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xvTHE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
BY-LAW NO. 2021-58
(amended by By-law 2022-84)
A BY-LAW TO PROHIBIT AND REGULATE THE
SETTING OF OPEN-AIR FIRES WITHIN THE
TOWNSHIP OF WEST LINCOLN.
WHEREAS Subsection 7.1(1) of the Fire Protection and Prevention Act, S.O. 1997, c.
4, as amended, provides that the Council of a municipality may pass By-laws to regulate
fire prevention, including the prevention and spreading of fires, and to regulate the
setting of Open-air Fires, including establishing the times during which Open-air Fires
may be set;
AND WHEREAS Article 2.6.3.4 of the Fire Code, being Ontario Regulation 213/07,
provides that open-air burning shall not take place unless approved;
AND WHEREAS section 10 of the Municipal Act, s.o. 2001, c. 2b, as amended,
provides that the Council of 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 128 of the Municipal Act, 2001, provides that a Municipality
may prohibit and regulate matters that, in the opinion of Council, are or could become
public nuisances;
AND WHEREAS it is the opinion of Council that smoke, odour, ash, and embers from
an Open-air Fire that enter onto or affect a neighbouring property are or could become a
public nuisance;
AND WHEREAS Section 434.1 of the Municipal Act, 2001, provides that a municipality
may require a person, subject to such conditions as the municipality considers
appropriate, to pay an Administrative Monetary Penalty if the municipality is satisfied
that the person has failed to comply with a By-law of the municipality passed under that
Act;
AND WHEREAS Section 446 of the Municipal Act, 2001, provides that if a municipality
has the authority under that or any other Act or under a By-law under that or any other
Act 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 the municipality may recover
the costs of doing a matter or thing from the person directed or 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 Township of West Lincoln deems it necessary and
desirable to implement a Bylaw to prohibit and regulate the setting of Open-air Fires for
the prevention of spreading of fires, to promote public health and safety, and to protect
the welfare of the inhabitants of the municipality from air pollution, nuisances, and fire
hazards associated with Open-air Fires;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
WEST LINCOLN HEREBY ENACTS AS FOLLOWS:
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DEFINITIONS
1.
ln this By-law,
a. Adverse Effect has the same meaning as in the Environmental Protection Act
R.S.O. 1990, c. E. 19, and includes one or more of the following:
i.
impairment of the quality of the natural environment for any use that can
be made of it;
ii.
injury or damage to property or to plant or animal life;
iii.
harm or material discomfort to any Person;
iv.
an adverse effect on the health of any Person;
v.
impairment of the safety of any Person;
vi.
rendering a property or plant or animal life unfit for human use;
vii.
loss of enjoyment of normal use of property; and
viii.
interference with the normal conduct of business.
b. Burning safety Plan means written procedures, which specify means and
provisions for safely facilitating Open-air Fires, including the means of
confinement and control of fires to prevent unwanted spread, specific
provisions for extinguishment of open-air Fires, and provisions for fire
department notification and emergency vehicle access.
c. Campground/Trailer Camp means a place that contains campsites for the
purpose of providing overnight accommodation for tents, trailers, and/or motor
homes in exchange for monetary payment or other consideration.
d. Campground/Trailer Camp Fire Permit means a permit issued, subject to
compliance with this By-law, to set and maintain Open-air Fires in a
Campground.
e. Competent Person means a person 18 years of age or older who is capable
of exercising reasonable judgement and performing the actions necessary to
control an Open-air Fire and prevent its unwanted spread, and who is
equipped and able to summon the fire department in case of emergency.
f.
Council means the elected municipal Council of the Township of West Lincoln
g. Director means the Director designated by the Administrative Monetary
Penalty By-law of the Township
h. Farm Fire Permit means a permit issued to a Farmer, subject to compliance
with the provisions of this By-law, to set and maintain an Open-air Fire from
time to time on lands zoned for Agricultural use for the disposal of clean wood
waste materials incidental to and consistent with normal farm practice.
i.
Farmer means the owner or operator of an agricultural operation as defined in
the Farming & Food Protection Act, S.O. 1998, c. 1.
j.
Fire Chief means the Chief of the Fire Department of the Township, or any
Person designated to act on his or her behalf.
k. Fire Pit means a pit dug into the ground, or a place with a non-combustible
base and confined within a stone, masonry, metal or other non-combustible
perimeter for the purpose of containing an Open-air Fire.
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l.
Flying Lantern means a device known as a Flying Lantern, Chinese Lantern,
Sky Lantern, Wish Lantern, or other similar device made of paper or other
material with an opening at the bottom under which an open flame is
suspended that, when lit, causes the lantern to rise and float in the air.
m. Listed means included in a list published by a certified Organization
accredited by the Standards Council of Canada, such as Underwriters
Laboratories of Canada (ULC) and the Canadian Standards Association
(CSA), indicating conformance with applicable safety standards.
n. Nuisance means an act or condition that causes unreasonable discomfort to
any Person, loss of enjoyment or normal use of property, damage to property,
or an Adverse Effect, and includes smoke, odour, ash, and embers from an
Open-air Fire that enter onto or affect a neighbouring property.
o. Open-air Fire means a fire that is not contained or enclosed by a building
including, but not limited to a bonfire, fire pit, burn barrel, and outdoor
Fireplace, but does not include a gas-fired appliance regulated by the
Technical Standards and Safety Act, s.o. 2000, c. 16, as amended.
p. Outdoor Fireplace means a manufactured wood-burning appliance, masonry
fireplace, chiminea, ceramic or clay fire pot, clay or metal fireplace, portable
wood-burning device used for outdoor recreation or heating, or other enclosed
container that is used outdoors and designed to hold a small fire, but does not
include a gas-fired appliance regulated by the Technical Standards and Safety
Act, S.O. 2000, c. 10, as amended.
q. Person includes a person, a corporation, a partnership, and a limited
partnership.
r.
Prohibited Materials means:
i.
garbage, trash, and residential, commercial, or industrial waste;
ii.
construction or demolition waste materials including asphalt products,
shingles, metals, electrical wiring, and fiberglass;
iii.
hazardous substances including chemicals, pesticides, flammable
liquids, batteries, used oil, paints, solvents, tires, and rubber materials;
iv.
plastic materials including, but not Iimited to nylon, PVC or ABS
plastics, polystyrene, urethane foam, synthetic fabrics, plastic films, and
plastic containers;
v.
furniture, appliances and upholstered items;
vi.
treated or painted wood including but not limited to plywood, composite
wood products or other wood products that are painted, varnished or
treated with preservatives;
vii.
leaves, unless attached to wood waste, and grass clippings;
viii.
animal fecal deposits, manure, and animal carcasses; and
ix.
paper and cardboard, except for reasonable minimal amounts used
solely for the purpose of starting an Open-air Fire.
s. Rural Fire Permit means a permit issued by the Fire Chief, subject to
compliance with the provisions of this By-law, to set and maintain an Open-air
Fire from time to time for the purpose of disposing of clean wood waste
materials and/or recreational purposes in areas other than an in Urban Area.
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t.
Sensitive Receptor means a place where exposure to smoke may pose a
greater risk to the health of an individual or group, or to the environment,
including, but not limited to schools, child care facilities, health care facilities,
retirement homes, long-term care facilities, and residences of Persons with a
health condition aggravated by smoke or an increased sensitivity to air
pollution or environmental contaminants.
u. Township means the Corporation of the Township of West Lincoln
v. Urban Area means lands located within an Urban Area Boundary as set out in
the Township of West Lincoln's Comprehensive Zoning By-law.
w. Urban Fire Permit means a permit issued by the Fire Chief, subject to
compliance with the provisions of this By-law, to set and maintain an Open-air
Fire from time to time in an Urban Area for recreational purposes.
x. Wood waste means tree trunks, stumps, branches and limbs, brush, natural
vegetation, logs, and wood products that do not include or contain creosote,
chromated copper arsenate, ammoniacal copper arsenate, pentachlorophenol,
pesticides, paint, plywood or composite wood products containing varnish or
glue.
APPLICABILITY
2.
The provisions of this By-law apply to all lands and property within the corporate
limits of the Township of West Lincoln.
EXEMPTION FOR FIRE DEPARTMENT TRAINING
3.
Open-air Fires that are set for training purposes by the Fire Department of the
Township shall be exempt from the provisions of this By-law.
EXEMPTION FOR GAS-FIRED APPLIANCES
4.
The outdoor use of a gas-fired appliance shall be exempt from the provisions of
this By-law on the condition that the appliance is:
a. Listed and meets the requirements of the Technical Standards and Safety Act
S.O. 2000, c. 16, as amended; and
b. lntended for outdoor use, and has been assembled and installed and is used
in accordance with the manufacturer's instructions.
EXEMPTION FOR COOKING FOOD
5.
Open-air Fires that are set or maintained for the purpose of cooking food shall be
exempt from the provisions of this By-law on the condition that:
a. The fire shall be contained entirely within a fixed or portable barbecue
intended for cooking food, or within a metal or masonry enclosure with a metal
grill or screen on top;
b. The size of the fire is reasonable for the quantity of food being cooked;
c. No solid fuel other than commercially produced charcoal, briquettes or clean,
dry, seasoned wood shall be used; and
d. The fire is supervised at all times by a competent person.
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OPEN-AIR FIRE PERMITS
6.
Unless otherwise subject to a specific exemption in this bylaw, the setting or
maintaining of any Open-air Fire within the geographical limits of the Township is
prohibited without first obtaining an Open-air Fire Permit issued by the Fire Chief.
7.
A permit for an Open-air Fire shall:
a. Be in a form as approved by the Fire Chief;
b. Bear the signature of the applicant acknowledging his or her agreement to
comply with all conditions and provisions of this By-law;
c. Be valid only for the location(s) specified in the permit; and
d. Be valid only in the calendar year for which it is issued.
8.
A permit may be issued to a Person upon application and payment of the fee set
out in Schedule "F" attached hereto and forming part of this By-law, as may be
amended from time to time and on the condition of compliance with all provisions
of this By-law.
9.
Every applicant for a permit shall have permission of the legal owner of the
property consenting to the use of the lands for the purpose of setting or
maintaining an Open-air Fire, and the Fire Chief may demand proof in writing of
such permission from the property owner for any Open-air Fire Permit.
10. The Fire Chief may deny or withhold a permit for any Person who, in the opinion of
the Fire Chief, is not able to meet the requirements of this By-law, or has
previously failed to comply with any provision of this By-law.
11. Every issued permit may be subject to verification of compliance with the
provisions of this By-law by the Fire Chief at any reasonable time, and the Fire
Chief may revoke a permit for any Person who, in the opinion of the Fire Chief, is
not able to or has failed to meet the requirements of this By-law.
12. Any fee paid for a permit in accordance with this By-law shall not be refundable
where the permit is not approved by the Fire Chief, or where an issued permit is
revoked under the provisions of this By-law, or where an issued permit is
suspended due to a ban on Open-air Fires declared by the Fire Chief.
13. Any Person who is supervising an Open-air Fire under the authority of a permit
issued under this By-law shall produce a copy of the permit for inspection upon
demand by any Person authorized to enforce this By-law.
FARM FIRE PERMIT PROVISIONS
14. The Fire Chief may issue a Farm Fire Permit to a Farmer to set or maintain an
Open-air Fire on lands zoned for agricultural use from time to time for the purpose
of disposing of clean wood waste materials incidental to and consistent with
normal farm practice.
15. Every Person who sets or maintains an Open-air Fire under the authority of a
Farm Fire Permit shall comply with the regulations set out in Schedule "A"
attached hereto and forming part of this By-law.
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URBAN FIRE PERMIT PROVISIONS
16. The Fire Chief may issue an Urban Fire Permit to set or maintain an Open-air Fire
from time to time for recreational purposes within an Urban Area.
17. Every Person who sets or maintains an Open-air Fire under the authority of an
Urban Fire Permit shall comply with the regulations set out in Schedule "B"
attached hereto and forming part of this By-law.
RURAL FIRE PERMIT PROVISIONS
18. The Fire Chief may issue a Rural Fire Permit to set or maintain an Open-air Fire
from time to time for recreational purposes and for the purpose of disposing of
clean wood waste materials in an area other than an Urban Area.
19. Every Person who sets or maintains an Open-air Fire under the authority of a
Rural Fire Permit shall comply with the regulations set out in Schedule "C"
attached hereto and forming part of this By-law.
CAMPGROUND/TRAILER CAMP FIRE PERMIT PROVISIONS
20. The Fire Chief may issue a Campground /Trailer Park Fire Permit to set or
maintain Open-air Fires at a campground from time to time for recreational
purposes.
21. Every Person who sets or maintains an Open-air Fire under the authority of a
Campground Fire Permit shall comply with the regulations set out in Schedule "D"
attached hereto and forming part of this-By-law.
SPECIFIC EVENT OPEN-AIR FIRE PERMIT
22. A not-for-profit community organization, school, or religious institution may apply in
writing to the Fire Chief for a permit to conduct an Open-air Fire in an Outdoor
Fireplace for a specific cultural, religious, or recreational event.
23. The Fire Chief may issue, without charge, a Specific Event Open-air Fire Permit
subject to compliance with this By-law, and any additional conditions imposed by
the Fire Chief.
24. A site inspection of the property site of the Open-air Fire for a specific event may
be required by the Fire Chief prior to issuing the permit.
25. A Specific Event Open-air Fire Permit shall be valid only for the day or days of the
event.
26. Despite Section 25, the Fire Chief may issue an Open-air Fire Permit that is valid
for up to one calendar year to a community organization or institution set to and
maintain an Open-air Fire at the same location on more than one occasion.
PROVISIONS FOR OTHER FLAMING DEVICES
27. A Person may, without an Open-air Fire Permit, set or maintain Open-air Fires
which are supervised at all times by a competent person that are:
a. Within containers designed to hold individual gel fuel pots, provided that any
gel fuel pot capacity does not exceed 473 millilitres; or
b. Tiki torches with a fuel capacity of not more than 355 millilitres; or
c. Candles.
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SENSITIVE RECEPTOR REGISTRY
28. The Fire Chief shall keep a registry of Sensitive Receptor locations.
29. Any facility at which exposure to smoke, air pollution, or environmental
contaminants would pose a greater risk to the health of the occupants, including,
but not limited to schools, childcare facilities, health care facilities, retirement
homes, and long-term care facilities, may register the applicable location on the
Sensitive Receptor Registry.
30. Any individual with a health condition aggravated by smoke, or with an increased
sensitivity to air pollution or environmental contaminants, may register the location
of their residence on the Sensitive Receptor Registry by providing a report from a
physician licenced to practice in the Province of Ontario, or a notarized affidavit
from the resident, to the Fire Chief attesting to the presence of a health condition
that is aggravated by smoke, or to an increased sensitivity to air pollution or
environmental contaminants.
31. Personal health information provided to the Fire Chief pursuant to Section 30 shall
not be disclosed without the knowledgeable consent of the affected individual, and
all such disclosed information shall be protected in accordance with the Personal
Health Information Protection Act, 2004, S.O.2004, G. 3, Sched. A.
32. There shall be no fee for registering a location on the Sensitive Receptor Registry.
33. An Urban Fire Permit or a Rural Fire Permit shall not be issued for any property
within 75 metres of a location registered on the Sensitive Receptor Registry.
34. All Urban Fire Permits and Rural Fire Permits that have already been issued for
properties within 75 metres of a location that is subsequently listed on the
Sensitive Receptor Registry shall be revoked and deemed to be null and void.
35. Any fees paid for Open-air Fire Permits that are revoked due to the Subsequent
registration of a nearby property on the Sensitive Receptor Registry shall be
refunded in full.
36. Any location listed on the Sensitive Receptor Registry shall be required to renew
its registration from time to time as determined by the Fire Chief.
37. The Fire Chief shall remove from the Sensitive Receptor Registry any location that
is no longer deemed to be a sensitive Receptor.
BAN ON OPEN-AIR FIRES
38. The Fire Chief may declare a ban on all Open-air Fires whenever, in the opinion of
the Fire Chief, a lack of precipitation or other condition within the Township
increases the risk of the spread of fire or would otherwise endanger the health and
safety of any Person or the quality of the natural environment.
39. A ban on Open-air Fires declared by the Fire Chief shall cause all issued Open-air
Fire Permits to be suspended while the fire ban is in effect.
40. The Fire Chief shall cause notice to be posted on the Township website to
communicate the declaration and revocation of any ban on Open-air Fires.
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GENERAL PROHIBITIONS
41. No Person shall set or maintain, or cause or permit to set or maintain, a fire in
contravention of the Fire Protection and Prevention Act, 1997.
42. No Person shall set or maintain an Open-air Fire without first obtaining an Open-
air Fire Permit issued by the Fire Chief.
43. No Person being the owner of lands or property shall allow an Open-air Fire to be
set or maintained on such lands or property unless an Open-air Fire Permit has
been issued by the Fire Chief.
44. No Person shall set or maintain, or allow to be set or maintained on a property
owned by the Person, an Open-air Fire:
a. On any highway, road allowance, or public property;
b. That is not confined to a Fire Pit or Outdoor Fireplace, including an unconfined
grass fire;
c. That causes smoke to travel across a public road or highway;
d. That causes smoke, odour, ashes, or embers to invade a neighbouring
property thereby creating a Nuisance;
e. When the wind velocity is 20 kilometres per hour or greater;
f.
That spreads beyond the Fire Pit or Outdoor Fireplace that confines it;
g. During rainy or foggy weather, or when a smog alert or an air quality advisory
has been issued by an appropriate provincial or federal agency;
h. Without a Competent Person being continuously in attendance at the fire site
to supervise the Open-air Fire during the entire time it is burning to control the
fire and prevent its unwanted spread, and to summon the fire department in
case of emergency;
i.
Without having adequate means on hand and ready for immediate use to
control and extinguish the fire at the fire site;
j.
Without ensuring the fire is completely extinguished before leaving the site
where the fire was burning;
k. At a time other than allowed by the Open-air Fire Permit regulations as set out
in this By-law;
l.
Of a greater size than allowed by the Open-air Fire Permit regulations as set
out in this By-law;
m. Without maintaining the minimum distance from the Open-air Fire to an
adjacent property or roadway in accordance with the Open-air Fire Permit
regulations as set out in this By-law;
n. Without maintaining the minimum distance from the Open-air Fire to a building,
structure, fence, overhead wire, railway, or combustible material in accordance
with the Open-air Fire Permit regulations as set out in this By-law;
o. During a ban on Open-air Fires declared by the Fire Chief;
p. That contains or involves prohibited Materials; or
q. Within 75 metres of a location listed on the Sensitive Receptor Registry.
CONSENT OF REGISTERED OWNER
45. No Person shall set or maintain an Open-air Fire on any property unless:
a. The Person setting or maintaining the fire is the registered owner of the
property on which the fire is set;
b. The registered owner of the property, or an authorized designate, is present at
the site of the fire until the fire is fully extinguished; or
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c. The Person setting or maintaining the fire has the express consent of the
registered owner of the property to the setting of an Open-air Fire on the
property.
FLYING LANTERNS PROHIBITED
46. No Person shall ignite a Flying Lantern, or release an ignited Flying Lantern into
the air within, or that flies over, the geographical boundaries of the Township.
ADMINISTRATION
47. The Fire Chief shall be responsible for the administration and enforcement of this
By-law and is hereby authorized to issue permits to set and maintain Open-air
Fires in accordance with the provisions of this By-law.
ENFORCEMENT
48. The following persons shall be authorized to enforce this By-law:
a. The Fire Chief, and every member of the fire department designated as an
Assistant to the Fire Marshal under the provisions of the Fire Protection and
Prevention Act, S.O. 1997, c.4;
b. A police officer, and every person appointed under the police Services Act
R.S.O. 1990, c. p.15, to enforce By-laws of the Township;
c. A Municipal By-law Enforcement Officer appointed by Council.
ADMINISTRATIVE PENALTY
49. Every Person who contravenes a provision of the By-law shall, when given a
Penalty Notice, be liable to pay an Administrative Monetary Penalty to the
Township in accordance with the provisions of Section 434.1 of the Municipal Act,
2001.
50. Schedule "E" attached hereto and forming part of this By-law hereby sets out the
provisions that are designated as infractions of this By-law, the short form wording
to be used in a Penalty Notice for an infraction of this By-law, and the
Administrative Penalty amounts imposed for infractions of this By-law.
51. The administration of the Administrative Penalty provisions of this By-law,
including review of Penalty Notices, shall be governed by the Administrative
Monetary Penalty (AMPS) By-law of the Township as may be amended from time
to time.
PENALTY NOTICE
52. The Fire Chief, or any other person authorized to enforce this By-law, who has
reason to believe that a Person has contravened a provision of this By-law may
issue a Penalty Notice to that Person.
53. A Penalty Notice shall include the following information:
a.
The name of the Person who has contravened this By-law;
b.
The Penalty Notice date;
c.
A number that is unique to the penalty Notice;
d.
The short form wording listed in Schedule "E" which describes the
contravention;
e.
The amount of the Administrative Penalty;
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f.
Such information as the Director determines is appropriate respecting the
process by which the Person may exercise their right to request a review of
the Administrative Penalty; and
g.
A statement advising that an Administrative Penalty, including any
administrative fee, will, unless cancelled or reduced pursuant to a review,
constitute a debt of the Person to the Township.
SERVICE OF NOTICE
54. Service of a Penalty Notice may be given in any of the following ways, and be
effective:
a.
By delivering it personally to the Person who has contravened the By-law at
the time of the contravention;
b.
By delivering a copy to the person's last known address, effective as of the
time of delivery;
c.
By mailing a copy to the Person's last known address, effective on the fifth
day after a copy is sent by registered mail or by regular letter mail to the last
known address;
d.
By sending a copy by facsimile transmission to the Person's last known
facsimile number, effective upon the conclusion of the facsimile transmission;
or
e.
By sending a copy by e-mail transmission to the Person's last known email
address, effective upon sending the e-mail.
55. For the purposes of Section 54, a Person's last known address, facsimile number,
and e-mail address may include an address, facsimile number and email provided
by the Person to the Township as may be required by a form, practice or policy
developed under this By-law.
INSPECTION
56. The Fire Chief, or any other person authorized to enforce the provisions of this By-
law, shall be permitted to enter upon lands and property at any reasonable time to
inspect any location or place for which an application for a permit has been made,
or for which a permit has been issued.
ORDER TO EXTINGUISH
57. The Fire Chief, Fire Department Officer in charge of a response to investigate a
complaint in respect of an Open-air Fire, or other person authorized to enforce this
By-law may issue an Order to Extinguish a fire to any person who sets or
maintains an Open-air Fire in contravention of this By-law.
58. Any Person who sets or maintains an Open-air Fire shall immediately extinguish
such fire upon receipt of a verbal or written Order to Extinguish duly issued by the
Fire Chief, Fire Department Officer in charge, or other person authorized to
enforce this By-law.
59. No Person shall fail to comply with an Order to Extinguish a fire as duly issued,
confirmed, or modified under this By-law.
60. Where a Person who has set or is maintaining an Open-air Fire fails to, or is
unable to, comply with an Order to Extinguish the fire, the Township, in addition to
other remedies:
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a. May take all reasonable actions to extinguish the fire and, for this purpose,
with its servants and agents from time to time, enter in and upon the property
at any reasonable time without a warrant;
b. May summon whatever personnel, vehicles, apparatus, and equipment
necessary to extinguish a fire; and
c. Shall not be liable to compensate any owner, occupant, or another Person
having interest in the property by reason of anything done by or on behalf of
the Township in a reasonable exercise of its power under the provisions of this
Section.
FALSE AND FRIVOLOUS COMPLAINTS
61. No Person shall make a complaint about an Open-air Fire that is false, frivolous or
vexatious in nature.
62. Any Person who falsely reports a violation of this By-law shall, when given a
Penalty Notice upon the second and any subsequent false reports within a 12-
month period, be liable to pay an Administrative Penalty to the Township as set out
in Schedule "E".
63. Any Person who falsely reports a violation of this By-law shall, upon the second
and any subsequent false reports within a 12-month period, be liable for any and
all costs incurred by the Fire Department to respond to the complaint as set out in
Schedule "F".
LIABILITY AND RECOVERY OF COSTS
64. Any Person who sets or maintains an Open-air Fire which contravenes any
provision of this By-law, and any owner of the lands or property on which such an
Open-air Fire is set or maintained, shall be jointly and severally liable for any
damage to property and/or injury to persons caused by the fire.
65. Any Person who sets or maintains an Open-air Fire that contravenes any provision
of this By-law, and any owner of the lands or property on which such a fire is set or
maintained, shall be jointly and severally liable to the Township for:
a. All applicable fines as prescribed in Schedule "E"; and
b. All applicable fees as prescribed in Schedule "F"; and
c. All costs incurred by the Township to extinguish the fire, including supplies,
mutual aid or other agreement fees, specialized equipment or contractors, or
other associated incidental expenses.
66. The quantity and type of fire apparatus necessary to respond for the purposes of
extinguishing, controlling, or investigating any Open-air Fire shall be at the
discretion of the Fire Chief.
67. Nothing in the Schedule of Fees, Schedule "F", prescribed in this By-law shall be
construed as limiting the rights of the Township to seek restitution for other direct
or consequential damages or costs incurred beyond those listed.
68. The Township shall not be required to notify the owner of lands or property in
advance of its intention to charge for services or costs associated with the
extinguishment of any Open-air Fire.
69. All fees and charges payable under this By-law are due and owing to the Township
within thirty (30) days after the mailing or delivery of the invoice, fees or charges
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not paid by the due date shall bear interest thereon at the prescribed rate,
calculated monthly from the due date until paid in full.
70. All fees and charges payable under this By-law constitute a debt to the Township
which may be added to the collector's property roll under the name of the owner of
the lands upon which the fire was set or maintained, and the amount owing may
be collected in a like manner as municipal taxes.
APPEAL OF FEES OR CHARGES
71. There is an appeal mechanism built into the Township of West Lincoln's
Administrative Monetary Penalty By-law in order for those who feel they have been
unfairly assessed fees or charges under the Open-Air Fire By-law to appeal those
fees or charges.
RIGHT TO CIVIL ACTION
72. Nothing in this By-law affects or shall be held to limit or interfere with the right of
any Person to bring and maintain a civil action for damages occasioned by fire, or
the smoke, odours, embers, or ash therefrom.
INDEMNIFICATION
73. The applicant for a permit as required under this By-law shall indemnify and save
harmless the Township from any and all claims, demands, causes of action,
losses, costs or damages that the Township may suffer, incur or be liable for
resulting from the performance of the applicant as set out in this By-law, whether
with or without negligence on the part of the applicant, the applicant's employees,
directors, contractors and agents.
SEVERABILITY
74. lf a court of competent jurisdiction declares any provision or part of a provision of
this By-law to be invalid or to be of no force and effect, it is the intention of Council
in enacting this By-law, that each and every other provision of this authorized By-
law, be applied and enforced in accordance with its terms to the extent possible
according to law.
SHORT TITLE
75. This By-law may be referred to as the Open-Air Fire By-law.
EFFECTIVE DATE
76. This Bylaw shall come into full force and effect on August 1, 2021.
READ A FIRST, SECOND AND THIRD
TIME AND FINALLY PASSED THIS
28th DAY OF JUNE, 2021.
Consolidated Version - Original signed
______________________________
MAYOR DAVE BYLSMA
Consolidated Version - Original signed
______________________________
JOANNE SCIME, CLERK
BY-LAW 2021-58 OPEN-AIR FIRE BY-LAW
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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
Schedule "A"
To BY-LAW NO. 2021-58
FARM FIRE PERMIT REGULATIONS
A.1. Every Person who sets or maintains an Open-air Fire under the authority of a
Farm Fire Permit shall:
a) Restrict the time the Open-air Fire is set or maintained to between sunrise and
sunset on any day;
b) Maintain a perimeter around the Open-air Fire of at least 5 metres which is
clear of combustible material such as dry ground cover or vegetation;
c) Confine the fire to a single Fire Pit or pile that does not exceed 6 metres in
diameter and the material being burned does not exceed 2 metres in height,
unless specifically approved by the Fire Chief under application of a written
Burning Safety plan;
d) Maintain a distance of not less than 60 metres from the Open-air Fire to any
building, structure, fence, property line, roadway, railway, overhead wire, or
combustible material; and
e) Comply with all provisions, conditions, and prohibitions prescribed by the By-
law.
A.2. The Fire Chief may approve an exemption from one or more provisions prescribed
for an Open-air Fire for farming purposes where, in his or her opinion, such
exemption does not unreasonably pose an increased threat to health or safety.
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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
Schedule "B"
To BY-LAW NO. 2021-58
URBAN FIRE PERMIT REGULATIONS
B.1. An Urban Fire Permit shall not be valid for any property with a lot size that is less
than 12 metres in width.
B.2. Every Person who sets or maintains an Open-air Fire under the authority of an
Urban Fire Permit shall:
a) Confine the fire to a Fire Pit or outdoor Fireplace of no greater than 61
centimetres in diameter, and where the material being burned is no greater
than 61 centimetres in height;
b) Restrict the time the Open-air Fire is set or maintained to between the hours of
Noon to 12 a.m. (midnight) on any day;
c) Maintain a distance of not less than 6 metres from the Open-air Fire to any
roadway;
d) Maintain a distance of not less than 5 metres from the Open-air Fire to any
property line, building, structure, fence, overhead wire, or combustible
material;
e) Not set or maintain an Open-air Fire on a combustible surface or deck, or on
or near dry grass or vegetation; and
f)
Comply with all provisions, conditions, and prohibitions prescribed by the By-
law.
BY-LAW 2021-58 OPEN-AIR FIRE BY-LAW
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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
Schedule "C"
To BY-LAW NO. 2021-58
RURAL FIRE PERMIT REGULATIONS
C.1. Every Person who sets or maintains an Open-air Fire under the authority of a
Rural Fire Permit shall:
a) Not set or maintain an Open-air Fire in an Urban Area;
b) Restrict the time the Open-air Fire is set or maintained to between the hours of
8 a.m. and 12:00 a.m. (midnight) on any day;
c) Confine the fire to a Fire Pit or outdoor Fireplace of no greater than 1 metre in
diameter and where the material being burned is no greater than 1 metre in
height;
d) Maintain a distance of not less than 10 metres from the Open-air Fire to any
building, structure, fence, overhead wire, combustible material, adjacent
property, roadway, or railway; and
e) Comply with all provisions, conditions, and prohibitions prescribed by the By-
law.
BY-LAW 2021-58 OPEN-AIR FIRE BY-LAW
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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
Schedule "D"
To BY-LAW NO. 2021-58
CAMPGROUND/TRAILER CAMP FIRE PERMIT REGULATIONS
D.1. A Burning Safety Plan shall be submitted with every campground/trailer camp Fire
Permit application, and shall be approved by the Fire Chief.
D.2. Every Person in a campground/trailer camp who sets or maintains an Open-air
Fire under the authority of a Campground Fire permit shall:
a) Confine each fire to a Fire Pit or Outdoor Fireplace;
b) Maintain a distance of not less than 3 metres from each fire to any building,
structure, fence, or combustible material; and
c) Restrict the time the Open-air Fire is set or maintained to between the hours of
8 a.m. and 12:00 a.m. (midnight) on any day,
d) Comply with all provisions, conditions, and prohibitions prescribed by the By-
law.
BY-LAW 2021-58 OPEN-AIR FIRE BY-LAW
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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
Schedule "E"
To BY-LAW NO. 2021-58
ADMINISTRATIVE MONETARY PENALTIES
E.1. For the purposes of Section 51 of this By-law, Column 1 in the following table lists
the provisions that are hereby designated as infractions of this By-law for the
purposes of Section 434.1of the Municipal Act, 2001, S.O. 2001, c.25, as
amended.
E.2. Column 2 in the following table sets out the short form wording to be used in a
Penalty Notice for the contravention of the designated provisions listed in Column
1.
E.3. Column 3 in the following table sets out the Administrative Penalty amounts that
are payable for contraventions of the Designated provisions listed in Column 1.
ITEM
COLUMN 1
Designated
Provisions
COLUMN 2
Short Form Wording
COLUMN 3
Administrative
Penalty
1
Section 42
Set or maintain an Open-air
Fire without permit
$300
2
Section 43
Owner of property allow an
Open-air Fire without
permit
$300
3
Section 44 (a)
Set, maintain or allow a fire
on a highway, road
allowance, or public
property.
$300
4
Section 44 (b)
Set, maintain or allow a fire
that is not confined to a
Fire Pit or Outdoor
Fireplace, including an
unconfined grass fire.
$300
5
Section 44 (c)
Set, maintain or allow a fire
that causes smoke to travel
across a public road or
highway.
$300
6
Section 44 (d)
Set, maintain or allow a fire
where smoke, odour, ashes
or embers invade
neighbouring property
creating a Nuisance.
$300
7
Section 44 (f)
Set, maintain or allow a fire
that spreads beyond a Fire
Pit or Outdoor Fireplace.
$300
8
Section 44 (g)
Set, maintain or allow a fire
during rainy or foggy
weather, smog alert, or air
quality advisory.
$300
9
Section 44 (h)
Fail to supervise a fire by a
competent person 18 years
of age or older.
$300
10
Section 44 (j)
Fail to ensure a fire is
extinguished before leaving
the site.
$300
11
Section 44 (k)
Set, Maintain or allow a fire
at a time other than allowed
by regulation.
$300
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12
Section 44 (l)
Set, maintain or allow a fire
of greater size than allowed
by regulation.
$300
13
Section 44 (m)
Fail to maintain minimum
distance from a fire to an
adjacent property or
roadway.
$300
14
Section 44 (n)
Fail to maintain minimum
distance required by
regulation from a fire to a
building, structure.
$300
15
Section 44 (o)
Set, Maintain or allow a fire
during a fire ban.
$500
16
Section 44 (p)
Set, maintain or allow a fire
involving prohibited
materials.
$500
17
Section 44 (q)
Set, maintain or allow a fire
within 75 metres of a
Sensitive Receptor
location.
$500
18
Section 46
Ignite or release an ignited
flying lantern
$500
19
Section 62
Make a false Open-air Fire
complaint.
$300
Note: Penalty Notices may be issued in accordance with Section 52 of this By-law.
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THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
Schedule "F"
To BY-LAW NO. 2021-58
SCHEDULE OF FEES AND CHARGES
(amended by By-law 2022-84)
added to the Consolidated Fees and Charges By-law