HomeMy WebLinkAboutFD-6-92 UNFINISHED BUSINESS
THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File #
Date: JULY 6, 1992 . Res. # Xze�-
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By-Law it
Report#:___FD__6.__9_2__ File #:
Subject: BURNING BY-LAW
Recommendations:
It is respectfully recommended.
1. THAT the Report FD6-92 be received;
2 . THAT Burning By-law 90-178 remain in effect as
it presently exists, and
3. THAT the criteria established for obtaining a
permit be adhered to.
1. BACKGROUND
1. 1 In 1990 the Council of the Town of Newcastle approved a
revised by-law to control the setting of fires within the Town
of Newcastle. This revision was made in an attempt to reduce
the burning complaints and illegal burning that, at the time,
were causing a serious increase in nuisance calls, which were
costing the municipality several thousand dollars annually.
1.2 In an attempt to reduce these unnecessary expenditures, the
criteria established for issuing a burning permit is that the
recipients would be land owners who held a minimum of ten
acres in an agricultural zoned area. This was done in an
attempt to reduce the burning complaints from residents who
were living next to a land owner with one or two acres and
burned leaves, grass or brush, causing smoke which disturbed
the neighbours .
1. 3 Neighbourhood disputes in such cases, it is estimated, led to
the majority of the burning complaints over the past five
years . The implementation of the burning by-law in its
present form, in conjunction with the restrictions on who can
obtain a burning permit and the issuing of violations to those
who contravene the by-law, has reduced the number of this type
of call greatly.
Continued. . . . .
FD6-92, Cont'd. - 2 -
1.4 It is estimated that the issuing of Violation Notices has
practically eliminated the need to return for a second call
to those who have been burning in contravention of the burning
by-law. It is believed that, over the next 1 - 2 years, the
illegal burning within the Town of Newcastle can be almost
totally eliminated.
1.5 There are still those who, if allowed to burn will use
whatever method necessary to keep fires burning. This has,
in the past, included the use of old tires, gasoline and
diesel fuel, etc . , all which lead to environmental concerns
not only with the Town but also with the Ministry of Environ-
ment.
1.6 After discussion with Mr. Rod Adams, of the Ministry of
Environment, he advised that although the Ministry does not
restrict the act of open air burning, they do not allow
burning in an area where it will detrimentally affect anyone.
1.7 Smoke is considered an airborne contaminant and under the
Environmental Protection Act, this is not permitted where it
could affect anyone. After discussing with Mr. Adams our
policy of the need for a minimum of ten acres in an
agricultural area, he was in agreement that such burning could
be permitted as it should not directly affect any neighbouring
properties .
2 . CONCLUSIONS
2 . 1 A meeting was held with Councillor Hooper, Chairman of the
Fire Department, to review his concerns regarding the cost to
the municipality for illegal burning calls and burning
complaints . It was decided that an easing of the regulations
or altering of the criteria for obtaining a burning permit
would be detrimental and could increase the costs for such
nuisance calls.
2 .2 Although people wish to burn brush and limbs, and advise that
they would do so with the best intentions, fire is not easily
controlled and accidents will happen. In time, alternatives
should be found to eliminate all burning and thereby reduce
future damage to the environment.
2 .3 Given the concerns of the Ministry of Environment, it would
appear that the present policy should be maintained as the
minimum requirements for obtaining a burning permit within the
Town of Newcastle.
Continued. . . . .
FD6-92, Cont'd. - 3 -
3 . RECOMMENDATIONS
3 . 1 It is respectfully recommended that report FD6-92 be received.
3 .2 That the existing restrictions on open air burning be
maintained, and
3 . 3 That the policy of restricting permits to those residents with
a minimum of ten acres in an agricultural area be enforced.
Respectfully submitted, Approved for presentation
to Committee
Michael G. eighton, AMCT(A) , CMM Lawrence E. Kot ff,
Fire Chief.' Chief AdministrATIve Officer.
MC/sr
June 22, 1992 .
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