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Chapter 827
May 2, 2014
Protection
Chapter 0827 Open-Air Burning
Chapter Index
Article 1 - Short Title
827.1.1
Citation
Article 2 - Interpretation
827.2.1
Barbeque - defined
827.2.2
Camp site - defined
827.2.3
City - defined
827.2.4
Cooking fire - defined
827.2.5
Fire Chief - defined
827.2.6
Normal farm practice - defined
827.2.7
Noxious materials - defined
827.2.8
Nuisance - defined
827.2.9
Officer - defined
827.2.10
Open-air burning - defined
827.2.11
Outdoor fire container - defined
827.2.12
Owner - defined
827.2.13
Permit - defined
827.2.14
Permit holder - defined
827.2.15
Person - defined
827.2.16
Smog alert - defined
827.2.17
Wind speed - defined
Article 3 - Application
827.3.1
Applicable within City
827.3.2
Exceptions
Article 4 - General Provisions
827.4.1
Permit - required
827.4.2
Open-air burning - occupied residential property only
827.4.3
Open-air burning prohibited - contravention
827.4.4
Open-air burning - prohibition
Article 5 - Permits
827.5.1
Application - age restriction
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827.5.2
Applicant - false information prohibited
827.5.3
Site inspection - prior to permit issue
827.5.4
Valid - five years - date of issue
827.5.5
Permit denied - reasons provided
827.5.6
Permit - kept on site
827.5.7
Permit - produced upon request
827.5.8
Permit - non-transferable
827.5.9
Permit - refused - revoked - suspended - at any time
827.5.10
Permit - revocation - medical complaint
Article 6 - Requirements
827.6.1
Open-air burning - outdoor fire container
827.6.2
Open-air burning - conditions
827.6.3
Normal farm practice - notification
827.6.4
Direction to extinguish by officer
827.6.5
Directed to extinguish - remainder of day
Article 7 - Enforcement
827.7.1
Enforcement - duties
827.7.2
Penalty - contravention
Article 8 - Enactment
827.8.1
Effective date
Article 1 - Short Title
827.1.1
Citation
This Chapter may be cited as the "Open-Air Burning By-law."
Article 2 - Interpretation
827.2.1
Barbeque - defined
"barbeque" means a manufactured device or structure with a grill which
is designed, intended and used solely for the purpose of cooking food
outdoors, and includes a hibachi, but does not include devices or structures
designed for personal warmth or outdoor fire containers.
827.2.2
Camp site - defined
"camp site" means a site designated for camping purposes at:
a)
Pittock Conservation Area;
b)
a "children's camp" as defined in Ontario Regulation 170/03; or
c)
a camp operated by a charitable corporation approved under the
Charitable Institutions Act.
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827.2.3
City - defined
"City" means The Corporation of the City of Woodstock.
827.2.4
Cooking fire - defined
"cooking fire" means an open-air burning used for the purpose of cooking
food and extinguished upon the completion of said cooking.
827.2.5
Fire Chief - defined
"Fire Chief" means the person appointed by Council to act as Fire Chief for
the City as defined in the Fire Protection and Prevention Act,1997.
827.2.6
Normal farm practice - defined
"normal farm practice" as defined in the Farming and Food Production
Protection Act, 1998.
827.2.7
Noxious materials - defined
"noxious materials" means materials that emit or are likely to emit noxious
fumes, smoke or other discharge when burned and includes, but is not
limited to, tires, plastics, rubber products, drywall, demolition waste,
construction waste, paint, animal organic waste, vegetable waste, food
waste, biomedical waste, tar, asphalt products, battery boxes, pressure-
treated wood, creosote-treated wood, and painted wood.
827.2.8
Nuisance - defined
"nuisance" means excessive smoke, smell, airborne sparks or embers that
is likely to disturb others, or that is likely to reduce visibility on a highway
in the vicinity of the open-air burning.
827.2.9
Officer - defined
"officer" means the Fire Chief, any member of Woodstock Fire Department
within the Fire Suppression and Fire Prevention Divisions, City's By-law
Enforcement Officers, and Woodstock Police Service Officers.
827.2.10
Open-air burning - defined
"open-air burning" means a fire outside of a building.
827.2.11
Outdoor fire container - defined
"outdoor fire container" means a non-combustible container used to hold
a small fire, and includes, but is not limited to, chimineas, metal tubs, fire
pits, and outdoor brick fireplaces.
827.2.12
Owner - defined
"owner" means any person, firm or corporation having control over any
portion of the building or property under consideration and includes the
persons in the building or property.
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827.2.13
Permit - defined
"permit" means a permit issued by the Fire Chief to conduct an open-air
burning for a specified time period.
827.2.14
Permit holder - defined
"permit holder" means a person to whom a permit has been issued by the
Fire Chief.
827.2.15
Person - defined
"person" means an individual or a corporation.
827.2.16
Smog alert - defined
"smog alert" means an alert issued by the Ministry of the Environment with
respect to air quality.
827.2.17
Wind speed - defined
"wind speed" means the wind speed for Woodstock as reported on the
Environment Canada website.
Article 3 - Application
827.3.1
Applicable within City
This Chapter shall apply to all open-air burning within the City.
827.3.2
Exceptions
This Chapter shall not apply to:
a)
a person using a barbeque to cook food;
b)
a person using a candle, tiki torch or a container with less than
368 grams (13 ounces) of fire gel fuel;
c)
a person using an appliance that is in conformance with the
Technical Standards and Safety Act, 2000 is for outdoor use and
is installed in accordance with the manufacturer's instructions;
d)
a person using a device designed to heat pitch or asphalt;
e)
a person using welding equipment;
f)
except for Sections 827.4.3, 827.4.4, 827.6.2, 827.6.3, 827.6.4,
827.6.5, 827.7.1 and 827.7.2, a person conducting a normal farm
practice carried on as part of an agricultural operation;
g)
a person setting or maintaining a camp fire at a camp site in
compliance with all rules and regulations of the owner;
h)
the City or officers for the purposes of education and training;
i)
a person conducting fire extinguisher training who has obtained
prior written approval of the Fire Chief or designate.
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Article 4 - General Provisions
827.4.1
Permit - required
No person shall set, maintain, or permit to be set or maintained, an
open-air burning without a permit. (See Set Fine)
827.4.2
Open-air burning - occupied residential property only
No person shall set, maintain, or permit to be set or maintained, an
open-air burning within the City on a property that is not occupied, not used
as a private residence and on which a residential use is not allowed under
the City's Zoning By-law.
827.4.3
Open-air burning prohibited - contravention
No person shall set, maintain, or permit to be set or maintained, an
open-air burning in contravention of the Ontario Fire Code, the
Environmental Protection Act or any other statutory requirements of the
Province of Ontario or the Government of Canada.
827.4.4
Open-air burning - prohibition
No person shall set, maintain, or permit to be set or maintained, an
open-air burning contrary to any provision or conditions of this Chapter or a
permit. (See Set Fine)
Article 5 - Permits
827.5.1
Application - age restriction
A person eighteen years of age or older may make written application for a
permit to the Fire Chief using the open-air burning permit application and
along with all supporting documentation required by the Fire Chief.
827.5.2
Applicant - false information prohibited
No person shall supply false or misleading information when applying for a
permit.
827.5.3
Site inspection - prior to permit issue
An open-air burning permit shall not be issued until an inspection of the
property, including verification of working smoke alarms in all property
dwelling units, has been conducted by the Fire Prevention Division of the
Woodstock Fire Department.
827.5.4
Valid - five years - date of issue
A permit issued under the Chapter is valid for a period of five years from
the date of issue.
827.5.5
Permit denied - reasons provided
For any permit application that is denied, the applicant shall be provided
with the reasons for the denial.
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827.5.6
Permit - kept on site
No person shall set or maintain open air burning, or permit open air
burning to be set or maintained, without the permit being located at the
subject property.
827.5.7
Permit - produced upon request
No person shall fail to produce a permit if requested by an officer.
827.5.8
Permit - non-transferable
A permit is non-transferable and is only valid for the person(s) and
property named on the permit.
827.5.9
Permit - refused - revoked - suspended - at any time
A permit may be refused, revoked, or suspended at any time by the Fire
Chief.
827.5.10
Permit - revocation - medical complaint
All requests for the revocation of a permit due to a complaint arising from
a medical condition shall be addressed in accordance with the Woodstock
Fire Department Open Air Burning - Medical Condition Policy.
Article 6 - Requirements
827.6.1
Open-air burning - outdoor fire container
Every person setting, permitting to be set, maintaining, or permitting to be
maintained, an open-air burning in an outdoor fire container shall:
a)
only use an outdoor fire container that is constructed from
noncombustible material;
b)
not burn or attempt to burn a volume of combustible material
greater than 60 centimetres wide by 60 centimetres long by 45
centimetres high (23.6 inches wide x 23.6 inches long x 17.7
inches high);
c)
contain the fire within the outdoor fire container at all times;
d)
locate the outdoor fire container at least 4 metres (13 feet) from
any building, structure, property line, tree, hedge, fence,
roadway, overhead wire or other combustible article; and
e)
locate the outdoor fire container on a non-combustible surface
extending beyond the unit to a dimension equal to the one and a
half times the height of the outdoor fire container.
827.6.2
Open-air burning - conditions
Every person setting, permitting to be set, maintaining, or permitting to be
maintained, an open-air burning shall:
a)
conduct the open-air burning in an outdoor fire container except
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if it is a normal farm practice;
b)
only conduct the open-air burning between 4:00 p.m. and
midnight, or when used as a cooking fire between 11:00 a.m. and
4:00 p.m., or when it is a normal farm practice between dawn
and dusk;
c)
allow, at any reasonable time, an officer to inspect the location or
proposed location of the open-air burning;
d)
have legal title to the property at which the open-air burning is to
occur, or the person, or permit holder, as the case may be, shall
obtain the prior written consent of the person having legal title to
the property;
e)
only burn commercially produced charcoal, briquettes, or clean,
dry, seasoned wood except if it is a normal farm practice;
f)
not burn noxious materials;
g)
have an effective extinguishing agent of sufficient size and
capability to extinguish the open-air burning immediately
available for use;
h)
have a person at least eighteen years of age attend, control and
supervise the open air burning at all times;
i)
completely extinguish the open-air burning before the site is
vacated;
j)
not burn if the wind speed exceeds 10 km (6.2 miles) per hour;
k)
not burn if there are rain or fog conditions;
l)
not burn if a smog alert has been declared;
m) not burn during a municipal fire ban;
n)
produce the permit for inspection if requested by an officer
except if it is a normal farm practice;
o)
protect adjacent properties from the potential spread of fire;
p)
ensure the open-air burning does not create a nuisance; and
q)
ensure that all dwelling units on the property have working
smoke alarms.
827.6.3
Normal farm practice - notification
A person conducting an open-air burning as a normal farm practice shall
notify the Woodstock Fire Department dispatch prior to the open-air
burning and at the conclusion of the open-air burning, and shall provide
their municipal address.
827.6.4
Direction to extinguish by officer
If an officer determines that this Chapter has been contravened, the officer
may direct the person who contravened the Chapter, or who caused or
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permitted the contravention, to discontinue the contravention and
extinguish the open-air burning.
827.6.5
Directed to extinguish - remainder of day
No person shall continue, attempt, or permit an open-air burning for the
remainder of the day's time period, regardless if a permit for same has
been issued, if directed to extinguish or discontinue the open-air burning by
an officer. (See Set Fine)
Article 7 - Enforcement
827.7.1
Enforcement - duties
The provisions of this Chapter shall be enforced by an officer.
827.7.2
Penalty - contravention
Any person who contravenes any of the provisions of this Chapter is guilty
of an offence and upon conviction is liable to a fine or penalty as provided in
the Provincial Offences Act.
Article 8 - Enactment
827.8.1
Effective date
The by-law upon which this Chapter is founded comes into force and takes
effect on May 2, 2013. By-law 8843-13, May 2 2013.