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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.