HomeMy WebLinkAboutBy-law No. 2006-047 THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2006-047
BEING A BY-LAW TO REGULATE THE SETTING OF
FIRES IN THE MUNICIPALITY OF BAYHAM.
WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, Section 7.1, as
amended, states that a council of a municipality may pass by-laws regulating fire prevention,
including the prevention of the spreading of fires, and 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. 388/97,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, and used to cook food on a grill or barbecue;
AND WHEREAS the Council of the Municipality of Bayham is desirous of enacting a by-law to
regulate the setting of fires;
NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF BAYHAM
HEREBY ENACTS AS FOLLOWS:
1. DEFINITIONS
For the purposes of this by-law
1.1 "Approved"means approved by the Fire Chief or his/her designate;
1.2 "Approved Camp Ground"means an established and organized campground which
has in place an Approved Burning Safety Plan that contains procedures and specifies
facilities provided by the camp ground operator for the safety of the occupants of the
campground; and has been issued a seasonal Burning Permit.
1.3 "Authorized Agent"means any Responsible Person who can provide reasonable
evidence that they are authorized to act for the owner of a particular property.
1.4 "Ban"on Open-Air fires means a restriction or prohibition on Open-Air fires issued
by the Fire Chief or his/her designate.
1.5 "Building"means any structure used or intended for supporting or sheltering any use
or occupancy,but does not include a non-enclosing open-sided structure.
1.6 "Burning Permit"means a written conditional authorization in the form of Form 1 —
Burning Permit(Appendix A), issued and administered by the Municipality to set or
maintain an Open-Air fire, as per any restrictions and conditions contained in this By-
Law or as may be specified on the Burning Permit itself.
1.7 "Burning Safety Plan"means procedures and facilities provided by the Applicant
and/or Owner, and shall include provisions for facilitating emergency vehicle access
and response, and Open-Air fire safety and control, and protection of the
environment.
1.8 "Chiminea"means a device largely made from pottery and which is equipped with a
chimney and a substantially enclosed hearth; and in which a recreational fire may be
set.
1.9 "Combustible"means any material, combination of materials, or arrangement of
materials in which any portion thereof is susceptible to catch fire when exposed to
heat, flame, or other burning materials.
1.10 "Effective Barrier"means an enclosure on the ground with a complete perimeter of
metal,masonry, stone or earth,with the enclosure walls being a minimum height of
1/3 the diameter or width of the enclosure.
1.11 "Exempt"means that,under specified conditions, a particular type or configuration of
Open-Air fire does not require a Burning Permit.
Page 2 of 12
1.12 "Incinerator"means a device that is operated and Regulated(licensed)under a
Certificate of Approval from the Ontario Ministry of the Environment and is not
subject to the requirements of this By-law.
1.13 "Made Safe"means that all reasonable and prudent steps are taken to guard against
injury to persons due to the fire deteriorated condition of a structure or property and
may include,but not be limited to erecting barriers and signs; grading of property;
demolition of unstable structures; and the removal of residue left from the burning
process.
1.14 "Multi-unit Residential Building"means any building in which there are three or
more residential dwelling units as defined by the Ontario Building Code.
1.15 "Municipal Law Enforcement Officer"means that person, or persons, appointed by
Council of the Municipality of Bayham for the purpose of enforcing Municipal By-
laws.
1.16 "Occupancies"means the use or intended use of a building or part thereof as defined
in the Ontario Building Code.
1.17 "Open-Air fire"means:
1.17.1 any fire set outdoors,i.e. not in an enclosed building; or
1.17.2 any fire set in a device or appliance located outside of a building;
1.17.3 but does not include:
1.17.3.1 fires in Incinerators; or
1.17.3.2 fires in devices installed outside of a building and that are used as a source
of heat or power for the building or that are ancillary to a manufacturing
process, and provided that such device is certified for the purpose by a
recognized and appropriate agency.
1.18 "Responsible Person"means any adult person(18 years of age or older)who, in the
opinion of a Municipal Law Enforcement Officer, is capable of exercising the
required judgment and capable of performing the necessary actions to control a fire
and prevent its unwanted spread.
1.19 "Rural Area"means any lands located outside of the Urban areas as designated in the
zoning bylaw schedules detailed in Schedule C attached to this By-law.
Notwithstanding the boundaries listed in Schedule C, any particular property falling
within a designated Urban area boundary that meets the following zoning categories is
considered a Rural Area for the purposes of this By-law:
1.19.1 Commercial(C); only properties located outside the boundaries of the Urban areas
as designated in the zoning by-law schedules detailed in Schedule C attached to
this By-law
1.19.2 Hazard Lands (HL); only that portion that is within 30 meters (98.43 feet)of the
Lake Erie shoreline(i.e. water's edge)
1.19.3 Industrial (M); only properties located outside the boundaries of the Urban areas
as designated in the zoning by-law schedules detailed in Schedule C attached to
this By-law
1.19.4 Institutional(I); only properties located outside the boundaries of the Urban areas
as designated in the zoning by-law schedules detailed in Schedule C attached to
this By-law
1.19.5 Open Space(OS)
1.19.6 Tourist Commercial (C3); only that portion being used as a campground.
1.20 "Structure"means anything constructed or erected, the use of which requires location
on or in the ground.
1.21 "Urban Area"means, for the purposes of this By-law, an area that is not a Rural Area
as defined in paragraph 1.19 above.
2 RESTRICTION ON BURNING
2.1 No person shall set or maintain an Open-Air fire except;
2.1.1 an Exempt fire as described in Section 3 of this By-law; or
2.1.2 as is permitted under the conditions of a Burning Permit as defined in Section 5 of
this By-law.
Page 3 of 12
3 EXEMPT FIRES
The following types of Open-Air fires are Exempt and such fires may be set and maintained
anywhere in the Municipality of Bayham provided that the conditions in this by-law are fully
met;
3.1 Cooking Fires
3.1.1 A charcoal, compressed gas, or wood fire,that is only large enough for the
purpose, and is confined within a barbecue or grill that is constructed of metal,
ceramic, stone, or masonry, and that is exclusively designed for and being used for
the cooking of food for human consumption, and is continuously supervised by a
Responsible Person, and provided that all of the following conditions are met;
3.1.1.1 Such fire is not on a porch,balcony, or verandah that is roofed and is
attached to a Multi-unit Residential Building; and
3.1.1.2 such fire is not in or near dry vegetation; and
3.1.1.3 such fire is not in any other place conducive to the development or the
spread of fire or explosion.
3.2 Construction or Maintenance Activities
3.2.1 An appliance of a portable nature which requires an open flame for the heating of
a material during a construction or maintenance process,provided such appliance
is safe to operate, and provided that it is not operated in such a manner as to create
a fire hazard, and provided that the fire is attended at all times by a Responsible
Person to supervise it.
3.3 Other Flaming Devices
3.3.1 Patio torches and candles provided that all of the following conditions are met;
3.3.1.1 such devices are not operated in or near dry vegetation; and
3.3.1.2 such devices are not operated in any other place conducive to the
development or the spread of fire or explosion, and
3.3.1.3 consumer(family) fireworks and licensed fireworks displays where
permitted by by-law.
3.4 Campfires
3.4.1 With the permission of the property owner a campfire on privately owned lands in
a Rural Area provided that such campfire meets all of the following:
3.4.1.1 That the fire is for the provision of warmth or for cooking; and
3.4.1.2 that, except in the case of an Approved Camp Ground, the area designated
for the fire is not more than 66 centimeters(26 inches) in any horizontal
dimension; and
3.4.1.3 that all materials to be burned are contained around the complete perimeter
of the designated area by an Effective Barrier of metal,masonry, ceramic,
or stone; or are within a like-dimensioned pit in the ground; and
3.4.1.4 that the pile of materials to be burned is not more than 66 centimeters (26
inches)in height; and
3.4.1.5 that the fire is controlled such that flames and hot embers do not pose an
undue risk of fire to nearby Combustible materials; and
3.4.1.6 that the fire is attended at all times by a Responsible Person to supervise it.
3.5 Bum Barrels
3.5.1 An enclosed fire in a Burn Barrel on privately owned lands that are located in a
Rural Area provided that all of the following are met:
3.5.1.1 That the Burn Barrel is situated securely on level ground; and
3.5.1.2 that the Burn Barrel is in good condition; and
3.5.1.3 that all openings in the Burn Barrel are covered at all times by a suitable
metal wire mesh with a grid openings of not more than 6 mm(1/4 inch)in
diameter; and
3.5.1.4 that the fire is controlled such that flames and hot embers do not pose an
undue risk of fire to nearby Combustible materials.
Page 4 of 12
3.6 Chiminea
3.6.1 A fire in a Chiminea on any privately owned lands provided that such fire meets
all of the following:
3.6.1.1 That in an Urban Area no portion of the hearth of the Chiminea is more
than 61 centimeters (24 inches)in diameter, and
3.6.1.2 that all openings in the Chiminea are completely covered at all times by a
suitable metal wire mesh with a grid openings of not more than 6 mm(1/4
inch) in diameter; and
3.6.1.3 that except in a Rural Area, only clean and dry wood or charcoal be
burned; and
3.6.1.4 that the Chiminea is not located on any Combustible surface, and
3.6.1.5 that the fire is controlled such that flames and hot embers do not pose an
undue risk of fire to nearby Combustible materials; and
3.6.1.6 that the fire is attended at all times by a Responsible Person to supervise it.
4 CONDITIONS ON EXEMPT FIRES
Any person who sets or maintains an Exempt fire as in Section 3 of this By-law shall be
responsible to take all necessary steps to ensure that all of the following conditions are met:
4.1 Smoke
4.1.1 The smoke or other emissions from the fire shall not travel to a neighboring
property to such an extent or degree that,in the opinion of a Municipal Law
Enforcement Officer,it may cause discomfort to persons, loss of enjoyment or
normal use of the property, interference with normal conduction of business, or
damage to property.
4.1.2 The smoke or other emissions from the fire shall not travel across any public
roadway to the extent or degree that, in the opinion of a Municipal Law
Enforcement Officer, it may cause a public safety hazard to any person traveling
on the roadway.
4.2 Clearances
4.2.1 Such fire be located a distance of at least 10 meters (32.8 feet)horizontally and 10
meters (32.8 feet)below any portion of any Combustible structure or
accumulation of Combustible materials; except that lesser clearances shall apply
as follows:
4.2.1.1 that a barbeque or grill fire shall be located at least 1.5 meters (59 inches)
horizontally and 3 meters (118 inches)below; and
4.2.1.2 that a Chiminea shall be located at least 3 meters (118 inches)horizontally
and 6 meters (236 inches)below.
4.2.2 Despite meeting the minimum distances specified in 4.2.1,burning is prohibited
at any location where the conditions exist such that there is a reasonable
probability of such fire spreading to a building, structure, grass, or other
Combustible vegetation or material.
4.3 Materials Restricted
4.3.1 Except as may be more specifically restricted elsewhere in this by-law, only the
materials listed on Schedule A maybe burned.
4.4 Extinguishment
4.4.1 At the completion of the burn the fire shall be completely extinguished and the
burn site shall be Made Safe before it is left unattended.
Page 5 of 12
5 BURNING PERMITS
5.1 The Municipality shall issue written Burning Permits to owners of property in a Rural
Area, or to the Authorized Agent of the owner of such property,permitting a
Responsible Person to burn Schedule A materials,under all of the following
conditions:
5.1.1 All the conditions of Section 4 of this By-law shall apply equally to Burning
Permitted fires.
5.1.2 Constant supervision of the fire shall be maintained by a Responsible Person; with
the necessary means immediately available to extinguish the fire or limit its
spread; and having the means readily at hand to summon the fire department.
5.1.3 The property owner shall be held responsible and shall be liable individually and
severally for the actions of their Authorized Agent with respect to the provisions,
conditions, and penalties contained in this By-law.
5.1.4 Burning is prohibited on any public road allowance or municipal property unless
such burning is being conducted by authorized employees or Authorized Agents
of the Municipality of Bayham.
5.1.5 Fires must be located at least 30 meters (98.43 feet) away from any building,
combustible structure, combustible vegetation, accumulation of combustible
materials, or as measured on the ground horizontally from any overhead wires
carrying electricity,but in any case, longer distances may be required if, in the
opinion of a Municipal Law Enforcement Officer,the material burned will emit
sparks and embers such as to create a fire hazard.
5.1.6 Fires must be located at least 150 meters (492.15 feet) away from any occupied
building when the wind direction is such that at any time during the course of the
fire smoke from the fire is likely to pass in the vicinity of the occupied building.
5.1.7 The size of any pile of materials to be burned;
5.1.7.1 shall not exceed 9 square meters (96.84 square feet)in area and 2 meters
(78.75 inches)in height unless specifically Approved under application of
a Burning Safety Plan; and
5.1.7.2 in the case of an area zoned Agricultural, shall not exceed 36 square
meters (387.36 square feet)in area and 2 meters (78.75 inches) in height
unless specifically Approved under application of a Burning Safety Plan;
and
5.1.7.3 that in any case,the fire size or materials burned shall be controlled such
that flames and hot embers do not pose an undue risk of fire to nearby
Combustible materials.
5.1.8 The days of the week and the hours of the day during which the Burning Permit is
valid shall be indicated on the permit. Burning will not be permitted between '1/2
hour after sunset and '/2 hour before sunrise(i.e. at night)unless specifically
Approved under application of a Burning Safety Plan.
5.1.9 An expiry date shall be indicated on the Burning Permit. In no case shall a
Burning Permit have an expiry date of longer than six (6)months after the date of
issue, with the exception of seasonal and vocational Burning Permits which may
be issued to operators of Approved Camp Grounds or to owners of properties
zoned Agricultural and which may have an expiry date of no longer than twelve
(12)months. The expiry date on a Burning Permit shall not be extended due to
any suspension of the permit.
5.1.10 Permit fees are outlined on Schedule"B" attached to and forming part of this By-
law.
5.1.11 The fee collected for each Burning Permit is non-refundable regardless of whether
or not the privileges granted under the permit have been exercised.No adjustment
or refund of fee shall be provided due to suspension or revocation of any Burning
Permit.
5.1.12 All Burning Permits are automatically suspended on any day when there is a smog
advisory or alert issued for that day by the Ontario Ministry of Environment and
Energy.
5.1.13 Except for Approved Camp Grounds, all valid Burning Permits are automatically
suspended during such periods and in such areas where gusting or sustained wind
speeds exceed 20 kilometers per hour(12.43 miles per hour) or where wind
directions are changing frequently.
Page 6 of 12
5.1.14 Except for Approved Camp Grounds, all valid Burning Permits are automatically
suspended during such periods and in such areas where the Fire Chief has
determined that there exists a High or Extreme Fire Weather Index(FWI) or other
hazardous conditions.
5.1.15 The Burning Permit shall specify as precisely as possible the civic or street
address of the location of the intended fire. Separate Burning Permits will be
required for properties at different addresses.
5.1.16 Except for Approved Camp Grounds, the holder of a Burning Permit will be
required to advise Fire Dispatch before any burning commences and again when
the fire is out.
5.1.17 The holder of a Burning Permit shall keep it or a legible copy of it at the location
of the fire specified on the permit.
5.1.18 Any Burning Permit holder who is in violation of this By-law shall have their
Burning Permit summarily revoked and all fires shall be immediately
extinguished or shall be caused to be extinguished.
5.1.19 Burning permits are non-transferable.
5.2 A seasonal Burning Permit for the setting of camp fires and other recreational fires at
designated locations within a camp ground facility shall be issued to operators of
facilities to be designated for the purposes of this By-law as Approved Camp
Grounds,provided that all of the following conditions are met:
5.2.1 That the applicant does submit for review a Burning Safety Plan to the Fire Chief.
5.2.2 That the Burning Safety Plan is found to be satisfactory by the Fire Chief.
5.2.3 That any conditions or specific requirements contained in the Burning Safety Plan
as submitted or as modified and Approved shall be put into place by the applicant
before the Burning Permit shall be issued.
5.3 A vocational Burning Permit for Open-Air fires larger than that specified in Section
5.1.7, or that will burn outside of the hours specified in Section 5.1.8. shall be issued
to the owner of property in a Rural Area, or the Authorized Agent of the owner of
such property,provided that all of the following conditions are met;
5.3.1 That the applicant does reasonably demonstrate such a permit is required for the
operation of his business or is for the purposes of public safety or is for the
purposes of preserving the natural environmental.
5.3.2 That the applicant does submit for review a Burning Safety Plan to the Fire Chief.
5.3.3 That the Burning Safety Plan is found to be satisfactory by the Fire Chief.
5.3.4 That any conditions or specific requirements contained in the Burning Safety Plan
as submitted or as modified and Approved shall be put into place by the applicant
before the Burning Permit shall be issued.
5.4 An application for a minor exemption to the requirements of this By-Law maybe
made to the Fire Chief or his designate if the property is in an Urban Area and a
burning permit has been refused and the property owner feels it is safe to burn on
his/her property.
5.4.1 The Fire Chief, or his designate,may then make an inspection of the property
where the burn is proposed to take place.
5.4.2 If the Fire Chief; or his designate, finds that the burning on the property can be
carried out safely, within the regulations of this By-Law and will not affect the
neighbouring property adversely, a burning permit may be issued.
5.4.3 Before issuing a Burning Permit,the Fire Chief, or his designate,may set out any
other regulations that he/she feels is necessary.
5.4.4 If, after inspection,the Fire Chief, or his designate, does not grant an exemption
then the applicant can appeal such refusal in accordance with the requirements of
Section 11.4 of this By-Law.
Page 7 of 12
6 RUBBISH ACCUMULATION
6.1 This section shall apply to all properties except those that;
6.1.1 are a residential occupancy but not a Multi-unit Residential Building; or
6.1.2 are an industrial occupancy; or
6.1.3 are an agricultural occupancy,but not used for public assembly.
6.2 No owner of property shall permit the accumulation of Combustible rubbish or debris
on that property that is within 15 meters (49.22 feet);
6.2.1 of any portion of a building, or
6.2.2 of a combustible structure or combustible vegetation, or
6.2.3 as measured on the ground horizontally from any overhead wires carrying
electricity; and
6.2.4 to the extent that such materials pose a risk of fire spread or damage if ignited.
7 BURNING OF RUBBISH PROHIBITED
No one shall install,use, and maintain an unlicensed incineration device for the burning of
garbage or other refuse in any class or classes of building that was erected after September,
1966.
8 FIRE BAN
Despite the existence of valid Burning Permits the Fire Chief, or designate,may issue a Ban
on any or all Open-Air Fires or may suspend without recourse any or all Burning Permits and
cause to be extinguished any or all Open-Air Fires (whether Permitted or Exempt)until such
conditions as the Fire Chief may indicate are met.
9 RIGHT TO ENTER AND ENFORCE
Municipal Law Enforcement Officers shall have the right to enter at all reasonable times
upon any property in order to ascertain whether this By-law is being obeyed, and to enforce
or carry into effect the By-law.
10 FIRE DEPARTMENT EXEMPT
Any fires under the direct and constant supervision and control of the Municipality of
Bayham Fire Department are exempt from the provisions of this by-law.
11 PENALTY
11.1 Every person who knowingly provides false or misleading information for the
purposes of obtaining a Burning Permit or who contravenes any provisions of this By-
law is guilty of an offence and upon conviction is liable to a fine as provided for in
the Provincial Offences Act.
11.2 If the contravention of this By-law results in fire suppression or fire safety personnel
and vehicles being dispatched to respond, the person in control of the fire and/or the
property owner may be charged, at the discretion of the Fire Chief, for the cost of
such response according to the rates attached as Schedule B to this By-Law. However,
nothing in any schedule of rates shall be construed as limiting the rights of the
Municipality to seek restitution for other direct or consequential damages or costs
incurred beyond those listed.
Page 8 of 12
11.3 The quantity and type of fire vehicles and personnel dispatched to respond for the
purposes of extinguishing, controlling, or investigating any Open-Air fire are at the
discretion of the Fire Chief or his/her designate.
11.4 Every person who has had his/her Burning Permit revoked for cause shall not be
eligible to renew said Burning Permit for a period of not less than 60 days from the
date the permit was revoked.
11.4.1 Every person can appeal such refusal to issue a Burning Permit to a Committee
appointed by Council for the purposes of hearing such an appeal.
11.4.2 Any person filing an appeal shall do so in writing, stating the reasons for the
appeal. Such appeal shall be addressed to the Municipal Clerk at 9344 Plank
Road, Straffordville,NOJ 1YO. The Clerk shall inform the applicant in writing,
within 7 days of receiving the written appeal, of the date of the scheduled hearing.
11.4.3 The Appeal Committee shall meet in public to hear the appeal not later than 30
days from the receipt of the written appeal from the applicant. Representation
shall be heard from the applicant and from any other person the Committee feels
is necessary.
11.4.4 When a hearing date before the Committee has been fixed and the applicant who
has been given notice of the hearing does not attend at the appointed time and
place, the Committee may proceed in the absence of the applicant and the
applicant will not be entitled to any further notice in the proceedings.
11.4.5 At the conclusion of a hearing the Committee shall, as soon as practicable make a
written report to Council, which report shall
11.4.5.1 summarize the evidence and the arguments presented by the parties;
11.4.5.2 set out the findings of fact made by the Committee and the
recommendation; and
11.4.5.3 set out the reasons for the recommendation.
11.4.6 Council may uphold or vary the decision of the Committee or do any act or make
any decision that it might have done had it conducted the hearing itself and the
applicant or licensee shall not be entitled to a further hearing on the matter before
Council and decision of Council shall be final.
11.5 No owner of a property, or Authorized Agent of such owner, shall fail to comply with
any Order, as confirmed or modified, issued under this By-law. Should the owner of
the property, or agent, fail to rectify the condition in accordance with the Order,the
Municipality of Bayham in addition to other remedies,
11.5.1 shall have the right to correct the situation and, for this purpose, with its servants
and agents from time to time enter in and upon the property at any reasonable time
without a warrant; and
11.5.2 shall not be liable to compensate such owners, occupants, or another person
having interest in the property by reason of anything done by or on behalf of the
Municipality of Bayham in a reasonable exercise of its power under the provisions
of this Section; and
11.5.3 may cause a prosecution to be brought against any person who is in breach of such
an Order and upon conviction, such person shall forfeit and pay at the discretion
of the convicting Provincial Judge or Justice of the Peace acting within his/her
territorial jurisdiction, a penalty in accordance with the provisions of Part VII of
the Ontario Fire Protection and Prevention Act, S.O. 1997, c4, as amended; and
11.5.4 the Municipality of Bayham shall have a lien on the land for the amount spent on
correcting the situation found and the amount shall be deemed to be municipal
real taxes and shall be added to the collector's roll and shall be collected in the
same manner and with the same priorities as municipal real property taxes.
12 VALIDITY
In the event that any of the provisions of this By-law are deemed ultra-vires by any Court of
competent jurisdiction, the remaining terms and provisions shall remain in full force and
effect.
Page 9 of 12
13 REPEAL
That By-Law #1748 of The Township of Bayham is hereby repealed in its entirety.
That By-Law#92-22 of The Village of Port Burwell is hereby repealed in its entirety.
That By-Law#91-10 of the Village of Vienna is hereby repealed in its entirety.
14 EFFECTIVE DATE
That the effective date of this by-law shall be the date of final passage thereof.
ENACTED AND PASSED THIS 16T DAY OF u ''--- ,2006.
First Reading: f /!:�k�
LittAL
�yor
Second Reading:
Third Reading: Jb Ln
Clerk
SCHEDULE A
Authorized Materials That May be Burned
Under By-law No. 2006-047
All materials other than those listed below are specifically prohibited from being burned
• wood and wood by-products that have not been chemically treated or painted or stained
• white or brown: paper and cardboard for the purposes of starting an authorized fire
• dry:brush, stumps,hay, straw, and grass and other dry yard or natural agricultural materials
but not including animal wastes and parts of animals unless such animals are diseased
• natural or petroleum gases or liquids used as appliance fuels
• charcoal materials intended for B-B-Q use.
• other clean burning Combustible materials that may be specifically Approved by the Fire
Chief or his/her designate.
SCHEDULE B
Fees that May be Collected or Charged Under the
Provisions Contained in By-law No. 2006-047
1. Burning Permit with a 6 month or less expiration date: $00.00 including GST
2. Burning Permit with a 12 month expiration date: $00.00 including GST
3. Review and Approval of Burning Safety Plan: $00.00 including GST
(does not include Burning Permit cost)
4. Response rates for fire vehicles: per fire vehicle for the first hour $350
per fire vehicle for each additional 1/2 hour $175
5. All costs incurred by the Municipality of Bayham, in its efforts to extinguish the fire,
for personnel and specialized equipment and services, such as but not limited to high
hoes, etc., on an as incurred basis, and
6. Police officers and guards: wages and expenses as incurred.
SCHEDULE C
DEFINED URBAN AREAS for By-law 2006-047
Explanatory note: "Urban Areas" include all areas shown on the following zoning by-
law schedules except those portions of these areas that are considered a Rural Area
according to Section 1.19 of this By-law.
Community By-law Schedule
_ Name
Calton Z456-2003 as amended G
_Corinth Z456-2003 as amended B
Eden Z456-2003 as amended D
North Hall Z456-2003 as amended C
Pt. Burwell Z456-2003 as amended I _
Richmond Z456-2003 as amended _ E
Strafordyille Z456-2003 as amended F _
Vienna Z456-2003 as amended H
Burn Permit Burning Notification
_. Municipality of Bayham
You must call
-;--- P.O.Box 160,9344 Plank Road 1-519-631-0210
Straffordville,ON NOJ 1Y0 before and after setting a fire
lioxxulnitty Se.° Ph.519-866-5521*Fax 519-866-3884
Name of Property Owner Date Issued
DD/MM/YYYY
Address of Property Owner Phone#
911 NumberistrceUCommunity
Property Zoning Roll#
Name of Applicant Same as above or Ph.
Address of Applicant Same as above or
911 Numbei,Street'Community
Materials to be Burned
Note; Only materials listed on the back of theis permit may be burned.
Special Conditions
Maximum Fire Size Height:2 meters AND Area; 9 sq.meters 36 sq.meters Other
(Agriculterei zoned)
Permit Valid Between to
DD/MMYY DD/MM/YYYY
Valid Times Daytime Only Bum Safety Plan Required Approved By
SPECIAL PERMITS EXEMPTION Approved _ Campground Approved
Fire Department Station Port Burwell Straffordville
DECLARATION
l/We the Applicant(s)attest the information provided on this Permit form is accurate to the best of my/our knowledge.1/We further agree I/We are responsible and
liable for any violations,damages,penalties,costs and injuries sustained or incurred as a result of directly or indirectly setting of fires.
I/We understand fire officials have not inspected the area or property I intend to set a fire and instead relied on me/us(the Applicant(s))accepting responsibility for
meeting all of the requirements of the Municipality of Bayham By-law 2006-047,a by-law to regulate the setting of fires.
I/We have read and understood the reverse side of this Permit and will abide by the Rules printed there and contained in the said By-law.If I/we have any questions
related to the said By-law or to any fires I/we intend to set,I/we will contact the Municipality of Bayham Fire Department and ask for assistance.
READ THE BACK OF THE PERMIT
Signature of Applicant(s) Date
This permit is issued under the authority of Municipality of Bayham By-Law#2006-047,and the Chief Fire Official in the
Municipality of Bayham.
Permit Authorized By: Date:
Map of Burn Area and adjacent buildings. N
W E
S
Permit#
Form Distribution:White—Fire Chief;Yellow—Station Chief;Pink-Applicant
THE FOLLOWING RULES APPLY TO ALL BURN PERMITS ISSUED BY THE
MUNICIPALITY OF BAYHAM
Failure to comply with By-Law 2006-047 may result in the permit being revoked and the applicant or property owner
charged under the By-law or Ontario Fire Code and for costs as outlined under the By-Law.
Note:the following is only a brief description of your obligations.This is not intended to be a complete description of
your responsibilities under the By-Law.For complete information please review the By-Law.A copy of the By-Law is
available by contacting 519-866-5521 or visiting the Municipality's website at www.bayham(a,bayham.on.ca.
Validity:In order for this permit to be valid the applicant mjs ensure all of the following are met:
D The permit is only valid for the property noted on the permit and is not transferable.
> A copy of the permit must be with the responsible person at the site of the burn.
D The applicant must call Fire Dispatch at 519-631-0210 before and after every time he/she burns.
D The fire must be supervised at all times while the fire is burning.No exceptions.
D The person supervising the fire must be legal age and capable of making decisions on fire safety.
D You must have a means(cell phone)to contact Fire Dispatch on the site of the burn.
D You must have on site of the burn;tools and equipment and possibly water to control the fire.
D Burning must be conducted between the hours specified on the face of the permit.
D The permit is only valid on the dates stated on the face of the permit.
Conditions: You must ensure all of the following are met:
D Smoke,sparks or fumes from the fire do not travel to neighboring property causing a health concern.
D Smoke does not cross a public roadway.
D Burning on Municipal property is prohibited(e.g.ditches and similar areas)
D Permits are suspended on all days under any of the following conditions:
o When there is a Smog Advisory or Alert over any portion of the Municipality
o When the Fire Weather Index is High or Extreme in your area.
o When there is a Fire Ban(e.g.usually during very dry weather)
o When the wind might exceed 20 kilometers per hour.
o When wind directions are changing frequently.
D Applicants may only burn the following items with this permit:
o Wood and wood by-products not chemically treated or painted or stained.
o White or brown paper and cardboard;only enough to start a fire to burn other items.
o Dry brush,stumps;dry hay,straw and grass;other dry yard or natural agricultural materials.
o Other clean burning combustible materials specifically approved by the Chief Fire Official.
D Gasoline,diesel fuel,tires,oils,rubber,plastics or similar materials shall not be used to set a fire.These materials are
illegal under the Environmental Protection Act.
D All fires must be completely extinguished and the burn site made safe after each burn.
Fire Size:Fires are restricted to the size indicated on the face of the permit.
D The pile of materials to be burned must not exceed 9 square meters(9m x 9m).
> The pile of the materials must not exceed 2 meters in height.
D Agricultural permits restrict piles of materials to 36 square meters or less.
D Fire size and materials burned must be controlled so flames,sparks or smoke do not pose a risk to nearby materials,
buildings or other property.
Clearances:Fires must be a safe distance from other combustible materials, including:
D All fires must be at least 30 meters from any of the following:
o A building or other structure(e.g.fence)
o Combustible vegetation(e.g.trees,standing crops,long grass)
o Any accumulations of combustible materials(e.g.wood piles,pallets)
o Any overhead hydro or other wires(by measuring along the ground)
D Longer distances will be required due to the nature of some fires and other local conditions
> Longer distances will be required if stated on the face of the permit.
D Fires must be located at least 150 meters from any occupied building at any time the wind cause smoke to travel towards
the building.
Cautions:
> The property owner and the person responsible for setting the fire are both legally obligated to abide by the said By-
Law.Violations of the By-Law may result in the property owner and/or person setting the fire receiving a ticket,court
imposed fine and an invoice for all Fire Department costs incurred.
D The property owner and person responsible for setting the fire may be liable for any costs or penalties due to a violation
of the By-Law.
D Burn Permits will not be extended if the expire,are revoked or suspended.
D Revocation of a Burn Permit will require in the property owner to wait 60 days before being considered for another
permit.
D PLEASE BURN SAFELY AND RESPONSIBLY!
DID YOU KNOW—burning is a major source of air pollution and releases toxic and dangerous chemicals into the air we
breathe.Toxins and chemicals are very harmful to humans and animals.Air pollution is a contributor to cancer,breathing
problems,allergies,asthma and emphysema.
HAVE YOU CONSIDERED alternatives to burning such as recycling and composting.Disposing of items at a land fill site or
through household garbage pick-up is more environmentally friendlier than burning.