Draft – BEING A BY-LAW TO REGULATE OPEN AIR BURNING

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.

New Burning Barrel” under this By-law means:

 Is a minimum of three (3) metres clearance from buildings