 500.00 |
|---------------------------------------------------------|--------------------------------------------------|-------------------------------------------|------------------------------------------------------------|-----------------------------------|--------------------------------------------------|--------------------------------|------------------------|----------------------------------------------|----------------------------------------------------------------------|---------------------------------------------------------|------------|-----------------------------------------------------------------------|--------------------------------|-----------------------------|---------------------------------------------|--------------------------------------------------|-------------------------------------------|---------------------------------------------------|------------------------------------------------|
| COLUMN 2 Offence Creating Provision or Defining Offence | Sect 2 | Sect 3 | Sect 4 | Sect 5(a) | Sect 5(b) | Sect 5(c) | Sect 7 | Sect S(d) | Sect 5(e) | Sect 6 | Sect 7 | Sect 8 | Sect 9(a) Sect 9(b) | Sect 9(c) | Sect 9(d) | Sect 9(e) | Sect 9(f) | Sect 9(g) | Sect 9(h) |
| COLUMN I Short Form Wording | Burn on poor air quality day or high risk period | Smoke or debris causing hazard on roadway | Smoke causing loss of enjoyment to neighbouring properties | Cooking fire not in safe location | Cooking fire fueled by prohibited burn materials | Cooking fire left unsupervised | Use of Flying Lanterns | Cooking fire with no means of extinguishment | Fail to extinguish cooking fire Open fire burning in restricted area | Set fire for training purposes or demonstration without | approval | Burning prohibited material Fail to obtain an Open Air Burning Permit | Burning outside daylight hours | Burning not on own property | Burning fueled by prohibited burn materials | Fail to supervise open fire in unrestricted area | Open fire with no means of extinguishment | Fail to extinguish open fire in unrestricted area | Burning of materials not generated on property |
| ITEM | | | | | | | | | 10. | 11. | | | 13. 14. | 15. | 16. | 17. | 18. | 19. | 20. |
NOTE: The penalty provision(s) for the offence(s) indicated above is Section 12 of By-law Number 40-2013, a certified copy of which by-law has been filed.
particular municipal address, the Petrolia North Enniskillen Fire Department shall immediately take whatever steps are necessary to extinguish a fire that is an open air burning found not to be in compliance with this By-Law. Upon verbal verification by the Petrolia North Enniskillen Fire Department that the fire is exting anded, the person who Lans or of 20 hip outy shalt ply her open Burning - No permit where a permit is required".
- d) Notwithstanding subsection 13(a), on the third attendance in any calendar year to a
## PROVINCIAL LEGISLATION
Nothing in this By-Law shall supersede or waive the requirements of any Provincial Legislation and/or Regulation.
## PENALTY PROVISIONS
1. Any person who contravenes any portion of this By-Law is guilty of an offence and upon conviction for such contravention, shall forfeit and be liable to pay the set fine, plus costs incurred in enforcement, and costs associated therewith may be recovered under the provisions of the Provincial Offences Act R.S.O. 1990, Chapter p-33, as amended.
THAT the short form title of this By-law shall be the Open Air Burning By-Law THAT any By-Laws or provisions of By-Laws found to be inconsistent with the provisions found in this By-Law shall be and are hereby repealed including Town of Petrolia By-Law 75-2011.
THAT this By-Law to go into force and effect upon the final passing thereof.
By-Law Read a First, Second and Third Time and finally passed this 12'* day of August, 2013.
Mayor
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