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By-law No. 2017-121 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-121 BEING A BY-LAW TO REGULATE FIRES IN THE MUNICIPALITY OF BAYHAM WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, 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 Division B Part 2 of the Ontario Fire Code, O.Reg. 213/07, 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 Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that despite any Act, a Municipality and a local board may pass by-laws imposing fees or charges on any class of person for services or activities provided or done by or on behalf of it or for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; AND WHEREAS Section 10(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a municipality to pass by-laws respecting the environmental well-being of the municipality and the health, safety, and well-being of persons; AND WHEREAS Section 125 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a municipality to regulate the use and installation of heating appliances and the storage of fuel for use in heating appliances; AND WHEREAS the Council of the Municipality of Bayham desires to lessen the risk to life and property from the potential air pollution from wood burning appliances; 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: SHORT TITLE This By-law may be cited as the 'Burning By-law'. 1. DEFINITIONS For the purposes of this by-law 1.1 "Approved" means approved by the Fire Chief or designate. 1.2 "Authorized Agent" means any Responsible Person who can provide reasonable evidence that they are authorized to act for the Owner of a particular property. 1.3 "Ban" on Open-Air fires means a restriction or prohibition on Open-Air fires issued by the Fire Chief. 1.4 "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. 1.5 "Burn Permit" means a written conditional authorization in the form of Form 1 — Burn Permit (Schedule C), issued and administered by the Municipality to set or maintain an Open-Air fire, in accordance with any restrictions and conditions contained in this By-Law or as may be specified on the Burn Permit. 1.6 "Chiminea" means a device largely made from pottery and which is equipped with a chimney and a substantially enclosed hearth in which a recreational fire may be set. 1.7 "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. 1.8 "Council" means the Council of the Corporation of the Municipality of Bayham. 1.9 "Effective Barrier" means an enclosure on the ground with a complete perimeter of metal, masonry, stone or earth, with the enclosure walls having a minimum height from the ground of at least 1/3 the measured diameter or width, as the case may be, based on the applicable shape of the enclosure. 1.10 "Exempt" means that, under specified conditions, a particular type or configuration of Open-Air fire does not require a Burn Permit. 1.11 "Fire Code" means the Ontario Fire Code, O. Reg. 213/07, as enacted under the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended. 1.12 "Fire Chief" means the assistant to the Fire Marshal who is the Municipal Fire Chief or a member or members of the Fire Department appointed by the Municipal Fire Chief under Article 1.1.1.2 of Division C of the Fire Code or a person appointed by the Fire Marshal under Article 1.1.1.1 of the Fire Code. 1.13 "Fireworks" means a consumer device containing gunpowder and other combustible chemicals that causes an explosion when ignited and classified by the Canada Explosive Regulations as low hazard fireworks for recreation (Class 7.2.1). 1.14 "Flying Lantern" means a small hot air balloon fueled by an open flame and when released, the hot air produced by the fuel source can lift the lantern to substantial heights and allows it to drift for long distances. 1.15 "Incinerator" means a device that is operated and Regulated, including but not limited to licensing under a Certificate of Approval from the Ontario Ministry of the Environment and which is not subject to the requirements of this By-law. 1.16 "Made Safe" means that all reasonable and prudent steps are taken to guard against the spread of fire due to rekindling by ensuring all combustible materials are wet or have been removed or consumed and no further heat is being generated. 1.17 "Multi-unit Residential Building" means any building in which there are three or more residential dwelling units as defined by the Ontario Building Code. 1.18 "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 or designates, including Municipality of Bayham Fire Department Officials. 1.19 "Municipality" means the Corporation of the Municipality of Bayham. 1.20 "Occupancies" means the use or intended use of a building or part thereof as defined in the Ontario Building Code. 1.21 "Open-Air fire" means: 1.21.1 any fire set outdoors; 1.21.2 but does not include: 1.21.2.1 fires in Incinerators; or 1.21.2.2 fires in devices installed outside of a building that are used as a source of heat or power for the building or that are ancillary to a manufacturing process, operated within such building and provided that such device is certified for by a recognized and appropriate agency for a purpose requiring the containing of a fire. 1.22 "Owner" means an owner, lessee or occupant of lands and/or premises with the territorial limits of the Municipality of Bayham. 1.23 "Person" means any individual, association, firm, partnership, corporation, agent, or trustee and their heirs, executors, or other legal representation of such person. 1.24 "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. 1.25 "Rural Area" means any lands located outside of the Urban Areas as designated in the Municipality of Bayham Zoning By-law No. Z456-2003 as amended. Notwithstanding the boundaries listed in Zoning By-law No. Z456-2003, as amended, 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: 1.25.1 Hazard Lands (HL), but only that portion that is within 30 meters (98.43 feet) of the Lake Erie shoreline; 1.25.2 Open Space (OS); 1.25.3 Tourist Commercial (C3) but only that portion being used as a campground. 1.26 "Solid Fuel Heating Appliance" means a heating appliance capable of burning solid fuel and capable of being used for comfort or heating. 1.27 "Structure" means anything constructed or erected, the use of which requires location on or in the ground. 1.28 "Urban Area" means, for the purposes of this By-law, an area that is not a Rural Area as defined in Section 1.24 above. 2 RESTRICTIONS 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 an issued Burning Permit as defined in Section 5 of this By-law. 2.2 No person shall set or maintain any Open-Air fire where the fuel is any material other than those materials outlined in Schedule "A", forming part of this By-law. 2.3 No person shall use or permit the use of a Solid Fuel Heating Appliance that is fueled by any material other than those materials outlined in Schedule "A", forming part of this By-law. 2.4 No person shall set off, or cause to be set off, at any time, any Flying Lanterns anywhere in the Municipality of Bayham. 2.5 No person shall set, maintain or permit a Fire to be set or maintained, contrary to any provision of this by-law. 2.6 No person shall contravene any conditions of a Permit issued under the provisions of this by-law. 2.7 No person shall contravene any conditions of setting or maintaining a Fire under the provisions of this by-law. 2.8 No person shall contravene any Order issued under the provisions of this By-law 2.9 No person shall fail to comply with any Order issued under the provisions of this By- law 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 cooking purpose described below, 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 within three 4 meters (13.1 feet) of dry vegetation; and 3.1.1.3 such fire is not set or maintained in any place that by its design, material burned, or use of those of the surrounding lands is 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 and supervised at all times by a Responsible Person. 3.3 Other Flaming Devices 3.3.1 Patio torches, candles or Fireworks provided that all of the following conditions are met: 3.3.1.1 such devices are not operated within 4 meters (13.1 feet) of 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 such devices are permitted or licensed by By-law. 3.4 Recreational Fire 3.4.1 With the permission of the subject property owner, a recreational fire on privately owned lands provided that such campfire meets all of the following: 3.4.1.1 the fire is for the provision of warmth, recreation or cooking; and 3.4.1.2 the area designated for the fire is not more than 66 centimeters (26 inches) in any horizontal dimension; and 3.4.1.3 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 the pile of materials to be burned is not more than 66 centimeters (26 inches) in height; and 3.4.1.5 the fire is located at least 4 meters (13.1 feet) from any building, structure, property line, tree, canopy, hedge, fence, roadway ,overhead wire or other combustible material; and 3.4.1.6 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to nearby Combustible materials; and 3.4.1.7 a means to extinguish the fire is readily available; and 3.4.1.8 the fire is attended and supervised at all times by a Responsible Person; and 3.4.1.9 at the completion of the burn, the fire shall be completely extinguished and shall be Made Safe before it is left unattended. 3.5 Burn 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 the Burn Barrel is situated securely on level ground; and 3.5.1.2 the Burn Barrel is in good condition; and 3.5.1.3 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 the fire is attended and supervised at all times by a Responsible Person; and 3.5.1.5 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to Combustible materials 4 meters (13.1 feet) of the Burn Barrel. 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 is in an Urban Area and no portion of the hearth of the Chiminea is more than 61 centimeters (24 inches) in diameter, and 3.6.1.2 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 only clean and dry wood or charcoal be burned; and 3.6.1.4 the Chiminea is not located on any Combustible surface, and 3.6.1.5 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to any Combustible materials; and 3.6.1.6 the fire is attended and supervised at all times by a Responsible Person. 4 CONDITIONS ON EXEMPT FIRES Any person who sets or maintains an Exempt Fire as provided for 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 across any public roadway to an extent or degree that it may cause a public safety hazard to any person traveling on the highway, including but not limited to, travel as a pedestrian or as an operator of a motor vehicle. 4.2 Clearances (unless otherwise stated) 4.2.1 The fire shall be located a distance of at least 4 meters (13.1 feet) horizontally and 10 meters (32.8 feet) below any portion of any Combustible structure or accumulation of Combustible materials. 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 shall be permitted to be 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. 5 BURN PERMITS 5.1 The Fire Chief or designate shall issue written Burn 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 Burn 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 in addition 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 No person shall conduct an Open Air burn on either 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 The size of any pile of materials to be burned: 5.1.5.1 shall not exceed 9 square meters (96.84 square feet) in area and 2 meters (78.75 inches) in height, as measured from the ground level, unless specifically approved under an exemption; and 5.1.5.2 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, as measured from the ground level, unless specifically approved under an exemption; and 5.1.6 The days of the week and the hours of the day during which the Burn Permit is valid are indicated on the permit. Burning shall not be allowed between '% hour after sunset and '% hour before sunrise unless specifically approved under an exemption. 5.1.7 An expiry date shall be indicated on the Burn Permit. In no case shall a Burn Permit have an expiry date of that exceeds December 31st of the year of issue. The expiry date on a Burn Permit shall not be extended due to any suspension of the permit. 5.1.8 Permit fees are specified in the current Municipality of Bayham Fees By-Law. 5.1.9 The fee collected for each Burn 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 Burn Permit. 5.1.10 All Burn Permits are automatically suspended on any day when there is a smog advisory or alert issued for that day, as applicable to the area for which the burn Permit is issued, by the Ontario Ministry of Environment and Energy. 5.1.11 All valid Burn 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). 5.1.12 All valid Burn 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 and issues a Burn Ban. 5.1.13 The Burn Permit shall specify as the 911 address of the location of the intended fire. Separate Burn Permits will be required for properties at different addresses. 5.1.14 The holder of a Burn Permit shall advise Fire Communications before any burning commences and again when the fire is extinguished. 5.1.15 The holder of a Burn Permit shall keep it or a legible copy of it at the location of the fire specified on the Burn Permit. 5.1.16 Any Burn Permit holder who is in violation of this By-law shall have their Burn Permit summarily revoked and all fires shall be immediately extinguished or shall be caused to be extinguished. 5.1.17 Burn Permits are non-transferable. 6 BURNING OF RUBBISH PROHIBITED 6.1 No person shall install, use, and/or maintain an unlicensed incineration device for the burning of garbage or other refuse in any class or classes of Building. 7 FIRE BAN 7.1 Despite the existence of valid Burning Permits, the Fire Chief 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. 8 RIGHT TO ENTER AND ENFORCE 8.1 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. 9 FIRE DEPARTMENT EXEMPT 9.1 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. 10 PENALTY 10.1 Every person who contravenes or who causes or permits a contravention of any provision 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, R.S.O. 1990, c. P.33. 10.2 Every person who knowingly provides false or misleading information for the purposes of obtaining a Burning Permit is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33. 10.3 If a contravention of any provision of this by-law occurs, the contravention may be presumed to have been committed by the owner of the land on which the contravention occurred, which presumption may be rebutted by evidence to the contrary on a balance of probabilities. 10.4 If a Municipal Law Enforcement Officer is satisfied that a Solid Fuel Heating Appliance is being used in contravention of the by-law, the Municipal Law Enforcement Officer may make an oral order requiring any one or more of the person who is contravening the by-law, the person who caused or permitted the contravention, or the person who owns or occupies the land on which the contravention is occurring, to discontinue the contravention immediately. 10.5 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 published in the current Municipality of Bayham Rates and Fees 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. 10.6 The quantity and type of fire vehicles and personnel dispatched to respond for the purposes of extinguishing, controlling, or investigating any fire are at the discretion of the Fire Chief. 11 VALIDITY 11.1 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. 12 REPEAL 12.1 That By-law No. 2006-047of the Municipality of Bayham is hereby repealed in its entirety. 13 EFFECTIVE DATE 13.1 This by-law shall come into force and effect on the date of final passage thereof and approval of Set Fines. READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF DECEMBER, 2017. MAYOR � w �' SCHEDULE A By-law No. 2017-121 All materials other than those listed below are specifically prohibited from being burned • wood and wood by-products that have not been chemically treated, painted or stained • paper and cardboard • brush, stumps, hay, straw, grass and other yard, garden or agricultural materials • 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 Chief Fire Official. SCHEDULE B DEFINED URBAN AREAS By-law 2017-121 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 4 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 Straffordville Z456-2003 as amended F Vienna Z456-2003 as amended H