By-Law To Regulate Open Air Burning

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THE CORPORATION OF THE MUNICIPALITY

MORRIS-TURNBERRY

BY-LAW NUMBER 38-2015

BEING A BY-LAW TO REGULATE OPEN AIR BURNING

WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, Section7(1)1(a)(b),

as amended states that a council of a municipality may pass by-laws regulating fire

prevention, including the prevention of the spreading of fires, and regulating the setting of

open air fires, including establishing the times during which open air fires may be set;

AND WHEREAS Section 2.6.3.4 of the Ontario Fire Code provides for the prohibition of

open air burning unless approved or unless such open air burning consists of a small

contained fire which is supervised at all times, and used to cook food on a grill or a barbeque;

AND WHEREAS Section 8 of the Municipal Act, 2001 S.O. 2001 c. 25 as amended, states

that; ‘Powers of a natural person – A Municipality has the capacity, rights, powers and privileges

of a natural person for the purpose of exercising its authority under this or any other Act’;

AND WHEREAS the Council of the Municipality of Morris-Turnberry deems it appropriate to

enact a by-law to regulate open air burning;

NOW THEREFORE the Council of the Municipality of Morris-Turnberry, hereby enacts

as follows:

1. DEFINITIONS:

“Acceptable Burn Material” means commercially produced charcoal or briquettes, small

amounts of white or brown paper or cardboard used to start a fire, dry seasoned wood that

has been generated on the landowners own property, dry wood by-products that have not

been chemically treated, painted or stained, purchased fire logs or purchased firewood sold for

the purpose of recreational campfires and not exceeding the maximum permitted Recreational

Fire dimensions defined in this By-Law.

“Cooking Fire” means a small, confined fire supervised at all times and used to cook food on

a grill or barbeque.

“High Risk Period” means any period of time, when due to extreme dry, high wind or

other conditions, there is a higher than normal risk of unwanted spread of fire, as determined

by the Ontario Fire Marshal or the Fire Chief/ Chief Fire Official, and identified as a High Risk

Period.

“Fire Chief” means the Chief Fire Official of the Municipality of Morris-Turnberry & North

Huron, Contracted Fire Chief/ Chief Fire Official, or their designate.

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“Open Air Burning” means a fire set in the Open Air.

“Open Fire” means any open fire other than that defined as a “Cooking Fire” or

“Recreational Fire” under this By-Law.

“Poor Air Quality Day” means any period of time when a Poor Air Quality Advisory has been

issued by Environment Canada or other recognized government health or

meteorological agency.

“Prohibited Burn Materials” means any material other than as described under

“Acceptable Burn Materials.” Specifically prohibited under this By-Law and not to be

burned under any circumstances include household waste, human or animal excrement,

leaves, grass, treated lumber, insulation, asphalt shingles or other construction materials,

commercial by-products such as those generated from wood working, deck-building or

landscaping businesses, tires, rubber, plastic, styrofoam, petroleum or other potentially toxic

waste materials.

“Recreational Fire” means a small outdoor fire such as a campfire set within a confined

area or device such as an outdoor fireplace or fire pit, situated in a “Safe Location” and

measuring no more than 0.70 metres (27”) in any dimension and supervised at all times.

“Safe Location” means outdoors and not on a porch or balcony area that is roofed

or otherwise covered, or near dry vegetation, or in any other place conducive to unwanted

development or spread of fire or explosion, or supported by combustible material. The Safe

Location shall be a minimum of 5 metres from any structure and a minimum of 5 metres from

adjacent property lines. The property line setbacks for a safe location do not apply to

campgrounds.

2. GENERAL PROVISIONS:

1) No person shall set or maintain a fire in contravention of the Ontario Fire Code, the

Environmental Protection Act R.S.O. 1990, Chapter E. 19, or any other statutory

requirements of the Province of Ontario.

2) No person shall set a Recreational Fire or an Open Fire during a period identified as

a

Poor Air Quality Day, High Risk Period, or during a fire ban declared by the Fire Chief.

3) No person shall set a Recreational Fire or an Open Fire so as to have smoke or

debris interfere with vehicular traffic or otherwise pose a safety hazard on a public

roadway.

4) No person shall set a Recreational Fire or an Open Fire if the wind conditions or the

quality of the burn restricts neighbours from enjoyment of the normal use of

their property or causes discomfort to persons in the immediate area.

5) Cooking Fires and Recreational Fires shall be permitted, provided; every person

who sets a cooking or recreational fire shall comply with the following regulations:

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a) The fire must be set in a Safe Location, on the landowners own property

and contained within an appropriate device;

b) The fire must be fueled only with Acceptable Burn Materials;

c) The fire must be supervised at all times;

d) Effective means of extinguishment must be readily available, and;

e) The fire must be fully extinguished before being left unsupervised.

6) No person shall set fires for training purposes or fire extinguisher safety

demonstrations, without the prior approval of the Fire Chief/Chief Fire Official

7) No person shall burn anything defined as Prohibited Material.

8) Open Fires are prohibited in all Urban areas

9) Open Fires set to eliminate Acceptable Burn materials within unrestricted areas are

permitted and every person who sets an Open Fire shall comply with the following

regulations:

a) Contact the Fire Chief / Chief Fire Official 90 minutes or greater prior to starting an

Open Fire. Notification is not required for Cooking Fires or Recreational Fires as

defined in this By-Law; Contact the Fire Chief/ Chief Fire Official once extinguished;

b) Open fires must be confined to daylight hours;

c) Open fires must be set on the landowners own property;

d) Open fires must be fueled only with Acceptable Burn Materials;

e) Open fires must be supervised at all times;

f) Effective means of extinguishment must be readily available;

g) Open fires must be fully extinguished before being left unsupervised,

h) Acceptable burn material must be generated on the landowner property.

i) No person shall locate, permit or allow an Open Fire to be located less than

15 meters from any building, structure, property line, tree, hedge, fence, roadway,

overhead wire or other combustible article.

j) No person shall release Floating lanterns which have an open flame;

k) No person shall harass, obstruct or interfere with anyone authorized or delegated

authority to enforce by-law or extinguish fires.

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10) Open air fires for religious, civic or ceremonial purposes are allowed within urban

areas as established in the current Morris-Turnberry Official Plan and shall require a

burn permit issued by the Fire Chief/Chief Fire Official, subject to any terms and

conditions imposed by the Fire Chief/Chief Fire Official.

3. AGRICULTURAL LANDS:

11) A person may conduct an Open Fire if it is part of a normal farm practice carried on as

part of an agricultural operation, as those defined in the Farming and Food Production Act,

1998, S.O. 1998 c.1, on lands zoned for agricultural use, and subject to the conditions set

out as follows;

a) Contact the Fire Chief/Chief Fire Official prior to starting an Open Fire;

b) Open fires must be confined to daylight hours;

c) Open fires must be set on the landowners own property;

d) Open fires must be supervised at all times;

e) Open fires must be fully extinguished before being left unsupervised, and

f) No person shall locate, permit or allow an Open Fire to be located less than

15 meters from any building, structure, overhead wire or other combustible article.

g) No Open fire may include Prohibited Materials as defined in this bylaw

h) No person shall harass, obstruct or interfere with anyone authorized or delegated

authority to enforce by-law or extinguish fires

I) No person shall set a an Open Fire so as to have smoke or debris interfere with

vehicular traffic or otherwise pose a safety hazard on a public roadway

4. LIABILITY:

The following Liability provisions shall apply to all Open Air Burning within the Municipality

of Morris-Turnberry:

Where Open Air Burning is permitted under this By-Law, any person who starts a fire

shall:

a) Take all reasonable steps to keep the fire under control including

continuous supervision and ready access to effective means of

extinguishment;

b) Extinguish the fire before leaving the site of the fire;

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c) Be responsible for any damage to property or injury to persons that may result

from the said fire, and

d) Be liable for costs incurred by the Municipality of Morris-Turnberry, including

administration, personnel, equipment and apparatus necessarily called to

investigate, respond or extinguish said fire.

Any person who contravenes any provision of this By-law is guilty of an offence and is

liable to a fine not exceeding $5,000.00 under the Provincial Offences Act; and may also

be liable for costs established under the By-Law to Establish Fees.

5. ENFORCEMENT:

This By-law shall be enforced by the Fire Department, Provincial Offences Officers,

Police, Municipal Law Enforcement Officers, Assistants to the Ontario Fire Marshal, or

such other persons as Council may designate.

6. PROVINCIAL LEGISLATION:

Nothing in this By-Law shall supersede or waive the requirements of any

Provincial Legislation and/or Regulation.

7. BY-LAWS REPEALED:

By-Law Number 7-2001 is hereby rescinded and repealed.

8. FORCE AND EFFECT:

This By-Law shall come into full force and effect upon third and final reading.

READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED

on this 2nd day of June, 2015.

______________________________

Paul Gowing- Mayor

______________________________

Nancy Michie- Administrator Clerk-Treasurer

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