Open-Air Fire Burning By-law

I. Definitions and Administration

Definitions

1.  THAT for the purposes of this By-law:

a.  “Applicant” means a person who makes application to the Fire Department for permission to hold an open-air fire;

b.  “Barbecue” means an appliance, 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 for the cooking of food in the open air, but does not include devices predominantly designed for personal warmth or decoration such as a chiminea or outdoor fireplace, fire burn areas or campfires;

c.  “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;

d.  “Campfire” means a fire area no larger than 76cm or 30” in diameter in a Campground;

e.  “Campground” means an established and organized seasonal tourist camp and/or a trailer camp consisting of tents, cabins, travel trailers and/or park model trailers;

f.  “County” shall mean the Corporation of Haldimand County;

g.  “Fire Chief” shall mean the Fire Chief for the Corporation of Haldimand County or designate;

h.  “Fire Department” shall for the purposes of this by-law mean the full-time paid staff of the Haldimand County Fire Department;

i.  “Municipal By-law Enforcement Officer” means a by-law enforcement officer appointed by Haldimand County Council or a member of the Haldimand County Fire Department that has been appointed by Council as a by-law enforcement officer for the purposes of enforcing this by-law;

j.  “Non-Recreational Open-Air Fire” means any open-air fire that is not conducted for recreational purposes and includes but is not limited to fires that take place on agricultural property;

k.  “Open-Air Fire” shall mean the burning of any material, including without limiting the generality of the foregoing, wood, cardboard, brush or garden waste where the flame is not wholly contained and is, thereby, open to the air.

l.  “Open Air Fire Device” means a commercially manufactured or homemade device for the purpose of containing a recreational fire including but not limited to chimineas or outdoor fireplaces;

m.  “Permit” means an open-air fire burn permit issued annually (calendar year) by Haldimand County in accordance with the provisions of this By-law;

n.  “Person” means and includes an individual, firm, corporation, association or partnership and includes an occupant or owner of a premise;

o.  “Recreational Open Air Fire” shall mean a small, contained recreational fire associated with the use of open-air fire devices or fire burn areas specifically designed for recreational open-air fires;

p.  “Rural Area” shall mean all areas outside the urban or hamlet boundaries as defined in a County’s zoning by-law;

Administration

2.  THAT the Fire Chief shall be responsible for the administration of this by-law.

Fire Services – Exempt

3.  THAT the Haldimand County Fire Department shall be exempt from the provisions of this By-law with respect to any open-air fire set for the purposes of education and training.

II. General Provision

4.  THAT no person shall conduct or permit an open-air fire within the boundaries of Haldimand County unless approved by the Fire Chief.

5.  THAT no person shall conduct or permit to be conducted any open-air fire within the boundaries of Haldimand County except in accordance with the provisions of this by-law.

III. Regulations Regarding Recreational Open-Air Fires

Liable for Cost

24.  THAT where,

1. an owner or occupant of a premise fails to extinguish a recreational open-air fire in accordance with a direction by the County;
2. a recreational fire occurs, not in accordance with this by-law; or
3. no owner or occupant is present on-site

the County may extinguish the fire and any or all costs associated with the County’s efforts to extinguish the fire shall be the responsibility of the owner or occupant of the premise upon which the open-air fire is located in accordance with the Haldimand County user fees and service charges by-law as amended from time to time.

IV. Rural Area Non-Recreational Open-Air Fire

Permit – Non-Recreational Open-Air Fire

15.  THAT no permit shall be issued to any person permitting the conduct of a non- recreational open-air fire on any property where the zoning for that property is not a permitted zoning category as set out in Schedule “B” hereto, except where County approval of an open-air burn in a non-permitted zoning category has been attained by submitting a clearly marked site plan detailing the location of the burn and the dimensions of the property and where all regulations of this by-law, including setbacks, are met.

26.  THAT every person wishing to conduct a non-recreational open-air fire pursuant to the provisions of this by-law shall file:

1. a completed application prior to the open-air burn, in the form provided by the Fire Department;
2. the fee prescribed by the Haldimand County user fees and service charges by-law as amended from time to time.

27.  THAT the Fire Department may issue a permit to allow a non-recreational open-air fire to re-occur over an extended period of time.

28.  THAT the Fire Department may issue a permit to allow a burn area in excess of the burn area permitted by this by-law.

29.  THAT it is the condition of every permit issued under this by-law that the applicant has read, understood and agrees to comply with the provisions of this by-law.

Regulations – Non-Recreational Open-Air Fire

30.  THAT every person conducting a rural non-recreational open-air fire shall ensure that the permit issued under this by-law is readily available on-site and shall produce same if requested by a municipal by-law enforcement officer.

31.  THAT no person shall conduct or cause to be kindled any non-recreational open-air fire before sunrise or after sunset.

32.  THAT every person shall ensure that no materials other than dry clean brush or other clean dry natural vegetation are used in a non-recreational open-air fire, save and except specific materials expressly approved by the Fire Department. Notwithstanding the provisions of this section, asphalt, vinyl, tires, asbestos, wood treated with creosote or pressure treated woods shall, under no circumstances, be used in a non-recreational open-air fire.

33.  THAT every person conducting a non-recreational open-air fire shall ensure that non-recreational open-air fires are attended, controlled and supervised at all times and shall be completely extinguished before the burn site is vacated.

34.  THAT every person shall ensure that non-recreational open-air fires are not conducted during rainy or foggy weather or on humidex or air quality alert days as declared by the Ministry of Environment for Ontario or any successor and relevant Ministry or during a burn ban issued by the fire chief as per section 41 of this by-law.

35.  THAT every person shall ensure that non-recreational open-air fires are not conducted when the wind speed exceeds 20 km per hour or when wind direction is frequently changing.

36.  THAT every person shall ensure that a non-recreational open-air fire is confined to an area which is at least 60 meters from any building, highway, road or wooded area and shall be clear of any overhead objects (i.e. wires).

37.  THAT every person conducting a non-recreational open-air fire shall ensure that it is conducted within a burn area of a manageable size not exceeding 6 meters x 6 meters.

38.  THAT every person shall ensure that steps are taken to ensure that smoke caused by a non-recreational open-air fire does not have a negative impact on the visibility of motorists using highways in the vicinity of the non-recreational open-air fire or upon the owner(s) or occupant(s) of the surrounding properties.

Response to Complaints

39.  THAT any person who conducts a non-recreational open-air fire in contravention of the provisions of this by-law may be requested to immediately extinguish the fire.

Liable for Cost

40.  THAT where,

1. an owner or occupant of a premise fails to extinguish a non-recreational open-air fire in accordance with a direction by the County;
2. a non-recreational fire occurs, not in accordance to this by-law; or
3. no owner or occupant is present on the site,

the County may extinguish the fire and any or all costs associated with the County’s efforts to extinguish the fire shall be the responsibility of the owner or occupant of the premise upon which the open-air fire is located in accordance with the Haldimand County user fees and service charges by-law as amended from time to time.

V. Enforcement

41.  THAT the Fire Department and Municipal By-law Enforcement Officers shall have the right to enter at all reasonable times upon any property in order to ascertain whether this By-law is being contravened, and to enforce or carry into effect the bylaw.

42.  THAT every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to the penalties prescribed under the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended.

43.  THAT no person shall hinder or obstruct a municipal by-law enforcement officer from carrying out an inspection of lands in order to determine compliance with this by-law.

Fire Ban

44.  THAT nothing in this by-law prohibits the Fire Chief from issuing a ban on any or all Open-Air Fires or from suspending, without recourse, any or all burn Permits.

45.  THAT nothing in this by-law prohibits the Fire Chief from extinguishing any or all open-air fires (whether permitted or exempt) until such time as conditions exist, to the satisfaction of the Fire Chief, to allow the open-air fire to continue.

VI. Recovery of Costs

Prohibited Open Air Fire – Repeated

46.  THAT every person who conducts an open-air burn in contravention of this by-law shall, with respect to a second or subsequent prohibited open-air burn, be responsible for any and all costs incurred by the Haldimand County Fire Department in responding to the prohibited open-air burn as per the Haldimand County user fees and service charges by-law as amended from time to time.

Causing False Response

47.  THAT every person who, alleging a contravention of this by-law, falsely notifies Haldimand County of a prohibited open-air fire is responsible for any and all costs incurred by Haldimand County in respect of a response to a second or subsequent false notification as per the Haldimand County user fees and service charges by-law as amended from time to time.

Default – Collection of Costs

48.  THAT the County 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, all of which is in accordance with of the Municipal Act, 2001, S.O. 2001, c.25, as amended.

VII. General Provisions

Severability

49.  THAT if any section or sections of this by-law or parts thereof shall be found by any court to be illegal or beyond the power of Municipal Council of the Corporation of Haldimand County 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 therefrom and shall continue in full force and effect, unless and until similarly found and this by-law shall be enacted as such.

Short Title

50.  THAT the short title of this by-law shall be “The Open Air Fire Burning By-Law”.

Effective Date

51.  THAT this by-law shall come into force and effect on its final passage thereof.

52.  THAT the schedules attached to this by-law form part of the by-law

VIII. Repeal of Former By-laws

53.  THAT By-law No. 1021/09, as amended be hereby repealed.