By-Law No. 11-2008 “A By-Law to Prescribe the Precautions and Conditions Under Which Fires May Be Set In Open Air”
WHEREAS Section 8(1) of the Municipal Act, S.O.
2001, c. 25, confers authority to municipalities to govern their
affairs as they consider appropriate;
AND WHEREAS Section 8(3) of the Municipal Act,
S.O. 2001, c.25, permits a municipality to pass by-laws to regulate
or prohibit and to provide for a system of licenses, permits,
approvals or registrations and impose conditions;
AND WHEREAS Section 128 of the Municipal Act,
S.O. 2001, c. 25, authorizes a local municipality to prohibit and
regulate with respect to public nuisances;
AND WHEREAS Section 129 of the Municipal Act,
S.O. 2001, c. 25, authorizes a local municipality to prohibit and
regulate with respect to odours;
AND WHEREAS Section 425 of the Municipal Act,
S.O. 2001, c. 25, authorizes the municipality to create ofences and
Section 429 of the Municipal Act, S.O. 2001, c. 25, authorizes the
municipality to establish fines;
AND WHEREAS Section 446 of the Municipal Act,
S.O. 2001, c. 25, permits the municipality to cause remedial action
and recover the costs of so doing;
AND WHEREAS Section 2.6.3.4 of the Ontario Fire
Code (O.Reg.388/97) reaffirms 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 a barbeque;
NOW THEREFORE the Council of the Corporation of
the Town of Prescott hereby enacts as follows:
1. DEFINITIONS
For the purpose of this by-law,
a) "Adverse Effect" means one or more of:
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 any 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) "By-law Enforcement Officer" shall mean an individual
designated by Council to enforce the by-laws of the Corporation of
the Town of Prescott
c) "Council" shall mean the elected Council of the Corporation
of the Town of Prescott;
d) "Dangerous Condition" means:
i) a lack of precipitation which, in the opinion of the
Fire Chief increases the risk of the spread of fire;
ii) winds which in the opinion of the Fire Chief increases
the risk of spread of fire; or
iii) any other condition declared by the Fire Chief to be a
dangerous condition from time to time, which increases the risk of
the spread of fire;
e) "Household Waste" means combustible material such as
plastics, polyethylene terephalate (PET), paints, oils, solvents,
rubber, insulation, batteries, acids, polystyrenes (Styrofoam),
pressure treated or painted lumber, tires, upholstered furniture,
synthetic fabrics, diapers and hazardous wastes as defined in the
Environmental Protection Act and all other similar and like
materials but shall not include untreated wood and wood fibre
products such as unlaminated paper and cardboard and boxboard,
brush and leaves;
f) "Fire Chief" means the Fire Chief of the Prescott Fire
Department or his/her designate;
g) "Municipality" shall mean the Corporation of the Town
of Prescott;
h) "No Open Burning Area" includes all properties other than
Town-owned land as identified in Schedule 'A' of this by-law;
i) "Open Burning" shall mean the ignition and incineration by
fire of combustible materials except that related to barbeque
cooking and small, contained heating appliances as further defined
in Schedule 'B ' to this by-law;
j) "Open Burning With Permission Area" includes all
properties as identified in Schedule 'A' of this by-law;
k) "Permission" shall mean the explicit approval, verbally
or in writing, provided in advance by the Fire Chief of the
Prescott Fire Department or his/her designate;
l) "Person" means any individual, association, firm,
partnership, corporation, agent or trustee and their heirs,
executors, or other legal representatives thereof;
m) "Prohibited Materials" includes Household Waste, rubber or
rubber products, plastic or plastic products, and waste petroleum
products and any material or materials which are prohibited by the
Environmental Protection Act, R.S.O. 1990, Chapter E.19, as
amended.
n) "Small" shall generally mean of no greater size than
required for cooking or the immediate enjoyment for heat and this
relative term shall be defined at the scene by the By-law Officer,
Fire Chief or OPP Officer attending using his/her discretion with
regard to relative location and safety factors.
o) "Yard Waste" includes branches, brush, leaves or
grass.
2. That this by-law shall apply to the whole of the lands within
the municipal boundaries of the Town of Prescott; further divided
into a "No Burning Area" and a "Burning With Permission Area" as
identified in Schedule 'A' to this by-law.
3. That no fire shall be deliberately set for the purposes
of burning yard waste or any other materials without the owner or
occupant of the lands on which the grass, brush or other materials
are to be burned first obtaining permission from the Fire
Chief.
4. No Burning Area
a) Notwithstanding Section 3, no permission will be provided for
any property within the area defined as a "No Open Burning Area" in
Schedule 'A' to this by-law.
b) Only small, confined fires used for the purpose of cooking,
and supervised at all times, or small approved containers as
further defined in Schedule 'B' of this by-law shall be permitted
within the area defined as a "No Open Burning Area" may occur
without the permission of the Fire Chief.
c) No fires referred to in Section 4.b) shall burn
any Prohibited Materials.
d) No permission shall be required for domestic barbeques
or permanent outdoor fireplaces used solely for the purpose of
cooking of food on a grill and extinguished immediately upon
completion of the cooking process.
5. Properties in the "Open Burning With Permission Area"
must obtain the permission of the Fire Chief prior to burning
and no person shall set or maintain a fire:
a) 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;
b) containing Prohibited Materials;
c) in any park or other property owned or operated by the
Municipality without the written permission of the
Municipality;
d) in the front or side yard of any Commercially or Industrially
Zoned property within the Municipality;
e) at a distance less than fifteen (15) metres (49.2 feet) from
any building, structure, hedge, fence, vehicular roadway of any
kind or nature, or overhead wiring or any property line;
f) at a distance of less than five (5) metres (16.4 feet) from
any object or material which has the potential to ignite;
g) unless the Person to whom the permission has been issued or
such other Person as may be designated, is in attendance at the
fire in a responsible and supervisory capacity at all times until
such fire has been completely extinguished;
6. The Fire Chief may deny any request for permission or revoke
permission for open burning if:
a) the site of the fire does not conform with Section 4 of this
by-law
b) the property owner or occupant has violated this by-law in
the past and/or if the Fire Chief has reasonable cause to believe
the conditions of Section 4 of this by-law will not be
respected
c) the Fire Chief believes that a Dangerous Condition exists
7. Notwithstanding permission of the Fire Chief, open
burning shall be extinguished when:
a) the wind is in such a direction or intensity to cause
any or all of the following:
- the possible spread of the fire beyond the approved burn
site;
- a decrease in the visibility on any highway or roadway;
- any odour to such an extent or degree so as to cause
discomfort to the persons in the immediate areas;
- excessive smoke or any other Adverse Effect.
b) rain or fog is present or weather conditions prevent
the ready dispersion of smoke.
8 Adminstration and
Enforcement:
a) This by-law shall be administered and enforced by the By-Law
Enforcement Officer of the Town of Prescott, the Ontario Provincial
Police as per their contract with the Municipality, or the Fire
Chief.
b) Every person who contravenes any provision of this by-law is
guilty of an offence and upon conviction is liable to a fine of not
more than $5,000 pursuant to the provisions of the Provincial
Offences Act, R.S.O. 1990, c. P.33 as amended.
c) In the event that a fire started in grass, brush or other
materials burns out of control and requires the assistance of fire
fighting or fire protection services of the Town of Prescott or any
other municipality, then all costs in connection with providing
this assistance shall be borne by the assessed owner of the
property subject to the fire either deliberately set or otherwise
ignited.
d) The Municipality may, in default of the owner failing to pay
the costs described in Section 8.c) of this by-law, pay the cost on
his or her behalf and may recover the costs incurred in like manner
as municipal taxes.
9. That this by-law shall come into force and effect immediately
upon the day of final passing thereof.
Read a first and second time this 5th day of May, 2008.
Read a third and final time and passed this 20th day of May,
2008.
Schedule 'A' to By-law 11-2008 - Please click on Schedule
'A' to view document
Schedule 'B' to By-law 11-2008 - Please click
on Schedule 'B' to view document