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