HomeMy WebLinkAboutBy-law No. 2011-087 - Amend c.711 - Open Air BurningRepealed by By -law No. 2013 -031
Dated March 4, 2013
BY -LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by -law to amend Chapter 711 of The City of
Kitchener Municipal Code with respect to Open Air Burning.)
WHEREAS it is deemed expedient to amend Chapter 711 of The City of
Kitchener Municipal Code as adopted by By -law 88 -100;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Section 711.1.6 is hereby deleted in its entirety and the following is substituted
therefor:
"711.1.6
"nuisance" means smoke, smell, airborne sparks, ash, particles or embers that
disturb or are likely to disturb a person, or that interfere or are likely to interfere
with the enjoyment or use of a property."
2, Article 1 is hereby amended by adding the following definitions and renumbering
all definitions therein accordingly:
" "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 ten square metres or less that contains
plumbing, or
(c) a structure designated in the Building Code, Ontario Regulation 350106.
"outdoor appliance" means a portable or fixed solid fuel burning device that is not
contained within a building, is constructed of a noncombustible material, is wholly
or partly enclosed, and teas a chamber intended to contain combustion. An
outdoor appliance may include a stack to direct the flow of air or combustion
gases from the appliance, and shall include stoves, furnaces, boilers, smokers,
fireplace inserts, or ovens.
3. Section 711.2.9 is hereby deleted in its entirety and the following is substituted
therefor:
"7.11.2.9
(a) No person shall conduct a fire in an outdoor fireplace or outdoor appliance not
in accordance with the provisions of section 7.11.2.10.
2
(b) No owner shall permit a fire to be conducted in an outdoor fireplace or
outdoor appliance not in accordance with the provisions of section 711.2.10."
4. Section 711.2.10 is hereby amended by deleting the words "An outdoor fireplace
may be operated without a permit provided:" and substituting the words "No fire
shall be conducted in an outdoor fireplace or outdoor appliance without a permit
unless:" therefor.
5. Section 711.2.11 is hereby deleted in its entirety and the following is substituted
therefor:
"711.2.11
(a) No person shall conduct a fire in an outdoor fire pit not in accordance with the
provisions of section 711.2.12.
(b) No owner shall permit a fire to be conducted in an outdoor fire pit not in
accordance with the provisions of section 711.2.12."
6. Section 711.2.12 is hereby amended by deleting the words "An outdoor fire pit
may be operated without a permit provided:" and substituting the words "No fire
shall be conducted in an outdoor fire pit without a permit unless:" therefor.
PASSED at the Council Chambers in the City of Kitchener this ~ 3 ~ day
of , A. D. 2011.
`%~'`ic' ~~~/
Mayor
Clerk