Open Air Burning By-law 2021-070

"Open Air Burning” means the setting of a fire in the open air for the purpose of burning grass, leaves, petroleum products, household garbage, plastics, rubber, painted or pressure treated lumber or any other rubbish and combustible material and includes burning in barrels, drums, pits, outdoor fireplaces either masonry, metal, or clay pot type, but does not include small confined fires, or fires used to cook on a grill or barbecue that are supervised at all times;

"Adverse Effect" means impairment of the safety of any person and or damage to property;

"Agricultural Fire" means an open-air fire where materials to be burned does not exceed 6 metres in height, 6 metres in width and 6 metres in length and where the open-air fire is set and maintained solely for the purposes of burning wood, tree limbs and branches;

"Approved Device means a container that is CSA/ULC approved or approved by the Fire Chief to contain an open-air fire;

"Barbecue" means a portable or fixed device designed and intended solely for the cooking of food in the open air but does not include outdoor fireplaces or campfires;

"Balcony" means a platform projecting from a wall of a multiple unit dwelling, surrounded by a railing or balustrade;

"Brush fire" means an open-air fire where the material to be burned does not exceed 3 metres in height, 3 metres in width and 3 metres in length and where the open-air fire is set and maintained solely for the purposes of burning wood. tree limbs and branches;

“Burn Permit” means a permit that is issued in accordance with this Bylaw, authorizing a “Brush Fire, Agricultural or Specific Use” open air fire;

"By-law Enforcement Officer" means a person duly appointed by the Council of Loyalist Township to enforce by-laws;

"Campfire” means an open-air fire that is set and maintained solely for the purpose of cooking food. providing warmth and/or recreational enjoyment;

“Cooking Device" means a non-combustible device designed for and used for the cooking of food;

“Dangerous condition" means any condition as determined by the Fire Chief that increases the risk of the spread of a fire or Is averse to public safety;

"Farming business" means a farming business as defined in the Farm Registration and Farm Organizations Funding Act, S.O. 1993, as amended;

“Fire Chief” means the Director of Emergency Services as appointed by the Council of Loyalist Township or anyone authorized to act on his/her behalf ;

"Flying/floating lanterns” means a combustible material warm air floating device which uses an open flame for floatation;

"FPPA" means the Fire Protection and Prevention Act, S.O. 1997, c4, as amended, and the regulations enacted thereunder as amended from time to time. or any Act or Regulation enacted in substation therefore;

"Household waste" means combustible material such as plastics, paints, oils, solvents, rubber, insulation, batteries, acids, polystyrenes (Styrofoam), pressure treated or painted lumber, tires, upholstered furniture, synthetic fabrics, diapers and hazardous waste as defined in the Environmental Protection Act and all other similar and like materials;

"Highway" means a common and public highway and includes any bridge, trestle. viaduct or other structure forming part of the highway and, except as otherwise provided, Includes a portion of the highway;

“Lot line" means any boundary of a lot or the vertical projection thereof;

“Maintain” means to allow an open-air fire to continue to burn and "maintained" and "maintaining" have a corresponding meaning;

“Material to be burned" means total volume of materials contained in the fire;

"Municipality" means The Corporation of Loyalist Township or the geographic area of the Municipality of the Corporation of Loyalist Township;

"Non-approved Device" means a container that is not CSA/ULC approved to contain an open-air fire and can include but are not limited to drums, barrels, oil tanks, gas tanks, wheel rims;

"Outdoor fireplace" means a manufactured, non-combustible, enclosed container designed to hold a small fire for decorative purposes and includes, but is not limited to, a chiminea or fire bowl;

“Partial Burn Bann” means a period of time which the Fire Chief declares open-air burning restricted to the use of campfires, outdoor fireplaces and cooking devices

“Person" means any individual, association, firm, partnership, corporation, agent or trustee and the heirs, executors, or other legal representatives of a person to whom the context can apply according to law;

"Portable appliance" means an appliance that is used for the sole purpose of heating a material for construction purposes and is CSA and/or ULC approved;

"Prohibited Materials" includes wet materials, household waste, rubber or rubber products, plastic or plastic products, pressure treated or painted lumber and waste petroleum products and any material or materials which are prohibited by the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended;

“Prohibited Areas” are those areas within the Corporation of Loyalist Township as outlined in Schedule 1 of this By-Law;

“Property" includes a building or structure or part of a building or structure, and includes the lands appurtenant thereto and all mobile homes, mobile buildings or mobile structures and vacant land:

"Registered owner" includes the person who is shown as owner of a property in the records of the Land Registry Office, a trustee acting on behalf of the registered owner, the estate trustee of a registered owner, a person with a leasehold interest In the land and an authorized representative of a corporate registered owner;

“Spark Screen” means a metal screen or shield placed over – above cooking or campfire to restrict sparks or embers;

"Total Burn Ban" means a period of time during which the Fire Chief declares a ban on any open air burning, including cooking fires and campfires.

2. Application

This By-Law applies within the geographic boundaries of the Corporation of Loyalist Township:

3. Non Application

This By-law does not apply to a person who sets a fire:

(a) In an incinerator operated in accordance with the Certificate of Approval issued pursuant to the Environmental Protection Act, R.S.O. 1990, c.E.1g and Regulations thereunder;

(b) In a device which has been installed outside of a building which meets each of the conditions;

(i) The device is designed for and used as a source of heat or power for the building or Is designed for and used for a purpose ancillary to a manufacturing process;

(ii) the certification of the device is produced upon request of a Bylaw Enforcement Officer or the Fire Chief; and

(iii) the device Is in good working order;

4. Effect of Other Legislation

Nothing in this By-law shall be deemed to authorize any fire, burning or other act that is in contravention of the Environmental Protection Act R.S.O. 1990, c.E.19, the Forest Fires Prevention Act, R.S.O. 1990, c.F.24, the Fire Protection and Prevention Act, S.O. 1997, c4, or other federal or provincial statute, or any Regulation made thereunder. In the event of any conflict between the provisions of the By-law and said Act or Acts or Regulations, the said Act or Acts or Regulations made thereunder shall govern. In the event of any conflict between the provisions of the By-law and any other municipal by-law, the provision that establishes the higher standard to protect the health, safety and welfare of the general public shall prevail.

5. Prohibition - Setting Fires

Except as provided in Section 4, no person shall set a fire in the Municipality unless:

a) The fire is in accordance with all the conditions and permit requirements included in this By-Law;

b) The fire set in an approved device and does not constitute a health or environmental concern to any resident or business;

6. Training or Demonstration Fires

For the purpose of the By-law, a training or demonstration fire is a fire which

(a) is set in the Municipality for the purpose of demonstrating firefighting equipment or as a training exercise;

(a) The Fire Chief Is authorized to give written consent for the setting of a demonstration or training fire.

7. Permitted Fire

For the purposes of this By-law, a permitted fire is a fire that complies with all Regulations and conditions as described within this by-Law

8. General Prohibitions

(a) No person shall set or maintain an open-air fire that is in contravention with any part of this By-Law;

(b) No person shall set or maintain any open-air “Brush Fire” within any of the "Prohibited Areas" identified in Schedule 1 of this By-Law;

(c) No person shall set or maintain a fire in a burn barrel or other non- approved container;

(d) No person shall set or burn grass;

(e) No person shall burn prohibited materials or household waste in an open air fire;

(f) No person shall use a flying/floating lantern as defined;

(g) No person shall set or maintain any open-air fires other than a permitted campfire as defined and the use of cooking devices as defined, when a partial burn ban on open-air fires has been issued by the Fire Chief;

(h) No person shall set or maintain any open-air fire when a total burn ban on open-air fires has been issued by the Fire Chief;

9. Consent of Registered Owner

No person shall set or maintain a permitted fire on any property in the Municipality unless:

(a) The person setting or maintaining the fire is the registered owner or the authorized designate of the property on which the fire is set;

(b) The person setting or maintaining the fire has the written consent of at least one registered owner of the property on which the fire Is set.

10. Prohibited Conditions

No person shall set or maintain a permitted fire in the Municipality in a location or in a condition likely to cause or result in:

(a) A decrease in visibility on any highway from smoke;

(b) Inconvenience or irritation to others from smoke or fumes;

(c) The spread of the fire due to the proximity of any combustible materials;

(d) Wind speed does not exceed30 kph;

(e) Smoke migration or smoke travel causes a health concern to a neighboring property, resident or business;

11. Campfire

No person shall set or maintain a campfire unless they ensure all the following conditions are met:

• The campfire is contained within an area of non-combustible metal, masonry. ceramic or stone or is contained within a pit in the ground and has a maximum diameter or 60 centimeters;

• The material burned in the campfire is clean dry wood in a single pile that is less than 60 centimeters in height. width and length;

• The campfire is located not less than four (4) metres from any building, hedge, fence, overhead wiring or other combustible material or lot line;

• The person tending the campfire has tools or water adequate to contain the fire within the campfire area;

• Any campfire within the areas identified in Schedule 1 be equipped with a spark screen or cover;

• The fire is not set or maintained during a period identified as having a “Total Burn Ban” in place

12. Fire in an Outdoor Fireplace

No person shall set or maintain a fire in an outdoor fireplace unless they ensure all the following conditions are met: 

• The outdoor fireplace is not located on a balcony

• The outdoor fireplace is not located on any combustible surface;

• The outdoor fireplace is in good working order;

• The outdoor fireplace is located not less than four (4) metres from any building, hedge, fence, overhead wiring or other combustible material or lot line;

• The person burns only clean dry wood or commercial charcoal in the outdoor fireplace;

• Any fire in an outdoor fireplace within the areas identified in Schedule 1, the appliance or fireplace must be equipped with a spark screen or cover;

• The fire is not set or maintained during a period identified as having a “Total Burn Ban” in place;

Permit Required For Brush – Agricultural and Specific Event Fires

13. Brush Fire

No person shall set or maintain a brush fire unless they ensure all the following conditions are met:

• No person shall conduct a brush fire without obtaining a permit as outlined in Part 5

• The fire is set and maintained at no less than forty (40) metres from any building, hedge, fence, overhead wire or other combustible material, or lot line;

• The pile of materials to be burned in the fire do not exceed three (3) metres in length. three (3) metres in width, and three (3) metres in height;

• They have the necessary means immediately available at the site of the fire to permit them to extinguish the fire, to limit its spread, and if necessary, to summon Loyalist Township Emergency Services;

• Brush fires are only permitted in areas outside of those identified in Schedule 1 of this By-Law; 

• That the person present and in control of the Brush Fire is the person identified in the Burn Permit

14. Agricultural Fire

No person shall set or maintain an agricultural fire unless they ensure all the following conditions are met:

• No person shall conduct a agricultural fire without obtaining a permit as outlined in Part 5

• The fire is set and maintained at no less than sixty (60) metres, or such greater distance from any building, hedge, fence, overhead wire or other combustible material, or lot line;

• The materials to be burned in the fire do not exceed six {6) metres in length, six {6) metres in width and six (6) metres in height;

• The person setting the fire has the necessary means immediately available at the site of the fire to permit them to extinguish the fire, to limit its spread, and if necessary, summon Loyalist Township Emergency Services;

• Agricultural Fires are only permitted in areas outside of those identified in Schedule 1 of this By-Law;

• That the person present and in control of the Agricultural Fire is the person identified in the Burn Permit

15. Specific Event

A community not-for-profit organization, school, religious institution or a resident may apply in writing to the Fire Chief for a specific event permit to conduct open air fires for cultural, religious or recreational specific event and if they ensure all of the following conditions are met:

• No person shall conduct a specific event fire without obtaining a permit as outlined in Part 5

• All conditions as set out on the permit are followed;

• The person or organization issued the permit has the necessary means immediately available at the site of the permit to extinguish the fire or to limit its spread and if necessary, summon Loyalist Township Emergency Services;

• Permit issued Is valid only for the time(s) and day(s) set out on the issued Burn Permit;

• Specific Event fires are only permitted in areas outside of those identified in Schedule 1 of this By-Law;

• That the person present and in control of the Specific Event Fire is the person identified in the Burn Permit;

16. Fire in a Cooking Device

No person shall set or maintain a fire in a cooking device unless they ensure all the following conditions are met:

The cooking device:

(i) is not located on a balcony;

(ii) is located at least one (1) metre from any building or structure; and is in good working order;

(iii) The person burns only commercial charcoal compressed gas or wood in the cooking device, as is 

17. Heating During Construction

No person may set or maintain a fire in a portable appliance during a construction or maintenance process unless they ensure all the following conditions are met:

• The portable appliance is designed for that purpose;

• The portable appliance is only used for that purpose;

• The portable appliance is used in accordance with manufacturer's instructions;

• The portable appliance is in good working order;

• Burn Barrels or drums are not permitted

18. Request for a Burn Permit

(a) Any person eighteen (18) years of age or older may apply for an open-air fire permit to the Fire Chief prior to the proposed date of any open-air burning;

(b) The applicant for a burn permit shall provide all the information and such other documentation or materials as may be requested by Loyalist Township Emergency Services prior to obtaining the burn permit.

19. Issuing of a Burn Permit

The Fire Chief shall review the request for a burn permit and the documentation or materials filed with the request and shall and shall:

(a) Approve the request and issue the burn permit to the applicant;

(b) conditionally approve the request subject to such restrictions. regulations or conditions as the Fire Chief in his/her sole discretion consider advisable;

(c) refuse to approve the request;

(d) Where the Fire Chief refuses to approve a request for an open air burn permit, the Fire Chief shall advise the applicant that the request has been refused;

20. Burn Permit

(a) Any permit issued under this by-law is personal to the permit holder and shall not be transferred or assigned;

(b) A permit shall be valid only for the period of time for which it was issued and shall expire on the date or in the manner specified in the burn permit;

(c) The person who was issued the burn permit is responsible for any costs associated with Loyalist Township Emergency Services being required to attend to extinguish or control the fire;

21. Permit Holder

No person holding a burn permit or specific event permit shall set or maintain a fire under the authority of said permit, except in accordance with the terms and conditions of said permit and this by law:

22. Revocation of Burn Permit

The Fire Chief may, at any time, in their sole discretion, revoke any burn permit, if the Fire Chief reasonably believes that:

• Any of the information provided with the request or supporting documentation or materials are not accurate;

• A term or condition of the bum permit is not being observed;

Any Cooking or Campfire device being used within the identified areas in Schedule 1 must be equipped with either a “spark screen” or a “spark arrester” to ensure the limiting of any sparks from the device;

Any propane or natural gas outdoor fireplace or cooking appliance is considered approved device as long as it is operated within the manufacture’s specifications;

24. Enforcement

No person shall obstruct, hinder or in any way interfere with any person designated to enforce this By-law:

25. Right of Entry

Upon producing proper identification, a By-law Enforcement Officer or the Fire Chief or his/her representative may, at all reasonable times enter upon and inspect any property to determine if there Is a contravention of this by-law and to enforce or carry into effect the by law.

26. Extinguishing any fire

(a) The Fire Chief may direct a person to extinguish any fire where in their opinion, there is a contravention of this by-law;

(b) Where the action taken by such person in extinguishing any such fire pursuant to 28(a) of the FPPA is, in the opinion of the Fire Chief not adequate, the Fire Chief may take such action as he or she considers necessary to
control and extinguish the fire;

27. Cost to Extinguish Fire

Any costs and expenses of any action by the Municipality with respect to controlling or extinguishing a fire that is caused by, or results from, the conduct of a person acting contrary to this by-law, or is caused by or results from a person disobeying or refusing or neglecting to carry out any of the provisions of this by-law, will be assessed in accordance with the Municipalities current Loyalist Township Miscellaneous Fees By-Law in effect at the time of the infraction, and are payable by that person to the Corporation of Loyalist Township on the date specified in the request for payment and if not paid on the date specified, such costs and expenses together with costs of collection, including legal fees and disbursements, are recoverable as a debt due to the Municipality by any remedy or procedure available to the Municipality by law and may be recovered in a like manner as taxes;

28. Civil Action

Nothing in this by-law affects or shall be held to limit or interfere with the right of any person to bring and maintain a civil action for damages occasioned by fire.

29. Offence

Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to a fine as provided in the Provincial Offences Act, R.S.O. 1990, c.P.33 as amended.

30. Conflict with Other By-Laws

That By-law 2020-025 is hereby repealed and in the event of any conflict between the provisions of this by-law and any other by-law regarding the regulation of open air fires the provisions of this by-law shall prevail, but nothing in this by-law shall invalidate the enforceability of other provisions of those by-laws.

31. The Clerk of Loyalist Township is hereby authorized to make any minor modifications or corrections of an administrative, numerical, grammatical, semantically or descriptive nature or kind to the By-Law and schedule as may be deemed necessary after the passage of this By-Law, where such modifications or corrections do not alter the intent of the By-Law;

32. This By-law shall come into force on November 8, 2021.

Enacted and passed this 8th day of November, 2021