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HomeMy WebLinkAboutPUB-002-25 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: January 13, 2025 Report Number: PUB-002-25 Authored by: Matt Muirhead, Chief Fire Prevention Officer, Clarington Emergency and Fire Services Submitted By: Lee-Ann Reck, Deputy CAO, Public Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: GG-157-24 File Number: Report Subject: Open Air Bylaw Addendum Recommendations: 1. That Report PUB-002-25, and any related delegations or communication items, be received; 2. That Council direct staff to update the by-law to reflect either: a. Scenario One which allows for both recreational fires and open-air burning (as contained in Attachment 1); or b. Scenario Two which provides a reduced sized lot for open air burn and does not allow for recreational fires (as contained in Attachment 2). 3. That By-law 2012-062, to regulate open air burning, be repealed; and 4. That all interested parties listed in Report PUB-002-25, and any delegations be advised of Council’s decision. Municipality of Clarington Page 2Report PUB-002-25 Report Overview Following Council’s Resolution #GG-157-24, that the report PUB-015-24, be referred to staff, to incorporate scenarios two and three, from PUB-015-24, staff have conducted additional analysis and have provided the two remaining scenarios for Council’s consideration. Scenario One is to allow recreational burning throughout Clarington and reduce the open-air burning requirements.  Recreational burning allowed  No permits required for recreational burning.  Open air burning property size reduced from 10 acres and above to 4 acres and above Scenario Two is toto reduce the minimum size of property to allow open air burning from 10 or more acres to 4 or more acres,  Increase the setback from the fire location to property lines, etc. from 15 meters to 30 meters.  Continue to not allow recreational burning. Emergency and Fire Services Staff are recommending Scenario two. 1. Background 1.1 At the May 27, 2024, General Government Committee meeting, Council approved Recommendation #GG-085-24, directing Staff to prepare a report to review open air burn by-law 2012-062 and develop mechanisms to consider recreational campfires in urban areas. 1.2 At the October 28, 2024, General Government Committee meeting, Staff brought forward Report PUB-015-24. Committee passed Resolution #GG-157-24, directing Staff to report back following additional analysis on the option of combining scenarios two and three from the staff report so both urban and rural residents can conduct recreational burning on their property. 1.3 Staff have conducted additional analysis and are presenting two scenarios in this report for Council’s consideration. Municipality of Clarington Page 3Report PUB-002-25 2. Discussion & Data 2.1 While majority of municipalities in Southern Ontario do not allow recreational burning (none in Durham), staff are aware of 5 municipalities that do allow it. 2.2 Discussion with these municipalities (Barrie, Central York, Kitchener, London, Mississauga) was conducted regarding recreational burning and the impact it currently has on their emergency responses. 2.3 The following charts provide each municipality’s annual emergency response calls and burning complaint calls due to open-air and recreational burning. Unfortunately, municipalities emergency response calls do not distinguish between recreational and open-air complaints, the charts summarize the overall burning complaints received: Municipality of London 2018 2019 2020 2021 2022 Total Emergency Calls 10,054 10,614 9,237 11,128 13,462 Burning Complaints 340 323 708 557 519 Percentage of Calls 3% 3% 8% 5% 4% Municipality of Central York 2018 2019 2020 2021 2022 Total Emergency Calls 5,086 4,882 4,291 4,633 5,461 Burning Complaints 87 91 145 117 89 Percentage of Calls 2% 2% 3% 3% 2% Municipality of Barrie 2018 2019 2020 2021 2022 Total Emergency Calls 9,192 9,077 8,395 9,640 11,173 Burning Complaints 186 204 262 232 219 Percentage of Calls 2% 2% 3% 2% 2% Municipality of Kitchener 2018 2019 2020 2021 2022 Total Emergency Calls 15,063 15,155 9,315 16,223 15,938 Burning Complaints 82 91 127 136 136 Percentage of Calls 1% 1% 1% 1% 1% Municipality of Clarington Page 4Report PUB-002-25 Municipality of Mississauga 2018 2019 2020 2021 2022 Total Emergency Calls 31,644 27,904 24,662 27,270 29,758 Burning Complaints 166 150 297 223 159 Percentage of Calls 1% 1% 1% 1% 1% Municipality of Clarington 2018 2019 2020 2021 2022 Total Emergency Calls 3,926 4,238 2,609 2,136 2,402 Burning Complaints 78 80 132 105 78 Percentage of Calls 2% 2% 5% 5% 3% 2.4 An analysis of these emergency response numbers was conducted to reveal themes and trends. 2.5 A spike in emergency calls for burning complaints amongst all comparators is observed in a one-year period between 2019 and 2020 of 79% most likely due to the impacts of covid and people spending more time at home 2.6 In the five-year period between 2018 and 2022, the total emergency response calls for open air and recreational burning amongst the comparators increased from 861 in 2018 to 1122 in 2022 for a total increase of 30% over that period. This reveals that despite the return to normalcy post covid, there was not a significant drop off in these types of emergency calls as many people continued to conduct recreational and open-air burning. 2.7 While Clarington did see a covid related spike in burning of 65% between 2019 and 2020, the number of these calls dropped back to 2018 levels. This may be due in part to recreational burning not being permitted in Clarington. As CEFS has continued to respond to these burning complaints post covid and enforced the by-law, fewer people have continued to conduct recreational burning. 2.8 Despite returning to 2018 response ratio numbers, Clarington experiences one of the highest emergency responses/burning to total call volume ratio amongst comparators. At 3.25% of all emergency calls, only London was higher in 2022 at 3.85%. 2.9 An important distinction between the comparator numbers and Clarington’s is that the comparator responses are generated in communities where recreational burning is Municipality of Clarington Page 5Report PUB-002-25 allowed. Fire personnel must still provide full response to these emergency calls. Simply, allowing recreational burning still generates 911 calls from neighbours regardless of whether it is a permitted activity or not, and fire response cannot change even when suspected to be a nuisance call. 2.10 Each time an emergency response call is received , regardless of nature, as previously stated, the call requires an emergency response involving fire trucks. Given the comparator municipalities have a larger depth of emergency personnel coverage, the potential increase of non-emergency calls due to burning complaints would have a more significant impact on our community versus the larger comparators. When discussing emergency responses with London, it was confirmed that the Fire Department deals with high volumes of smoke complaints and residents leaving fires unattended. The Deputy Chief advised Clarington to evaluate the potential impacts to response coverage. In London, it has impacted Fire’s response coverage while crews have been tied up at open air and recreational fire responses . 2.11 As well, firefighters will be required to become engaged in neighbour disputes regarding recreational burning. The responding crew will have to call the complainant explaining that the owner is burning within the By-law parameters, and the recreational burning is permitted. Currently, firefighters do not speak with the complainant, they communicate with the property owner, directing them to extinguish the fire because the fire is causing a nuisance. 2.12 Based on the analysis of both quantitative and qualitative data, staff have determined that allowing recreation burning in the Clarington community is likely to lead to an increase in such activities and associated complaints. This could unnecessarily occupy emergency personnel and resources, thereby negatively affecting the community. 3. Considerations and Scenarios 3.1 Clarington’s proposed By-law 2012-062 is provided and reflects the difference in two scenarios (allowing or not allowing Recreational Burning).  Attachment 1 is the By-Law written to support Scenario One By-law: permitting recreational burning and open-air burning.  Attachment 2 is the By-Law written to support Scenario 2: Open-Air Burn By- law- changing lot size from 10 to 4 acres, no recreational burning 3.2 Staff completed a review and analysis of two different scenarios. After research and consideration, staffs’ recommendation remains to adopt Scenario Two. Municipality of Clarington Page 6Report PUB-002-25 3.3 Scenario One: Allow both Recreational Burning and reduced property size for Open- Air Burning. Advantages of Scenario One Disadvantages of Scenario One  Introducing recreational burning will provide residents with the opportunity to enjoy a recreational fire for personal enjoyment.  Establishes approved devices and property setbacks to safely allow Recreational burning.  No recreational burn permits would be required.  Open-air burning restrictions reduced from 10 acres to 4 acres and increased property setbacks from 15 meters to 30 meters (see further information under scenario two for advantages).  Allowing residents to conduct recreational burning has potential to increase the number of nuisance complaints from neighbours due to smoke and odor in the community. This will require fire crews to respond, impacting response times to subsequent calls.  Exposing more residents to airborne wood burning pollutants may decrease their enjoyment of the outdoors and could lead to negative health effects.  As noted by Clarington’s Climate Change Response Coordinator in Section 7 of this report, there are negative environmental impacts related to open air burning. Clarington’s sustainability goals and overall commitment to being a climate leader differs from this position.  Upon arrival, should fire crews determine that the recreational burning is within the by-law restrictions, they will allow the resident to continue to burn. This could result in increased resident complaints.  Residents who are not happy with neighbourhood smoke from residential burning should be directed to make a formal complaint through the customer service portal. Any person who knowingly, repeatedly or spitefully causes an emergency response to a property where a recreational or open-air fire is being legally conducted in accordance with the By-Law may be liable for costs incurred by the response of CEFS. Municipality of Clarington Page 7Report PUB-002-25 3.4 Scenario Two: Revise current open-air burn bylaw 2012-062 to decrease the minimum acreage size required for open air burning from 10 acres to 4 acres, increase the setback distance requirements to lot lines to help mitigate the impact to neighbours from the potential increase in smoke. Advantages of Scenario Two Disadvantages of Scenario Two  Reducing the minimum lot size from 10 acres to 4 acres to be eligible to conduct open air burning allows more property owners to burn brush from their own property.  Increasing the property set back from 15 meters to 30 meters from the fire location to buildings, structures, property lines, fences, etc., may lessen the neighbourhood impact from the increase in fires due to the acreage decrease.  Open air burning will not be permitted in urban and hamlet areas.  CEFS would provide additional education to the community about the option of using propane or natural gas appliances in residential areas that provides similar enjoyment to wood burning appliances, while being more environmentally friendly.  Residents can utilize the yard waste collection program provided by Durham Region from April to early December. Securely tie brush in bundles up to one meter (three feet) long and 76 centimetres (30 inches) wide. No branch should be more than 10 centimetres (4 inches) in diameter.  Lowering the open-air burning acreage size requirements from 10 acres to 4 acres will likely result in an increase in the number of open-air fires. It may increase the number of nuisance complaints received by CEFS.  Recreational burning would still not be permitted Municipality of Clarington Page 8Report PUB-002-25 4. Recommendation 4.1 CEFS is recommending Scenario two- Revise current open-air burn By-law 2012-062 to decrease the acreage size of those properties allowed to conduct open air burning from 10 acres to 4 acres and increase setback distances. 4.2 Allowing open air burning on residential or agricultural properties that have a minimum lot size of 4 acres and zoned rural under the Clarington Official Plan. 4.3 Setbacks must be at least 30 meters from the f ire location to buildings, structures, property lines, fences, trees or overhead wires, combustible materials, etc. 5. Financial Considerations N/A 6. Strategic Plan N/A 7. Climate Considerations 7.1 Open-air burning produces a mixture of pollutants like carbon dioxide, fine particulate matter, and volatile organic compounds. These pollutants have adverse impacts on the local environment as well as human health. 7.2 Smoke from open-air burning contains black carbon (or “soot”), which is a compound that remains in the atmosphere for a shorter time than other greenhouse gases. Despite their short-lived nature, these chemicals account for a significant amount of global warming. 7.3 Smoke does not stay localized to the site of the fire. A USEPA study found that approximately 70% of black carbon from outdoor smoke ended up inside neighbouring homes which can have a negative impact on the quality of life in the community. 7.4 In rural and agricultural areas, there is concern that these pollutants will settle on crops and local waterbodies or in areas where animals graze. Many of the pollutants released by open-air burning (e.g., dioxins) can be absorbed by animals and end up in food products, like meat and dairy. 7.5 The use of chemically treated wood or improper materials in fire pits can further exacerbate pollution and release toxic chemicals, posing health risks to humans and Municipality of Clarington Page 9Report PUB-002-25 wildlife. Considering the environmental impact resulting from the burning of treated wood, or improper materials, the recommendation contained in thi s report is limited to the burning of brush and other natural items from the property applying for the burn permit. 8. Concurrence Natalie Ratnasingam- Climate Change Response Coordinator, concurs with staff’s recommendation. 9. Conclusion Staff recommend that Scenario Two be adopted as the approved approach to updating the current Open-Air By-Law. Once Council has approved either Scenario One or Scenario Two, the associated by-law will be adopted. Staff Contact: Matt Muirhead, Chief Fire Prevention Officer, 905-260-0773, x2801 or mmuirhead@clarington.net. Attachments: Attachment 1 – 2024-xxx Scenario One - Open-Air Burn By-Law (Allowing Recreational and Open-Air Burning) Attachment 2 - 2024-xxx Scenario Two - Open-Air Burn By-Law (4 Acre allowance and No Recreational Burning) Interested Parties: The following interested parties will be notified of Council's decision: Brain Sweny, Resident of the Municipality of Clarington Attachment 1 to Report PUB-002-25 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law YYYY-NN 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; And whereas, part 2 of the Ontario Fire Code, O.Reg. 213/07, subsection 2.4.4.4 (1) provides that open air burning shall not be permitted unless approved, or unless such burning consists of a small, confined fire, supervised at all times, used to cook food on a grill, spit, or barbecue, and commensurate with the type and quantity of food being cooked; And whereas, the municipal Act, 2001, S.O 2001, c 25, Section 11 (2), provides that a council of a lower-tier and upper-tier may pass by-laws with respect to the economic, social and environmental well-being of the municipality, including respecting climate change, and the health, safety and well-being of persons; And whereas, the municipality Act, 2001, S.O 2001 c. 25, Section 391 (1) provides that a municipality may pass by-laws imposing fees or charges on Persons for services or activities provided or done by or on behalf of it, including permit fee; Now therefore, the Council of The Corporation of the Municipality of Clarington enacts as follows: Open Air Burning By-law Page 1 of 13 PART 1 – INTERPRETATION 1. Definitions 1.1. For the purpose of this By-law, (a) “Agricultural Burn” means a burn permit for agricultural properties that fall within the normal farm practices as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1. (b) “Barbeque” means an appliance that is designed and approved by a recognized testing agency and intended solely for cooking food by a small, confined fire. Barbeques must be used in accordance with the manufacturer’s instructions, but it does not include devices predominantly designed for personal warmth, or recreational fires. (c) “Burn Ban” means no person shall set a fire within the Municipality of Clarington while the burn ban is imposed by the Fire Chief. (d) “Cost recovery” means where section 10 of this By-law is invoked, all costs associated with the work may be added to the tax roll of the property to which the offense occurred and shall be collected in the same manner as municipal taxes pursuant to the municipal Act 2001, c. 25, s. 398 (2). (e) “Fire Chief” means the Fire Chief of the Municipality or a designate. (f) “Flying Lantern” means a small hot air balloon or other device designed to carry an open flame as an airborne light, also known as a Sky Lantern, Chinese Lantern, Kongming Lantern, Wish Lantern, or other similar devices which are devices containing a fuel source, which is usually a petroleum or wax based fuel that when lit causes the lantern to rise. (g) “Municipality” means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires. (h) “Nuisance” means smoke or flames, odour, airborne sparks or embers that inhibits neighbours’ ability to enjoy their properties or conduct business without disruption. (i) “open-air burn” means the burning of any materials outside of a building, including without limiting the generality of the foregoing, brush or tree limbs, agriculture waste, where the flame is not wholly contained and is, thereby, open to the air. (j) “Outdoor fireplace” means an manufactured appliance, portable or fixed in place, constructed of non-combustible materials, which contains a chamber located within the firebox of the appliance used to contain a combustion flame, a vent or chimney to control the flow of air or combustion gases from the appliance, a spark screen located at the end of the vent or chimney to control disbursement of sparks, and is enclosed on all sides or protected with a spark screen on all sides. The appliance is intended solely for containing a small recreational fire that is no larger than 1m x 1m x 1m high. (k) “Recognized testing agency” means Underwriters Laboratories of Canada, Canada Standards Association, Warnock Hersey or similar agencies that test, approve and certify products for use. (l) “Recreational burning” means a fire that is set and maintained solely for the purpose of providing warmth or recreational enjoyment which is contained to an outdoor fireplace. (m) “refuse” means many articles, thing, matter or any effluent belonging to or associated with a house or household, any industry, trade or business and without limiting the foregoing, may include: i. Accumulation of remains, rubbish or trash. ii. Litter, including paper, cartons, newspapers, flyers, cardboard, and/or packing. iii. Machinery and machinery equipment and/or parts, including but not limited to vehicular parts and or accessories, tires, furnace and/or furnace parts, pipes and/or pipe fittings, water tanks, fuel tanks, and/or septic tanks, tubing, conduit, cable. (n) “Small, confined fire” means a barbeque appliance that has been approved by a recognized testing agency for solely cooking food. (o) “Self-contained residential dwelling unit” means a suite operated as a housekeeping unit, used or intended to be used by one or more persons that contains cooking, eating, living, sleeping and sanitary facilities (p) “Spark screen” means a manufactured non-removable metal screen guard, that keeps the sparks and embers contained within the outdoor fireplace. (q) “owner” means the person identified in the most recent tax roll as the owner of a property. (r) “Permit” means a approved document issued to an owner in accordance with this by-law. (s) “Person” includes an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and their heirs, executors, or legal representatives. (t) “Urban areas or Hamlet residential properties” are properties as designated in the Clarington Official Plan. 2. References 2.1. In this by-law, reference to any Act is reference to that Act as it is amended or re - enacted from time to time. 2.2. Unless otherwise specified, references in this by-law to sections are references to sections in this by-law. 3. Word Usage 3.1. This by-law shall be read with all changes in gender or number as the context may require. 3.2. A grammatical variation of a word or expression defined has a corresponding meaning. 4. Application 4.1. This by-law applies to all land within the Municipality unless otherwise specified. PART 2- GENERAL CONDITIONS FOR ALL BURNING 5. General conditions for Open-Air Burning: 5.1. No persons shall set an open-air burn in the Municipality of Clarington without an approved burn permit. Open-air burning is permitted for residential properties that have 4 acres or more. 5.2. Open-Air burning is not permitted in “Urban areas or Hamlet residential properties”. 5.3. Open-air burn permits will be issued to the owner of the property. Occupant leasing the property can apply for a permit but must obtain written consent from the owner of the property. Multi-residential properties containing 3 or more self - contained residential dwelling units are not permitted to burn unless approved by the Fire Chief or assigned designates. 5.4. The holder of an open-air burn permit shall at all times, have a competent adult (18 years or older), remain at the burn site for the purpose of tending, controlling and supervising the fire. 5.5. Every person responsible for tending, controlling and supervising the burn shall ensure that the fire is completely extinguished before leaving the burn site. 5.6. No burning shall be maintained when weather conditions can cause any or all of the following: a) A decrease in visibility on any highway or roadway; b) A rapid spread of fire through grass or brush area; c) A public nuisance by creating negative health effects or interference on neighbouring residents. 5.7. No person shall burn during a Fire Ban or when a smog alert has been declared by the Ministry of Environment for Ontario with respect to air quality. 5.8. No person shall burn materials other than, brush or tree limbs or dry season wood. 5.9. No person shall ignite or release any ignited flying lanterns. 5.10. No open-air burn permits are permitted on urban commercial properties, industrial properties, salvage yards or construction sites, unless approved by the Fire Chief or assigned designates. 5.11. The holder of the open-air burn permit shall have an effective extinguishing agent or device of sufficient size and the capability of extinguishing the fire, at the burn site and readily available for use at all times. 5.12. If there is a nuisance complaint filed for the property and Clarington Emergency and Fire Services have determined that the open-air burning is in compliance with the By-law, they will allow the resident to continue to burn. 5.13. The Clarington Emergency and Fire Services shall be exempt from the provision of this By-law with respect to open-air burning for educational and training purposes. 5.14. Any person who contravenes any provision of this By-law is guilty of an offense and upon conviction is liable to a fine as set out in section 10. 5.15. The Fire Chief or appointed designate may approve or refuse any permit application and may impose any additional conditions to reduce t he risk of fire spreading. 5.16. The Fire Chief or appointed designate may revoke a permit if any or all the following applies: a) The permit was issued in error, b) Any conditions in the By-law are not being compiled with, c) The permit information was false, incorrect or misleading, 5.17. If a burning permit is revoked due to section (a) (b) (c), the application fee shall not be returned. 5.18. No permit is required for burning in a barbeque that has been approved by a recognized testing agencies for cooking food using commercially produced charcoal, briquettes if they are used safely and in accordance with the manufacturing instructions. 5.19. No permit is required for commercially designed heating devices that have been approved by recognized testing agencies that are fueled by natural or propane gas and used safely in accordance with the manufacturing instructions. 6. General conditions for Agriculture Burning: 6.1. No persons shall set an agricultural burning in the Municipality of Clarington without an approved burn permit. Agricultural properties must have 4 acres or more. 6.2. Agricultural burns are not permitted in “Urban areas or Hamlet residential properties”. 6.3. Agricultural Burn permits will be issued to the owner of the property. Occupants leasing the property can apply for a permit but must obtain written consent from the owner of the property. 6.4. The holder of the agricultural burn permit shall at all times, have a competent adult (18 years or older), remain at the burn site for the purpose of tendi ng, controlling and supervising the fire 6.5. Every person responsible for tending, controlling and supervising the burn shall ensure that the fire is completely extinguished before leaving the burn site 6.6. No burning shall be maintained when weather conditions can cause any or all of the following: a) A decrease in visibility on any highway or roadway; b) A rapid spread of fire through grass or brush area; c) A public nuisance by creating negative health effects or interference on neighbouring residents 6.7. No person shall burn during a Fire Ban or when a smog alert has been declared by the Ministry of Environment for Ontario with respect to air quality. 6.8. No person shall burn materials other than brush, trees, dry seasoned wood 6.9. No person shall ignite or release any ignited flyin g lanterns 6.10. The holder of the agricultural permit shall have an effective extinguishing agent or device of sufficient size and the capability of extinguishing the fire, at the burn site and readily available for use at all times. 6.11. If there is a nuisance complaint filed for the property and Clarington Emergency and Fire Services have determined that the open -air burning is in compliance with the By-law, they will allow the resident to continue to burn. 6.12. Any person who contravenes any provision of this By-law is guilty of an offense and upon conviction is liable to a fine as set out in section 10. 6.13. The Fire Chief or appointed designate may approve or refuse any permit application and may impose any additional conditions to reduce the risk of fire spreading. 6.14. The Fire Chief or appointed designate may revoke a permit if any or all the following applies: a) The permit was issued in error, b) Any conditions in the By-law are not being compiled with, c) The permit information was false, incorrect or misleading, 6.15. If a burning permit is revoked due to section (a) (b) (c), the application fee shall not be returned. 6.16. No permit is required for burning in a barbeque that has been approved by a recognized testing agency for cooking food using commercially produced charcoal, briquettes, if they are used safely and in accordance with the manufacturing instructions. 6.17. No permit is required for commercially designed heating devices that have been approved by recognized testing agencies that are fueled by natural or propane gas and used safely in accordance with the manufacturing instructions. 7. General conditions for Recreational Burning: 7.1. No permit is required for recreational burning if the; owner adheres to the following conditions: 7.2. Occupant leasing the property must have written permission from the owner to recreational burn. 7.3. The owner or occupant has a competent adult (18 years or older), remain at the burn site for the purpose of tending, controlling and supervising the fire 7.4. No burning shall be maintained when weather conditions can cause any or all of the following: a) A decrease in visibility on any highway or roadway; b) A rapid spread of fire through grass or brush area; c) A public nuisance by creating negative health effects or interference on neighbouring residents 7.5. No person shall burn during a Fire Ban or when a smog alert has been declared by the Ministry of Environment for Ontario with respect to air quality. 7.6. No person shall burn materials other than, dry seasoned wood logs 7.7. No person shall ignite or release any ignited flying lanterns 7.8. Recreational burning is not permitted on urban commercial properties, industrial properties, salvage yards or construction sites, unless approved by the Fire Chief or assigned designates. 7.9. The owner or occupant of the property shall have a garden hose located in close proximity to the fire and ensure the water supply valve is fully opened to facilitate quick and thorough extinguishment of the fire. 7.10. Every person responsible for tending, controlling and supervising the fire shall ensure that the fire is completely extinguished before leaving the burn site. 7.11. If there is a nuisance complaint filed for the property and Clarington Emergency and Fire Services have determined that the open -air burning is in compliance with the By-law, they will allow the resident to continue to burn. 7.12. Any person who contravenes any provision of this By-law is guilty of an offense and upon conviction is liable to a fine as set out in section 10. 7.13. Owner or occupants of the property are permitted to use a barbeque that has been approved by a recognized testing agencies for cooking food using commercially produced charcoal, briquettes, if they are used safely and in accordance with the manufacturing instructions. 7.14. Owner or occupants of the property are permitted to use commercially designed heating devices that have been approved by recognized testing agencies that are fueled by natural or propane gas and used safely in accordance with the manufacturing instructions. 7.15. The owner or occupant shall: a) Burn at ground level on a non-combustible surface. b) Burn must be contained within an outdoor fireplace, max appliance size of 1m x 1m x 1m. c) Burn shall be at least 5m (16ft) from property lines, fences, street/road/highway, overhead wires, structures, trees and bush/hedges or other combustible materials. d) Burning shall be conducted between 10:00 a.m. to 10:00 p.m. e) No person shall burn any refuse, grass clippings or leaves. PART 3 – PERMITS for Open-Air & Agricultural Burning 8. Permit Applications 8.1. Any person wishing to set an open-air burn or agricultural burn shall submit a burn permit application for thirty (30) day or twelve (12) months to Clarington Emergency and Fire Services for review and approval. 8.2. Open-air burning conditions – The holder of the open-air burn permit shall, in addition to complying with Part 2 of this By-law, comply with the following: a) Shall burn at ground level b) Burn must be contained within a base/pit with a pile no larger than 1m x 1m x 1m (3.3ft x 3.3ft x 3.3ft). c) All materials to be burned is, brush or tree limbs from the property d) Burn shall be at least 30m (100ft) from property lines, fences, street/road/highway, overhead wires, structures, trees and bush/hedges or other combustible materials. e) Burning shall be conducted between 10:00 a.m.to 10:00 p.m. f) No person shall burn any refuse, grass clippings or leaves. g) Properties where the burn is occurring must be a minimum of 4 acres in size. 8.3. Agriculture burn permit Conditions – The holder of the agricultural burn permit shall, in addition to complying with Part 2 of this By-law, comply with the following: a) Shall burn at ground level, b) Burn must be contained within a base/pit no larger than 3m x 3m x 3m (9.8ft x 9.8ft x 9.8ft). c) All materials to be burned are agricultural waste from normal farm practice as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1. d) Burn shall be at least 30 m (100ft) from property lines, fences, street/road/highway, overhead wires, structures, trees and bush/hedges, or other combustible materials. e) Burning shall be conducted between 10:00 am to 10:00 pm f) No person shall burn any refuse, grass clippings or leaves. g) Properties where the burn is occurring must be a minimum of 4 acres. PART 4 - ENFORCEMENT 9. Inspections 9.1. In this section, “Officer” means any employee, officer or agent of the Municipality of Clarington whose duties include the enforcement of this by-law. 9.2. 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. 9.3. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an Officer. 10. Offences and Penalties 10.1. Any person who contravenes any provision of this by-law is guilty of an offense and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offenses Act, R.S.O. 1990, c. P.33. 10.2. Any person who contravenes the provisions of the By-law is guilty of an offense and upon conviction shall be liable to the penalties imposed pursuant to the Fire Protection and Prevention Act, 1997, S.O. 1997, c 4, as amended for each offense, exclusive of costs. 10.3. Any person who knowingly, repeatedly or spitefully causes a response from the Fire Department upon any person having an recreational or open air fire legally under this By-law is in contravention of the Bylaw and may be liable for costs incurred by the Fire Department as set out in the Municipality of Clarington fee schedule By-law in the effect at the time of the incident and authorized by the Fire Chief or assigned designates. 10.4. Any person who sets an recreational burn , open-air burn or agricultural burn in the Municipality of Clarington, assumes full responsibility for fire control and may be liable for cost recovery incurred by Clarington Emergency and Fire Services and or mutual aid partnering Fire Departments, including but not limited to; costs of the personnel and equipment as authorized and set out in the Municipality of Clarington fee schedule By-law in effect at the time of the incident and authorized by the Fire Chief or assigned designates. PART 5 - GENERAL 11. Validity 11.1. In the event any court of competent jurisdiction declares any section or provision of this By-law to be invalid, or be of no force and effect for any cause, such section or provision thereof shall be deemed severable from the remainder of the By-law and the remainder of the By-law shall stand to be enforceable to the same extent as if the offending section or provision thereof had not been included herein. 12. Short Title 12.1. The short title of this by-law shall be the “Open Air Burning By-law”. 13. Repeal 13.1. That By-law No. 2012-062 be repealed. 14. Effective Date 14.1. This by-law shall be effective on the date that it is passed. Passed in Open Council this XX day of MMMM, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-XXX dated XXXX XX, 2024. Attachment 2 to Report PUB-015-24 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law YYYY-NN 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; And whereas, part 2 of the Ontario Fire Code, O.Reg. 213/07, subsection 2.4.4.4 (1) provides that open air burning shall not be permitted unless approved, or unless such burning consists of a small, confined fire, supervised at all times, used to cook food on a grill, spit, or barbecue, and commensurate with the type and quantity of food being cooked; And whereas, the municipal Act, 2001, S.O 2001, c 25, Section 11 (2), provides that a council of a lower-tier and upper-tier may pass by-laws with respect to the economic, social and environmental well-being of the municipality, including respecting climate change, and the health, safety and well-being of persons; And whereas, the municipality Act, 2001, S.O 2001 c. 25, Section 391 (1) provides that a municipality may pass by-laws imposing fees or charges on Persons for services or activities provided or done by or on behalf of it, including permit fee; Now therefore, the Council of The Corporation of the Municipality of Clarington enacts as follows: Open Air Burning By-law Page 1 of 9 PART 1 – INTERPRETATION 1. Definitions 1.1. For the purpose of this By-law, (a) “Agricultural Burn” means a burn permit for agricultural properties that fall within the normal farm practices as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1. (b) “Barbeque” means an appliance that is designed and approved by a recognized testing agency and intended solely for cooking food by a small, confined fire. Barbeques must be used in accordance with the manufacturer’s instructions, but it does not include devices predominantly designed for personal warmth, or recreational fires. (c) “Burn Ban” means no person shall set a fire within the Municipality of Clarington while the burn ban is imposed by the Fire Chief. (d) “Cost recovery” means where section 8 of this By-law is invoked, all costs associated with the work may be added to the tax roll of the property to which the offense occurred and shall be collected in the same manner as municipal taxes pursuant to the municipal Act 2001, c. 25, s. 398 (2). (e) “Fire Chief” means the Fire Chief of the Municipality or a designate. (f) “Flying Lantern” means a small hot air balloon or other device designed to carry an open flame as an airborne light, also known as a Sky Lantern, Chinese Lantern, Kongming Lantern, Wish Lantern, or other similar devices which are devices containing a fuel source, which is usually a petroleum or wax based fuel that when lit causes the lantern to rise. (g) “Municipality” means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires. (h) “Nuisance” means smoke or flames, odour, airborne sparks or embers that inhibits neighbours’ ability to enjoy their properties or conduct business without disruption. (i) “open-air burn” means the burning of any materials outside of a building, including without limiting the generality of the foregoing, b rush or tree limbs, agriculture waste, where the flame is not wholly contained and is, thereby, open to the air. (j) “Outdoor fireplace” means an manufactured appliance, portable or fixed in place, constructed of non-combustible materials, which contains a chamber located within the firebox of the appliance used to contain a combustion flame, a vent or chimney to control the flow of air or combustion gases from the appliance, a spark screen located at the end of the vent or chimney to control disbursement of sparks, and is enclosed on all sides or protected with a spark screen on all sides. The appliance is intended solely for containing a small recreational fire that is no larger than 1m x 1m x 1m high. (k) “Recognized testing agency” means Underwriters Laboratories of Canada, Canada Standards Association, Warnock Hersey or similar agencies that test, approve and certify products for use. (l) “Recreational burn” means a fire that is set and maintained solely for the purpose of providing warmth or recreational enjoyment which is contained to an outdoor fireplace. (m) “refuse” means many articles, thing, matter or any effluent belonging to or associated with a house or household, any industry, trade or business and without limiting the foregoing, may include: i. Accumulation of remains, rubbish or trash. ii. Litter, including paper, cartons, newspapers, flyers, cardboard, and/or packing. iii. Machinery and machinery equipment and/or parts, including but not limited to vehicular parts and or accessories, tires, furnace and/or furnace parts, pipes and/or pipe fittings, water tanks, fuel tanks, and/or septic tanks, tubing, conduit, cable. (n) “Small, confined fire” means a barbeque appliance that has been approved by a recognized testing agency for solely cooking food. (o) “Self-contained residential dwelling unit” means a suite operated as a housekeeping unit, used or intended to be used by one or more persons that contains cooking, eating, living, sleeping and sanitary facilities (p) “Spark screen” means a manufactured non-removable metal screen guard, that keeps the sparks and embers contained within the outdoor fireplace. (q) “owner” means the person identified in the most recent tax roll as the owner of a property. (r) “Permit” means a approved document issued to an owner in accordance with this by-law. (s) “Person” includes an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and their heirs, executors, or legal representatives. (t) “Urban areas or Hamlet residential properties” are properties as designated in the Clarington Official Plan. 2. References 2.1. In this by-law, reference to any Act is reference to that Act as it is amended or re - enacted from time to time. 2.2. Unless otherwise specified, references in this by-law to sections are references to sections in this by-law. 3. Word Usage 3.1. This by-law shall be read with all changes in gender or number as the context may require. 3.2. A grammatical variation of a word or expression defined has a corresponding meaning. 4. Application 4.1. This by-law applies to all land within the Municipality u nless otherwise specified. PART 2- GENERAL CONDITIONS FOR ALL BURN PERMITS 5. General 5.1. No persons shall set an open-air burn or agricultural burn in the Municipality of Clarington without an approved burn permit. Open -air burning is permitted for residential & agricultural properties that have 4 acres or more. 5.2. Recreational burns are not permitted in the Municipality of Clarington and no burn permits shall be issued for them. 5.3. Open Air burns are not permitted in “Urban areas or Hamlet residential properties”. 5.4. Burn permits will be issued to the owner of the property. Occupants of the property can apply for a permit but must obtain written consent from the owner of the property. Multi-residential properties containing 3 or more self -contained residential dwelling units are not permitted to burn unless approved by the Fire Chief or assigned designates. 5.5. The holder of a burn permit shall at all times, have a competent adult (18 years or older), remain at the burn site for the purpose of tending, controlling and supervising the fire. 5.6. Every person responsible for tending, controlling and supervising the burn shall ensure that the fire is completely extinguished before leaving the burn site. 5.7. No burning shall be maintained when weather conditions can cause any or all of the following: a) A decrease in visibility on any highway or roadway; b) A rapid spread of fire through grass or brush area; c) A public nuisance by creating negative health effects or interference on neighbouring residents. 5.8. No person shall burn during a Fire Ban or when a smog alert has been declared by the Ministry of Environment for Ontario with respect to ait quality 5.9. No person shall burn materials other than, commercially produced charcoal, briquettes, brush or tree limbs or agricultural waste. 5.10. No person shall ignite or release any ignited flying lanterns 5.11. No burn permits are permitted on urban commercial properties, industrial properties, salvage yards or construction sites, unless approved by the Fire Chief or assigned designates. 5.12. The holder of the burn permit shall have an effective extinguishing agent or device of sufficient size and the capability of extinguishing the fire, at the burn site and readily available for use at all times. 5.13. If there is a nuisance complaint filed for the property, Clarington Emergency and Fire Services shall direct the fire to be extinguished immediately. 5.14. The Clarington Emergency and Fire Services shall be exempt from the provision of this By-law with respect to open-air burning for educational and training purposes. 5.15. Any person who contravenes any provision of this By-law is guilty of an offense and upon conviction is liable to a fine as set out in section 8. 5.16. The Fire Chief or appointed designate may approve or refuse any permit application and may impose any additional conditions to reduce the risk of fire spreading. 5.17. The Fire Chief or appointed designate may revoke a permit if any or all the following applies: a) The permit was issued in error, b) Any conditions in the By-law are not being compiled with, c) The permit information was false, incorrect or misleading, 5.18. If a burning permit is revoked due to section (a) (b) (c), the application fee shall not be returned. 5.19. No permit is required for burning in a barbeque that has been approved by a recognized testing agencies for cooking food, if they are used safely and in accordance with the manufacturing instructions. 5.20. No permit is required for commercially designed heating devices that have been approved by recognized testing agencies that are fueled by natural or propane gas and used safely in accordance with the manufacturing instructions. PART 3 - PERMITS 6. Permit Applications 6.1. Any person wishing to set an open-air burn or agricultural burn shall submit a burn permit application for thirty (30) day or twelve (12) months to Clarington Emergency and Fire Services for review and approval. 6.2. Open-air burning conditions – The holder of the open-air burn permit shall, in addition to complying with Part 2 of this By-law, comply with the following: a) Shall burn at ground level b) Burn must be contained within a base/pit with a pile no larger than 1m x 1m x 1m (3.3ft x 3.3ft x 3.3ft). c) All materials to be burned is, brush or tree limbs from the property d) Burn shall be at least 30m (100ft) from property lines, fences, street/road/highway, overhead wires, structures, trees and bush/hedges or other combustible materials. e) Burning shall be conducted between 10am to 8pm. f) No person shall burn any refuse, grass clippings or leaves. g) Properties where the burn is occurring must be a minimum of 4 acres in size. 6.3. Agriculture burn permit Conditions – The holder of the agricultural burn permit shall, in addition to complying with Part 2 of this By-law, comply with the following: a) Shall burn at ground level, b) Burn must be contained within a base/pit no larger than 3m x 3m x 3m (9.8ft x 9.8ft x 9.8ft). c) All materials to be burned are agricultural waste from normal farm practice as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1. d) Burn shall be at least 30 m (100ft) from property lines, fences, street/road/highway, overhead wires, structures, trees and bush/hedges, or other combustible materials. e) Burning shall be conducted between 10:00 a.m. to 8:00 p.m. f) No person shall burn any refuse, grass clippings or leaves. g) Properties where the burn is occurring must be a minimum of 4 acres. PART 4 - ENFORCEMENT 7. Inspections 7.1. In this section, “Officer” means any employee, officer or agent of the Municipality of Clarington whose duties include the enforcement of this by-law. 7.2. 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. 7.3. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an Officer. 8. Offences and Penalties 8.1. Any person who contravenes any provision of this by-law is guilty of an offense and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offenses Act, R.S.O. 1990, c. P.33. 8.2. Any person who contravenes the provisions of the By-law is guilty of an offense and upon conviction shall be liable to the penalties imposed pursuant to the Fire Protection and Prevention Act, 1997, S.O. 1997, c 4, as amended for each offense, exclusive of costs. 8.3. Any person who sets an , open-air burn or agricultural burn in the Municipality of Clarington, assumes full responsibility for fire control and may be liable for cost recovery incurred by Clarington Emergency and Fire Services and or mutual aid partnering Fire Departments, including but not limited to; costs of the personnel and equipment as authorized and set out in the Municipality of Clarington fee schedule By-law in effect at the time of the incident and authorized by the Fire Chief or assigned designates. PART 5 - GENERAL 9. Validity 9.1. In the event any court of competent jurisdiction declares any section or provision of this By-law to be invalid, or be of no force and effect for any cause, such section or provision thereof shall be deemed severable from the remainder of the By-law and the remainder of the By-law shall stand to be enforceable to the same extent as if the offending section or provision thereof had not been included herein. 10. Short Title 10.1. The short title of this by-law shall be the “Open Air Burning By-law”. 11. Repeal 11.1. That By-law No. 2012-062 be repealed. 12. Effective Date 12.1. This by-law shall be effective on the date that it is passed. Passed in Open Council this XX day of MMMM, 2024. _____________________________________ Adrian Foster, Mayor _____________________________________ June Gallagher, Municipal Clerk Written approval of this by-law was given by Mayoral Decision MDE-2024-XXX dated XXXX XX, 2024.