Open Air Burning and Recreational Fires By-law 6788/38/20
Port Colborne, Ontario
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The Corporation of the City of Port Colborne
By-law no. 6788/38/20
Being a By-law to regulate open air burning and recreational fires in the City of Port
Col borne and to repeal by-law no. 6280/106/15
Whereas Section 7.1 (1 )(b) of the Fire Protection and Prevention Act, 1997, S.O.
1997, c.4, as amended provides that a council of a municipality may pass by-laws
regulating fire prevention, including the prevention of the spreading of fires and the
setting of open air fires, including establishing the times during when open air fires may
be set; and
Whereas Section 7.1 (3) of the Fire Protection and Prevention Act, 1997, S.O.
1997, c.4, as amended provides a by-law under this section may deal with different
areas of the municipality differently; and
Whereas Section 7.1 (4) of the Fire Protection and Prevention Act, 1997, S.O.
1997, c.4, as amended provides 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 Section 7.1 (5) of the Fire Protection and Prevention Act, 1997, S.O.
1997, c.4, as amended provides the exercise of powers by an officer appointed under
this section shall be carried out in accordance with Part XIV of Municipal Act, 2001,
other than clause 431 (a) of that Act; and
Whereas Section 13 (1.2) of the Fire Protection and Prevention Act, 1997, S.O.
1997, c.4, as amended provides a fire fighter or such other person as may be
authorized by the Fire Chief may, without a warrant enter on lands or premises on which
a fire is occurring, or that are adjacent to those lands or premises, for the purposes of
pulling down or removing buildings, structures or things on or attached to the lands or
premises on which a fire is occurring or that are adjacent to those lands or premises if,
in the opinion of the Fire Chief, it is necessary to do so to prevent the spread of fire; and
Whereas Section 425 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended (the Act), provides by-laws may be passed by all municipalities for providing
that any person who contravenes any by-law of the municipality passed under the Act,
is guilty of an offence; and
Whereas Section 429 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides that a municipality may establish a system of fines for offences
under a by-law of the municipality passed under this Act. 2006, c. 32, Sched. A, s. 184;
and
Whereas Section 2.4.4.4 of the Ontario Fire Code provides as follows:
(1)
Open air burning shall not take place unless:
(a)
it has been approved, or
(b)
the open air burning consists of a small, confined fire that is:
(i) used to cook food on a grill, barbecue or spit,
(ii) commensurate with the type and quantity of food being cooked,
and;
(iii) supervised at all times.
(2)
Sentence (1) does not apply to the use of an appliance that:
(a)
meets the requirements of the Technical Standards and Safety Act,
2000,or
(b)
is for outdoor use,
By-law no. 6788/38/20
if assembled, has been assembled in accordance with the
manufacturer's instructions, and
Page 2 of 5
(c)
if installed, has been installed in accordance with the manufacturer's
instructions.
Whereas Section 19 (2) of the Fire Protection and Prevention Act, 1997, S.O.
1997, c.4, provides an inspector may, without a warrant, enter and inspect land and
premises for the purposes of assessing fire safety; and
Whereas it is deemed desirable to regulate open air burning in the City of Port
Col borne;
Now therefore the Council of The Corporation of the City of Port Colborne enacts
as follows:
Part 1 - Definitions and Administration
1.1
Definitions
For the purpose of this By-law:
(a)
"Appliance" means a device which meets the requirements of the
Technical Standards and Safety Act 2000;
(i)
is for outdoor use;
(ii)
if assembled, has been assembled in accordance with the
manufacturer's instructions, and;
(iii)
if installed, has been installed in accordance with the
Manufacturer's instructions.
Note: Meaning propane or natural gas fuel.
(b)
"Approved" shall mean the Fire Chief or his/her designate.
(c)
"Barbecue/Pizza Oven" means an appliance, including a hibachi or
permanent structure, designed and intended solely for the cooking of
food in the open air and other similar devices designed and intended
solely for the cooking of food in the open air, but does not include
devices predominantly designed for personal warmth, fire burn areas or
camp fires.
(d)
"Chiminea/Fireplace" means a free standing device, with a vertical
smoke vent or chimney, with an enclosed hearth in which a fire may be
set.
( e)
"City" shall mean The Corporation of the City of Port Col borne.
(f)
"Cooking Fire" shall mean a small confined fire that is:
(i)
used to cook food on a grill, barbecue or spit;
(ii)
commensurate with the type and quantity of food being
cooked;
(iii)
minimum distance from buildings or part thereof and property
lines shall be 3 m ( 1 O').
(iv)
supervised at all times.
(g)
"Seasoned Wood" shall mean the moisture content in the wood has
been reduced to an appropriate level for the intended use of the wood
(this excludes painted, treated, stained wood).
By-law no. 6788/38/20
Page 3 of 5
(h)
"Camp Fire" shall mean a small open air fire not larger than 1 m by 1 m
and height of .6 metres
(i)
"Fire Chief' shall mean the Fire Chief for the City of Port Colborne or
designate including members of the Port Colborne Fire and Emergency
Services Department.
(j)
"Fire and Emergency Services Department" means the Fire and
Emergency Services Department for The Corporation of the City of Port
Colborne, and any member thereof.
(k)
"Officer" means a person commissioned or authorized to fill a public
situation or to perform any public duty: appointed for the purpose of
enforcing by-laws of the Municipality, and it includes any Municipal Law
Enforcement Officer appointed by the City of Port Colborne, Fire Chief,
Deputy Fire Chief, and any police constable who is a member of the
Niagara Regional Police Service or the Ontario Provincial Police
Service.
(I)
"Open Air Burning" means any fire that is approved by the Fire Chief or
their designate.
(m)
"Recreational Fires" means any fire that meets the requirements of the
Open Air Burning and Recreational Fires By-law as identified herein.
1.2
Administration
The Fire Chief shall administer this By-law.
1 .3
Fire Services - Exempt
The Port Colborne Fire and Emergency Services Department shall be exempt
from the provisions of this By-law with respect to open air burning set for the
purposes of education and training individuals.
Part 2 - General Provisions
2.1
Open Air Burning - Regulations
Subject to Sections 2.2 and 2.3 herein, no person shall conduct or permit to be
conducted, an Open Air Burning within the boundaries of the City of Port
Col borne unless permission has first been granted by the Fire Chief or their
designate.
2.2
(a) Exception - Recreational Fires
Every person is permitted to conduct a camp fire providing it meets the following
criteria:
i)
Minimum distance from buildings, property lines and combustible
materials of not less than 3 m (1 O').
ii)
Minimum of 5 m (16.5') vertical clearance from the top of the fire pit to
combustibles.
iii)
Not be larger than 1 m (3') in diameter and a height of .6 m (2').
iv)
Shall be contained at all times.
v)
Shall be supervised by a person at least eighteen (18) years of age at all
times.
vi)
Shall be totally extinguished by 11 p.m.
vii)
Only clean seasoned wood can be burned (this excludes painted,
treated, stained wood).
By-law no. 6788/38/20
Page 4 of 5
viii)
Shall have means to extinguish the fire readily available.
ix)
Wind direction and intensity shall be taken into consideration.
b) Every person is permitted to conduct a camp fire in a campground zoned as
Vacation Residential Zone (VR) in the City of Port Colborne's Zoning By-law,
as amended.
2.3
Response to Complaints
(a)
Should the Fire and Emergency Services Department be dispatched to
a complaint regarding public safety due to a hazard created by a
cooking fire, camp fire or upon notification of prohibited open air burning
not authorized under this by-law within Sections 2.1 or 2.2 (a), the Fire
Chief or their designate will take action to have the fire extinguished,
and the person who owns or occupies the land on which burning or
prohibited Open Air Burning is located shall be responsible for any and
all costs incurred by the City of Port Colborne in its efforts to extinguish
the fire, as provided for within the City's Fee Schedule.
(b)
Should the Fire and Emergency Services Department be called to the
same property more than once within a twelve (12) month period and
the owner/occupant is found to be burning outside of the requirements
of this by-law, they will be charged, as provided for within the City's Fee
Schedule.
(c)
Should the Fire and Emergency Services Department respond to a fire
and the Fire Chief or their designate determine that a fire possess a risk
to life or property they can immediately take all necessary action to
control and extinguish the fire. Section "(c)" of Section 2.3. of this By-
law will supersede Sections (a) and (b) of this Section.
2.4
Exception - Barbecues/Pizza Ovens
Despite Section 2.1 herein the following regulations shall apply for the use of
barbecues/pizza ovens to cook food:
(a)
Every person must place the barbecue/pizza oven on non-flammable
material and in a location other than on a balcony, porch or veranda of a
building, inside any garage, tent, vehicle or structure, in or near dry
vegetation that is conducive to the development or spread of fire or
explosion;
(b)
Every person must supervise the barbecue/pizza oven at all times;
(c)
Every person must use fuel that is clean dry natural wood or a
commercially produced fuel for the purpose of cooking such as charcoal
or briquette, natural gas or propane.
2.5
Failure to Extinguish - Liable for Costs
Should any landowner or occupant fail to extinguish a prohibited Open Air
Burning in a rural area and the Fire Department invokes (c) of Section 2.3. The
person who owns or occupies the land on which the Open Air Burning is
located shall be responsible for any and all costs incurred by the Fire and
Emergency Services Department in its efforts to extinguish the fire, as set out
in the City's Fee Schedule.
Part 3 - Fire Bans
3.1
Notwithstanding any provision in this or any other By-law, the Fire Chief may
declare a complete ban of any burning of any kind in the City.
By-law no. 6788/38/20
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3.2
When determining whether to declare a complete ban on burning, the Fire
Chief may take into consideration any or all of the following factors:
(a)
the air quality index;
(b)
levels of recent precipitation;
( c)
water shortages or restrictions;
(d)
availability of fire fighters and firefighting equipment; and
( e)
the overall fire danger.
3.3
No person shall build, ignite or allow any kind of fire when a complete ban on
burning has been declared by the Fire Chief and is in effect.
3.4
A member of the Fire and Emergency Services Department or an Officer shall
direct a person to extinguish any fire when a fire ban is in place.
3.5
A person who fails to comply with the direction of the Fire Chief or designate
to extinguish a fire during a fire ban commits an offence Fire and Emergency
Services shall extinguish the fire.
3.6
The property owner or tenant shall be liable for all costs incurred by the City of
Port Colborne in its efforts to extinguish the fire, as provided for within the
City's Fee Schedule.
Part 4 - Administration, Enforcement. and Right of Access
4.1
This By-law shall be administered and enforced by the City, the Municipal
By-law Enforcement Officer, Fire Chief or any person appointed or otherwise
delegated the authority of administration and
forcement.
Part 5 - Repeal Former By-law
5.1
By-law No. 6280/106/15 be and it is hereby
Enacted and passed this 8111 day of June, 2020
Mayor
Amber LaPointe
City Clerk