HomeMy WebLinkAboutCD-37-86 (a)
TOWN OF NEWCASTLE
r-¢ REPORT File #
Res.
By-Law #
(STING: General Purpose and Administration Committee
DATE: July 7, 1986
REPORT #: CD-37-86 FILE #: 10.13.3
SUB.ECT: Town of Newcastle
Burning By-law #75-33 As Amended
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . That Report CD-37-86 be received; and
2. That Town of Newcastle By-law #75-33 as amended
be repealed; and
3. That open air burning be prohibited within the
boundaries of the Town of Newcastle, unless approved
in writing by the Fire Chief, pursuant to the Fire
Marshall 's Act, Ontario Regulation 730/81 , Fire
Code; and
4. That all persons presently in possession of burning
permits be advised that such permits have been cancelled;
and
5. That an advertisement be published advising all residents
that open air burning is prohibited in the Town of
Newcastle; and
6. That Resolution GPA-617-86 approving of the recommendation
in Report FD-18 be rescinded.
. . . .2
REPORT CD-37-86 Continued Page 2
BACKGROUND AND COMMENT:
Following the Commitee's approval of the recommendations contained in Report FD-18,
By-law Enforcement reviewed by-law #75-33 as amended and based upon that review,
and comments obtained from other municipalities I would advise as follows:
The by-law is almost impossible to enforce given the structure of the
by-law and the vagueness of Section 2 which states:
"Any person who lights, or causes to be lit, a fire
in the Town of Newcastle, shall place and keep a
competent person at all times in charge of the fire
and shall provide that person with efficient appliances
and equipment in order to prevent the fire from getting
beyond control or causing damage or becoming dangerous."
The difficulty with this section relates to the establishment of definitions
relating to "competence", "efficient appliances", "control of fires" etc.
The amendment to by-law #75-33 (#75-84) provides for an exclusion or special
consideration for two of three wards, "Save and except the burning of leaves
in Ward 1 and 3 in the autumn between September and November provided the
leaves are burned on private property".
The opinion is that burning is no different in an urban setting than a rural one.
Save and except that complaints are more likely to arise in an urban area.
One other issue that encourages staff to recommend the repeal of the by-law and
its replacement with a system which allows the Fire Chief to determine who may
burn is the question of liability. As the approving, or authorizing agency, the
municipality could be joined as a party in an action where damages resulted from
the burning of materials in the open as authorized by a municipal burning permit.
The Town of Newcastle and Ajax, and the Township of Uxbridge have burning by-laws.
The other surrounding municipalities have either repealed, or have never enacted
a burning by-law, preferring to leave the approval of requests for permission
to burn in the hands of the person qualified to deal with them: the Fire Chief.
Staff would therefore request that the Committee support the recommendations
detailed in this report.
Respectfully submitted,
David W. Oakes, Bria rP. Ir in,
ClerkJAdministrator. By-1 w E rcement Officer.
DWOJBPI/os.