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Township of Alnwick/Haldimand Burning By-Law

THE TOWNSHIP OF ALNWICK/HALDIMAND - BY-LAW NO. 113-2016

BEING A BY-LAW TO PRESCRIBE AND ESTABUSH THE PROCESS FOR THE TIME FOR SETTING OPEN AIR FIRES IN THE TOWNSHIP OF ALNWICK/HALDIMAND AND THE PRECAUTIONS TO BE OBSERVED AND TO ESTABLISH AND SET FEES/CHARGES AND PENALTIES THEREOF

 

Whereas the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, provides :

a.)      in subsection 7.l(l){a) that a council of a municipality may pass by­ laws regulating fire prevention, including the prevention of the spreading of fires;

b.)      in subsection 7. (l)(b) that a council of a municipality may pass by­ laws regulating the setting of open air fires, including the times during which open air fires may be set;

c.)      in subsection 7.1(3) that a by-law passed under Section 7.1 may deal with different areas of the municipality dlfferently;

 

And Whereas subsection  11(2) of the Municipal Act, 2001, 5.0. 2001, c.25, as amended, authorizes the munlcipality to pass by-laws respecting the health, safety and wellbeing of persons;

And Whereas the Municipal Act, 2001, 5.0. 2001 c. 25, Section 128(1), as amended, provides that a local munlclpality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council, are, or could become or cause public nuisances;

And Whereas it is deemed expedient to establish and implement appropriate Fees/Charges and penalties thereof, to obtain an Open Air Burn Permit;

And  Whereas  Council considers excessive  smoke, smell,airborne sparks or embers to be or could become or cause public nuisances by creating negative health effects on neighbouring residents, Increasing fire exposure hazards, infringing the enjoyment of the use of neighbouring properties and generating false alarms;

And Whereas under Section 35(1) of the Fire Protection and Prevention Act, 1997, 5.0. 1997, c. 4, as amended, the Fire Marshal, a Fire Chief or an Assistant to the Fire Marshal may Issue an order to pay the costs Incurred by the Province of Ontario or a municipality.

Now Therefore the Council of the Township of Alnwick/Haldimand hereby enacts as follows:

Section 1- Definitions:

1.1       In this By-law:

a.)      "Approved Device" means a chiminea or other unit that is:

i.       a ULC/CSA approved device;

ii.      in conformance with the Technical Standards and Safety Act, 2000, as amended;

iii.      for outdoor use;

iv.      installed in accordance with the manufacturer's instructions; or

v.       approved by the Fire Chief.

b.)     "Authorized Burning Material" means only environmentally friendly material including, but not limited to, natural wood and brush, and does not include, among other things, pressure treated wood, recyclables, plastics and household waste.

c.)      "Brush Pile" means branches or twigs in a plle larger than 46 cm x 46 cm (18" x 18"), but not to exceed 3 m x 3 m x 1 m (10' x 10' x 4').

d.)      "Built Up Area"  means the Village Hamlets of, but not limited to, Grafton Centreton, Fenelia, Roseneath, Vernonville and Lakeport, Eddystone, Burnley.

e.)      "Campfire" means an Open Air Fire of Authorized Burning Material contained within an Approved Device contained in such a way to prevent the spread of the fire, and which fire is no larger than 46 cm x 46 cm (18" x  18"), a  minimum of  15 m (50') from any structure, with the exception of Municipally Licensed Campground establishment and is supervised by an adult at all times.

f.)      "Fire Chief" means the Fire Chief of the Township of Alnwick/Haldimand, appointed under the Fire Protection and Prevention Act, 1997, S.CY. 1997, c. 4, as amended, or his/her designate.

g.)      "Fire Department"  means the Township of Alnwick/Haldimand  Fire Rescue.

h.)      "Municipality" means the Corporation of the Township of Alnwick/Haldimand and the geographic area thereof.

i.)       "Occupant" means the person(s) residing In premises which he/she does not own.

j.)         "Open Air Fire" means any fire which is set outside a building.

k.)      "Owner" means the person(s) shown on the latest Assessment Roll.

l.)         "Permit" means written authority provided by the Fire Chief in the form attached hereto as Schedule "A", and which permit forms part of this bylaw.

m.)     "Tenant" means the person(s) renting or leasing premises.

 

Section 2 - General Conditions

2.1      All persons setting an Open Air Fire in the Municipality must first obtain a Permit from the Fire Department. Should any such fire spread, resulting in the attendance of the Fire Department, the penalties as set out herein shall apply to the Owner and/or Tenant of the property.

2.2      No Open Air Fire shall be maintained when the wind is In such direction or intensity so as to cause any or all of the following:

a.)      a decrease in visibility on any highway or roadway;

b.)      a rapid spread of fire through grass or a brush area;

c.)      public nuisances by creating negative health effects on neighbouring residents.

2.3      All fires shall be maintained in accordance with Schedule "A" attached hereto and forming part of this by-law.

2.4      Every person who contravenes any provision of this by-law is guilty of an offence and is liable to a penalty as set out in Section 3 .

2.5      Notwithstanding the provisions hereof the Fire Chief may, upon application, approve the setting of any fire, subject to conditions set down by the Fire Chief. Any such approved burn may be subject to the Special Permit fee noted herein, together with any penalty, if applicable.

2.6      No person shall light a fire on any land within the Corporation of the Township of Alnwick/Haldlmand for any purpose other than to cook on a barbecue without the benefit of an approved burning permit.

2.7      The Fire Chief or his/her designate may, at any time, and in the exercise of his or her sole discretion, issue a "Fire Ban" effective for a specified period of time, prohibiting the setting of any and all "Open Air Fires" within any area of the Municipality.  During this time all Burning Permits will be revoked.

2.8      The Fire Department and Public Works Department shall be exempt from the provisions of this by-law with respect to open air burning in the performance of their duties.

2.9      Any Open Air Burn Permit may be revoked at any time by the Fire Chief or his/her designate.

 

Section 3 - Penalties

3.1      A penalty may be issued at the discretion of the Fire Chief when, but not limited to, any or all of the following conditions apply :

a.)      A complaint is received;

b.)      An alarm is activated;

c.)      Emergency manpower and emergency equipment is dispatched;

d.)      Damage occurs to life or property;

e.)      The Owner and/or Tenant is not in possession of a valid Permit.

3.2      Penalties may be issued as follows:

a .)       A minimum penalty of $200.00 may be assessed at the discretion of the Fire Chief. When costs of resources and manpower exceed the minimum penalty the Fire Chief, at his/her discretion, may add an additional penalty based on a formula of the Ministry of Transportation of Ontario ("MTO") hourly rate times each Fire Department unit dispatched per hour. Any special equipment needed, not limited to Ministry of Natural Resources, other Fire Departments, or third party contractors, etc., will be invoiced at cost plus an additional amount 1.5 times cost to cover administrative expenses.

b.)     Subsequent calls - Penaltres for subsequent calls will be invoiced to cover costs incurred by the Fire Department, including personnel and equipment called in to extinguish the said fire, based on a formula of the MTO hourly rate times each Fire Department unit dispatched per hour.Any special equipment needed, not limited to Ministry of Natural Resources, other Fire Departments, or third party contractors, etc.,will be billed at cost plus an additional amount two times cost to cover administrative  expenses.

3.3      Fees levied shall be made payable to the Township of Alnwick/Haldimand and are payable within 30 days from the receipt of notice and thereafter shall bear Interest at a rate of 1.25 percent per month calculated and payable monthly. All such fees, together with other charges, taxes and Interest thereon which remain unpaid after the due date for payment may be added to the tax roll and collected as realty taxes In respect of the Property of any person located within the boundaries of the municipality.

3.4      No permit will be issued if there is any outstanding penalties,fees and/or charges with respect to an Open Air Burn Permit.

 

Section 4 - Miscellaneous

4.1    This By-law may be cited as "Township of Alnwick/Haldimand Open Air Burning By-Law".

4.2    That By-law No. 95-2001 is hereby repealed in its entirety.

4.3    This By-law shall become effective imm     · tely upon passing thereof. This By-Law No. 113-2016, day of September, 2016.

 

Schedule "A"

To By-Law No. 113-2016

This Permit forms part of the Township of Alnwick/ Haldimand Open Air Burning By-law No. 113-2016 as amended from time to time, and contains terms as defined therein. This Permit is also subject to the following terms and conditions:

1)    This Permit is not valid when winds are greater than 8 km/hr or 5 miles/hr, or if a burn ban is in effect.

2)    The material to be burned shall be limited to wood or by-products of wood. The person who has obtained this Permit :

a.) shall not permit more than 3 m x 3 m x 1m (10' x 10' x 4') of material to be burned at any one time for property that meets the required setback in section 3 below;

b.) shall ensure that the means of extinguishing the fire designated on the Permit is available at the site at all times during the fire;

c.) must phone the number on the Permit prior to lighting a fire to activate the permit to burn, and must also phone such number after the fire is out to de-activate the permit.

3)    Fires within Built Up Areas must be in an Approved Device, be contained to prevent the spreading of fire, and be a minimum of 15 m (50') from any structure, with the exception of Municipally Licensed Campground establishment . Rural residents must be 100 m (330') from any structure to burn Brush Piles with a size not greater than 3 m x 3 m x 1 m (10' x 10' x 4'). Special Permits may be issued for larger fires by the Fire Chief based on a plan approved by the Fire Chief. Rural residents on lots will be subject to the Built Up Area conditions.

4)    This Permit may be cancelled or suspended at any time by the Fire Chief or his/her designate and immediately upon receiving notice of such cancellation or suspension, the Permitee shall extinguish any fire started  under this Permit.

5)    The Permitee shall keep this Permit at the site of the burning operation conducted under the Permit. The person in charge of the burning operation shall produce the Permit to any official of the Alnwick/Haldimand Fire Rescue.

6)    The Permitee shall have at the location of the fire, at least one responsible, competent adult, along with an adequate and appropriate means of extinguishment.

7)    A penalty may be issued at the discretion of the Fire Chief when, but not limited to, any or all of the following conditions apply :

a .)      A complaint is received;

b.)       An alarm is activated;

c.)       Emergency manpower and emergency equipment is dispatched;

d.)       Damage occurs to life or property;

e.)       The Owner and/or Tenant is not in possession of a valid Permit.

8)        Penalties may be issued as follows:

a.)        A minimum penalty of $200.00 may be assessed at the discretion of the Fire Chief.  When costs of resources and manpower exceed the minimum penalty the Fire Chief, at his/her discretion, may add an additional penalty based on a formula of the Ministry of Transportation of Ontario ("MTO") hourly rate times each Fire Department unit dispatched per hour. Any special equipment needed, not limited to Ministry of Natural Resources, other Fire Departments, or third party contractors, etc., will be invoiced at cost plus an additional amount 1.5 times cost to cover administrative expenses.

b.)       Subsequent calls - Penalties for subsequent calls will be invoiced to cover costs incurred by the Fire Department, including personnel and equipment called in to extinguish the said fire, based on a formula of the MTO hourly rate times each Fire Department unit dispatched per hour. Any special equipment needed, not limited to Ministry of Natural Resources, other Fire Departments, or third party contractors, etc., will be billed at cost plus an additional amount two times cost to cover administrative expenses.

9)        Fees levied shall be made payable to the Township of Alnwick/Haldimand and are payable within 30 days from the receipt of notice and thereafter shall bear interest at a rate of 1.25 percent per month calculated and payable monthly.  All such fees, together with other charges, taxes and interest thereon which remain unpaid after the due date for payment, may be added to the tax roll and collected as realty taxes in respect of the Property of any person located within the boundaries of the municipality.

10)     No permit will be issued if there is any outstanding penalties, fees and/or charges with respect to Open Air Burn Permit.

11)     All slash and land-clearing debris shall be in piles or wind rows at least 3 m (10') apart.

12)     Burning Brush Piles is prohibited 30 minutes before sunset until 30 minutes after sunrise any day, unless by special permission. This does not apply to a Campfire.

13)     Only one permit is required for an established campground or resort.

14)     Any Open Air Burn Permit may be revoked at any time by the Fire Chief or his/ her designate.

If you have any questions, please call Fire Department administration office at 905-352-1142

 

Permit Fees:

 

Annual Standard Permit Fee $30.00

Annual Campground I Resort Permit Fee $60.00

Special Permit Fee $60.00


Don't forget to call!

Telephone: (289) 677-1714

Frequently Asked Questions

Who can obtain a burn permit?

Only residents living in approved areas can obtain a permit. Permits are conditional and may be revoked at any time.

How can I obtain a standard or campground burn permit?

You may register online using this website, or you can visit us in person.

What can I burn?

For Standard Burn Permits and Campground Burn Permits: Please only burn wood and wood by-products (cardboard, paper etc.).

Do I need a permit?

If you want to have an open-air fire (bonfire, fire pit etc.) then yes, you need an approved permit. If you are having a barbecue a permit is not required.

Can I obtain a Special Burn Permit through this website?

Yes, to obtain a Special Burn Permit you can apply for the permit through this website. Upon completion of the application process, your permit will be submitted for review. In order for your permit to be valid, you must print the Invalid Permit to bring to the Fire Department, schedule an on-site inspection, receive approval from the Fire Chief and pay $60.00 upon receiving approval.

How do I print my Special Permit in order to present to the Fire Department?

1. Complete the Application Process until presented with the screen "Your application has been submitted for review" 2. Select "Go to My Permits" or Select "My Permits" in the top right corner 3. Select appropriate Permit ID (ex. #SP-19-001) 4. Print

How does the process work?

Upon receiving a Valid Permit, you are expected to call into our automated phone system every time you wish to burn in order to register your burn. Failure to register your burn will be seen as a violation of the Terms and Conditions of the permit.

How do I register my burn and how long is my burn active for?

In order to register your burn, you must call (289) 677-1714 and enter the phone number with which you registered your account. The automated phone system will register your intent to burn and your burn will be active for 24 hours.