being a by-law to regulate open air burning in the ...€¦ · plan -rural or agricultural...

CORPORATION OF THE TOWNSHIP OF ASPHODEL-NORWOOD BY-LAW 201 6-79

Being a By-Law to regulate Open Air Burning in the Township of Asphodel-Norwood

WHEREAS the Corporation of the Town hip of Asphode l-Norwood deems it expedient to

establish paramete rs which fires may be set in the open air, and the precaution to be

ob erved by pe rsons setting out fires;

AND WHEREAS under Section 35( I ) of the Ontario Fire Code, 0 . Reg. 388/97, the Fire

Mar hal, a Fire Chief or an A i rant to the Fire Mar ha! may i ue an order to pay the

co t incurred by the Province o f Ontario or a municipali ty;

NOW THEREFORE the Counc il of The Corporation of the Township of Asphodel

Norwood hereby enact as fo llows:

Part 1

DEFINITIONS

Agricultural Fire - defined

"Agricultural Fire" means a fire deemed neces ary for the upport of normal

farming purpo. es, which include brush or vegetation and doe not nece aril y

require a spec ific container fo r burning purpo e ; pile ize hall not exceed 3m in

length or w idth and 2m in he ight and shall be a minimum of I 50m fro m any

tructure. Property description shall be in accordance with the Township Official

Plan - Rural or Agricultural properties with a minimum size of 5 acres

Burn Barrels - defined

"Burn barrel " hall mean metal drum and/or imilar container , which are not

incinerator and are not permitted for burning of materi al in the Town hip of

A phodel-Norwood.

Barbeque - defined

"Barbeque" appliances inc luding a hibachi , a permane nt tru cture designed and

intended solely fo r the cooking of food in the open air and other imilar device

de igned and intended so le ly fo r the cooking of food in the open air, but doe not

include device des igned fo r per onal warmth , fire pit. or camp fi res.

Container - defined

"Containe r" refers to a dev ice to contain a fire and mu t be made of non-

combustible material ; stee l, rock , bricks, dirt, clay etc.

1

CORPORATION OF THE TOWNSH1P OF ASPHODEL-NORWOOD BY-LAW 2016-79

Fire Chief - defined

''Fire Chief' hall mean the Fire Chief for the Township of A phodel-Norwood,

appointed under Section 6(1) of the Ontario Fire Code and includes member of the

Asphodel-Norwood fire services acting under the direction of the Fire Chief

Fire Department - defined

"Fire Department" means the Township of A phodel-Norwood Fire Department

Fireworks: - defined

"Firework ": Any device containing gunpowder and other combustib le chemicals

that causes a spectacular explosion when ignited, used typically for display or in

celebrations. Either commercially or domestically purcha ed; this includes Chinese

lanterns

Incinerator - defined

"Incinerator" means equipment intended fo r outdoor burn ing and shaJJ conform to

NFPA 82 " Incinerators and Waste Lined Handling System and Equipment". This

does not include a burn barrel.

Occupant - defined

"Occupant" means the person( ) residing in premises, which he/she does not own.

Open-Air Fire - defined

"Open-air fi re" means the burning or combustion of material s in the open air, but

shall not include any fire entirely contai ned in an apparatus designed, constructed or

manufactured for the purpose of barbequing food for consumption in a charcoal,

natural ga or propane barbeque.

Outdoor Natural Gas or Propane Fire Pit - defined

"Outdoor Natural Ga or Propane Fire Pit"; A burn ing device fueled by either

natural gas or propane that i ULC or CSA endor ed that produce a controlled

flame that does not emit sparks.

Outdoor Solid Fuel Burning/Combustion Appliances - defined

"Outdoor solid fue l combustion appliance" (i.e. Outdoor wood burning furnace),

mean a o lid fuel burning appliance, which i u ed for the pace heating of

buildings, the heating of water or other uch purpo e and which is located in

separate bui lding or on the exterior of the bui l.ding which it serves. This by-law

does not regulate such appliances - Refer to by-law 2005-62

Owner - defined

"Owner" shall mean the registered owner of the property.

2

CORPORATION OF THE TOWNSH1P OF ASPHODEL-NORWOOD BY-LAW 201 6-79

Prohibited Material - defined

"Prohjbited material" hall include anythjng that is not clean dry wood or natural

wood by-product . Painted, pressure treated or glued wood products are not

con idered clean and are prohibited. Burning o f leaves is onl y allowable on land

wi th a minimum of 5 acres in ize and meet the requirements of an Agricultural

fire as per ection 4. 1

Permit - defined

"Permi t" means written authority provided by the Fire Chief or his/her designate,

attached hereto as Schedule "A" and forming pa1t of this by-law

Property - defined

"Property" shall mean any public or private land, building or tructu re or other real

property wi thi n the Township of Asphodel-Norwood.

Recreational Fire - defined

"Recreational Fire" means an open-air fire that burns with an area that is no larger

than one ( l) meter in di ameter provided such fire i used for warmth or cooking

food (camp fi re)

Special Occurrence Fire - defined

"Special Occurrence Fi re" means an open-air fire that does not meet the

requirements et out rn this by-law and is pecific for an event or specific

occurrence. All Special Occurrence Fire permit require a site in pection and

approval prior to any fire occurring.

Tenant - defined

"Tenant" means the person(s) renting or lea ing premise . .

Township - defined

"Townshi p" hall mean all properties wi thin the defined boundarie of the

Township of Asphodel-Norwood including the former Village of Norwood and the

former Township of Asphodel."

Part2

ADMINISTRATION

Refer to Schedule "C" for a summary of permitted open-air allowable burns

3


2.1 Fire Services - Exemption

The Town hip of Asphodel-Norwood Fire Services shall be exempt from the

provisions of this by-law with re ·peer to open-air burnings set for the purposes of

educating and training individuals.

2.2 Public Works - Exemption

The Township of Asphodel-Norwood Public Works, specifically for the landfill s ite

may apply the "Agricul tural Open-air Fi re" regulations for brush pi le burning.

2.3 Eastern Ontario Emergency Training Academy - Exemption

The Eastern Ontario Emergency Training Academy for the purposes of training is

exempt from the provi ions of this by-Jaw.

2.3 Administration

The Fire Chief shall administer thi s by-law.

Part 3

PROHIBITIONS

No person may set an open-air fire or allow a fire to burn except in accordance with the

fo llowing provisions:

3.1 No person may set a fire or allow a fire to burn except in accordance with the

provis ion of thi by-law and all applicab le federal , provincial and mun icipal law

and regulations;

3.2 With the exception of barbeque fires (charcoal, propane or natural gas) or Outdoor

Natural Gas or Propane Fire Pit fires , no person may et a fire to burn in the open

air without obtaining a permit or permission fro m the Township;

3.3 No person may burn prohibited material ;

3.4 No per. on may burn leave (except a defined under Prohibited materials);

3.5 No person may et or allow an uncontai ned fi re to burn (exception fo r defined

Agricultural Fire). Fire shall be set or allowed to burn in a contai ner, apparatus or

phy ical construction that i capable of controlling the spread of fire, but does not

include a burn barrel;

3.6 Al l open-air fire shall be attended and supe rvi ed at a lJ times and such person(s)

shall ensure that an adequate means of extinguishing the fire i readily available at

4

CORPORATION OF THE TOWNSHIP OF ASPHODEL-NORWOOD BY-LAW 2016-79

the fire s ite while the fire is burning; this in formation is required while obtaining a

permit

3.7 Special Occurrence Fire - considerations

Prior to approving a permit to ho ld an ope n-afr burning for a Special Occurrence,

the Fire C hief will give consideration to the location of the proposed fire, the size of

the proposed fire, the afety mea ure propo ed, the supervision arrangements

propo ed, the time of year, the time of day and the anticipated weather conditions.

3.8 All Open-Air Burning - conditions of Fire Chief

The Fire Chjef may attach any uch condition a deemed appropriate to any open

afr burning and will be at the di cretion of the Fire Chief.

3.9 Barrel Burning - Not permitted

Burning materials in barrels is not permitted in the Township of Asphodel

Norwood. Burn barrel are not inci nerators and therefore are not a permitted use

for burning of materials under this By-Law.

3.10 Incinerators - conditions of the Fire Chief

Any person(s) installing and or us ing an incinerator must be in compliance with

Section 2.6.3 of the Ontario Fire Code and 6.2.6 of the Ontario Building Code.

3.11 Incinerators - annual permits and inspections

All inc inerator in the Townshi p of A phodel-Norwood will be required to purchase

a permit and will be subject to an in pection by the Fire Chief on an annual basis

w ith fees as prescribed in Schedule "A".

Part4

PROHIBITED LOCATIONS

No person may set an open-fi re or allow a fire to bum except in accordance with the

fo llowing locational criteria;

4.1 Open-air fires shall have the following mi nimum clearances: Recreational fire-

3m(l0') from property )jne or combu tibles; Agricultural fire- 22m (75') from any

hedge, tree, fence, property line, highway or vehicular right of way, overhead wi re,

and L50m (500' ) from any tructure/building; Special Occurrence fire - Applie to

fi res that do not comply to Recreational or Agricultural fi res, a s ight inspection i

mandatory and clearances will be determined by the Fire Chief

4.2 No open-a ir fire may be set or allowed to burn on roadways or land that is owned

by the Township (Special Occurrence Permit may be approved);

5


4.3 Where con truction of a building or a tructure i going on, onl y Recreational Fire

with clearance exceeding J 50m (500') to a sociated con truction may be et or

allowed to burn on any land or premi. e

Part 5

GENERAL PROVISIONS

5.1 No open-air fire may be set or allowed to burn on any land or premise without the

consent of the owner of uch land or premi e w ith the understanding they are

ultimately respon ib le

5.2 No open-air fire other than a recreational fire may be set to burn between sun et on

the evening of any day and unrise on the foJJowing day

5.3 No open-ai r fire may be et during a fire ban declared by the Chief Fire O fficial .

5.4 Notwith Landi ng the i suance of a permit and with or without a permit, no per on

may et or aJlow a fi re to burn when the direction or inten ity of the wind may

cau e:

a) a decrease in vis ibility on any roadway;

b) any odour or smoke to such an extent or degree so a to cau e di comfort to

person, or hazards to health , cause lo s of enjoyment or normal u e of property in

the immediate area;

c) a rapid pread of fire th rough gras. to a bu h area

d) if investi gation determines this i a ne ighbour dispute and the above condition

are not validated then applicable charges may occur to the caller

5.5 Failure to extingui h - liable for co. ts

Should the owne r, occupant or tenant fa il to immediate ly extingui h the open-ai r

fire upon notification to extinguish from the Fire C hief, charge wi ll occur for any

and all costs incurred by the Municipality of Asphodel-Norwood

Part 6

PERMIT SYSTEM

Permits are available at the Munic ipal o ffice, Norwood fi re station and the

We twood or Norwood library.

6.0 Permi ion for a recreational fire i granted through adherence o f this by-Jaw and

doe not require a permit ,

6.1 T he Chief Fire Offic ial herby-delegated authority to approve of the etting of open

air fire in accordance with the provis ion of thi by- law, provided the permit is

6


completed, altached hereto a Schedule "B", for any fire other than a recreational

fire

6.2 An open-ai r fire permit or permi ion may be cancelled at any time by the Fire

Chief, and immediately upon receiving such notice of cancelati on the person(s)

re pon ible ·hall extinguish any fire . tarted under thi by-law

6.3 If a permit or permi ion wa cancelled prev1ou ly, then approval from the Fire

Chief hall occur prior to igniting any open-air fire

6.4 Upon request, a s ite inspection may be arranged if a . i tance is required to en ure

compliance with thi by-law. Special Occurrence permit must be approved prior

to having an open-air fire and a rea onable time period for approval must be

con idered.

6.5 Any open-air fire requiring a permit requires the burn permit phone ystem to be

called prior to lighting the fire and immediately after extingu ishment at:

(705) 745-8507

6.6 All permits expire at the end of the ca lendar year. Permits that are for a specific

7.1

7.2

7.3

7.4

time period may expire before the end of the ca lendar year and therefore that

pecific date wi ll be con idered a. the expiry date.

Part 7

PENALTY

No per on hall fai l to comply with the regulations set out in the by-law

Every person who contravenes any provisions of thi s by-law is guilty of an

offence and is li able to a fine a provided in the attached Schedule "A"

Any per on who ets or a llow a fire to burn without a permit or permission

and any per on, who i unab le to control uch fire, leading to the response of

the fire department , at the discretion of the Fire Chief shall be liable for the

ex pen e o f the fire department, including personnel, equ ipment and

apparatus co ts neces ary to investigate, re pond and extinguish the fire.

(Current MTO rates apply)

The municipality ha the right to collect any unpaid costs a ociated with

section 5.5 and 7.3 of thi by-law, in a like manner a municipal taxe , or

the municipality may provide that the expen e incurred, with interest, hall

be payable in annual in rnllments not exceeding ten years.

7

7.5

8. 1

8.2

8.3

8.4

9.


The court in which the conviction has been entered, and any court of

competent jurisdiction thereafter, may make an order prohibiting the

continuation or repetition of the o ffence by the per on convicted, and such

order hall be in addition to any other penalt y imposed on the person

convicted.

Part 8

BURN BAN

When Chief Fire Official declares a Burn Ban Township Re idents must be

notified (by reasonable mean ) by the following methods:

• Township o f Asphode l-Norwood Social Media Account

• Township of Asphodel Norwood Web Site

• Burn Ban Signs placed Strategically on Township Roads and

Private Roadways (placed with permission o f owner of

private road or property)

• Flyer distributed throughout the town hip

• Verbally instructed by Town hip Staff and/or Asphodel

Norwood Fire and Rescue Pe rsonnel

• On the Township of Asphodel Norwood information board

located at Elm Street and Highway 7

• Or any other method deemed appropriate by Chief F ire

Official

At the di cretion of the C hief Fire Official or his agent a verbal warning

may be issued during an in fract ion of the burning by- law before a fine is

issued

Outdoor Natural Gas or Propane Fire Pit fire hall be the only burning

devices allowed to operate during a burn ban.

• The device must meet criteria noted in the bylaw

• The device must be used according to manufacturers'

recommendations and operating guidelines

• Must have a method of extingui hment nearby to mitigate any

po ible exten ion of the fire

• Must be attended at all times by a competent person who is fami liar

with the device

No Fireworks ei ther commerc ial or domestic will be permitted during the

period of the Fire Ban

This by-law will supersede any by-law that is in conflict with this by-law

8

10.

11.


This by-Jaw shall come into full force and effect on August 23rd, 2016

The Township of Asphodel-Norwood by-law 2013-44 is hereby repealed as

of Augu t 23, 20 16

Read a first, second and thjrd time and finall y passed thi s August 23, 20 J 6

Mayor Terrence J. Low

Clerk, Candice Wrute

9

Item 1.

2. 3. 4. 5. 6.

7. 8.

9.

10.

I J. 12.

13. 14.

15. 16. 17.


Schedule "A"

Open Air Burning Permit & Penalty Fees

Special Occurrence Fire Permjt Fee $25.00

Agricul tural Fire Permit Fee $0.00

Recreational Fire Permit Fee $0.00

Annual Incinerator Permit and In pecti on $40.00

Description of Offence Provisions Creating Offence Set Fine Set or allow fire to burn in Section 3.1 $50 contravention of by-law Failing to obtain a permit/permission Section 3.2 $50 Burning prohibited materials Section 3.3 $50 Burning leaves Section 3.4 $50 Setting an uncontained fire Section 3.5 $50 Fire not attended, supervised or Section 3.6 $50 inadequate means to ex tinguish fi re Burn barrel Section 3.9 $50 Failing to obtain incinerator Section 3. l l $50 permit/inspection Recreational fire with in 3m of Section 4.1 $50 structure, roadway, overhead wire or combustible material Fire other than a recreation fire et Secti on 4.1 $50 within 22m of a structure, roadway, overhead wires or combustible material Fire on public land or roadway Section 4.2 $50 Fire on land where construction of a Secti on 4.3 $50 building or structure is ongoing Failure to obtain owner's permission Section 5. 1 $50 Fire between sunset & unri se (not Sect ion 5.2 $50 applicable to recreational fires) Fire or Fireworks duri ng ban Section 5.3 $500 Fi re causing a nuisance or danger Section 5.4 $ 100 Failure to call prior to setting an Section 6.5 $25 open-air fire

Cost associated with Section 5.5 and 7.3 will be determined based on each occurrence (Rate to respond and extinguish is set at current MTO rates

JO

CORPORATION OF TH E TOWNSHIP OF ASPHO DEL-NORWOOD BY-LAW 20 16-79

Schedule "B"

Add Permit

Location of Burn

Street No: Venfy Address

Street Hime:

Ciy: Ca•an-Monaghan ..

Postll Code:

115 Highway S 7 H1gh\'vay la H1ghwa1 .Acadia Court ~rportRoad

- - -+---"--------------,-Lot

1: 1

------·--------------..i....--------...----------..-- --1 Access Route:

Phone Nllnber.

Fax IUnber: l---~---'--

11

CORPORATJON OF THE TOWNSHlP OF ASPHODEL-NORWOOD BY-LAW 20 16-79

Schedule "C"

Summary of Allowable Open-Air Burning It i s the responsibility of the person(s) burning to be familiar with the Open-Air

Burning by-law; Schedule "C" is a guide only

Open Air Burning -ALL Permission - A permiL i required for any fire other than a recreational fire ( 1 m2 for cooking or warmth purpose ). Permis ion is granted for recreational fi res that meet the izc requirements set out below Attendance - All open air burning in the Town hip of Asphodel-Norwood shall be anendcd and upervi ed at all times by competent, maLure person(s). Material • Only burning of clean wood and bru h is permined. Burning of leave i acceptable for propertie wi th a minimum size of 5 acres and meets Lhe Agricultural Fire clearance!> Extinguishment - means of extinguishment hall be readily available at burn site. Wind - No burning wi ll be permilled if wind or weather could contribute lo rapid fire spread. Complaints - received regardi ng problems as ociatcd with smoke may be cause for an approval to be rescinded. Burning is not to take place when wi nd wi ll cause smoke 10 be an annoyance to nearby propertic or roadways. If a fire is deemed acceptable and it is determined to be a neighbor dispute, charges may apply to the caller. Burn Ban - wi ll alway. override any permission or permit obtained Lo conduct open air burning. Penalty & Fees - Co t as ociated with non-permis. ive, out of control or other Open-Air Burning by-law related violations range from 25 - MTO rate per vehicle (current Rate) Sec Schedu le "A" Burn barrels are nol pcrmined in the Town hip of A phodel - Norwood Environmental Considerations - Open ai r burning shall not be carried out on Smog Alert day that are declared by Environment Canada when the Air Quali ty Index is expected Lo reach 50, a level that can impact the health of citizen ·. Citizens can call the Ontario Ministry of the Environment Air Quality Index Reporting System at 1-800-387-7768 for information pertaining to days de ignated a<; Smog Alert Day .

Recreational Fire, Outdoor Fireplace and Chimneys, Outdoor Natural Gas or Propane Fire Pit fires - Summary Guidelines for Open Air Burning - Intention of this type of fire is for warmth or campfire cooking purposes The Fire Ch ief granLs permi ion and a permit is nor 11ecessa1y for a recreational campfire as long as the bylaw is adhered lo. The following arc general size and clearance requirement

• Recreational campfires hall be contained in non-combustible containers. Containers must be kept lo a maximum I meter quare and names hall be contained wi thin the e dimen ion and not exceed 1 meter in height from the bottom of the pit area.

• Recreational Campfire mu l have a minimum 3m clearance to any building, combu tible material and property line.

• The use of outdoor fireplaces and chimineas mu t be located on a non-combu tible surface and meet the same as above recreational fire clearances and size unless more prohibited instructions by manufacturers specification .

• The amount of material being burned is to be limited to ensure that the names are confined lO the unit.

Agricultural Fires - Summary Guidelines for Open Air Burning by Permit • A permit is required for any Agricultural Fire. • Size: limit brush pile size to 3m by 3m by 2m in height • Minimum property size is 5 acres and property description in accordance with the Township Official

Plan - Rural or Agricultural properties only. • Clearances: l 50m from any structure, 22m from any trees, hedge. wooden fence, property line.

highway or vehicular right of way. or overhead wire

Special Occurrence Fires - Summary Guidelines for Open Air Burning by Permit • A permit is required and a sight inspection is mandatory for any Special Occurrence Fire Permits.

• A Special Occurrence Permit is required whenever a desired fire does not comply with a Recreational fire or Agricultural fire requirements

Safety Considerations • Be aware of potential per onal injury, such a!> uperficial burns from contacting unit , ignition of

clothing from sparks or name. AL o be aware of po ibilitie of injury and fire spread resulting from accidental tipping of unit. Check unit regularly before use for the appearance of crack or other physical deterioration

• All purchased burning devices either wood fueled or propane or natural gas fueled must be utilized and maintained as per manufacturer recommendations and guidelines lo ensure optimum life of device and 10 the afety of per on using the device

NOTE: INSPECTIONS CAN BE DONE UPON REQUEST EVEN IF A PERMIT IS NOT REQUIRED

12

being a by-law to regulate open air burning in the ...€¦ · plan -rural or agricultural...

Documents