Township of Wainfleet Fire & Emergency Services Burn Permits
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THE CORPORATION OF THE TOWNSHIP OF WAINFLEET
BY-LAW NO. 011-2020
Being a by-law to repeal By-Law No. 027-2009,
as amended, and to regulate the setting, control and extinguishment of Open Air
Fires, and provide set penalties for contraventions and fees of suppression and
other costs, within the Township of Wainfleet.
WHEREAS Section 7.1
(1) (b) of the Fire Protection and
Prevention Act, 1997, S.O.
1997, c. 4 provides that Council of a Municipality may pass By-laws regulating
the setting of open air fires, including establishing the times during which
open air fires may be set;
AND WHEREAS Section 7.1
(3) of the Fire Protection and
Prevention Act, 1997, S.O.
1997, c. 4, provides that a By-law under this section may deal with different
areas of the municipality differently;
AND WHEREAS Section 7.1
(4) of the Fire Protection and
Prevention Act, 1997, S.O.
1997, c. 4, provides that a municipality may 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 Part 2 of the Ontario Fire Code, Ontario Regulation 388/97
issued under the Fire Protection and
Prevention Act, 1997, S.O.
1997, c. 4, provides that open air burning shall not be permitted unless
approved, or unless such burning consists of a small confined fire supervised
at all times and used to cook food on a grill or barbeque or such burning takes
place in 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;
AND
WHEREAS Section 128 of the Municipal
Act, 2001, S,0 2001, c25, as amended, provides that a municipality may pass
by-laws to prohibit and regulate public nuisances, including matters that, in
the opinion of Council, are or could become or cause public nuisance;
AND WHEREAS Section 391 of
the Municipal Act, 2001, S.O.
2001, c.25, provides that despite any Act, a municipality and a local board may
pass By-laws imposing fees or charges on any class of person, for services or
activities provided or done by or on behalf of it or for costs payable by it
for services or activities provided or done by or on behalf of any other
municipality or local board;
AND
WHEREAS Section 429 (1) of the Municipal Act, 2001, S.O. 2001, c. 25,
as amended provides that Subject to subsection
(4), a municipality may establish a system of fines for offences under a by-law
of the municipality passed under this Act. 2006, c. 32,
Sched. A, s. 184
AND
WHEREAS Section 442 of the Municipal
Act, 2001, S.O. 2001, c. 25, as amended provides that where the
municipality has the authority by any Act or By-law to direct or require a
person to do a matter or thing, the municipality may also provide that, in
default or it being done by the person directed or required to do so, the matter
or thing shall be done at the person's expense and the municipality may recover
the costs of doing the matter or thing from the person required to do it, by
action or by adding the costs to the tax roll and collecting them in the same
manner as taxes;
AND
WHEREAS the Council of the Corporation of the Township
of Wainfleet, deems it desirable and
expedient to regulate the setting of open air fires, including the provision of
conditions for the purposes of ensuring fire safety from the risks of open air fires
and reducing the public nuisance arising from such fires;
NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY
ENACTS AS FOLLOWS:
1.0 DEFINITIONS
1.1 In
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) "Applicant"
means the applicant for a burning permit being an Owner
or person who is the Authorized Agent
for an owner.
(c) “Appropriate
Weather Conditions” means that the wind speed at the location of the open air burn does not exceed 15
kilometres per hour, nor is there a declared smog alert. The appropriate
Federal and/or Provincial Government agency shall be used as the source of this
information.
(d) "Authorized
Agent" means any Responsible
Person who provides a Property Owner Permission to Burn Release Form as
approved by the Fire Chief, identifying that they are authorized in writing to
act for the Owner of a particular
property.
(e) "Barbecue"
means 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.
(f)
“Burn Safety Plan” means procedures
provided by the Campground owner, and shall include provisions for facilitating
emergency vehicle access, and specify open air fire safety control procedures
including on-site extinguishment capabilities and supervision requirements.
(g) "Burning
Permit" means a written, conditional, authorization
issued and administered by the Fire Chief
or designate to set or maintain
an open air fire that is not an exempt fire and as per any restrictions
and conditions contained in this By-law or as may be specified on the burning permit itself
(h) “By-products”
includes
smoke and ash.
(i)
“Campfire/Recreational Burn” means a
small, confined fire, supervised at all times, and used only for the purposes
of cooking or entertainment.
(j)
“Campground” means a campground or
recreation trailer park as defined and permitted by the Township Zoning By-law.
(k) "Combustible"
means any material, combination of materials, or
arrangement of materials in which any portion thereof is susceptible to catch
fire when exposed to heat, flame, or burning materials.
(l)
"Cooking" means
the activity of preparing food for human consumption by placing it over a fire
until such time as it is ready to eat and includes fire pre-burn time before
the cooking commences but only as is reasonably necessary and is limited to
burning of commercially produced charcoal, briquettes or clean, dry seasoned
wood.
(m) “Council”
means
the elected Council of the Township of Wainfleet.
(n)
"Designate" means
any person that has designated authority from the Fire Chief for the administration and enforcement of this By-law
and may include the Deputy Fire Chief,
Officer, Firefighter.
(o)
"Exempt" means
that, under specified conditions, a particular type or configuration of open air fire does not require a burning permit.
(p) “Fire
Ban” means a total fire ban and shall prohibit; burning of debris,
burning in an outdoor incinerator, chimineas, fireworks displays, campfires of
any type, and charcoal installations.
(q) “Fire
Chief” means the person appointed as Chief Fire
Official, by Township BY-LAW
pursuant to the Fire Protection and
Prevention Act, and his or her designate.
(r)
"Firefighter" means
a firefighter of the Wainfleet Fire & Emergency Services
(s) “Fire pit”
means
any space designed specifically for the purposes of holding campfire, which
encloses the perimeter of a campfire with non-combustible materials, and may
include a steel or masonry container, such as a chiminea.
(t)
“Fire”shall
have the same meaning as open air burning.
(u) “Fire
Service/Department” means the Fire & Emergency Services
for the Township of Wainfleet as established by By-law.
(v) "Flying
Lantern" means a small hot air balloon or other device
designed to carry an open flame as an airborne light, also known as Sky
Lantern, Chinese Lantern, Kongming Lantern or Wish Lantern, or other similar
device which are devices containing a fuel pack, which fuel pack is usually a
petroleum or wax based fuel that when lit causes the lantern to rise.
(w)
"Grill" means
any custom designed fuel-fired cooking device
that is constructed of metal, ceramic, stone, or masonry, that completely
contains the fire and that has been approved
for use as a cooking device.
(x)
“Municipal
Property”includes any property owned or operated by the Township, but does not include any
property which is leased out by the Township.
(y) “Negative impact”means
one or more of:
i.
actual damage to property or to plant or animal
life;
ii.
harm or material discomfort to any person;
iii.
impairment of the safety of any person
iv.
loss of normal use of property; or
v.
interference with normal conduct of business.
(z) “Notify” means that
any person proposing to have an open air burn is required to contact the
Township Office and provide a minimum of twenty-four (24) hours advance
notice. No burning shall take place
prior to receiving authorization from the Fire Chief or designate, provided
that the required application as indicated in this by-law has been supplied.
(aa) "Nuisance"
means the travel of the products of a fire, including but
not limited to smoke, odour, ash and hot embers, which products in the opinion
of the Fire Chief or designate may cause unreasonable
discomfort to persons, loss of enjoyment or normal use of property,
interference with normal conduct of business, or damage to property.
(bb)
"Nuisance Deployment" means
the dispatch of Wainfleet Fire & Emergency Services to emergency or
non-emergency situations due to complaints received relative to open air burning activity for either
authorized or unauthorized open air
burning or dispatch to vacant buildings due to inadequate security and
unlawful entry.
(cc)
“Officer” means shall mean an person designated by the
Wainfleet Fire Chief or a By-law Enforcement Officer appointed by the Township
of Wainfleet, a member of the Niagara Regional Police (NRP), Ontario Provincial
Police (OPP), Royal Canadian Mounted Police (RCMP) or Canadian National Police
(CNP).
(dd) "Open Air" means any open place; yard, field or construction
area which is not enclosed by a building or structure;
(ee)
“Open
Air Burning” means burning or
combustion of materials in any open place including but not limited to gardens,
yards, alleys, fields, parks, industrial sites, construction sites,
building lots, parking lots, streets, or any other open place or construction areas which are not
enclosed by a building or structure.
(ff)
"Owner"
means the person registered on
title as the owner of a property.
(gg)
“Person” means and includes an individual, firm,
corporation, association or partnership and includes an occupant or owner of a
premise.
(hh)
“Public/Special
Event” means any event where a recreational fire does
not occur on residential property
(ii)
"Responsible/Competent
Person" means any adult
person (18 years of age or older) who, in the opinion of the Fire Chief or
designate, is capable of exercising the required judgment and is capable
of performing the necessary actions to control a fire and prevent its unwanted
spread and does not include persons impaired by alcohol or drugs.
(jj) “Township” means
the Corporation of the Township of Wainfleet.
(kk)
“Vacated” means the absence of any person attending to the
fire
2. ADMINISTRATION
2.1 The short-title of this By-law shall be
the “Open Air Burning By-law”.
2.2 The administration of this By-law shall be
the responsibility of the Fire Chief except
with regard to enforcement which shall be the responsibility of the Fire Chief and any Officer.
2.3 If this By-law is in conflict with any
Federal or Provincial Act or Regulation, the provisions of the said Federal or
Provincial Act or Regulation shall supersede those affected portions of this
By-law.
2.4 The
provisions of this By-law shall apply to all lands and premises within the
corporate and geographic limits of the Township.
3. PROHIBITION
3.1 No person shall set or maintain or cause
or permit an Open Air Fire within
the boundaries of the Township unless
approved by the Fire Chief.
3.2
No person shall set or maintain or
cause or permit an Open Air Burning contrary
to the conditions set out in this By-law or a permit issued pursuant to this By-law.
3.3 No person shall set or maintain or cause
or permit an Open Air Burning within
the boundaries of the Township unless
they are the owner or authorized agent (written proof of authorization
required) of the property owner.
3.4 No person shall burn any material
restricted by the Ministry of the Environment including but not limited to
rubber, plastics, foam, treated wood, or any material which could cause toxic
or noxious gasses, as listed in Schedule ‘A’ of this By-law.
3.5 No person shall set or maintain or cause
or permit an Open Air Fire
where it may cause nuisance, inconvenience, irritation or detriment to any
other person or property.
3.6 No person shall set or maintain or cause
or permit an Open Air Fire
directly under or near any telecommunications or power lines.
3.7 No person shall set or maintain or cause
or permit an Open Air Fire on
or near roadways, which could interfere with traffic.
3.8 No person shall set or maintain or cause
or permit an Open Air Fire on
Municipal Property or on any road allowances.
3.9 No person shall start a fire outdoors
without ensuring that:
(a)
The appropriate conditions (weather and ground)
are safe and suitable for said fire.
(b)
There are responsible persons competent to
control the fire in attendance from start to extinguishment.
(c)
There are no Fire Bans in place at the time.
(d)
The rules and regulations of this By-law are
followed.
(e)
There are adequate personnel, equipment, and
water available to control and extinguish said fire.
(f)
The ability to contact the Township or Fire & Emergency
Services is immediately available.
(g)
The fire is on bare mineral soil or rock and is
at least 3 metres (9.75 ft.) from any flammable material.
3.10 No person within the Township of Wainfleet
shall ignite or release an ignited Flying Lantern.
3.11 Any person who ignites or releases an
ignited Flying Lantern and causes a Fire in the Township of Wainfleet shall be
deemed to be fully responsible for fire control and shall:
(a) be
responsible for any damage to property or injury to persons or animals
occasioned by said Fire;
(b)
be liable for all costs incurred by the Fire
Service/Department responding to the Fire, including the costs of the personnel
and equipment as authorized and set out in the Township of Wainfleet Fees and
Charges By-law in effect at the time of the incident.
3.12 The
Fire Chief or designate may, at their discretion, declare a Ban that will
prohibit or restrict any or all Open Air Burning or all outdoor Fires depending
on weather conditions. See definition of
Fire Ban
NOTE:
during a fire
ban a cooking appliances, BBQ or Hibachis (charcoal installation) may be used,
provided the appliance is used within 100 metres of a permanent structure that
is used as a dwelling that is occupied, or in an organized campground.
Appliances must be at least 2 metres from any flammable material and the ashes
and coals produced are completely extinguished and safely disposed of.
3.13 A
Ban on Open Air Fires declared by the Fire Chief shall cause all issued Open
Air Permits to be suspended while the Ban is in effect.
3.14 The
Fire Chief shall ensure declaration and revocation of any Ban is communicated
and notice is posted on the Township Website
3.15 Nothing in this By-law shall be construed as
permitting the operation of an incinerator.
4. EXEMPTIONS
4.1 The Wainfleet
Fire & Emergency Services shall be exempt from the provisions of
this By-law with respect to open air
burnings for the purposes of educating and training individuals.
4.2 Any Open
Air Fires under the direct and constant supervision of employees of the
Township of Wainfleet during the execution of their job-related duties shall be
exempt from the provisions of this By-law subject to notification to the
Wainfleet Fire & Emergency Services.
4.3 A person may set or maintain, or cause or
permit to be set or maintained an Open
Air Fire without being approved if
the fire is to be used for the sole purpose of cooking, provided that:
(a) It is a confined fire that is contained entirely within a fixed or portable grill,
barbecue or spit designed for cooking food
or an approved alternative;
(b) Commensurate
with the type and quantity of food being cooked
(c) The
fire is supervised at all times by a responsible person;
(d) A
means of controlling and extinguishing the fire, sufficient for the size of the
fire, is present at all times;
(e) The
responsible person ensures the fire is made safe (fully extinguished)
once the cooking is completed;
(f) No
material other than commercially produced charcoal, briquettes or clean, dry
seasoned wood may be burned;
(g) The
grill, barbecue or spit is
located no closer than 3 metres from any structure or property line or any
combustible material that may contribute to fire spread such as a fence, hedge,
and plantings and is not operated in such a manner as to create a fire hazard.
4.4 Open air fires may be considered exempt
from the provisions of this By-law, if they involve patio torches and candles
provided such devices are not operated in or near dry vegetation, and such
devices are not operated in any other place conducive to the development or the
spread of fire or explosion.
4.5 Open air fires may be considered exempt
from the provisions of this By-law, if they involve a fire that is confined
within a gas fired appliance (natural gas or propane) that is in conformance
with the Technical Standards and Safety Act, 2000, is for outdoor use, and is
installed and used in accordance with the manufacturer's instructions.
4.6 Open Air Fires exempted in Sections 4.1
through 4.5 shall not be set or maintained or caused or permitted on a porch,
balcony, roof, or veranda that is attached to or part of a Multi-Unit
Residential Building and are therefore prohibited, unless otherwise approved.
4.7 Open
air fires may be considered exempt from the provisions of this By-law, if they
involve an appliance of a portable nature which requires an open flame for the
heating of a material during a construction or maintenance process provided
such appliance is safe to operate, such appliance is not operated in such a
manner as to create a fire hazard, and that the fire is attended at all times
by a responsible person to supervise it.
5. RECREATIONAL BURNING (CAMPFIRES)
5.1
Open air burning for
recreational purposes, except at a public event, is deemed to be approved by
the Fire Chief if all
conditions set out in Section 4 have been met, as well as;
(a)
Between
April 1 and October 31, the fire is set no earlier than 7:00 p.m., and is
extinguished no later than 7:00 a.m.
(b)
The fire is contained in a fire pit which does not exceed more
than one metre (3.28 ft.) in diameter and;
(c)
The flame height does not exceed one metre
(3.3 ft.) in height
(d)
the fire is at least 3 metres (9.8 ft.)
from any building, structure, hedge, fence, vehicular roadway of any kind or
nature, overhead wiring or any property line, or any object or material with
potential to ignite; unless otherwise approved by the Fire Chief or within a site of a permitted campground;
(e)
The fire is attended, controlled and
supervised at all times;
(f)
Steps are taken to ensure that smoke
caused by the fire does not have an adverse affect on the visibility of
motorists using roads in the vicinity of the burn;
(g)
The owner or authorized agent takes
steps to ensure that adjacent properties are protected and that the by-products of the fire do not have a
negative impact on persons,
pets or the environment;
(h)
The fire is not occurring on any road
allowance or municipal property without
written permission of the Township;
(i)
An effective means of extinguishment
(e.g. garden hose, fire extinguisher and shovel) sufficient for the size of
fire and with the capability to perform such extinguishment is immediately
available for use;
(j)
The fire is conducted in such a manner
as to preclude the escape of fire or the escape of combustible solids such as
sparks and ash from the fire;
(k)
The only materials being burned are
those listed in Schedule ‘A’, forming part of this By-law; and
(l)
The fire is completely extinguished
before the site is vacated.
6. SPECIAL/PUBLIC EVENTS
6.1
Open air burning for
the purposes of a public event, and deemed to be approved by the Fire Chief, provided that all
conditions set out in Sub-Section 3.9 and Section 4 have been met, as well as;
(a) The
fire proposed to take place on land that is not zoned for residential use.
(b) The
fire is contained and does not exceed more than two metres (6.5 ft.) in
diametre and two metres (6.6 ft.) in height
(c) The
fire is at least 5 metres (16.4 ft.) from any building, structure, hedge,
fence, vehicular roadway of any kind or nature, overhead wiring or any property
line, or any object or material with potential to ignite; unless otherwise approved
by the Fire Chief or within a
site of a permitted campground;
(d) The
fire is attended, controlled and supervised by a responsible person at all
times;
(e) The
fire is not occurring on any road allowance or municipal property without written permission of the Township and Steps are taken to
ensure that smoke caused by the fire does not have an adverse effect on the
visibility of motorists using roads in the vicinity of the burn;
(f)
The Owner or authorized agent takes steps to
ensure that adjacent properties are protected and that the by-products of the fire do not have a
negative impact on persons,
pets or the environment;
(g) A
sufficient means of extinguishment (e.g. garden hose, fire extinguisher and
shovel) sufficient for the size of fire and with the capability to perform such
extinguishment is immediately available for use;
(h) The
fire is conducted in such a manner as to preclude the escape of fire or the
escape of combustible solids such as sparks and ash from the fire;
(i)
The only materials being burned are those
listed in Schedule ‘A’, attached hereto and forming part of this By-law; and,
(j)
The ability to contact the Township or Fire & Emergency
Services is immediately available.
(k) The
fire is completely extinguished before the site is vacated.
6.2
Notification must be made to the Township of
the Special/Public Event Fire five business days prior to the Special/Public
Event.
6.3
The Fire Chief or their designate may require
or conduct a site inspection prior to the Special/Public Event.
6.4
Burn Permits issued under this section are for
Single Events only shall expire on the date listed on the permit.
6.5
Despite section 6.4, 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.
7. RESIDENTIAL
BURN PERMITS
7.1 Open air burning on lands zoned
Residential, not meeting the requirements of Sections 5, 6, 8 or 9 of this
by-law, shall require an application to the Township for an annual permit. Such application shall be made as required by
the Fire Chief, and requires a minimum of twenty-four (24) hours advance
notice. Permits shall be issued at the
sole discretion of the Fire Chief or designate provided that all conditions set
out in Sub-section 3.9 and Section 4 have been met, as well as:
(a)
the fire is located on land designated for
Residential use in the Township Zoning
By-law;
(b)
only materials as set out in Schedule ‘A’,
attached hereto and forming part of this By-law, are burned;
(c)
the fire is attended, controlled and supervised
by a responsible person at all times;
(d)
the fire is completely extinguished before the
burn site is vacated;
(e)
the fire is confined to an area located at
least 5 metres (16.4 feet) from any building, structure, hedge, fence,
vehicular roadway of any kind or nature, overhead wiring, or any property line
or any object or material with potential to ignite;
(f)
steps are taken to ensure that smoke caused by
the fire does not adversely affect the visibility of motorists using roads in
the vicinity of the burn;
(g)
No piles to be burned shall be greater than 2
metres (6.6 ft.) high and 2 metres (6.6 ft.) in diameter. Piles must be
separated by a minimum of 10 metres (32.8 ft.)
(h)
A fire for the purpose of burning grass and/or
leaves must not exceed an area of 0.5 hectare (70.75 metres x 70.75 metres),
must not have a flame edge exceeding 20 metres (65.6 feet) across, and must not
have a flame height exceeding 1 metre (3.3 feet). Notwithstanding the
provisions of Clause 7.1(h)., burning of leaves or grass may be done as long as
the soil conditions and ground moisture content are not conducive to sub
surface fires, in accordance with Sub-section 3.9.
(i)
Steps are taken to ensure that the adjacent
properties are protected and that by-products
of the fire do not have a negative
impact on persons, pets or the environment;
(j)
The burn is conducted in such a manner to
prevent the escape of the fire or the escape of combustible solids such as
sparks and ash from the fire;
(k)
An effective means of extinguishment (e.g.
garden hose, fire extinguisher and shovel) sufficient for the size of fire and
with the capability to perform such extinguishment;
(l)
The fire is not located on any road allowance
or municipal property without
the written permission of the Township,
unless such burning is being conducted by authorized employees of the Township of Wainfleet or is for the
purpose of clearing the Township drainage
ditches;
(m)
Ability to contact the Township or Fire & Emergency Services is immediately
available.
(n)
The holder of a burning permit issued pursuant
to this section is required to notify the
Township Fire Department at the
telephone number specified on the permit on each and every day that they intend
to burn and before any burning commences.
7.2
The Fire Chief or their designate may require
or conduct a site inspection prior to the issuance of a Burn Permit.
7.3
Any Burn Permit issued under this section shall
expire December 31st of the year it was issued.
7.4
Permits shall be subject to provisions as set
out in Section 10 of this By-law.
8. AGRICULTURAL
BURN PERMITS
8.1
Open air burning on lands zoned Agricultural,
not meeting the requirements of Sections 4, 5, 6, 7 or 9 of this by-law shall
require an application to the Township for an annual permit. Such application shall be made as required by
the Fire Chief, and requires a minimum of twenty-four (24) hours advance notice. Permits shall be issued at the sole discretion
of the Fire Chief or designate provided that all conditions set out in Section
4 have been met, as well as;
(a)
the fire is located on land designated for
Agricultural use in the Township zoning
By-law;
(b)
only materials as set out in Schedule ‘A’, forming
part of this By-law, are burned;
(c)
the fire is attended, controlled and supervised
at all times;
(d)
the fire is completely extinguished before the
burn site is vacated;
(e)
the fire is confined to an area at least 5
metres (16.5 ft.) from any building, structure, hedge, fence, vehicular roadway
of any kind or nature, overhead wiring, or any property line or any object or
material with potential to ignite;
(f)
steps are taken to ensure that smoke caused by
the fire does not adversely affect the visibility of motorists using roads in
the vicinity of the burn;
(g)
No piles to be burned shall be greater than 3
metres (9.84 ft.) high and 10 metres (32.81 feet) in diameter. No more than 2
piles may be burning at one time. Piles must be separated by a minimum of 10
metres (32.5 ft.)
(h)
A fire for the purpose of burning grass and/or
leaves must not exceed an area of 0.5 hectare (70.75 metres x 70.75 metres),
must not have a flame edge exceeding 20 metres (65 ft.) across, and must not
have a flame height exceeding 1 metre (3.25 feet). Notwithstanding, the
provisions of Clause 8.1(h)., burning of leaves or grass may be done so long as
the soil conditions and ground moisture content are not conducive to sub
surface fires, in accordance with Sub-section 3.9.
(i)
Steps are taken to ensure that the adjacent
properties are protected and that by-products
of the fire do not have a negative
impact on persons, pets or the environment;
(j)
The burn is conducted in such a manner to
prevent the escape of the fire or the escape of combustible solids such as
sparks and ash from the fire;
(k)
An effective means of extinguishment (e.g.
garden hose, fire extinguisher and shovel) sufficient for the size of fire and
with the capability to perform such extinguishment;
(l)
The fire is not located on any road allowance
or municipal property without
the written permission of the Township,
unless such burning is being conducted by authorized employees of the Township of Wainfleet or is for the
purpose of clearing the Township drainage
ditches;
(m)
Ability to contact the Township or Fire & Emergency Services is immediately
available.
(n)
The holder of a burning permit issued pursuant
to this section is required to notify the
Township Fire Department at the
telephone number specified on the permit on each and every day that they intend
to burn and before any burning commences.
8.2
The Fire Chief or their designate may require
or conduct a site inspection prior to the issuance of a Burn Permit.
8.3
Any Burn Permit issued under this section shall
expire December 31st of the year it was issued.
8.4
Permits shall be subject to provisions as set
out in Section 10 of this By-law.
9. COMMERCIAL, INDUSTRIAL,
INSTITUTIONAL BURNING
9.1
Open air burning on
lands zoned commercial, industrial or institutional that do not meet the requirements
of Section 4 are not permitted; except under the authority of and in compliance
with a (Commercial Ignition Authority) permit issued pursuant to this section.
9.2
Qualified Commercial
Operators or Contractors may conduct open air burning on lands zoned
Residential that do not meet the requirements of Sections 5 and 7 under the
authority of and in compliance with a (Commercial Ignition Authority) permit
issued pursuant to this section.
9.3
Qualified Commercial
Operators or Contractors may conduct open air burning on lands zoned
Agricultural that do not meet the requirements of Sections 8 under the
authority of and in compliance with a (Commercial Ignition Authority) permit
issued pursuant to this section.
9.4
Permits shall be issued at the sole discretion
of the Fire Chief or designate provided that all conditions set out in Section
3 have been met, as well as;
(a)
Commercial operators and Contractors will be
required to provide proof Liability Insurance.
9.5
The holder of a burning permit issued pursuant
to this section is required to notify the
Township at the telephone
number specified on the permit on each and every day that they intend to burn
and before any burning commences, and again when the fire is extinguished.
9.6
The Fire Chief or their designate may require
or conduct a site inspection prior to the issuance of a Burn Permit
9.7
Any permit issued under this section
shall expire sixty (60) calendar days after it was issued.The Fire Chief or designate, may shorten or extend the permit period if
required.
10. GENERAL
PERMIT PROVISIONS
10.1 The
application and permit shall be in the form as set out by the Fire Chief.
10.2 Each
permit application must be accompanied by the applicable fee as set out in the
Township of Wainfleet’s current Fees and Charges By-law.
10.3 Permits
are issued at the discretion of the Fire
Chief.
10.4 Prior
to granting a permit to conduct open
air burning, the Fire Chief may
give consideration to:
(a)
the results of an on-site inspection;
(b)
the size of the proposed fire;
(c)
the safety measures proposed;
(d)
the supervision arrangements proposed;
(e)
the time of year and the time of day;
(f)
the type of special event;
(g)
the materials to be burned;
(h)
the anticipated weather conditions; and
(i)
any other relevant considerations.
10.5 The
Fire Chief may attach such conditions as deemed appropriate to any permit
granted for open air burning.
10.6 The
holder of the burning permit shall keep the permit or a copy of the permit at
the burning site specified in the permit.
10.7 No
person, being the holder of a burning permit, shall fail to produce the permit
or a copy of the permit on the demand of an Officer.
10.8 Any
permit holder who is in violation of this By-law shall have their permit
summarily revoked and all fires shall be immediately extinguished.
10.9 Despite
the existence of a valid burning permit, the Fire Chief may suspend, without
recourse, any and all burning permits and cause to be extinguished any fire
until such conditions as the Fire Chief may indicate are met.
10.10 The
Fire Chief may refuse to approve or issue a permit for an open air burning if
the proposed open air burning would be in contravention of this By-law; if the
owner, occupant or permit holder has, in the past, contravened the provisions
of this By-law or has not complied with any conditions attached to a permit
issued pursuant to this By-law.
10.11 The
Fire Chief may withdraw a permit for an open air burning if, in the Fire
Chief’s opinion, the fire is causing a negative impact, smoke produced by the
fire is causing visibility concerns on roads in the area of the burn, the
weather has deteriorated or conditions have become unfavorable for an open air
burning, conditions attached to the granting of a permit are not being adhered
to or any provision of this By-law is being contravened.
10.12
Open air burning conducted under S. 20 of the
Marihuana for Medical Purposes Regulations (Health Canada) shall be governed by
those regulations and must provide that there will be no negative impact on
community safety and/or neighbouring properties. The determination of negative
impact will be at the sole discretion of the Fire Chief (or designate).
11. POWER OF ENTRY AND INSPECTION
11.1 An
Officer may, at any time, enter onto land to determine whether this bylaw is
being complied with;
11.2 Every
owner shall permit the Officer to inspect any land for the purposes of
determining compliance with this by-law;
11.3 Notwithstanding
any provision of this by-law, an Officer shall not enter or remain in any room
or place actually being used as a dwelling unless:
(a) the
consent of the occupier is obtained, the occupier is obtained, the occupier
first having been informed that the right of entry may be refused and, if
refused, may only be made under the authority of a warrant issued under the
Provincial Offences Act, R.S.O 1990, as amended;
(b) a warrant issued under the Provincial
Offences Act, R.S.O. 1990, as amended is obtained.
12. OBSTRUCTION
12.1 No
person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this by-law.
12.2 Any person who has been alleged to have
contravened any of the provisions of this by-law, shall identify themselves to
the Officer upon request, failure to do so shall be deemed to have obstructed
or hindered the Officer in the execution of his duties.
13. EXTINGUISHED UPON DEMAND
13.1 The
Fire Chief or designate may order any fire extinguished. If so ordered the
person or persons responsible shall extinguish the said fire immediately.
Failure to do so shall result in suppression costs being levied against the
person or persons responsible as set out in the Township of Wainfleet’s current
Fees and Charges By-law.
13.2 When
made aware of an unapproved open air
burning, any Officer may order the land owner or occupant to immediately
extinguish the fire.
13.3 Where
in the opinion of any Officer, if any
approved open air burning is
having a negative impact on the
occupants of adjacent land, the fire is adversely affecting persons using a
road or highway adjacent to the burn site, the weather has deteriorated or
conditions have become unfavourable, or conditions attached the any permit or
the provisions of this By-law are being contravened, the Officer is hereby granted the
authority to order the owner or occupant to immediately extinguish the fire.
13.4 No person conducting or permitting an open air burning shall fail to
extinguish a fire upon
direction by an Officer.
14. LIABILITY
14.1 Every
person who starts a fire shall be responsible and liable for damage to
property, or injury to persons occasioned by the said fire.
14.2
The Municipality shall not be held responsible
or liable for any damages, or costs incurred for the purpose of investigating,
controlling and extinguishing any fire.
15. PENALTY
15.1 Every
person who contravenes any provision of this By-law is guilty of an offence and
upon conviction shall be liable to a fine or penalty as set out in the Provincial Offences Act, R.S.O. 1990,
as amended.
15.2
Where a person fails to comply with
requirements of the By-law, an Officer may give the person a notice and
direction to comply. Further an Officer may issue a penalty notice immediately
upon evidence of a violation to the owner of the property, in accordance with
the Non-Parking AMPS By-law No. 027- 2019. Set monetary Penalties are listed in
Schedule “B”, attached hereto and forming part of this By-law.
15.3
The court in which the conviction has been
entered, and any court of competent jurisdiction thereafter, may make an order
prohibiting the continuation or repetition of the offence by the person
convicted, and such order shall be in addition to any other penalty imposed on
the person convicted.
16. ENFORCEMENT
16.1 The authority to enforce the provisions of
this By-law is hereby granted to the Township
Wainfleet Fire Chief or designate and Officers as defined.
17. FALSE AND FRIVOLOUS COMPLAINTS
17.1 No
Person shall make a complaint about an Open Air Fire that is false, frivolous
or vexatious in nature.
17.2 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 Town.
17.3 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 incurredby the fire department
to respond to the complaint.
18. COLLECTION OF COSTS
18.1 If
any contravention of the By-law results in the Township Fire Services being dispatched, the person and/or
property owner may be charged with the actual cost of the Fire Department
response according to the rates established in the current Township of
Wainfleet Fees and Charges By-law in addition to current Ministry of
Transportation rates, if required; however, nothing in this schedule of rates
shall be construed as limiting the rights of the Township of Wainfleet to seek restitution for other direct or
consequential damages or costs incurred beyond those listed;
18.2 Should
any land owner or occupant fail to extinguish a 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 the Township Fire Department
in its efforts to extinguish the fire;
18.3 Any
such fee or charge imposed pursuant to this By-law shall be payable within 30
days of invoicing the person responsible, at the person’s last known address,
and interest shall accrue and be added to the amount at the rate of 1.25% per
month;
18.4 The Township shall have the
right to collect any unpaid costs as authorized by this By-law by adding such
charges to the tax roll where they may be collected in like manner as municipal
taxes.
19. INDEMNIFICATION
19.1 The applicant for a permit as required under this
by-law shall indemnify and save harmless the Town from any and all claims,
demands, causes of action, losses, costs or damages that the Town 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.
20. SEVERABILITY
20.1 If any section or sections of this By-law or
parts thereof are found in any court of law to be illegal or beyond the power
of the Council of the Township to enact, such section or
sections or parts thereof shall be deemed to be severable and all other
sections or parts of this By-law shall be deemed to be separate and independent
there from and to be enacted as such.
21. REPEAL
21.1 All by-laws and/or resolutions that are
inconsistent with the provisions of this By-law and the same are hereby
repealed or rescinded insofar as it is necessary to give effect to the
provisions of this By-law, including By-law 027-2009, as amended.
B-LAW
READ AND PASSED THIS 10TH DAY OF MARCH, 2020.
K. Gibson,
MAYOR
M.
Ciuffetelli, DEPUTY CLERK
SCHEDULE ‘A’ TO BY-LAW NO. 011-2020
1.
Acceptable Materials
1.1 The following is a list of Acceptable
Material for burning under this By-law.
(a) Wood
and wood by-products that have not been chemically treated, painted or stained.
(b) Paper
and paper products.
(c) Cardboard
(d) Brush
(e) Tree
stumps
(f)
Hay, straw and dry grass (non-baled)
(g) Yard
wastes such as twigs and leaves
(h) Other
combustible materials only with the specific approval from the Fire Chief
2. Prohibited
Materials
2.1 The following is a list of Prohibited Materials that are
not to be burned:
(a) garbage,
trash, and residential, commercial, or industrial waste;
(b) construction
or demolition waste materials including asphalt products, shingles, metals,
electrical wiring, and fiberglass;
(c) hazardous
substances including chemicals, pesticides, flammable liquids, batteries, used
oil, paints, solvents, tires, and rubber materials;
(d) plastic
materials including, but not Iimited to; Nylon, PVC or ABS plastics,
Polystyrene, Urethane foam, Synthetic fabrics, Plastic films, and Plastic
containers;
(e) Furniture,
Appliances and Upholstered items;
(f)
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;
(g) Animal
fecal deposits, manure, and animal carcasses; and
SCHEDULE “B” TO BY-LAW NO. 011-2020
Open Air Burning Short Form Wording and
Administrative Monetary Penalties.
Section |
Short Form Wording |
Penalty |
3.1 |
Set, maintain, cause or permit an open
air fire without approval from the Fire Chief (Permit) |
$300.00 |
3.2 |
Set, maintain, cause or permit an open
fire contrary to conditions set forth in this by-law |
$300.00 |
3.4 |
Set, maintain, cause or permit an open
air fire of materials not listed in Schedule “A” of this By-law |
$500.00 |
3.6 |
Set, maintain, cause or permit an open
air fire under or near telecommunication or power lines. |
$200.00 |
3.7 |
Set, maintain, cause or permit an open
air fire on or near roadways, having an adverse affect on visibility of
roadway |
$200.00 |
3.8 |
Set, maintain, cause or permit an open
air fire on Municipally owned property or Road Allowances |
$200.00 |
3.9(a) |
Fail to set, maintain, cause or permit
an open air burn in suitable weather and ground conditions |
$200.00 |
3.9(b) |
Fail to provide adequate and competent
supervision |
$200.00 |
3.9(e) |
Fail to provide sufficient means for
control and extinguishment |
$200.00 |
3.9(f) |
Fail to provide reliable and rapid
means of communication to contact emergency services |
$100.00 |
3.10 |
Set, maintain, cause or permit the
ignition and release of an ignited Flying Lantern |
$300.00 |
3.12 |
Set, maintain, cause or permit an open
air fire during a Fire Ban |
$500.00 |
3.13 |
Operate an incinerator |
$200.00 |
4.3(b) |
Fail to attend, maintain control and
supervise fire |
$200.00 |
4.3(c) |
Fail to provide a sufficient means for
control and extinguishment |
$200.00 |
4.3(d) |
Fail to ensure fire is extinguished |
$200.00 |
4.6 |
Conduct fire on any part of a
Multi-Unit Residential Building |
$300.00 |
5.1(a) |
Fail to burn during permitted time |
$150.00 |
5.1(b) |
Fire Pit exceeds permitted size |
$100.00 |
5.1(c) |
Flame height exceeds 1 metre in height |
$100.00 |
5.1(d) |
Fire is within 3 metres (9.75ft) to
combustible materials |
$150.00 |
5.1(e) |
Fail to attend, maintain control and
supervise fire |
$200.00 |
5.1(f) |
Fail to conduct a fire in a manner
that contains combustible solids like sparks or ash from escape |
$150.00 |
5.1(i) |
Fail to provide a sufficient means for
control and extinguishment |
$200.00 |
5.1(k) |
Set, maintain, cause or permit an open
air burn of prohibited materials not listed in Schedule “A” of this By-law |
$500.00 |
5.1(l) |
Fail to ensure fire is extinguished |
$200.00 |
6.1(b) |
Fire exceeds permitted size |
$150.00 |
6.1(c) |
Fire is within 5 metres (16.5ft) to
combustible materials |
$150.00 |
6.1(d) |
Fail to attend, maintain control and
supervise fire |
$200.00 |
6.1(e) |
Set, maintain, cause or permit an open
air fire on or near roadways, having an adverse affect on visibility of
roadway |
$200.00 |
6.1(f) |
Fail to conduct a fire in a manner
that protects adjacent properties from fire by-products |
$150.00 |
6.1(g) |
Fail to provide a sufficient means for
control and extinguishment |
$150.00 |
6.1(h) |
Fail to conduct a fire in a manner
that contains combustible solids like sparks or ash from escape |
$150.00 |
6.1(i) |
Set, maintain, cause or permit an open
air burn of prohibited materials not listed in Schedule “A” of this By-law |
$500.00 |
6.1(k) |
Fail to ensure fire is extinguished |
$200.00 |
6.2 |
Fail to provide notification of
Special/Public Event fire |
$150.00 |
7.1(b) |
Set, maintain, cause or permit an open
air burn of prohibited materials not listed in Schedule “A” of this By-law |
$500.00 |
7.1(c) |
Fail to attend, maintain control and
supervise fire |
$200.00 |
7.1(d) |
Fail to ensure fire is extinguished |
$200.00 |
7.1.(e) |
Fire is within 5 metres (16.5ft) to
combustible materials |
$150.00 |
7.1.(f) |
Set, maintain, cause or permit an open
air fire on or near roadways, having an adverse affect on visibility of
roadway |
$200.00 |
7.1(g) |
Pile exceeds permitted size or Piles
are too close to each other |
$150.00 |
7.1(h) |
Fire exceeds permitted area or length,
or height |
$150.00 |
7.1(i) |
Fail to conduct a fire in a manner
that protects adjacent properties from fire by-products |
$150.00 |
7.1(j) |
Fail to conduct a fire in a manner
that contains combustible solids like sparks or ash from escape |
$150.00 |
7.1(k) |
Fail to provide a sufficient means for
control and extinguishment |
$200.00 |
7.1(n) |
Fail to provide notification of burn
dates and times |
$75.00 |
8.1(b) |
Set, maintain, cause or permit an open
air burn of prohibited materials not listed in Schedule “A” of this By-law |
$300.00 |
8.1(c) |
Fail to attend, maintain control and
supervise fire |
$200.00 |
8.1(d) |
Fail to ensure fire is extinguished |
$200.00 |
8.1(e) |
Fire is within 5 metres (16.5ft) to
combustible materials |
$200.00 |
8.1(f) |
Set, maintain, cause or permit an open
air fire on or near roadways, having an adverse affect on visibility of
roadway |
$150.00 |
8.1(g) |
Pile exceeds permitted size or Piles
are too close to each other |
$150.00 |
8.1(h) |
Fire exceeds permitted area or length,
or height |
$150.00 |
8.1(j) |
Fail to conduct a fire in a manner
that protects adjacent properties from fire by-products |
$150.00 |
8.1(j) |
Fail to conduct a fire in a manner
that contains combustible solids like sparks or ash from escape |
$150.00 |
8.1(k) |
Fail to provide a sufficient means for
control and extinguishment |
$200.00 |
8.1(n) |
Fail to provide notification of burn
dates and times |
$75.00 |
9.3.(a) |
Fail to ensure required Liability
Insurance coverage |
$300.00 |
9.5 |
Fail to provide notification of burn dates,
ignition and extinguishment times. |
$200.00 |
10.5 |
Fail to burn in accordance with
additional conditions attached to permit |
$300.00 |
10.6 |
Fail to ensure permit or copy of
permit is on location of the burn site |
$100.00 |
10.7 |
Fail to produce permit at the request
of an Officer |
$100.00 |
10.8 |
Set, maintain, cause or permit an open
air fire under a revoked permit |
$350.00 |
11.2 |
Fail to permit Officer entry, to
inspect lands for compliance. |
$200.00 |
12.1 |
Hinder or Obstruct Officer in
performing duties of this by-law |
$200.00 |
12.2 |
Fail to provide identification upon
request of an Officer |
$200.00 |
11.4 |
Fail to extinguish fire on direction
of an Officer |
$500.00 |
17. |
Make a complaint about an Open Air
Fire that is false, frivolous or vexatious in nature |
$250.00 |
NOTE: The fees and charges as listed in
this Schedule of this by-law may be subject to Harmonized Sales Tax (H.S.T)
where applicable.
Only residents living in approved areas can obtain a permit. Permits are conditional and may be revoked at any time.
You may register online using this website, or you can call us at 905-899-3463, however you will need to pay for your permit online once your account has been created.
Please only burn wood, wood by-products (cardboard, paper etc.) or leaves.
If you want to have an open-air fire (bonfire, brush fire etc.) then yes, you need an approved permit. If you are having a campfire, or cooking a permit is not required.
If your burn permit was issued in 2019 (permit # 19-XXX) please call 905-899-3463. If your burn permit was issued in 2020 (#20-XXX) please call 1-844-905-2644.