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HomeMy WebLinkAboutChapter 711 - Burning - Fires - Open Air PROTECTION Chapter 711 BURNING - FIRES - OPEN AIR Article I INTERPRETATION 711.1.1 Building-defined 711.1.2 City-defined 711.1.3 Conducting-defined 711.1.4 Director of By-law Enforcement-defined 711.1.5 Fire Chief-defined 711.1.6 Fire Code-defined 711.1.7 Fire Department-defined 711.1.8 Fire permit-defined 711.1.9 Nuisance-defined 711.1.10 Occupant-defined 711.1.11 Officer-defined 711.1.12 Open air burning-defined 711.1.13 Outdoor appliance-defined 711.1.14 Outdoor burning-defined 711.1.15 Outdoor fireplace-defined 711.1.16 Outdoor fire pit-defined 711.1.17 Owner-defined 711.1.18 Person-defined 711.1.19 Property-defined 711.1.20 Recreational fire-defined 711.1.21 Smoke house-defined KITCHENER 711.1 MARCH 2013 BURNING-FIRES -OPEN AIR 711.1.22 Uncontained fire-defined Article 2 GENERAL PROVISIONS 711.2.1 Applicable-all ands-within City-exception 711.2.2 Uncontained fire-prohibited 711.2.3 Fire extinguished-upon direction Article 3 FIRE BANS 211.3.1 Issued by Fire Chief-fire safety 711.3.2 Issued-by Director of By-law Enforcement-smog 711.3.3 Fire ban-public notification 711.3.4 Burning-during fire safety ban-prohibited 711.3.5 Burning-during fire ban-smog-prohibited Article 4 OUTDOOR FIREPLACES - OUTDOOR APPLIANCES - OUTDOOR FIRE PITS 711.4.1 Fire not creating a nuisance 711.4.2 Fire-distance from structure-other 711.4.3 Fire-times 711.4.4 Material other than wood-prohibited 711.4.5 Extinguisher-hose-required 711.4.6 Supervision-constant watch-required 711.4.7 Combustible ground cover-removed 711.4.8 Fire-maximum size 711.4.9 Fire-fully contained-controlled 711.4.10 Fire-surrounded by non-combustible barrier 711.4.11 Location-storage MARCH 2013 711.2 KITCHENER BURNING-FIRES -OPEN AIR Article 5 SMOKE HOUSES 711.5.1 Nuisance-prevented Article 6 OPEN AIR BURNING 711.6.1 Permit-required 711.6.2 Fire without permit-prohibited 711.6.3 Application in writing-required 711.6.4 Application-information-requirements 711.6.5 Area not suitable-permit not issued 711.6.6 Building construction-permit not issued 711.6.7 Permit-additional terms-conditions 711.6.8 Conduct-during burning-requirements-set out 711.6.9 Permit holder-listed alternate-exception 711.6.10 Hours-dates-permitted-exception 711.6.11 Burning-only at times-dates-specified 711.6.12 Size-maximum 711.6.13 Extinguishment-method-approval 711.6.14 Location-distance from combustibles 711.6.15 Burning materials-permitted 711.6.16 Burning materials-prohibited 711.6.17 Nuisance-prevented-regardless of permit 711.6.18 Guidelines-written-copy to permit holders 711.6.19 Compliance conditions-permit-guidelines 711.6.20 Failure to comply-permit revoked-fire extinguished 711.6.21 Permit-non-transferable 711.6.22 Permit holder-responsible for failure to comply KITCHENER 711.3 MARCH 2013 BURNING-FIRES -OPEN AIR Article 7 OUTDOOR BURNING- SMOKE HOUSE PROHIBITION 711.7.1 Multiple convictions-five-year ban Article 8 ENFORCEMENT 711.8.1 Fine-for contravention 711.8.2 Fire-smoke house-contravention 711.8.3 Fine-exclusive of costs 711.8.4 Inspection-right of entry onto land 711.8.5 Inspection-information required-as requested 711.8.6 Failure to comply-City authorized to act 711.8.7 City action required-cost added to taxes Article 9 EXEMPTION 711.9.1 Campground-facility Article 10 SEVERABILITY 711.10.1 Validity Article 11 REPEAL-ENACTMENT 711.11.1 By-laws-previous 711.11.2 Effective date WHEREAS Council is authorized under subsection 11(2)of the Municipal Pict,2001,c.25 to pass by-laws respecting the environmental well-being of the municipality,the health,safety,and well-being of persons,and the pro- tection of persons and property. MARCH 2013 711.4 KITCHENER 711.1.1 BURNING-FIRES -OPEN AIR 711.1.9 Article 1 INTERPRETATION 711.1.1 Building-defined "building"means: (a) a structure occupying an area greater than ten square metres consisting of a wall,roof and floor or any of them; (b) a structure occupying an area of 10 square metres(107.6 square feet)or less that contains plumbing;or (c) a structure designated in the Building Code,Ontario Regulation 350/06 under the Building Code Pict, 1992. 711.1.2 City-defined "City"means The Corporation of the City of Kitchener. 711.1.3 Conducting-defined "conduct(ing)"of a fire shall include the lighting,burning,use,and mainte- nance of fire;and with respect to recreational fires shall also include sitting by or remaining in close proximity to the recreational fire. 711.1.4 Director of By-law Enforcement-defined "Director of By-law Enforcement"shall mean the City's Director of By-law Enforcement or designate. 711.1.5 Fire Chief-defined "Fire Chief means the City of Kitchener Fire Chief or designate. 711.1.6 Fire Code-defined "Fire Code"shall mean Ontario Regulation 213/07 under the Fire Protection and Prevention Act, 1997. 711.1.7 Fire Department-defined "Fire Department"means the Kitchener Fire Department and any member thereof. 711.1.8 Fire permit-defined "fire permit"means written permission to conduct open air burning granted by the Fire Chief. 711.1.9 Nuisance-defined "nuisance"means smoke, smell, airborne sparks, ash, particles or embers that: (a) are likely to disturb a person; (b) are likely to interfere with the enjoyment or use of a property;or KITCHENER 711.5 MARCH 2013 711.1.10 BURNING-FIRES -OPEN AIR 711.1.12 (c) negatively and unreasonably affect a person due to a medical condition while that person is at a property that he/she occupies or spends significant time at with the consent of an occupant. 711.1.10 Occupant- defined "occupant"means a person having effective control over or apparent pos- session of any property or the relevant portion thereof,and for the purposes of this Chapter a mortgagee-in-possession of property,a receiver and man- ager,a personal representative,or a trustee in bankruptcy who has taken pos- session of a property shall be deemed to have effective control over the property. 711.1.11 Officer-defined "officer" means any member of the Kitchener Fire Department, any City municipal law enforcement officer, any City by-law enforcement officer, and any member of the Waterloo Regional Police Service. By-law 2013-031,4 March,2013. 711.1.12 Open air burning-defined "open air burning"means any fire that is conducted outside a building,in- cluding,without limitation, a fire conducted in a garden,yard, alley, field, park, industrial site, construction site, building lot, parking lot, street, or other open place with the following exceptions: (a) the operation of welding or similar equipment; (b) the operation of a coal or wood fired locomotive or boat; (c) a controlled burn that is part of a manufacturing process; (d) an outdoor fireplace; (e) an outdoor fire pit; (f) an outdoor appliance; (g) a manufactured or non-manufactured barbeque, smoker, fire- place, fire pit, or other appliance provided such is fuelled by natural gas or propane and is in conformance with the Technical Standards and Safety Pict, 2000; (h) a commercially manufactured solid fuel burning barbecue; (i) a commercially manufactured smoker not contained within a building or a fixed structure;or (j) a smoke house.By-law 2013-051, 15 April,2013. JUNE 2013 711.6 KITCHENER 711.1.13 BURNING-FIRES -OPEN AIR 711.1.21 711.1.13 Outdoor appliance-defined "outdoor appliance"means a portable or fixed solid fuel burning device that is not contained within a building,is constructed of non-combustible mate- rial,is wholly or partly enclosed,has a chamber intended to contain combus- tion, and is not designed and intended to cook food.An outdoor appliance may include a stack to direct the flow of air or combustion gases from the ap- pliance, and shall include stoves, furnaces, boilers, fireplace inserts, or ovens. 711.1.14 Outdoor burning- defined "outdoor burning"shall mean any fire that takes place in an outdoor appli- ance, outdoor fireplace, or outdoor fire pit and shall also include an uncontained fire and open air burning. 711.1.15 Outdoor fireplace-defined "outdoor fireplace"means a manufactured or non-manufactured,non-com- bustible,wholly or partially enclosed container that is not fuelled by natural gas or propane,is designed to hold a fire,and is not designed and intended to cook food,and shall include but is not limited to a chiminea. 711.1.16 Outdoor fire pit-defined "outdoor fire pit" means a manufactured or non-manufactured, non-com- bustible,contained pit that is not fuelled by natural gas or propane and is de- signed to hold a fire. 711.1.17 Owner-defined "owner"means the registered owner of property and shall include any per- son fitting the definition of owner under the Fire Code. 711.1.18 Person-defined "person"includes a corporation and a partnership and the heirs,executors, administrators and other legal representatives of a person to whom the con- text can apply according to law. 711.1.19 Property- defined "property"means any public or private land,building,structure or other real property within the City. 711.1.20 Recreational fire- defined "recreational fire"shall mean a fire in an outdoor fire pit,outdoor fireplace, or outdoor appliance. 711.1.21 Smoke house-defined "smoke house"means a fixed structure designed and intended to cook or cure food with smoke. KITCHENER 711.7 MARCH 2013 711.1.22 BURNING-FIRES -OPEN AIR 711.3.4 711.1.22 Uncontained fire-defined "uncontained fire"means a fire that is not protected by a device to halt the spread or development of the fire to the satisfaction of the Fire Chief. De- vices that may in certain circumstances be satisfactory to the Fire Chief may include items such as drums and incinerators. Article 2 GENERAL PROVISIONS 711.2.1 Applicable-all lands-within City-exception The provisions of this Chapter shall apply to all lands and to all outdoor burning within the City except as otherwise stated herein. 711.2.2 Uncontained fire-prohibited No person shall set or use an uncontained fire whether or not that person holds a fire permit. 711.2.3 Fire extinguished-upon direction Every person shall put out a fire forthwith upon direction of an Officer,or upon suspension or revocation of a fire permit. Article 3 FIRE BANS 211.3.1 Issued by Fire Chief-fire safety The Fire Chief may issue a fire ban for any reason pertaining to fire safety. 711.3.2 Issued-by Director of By-law Enforcement-smog The Director of By-law Enforcement may issue a fire ban due to smog con- ditions upon receipt of credible information that a smog advisory is in effect, including but not limited to an e-mail originating from Environment Canada advising that a smog advisory is in effect. 711.3.3 Fire ban-public notification Where a fire ban is issued by either the Fire Chief or the Director ofEnforce- ment,the City shall ensure that notice to the public of the fire ban is given by at least two of the following means: (a) the issuance of a media advisory; (b) posting notification on the City's intemet site;or (c) any other means of giving notice that has a reasonable likeli- hood of coming to the attention of persons who are impacted. 711.3.4 Burning-during fire safety ban-prohibited No person shall conduct any outdoor burning at any time at a location for which a fire ban issued by the Fire Chief is in effect. MARCH 2013 711.8 KITCHENER 711.3.5 BURNING-FIRES -OPEN AIR 711.4.7 711.3.5 Burning-during fire ban-smog-prohibited No person shall conduct any outdoor burning at any time at a location for which a fireban due to smog conditions issued by the Director of By-law En- forcement is in effect. Article 4 OUTDOOR FIREPLACES - OUTDOOR APPLIANCES - OUTDOOR FIRE PITS 711.4.1 Fire not creating a nuisance Every person conducting and every owner permitting to be conducted a rec- reational fire shall ensure that the fire does not create a nuisance. 711.4.2 Fire- distance from structure-other Every person conducting and every owner permitting to be conducted a rec- reational fire shall ensure that the fire is located at a distance of not less than 5 metres (16.4 feet) from any building, structure,property line, tree,hedge, fence,roadway,overhead wire or other combustible article. 711.4.3 Fire-times Every person conducting and every owner permitting to be conducted a rec- reational fire shall ensure that the fire is only conducted between the hours of 6:00 pm and 11:00 pm of any day. 711.4.4 Material other than wood-prohibited Every person conducting and every owner permitting to be conducted a rec- reational fire shall ensure that no material other than brush material includ- ing tree limbs, branches and bush trimmings or manufactured logs specifically designed for fireplaces is burned in the fire. 711.4.5 Extinguisher-hose-required Every person conducting and every owner permitting to be conducted a rec- reational fire shall ensure that a portable fire extinguisher or operable garden hose is available from the time of setting of the fire until the fire is totally extinguished. 711.4.6 Supervision-constant watch-required Every person conducting and every owner permitting to be conducted a rec- reational fire shall ensure that an owner or occupant of the property on which the fire is conducted and of at least eighteen years of age maintains constant watch and control over the fire from the time of setting of the fire until the fire is totally extinguished. 711.4.7 Combustible ground cover-removed Every person conducting and every owner permitting to be conducted a rec- reational fire shall ensure that there is no combustible ground cover within 1 metre(3.2 feet)of the fire. KITCHENER 711.9 MARCH 2013 711.4.8 BURNING-FIRES -OPEN AIR 711.6.2 711.4.8 Fire- maximum size Every person conducting and every owner permitting to be conducted a rec- reational fire shall ensure that the size of the combustion area of the outdoor fireplace,outdoor appliance,or outdoor fire pit is not larger than 1 metre(3.2 feet)in any direction. 711.4.9 Fire-fully contained-controlled Every person conducting and every owner permitting to be conducted a rec- reational fire shall ensure that the fire is fully contained and controlled within the outdoor fireplace,outdoor appliance,or outdoor fire pit. 711.4.10 Fire- surrounded by non-combustible barrier Every person conducting a fire in an outdoor fire pit and every owner permit- ting a fire to be conducted in an outdoor fire pit shall ensure that the outdoor fire pit is contained by a distinctive, raised, non-combustible barrier that completely surrounds the outdoor fire pit to separate it from the surrounding area.This requirement shall apply even where the outdoor fire pit is dug into the ground. 711.4.11 Location-storage Every registered owner of property shall ensure that no outdoor fire pit,out- door fireplace, or outdoor appliance is installed or left in a location where outdoor burning would not be permitted to be conducted pursuant to this Chapter. Article 5 SMOKE HOUSES 711.5.1 Nuisance-prevented Every person operating and every owner permitting to be operated a smoke house shall ensure that the smoke house does not create a nuisance. Article 6 OPEN AIR BURNING 711.6.1 Permit- required No person shall conduct open air burning without first having obtained a fire permit from the Fire Chief. 711.6.2 Fire without permit-prohibited No owner shall permit a person to conduct open air burning unless that per- son has first obtained a fire permit from the Fire Chief. MARCH 2013 711.10 KITCHENER 711.6.3 BURNING-FIRES -OPEN AIR 711.6.7 711.6.3 Application in writing-required Any person eighteen years of age or older,who is the owner or occupant of property within the City upon which the open air burning is proposed, or who has been authorized in writing by the owner or occupant of such prop- erty,may apply to the Fire Department for a fire permit. 711.6.4 Application-information-requirements An applicant for a fire permit under this Chapter shall provide,together with his/her application the following documentation or information: (a) all information or authorization as is required under this Chap- ter; (b) a description of the site to be used for the open air buming(s), sufficient to identify each site for which the application is made; (c) the date and time of the proposed open air burning(s); (d) a description of the materials to be burnt; (e) a description of the method of extinguishment;and (f) such further information as the Fire Department may reason- ably require. 711.6.5 Area not suitable-permit not issued The Fire Department shall not issue a fire permit under this Chapter where it determines that the proposed site at which the open air burning is to be con- ducted is not suitable for that purpose. 711.6.6 Building construction-permit not issued A fire permit shall not be issued for a property where a building is being con- structed. 711.6.7 Permit- additional terms-conditions A fire permit issued under this Chapter may be made subject to such terms and conditions as the Fire Department considers to be necessary: (a) in the interest of public safety; (b) to minimize inconvenience or nuisance to the general public; (c) as advisable in the circumstances;and (d) to give effect to the objects of this Chapter. KITCHENER 711.11 MARCH 2013 711.6.8 BURNING-FIRES -OPEN AIR 711.6.16 711.6.8 Conduct-during burning-requirements-set out Every person obtaining a fire permit and every person conducting open air burning pursuant to a fire permit shall ensure that the permitted open air burning is conducted in accordance with the requirements set out in Section 711.6.9 through Section 711.6.17,inclusive. 711.6.9 Permit holder-listed alternate- exception The fire permit holder must be present and observing said fire from the time of lighting to the time of extinguishment and clean-up of the fire unless en- suring that an alternate who is specifically listed on the fire permit is present and performs these functions. 711.6.10 Hours- dates-permitted-exception The open air burning shall only take place between the hours of 7:00 am to 7:00 pm from April 15 to September 30 and between the hours of 7:00 am to 5:00 pm from October 1 to April 14 of each year unless otherwise approved and noted by the Fire Chief on the fire permit. 711.6.11 Burning-only at times-dates- specified The open air burning shall only take place at the time(s)and date(s)set out on the fire permit,if any. 711.6.12 Size-maximum The maximum size of the fire shall not exceed 1 cubic metre(3 5.3 cubic feet) of material to be burned at any one time,unless an exemption from this re- quirement is specifically obtained from the Fire Chief and noted on the fire permit. 711.6.13 Extinguishment-method- approval A proper method of extinguishment shall be available at all times the open air fire is burning. The method being used must be approved by the Fire Chief and noted on the fire permit. 711.6.14 Location-distance from combustibles Notwithstanding any other provision of this Chapter,the open air burning shall not be permitted within 20 metres(65.6 feet)of any building,structure, hedge,fence,vehicular roadway, overhead wire,property line,or obstruc- tion of any kind or nature whatsoever. 711.6.15 Burning materials-permitted No material other than brush material including tree limbs and branches, leaves,bush trimmings or raked grasses shall be burned. 711.6.16 Burning materials-prohibited No agricultural,industrial or domestic waste of any kind,construction mate- rial,or pressure treated wood shall be burned. MARCH 2013 711.12 KITCHENER 711.6.17 BURNING-FIRES -OPEN AIR 711.6.22 711.6.17 Nuisance-prevented- regardless of permit Notwithstanding the issuance of the fire permit the open air burning shall not be conducted where it causes a nuisance to any person whether due to wind or otherwise. 711.6.18 Guidelines-written-copy to permit holders From time to time,the Fire Chief may formulate guidelines respecting open air burning within the City of Kitchener,and where such guidelines are writ- ten and in force: (a) all such guidelines shall be deemed to constitute terms and con- ditions applicable to any fire permit;and (b) the Fire Department shall give a copy of the current guidelines to any person to whom a fire permit is issued under this Chapter. 711.6.19 Compliance conditions-permit-guidelines Every fire permit holder shall ensure that open air burning is in accordance with any terms and conditions contained in the fire permit or in the guide- lines formulated by the Fire Chief. 711.6.20 Failure to comply-permit revoked-fire extinguished Where any holder of a fire permit fails or refuses to comply with a term or condition to which the fire permit is subject or any provision of this Chapter, or where an officer has a safety concern, an officer may immediately sus- pend or revoke the fire permit and if suspended or revoked the fire permit holder and any alternate conducting a fire pursuant to the fire permit shall immediately take all steps necessary to extinguish the open air burning. 711.6.21 Permit- non-transferable A fire permit issued under this Chapter is not transferable and no person shall transfer a fire permit. 711.6.22 Permit holder-responsible for failure to comply The person to whom a fire permit is granted may be held responsible for any failure to comply with this Chapter even where an alternate designated on the fire permit is present. KITCHENER 711.13 MARCH 2013 711.7.1 BURNING-FIRES -OPEN AIR 711.8.5 Article 7 OUTDOOR BURNING- SMOKE HOUSE PROHIBITION 711.7.1 Multiple convictions-five-year ban Where any person has two convictions under this Chapter for offences oc- curring at the same property,that person shall not conduct any outdoor burn- ing or operate any smoke house at that same property for a period of five years from the date of the second conviction and for a period of five years from the date of any subsequent conviction under this Chapter for an offence occurring at the same property. Article 8 ENFORCEMENT 711.8.1 Fine-for contravention Every person who contravenes any provision of this Chapter is guilty of of- fence and is liable, upon conviction, to a fine for each offence, not exceeding: (a) on a first offence,Five Thousand Dollars($5,000);and (b) on a second or subsequent offence,Seven Thousand Five Hun- dred dollars($7,500). 711.8.2 Fire- smoke house-contravention Notwithstanding Section 711.8.1 every person who conducts outdoor burn- ing or operation of a smoke house in contravention of Section 711.7.1 is guilty of an offence and is liable,upon conviction,to a fine not exceeding Ten Thousand Dollars($10,000). 711.8.3 Fine-exclusive of costs The fine amounts in Section 711.8.1 and Section 711.8.2 are exclusive of costs and are recoverable under the Provincial Offences Pict. 711.8.4 Inspection- right of entry onto land An officer may enter on land at any reasonable time for the purpose ofcarry- ing out an inspection to determine whether or not this Chapter is being com- plied with.Entry to any place actually being used as a dwelling unit shall be subject to the requirements of the Municipal Pict, 2001.However,this right of entry shall in no way restrict any right of entry authorized under the Fire Protection and Prevention Pict, 1997. 711.8.5 Inspection-information required-as requested For the purposes of an inspection pursuant to this Chapter,an officer may: (a) require the production for inspection of documents or things relevant to the inspection; MARCH 2013 711.14 KITCHENER 711.8.6 BURNING-FIRES -OPEN AIR 711.11.1 (b) inspect and remove documents or things relevant to the inspec- tion for the purpose of making copies or extracts; (c) require information from any person concerning a matter re- lated to the inspection;and (d) alone or in conjunction with a person possessing special or ex- pert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 711.8.6 Failure to comply-City authorized to act Where a person fails to comply with any provision of this Chapter,the City may take the required action at that person's expense including the extin- guishing of any fire conducted in contravention of this Chapter. 711.8.7 City action required-cost added to taxes Costs incurred by the City pursuant to Section 711.8.6 may be recovered from the person(s)failing to comply with a provision of this Chapter by add- ing the costs to the tax roll and collecting them in the same manner as prop- erty taxes. Article 9 EXEMPTION 711.9.1 Campground-facility A campground facility operating in a location permitted by the City's Zon- ing By-law 85-1,as amended or any successor thereto,shall be exempt from the provisions of this Chapter save and except for the provisions prohibiting outdoor burning during a fire ban issued by the Fire Chief. Article 10 SEVERABILITY 711.10.1 Validity It is hereby declared that each and every of the foregoing Sections of this Chapter is severable and that, if any provisions of this Chapter or the en- abling by-law should for any reason be declared invalid by any court,it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. Article 11 REPEAL-ENACTMENT 711.11.1 By-laws-previous By-laws 2006-96, 2007-128, 2010-087, 2011-087, 2012-035, 2012-100, 2012-120 and the contents of Chapter 711 are hereby repealed. KITCHENER 711.15 MARCH 2013 711.11.2 BURNING-FIRES -OPEN AIR 711.11.2 711.11.2 Effective date This Chapter shall come into force and effect on April 1, 2013. By-law 2013-031,4 March,2013. MARCH 2013 711.16 KITCHENER