Regulate Open Air Burning and Set Fees By-Law No. 2006-6292
Timmins, Ontario
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CITY OF TIMMINS
Y-
LAWED BY
1-
11
oe(o
BY- LAW NO. 2006-6292
BEING A BY-LAW to regulate open air burning and to set fees for services rendered by the City of
Timmins Fire Department.
WHEREAS the Fire Protection and Prevention Act S.O. 1997 Chapter c. 4, S. 7. 1 authorises a
municipality to pass by-laws regulating fire prevention, including the prevention of the spreading of
fires; regulating the setting of open air fires, including establishing the times during which open air
fires may be set and for the appointment officers 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 the Municipal Act S. O. 2001 Chapter c. 25 Part XII authorizes a municipality to impose
fees and charges on any class of persons, for services or activities provided or done by or on their
behalf.
AND WHEREAS the
Municipal Act
S. O. 2001
Chapter
c. 25
Part XIV authorizes as part of the
enforcement of a by-law the municipality may in default of it being done by the person directed or
required to do it, such matter or thing shall be done at the person's expense. The municipality may
recover the costs of doing a thing or matter from the person directed or required to do it and the
municipality my recover the costs by action or by adding the costs to the tax roll and collecting them in
the same manner as taxes.
AND WHEREAS the Council of the Corporation of the City of Timmins considers it desirable to enact
such a by- law.
NOW THEREFORE the Council of the Corporation of the City of Timmins enacts as follows:
1.
Definitions
Applicant' means the person, organization, company or group that is making application for an
Open Air Burning Permit from the Timmins Fire Department
Fire Chief" means the Fire Chief for the City of Timmins Fire Department and members of the City
of Timmins Fire Department acting under the Fire Chief' s direction
owner": means the registered owner of the property or the person managing or receiving the rent
for the building whether on his own account or as agent or trustee of any other person.
permit holder" means the person, organization, company or group that has been granted by the
Fire Chief a permit.
person" includes a sole proprietorship, a firm, a partnership, a co- partnership, an association, a
corporation, and the heirs, executors, administrators, or other legal representatives of a person to
whom the context can apply according to law.
2
AdministratIon and Exemptions
2 1
This by-law shall be administered by the Fire Chief
22
The City of Timmins Fire Department shall be exempt from the provIsions of this by-law with
respect to open air burnlngs set for the purposes of educating and training IndivIduals
23 The Mmlstry of Natural Resources Its servants and agents shall be exempt from the provIsions
of
this by-law
wIth
respect
to
open
aIr burnlllgs
set
under
their authonty
or
for
their
requirements
3
General ProvIsions
3 1 No person shall
a)
start or conduct an open air burnmg within the boundanes of the City of Tlmmms unless a
permit has been granted by the Fire Chief
b)
burn
matenal
other
than
commercially
produced
charcoal, bnquettes
or
clean
dry
seasoned wood
f)
permit
burning
on days
where
ram, fog, or
any weather
condition
prevents
proper
dispersion of smoke
g)
permit burning dunng high winds or high hazard ratmgs
h)
permit burning where the smoke Will bother their nelghbours or blow across roadways and
hamper dnvlng vIsibility
3 2
Every person shall
a)
conduct open air burning
In such
a manner as to preclude the escape from the fIre of
combustible solids such as sparks and ash
b)
when USIng an outdoor fIreplace confine open alf burning to an area that IS a mInimum of 3
metres from combustIble structures or objects
I)
In all other Clfcumstances keep at least 150 meters ( 500 feet) from bUildings
or a
distance as set out by a Fire Prevention Officer
c)
burn only one pile at a time
d)
have an effective extingUishing agent of sufficient size with the capability of extingUishing
the fire
e)
ensure that open air burnlngs are attended, controlled and supervised at all times and
hall be completely extinguished before the open-air burn site IS vacated
f)
be liable for any damages caused by a fire burn and may be charged for suppression cost
as set out In thiS by-law
g)
notify the Timmins Fire Department pnor to starting a fire authonzed by permit Notification
shall not be required If bUrning In an outdoor fireplace
t-~ ""'
t-
h)
ensure that all open air fires are earned out In compliance with the Ontario Fire 'Code and
regulations made there under
33
A permit may be revoked by the Timmins Fire Department, Timmins Police, Ontario Provincial
Police, Ministry of Natural Resources, MInistry of the Environment, the Manager of By-law
Services or every other agency having JUriSdictIon
4 Services and Fees
4 1
Services provided and permits Issued by the TimminS Fire Department are subject to the
follOWing fees
1) Wood Stove Inspections
2) SoliCitors Letters
3) Inspections for real estate sales and mortgage approval
4) Real Estate letters
5) One month burnrng permit
6) Seasonal reSidential permit
7) Seasonal burning Permit commercial/ industrial
8) Campground Seasonal Permit
9) Private homes for day care, foster care or any agency that requires inspection
of a home
10) For responding to an open air fire where,
c)
no permit has been obtamed, or
d) where unapproved matenals are being burnt, or
b) where proper precautions have not been taken resulting In the Fire Department
having to respond, or
c) when a complete fire ban has been proclaimed by the Timmins Fire Dept or the
Ministry of Natural Resources
l)
The owner of the property may be held responsible for all costs relating to
the fire call
II) There shall be a minimum fee of $ 300 00 levied on every owner of a
property where the fire department has responded
42
Fife Code compliance Inspections shall be subject to the follOWing fees
2)
Initial Inspection performed at Inspector's discretion or upon request of
owner or tenant
2) Follow-up inspection when reqUired as a result fire code Violations found
dUring Initial Inspection
3) Second follow-up and every subsequent inspection that
IS as a result
of a fire code Violation found dunng the initial inspection and follow-up
inspections and not corrected
I
I "--~~-
f ~~-
50 00
50 00
75 00
25 00
1000
25 00
50 00
10000
25 00
N/ C
N/ C
10000
each