Body: Council Type: By-law Meeting: Regular Date: 2020 Collection: By-laws Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2020-54 BEINGA BY-LAWTO REGULATEOPENAIR BURNING IN THE TOWNSHIP
WHEREASthe Corporation of the Township of South Frontenac has a responsibility to protect life and property from risks of fire;
AND WHEREAS Section 2 ofthe Fire Protection and Prevention Act, 1997, S.0. 1997, c. 4 outlines a Municipality’s responsibility for the provision of Fire Protection Services; AND WHEREAS Section 7. 1 Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 permits a municipality to pass By-laws that regulate fire prevention and the setting of open-air fires within the municipality;
AND WHEREAS Section 391 of the Municipal Act, 2001, S. O. 2001, c. 25, provides that
despite any Act, a municipality and a local board may pass By-laws imposing fees or chargeson anyclassofperson, forservices oractivities provided ordone byoron behalf of it orforcosts payable by itforservices or activities provided ordone byoron behalfof any other municipality or local board;
AND WHEREAS Section 398 of the Municipal Act, 2001, S.O. 2001, c.25, permits the Treasurer of a local municipality to add fees and charges imposed by the municipality, upper-tier municipality or local board, respectively, to the tax roll for a property in the local municipality and collect them in the same manner as municipal taxes;
AND WHEREAS Section 429 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that Subject to subsection (4), a municipality may establish a system of fines for offences under a by-lawof the municipality passed under this Act. 2006, c. 32, Sched. A, s. 184
ANDWHEREAS Section 441. 1 ofthe Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that the treasurer of a local municipality may add any part of a fine for a commission of a provincial offence that is in default under section 69 of the Provincial
Offences Act to the tax roll for any property in the local municipality for which all of the owners are responsible for paying the fine and collect it in the same manner as municipal taxes.
NOW THEREFORE the Council ofThe Corporation ofthe Township of South Frontenac hereby enacts as follows:
DEFINITIONS
- In this by-law,
(a) “Approved Brush Pile Fire” means an Open Air Fire, having a maximum fuel volume of 3 meters x 3 meters, that is set and maintained forthe sole purpose of burning piled wood, bmsh or leaves.
(b) “Approved IncineratorFire"meansanOpenAirFiresetina containerdesignedfor incineration purposes and constructed completely of non-combustible material
that is placed atop not less than 4 cm of sand or mineral soil extending not less than 30 cm
beyond its perimeter, and having a maximum volume of 202 litres and an outlet or exhaust opening covered by a screen having a mesh of not more than 5 mm.
(c) “Approved Pit” means an area of ground that has been completely cleared of
combustible material and lined with a minimum thickness of 15 cm of sand or mineral soil that will extend a minimum of 30 cm beyond the limit of the fuel used for a Camping Fire.
(d) “Barbeque” means a portable orfixed device designed and intended solely forthe cooking offood in the open air but does not include outdoor fireplaces or campfires.
(e) “By-law Enforcement Officer” means a person appointed by Council of the Township as a by-law enforcement officer for the Township. (f) “Camping Fire” means a fire, having a maximum fuel volume of .6 meters x 6 meters x .6 meters, that is set and maintained solely for the purposes of cooking food, providing warmth or recreational enjoyment and; .
i.
The site of the fire is bare rock or other non-combustible material.
ii.
The fire is at least three (3) meters from anyflammable material.
iii.
The space above the one (1) meter area around the fire is at least six (6) meters from vegetation.
IV.
The fire does not exceed one (1) meter in height and one (1) meter in diameter.
(g) “Cooking Fire” means a fire used for cooking food and contained within an approved containment area or an approved outdoor fireplace.
(h) “Evaporator” means a device that is an enclosed burning appliance intended to provide a wood or fuel burning fire for the purposes of generating heat to evaporate hquids such as, but not strictly limited to, the production of maple syrup.
(i) “Fire Chief means an officer of the Fire Department appointed as such by municipal by-lawand includes a Chief Fire Official.
G) “Fire Department” means South Frontenac Fire and Rescue that serves the Township of South Frontenac.
(k) “Flying/Floating Lanterns” means a combustible material warm airfloating device which uses an open flame for floatation
(1) “FPPA” means the Fire Protection and Prevention Act, S.O. 1997, c4, as amended, and the regulations enacted thereunder as amended from time to time. or any Act or Regulation enacted in substitution therefor
(m) “Highway” means a common and public highwayand includes any bridge, trestle, viaduct or other structure forming part of the highway and except as’othenvise provided, includes a portion of the highway
(n) “Household Waste” means combustible material such as plastics, paints, oils, solvents, rubber, insulation, batteries, acids, polystyrenes (Styrofoam), pressure treated or painted lumber, tires, upholstered furniture, synthetic fibers, diapers and hazardous waste as defined in the Environmental Protection Act and all other similar and like materials
(o) “OpenAirFire"meansa firesetintheopenairforthepurposeofburninggrass, tree limbs and other combustible material, and includes fires in barrels, " drums, incinerators and pits, but does not include a recreational fire as defined in this bylaw.
(p) “Ontario Fire Code” means 0. Reg. 213/07 made underthe Fire Protection and Prevention Act, S.O. 1997, c.4, as amended.
(q) “Outdoor fireplace” means a manufactured, noncombustible, enclosed container
designedto holda smallfirefordecorativepurposesandincludes,butnotstrictly limited to, a chiminea or fire bowl
(r) “Owner"meansanyperson,firmorcorporation havingcontrol overanyportionof the building or property under consideration and includes the persons in the building or property.
(s) ‘Permit"Meansanapproveddocumentprescribedinthisbylawandissuedbythe Corporation of the Township of South Frontenac that shall be obtained by an
owner of a property and for each separate property owned, related to setting, maintaining, or allowing a fire to be set or maintained, and includes Open A’ir Burning
(t) “Person” includes an association, firm partnership, or corporation.
(u) “Recreational Fire” means a fire that includes, camping fire, cooking fire, outdoor
fireplace, evaporatorfire, a fire contained in a barbeque. (v) “Smudge” means a controlled and closely supervised Open Air Fire that is set for
the purposes of protecting crops from frost or for relieving distress from biting insects in livestock
(w) “Township” means the Corporation ofthe Township ofSouth Frontenac. PROHIBITIONS 2. At any time, no Person shall,
(a)Set maintaina fire,orallowa fireto besetorbemaintained,including: i. ii.
Any unauthorized Open Air Fire, or Any unauthonzed Recreational Fire, or
iii.
Any Recreational Fire or Open Air Fire, in such a manner that interferes with
the enjoyment of adjoining lands or jeopardizes the safety of a highway, through the escape of smoke or ash.
iv.
A Smudge, withoutfirst notifying the FireChief48 hours in advance ofthe date.
location, andotherdetailsrelatingtotheproposed Smudgeandcomplying with
anyrestrictions orconditions onthesetting and maintenance ofthe Smudge as may be imposed by the Fire Chief in his or her sole discretion.
(b) Setor maintain a Recreational Fireoran OpenAirFireoralloweitherto besetor be maintained in contravention of: i. The Ontario Fire Code;
ii. The Fire Prevention and Protection Act, S. 0. 1997, c.4: iii. The Forest Fires Prevention Act, R. S. O. 1990, c. F.24;
I fire safety precautions setforth under Section 3 ofthis by-law; v. Theterms ofanybanor prohibition orderinconnection with OpenAirFiresand issued by or on behalf of the Government of Canada, the Government of
Ontario, theFireChiefunderauthorityofthisby-lawandtheFPPA,oranyother
official acting within the scope of his or her statutory powers vi. or any other statutory requirement of the Province of Ontario or the Government of Canada; or
(c) Atanytime, setoff, ignite, orallowtheuseofa Flying/Floating Lanternofanytype thatoperates ontheuseofanyfireoranytypeofopenflame heatingsource.
SAFETYPRECAUTIONS 3.
Any person setting, maintaining or permitting the ignition or maintenance of a
Recreational FireoranOpenAirFireshallensurethattheburningisdonestrictly inaccordancewiththefollowingfiresafetyprecautionsandinadditiontoobtaining
a permit as prescribed in this bylaw:
(a) All materials to be burned shall be dry, (b) No person shall bum any: i. Building or structure of any kind or size; or
ii.
iii.
Hay, straw or standing material, unless approved bythe Fire Chief or Chief
Fire Official; or
Petroleum products, plastics, rubber, painted lumber, tires, pesticides,
insecticides, herbicides, aerosol cans, fuel tanks, carpeting, mattresses, nylon,
IV. V.
.
-. -. –,
Styrofoam or anything else that will cause excessive smoke orfumes: or Material prohibited bythe Ministry ofthe Environment, or Any household waste or commercial garbage
(c) No Recreational Fire or Open Air Fire shall be set or maintained:
On any public or Township property other than a township landfill site if approved by the Fire Chief or Chief Fire Official;
yy’thin ten (10) meters ofa Township road, road allowance, or highway; or
Within six (6) meters of a building, forest, wooded area, or the nearest abutting property; or IV. V.
Withinthree (3) meters of anyotherflammable material; or Underorwithinten (10) meters ofany hydro ortelephone line or service.
(d) A person over the age of 18 shall be in attendance and shall supervise all Recreational FiresandOpenAirFiresuntiltheyarefully extinguished.
(e) Equipmentandotherresourcescapableofcontrollingandquicklyextinguishingall Recreational Fireand OpenAirFiresshall bemaintained atthe siteofthefire atall
times.
(f) Hoursofburningarerestrictedtothosehoursbetweensunriseandsunset,during the fire season from the 1st day of April to the 31st day of October, except a
camping fire or cooking fire in an approved fire pit, barbeque, outdoor fireplace, or a township landfill site.
(g) Recreational Fires and Open Air Fires shall not be set in the presence of high winds in excess of 25 km/hr or any other adverse burning conditions.
(h) Anyperson settingormaintaining anOpenAirFireotherthana Recreational Fire.
shall first notifythe Fire Department through the prescribed process ofthe Open
AirBurn Permit System, ofhisorhername andtelephone number andthe location of the proposed burning. LEVELSOF FIRE BAN 4.
(a) Level One(1) Ban - shall mean a fire ban, which restricts Open Air Fires butdoes not include Recreational Fire as defined in this by-law.
(b)A Total Fire Ban- shall meanabsolutely no Recreational Firesand/orOpenAir Fires but does not include cooking appliances with a mechanical shutoff, i.e.:
propane or naphtha gas cooking equipment.
(c) TheChiefFireOfficial,willassesstheneedfora LevelOne(1)orTotalFireBanon a daily basis
(d) Whenfire bans areordered bya ChiefFire Official, he orshewill advise the CAO and Council aswell asthe media and other agencies. ADMINISTRATIONAND ENFORCEMENT 5.
This by-lawshall be administered and enforced by a ChiefFire Official, By-law Enforcement Officers, orsuch other person as Council ofthe Township ofSouth Frontenac may designate.
The Chief Fire Official may approve commercial fireworks displays for special occasions during a Level One (1) or Total Ban.
The Chief Fire Official may, at any time, and in the exercise of his or her sole discretion, issue a firema n, effective for a specified period of time, prohibitingVhe
settingofanyandall RecreationalFiresandOpenAirFireswithinanyareaofthe
Township based on the following:
(a)A lackofprecipitationthat, inthe opinionofthe ChiefFireOfficial, increasesthe risk of the spread of fire;
(b) Windsthat, in the opinion ofthe Chief Fire Official, increase the riskofthe of fire;
(c) Current MNRF fire indices indicate a HIGH or EXTREMEfire hazard and in consultation with Frontenac Provincial Park.
(d)The issuance, bya ChiefFireOfficial, Fire Marshall, orotherfireofficialsin the
exercise ofhisor herstatutory powers, ofa fire ban or prohibition against anyand
all Recreational Firesand/orOpen Air Fires; or
(e) Anyothercondition that inthe opinion ofthe ChiefFireOfficialwill increase the risk of the spread of fire.
PERMITPROVISIONS 8.
aLThe aPPIication for a permit shall be in the form as set out by the Chief Fire Official and shall include:
i) the applicable fee as set out in Schedule “A” ofthis bylaw, and
ii) permit holder sign-offofacceptance and compliance with this bylaw.
b) Permits are issued at the discretion ofthe ChiefFire Official.
c) A permit must be obtained for any and all burning. This includes all Recreational Fires and Open Air Fires.
d) Notificationsmustoccurthroughthe permitsystemforall OpenAirFiresbut are not required for Recreational Fires.
e) Priorto granting approval through the prescribed permit process to conduct an Open Air Fire, the ChiefFire Official maygive consideration to:
i) the results ofanon-site inspection, ifrequired bythe ChiefFireOfficial;or ii) the size ofthe proposed fire and type of materials to be burned: or
iii) thesafetymeasures andsupervision arrangements proposed; or iv) the time of year and the time of day; or v) the type of special event; or vi) any other relevant considerations.
f) The Chief Fire Official may attach such conditions as deemed appropriate to any permit granted for Recreational Fires or Open Air Fires.
g) The holderof the permit shall keep the permit or a copy ofthe permit at the burning site specified in the permit.
h) Any permit holderwho is in violation of this By-law shall have their permit i)
summarily
revoked andallfiresshall beimmediately extinguished.
Despite the existence ofa valid burning permit, the ChiefFire’Official may
suspend, without recourse, any and all burning permits and cause to be extinguished any fire until such conditions as the Chief Fire Official indicate are met.
j)
The ChiefFireOfficialmayrefuseto approve or issuea permitfora fireoran open airfire, ifthe proposed fire oropen airfire would be in contravention of
this By-law, if the owner, occupant or permit holder has, in the past, contravened the provisions of this By-law or has not complied with’ any
conditionsattachedto a permit issued pursuant to thisBy-law. k) The Chief Fire Official may withdraw a permit if, in the Chief Fire Official’s opinion, the fire is causing a negative impact, smoke produced bythe fire is causing visibility concerns on roads in the area of the burn, the weather has
deteriorated or conditions have become unfavorable fora Recreational Fire
oran OpenAirFire, conditionsattachedto the grantingofa permitare not being adhered to or anyprovision ofthis By-law is being contravened. INSPECTIONPOWERS 9.
^h, lef_Fir? official’ By-law Enforcement Officer or a Police Officer may at any
timeinspectanyRecreational FireorOpenAirFiretoensurethattheprovisionsof this by-lawhave beenandare beingcompliedwithandthe personwho hasthe
^.al^-and co?^°1 of such_fire sha11 provide the Chief Fire Official, By-law Enforcement Officerorthe Police Officerwith free and unobstructed accessto the Recreational Fire or Open Air Fire. 10.
Upon inspection, the Chief Fire Official, By-law Enforcement Officer or Police
Officermaywherethere are reasonable and probablegroundsthat anyoffence under this by-law has been committed, request any person believed to have
committed such offence to provide suitable identification and information. FEES 11.
Where non-compliance and contravention of this bylaw is confirmed and in addition to any fines or penalties established elsewhere in accordance with this
by-law, the person orpersons responsible forsetting ormaintaining, orpermitting
to be set or maintained, a Recreational Fire or an Open Air Fire shall be liable to the Township by way of a fee or charge, as calculated in accordance with
Schedule “A"tothisby-law,onaccountofthosecostsandexpenses incurred by
the Township in:
(a) Investigatingandrespondingtoa complaintmadetotheTownshiportheFire
Departmentbyanyperson acting reasonablyand ingoodfaith,whichcomplaint
resultsfromsettingand/ormaintenanceofa RecreationalFireoranOpenAirFire
and, in the opinion of the Chief Fire Official, smoke or emissions from such fire or
Open Air Firewere causing or had caused actual discomfort to the complainant;
and
(b)The dispatching of Fire Department vehicles and fire-fighting personnel for the purpose of extinguishing the Recreational Fire or Open Air Fire where non-compliance or contravention ofthis bylawexists. 12.
lee^.a?d ?, lar?es Payableunderthisby-lawaredueandowingtotheTownship
withinthirty (30) daysofthe dateofan invoice rendered tothe person liableto i them.
Alloverdueaccountsshallaccrueinterestattherateof1.25%permonth(15%per annum), calculated monthly, from the due date until paid in fuli.
Ifa personwhosetsormaintainsa fireorOpenAirFirecontrarytothisby-lawis
nottheownerofthepropertybutoccupiesorisusingthepropertywiththeowner’s
consent, the owner of the property shall be liable to pay any fees and imposed by this by-law. 15.
All fees and charges payable underthis by-lawconstitute a debtofthe person l!^efbr. paym^t ofthem totheTownshipand,inthecaseofownersofa property beingresponsibleforpaymentofthefeesandcharges,theTownshipmayaddthe amount owing to the tax roll for the owners) real property and collect them in like manner as municipal taxes.
The Chief Fire Official has full discretion when applying the fees for non-compliance or contravention of this bylaw outlined in Schedule “A”. This includes determining the severity ofthe non-compliance andcontravention andthe results ofnon-compliance and contravention. This may be determined based on
the appropriate number of fire department resources required to"controi,’
extinguish^ and/or mitigate the hazards associated with any Recreational Fire or Open Air Fire.
PENALTIES 17.
-^e’^:f^re??. vv^° .contravenes or causes or permits the contravention of any provision of this bylaw is guilty of an offence, pursuant to the provisions of the Provincial Offences Act, R. S. 0. 1990, c. P. 33, as amended.
GENERAL 18.
IfanyclauseorpartofthisBy-lawisfoundto beillegalorbeyondthe powerofthe Township’s Council to enact, such clause or part shall be deemed to be severable from all other clauses or parts ofthis By-law.
This by-law shall be known as the Open Air Burning By-law.
By-law2004-107as amended by 2012-68 is hereby repealed on the 1stdayof
January 2021. 21.
This By-law shall come into force on the 1stday of January 2021. Dated at the Township ofSouth Frontenac this sixth day ofOctober 2020. Read a first and second time this sixth day of October 2020.
Read a thirdtime and finally passed this sixth dayof October2020. THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandewal, Mayor
Angela Maddocks, Clerk
SCHEDULE’A’ TO BY-LAWNO. 2020-54
Feeto respond to and investigate a fireorOpenAir Firecomplaint, if it isfound thatthe fire or Open Air Fire is in non-compliance with this bylaw: . $150.00 per response of a Fire Department Officer
ee_fordisl:>ateh ofFirefi9hters and Fire Department Vehiclesto investigate, extinguish,
or mitigate the hazardassociatedwitha fireor OpenAirFirecomplaint,“ifit isfound that thefireorOpenAirFireis in non-compliance withthisbylaw: *
he current Ministry ofTransportation rate pervehicle for the first hour and
billed in 30 minute increments pervehicle foranytime thereafter, plus,
- T wa9es of all flre-fighters responding to the call (a minimum of one incident payrate as prescribed in By-law2018-56perfirefighter) Fee for annual Permit:
.
$15.00 per permit
Note:. lf an ownen own!> multiPle properties, permits must be obtain for each mdividual property; however, no additionalfeesbeyondtheoriginal$15.00for’the
first permit, will be levied forthe additional permits.'
Fee for any fire or Open Air Fire without a valid permit or notification through the
prescribed Permit Process: .
$150. 00
Feeforburning unauthorized materials, materials notapproved bythisbylaw, household
waste, commercialwaste, oranyothermaterial inthe opinionofthe ChiefFireOfficial
thatwouldhavea negative impartontheenvironment andairqualitywiththeTownship:
. $2000.00 and/or cost of response by firefightere and fire department vehicles (whichever is greater)
Feeformakinga complaintaboutanOpenAirBurnthatisfalse,frivolous,orvexatious in
nature:
$150. 00
