Township of North Stormont

By-Laws

Fire Control By-Law

By-Law No. 028-07

A By-Law To Regulate The Setting Of Fires In The Open Air Within The Township Of North Stormont

BEING a By-law for the Corporation of the Township of North Stormont to regulate the setting of fires in the Township of North Stormont.

WHEREAS the Fire Protection and Prevention Act, S.O. 1997, Chapter 4, Section 7.1, provides that the 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;

WHEREAS Section 10 (2) (6) of the Municipal Act, 2001, as amended provides that a municipality may pass by-laws related to the health, safety and well-being of persons;

NOW THEREFORE the council of the Corporation of the Township of North Stormont hereby enacts a follow:

1. DEFINITIONS:
   1. "Corporation" means the Corporation of the Township of North Stormont;
   2. "Council" means the Council of the Corporation of the Township of North Stormont;
   3. "Eligible Farmers" means farmers who are members in good standing of the Ontario Federation of Agriculture, The National Farmers' Union, The Christian Farmers' Association, or any other valid farming organization;
   4. "Fire Chief" means the Fire Chief of the Township as appointed by Council or his/her duly authorized representative;
   5. "Officer" means the Fire Chief, District Chiefs and/or Assistant to the Fire Marshall of the North Stormont Fire Services or any By-law Enforcement Officer, as appointed by Council;
   6. "Open Air Burning" and "Open Air Burn" means a fire set by any Person within the boundaries of the Township of North Stormont, but does not include small confined fires for the purposes of cooking food on a grill or barbeque or "Recreational Fires";
   7. "Open Air Burning Permit" means a written authority to set, start or maintain a controlled burn;
   8. "Persons" includes a natural person or his/her legal representative, a corporation, partnership or other form of business association, and a receiver or mortgage in possession;
   9. "Recrational Fires" means the burning of clean dry seasoned firewood for cooking, heating, enjoyment, religious ceremonies or similar purposes.

REQUIREMENTS FOR OPEN AIR BURNING

2. No person shall conduct, or allow to be conducted on lands owned or occupied by such Person, any Open Air Burning within the Township without having first obtained an Open Air Burning Permit issued by the Fire Chief in the form attached as Schedule "B" hereto.
3. Prior to the issuance of an Open Air Burning Permit, the applicant therefore shall:
   1. Pay the fees prescribed in respect of such Open Air Burning Permit as per Schedule "D" hereto;
      
      
   2. Allow the lands upon which Open Air Burning is proposed to be conducted to be visited by an Officer or Officers in order to determine the suitability of such lands for an Open Air Burning Permit, and;
      
      
   3. Sign the Open Air Burning Permit.
      
      
4. Any Person who has been issued an Open Air Permit must contact the North Stormont Fire Dispatch between 8:30 and 16:30 each time such Person intends to conduct an Open Air Burn. The Open Air Permit will be valid until December 31 of the current year, after which it must be reactivated. The Open Air Burning Permit number shall be referenced when requesting approval to activate and burn.
5. The Fire Chief may revoke any Open Air Burning Permit at any time.
6. The Fire Chief may refuse to allow Open Air Burning when a Fire Ban has been declared, or when, in the opinion of the Fire Chief, it is not in the interest of public safety to allow Open Air Burning or issue an Open Air Burning Permit.
7. No Person shall conduct, or allow to be conducted on lands owned or occupied by such Person, an Open Air Burning within the Township unless the Open Air Burning Safe practices set out in Parts A and B of Schedule "A" hereto are complied with.
8. Notwithstanding Section 7, the Fire Chief may provide written relief from the Open Air Burning Safe Practices as set out in Part A and B of Schedule "A" hereto.
9. All Persons conducting an Open Air Burn in the Township of North Stormont shall:

1. Be responsible for any damage to property or injury to persons occasioned by said fire; and
2. Be liable for costs incurred by the North Stormont Fire Services on account of personnel, equipment and apparatus, called to extinguish said fire in the event of non-compliance with any provision of this by-law, which cost may be recovered by the Township in the same manner as municipal taxes.
   
   

OPEN AIR BURNING BANS

10. The Fire Chief may declare an Open Air Bruning Ban at any time when in his opinion it is in the interest of public safety to do so.
    
    
11. Notwithstanding Section 11, the Fire Chief, when satisfied of the need, may authorize an Open Air Burn during the time period when an Open Air Burning ban has been imposed.
    
    

RESTRICTED OPEN AIR BURNING AREAS

12. The Fire Chief may prohibit Open Air Burning in designated built-up areas of the Township.
    
    
13. Open Air Burning is not permitted during construction within any subdivision or on any construction site within the Township.
    
    
14. Open Air Burning Permits will not be issued in respect of Open Air Burning proposed to be conducted on parcels of land having an area of less than one (1) acre .40 ha.).
    
    
15. Notwithstanding Sections 12, 13 and 14 of this by-law, an Open Air Burning Permit may be issued by the Fire Chief when satisfied of the needs and circumstances.
    
    

REQUIREMENTS FOR RECREATIONAL FIRES

16. No person shall conduct, or allow to be conducted on lands owned or occupied by such Person, any Recreational Fires within the Township unless the conditions set out in Part C of Schedule "A" hereto are complied with.
    
    
17. Notwithstanding Section 12 of this By-law, Recreational Fires are permitted anywhere in the Township subject to the Recreational Fire Conditions set out in Part C of Schedule "A" hereto.
    
    

OFFENCES

18. Any Person who contravenes any provision of this by-law is guilty of an offence and upon conviction is subject to a penalty pursuant to the Provincial Offences Act.
    
    
19. In the event of a contravention of any provision of this By-law, the Township, in addition to any other remedies it may have at law, may enter upon the lands upon which such contravention took place and do such work as is necessary to rectify same, and all expenses incurred in connection therewith shall be recoverable from the owner of the said lands by action or in the same manner as municipal taxes.
    
    

MISCELLANEOUS

20. If a court of competent jurisdiction finds any provision of this By-law to be invalid for any reason, such provision shall be severable from the remainder of this By-law, and such finding shall not invalidate any other provision hereof.
    
    
21. If any provisions of this by-law are inconsistent with the FIre Protection and Prevention Act, the Ontario Fire Code, the Forest Fire Prevention Act, the Environmental Protection Act or any other Federal or Provincial Act or regulation, the provision of the applicable Act or regulation shall take priority.
    
    
22. In this By-law, unless the context otherwise requires, words importing the singular number shall include the plural, words importing masculine gender shall include the feminine, and words importing the feminine shall include the masculine.
    
    
23. This By-law is not to be construed at any time in such fashion as to hold the Corporation of its Officers liable for failing to ensure that Persons comply with the provision of this By-law.
    
    
24. Schedules "A", "B", "C", "D" and "E" shall form part of this By-law.
    
    

REPEAL

BY-LAW #028-07
SCHEDULE "A"

A. Open Air Burning on parcels of land having an area of not less than 1 acre (.40 ha.).

1. Open Air Burning must occur between sunrise and sunset only.
   
2. Prior to igniting the fire, the Permit holder must call the North Stormont Fire Dispatch between 8:30 and 4:30 in order to activate the Permit. The Permit must be on site and available for inspection at all times.
   
3. A responsible party of legal age must be in attendance at all times during the Open Air Burn, and must supervise burn until it is completely extinguished.
   
4. A telephone number where the responsible party, referred in paragraph 3, can be reached must be provided.
   
5. The responsible party referred in paragraph 3 shall be equipped with sufficient water and tools to control and/or extinguish the fire and must have a means of contacting the North Stormont Fire Services in case of emergency.
   
6. The Open Air Burn shall not be permitted when an Air Quality Advisory has been issued, when the wind speed exceeds 20 kph, when the wind direction is changing frequently or when the burn decreases visibility on any highway or roadway.
   
7. Only clean dry brush, wood products and natural organic material may be burned.
   
8. Petroleum products, plastics, rubber, painted lumber, pressure treated or creosote treated lumber, domestic, industrial and agricultural waste, animal carcasses or any other material that will cause excessive smoke or noxious fumes must not be mixed with or contaminate the wood or brush that may be burned. (Schedule D/Environmental Protection Act, Section 14).
   
9. No Person shall set or maintain a fire at a distance of less that fifteen metres (15m) from any building, hedge, fence, roadway, overhead wires or obstruction of any kind of nature whatsoever.
   
10. No Person shall set an uncontained fire such as a grass fire.
    
11. Material to be burned shall not be more than 2 cubic metres and must be contained within a non combustible container or fire pit to prevent the spread of fire.
    
12. Open Air burning shall not be permitted if it causes smoke or odour to such an extent as to cause discomfort to persons residing in the immediate area.
    
13. Open Air Fires shall be prohibited when an Open Air Burning Ban has been declared by the Fire Chief.
    
14. Open Air Burning Permit holders must ensure that Officers have full access to the land upon which the Open Air Burn is conducted at all times during the activation of the Permit.
    

BY-LAW #028-07
SCHEDULE "A"

B. Open Air Burning for Eligible Farmers




The following conditions apply to farming operations only and will be used to regulate the burning of large piles, (greater than 2 cubic metres), arranged during land clearing operations. Permits are valid for the calendar year issued.

Safe Pratices


1. Open Air Burning must occur between sunrise and sunset only.
   
2. Prior to igniting the fire, the Permit holder must call the North Stormont Fire Dispatch between 8:30 and 16:30 in order to activate the Permit. The permit must be on site and available for inspection at all times.
   
3. A responsible party of legal age must be in attendance at all times during the Open Air Burn, and must supervise burn until it is completely extinguished.
   
4. A telephone number where the responsible party, referred in paragraph 3, can be reached must be provided.
   
5. The responsible party referred in paragraph 3 shall be equipped with sufficient water and/or mechanical equipment to control and/or extinguish the fire and must have a means of contacting the North Stormont Fire Services in case of emergency. Equipment must be on site while burning is carried out. (i.e.: front loader, backhoe, shovel)
   
6. The Open Air Burn shall not be permitted when an Air Quality Advisory has been issued, when the wind speed exceeds 20 kph, when the wind direction is changing frequently or when the burn decreases visibility on any highway or roadway.
   
7. Only clean dry brush, wood products and natural organic material may be burned.
   
8. Petroleum products, plastics, rubber, painted lumber, pressure treated or creosote treated lumber, domestic, industrial and agricultural waste, animal carcasses or any other material that will cause excessive smoke or noxious fumes must not be mixed with or contaminate the wood or brush that may be burned. (Schedule D/Environmental Protection Act, Section 14).
   
9. No Person shall set or maintain a fire at a distance of less that ninety metres (300 feet) from any building, hedge, fence, roadway, overhead wires or obstruction of any kind.
   
10. Piled material to be burned is more than 2 cubic metres and must be piled in a tilled or bare field free of vegetation and combustible materials.
    
11. A minimum distance of 10m must be maintained between piles.
    
12. No more than three (3) piles can be burned at a single time.
    
13. All fires are to be completely extinguished at the end of each working/burning day.
    
14. Open Air burning shall not be permitted if it causes smoke or odour to such an extent as to cause discomfort to persons residing in the immediate area.
    
15. Open Air Burning Permit holders must ensure that Officers have full access to the land upon which the Open Burn is conducted at all times during the activation of the Permit.
    

BY-LAW #028-07
SCHEDULE "A"

C. Recreational Fires




Permits are not required for Recreational Fires but the following conditions must be complied with:

1. Fires must not exceed .75m (2 1/2 feet) in diameter and .75m (2 1/2 feet) in height and must be contained within a non combustible container or fire pits to prevent the spread of fire.
   
2. No material other than commercially produced fire logs, charcoal, briquettes, wood chips or clean, dry seasoned wood may be burned.
   
3. The size of the material shall not be greater than the size of the container or fire pit and shall be totally confined within the container or fire pit at all times.
   
4. Petroleum products, plastics, rubber, painted lumber, pressure treated or creosote treated lumber, domestic, industrial and agricultural waste, animal carcasses or any other material that will cause excessive smoke or noxious fumes must not be mixed with or contaminate the wood or brush that may be burned. (Schedule D/Environmental Protection Act, Section 14).
   
5. A recreational Fire must be supervised by a competent person at all times until it is completely extinguished.
   
6. There must be present and in close proximity adequate means to extinguish the fire.
   
7. The Open Air Burn shall not be permitted when an Air Quality Advisory has been issued, when the wind speed exceeds 20 kph, when the wind direction is changing frequently or when the burn decreases visibility on any highway or roadway.
   
8. No Person shall set or maintain a fire within ten metres (10m) of combustible material and within five metres (5m) of the property lines.
   
9. Recreational Fires are prohibited during construction within any subdivision or on any construction site within the Township.
   
10. Recreational Fires that emit excessive amount of smoke or sparks or create a nuissance are not permitted and must be extinguished.
    
11. The Fire Chief may at any time require that a Recreational Fire be extinguished.
    
12. Recreational Fires shall be prohibited when an Open Burning Ban has been declare by the Fire Chief.
    
13. The resident or occupant of any land on which a Recreational Fire is occurring must ensure that Officers have full access to the said land at all times during the Recreation Fire.
    

BY-LAW #028-07
SCHEDULE "B"
OPEN AIR BURNING PERMIT

TOWNSHIP OF NORTH STORMONT

BURNING PERMIT NO.: __________

FIRE DEPARTMENT EMERGENCY NUMBER: 9-1-1

PERMISSION IS HEREBY GRANTED TO:

Name: _______________________________ Telephone # __________

 Cell Phone # __________________


Address: ____________________________________________________

Location of the Fire: ____________________

Lot: _________________

Concession: ______________

(Civic # Required:___________________)

Date issued: ____________ Expires: __________

Methods of Extinguishment of Fire at Site:___________________________

Name of Person Supervising Fire:

________________________________

Contact #:_____________

Cost of Permit:$_____________

OFA/other # ___________________________

Permission will not be granted to any person other than the owner of the property where the fire is to occur, save an authorised agent acting on the behalf of the owner who produces written authorisation signed and dated by the owner.

THE APPLICATN HAS REVIEWED THE OPEN AIR BURNING BY-LAW INCLUDING REFERENCE DOCUMENTS AND AGREES TO:


1. COMPLY WITH ALL OF THE PROVISION OF THE BY-LAW.
   
   
2. ASSUME ALL RESPONSIBILITY FOR ANY DAMAGES AND/OR SERVICE FEES RESULTING FROM THE OPEN AIR BURNING FOR WHICH THIS PERMIT IS ISSUED.
   
   
3. RECEIVE APPROVAL TO ACTIVATE THE PERMIT PRIOR TO SEETING A FIRE.

PERMIT MUST BE AVAILABLE AND ON SITE AT ALL TIMES.

Date: _____________ 

Signature of Applicant:________________________

ADDITIONAL COMMENTS OR CONDITIONS:

(If "Eligible Farmer", state Farm Association Name and Registration Number)

______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

THE CORPORATION OF THE TOWNSHIP OF NORTH STORMONT

BY-LAW #028-07
SCHEDULE "C"

FEE SCHEDULE FOR OFFENCES

First hour (or part thereof)	$350.00 per vehicle
Each additional ½ hour	$175.00 per vehicle
Where no legitimate service or if a fire response in not required	$350.00 charge
All fees are payable to The Township of North Stormont.




THE CORPORATION OF THE TOWNSHIP OF NORTH STORMONT

BY-LAW #028-07
SCHEDULE "D"

FEE SCHEDULE FOR PERMITS

Cost of Burning Permit	$25.00 (No refund)
Eligible Farmers	No charge
Non-Profit Organizations' Events	No charge