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CORPORATION OF THE TOWNSHIP OF WARWICK
BY-LAW NO. 57 OF 2011
A BY-LAW TO PROVIDE FOR THE REGULATION OF OPEN AIR BURNING IN
THE CORPORATION OF THE TOWNSHIP OF WARWICK
WHEREAS the Council of the Corporation of the Township of Warwick ("Council") is
empowered under Section 7.1 of the Fire Protection and Prevention Act, 1997, as
amended, to 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 which open air fires may be set;
AND WHEREAS Council is empowered under Section 128 of the Municipal Act, 2001,
as amended, to prohibit and regulate public nuisances, including matters that, in the
opinion of Council, are, or could become or cause public nuisances;
AND WHEREAS Council is empowered under Section 130 of the Municipal Act, 2001,
as amended, to regulate matters relating to the health, safety and well-being of the
inhabitants of the municipality;
AND WHEREAS Council is empowered under Part XII of the Municipal Act, 2001, as
amended, to pass a by-law imposing a fee or charge on any class of persons for
services or activities provided or done by or on behalf of it;
AND WHEREAS Council is empowered under Section 427 of the Municipal Act, 2001,
as amended, to direct or require by by-law or otherwise that any matter or thing be
done, and the municipality may direct that, 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
and the municipality may recover the expense, including interest, in doing it by action
or by adding the costs to the tax roll and collecting them in the same manner as taxes,
or Council may provide that the expense incurred by it, with interest, shall be payable
by such person in annual installments not exceeding five (5) years;
AND WHEREAS Council considers excessive smoke, smell, airborne sparks or embers
to be or could become or cause public nuisances by creating negative health effects on
neighbouring residents, increasing fire exposure hazards, infringing the enjoyment of
the use of neighbouring properties and generating false fire alarms;
AND WHEREAS Section 2.6.3.4 of the Ontario Fire Code provides for the prohibition of
open air burning unless approved or unless such open air burning consists of the use
of a barbecue to cook food, provided such devices contain a small contained fire
which is supervised at all times;
AND WHEREAS section 6 of the Farming and Food Production Protection Act, 1998, S.O.
1998, c. 1 provides that no municipal by-law applies to restrict a normal farm practice
carried on as part of an agricultural operation section 6. (1) & (2);
THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF WARWICK ENACTS AS FOLLOWS:
PART 1
DEFINITIONS
1.1
Definitions
In this by-law:
"Barbecue" shall mean a portable or fixed device including a hibachi, a 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 designed for personal warmth, fire pits or
camp fires.
"Bio-solids" means solids, slime solids or liquid slurry residue or any type of
substance generated during the treatment of domestic sewage and intended for
agricultural use as a soil conditioner or fertilizer.
"Fire Chief" shall mean the Fire Chiefs for the Corporation of the Township of
Warwick - Watford Fire Department and Warwick Fire Department and/or their
delegate being the Deputy Fire Chief or Captain.
"Nuisance" shall mean excessive smoke, smell, air borne sparks or embers that is
likely to disturb others.
"Open Air" means any open place, yard, field or construction area which is not
enclosed by a building or structure.
"Open Air Burning" means a fire set in the open air.
"Permit Holder" shall mean the person, organization, company or group that has
been granted by the Fire Chief a permit under section 2.6 for a special event to
hold an open air burning or has been granted a permit under section 2.5 for
recreational burning, based on the results of an on-site inspection that allows for
open burning on residential properties that do not meet the regulations of this bylaw.
"Rural area" shall mean the lands that are designated under the Official Plan as
Agricultural use in the Township of Warwick.
"Township" shall mean The Corporation of the Township of Warwick.
"Urban area" shall mean the lands that are designated under the Official Plan which
includes Watford and hamlet of Warwick and any area that is considered a built-up
area. Schedule "B" outlines the area considered urban surrounding Watford for the
purposes of this by-law.
PART 2
GENERAL PROVISIONS
2.1
Open air burning - Regulations
No person shall conduct an open burn within the Township of Warwick unless the
Fire Chief has given permission.
All Open Air Burning shall comply with the provisions of the Environmental
Protection Act, R.S.O. 1990, as amended.
No Open Air Burning will be permitted at the discretion of the Fire Chief when a
Smog Alert has been issued by the Ministry of the Environment for the region that
includes the Township.
2.2
Permission - Recreational Burning
With respect to Section 2.1 above, the Fire Chief grants permission, without the
requirement for a permit, for open air burnings that are contained within non
combustible containers or pits specifically designed for open air burnings.
The following regulations shall apply with respect to open air burnings for
recreational purposes:
(a)
Open air burnings may be conducted between the hours of 4 PM and
Midnight only.
(b)
No materials other than commercially produced charcoal, briquettes, or
clean dry seasoned wood may be burned.
(c)
Open burnings shall be confined to non combustible containers or a pit no
larger than two (2) feet (60 centimeters) by two (2) feet (60 centimeters) in
size.
(d)
Open burning shall be conducted in such a manner as to preclude the
escape from the fire of combustible solids such as sparks and ash.
(e)
The dimensions of the wood being burned shall not be greater than the size
of the container or fire pit and shall be totally confined within the container or
pit at all times.
(f)
An open air burn shall be confined to a location that provides for a
minimum distance of 3 meters (10 feet) in all direction from adjacent
properties.
(g)
Open air burnings shall be confined to an area that is a minimum of 3
meters (10 feet) from combustible structures or objects.
(h)
An effective extinguishing agent of sufficient size and with the capacity of
extinguishing the fire shall be immediately available for use.
(i)
Open air burnings shall be attended, controlled and supervised at all times by
the owner, occupier or permit holder, or designate, and shall be completely
extinguished before the open burn site is vacated.
(j)
Open air burnings are not permitted when the wind speed exceeds 15
kilometers per hour or during rainy or foggy weather.
(k)
The owner, occupant or permit holder must take steps to ensure that
adjacent properties are protected and that the byproducts of open air
burnings do not have a negative impact on persons, pets or the environment.
2.3
Exceptions
(a)
Despite Section 2.1 above, permission is not required from the Fire Chief
for the use of a barbecue to cook food. Barbecues being used to cook
food shall be attended controlled and supervised at all times by the
owner, occupant, or his/her designate.
(b)
The Fire Departments shall be exempt from the provisions of this by-law
with respect to open air burnings set for the purposes of educating and
training individuals.
(c)
The St. Clair Region Conservation Authority - Warwick Park, shall be
exempt from the provisions of this by-law with respect to open air burnings
and fire pits, subject to the rules and regulations of the S.C.R.C.A. and the
approval of the Fire Chief of the Warwick Fire Department.
2.4
Barbecues - approved fuels
The only approved fuels for use in barbecues are commercially produced charcoal,
briquettes or other commercial fuels such as natural gas and propane gas that are
produced specifically for the purpose of cooking.
2.5
Permit - approval - non-compliance recreational burning
An owner or occupant may make application to the Fire Chief for a variance with
respect to 2.2(c), 2.2(f) or 2.2(g). Based on the results of an on-site inspection, the
Fire Chief may issue a permit for recreational burning to allow for open burning on
residential properties that do not meet the regulations as stated in 2.2(c), 2.2(f) or
2.2(g) of this by-law. Should the circumstances under which the approval was given
change, the permit will no longer be valid. The Fire Chief may attach such
conditions as deemed appropriate to any permit granted for such open air burning.
2.6 Permit - special events
All persons seeking permission to hold a special event involving an open air
burning that is not a recreational burning as per section 2.2 and does not employ the
use of a barbecue shall apply to the Fire Chief for a permit to have an open fire at
such event. Application shall be made at least one week prior to the proposed date
of the event on a form supplied by the Fire Chief.
The Fire Chief may issue a permit to allow a special event to reoccur over an
extended period of time.
The Fire Chief may issue a permit for a special event to allow for open air burning
from 10 A.M. to Midnight.
2.7
Permit - considerations
Prior to granting a permit to hold an open air burning for a special event, the Fire
Chief will give consideration to the location of the proposed event, the size of the
proposed fire, the safety measures proposed, the supervision arrangements
proposed, the time of year, the time of day and the anticipated weather conditions.
2.8
Permit - conditions of Fire Chief
The Fire Chief may attach such conditions as deemed appropriate to any permit
granted for an open air burning at a special event.
2.9
Permit - refusal for residential land
The Fire Chief shall not grant a permit to hold open air burnings at special events,
which are proposed to take, place on land that is zoned residential uses.
2.10
Permission - refused or revoked - past contravention
The Fire Chief may revoke or refuse to grant permission or issue a permit for an
open air burning or a special event if the proposed open air burning or special event
would be in contravention of this by-law; if the owner, occupant or permit holder has
contravened the provisions of this by-law in the past or if the owner, occupant or
permit holder has not complied with any conditions attached to a permit for an open
air burning that may have been imposed by the Fire Chief on a previous occasion.
2.11
Permission - fuel - prohibit
The Fire Chief shall not give permission for open air burning of any non wood
combustible materials, pressure treated wood or creosote treated wood.
Permissible fuels include clean dry seasoned wood, commercially produced
charcoal, briquettes or other commercial fuels such as natural gas and propane gas
that are produced specifically for the purpose of cooking.
2.12
Permission - withdrawal
The Fire Chief may withdraw a special event permit and/or stop an open air
burning if, in the Fire Chief's opinion, the fire is causing a negative impact on the
occupants of adjacent land, smoke produced by the fire is causing visibility
concerns on roads in the area of the burn, the weather has deteriorated and has
become unfavourable for an open air burn, conditions attached to the granting of
permission are not being adhered to or if this by-law is being contravened.
2.13
Permission - withdrawal - extinguish fire
Upon notification by the Fire Chief to extinguish an open air burning, the land owner,
occupant or permit holder shall immediately extinguish the fire.
2.14
Failure to extinguish - liable for costs
Should the land owner, occupant or permit holder fail to immediately extinguish the
fire upon notification from the Fire Chief, the land owner, occupant or permit holder
may be held liable for any and all costs incurred by a Fire Department in its efforts
to extinguish the fire.
2.15
Order to extinguish unapproved fires
When made aware of an unapproved open air burning, the Fire Chief shall order
the land owner or occupant to immediately extinguish the fire.
2.16
Order-owner-occupant-extinguish fire
The owner or occupant of land on which an unapproved open air burning is
located, shall immediately extinguish the fire upon being ordered to do so by the
Fire Chief.
2.17
Failure to extinguish unapproved fires - liable for cost
Should any land owner or occupant fail to extinguish an unapproved fire when
ordered to do so by the Fire Chief, the Fire Chief may take action to have the fire
extinguished, and the person who owns or occupies the land on which the open
burning is located shall be responsible for any and all costs incurred by a Fire
Department in its efforts to extinguish the fire.
2.18
No Open Air Burning in Urban Area
With the exception of recreational fires, no open air burning is permitted in the
prescribed urban areas of the municipality. No burn permits will be issued by the Fire
Chief for open air burning in the urban area.
2.19
Self-Combustible Materials
Any material which is known to smolder or self-combust such as, but not limited to,
bio solids, agricultural waste or woodchips, must be spread within 48 hours of being
brought into the municipality. Time limit extensions are at the discretion of the Fire
Chief.
PART 3
SPECIAL REGULATIONS FOR RURAL AREA
3.1
Permission - brush burning - telephone
Notwithstanding Part 2 of this by-law, all persons proposing to conduct an open air
burning of brush and dry seasoned wood in the rural area as defined by this by-law,
shall notify the Fire Chief or his/her designate, in person or by telephone before
commencing such open air burning. The Chief or his/her designate shall notify the
Central Area Communication Centre (CACC) of said permission.
3.2
Notification at conclusion of burning - rural area
All persons, who have given notification pursuant to section 3.1 above, shall notify
the Central Area Communication Centre at the conclusion of the burning.
3.3
Regulations re: open air burning - Rural Area
Open air burning may be conducted between the hours of 7:00 A.M. and 7:00 P.M.
only
(a) No materials other than dry brush and dry seasoned wood may be burned.
(b) Open air burnings shall be attended, controlled and supervised at all times
and shall be completely extinguished before the burn site is vacated.
(c) Open air burnings are not permitted during rainy or foggy weather.
(d) An open air burning shall be confined to an area which is at least 45 meters
(150 feet) from any building, highway, road, wooded area, or property line.
(e) Steps must be taken to ensure that smoke caused by an open air burn does
not have a negative impact on the visibility of motorists using roads in the
vicinity of the burn.
(f) The Fire Chief, at his/her discretion, may set out special conditions, to be noted
on the Permit.
3.4
Notification to extinguish
All persons conducting an open air burn in the rural area shall immediately
extinguish the fire upon notification that in the Fire Chief's opinion, the said fire is
having a negative impact on persons using a road or highway adjacent to the burn
site or the regulations of this by-law are being contravened.
3.5
Failure to extinguish - liable for costs
Section 2.14 of this bylaw shall apply should any person fail to comply with the
request of the Fire Chief in section 3.4 above.
PART 4
ADMINISTRATION AND ENFORCEMENT
4.1
Administration and Enforcement
This by-law shall be administered and enforced by the Fire Chiefs- Watford Fire
Department and/or Warwick Fire Department.
Upon receipt of a complaint, under this by-law, the said complaint shall be
investigated by the Fire Chief.
Notwithstanding Part 2 of this by-law, the Fire Chief may revoke any or all Permits;
or refuse to issue Permits where, in the opinion of the Chief Fire, the ability to
control the fire is hampered by the existence in or near the proposed site of a
Dangerous Condition.
4.2
Regulation - offence
No person shall fail to comply with regulations as set out in this by-law.
4.3
Contravention - Fine/Penalty
If any person, firm or Corporation who deliberately sets a fire without a permit, in the
open air, to any grass, leaves or refuse within the limits of the municipality, which
fire gets out of control and/or complained about, and to which fire the Township Fire
Department(s) is called to extinguish, shall be assessed a penalty of :
a) Five Hundred Dollars ($500.00) for the first Offence
b) One Thousand Dollars ($1,000.00) for the second Offence
c) Two Thousand Dollars ($2,000.00) for the third or more Offence (s).
d) Two Hundred Dollars ($200.00) per visit for repeat attendance of the
Fire Chief and/or Fire Department.
This penalty, if not paid voluntarily, shall be assessed as a penalty for an infraction
of this By-law and added to the taxes owing against that property and collected in
the same manner as Municipal Taxes.
4.4
Contravention - Cost Recovery and Other Fees
If any person, firm or Corporation who deliberately sets a fire without a permit, in the
open air, to any grass, leaves or refuse within the limits of the municipality, which
fire gets out of control and/or complained about, and to which fire the Township Fire
Department(s) is called to extinguish, shall be assessed additional fees as per the
applicable Township of Warwick Fees and Charges By-law.
4.5
Payment of Fees
All penalties and fines, if not paid voluntarily, shall be assessed as a penalty for an
infraction of this By-law and added to the taxes owing against that property and
collected in the same manner as Municipal Taxes.
4.6
Schedule "A"
Schedule "A" - Application for Open Air Burning - attached hereto forms part of this
by-law and may be redesigned with the same content for the purposed of printing.
PART 5
VALIDITY
If a court of competent jurisdiction declares any provision or a part of a provision of this
By-law to be invalid or to be of no force and effect, it is the intention of Township that the
remainder of this By-law shall continue to be in force.
PART 6
EXEMPTION
The Township shall be exempt from the provisions of this By-law with respect to open
air burnings set for the purposes of educating and training individuals.
PART 7
SHORT TITLE
This By-law shall be known as the "Open Air Burning Regulations By-law".
READ A FIRST AND SECOND TIME THIS 26TH DAY OF OCTOBER , 2011.
READ A THIRD TIME AND FINALLY PASSED THIS 26TH DAY OF OCTOBER, 2011.
_____________________________
_______________________________
Mayor - Todd Case
Clerk - Frances Woods
Schedule "A"
APPLICATION FOR OPEN AIR BURNING
Watford Fire Department:____
Warwick Fire Department ____
Note to Applicant:
1. Open Air Burning is regulated by Division B, Sentence 2.6.3.4.(1) of R.S.O. 1997, Reg.
213/07.c.4., as amended by the Ontario Fire Code; and Warwick Township By-law No. 57 of
2011.
2. Read and complete all particulars of the application including a sketch. Sign and return to
the respective Fire Dept. Confirmation will be given to you by the Fire Official prior to
burning.
3. Allow 7 (seven) days for processing.
PART # 1
1. Applicant's Name:
__________________________________________________________
Name of Responsible Party:
___________________________________________________
2. 911 Municipal Address: ____________________________________________________________
3. Phone and/or Fax Numbers: _________________________________________________________
4. Describe location of proposed fire (must also provide sketch):
________________________________________________________________________________
________________________________________________________________________________
__________________________________________________________________
________
__________________________________________________________________
________
5. Fire Location 911 Address if different from #2 herein:______________________________________
6. Describe proximity of proposed fire in feet or meters: _____________________________________
Buildings _________________________________________________________________
Vegetation ________________________________________________________________
Overhead wires ____________________________________________________________
Other combustibles _________________________________________________________
7. Describe material to be burned: ______________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
8. Estimate volume of material to be burned in cubic yards or cubic meters: ______________________
Largest Pile size in meters: __________________________________________________________
9. Date and time of proposed fire: ______________________________________________________
I have read and understand the conditions in Part 2 overleaf:
Applicants signature:________________________________ Date:_______________________________
Request approved with Expiry Date: ________________ Denied _____________________________
Fire Official's Signature: _________________________________________________________________
Schedule "A"
Fire Official's Special Conditions and/or Comments__________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
***It is the responsibility of the applicant to contact the Fire Chief with both the permit # and the time
of fire, prior to commencing burning and after the fire is extinguished!
PART #2
Conditions and Recommendations
Pursuant to Division B, Sentence 2.6.3.4.(1) of Ontario Regulation 213/07, conditions of
approval for Open Air Burning are as follows:
Burn only as outlined in Warwick Township By-law No. 57 of 2011.
Burn only dry materials. Petroleum products, plastics, rubber, painted/treated
lumber or anything else that will cause excessive smoke or fumes must not be
burned.
Mixed demolition or construction debris is not suitable for Open Air Burning.
Stay with the fire at all times until it is completely extinguished.
The person(s) controlling the fire is to have a cell phone or other device on person
in order to call 911 and/or Fire Chief in case of emergency.
Adequate equipment and resources must be available at the burning site to
extinguish the fire; in the event the fire gets out of control or is causing an adverse
effect.
Open Burning MUST NOT be conducted under the following weather conditions:
during rain or fog (smoke cannot disperse properly)
when wind speeds are higher than 30 kph or wind direction changes
frequently
(fire may spread rapidly)
during extremely dry or adverse conditions
NOTE:
The above Conditions and Recommendations are recommended by Ministry of
Environment & Energy and the Township of Warwick Fire Departments - By-law No.
57 of 2011.
Schedule "A"
SKETCH :
Show buildings, utility poles, trees and/or wooded areas as well as any structural or combustible items.
Record dimensions of items and distance from fire area
Record dimensions of Fire area
Indicate measurements in feet or meters
--------------------------------
Schedule "B"