HomeMy WebLinkAboutESD-012-12 Clarbgton REPORT
EMERGENCY AND FIRE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 25, 2012 Resolution : °. / By-law :
Repo : ESD-012-12 File#:
Subject: BY-LAW TO REGULATE OPEN AIR BURNING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report ESD-012-12 be received;
.2. THAT the attached By-Law to regulate Open Air Burning be adopted; and
3. THAT Council repeal By-Law No. 2001-113.
Submitted :by: Reviewed b
Y Y
Gord Weir ranklin Wu,
Director, Emergency ti Chief Administrative Officer
Services
GW/mb
CORPORATION OF THE MUNICIPALITY OF CLARINGT®N
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: ESD-012-12 PAGE 2
1. BACKGROUND
1.1 In 2001 Council passed a by-law to regulate the setting of fires in the open air within
the Municipality of Clarington amending the previous By-law 90-178.
The existing by-law has worked well regulating open-air burning throughout the
Municipality, however it should use stronger language to assist with enforcement.
2. COMMENTS
2.1 The Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 authorizes Council to
pass by-laws regulating the setting of open air fires, including establishing the times
during which open air fires may be set.
2.2 The proposed by-law clearly identifies prohibitions, permit application requirements
and conditions, revoking a permit, restricted areas, exceptions and enforcement.
Attachment #2 Open Air Burning Application/Permit will be used by staff to approve
or decline all open-air burning requests.
Attachment #3 Open Air Burning Violation will be used by staff when dealing with
open air burning complaints.
2.3 Schedule B to By-law 2010-142 sets the fee for open air burning.
3. CONCURRENCE — Not Applicable
4. CONCLUSION
4.1 Adopting the proposed by-law provides residents and staff with an open air burning
application process, conditions and enforcement provisions.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Mark Berney, Deputy Chief, Emergency and Fire Services
Attachments:
Attachment 1 — Open Air Burning By-Law
Attachment 2 — Open Air Burning Application/Permit
Attachment 3 — Open Air Burning Violation
List of interested parties to be advised of Council's decision: none
Attachment #1 to ESD-012-12
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2012-
Being a by-law to regulate open-air burning
WHEREAS section 7.1 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4
authorizes the council of a municipality to pass by-law regulating the setting of open air
fires, including establishing the times during which open air fires may be set.
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows:
PART 1 - INTERPRETATION
Definitions
1. In this by-law,
"Fire Chief" means the Fire Chief of the Municipality or a designate;
"Municipality" means The Corporation of the Municipality of Clarington or the
geographic area of Clarington, as the context requires;
"owner" means the person identified in the most recent tax roll as the owner of a
property;
"Permit" means a permit issued to an owner in accordance with this by-law; and
"person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee, or agent, and their heirs, executors, or legal
representatives.
References
2. In this by-law, reference to any Act is reference to that Act as it is amended or re-
enacted from time to time.
3. Unless otherwise specified, references in this by-law to sections are references
to sections in this by-law.
Word Usage
4. This by-law shall be read with all changes in gender or number as the context
may require.
5. A grammatical variation of a word or expression defined has a corresponding
meaning.
Application
6. This by-law applies to all land within the Municipality unless otherwise specified.
PART 2 - PROHIBITIONS
General
7. No person shall set an open air fire or allow an open air fire to be set without a
Permit.
8. No person shall set an open air fire or allow an open air fire to be set which does
not comply with all of the conditions of a Permit.
PART 3 - PERMITS
Permit Applications
9. Any person wishing to set an open air fire shall make an application to the
Emergency and Fire Services Department of the Municipality to obtain an open
air burning permit.
10. Only the owner of the property on which a fire is proposed to be set, or an
authorized representative of such owner, may apply for a Permit.
11. Every Permit application shall,
(a) provide the name, address and telephone number of the applicant and any
person who will be responsible for tending the fire;
(b) describe the property on which the fire is proposed to be set and the
proposed location for the fire;
(c) be accompanied by the fee prescribed for a Permit; and
Open Air Burning By-Law 2 1 P a g e
(d) include such other information as the Fire Chief may require to properly
assess the application.
Permit Conditions
12. The Fire Chief may approve or refuse any Permit application, and may impose
any conditions upon an approval as he determines to be appropriate.
13. Unless specifically provided otherwise, every Permit shall be subject to the
following conditions:
(a) No fire shall cause smoke damage or fire damage to any property.
(b) No fire shall decrease visibility or create a hazard on any public or private
roadway.
(c) Material must be burned in a single pile that is less than 1 metre in
diameter and less than 1 metre high.
(d) No fire shall be set in weather conditions that could create a fire hazard.
(e) No burning of petroleum products, plastics, rubber, household garbage,
building or demolition materials shall be permitted.
(f) No burning that creates excessive or toxic smoke or excessive odour shall
be permitted.
(g) No fire shall be located within 15 metres of any building, structure, tree or
overhead wire.
(h) All flammable vegetation or materials within a 15 metre radius of the fire
shall be cleared.
(i) The person to whom the permit is issued or another responsible adult
identified in the Permit shall tend to the fire until it is extinguished.
(j) No fire shall be started earlier than one-half hour before sunrise or be
extinguished later than one-half hour after sunset on any day.
14. Without limiting the generality of section 12, Permits may be subject to
conditions,
(a) requiring that the fire be or not be in a specific location;
(b) requiring fire suppression equipment;
Open Air Burning By-Law 3 1 P a g e
(c) specifying the method to be followed to extinguish the fire; and
(d) relating to any other factors which the Fire Chief reasonably considers to
be necessary to ensure that the fire is made and extinguished safely.
Revocation of Permit
15. The Fire Chief may revoke a Permit if,
(a) the Permit was issued in error;
(b) any condition contained in the Permit is not being complied with; or
(c) the Permit was issued as the result of false, mistaken, incorrect or
misleading statements, information or undertakings in the application.
16. If a Permit is revoked for a reason set out in section 15 (b) or (c), the application
fee shall not be returned to the applicant.
Restricted Areas
17. No Permit shall be issued for a property that is located within areas designated
"Urban Area" or "Hamlet Residential" in the Clarington Official Plan.
18. No Permit shall be issued for a property that is located outside of areas
designated "Urban Area" or "Hamlet Residential' in the Clarington Official Plan
unless the property is at least 10 acres in size.
Exception
19. Sections 17 and 18 shall not be applied so as to prevent open air burning that is
undertaken as part of a "normal farm practice" as defined in the Farming and
Food Production Protection Act, 1998, S.O. 1998, c. 1 provided that all other
requirements of this by-law are met.
PART 4 - ENFORCEMENT
Inspections
20. (1) In this section, "Officer" means any employee, officer or agent of the
Municipality whose duties include the enforcement of this by-law.
(2) An Officer may, at any reasonable time, enter upon any property for the
purpose of carrying out an inspection to determine whether or not the
provisions of this by-law have been complied with.
Open Air Burning By-Law 4 1 P a g e
(3) No person shall prevent hinder or interfere or attempt to prevent hinder or
interfere with an inspection undertaken by an Officer.
Offences and Penalties
21. Every person who contravenes any provision of this by-law guilty of an offence
upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act, R.S.O. 1990, c. P.33.
PART 5 - GENERAL
Short Title
22. The short title of this by-law shall be the "Open Air Burning By-law".
Repeal
23. By-law No. 2001-113 is repealed.
Effective Date
24. This by-law shall be effective on the date that it is passed.
By-law passed this day of March, 2012.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
Open Air Burning By-Law 51 P a g e
Attachment #2 to ESD-012-12
CiLeading the Wa y
OPEN AIR BURNING
APPLICATION/PERMIT
Application Information
Application Date: 30 Day Permit F�12 Month ❑ Farm Permit
Name: Telephone No:
Municipal Address:
Burn Location Information
Responsible Person: Telephone No:
Property Description:
Fire Location:
Means of Extinguishment:
Additional Conditions:
Applicants Signature: Date:
Authorizers Signature: Regimental #: Date:
Permit Expiry Date: Permit#:
See the back for Permit Approvals, Revocation, Restricted Areas, and Exceptions or the refer to
www,clarington.net for a complete review of Clarington's Open Air Burning By-law.
Distribution: (1) White Copy—Applicant on approval (2)Yellow Copy—Fire Administration
CLARINGTON EMERGENCY & FIRE SERVICES
2430 Highway 2, BOWMANVILLE, ONTARIO L1 C L1 C 3K7 T(905)623-5126 F(905)623-3073
fire(a-)clarington.net
Attachment #3 to ESD-012-12
®m.
Leading the Wtty
OPEN-AIR BURNING VIOLATION
Date: Time: Occurrence#:
Property Information
Name of Person in Attendance: D.O.B:
Named Person the: ❑Property Owner ❑ Tenant
Municipal Address of open-air burning:
Description of Items Burning:
You are in violation of the Municipality of Clarington Open Air Burning By-law 12-
XXX regulating open-air burning and in violation of the Ontario Fire Code 2.6.3.4.
O. Reg. 388/97
1St Offence This will serve as a warning. If you contravene
Municipality of Clarington By-Law 12-XXX and the
Ontario Fire Code again you will be charged and
be subject to the appropriate penalties.
❑ 2"d Offence You are in contravention of the Municipality of
Clarington By-law 12-XXX regulating open-air
burning and the Ontario Fire Code 2.6.3.4. O. Reg.
388/97, as amended, regulating open-air burning
and are subject to the appropriate penalties.
Signature of Person in Attendance:
Officer's Signature: Regimental #: Date:
Personal information contained on this form is collected pursuant to the authority of the Ontario Fire Code
and will be used to investigate possible contraventions of the Municipality of Clarington Open-Air Burning
By-Law. Any questions pertaining to the collection should be forwarded to the Municipal Clerk,
Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario L1 C 3A6 (905) 623-3379
Distribution: (1) White Copy- Named Person (2)Yellow Copy- Fire Administration
CLARINGTON EMERGENCY & FIRE SERVICES
2430 Highway 2, BOWMANVILLE, ONTARIO L1 C L1 C 3K7 T(905)623-5126 F(905)623-3073
fire(c_clarington.net