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CITY OF ST. THOMAS
BY-LAW NO. 138 -2003
A By-law to provide regulations for the setting
of open air burning and the prevention and spread
of fire within the City of St. Thomas.
Whereas Sections 8 & 9, of the Municipal Act, 2001, provide the authority for
municipalities to pass by-laws governing their affairs;
And Whereas it is Council's intent to prescribe for the whole or any part of the
municipality the times during which fires may be set in the open air, and the precautions
to be observed by persons setting such open air fires and to make such other regulations
for preventing fires and the spread of fires as is considered necessary;
And Whereas Section 2.6.3.4 of the Ontario Fire Code O.Reg.388/97 made under
the Fire Protection and Prevention Act, S.O.1997,c.4, as amended, provides that "Open
air burning shall not be permitted unless approved, or unless such burning consists of a
small, confined fire, supervised at all times, and used to cook food on a grill or a
barbecue."
Therefore the Council of the Corporation of the City of St. Thomas enacts as follows:-
Definitions
Approved means approved by the Chief Fire Official for the City of St. Thomas.
Chief Fire Official means the Fire Chief of the City of St. Thomas, or a member
or members of the fire department designated by the Fire Chief.
Confined Fire means an open air fire, within a non-combustible perimeter, used
for the purpose of cooking food on a grill, supervised at all times and limited in
size.
Open Air Burning means an approved fire set or caused to be set in an open
place, yard, field or area, which is not enclosed by a building or structure.
Nuisance means excessive smoke, smell, airborne sparks or embers that could
cause public nuisances by creating negative health effects on neighbouring
residents, increasing fire exposure hazards, infringing on the enjoyment of the use
of neighbouring properties and generating false alarms.
Permit to Burn means the permit issued by the Chief Fire Official granting
permission to set an open air fire, and establishing the conditions under which the
permit is granted. This includes special events.
Owner/Occupant means the registered owner or any person, firm or corporation
having control over, or possession of any portion of the building or property.
1. No person shall set fire to, burn or cause or permit to be burned any brush, leaves
or other combustible matter
a) in or on any of the streets, parks or public property of the City of St.
Thomas, or
b) on any private property within thirty metres (100 feet) of any building.
except as defined in regulation 2.6.3.4. of the Ontario Fire Code.
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2. In locations other than the prohibited locations mentioned in paragraph one above,
no combustible matter of material shall be set fire to or burned out of doors
without permission in writing first being obtained from the Fire Chief or his
Designate from the Fire Department of the City of St. Thomas, and then only
subject to such terms and condition as are stated in the permission.
3. Outdoor fireplaces, boilers, chimineas and other similar solid fuel flame
producing products will contravene the Ontario Fire Code if they are operated
within the City of St. Thomas and their use is prohibited. The Fire Department
cannot interfere with the sale and purchase of these devices, but the Ontario Fire
Code and the office of the Fire Marshall are clear on prohibiting their use within
urban areas.
4. Notwithstanding any of the provisions of this by-law, if at any time in the opinion
of the Fire Chief or his Designate, it is necessary for the prevention or spread of
fire that any fire should be extinguished, the person responsible for, or in charge
of, or on whose property the fire is located, shall forthwith extinguish the same on
notice of the said Chief, or his Designate, to do so, or the Chief or his Designate
may take such steps as he deems necessary forthwith to cause any such fire to be
extinguished.
5. All open Air Burning shall comply with the provisions of the Environmental
Protection Act, R.S.O. 1990, c.E.19, as amended and shall not create a nuisance.
Any adverse effects that cause an environmental impact could result in an
investigation by the Ministry of the Environment.
6. The City of St. Thomas Fire Department shall be exempt from the provisions of
this by-law with respect to open air burnings set for the purpose of educating and
training.
7. Open air burning during a strike, shall be subject to a permit and the following
additional requirements:
a) only one drum shall be used at each location
b) fires to be confined to the drums
c) only dry wood product may be burned and must be kept a minimum of 1
metre away from barrel
d) drums must be kept 3 metres (10') from any building, vehicle or any other
combustible material
e) the permit is only valid for the duration of the strike
8. Notwithstanding section 2.6.3.4 of the Ontario Fire Code, no person shall ignite or
start a fire in a grill or barbecue for the purpose of cooking food on a balcony of
any building containing two (2) or more dwelling units.
9. Confined Fire - A person may set or cause to be set a small, confined fire to be
used to cook food on a grill or barbecue without a permit, between sunrise and 11
p.m. provided that:
a) The fire is not more than 61 cm (2 feet) by 61 cm. (2 feet) in size and not
more than 61 cm (2 feet) in height
b) No material other than commercial charcoal, briquets or clean dry
seasoned wood may be burned
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c) The fire is located at a distance of not less than five (5) metres from any
building, structure, property line, tree, hedge, fence, roadway, or other
combustible article.
d) The wind velocity is not greater than twenty-four (24) kph
e) The fire does not create a nuisance
f) A suitable means of extinguishment is available while the fire is burning
g) The fire shall be supervised by a competent adult while the fire is burning.
10. Any person in contravention of any of the provisions of this by-law shall have a
fee imposed as per City of St. Thomas By-Law 183-2002 being a by-law to
impose fees or charges with respect to Fire Department matters, or they may be
charged under the Ontario Fire Code.
11. If any person fails to pay the fees set out above, within thirty (30) days, the
amount of the fee may be recovered by the Corporation in like manner as
municipal taxes in accordance with the Municipal Act.
12. This by-law shall be referred to as the Open Air Burning By-Law.
13. By-Law Number 60-56 be hereby repealed.
Read a First and Second time this 6th day of October, 2003
Read a Third time and finally passed this 6th day of October, 2003
__________________________
__________________________
Peter J. Leack, City Clerk Mayor
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