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The Corporation of the
Municipality of Trent Lakes
By~law No. B2023~053
Being a By~law to Regulate Open~Air Burning and
Fireworks
Whereas Section 10(2) of the Municipal Act, S.0. 2001, Chapter 25 provides that
a municipality may pass by~laws respecting the health, safety and well~being of
persons, and the protection of persons and property;
And Whereas Section 391(1) of the Municipal Act, S.0. 2001, Chapter 25
provides that a municipality may impose fees or charges on persons for services
or activities provided or done by or on behalf of it, and for costs payable by it for
services or activities provided or done by or on behalf of any other municipality;
And Whereas Section 444 of the Municipal Act, 2001 authorizes municipalities
to make orders requiring the person who contravened the by~law or who caused
or permitted the contravention or the owner or occupier of the land on which the
contravention occurred to discontinue the contravening activity;
And Whereas Section 446 of the Municipal Act, S.0. 2001, Chapter 25
authorizes entry onto property to enforce municipal By~laws;
And Whereas Section 7.1(1) of the Fire Protection and Prevention Act, 1997,
S$.0. 1997, 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 Whereas The Ontario Fire Code O. Reg 388/97 Section 2.4.4.4. (1)
provides that 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
ii1.
Supervised at all times.
Now Therefore Be It Resolved that the Council of The Corporation of the
Municipality of Trent Lakes hereby enacts as follows:
Title
This by~law shall be known and may be cited as the "Open~Air Burn and
Fireworks By~law." In the text of the By~law, it is referred to as "this By~law."
1.
Definitions
In this By~law:
1.1.
By~law Enforcement Officer shall mean a By~law Enforcement Officer
appointed by By~law of the Municipality of Trent Lakes.
1.2.
Adverse Effect shall mean one (1) or more of:
a.
Impairment of the quality of the natural environment for any use that
can be made of it;
Injury or damage to property or to plant or animal life;
Harm or material discomfort to any person;
An adverse affect on the health of any person or the impairment of
the safety of any person;
Rendering any property or plant or animal life unfit for use by man;
Loss of enjoyment of normal use of property;
Interference with the normal conduct of business, and
Obstruction of a traveled portion of any public or private driveway or
roadway.
1.3.
Chief Fire Official means the assistant to the Fire Marshall who is the
Municipal Chief Fire Official or a member or members of the Fire
Department appointed by the Municipal Chief Fire Official under Article
a
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1.4.
1.5.
1.6.
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1.9.
1.10.
1.11.
1.12.
1.1.1.2. of Division C or a person appointed by the Fire Marshall under
Article 1.1.1.1. of Division C or their delegate.
Open~Air Burn or Fire shall mean any fire started which has or has not
been authorized by the issuance of a Fire Permit under this By~law or by
written permission of the Fire Chief or his/her designate.
Burn Ban means a time frame declared by the Fire Chief when no open~
air burning is permitted within the Municipality of Trent Lakes.
Consumer Fireworks means outdoor low hazard fireworks generally
used for recreational purposes such as showers, fountains, golden rain,
lawn lights, pin wheels, roman candles, volcanoes and sparklers, as
outlined in the Explosives Act, R.S.0., 1985, c.E~17.
Fire Chief means the Municipal Chief Fire Official or designate.
Flying Lantern means a small hot air balloon made of paper, with an
opening at the bottom where a small fire is suspended.
Display Fireworks means an outdoor, high hazard firework that is
designed for professional use only. They include items like aerial shells,
cakes, Roman candles, waterfalls, lances and wheels. Display Fireworks
are strictly regulated by Federal Law.
Fireworks means Display Fireworks, Pyrotechnic special effect fireworks
and Consumer Fireworks.
Pyrotechnics are high~hazard and designed for professional use. They
include items like gerbs, mines, comets and crossette fireworks, as well as
special~purpose pyrotechnics made for live stage performances and the
film and television industry. Pyrotechnics are strictly regulated by Federal
Law.
Weekend means the period from Friday evening through Sunday evening.
2.
General Provisions
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
2.7.
The fire season shall be the period from the first day of January to the last
day of December each year and during that period:
Any person wishing to burn in the Municipality shall obtain an annual
permit.
Permits may be cancelled at any time by the Chief Fire Official or his
designate. Upon receiving notice of such cancellation or suspension, the
holder of such permit shall immediately extinguish the fire(s) started under
the said permit.
Any person who sets an open~air fire without first obtaining the necessary
permit or without leaving the necessary information on the Burn Hot Line
shall be liable for a fine of $450.00, and if the services of the Fire
Department are necessary, suppression costs shall be charged.
Any person wishing to burn in the Municipality shall phone the Municipality
Burn Hot Line and leave their name, address, phone number, and the date
and time of when they intend to be burning.
No person shall start a fire outdoors during the fire season for the purpose
of burning combustibles, brush, leaves or discarded wood products
unless:
The fire is supervised at all times and a responsible person is
available to tend the fire until it is extinguished.
The material is burned in a single pile that is less than 0.61 metres x
0.61 metres x 0.61 metres (2 feet x 2 feet x 2 feet);
The material is burned between the hours of 6:00 p.m. and 8:00 a.m.
from the first day of April to the last day of October each year. No
daytime burning shall be permitted between 8:00 a.m. and 6:00 p.m.
between the first day of April to the last day of October each year;
The fire is at least 7.62 metres (25 feet) from any flammable materials
and 7.62 metres (25 feet) from any property boundary line and;
The person tending the fire shall have at the location of the fire,
personnel and firefighting equipment in a serviceable condition such
as a hose or pails of water, rakes, shovels, etc., available to contain
the fire;
No more than one (1) controllable fire per residence on property;
No fire shall contain rubber tires, plastic products, shingles, painted
wood or other building materials that are known to create extensive
smoke.
No person shall burn wood, brush, leaves or any substance in an
incinerator unless:
a.
The incinerator is an enclosed device constructed entirely of non~
combustible material;
b.
The incinerator is at least 7.62 metres from any forest or woodland;
The incinerator is at least 7.62 metres from any flammable materials;
The outlet of the incinerator is covered by a screen having a mesh
size of not more than 5 millimeters.
2.8.
Notwithstanding the provisions of Section 5 hereof, with regards to an
Industrial Permit requirement, the Chief Fire Official may, upon application,
approve the setting of any fire subject to the fire site being viewed by the
Chief Fire Official of the Municipality of Trent Lakes or their designate. The
Fee for an Industrial Permit is $25.00.
2.9.
Notwithstanding the provisions of Section 5 hereof, open~air fires may be
set when such burning consists of a small confined fire, supervised at all
times and is used to cook food on a grill or a barbeque.
2.10.
No person shall set a grass fire.
2.11.
All persons setting an open~air fire in the Municipality of Trent Lakes shall:
o o
a.
Be responsible for any damage to property or injury to persons
occasioned by the said fire;
b.
Be liable for costs incurred by the fire department, including
personnel, equipment and apparatus necessary and called in to
extinguish the said fire.
2.12.
No open~air fire shall be maintained when the wind is in such direction or
intensity so as to cause any or all of the following:
a.
A decrease in visibility on any highway or roadway;
b.
A rapid spread of fire through grass or a brush area;
C.
An adverse effect to the health of any person or to the environment.
2.13.
No open~air fire shall be set when the Fire Index Level rises to a level
where it is determined to be a danger due to a drought or dry period. If this
condition does occur there will be Public Service Announcements via
news media.
2.14.
No person shall discharge, fire, set off, or cause to be set off a flying
lantern within the Municipality of Trent Lakes.
2.15.
No outdoor fires of any kind shall be permitted during an imposed burn
ban declared by the Fire Chief. The burn ban shall include, but is not
limited to, bonfires, charcoal BBQ's, outdoor candles and lanterns, tiki
torches, burning brush or leaves, all outdoor solid fuel burning appliances.
2.16.
No person shall discharge consumer fireworks, display fireworks, or
pyrotechnics during an imposed burn ban declared by the Fire Chief.
2.17.
No person shall set off Fireworks withing the Municipality of Trent Lakes at
any time except as follows:
a.
New Year's Eve ~ between 8:00 p.m. and 1:00 a.m. the following
day;
b.
Canada Day ~ between 8:00 p.m. and 11:00 p.m. on July 15' and the
Weekends directly preceding and following it;
Cc.
Civic Holiday ~ between 8:00 p.m. and 11:00 p.m. on the statutory
holiday and the Weekend directly preceding it;
d.
Labour Day
~ between 8:00 p.m. and 11:00 p.m. on the statutory
holiday and the Weekend directly preceding it;
2.18.
No person shall set off any fireworks in, on or onto any building, highway,
sidewalk, Municipal park or Municipal property.
2.19.
Property damage or injury as a result of the discharge of Fireworks shall
be the responsibility of the person and/or organization setting off the
Fireworks.
3.
Enforcement
3.1.
The enforcement of this By~law shall be assigned to those employees or
contract workers that have been designated by Council as By~law
Enforcement Officers.
3.2.
Any person charged with the responsibility of enforcing this By~law, upon
having probable cause, may enter upon land at any reasonable time for
the purpose of carrying out an inspection to determine compliance with
this By~law. Such power of entry is subject to the provisions of the "Power
of Entry By~law" and all relevant By~laws of the Municipality of Trent Lakes
as may be amended from time to time, and as governed by Sections 435,
436, 437, 438 of the Municipal Act, S.0. 2001, c. 25.
3.3.
Where the owner, lessee or occupant of lands is in default of taking
corrective measures as set out in the notice issued under this By~law, The
By~law Enforcement Officer, in addition to all over available remedies, may
cause the property to become compliant with this By~law.
3.4.
For the purposes of Section 4.3 employees or agents of the Municipality
may enter the property at any reasonable time without a warrant in order
to cause the property to become compliant with this By~law.
3.5.
Where a person fails to do a matter or thing as directed or required by an
Officer or other person pursuant to this By~law or other Municipality of
Trent Lakes Bylaw or the Municipal Act, 2001, S.0. 2001, c. 25, as
amended, the matter or thing may be done by the Municipality at that
person's expense which associated costs may be added to the tax roll of
the person to be collected in the same manner as property taxes.
4.
Penalty
4.1.
Every person who contravenes any provision of this By~law is guilty of an
offence and upon conviction is liable to a penalty under the AMPS By~Law
or fine as provided for by the Provincial Offences Act R.S.O. 1990, c. P.33,
as amended.
5.
Repeal
5.1.
That By~laws B2015~072, B2017~053 and B2019~103 be repealed.
6.
Effective Date
6.1.
That this By~law shall come into force and take effect on the date of its
final passing.
Read a first, second and third time and passed this 11'" day of July, 2023.
Jeql/.finbshead,
Mayor
d@(&Wx
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Jessie Clark, Clerk