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BY-LAW NUMBER 113-2023
A BY-LAW TO REGULATE OPEN AIR BURNING IN THE CITY OF WINDSOR
Passed the 5th day of September, 2023.
WHEREAS Council of The Corporation of the City of Windsor ("Council") is
empowered under section 7.1(1) of the Fire Protection and Prevention Act, 1997,
S.O. 1997, c.4, as amended, (the "FPPA") to pass by-laws regulating fire
prevention, including the prevention of the spreading of fires;
AND WHEREAS Council is empowered under section 7.1(1) of the FPPA to pass
bylaws regulating 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 7.1(4) of the FPPA to
appoint an officer 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 Council is empowered under section 10 of the Municipal Act,
2001, c.25 to pass by-laws respecting the environmental well-being of the
municipality, the health, safety, and well-being of persons, and the protection of
persons and property;
AND WHEREAS Council is empowered under section 128 of the Municipal Act,
2001, S.O. 2001, c.25, as amended, to pass by-laws 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 considers excessive smoke, smell, airborne sparks or
embers to be capable of causing or becoming 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 Council deems it advisable to enact a By-law to regulate open
air burning within the City of Windsor;
THEREFORE the Council of the Corporation of the City of Windsor enacts as
follows:
Part 1- Definitions
1.
In this By-law,
"Burning Ban" means an order issued at sole discretion of the Fire Chief
prohibiting all Open Air Burning.
"Campfire" means an open air fire where the size of the material burned is
contained by non-combustible material form and the flame is no larger than 60cm
X 60cm X 60cm.
"Campground" means an area of land owned or operated by a person that
contains camp sites for the purpose of providing accommodation for tents, trailers
or cabins in exchange for monetary payment.
"City" means The Corporation of the City of Windsor, inclusive of its boundaries.
"Clean Wood" means wood that is dry and free of paint or attached plastics, and
untreated wood.
"Cooking" means grilling or cooking using charcoal, wood, wood pellets, propane
or natural gas in, or on, cooking or grilling appliances including barbeques.
"Fire Chief' means the person appointed by City Council to act as Fire Chief for
the City as defined in the FPPA, or designate.
"FPPA" means the Fire Protection and Prevention Act, 1997, S.O.1997, c.4, as
amended, and the regulations enacted thereunder as amended from time to time,
or any act or regulation enacted as a substitution.
"Ground Cover" includes but is not limited to, leaves, grasses, weeds, tree
needles or wood chips on the ground.
"Nuisance" means excessive smoke, smell, fumes, airborne sparks, ash,
particulate matter, or embers that is likely to disturb others.
"Officer'' means the Fire Chief, any firefighter of Windsor Fire & Rescue Services,
City by-law enforcement officers, and any member of the Windsor Police Service.
"Open Air Burning" means any fire or burning practice that is conducted outside a
building and includes but is not limited to, small confined fires and large confined
fires, fires in burn barrels, in air curtain incinerators, outdoor recreational
fireplaces, prescribed burning, and construction site and demolition site fires,
campfires, fire pits, fire bowls, sky lanterns, and the use of various types of
Outdoor Fireplaces.
"Outdoor Fireplace" means a manufactured, non-combustible enclosed container
designed to hold a small fire for decorative purposes (known as a 'Chimnea').
"Owner" means the registered owner or any person, firm or corporation having
control over, or possession, of any portion of the building or property under
consideration and includes the persons in the building or property.
"Permit" means a permit issued by the Fire Chief to carry out Open Air Burning
for a specified period of time.
"Permit Holder" means a person to whom a Permit has been issued;
"Person" includes an individual or corporation.
"Prescribed Burning" means burning that is utilized as fire hazard abatement,
forest management, agricultural soil conditioning, crop and pasture production,
prevention or control of weeds and or control of insects or disease.
Part 2 - General Prohibition
2.1 Except as otherwise provided in this By-law, no person shall set, maintain or
allow to be set or maintained, Open Air Burning within the City unless a
Permit for the Open Air Burning has been issued by the Fire Chief.
Part 3 - Cooking Fires and Campfires
Cooking Fires
3.1 The prohibition in section 2.1 does not apply to fires used for Cooking
provided the following conditions are met:
a)
all fires for the purpose of Cooking shall be commensurate with the
type and quantity of the food being cooked;
b)
any appliance used is designed and manufactured for the solitary
purpose of outdoor Cooking;
c)
any such appliance shall be assembled and utilized with strict
adherence to the manufacturer's instructions and/or building permit
specifications, as applicable;
d)
there is no combustible ground cover within five (5) metres of the
Cooking fire;
e)
the Cooking fire shall not be set or maintained carried on any
highway, public park, walkway, public land, or any other land
owned by or operated under agreement with the City without written
permission from the City;
f)
the Owner or person setting the Cooking fire shall maintain a
constant watch and control over the Cooking fire from the time of
the setting of the fire until all fire, hot coals, and smoldering material
are completely extinguished;
g)
a suitable means of extinguishing the Cooking fire must be
immediately
available at all times;
h)
the Cooking fire complies with the FPPA; and
i)
the Cooking fire does not otherwise cause a Nuisance.
Campfires
3.2 The prohibition in section 2.1 does not apply to Campfires provided the
following conditions are met:
a)
the Campfire takes place only in identified Campgrounds officially
operating as Campground businesses and at the permission of the
Campground owner or operator;
b)
there is a distance of at least 3m from any building, hedge, fence,
overhead wiring, overhead vegetation, or a highway and at a
distance greater than
1Om from another open air burning;
c)
only Clean Wood/paper is utilized in the burning process and no
refuse, plastics or treated wood shall be burned;
d)
no flammable liquids shall be utilized as a means to aid the ignition
process for campfires;
e)
vegetation surrounding the individual campfire shall be maintained
to a low height in a 30 cm circumference around the fire so as to
prevent the spread of fire if it were to extend outside of the non-
combustible form;
f)
a suitable means of extinguishing the campfire must be
immediately
available at all times;
g)
all Campfires shall be extinguished upon end of activity and in any
event no later than 1:00 am;
h)
the person setting the Campfire shall maintain a constant watch
and control over the Campfire from the time of the setting of the fire
until all fire, hot coals, nd smoldering material are completely
extinguished;
i)
the Campfire complies with the FPPA; and
j)
the Campfire does not otherwise cause a Nuisance.
3.3
Any fire at a Campground site exceeding the size of a defined Campfire
requires a Permit.
Part 4 - Open Air Burning With Permit
4.1 A person may conduct an Open Air Burning where a Permit has been
obtained, subject to the conditions set out in this By-law, and any
conditions of the Permit.
Permit Applications
4.2 An application for a Permit must be completed on the forms prescribed by
Windsor Fire & Rescue Services.
4.3 Each completed application for a Permit must be submitted to Windsor Fire &
Rescue Services and accompanied by the appropriate fees as set out in
the City's Fees and Charges By-law.
4.4
An application for a Permit may only be submitted by an Owner of the
property where the Open Air Burning is proposed to take place, who is at
least 18 years of age.
Permit Conditions
4.5 Except as otherwise explicitly provided in the Permit issued under this Part,
each Permit shall be deemed to include the following conditions:
a) The Open Air Burning shall only occur between sunrise and sunset
and on the date(s) specified on the Permit;
b) The Open Air Burning is not permitted where the wind velocity is
greater than
24 kilometers per hour;
c) The Permit Holder must maintain constant watch and control over the
Open Air Burning from the time it is set until all fire, hot coals, and
smolder material are totally extinguished;
d) The Open Air Burning is not permitted within five (5) metres of any
combustible ground cover;
e) The Open Air Burning shall be at a distance of not less than twenty-five
(25) meters from any building, structure, property line, tree, hedge,
fence, roadway, overhead wire or other combustible article;
f) A suitable means of extinguishment commensurate with the size of the
fire must be immediately available at all times during the Open Air
Burning;
g) The Open Air Burning shall not exceed 1m x 1m in size and 1m in
height;
h) The Open Air Burning shall not be allowed cause a Nuisance;
i) The Open Air Burning shall not contain any plastics, rubber, asphalt
shingles, roofing tiles, hazardo_us substances, or treated wood;
j) The Permit Holder shall comply with the provisions of the FPPA and
the
Environmental Protection Act, R.S.O. 1990, c.E.19;
k) The Permit Holder shall keep the Permit immediately available during
the Open Air Burning and produce the Permit on demand to any
Officer conducting an inspection of the Open Air Burning; and
I) The Permit Holder shall indemnify and save harmless the City and its
employees from any and all claims, demands, causes of action, costs
or damages that the City may suffer, incur or be liable for resulting
from the Open Air Burning as set out in this by-law, whether with or
without negligence on the part of the Permit Holder, the Permit
Holder's employees, directors, contractors and agents.
4.6 In issuing the Permit, the Fire· Chief may impose such additional
requirements, conditions, or exemptions as the Fire Chief considers
necessary in the interest of public safety, or to minimize inconvenience to
the general public, or advisable in the circumstances, or to give effect to
the objects of this by-law.
Refusal of Permits
4.7 The Fire Chief may refuse to issue a Permit where:
a) the application is incomplete; or
b) there are reasonable grounds to believe that the Open Air Burning may be
adverse to public safety; or
c) there are reasonable grounds to believe that the Open Air Burning will
result in a breach of this by-law, the FPPA, or any other provincial or
federal law or statute.
Revocation of Permits
4.8 A Permit issued to a Permit Holder under this by-law may be revoked by the
Fire Chief if:
a) in the opinion of the Fire Chief, a dangerous condition exists in or near
the site of the open air fire; or
b) the Open Air Burning does not comply with the requirements of the
Permit or any other provisions of this by-law, the FPPA or any other
provincial or federal statute.
Part 5 - Prescribed Burning
5.1 Prescribed Burning shall be permitted, subject to the conditions set out in this Part.
5.2 The person responsible for a Prescribed Burning, shall submit a 'Prescribed
Burn Plan' to the Fire Chief for approval. Prescribed Burning may only be
carried out in accordance with a Prescribed Burn Plan approved by the
Fire Chief.
5.3 The 'Prescribed Burn Plan' shall consist of the following, to the satisfaction of
the Fire Chief:
a) the specific location and description of the area to be burned;
b) subject vegetation types;
c) an emergency telephone number;
d) name and approval of the property owner;
e) the agency/contractor conducting the burn;
f) the burn prescription
g) the number of hectares to be burned, the type of fuel, fuel loading
estimates and the ignition technique to be used;
h) a list of agencies and private parties involved;
i) a map depicting prevailing winds and the potential impact of the
smoke on occupied
buildings and areas for up to one kilometer from the burn site;
j) a discussion of the public notification procedures
5.4 In approving the Prescribed Burn Plan, the Fire Chief may impose such other
terms and conditions as the Fire Chief considers necessary in the interest
of public safety, or to minimize inconvenience to the general public, or
advisable in the circumstances, or to give effect to the objects of this by-
law.
Part 6 - Further Restrictions
Sensitive Receptors
6.1 Notwithstanding any other provIs1on of this By-law, save and except for
Cooking Fires which comply with Section 3.1, Open-Air Burning shall not
be undertaken within 100 metres from a sensitive receptor. Sensitive
receptors include:
a) a health care facility;
b) a senior citizens' residence or long-term care facility;
c) a child care facility; and
d) an educational facility;
6.2 Notwithstanding any other provision of this By-law, Open Air Burning shall
not be undertaken in a place where the Open Air Burning or discharges of
smoke may cause a risk to human health.
Burning Ban
6.3 The Fire Chief may issue a Burning Ban applicable to all or part(s) of the City.
6.4 When a Burning Ban is in effect, notwithstanding any other provision of this
Bylaw or any Permits issued, all Open Air Burning is prohibited within the
parts of the City to which the Burning Ban applies, save and except
Cooking fires conducted within an appliance designed and manufactured
for the solitary purpose of outdoor Cooking which Cooking fire otherwise
complies with section 3.1 of this By-law.
Part 7 - Enforcement
7.1 A person is guilty of an offence if the person:
a) furnishes false information in an application for a Permit under this
Bylaw;
b) sets, maintains or allows to be set or maintained, Open Air Burning
without a Permit as required by this By-law;
c) fails to comply with the conditions of Permit;
d) fails to comply with a Burning Ban;
e) fails to comply with an order, direction, or other requirement made
under this By-law; or
f) violates any provision of this By-law.
7.2
Every person who is convicted of an offence under this by-law is
liable to a fine not exceeding the maximum fine from time to time
prescribed by the Provincial Offences Act, R.S.O. 1990, c.P.33, as
amended, or any legislation passed in succession thereto.
-
7.3
In accordance with Part II 7.1(4) of the FPPA, the municipality may
direct an Officer to enter upon land and into structures at any
reasonable time to inspect the land and structures to determine
whether this by-law is being complied with.
7.4
For the purposes of an inspection an Officer may:
a) require the production for inspection of documents or things
relevant to the inspection;
b) inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
c) require information from any person concerning a matter related to
the inspection; and
d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or
photographs necessary for the purposes of the inspection.
7.5
An Officer may order an Open Air Burning to be extinguished immediately
where:
a) the Open Air Burning contravenes this By-law, the FPPA, or any
other provincial or federal statute; or
b) it is determined upon inspection by the Officer to constitute a safety
hazard or concern.
Part 8 - Miscellaneous
Severability
8.1 Where a court of competent jurisdiction declares any section or part of a
section of this by-law invalid, the remainder of this by-lawshall continue in
force unless the court makes an order to the contrary.
Y
Short Title
8.2 This By-law may be referred to as the "Open Air Burning By-law."
Effective Date
8.3
This By-law shall come into force and take
passing thereof.
CITY CLERK
First Reading
- September 5, 2023
Second Reading- September 5, 2023
Third Reading
- September 5, 2023
e
day of the final