HomeMy WebLinkAboutFD-009-01
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Meeting:
Date:
Report #:
Subject:
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITTEJe # /106E'"
Res. # ibjJll- ~o3 -t) f
By-law # XO/-//3
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JUNE 18,2001
FD-09-0l
10.12.6
OPEN AIR FIRES
RECOMMENDATIONS:
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It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council:
1. ) THAT Report FD-09-0 1 be received;
2.) THAT By-law No. 90-178 be rescinded; and
3.) THAT the attached By-law be approved to replace By-law No. 90-178
BACKGROUND
In 1990 Council passed a by-law to control the setting of open air fires in the
Municipality of Clarington. This by-law was put in place in an attempt to control the
setting of fires in the municipality for the purpose of cleaning up limbs of trees damaged
in storms or for the use ofthe agricultural industry for land clearing and destroying of
diseased limbs from fruit trees, etc.
The existing by-law has worked well reducing the occurrence of illegal open air fires. It
has however, limited the ability of the agricultural industry to have fires of a size
necessary to allow for clearing oflarge parcels ofland in a timely and cost effective
manner.
Continued. . ..
J~O
FD-09-01
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REPORT
A new by-law has been drafted which tightens up the control of smaller fires and clarifies
some of the conditions under which fires are permitted, but will allow for area fanners to
work with the Emergency Services department for larger controlled fires.
Schedule "A" attached is the agreement, which will be used for small fires such as those
presently, allowed, with a permit, and will continue to be subject to the existing $25.00
annual fee.
Schedule "B" attached is for those occasions when a larger fire is required for the
purpose of clearing land, by the agricultural industry, in accordance with the Ministry of
Agriculture Guidelines. It will not be subject to a fee but will be subject to specific
requirements as set out and agreed to by both parties.
RECOMMENDATIONS
It is respectfully recommended:
That Report FD-09-01 is received.
That By-law No. 90-178 be rescinded; and
That the attached By-law be approved to replace By-law No. 90-178.
Respectfully submitted,
Reviewed by,
o (<y..>~ k_(_~L~~...
Franklin Wu,
Chief Administrative Officer
Attachments (2)
741
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2001_
Being a By-law regulating the setting of fires in the open air
within the Municipality of Clarington
and to repeal By-law 90-178
WHEREAS the Municipal Act. R.S.O. 1990, c.MA5, subsection 210(35),
authorizes the Councii of a Municipality to pass a by-law to prescribe the times
durin9 which fires may be set in the open air and the precautions to be observed
by persons setting out fires.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS:
1. No person shall set, maintain or allow to burn a fire in the open air in
the Municipality of Clarington.
2. Notwithstanding Section 1 a person may make application to obtain a
permit in the form set out in Schedule "A" attached hereto and forming
a part of this By-law from the Emergency Services Department for the
Municipality of Clarington, subject to the restrictions and conditions as
set out hereinafter and provided all required information is included.
3. Any person setting. maintaining or allowin9 to burn a fire and all
owners of property upon which a fire is set, maintained or allowed to
burn in the open air in the Municipality of Clarington shall, if the fire is
not permitted pursuant to the By-law or does not otherwise comply with
the regulations set out herein. be liable for the payment of a fee
comprised of the cost of any fire fighting equipment and personnel
necessary to attend at or extinguish the said fire, which cost (including
the payment of any Interest) will be calculated in accordance with
Schedule"C" hereof. In addition to any other remedy avaiiable to the
Municipality of Clarington, the said fee shall constitute a debt owning
by the person to the Municipality of Clarington and the Municipality
shall, if such amounts remain unpaid sixty (60) days following
notification of the amounts owing pursuant to Section 3,1 hereof, add
the amounts owing to the tax roll for the real property of the person
who is responsible for paying the fees and such amounts may be
collected and recovered in like manner as municipal taxes.
3.1 The Municipality of Clarington shall, prior to adding any amounts
owing pursuant to subsection 3. hereof to the tax roll of any property,
provide at least ten (10) days written notice of its intention to do so.
3.2 Any person owing money to the Municipality pursuant to subsection 3
shall pay to the Municipality, in addition to the amounts so owing, such
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interest on the amounts as are set out in Schedule "C" hereof and
such interest shall be caiculated in the manner set out in the said
Scheduie "Co.
4. Where a permit has been issued, no person shail set, maintain or ailow
to bum a fire in the open air in the Municipaiity of Clarington which:
a) causes smoke damage or fire damage to property;
b) decreases visibility or creates a hazard on any public or private
roadway:
c) spreads rapidly through any grass or bush area;
d) is greater than 1.0 cubic metre.
e) is set under weather cond~ions that limit the rapid dispersion of
smoke;
f) involves petroleum products, plastics, rubber, household garbage,
building or demolition materials or other materials that create
excessive or toxic smoke or excessive odour:
g) is located within 15 metres of any building, structure, tree or
overhead wire:
h) has not been cleared of ail flammable vegetation and materiais
within a 15 metre radius ofthe fire;
i) is not attended at ail times by the person to whom the permit was
issued or another responsible adult as named in Schedule A of this
by-law until the fire is extinguished: and
j) commences earlier than one-half hour before sunrise or terminates
later than one-half hour after sunset in any day.
5. The Fire Chief of the Municipality of Clarington, or his designate, in
their sole and absolute discretion may:
a) enter into a written agreement with any person for a controiled burn
in the form set out in Schedule "B" attached hereto and forming part
of this By-law:
b) provide in the controiled burn agreement that the requirements set
out in subsection 4(d) of this By-law does not apply to the controiled
burn; and
c) impose such further and other requirements regarding the fire as
he, in his sole and absolute discretion, deems appropriate.
6. Nothin9 in this By-law shail:
a) prevent the setting of a fire on a 9rille or in a barbec~a unit,
provided:
i) the unit is safely constructed;
ii) the unit is located in a safe, cleared area:
iii) the fire is of a reasonable size as determined by the fire
official, but in no case to exceed 1.0 Gubic meters:
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iv) fire is for cooking purposes only: and
v) the provisions of Section 4 of this By-law are complied with;
7. Any person. who contravenes any ofthe provisions of this By-law,
including any requirement contained in open air fire perm~ or a
controlled burn agreement under Section 5 of this By-law, is guilty of
an offence and shall, upon conviction, be liable to punishment as
provided under the Provincial Offences Act.
8. Should any paragraph, cia use or phrase in this by-law be declared by
a court of competent jurisdiction to be invalid in whole or in part. the
validity of the other provisions of the By-law shall not be affected
thereby, the intent of Council being that each provision of the By-law
shall be determined to be separately valid and enforceable to the
fullest extent permitted by law.
9. The short@eofthis By-law shall be the "Open Air Burning By-law".
10. The provisions of this By-law shall be administered by the Clarington
Emergency Services Department.
11. By-law No. 90-178 and all amendments thereto are hereby repealed.
12. This By-law shall come into full force and effect on the date of passage
thereof
By-law read a first time this day of
2001.
By-law read a second time this day of
2001.
By-law read a third and finally passed this
day of
2001.
JOHN MUTTON, MAYOR
PATTI L. BARRIE, MUNICIPAL CLERK
744
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
EMERGENCY SERVICES
2430 Highway No.2
Bowmanville, ON L1C 3K7
905-623-5126 Fax: 905-623-3073
BY-LAW 01-
SCHEDULE "A"
OPEN AIR FIRE PERMIT
Date Issued:
Expiry Date:
Permit Number:
PERSONAL INFORMATION
Applicant's Name:
Applicant's Address:
Other Responsible Adult:
Phone Number at site:
FIRE INFORMATION
Location of Fire:
(municipal address)
Lot:
Concession:
Township:
Means of Extinguishing Fire:
THIS PERMIT IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS
1. The Appiicant acknowledges having read and understood By-law 01-
2. Written approval is required from the Fire Chief, or designate for every
fire set or continuing after one-half hour after sunset, save and except
a fire referred to in Section 6 of By-law 01-
3. The Applicant is responsible to comply with all applicable legislation.
4. The Appiicant shall post this Fire Permit at the location of the fire.
APPliCANT'S SIGNATURE:
ISSUER'S SIGNATURE:
FIRE DEPARTMENT EMERGENCY NUMBER 9-1-1
THIS PERMIT IS VALID FOR ONE CALENDAR YEAR
745
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
EMERGENCY SERVICES
2430 Highway No.2
Bowmanville, ON L 1 C 3K7
BY-LAW 01-
SCHEDULE "B"
AGREEMENT FOR CONTROLLED BURN
Date Issued:
Expiry Date:
Permit Number:
Personal Information
Applicant's Name:
Applicant's Address:
(Green Municipal Number and Street or Concession Road)
Other Responsible Adult:
Phone Number at Site:
Fire Information
THIS PERMIT IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS
1. The Applicant acknowledges having read and understood By-law No. 01-
2. Written approval is required from the Fire Chief, or designate for every
fire set or continuing after one-half hour after sunset, save and except
a fire referred to in Section 6 of By-law No. 01-
3. The Applicant is responsible to comply with applicable legislation.
4. The Applicant shall post this Fire Permit at the location of the
telephone nearest the fire for easy access to emergency telephone
numbers listed below.
5. The Applicant is not required to comply with subsection 4(d) of By-law
01- being the requirementthat the fire not be greater than 1.0
cubic metre. However. the Applicant shall comply with the following
additional requirements:
Applicant's Signature
Fire Official Signature
EMERGENCY SERVICES DEPARTMENT EMERGENCY NUMBER 9-1-1
THIS PERMIT IS VALID FOR A PERIOD OF THIRTY (30) PAYS FROM THE
DATE ISSUED ABOVE.
746
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
EMERGENCY SERVICES
2430 Highway No.2
Bowmanville, ON L 1 C 3K7
BY-LAW 01-
SCHEDULE "C"
FEES, INTEREST AND PENALTIES
A. Burnino without a Permit
1. Attendance by Emergency Service Personnel it is determined that a
fire has been set, maintained or allowed to bum in contravention of
Section 2 of By-law No. 01
B. Burnino with a Permit - Contravention of Reoulations
1. Attendance by Emergency Services Personnel and it is determined
that a fire has been set, maintained or allowed to burn in contravention
of Section 4 of By-law No. 01-
i)
One-half the costs as determined in Clause B hereof.
ii) Second Occurrence or Subsequent Occurrences on same
property invoiving the same property owner.
In accordance with the costs as determined in Clause B hereof.
Costs Shall be Determined and Assessed as Follows:
i) $350 per truck for the first hour or portion thereof.
ii) $175 per truck for each additional half hour or portion thereof.
iii) Any additional costs of special supplies used including. but not
limited to, fire fighting foam and hazardous material absorbent.
C. Interest (Subsection 3.2)
1. All unpaid amounts owing by any person to the Municipality pursuant to
this By-law shall accrue interest at the rate of 15% (15 percent) per
annum. calculated monthly, in arrears and such amounts shall be paid
and collected in the same manner as the fees set out in section 3 of this
By-law. Interest as set out herein shall be payabie thirty (30) days
following issuance of an invoice by the Municipality for the fees owing
pursuant to this By-law.
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