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CITY OF ST. CATHARINES
BY-LAW NO. 2015° - 2 9
A By-law to regulate the setting and maintaining of Open Air Fires and some other
aspects of fire prevention in the City of St. Catharines.
WHEREAS Section 7.1(1) of the Fire Protection and Prevention Act, 1997, S.O. 1997
c.4, as amended, states that a council of a municipality may pass by-laws regulating fire
prevention including the prevention of the spreading of fires, and regulating the setting
of open air fires, including establishing the times during which 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 that a by-law under this section may deal with different
areas of the municipality differently;
AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, C.25, as amended
provides that a municipality may prohibit and regulate with respect to public nuisances,
including matters that, in the opinion of Council, are or could become or cause a public
nuisance;
AND WHEREAS Section 7.1(4) of the Fire Protection and Prevention Act, 1997, S.O.
1997, c.4, as amended, 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 Section 391(1) of the Municipal Act, 2001 , S.O. 2001, C.25, as
amended, provides that despite any Act, a municipality and a local board may impose
fees or charges on any person for services or activities provided or done by or on behalf
of it or for costs payable by it for services or activities provided or done by or on behalf
of any other municipality or local board;
2
AND WHEREAS Section 446(1) of the Municipal Act, 2001, S.O. 2001, c25, as
amended, provides that if a municipality has the authority by any Act or under a by-law
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 Section 446(3) provides that the
municipality may recover the costs of doing a matter or thing from the person required
to do it by action or by adding the costs to the tax roll and collecting them in the same
manner as property taxes;
AND WHEREAS the Council of The Corporation of the City of St. Catharines is
desirous of enacting a by-law to regulate the setting and maintaining of open-air fires
and reducing the public nuisance arising from such fires:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF ST.
CATHARINES enacts as follows:
SECTION 1
TITLE
1.1
This by-law may be cited as the "Open Air Burning By-Law".
SECTION 2
DEFINITIONS
2.1
In this by-law:
Agricultural Fire means an Open Air Fire occurring outside of the urban boundary of
the City which is set and maintained for the purpose of burning branches, prunings and
stumps which are gathered from the property on which the fire is taking place.
City means The Corporation of the City of St. Catharines.
Cooking Fire means an Open Air Fire which uses open flames from natural gas,
propane, charcoal, wood, etc. for the purpose of cooking food for human consumption.
Commercial Purposes means the serving of food to the public, including during a
private or by invitation only event, in return for financial remuneration whether through
fixed price, or by way of donation.
3
Fire Chief means a fire chief appointed under subsection 6 (1), (2) or (4) of the Fire
Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, for The Corporation
of the City of St. Catharines, or his/her designate.
Listed means equipment included in a list published by a certification organization
accredited by the Standards Council of Canada (i.e.: ULC, CSA).
Occupant means any person over the age of 18 in possession of a dwelling unit.
Open Air Fire means any fire, including a fire in a smouldering state, taking place
outdoors and shall include fires for personal or commercial use. The method or amount
of containment shall have no relevance to the provisions of this by-law.
Owner includes any person, firm or corporation having control over any portion of a
dwelling unit, multi residential structure, building, lands or premises and may include
landlords, building managers, rental agents, agents, trustee, representative of the
owner, superintendents and includes any other person to whom rent is payable.
Permit means a permit issued by St. Catharines Fire and Emergency Services for the
purposes of allowing an open air fire, subject to compliance with a set of rules and
guidelines.
Smoker means a device whether commercially produced or homemade used for the
purpose of cooking foods for human consumption through the use of heat and smoke
only and not open flame.
2.2
Definitions of words and phrases used in this by-law that are not included in this
list of definitions have the definitions assigned to them under Subsection 1.4.1 of
the Ontario Fire Code, or, where not defined, the meaning commonly assigned.
2.3
Conversion: Distances and measurements in this by-law are provided in metric.
The following conversions are provided:
457 mm=
17.99 inches
.3 metres = .98 feet
.75 metres= 2.46 feet
1 metre =
3.28 feet
3 metres=
9.84 feet
5 metres =
16.4 feet
4
6 metres=
19.69 feet
10 metres= 32.80 feet
30 metres = 98.42 feet
24 km/h =
14.91 mph
12 litres =
3.17 gallons
200 litres =
52.83 gallons
SECTION 3
SCOPE
3.1
The provisions of this by-law shall be applicable to all lands and properties
within the municipal limits of the City.
3.2
Nothing in this by-law shall be construed as limiting, restraining, impeding or
otherwise conflicting with any other by-law, Act or Regulation made thereunder.
3.3
Any Open Air Fire under the direct and constant supervision and control of St.
Catharines Fire and Emergency Services is exempt from the provisions of this
by-law.
SECTION 4
RESTRICTION ON BURNING
4.1
No person shall set or maintain an Open Air Fire, or cause an Open Air Fire to be
set or maintained, or to have an Open Air Fire on their land, with or without their
consent, except in accordance with a Permit issued pursuant to Section 5 this by
law and except as exempt pursuant to Section 6 of this by-law.
SECTION 5
FIRES REQUIRING PERMIT
5.1
No person shall set or maintain an Agricultural Fire unless a Permit has been
issued by St. Catharines Fire and Emergency Services.
5.2
Except as otherwise provided for in the Permit issued pursuant to Section 5.1 of
this by-law, a Permit holder shall not set or maintain, or cause an Agricultural Fire
5
to be set or maintained, or have an Agricultural Fire on their land, with or without
their consent:
(i)
between sunset and sunrise, as published from time to time on the City's
website or other agency or organization recognized by St. Catharines Fire
and Emergency Services;
(ii)
when the wind velocity is greater than 24 km per hour as recorded at the
Niagara District Airport;
(iii)
at a distance of less than 30 metres from any building, structure, property
line, fence, roadway, overhead wires, or other combustible materials or
items;
(iv)
without a suitable means of control or extinguishment within 10 metres of
the Agricultural Fire location consisting of one of the following:
(a)
a minimum of two portable fire extinguishers with a minimum rating
of2A;
(b)
a vessel containing not less than 200 litres of water with an opening
not less than 457 mm and three 12 litre pails;
(c)
Earth moving equipment (ie: backhoe, front end loader, bobcat,
etc.); or
(d)
A portable pump along with a minimum of 30 metres of hose
capable of pumping from a water source containing a minimum of
200 litres of water.
(v)
which exceeds a maximum of 10 metres in diameter and 5 metres in
height;
(vi)
where the Agricultural Fire creates a nuisance to traffic or any person, as
determined by St. Catharines Fire and Emergency Services;
(vii)
on any days considered to be a "smog" or "save the air" day by the Health
Department of The Regional Municipality of Niagara or by the Province of
Ontario for the Region of Niagara;
(viii) unless the Agricultural Fire is supervised at all times by a responsible
person over 18 years of age who is equipped with a cell phone or similar
device capable of contacting 9-1-1; and
6
(ix)
unless the original Permit, or a copy thereof is available on site of the
Agricultural Fire and that same is provided to any member of St.
Catharines Fire and Emergency Services on site for the purposes of
inspection, investigation or response immediately upon demand.
5.3
The Fire Chief may, upon application, issue a Permit to allow an Open Air Fire
not otherwise permitted pursuant to the provisions of this By-law. A Permit issued
under this Section shall be subject to such terms and conditions as the Fire
Chief, in his or her sole discretion, deems appropriate in the circumstances.
5.4
An application for a Permit under Section 5.1 or Section 5.3 of this by-law must
be made on forms provided by St. Catharines Fire and Emergency Services.
5.5
Each completed application for a Permit must be submitted to St. Catharines Fire
and Emergency Services and shall be accompanied by the appropriate fee as set
out in the Rates and Fees By-law for the City of St. Catharines, in effect at the
time of the application.
5.6
A Permit may only be applied for by the Owner of the property, an agent acting
on behalf of the Owner of the property, or a lawful Occupant of the property with
the written permission of the property Owner.
SECTION 6
EXEMPTIONS
6.1
FIRES AND SMOKERS
6.1.1 A person or persons may, without a Permit to do so, set or cause to be set and
maintained a Cooking Fire located in a device other than a barbecue, for
personal use between the hours of 8:00 a.m. and 11 :00 p.m. provided that:
(i)
the Cooking Fire area is not more than .75 metres x .75 metres in size and
not more than .3 metres in height;
(ii)
the Cooking Fire area is contained by a non-combustible barrier and is
equipped with a grill;
7
(iii)
the Cooking Fire is located not less than 3 metres horizontally from any
structure, overhang or balcony, property line, tree, fence, roadway,
overhead wires or other combustible material unless the device is listed
for clearances of less than 3 metres and a copy of the listing is attached to
the device and in a legible form. Nothing in this subsection shall prohibit a
device other than a barbecue from being used on a combustible deck
provided that the bottom of the device is a minimum .75 metres above the
combustible deck surface;
(iv)
the Cooking Fire is located not less than 3 metres from all building
openings and intakes;
(v)
the Cooking Fire or smoke does not create a nuisance to any person as
determined by St. Catharines Fire and Emergency Services;
(vi)
the person having set the Cooking Fire is in constant watch and control of
the Cooking Fire and is no farther than 5 metres from the Cooking Fire
from the time the fire is set until such time as the Cooking Fire is totally
extinguished;
(vii)
a suitable means of extinguishment is available while the Cooking Fire is
burning (examples: fire extinguisher, garden hose);
(viii) the material being burned is restricted to charcoal, and/or dry natural wood
which has not, or appears not to have been treated or painted.
No
building materials, manufactured or altered wood products may be burned;
(ix)
the person setting or maintaining the Cooking Fire is the Owner of the
property, or a lawful Occupant of the property; and
(x)
the fire is extinguished immediately upon completion of cooking.
6.1.2 A person or persons may, without a Permit to do so, set or cause to be set and
maintained a Cooking Fire located in a barbecue, for personal use between the
hours of 8:00 a.m. and 1 :00 a.m. the following day provided that:
(i)
the Cooking Fire is located not less than 1 metre horizontally from any
structure, overhang or balcony, property line, tree, fence, roadway,
overhead wires or other combustible material unless the device is listed
for clearances of less than 1 metre and a copy of the listing is attached to
8
the device and in a legible form. Nothing in this subsection shall prohibit a
barbecue from being used on a combustible deck provided that the bottom
of the barbecue is a minimum . 75 metres above the combustible deck
surface;
(ii)
the surface of the Cooking Fire is located not less than 3 metres below
any overhead objects;
(iii)
the Cooking Fire is located not less than 3 metres from all building
openings and intakes;
(iv)
the Cooking Fire or smoke does not create a nuisance to any person as
determined by St. Catharines Fire and Emergency Services;
(v)
the person having set the Cooking Fire is in constant watch and control of
the Cooking Fire and is no farther than 5 metres from the Cooking Fire
from the time the fire is set until such time as the Cooking Fire is totally
extinguished;
(vi)
a suitable means of extinguishment is available while the Cooking Fire is
burning (examples: fire extinguisher, garden hose);
(vii)
barbecues shall only utilize natural gas, propane, charcoal or dry natural
wood that has not, or appears not to have been, treated or painted. No
building materials or manufactured or altered wood products may be
burned in a barbecue; and
(viii) the Cooking Fire shall be extinguished immediately upon completion of
cooking.
6.1.3 A person or persons may, without a Permit to do so, set or cause to be set and
maintained an Open Air Fire in a Smoker for personal use between the hours of
8:00 a.m. and 1 :00 a.m. the following day provided that:
(i)
the restrictions identified in 6.1.1 (iii)-(x) of this by-law are observed; and
(ii)
the Smoker is constructed of metal or a similar non-combustible material
designed to contain the smoke and smouldering or burning materials in
the chamber.
9
6.2
COOKING FIRES AND SMOKERS FOR COMMERCIAL PURPOSES
6.2.1 A person or persons may, without a Permit to do so, set or cause to be set and
maintained a Cooking Fire, including an Open Air Fire in a Smoker, for
commercial purposes between the hours of 8:00 a.m. and 12:00 midnight
provided that:
(i)
the cooking device is constructed of a non-combustible material designed
to contain any burning or smouldering material including any ash that may
be produced;
(ii)
any device using propane or natural gas shall be designed for outdoor use
and must meet all applicable requirements of the Technical Standards &
Safety Authority at all times;
(iii)
the device is located not less than 3 metres away from any combustibles,
including fences, vehicles, benches, unless the device is listed for
clearances of less than 3 metres and a copy of the listing is attached to
the device and in a legible form;
(iv)
the device is located not less than 3 metres from all building openings and
intakes;
(v)
The device may be located under a non-combustible canopy or a flame
retardant canopy or tent provided that it is intended to be used only as
protection for the cooking appliance and is not part of a building and no
persons other than those preparing food shall be permitted under this
protection. This shelter shall be removed for service should it be found to
be contaminated with grease or carbon which may affect its flammability.
(vi)
a portable fire extinguisher which is new or has been certified by a
qualified service company during the past 12 months and has a minimum
rating of 2A 1 OBC must be available at each cooking site.
Fire
extinguishers must be clearly visible, and easily accessible and shall not
be stored inside a cabinet or compartment;
(vii)
smoke from the cooking process must not present a nuisance to any
persons;
(viii) any ash that is produced through the cooking process shall be removed
and contained in a non-combustible receptacle with a tight fitting lid
10
designed to prevent air from coming into contact with the ash and to
prevent the ash from entering the air or onto the ground. Ash receptacles
shall be maintained by emptying and/or removal from the site by the
owner of the commercial cooking /smoker operation when necessary;
(ix)
no ash shall be disposed of in receptacles owned by the City. The
operator of a commercial cooking operation or Smoker operation shall
remove all ash from City property immediately after it is produced; and
(x)
all commercial cooking and Smoker equipment shall be arranged or
positioned to prevent persons, other than those operating the equipment,
from coming into contact with any hot surfaces.
6.2.2. The City and St. Catharines Fire and Emergency Services reserve the right to
advise the Technical Standards & Safety Authority of the location of any fuel fired
appliance being operated in the City and to request an inspection of the
appliance to be conducted and a satisfactory report provided.
Any costs
associated with the Technical Standards & Safety Authority shall be the
responsibility of the Owner.
6.3
OTHER FLAMING DEVICES
6.3.1 A person or persons may, without Permit to do so, set or cause to be set and
maintained an Open Air Fire which is supervised at all times and is located in or
originating in:
(i)
a gel pot designed to hold individual gel pots provided that the gel pot
does not exceed 16 ounces;
(ii)
candles, or tiki torches with a total fuel capacity of not more than 12
ounces; and
(iii)
propane or natural gas appliances Listed and approved for use in Canada
when operated as per the manufacturer's instructions and as per its listing
label.
6.3.2 Any propane or natural gas appliance that does not have a Listed label affixed
shall be deemed to not meet the requirements of Section 6.3.1 (iii) of this by-law
11
and shall not be used unless a field approval has been issued by the Technical
Standards & Safety Authority.
6.3.3 Open Air Fires maintained pursuant to 6.3.1 must be maintained in a safe
manner so as not to create a hazard or nuisance to any person or property.
SECTION 7
FIRE BANS
7.1
Despite the existence of a valid Permit issued pursuant to Section 5 of this by
law, or an exemption provided for under Section 6 of this by-law, the Fire Chief
may, at any time, enact a burning ban.
7.2
A burning ban enacted under Section 7.1 of this by-law may be applied to the
entire municipality or portions thereof at the discretion of the Fire Chief.
7.3
A burning ban may be applied to all Open Air Fires or to specific Open Air Fires
regulated under this by-law.
7.4
St. Catharines Fire and Emergency Services shall extinguish all Open Air Fires
under a burning ban, during the period while the burning ban is in effect without
recourse by the effected parties.
SECTION 8
PROPANE STORAGE
8.1
No more than three (3) propane cylinders manufactured to TC Specifications 39,
2P, and 20 and known as "single-trip", or "non-refillable" cylinders shall be stored
in a dwelling unit regardless of the quantity of propane in each cylinder.
8.2
No propane cylinders, except those described in Section 8.1 of this by-law, shall
be stored or installed inside a building including a garage, on a roof, under, on, or
within 3 metres of any window, air intake, fire-escape, stairway, ramp or door
used as a means of egress from a building.
12
SECTION 9
ADMINISTRATION AND ENFORCEMENT
9.1
The Fire Chief shall be responsible for administering the provisions of this by-law.
9.2
Members of St. Catharines Fire and Emergency Services shall be responsible for
the enforcement of this by-law.
9.3
Any member of St. Catharines Fire and Emergency Services, and any person
under his or her direction, may enter on land at any reasonable time without prior
notice for the purpose of carrying out an inspection to determine whether the
provisions of this by-law have been complied with.
9.4
No person shall hinder or obstruct, or attempt to hinder or obstruct, a member of
St. Catharines Fire and Emergency Services who is performing a duty which is
authorized under this by-law.
9.5
Members of St. Catharines Fire and Emergency Services may extinguish any
Open Air Fire found to be in non-compliance with the provisions of this by-law or
where the fire is or appears to be a hazard to persons or property.
9.6
The Owner of a property in which an Open Air Fire has been extinguished may
have the costs associated with St. Catharines Fire and Emergency Services'
response as determined by the Rates and Fees By-law of the City of St.
Catharines in effect at the time of the attendance by St. Catharines Fire and
Emergency Services added to the tax roll for the property regardless of whether
the Open Air Fire was set or maintained with the permission or knowledge of the
property Owner, and same shall be collected in the same manner as taxes in
accordance with Section 446 of the Municipal Act, S.O. 2001 , c.25, as amended.
9.7
Neither St. Catharines Fire and Emergency Services nor the City shall not be
responsible to notify the Owner of a property in advance of its intention to charge
for services or costs associated with the extinguishment of any Open Air Fire.
13
SECTION 10
OFFENCES AND PENAL TIES
10.1 Any person, firm, or corporation who contravenes any provision of this by-law is
guilty of an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, P. 33, as amended from time to time, or
any replacement legislation.
SECTION 11
SEVERABILITY
11.1 Each provision of this by-law is independent of all other provisions, and if any
provision is declared invalid for any reason by a court of competent jurisdiction,
all other provisions of this by-law remain valid and enforceable.
SECTION 12
EFFECTIVE DATE
12.1 This by-law comes into force and takes effect on the date that it is passed.
Read a first time this 23 ro4 day of
/-oia /U-~
2015.
Read a second time this
'23 rt?{
day of
,C~ re.A.~
2015.
Read a third time and passed this 23 /p{ day of
~,r'-1._ J
2015.
CLERK