HomeMy WebLinkAboutBy-law No. 2006-096 - Municipal Code - Open Air Burning.1�
Repealed by By -law No. 2013 -031
Dated March 4, 2013
BY -LAW NUMBER �L dp& 9(a
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by -law to regulate open air burning in the City of Kitchener).
WHEREAS Part 2 Section 7.1(1) of the Fire Protection and Prevention Act allows a
council of a municipality to pass by -laws regulating the setting of open air fires, including
establishing times during which open air fires may be set;
AND WHEREAS Council is authorized under section 128 of the Municipal Act, 2001, to
pass by -laws to prohibit and regulate public nuisances, including matters that, in the opinion of
Council are, or could become or cause public nuisances;
AND WHEREAS Council considers excessive smoke, smell, airborne sparks or embers
to be or to be capable of becoming or causing 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 fire alarms thus potentially diverting
public resources from real emergencies;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
1. Definitions
"City" means the City of Kitchener;
"conduct" means with respect to a fire to burn, maintain, or to set a fire for burning;
"Fire Chief' means the City of Kitchener Fire Chief or designate;
"Fire Department" means the Kitchener Fire Department and any member thereof;
"Fire Permit means written permission to conduct open air burning granted by the Fire
Chief;
"nuisance" means excessive smoke, smell, airborne sparks or embers that is likely to
disturb others;
"occupant" means the person having effective control over or apparent possession of
any property or the relevant portion thereof, and for the purposes of this by -law, a
mortgagee -in- possession of property, or a receiver and manager, personal
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representative or trustee in bankruptcy who has taken possession of that property shall
be deemed to have effective control over the property;
"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 Services;
"open air burning" means any fire that is conducted outside a building, including a fire
conducted in a garden, yard, alley, field, park, industrial site, construction site, building
lot, parking lot, street, or other open place, but excluding the operation of welding or
similar equipment, the operation of a coal or wood fired locomotive or boat, a controlled
burn that is part of a manufacturing process; a manufactured barbeque; and an outdoor
fireplace operated in accordance with the regulations herein;
"outdoor fireplace" means a manufactured non-combustible enclosed container
designed to hold a small fire for decorative purposes and the size of which is not larger
than 1 meter in any direction and may include, but is not limited to, a chiminea;
"owner" means the registered owner of property and shall include any person fitting the
definition for owner under the Fire Code;
"person" includes a corporation and a partnership and the heirs, executors,
administrators and other legal representatives of a person to whom the context can
apply according to law;
"property" means any public or private land, building, structure or other real property
within the City;
"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. Devices that may in certain
circumstances be satisfactory to the Fire Chief may include items such as drums and
incinerators.
2. The provisions of this by-law shall apply to all lands and to all outdoor fires within the
City.
3. No person shall permit open air burning without first having obtained a Fire Permit from
the Fire Chief.
4. No person shall set or use an uncontained fire whether or not that person holds a Fire
Permit.
5. Fire Permits will not be issued for a property where a building is being constructed.
6. Every person obtaining a Fire Permit shall ensure that the permitted open air burning is
conducted in accordance with the following rules:
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(a) the Fire Permit holder or an alternate specifically listed on the Fire Permit must
be present and observing said fire from the time of lighting to the time of
extinguishment;
(b) 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; or as approved by the Fire Chief and
listed on the permit;
(c) The open air burning shall only take place at the time(s) and date(s) set out on
the Fire Permit, if any;
(d) the maximum size of the fire shall not exceed one (1) cubic metre of material to
be burned at anyone time, unless an exemption is specifically obtained from the
Fire Chief and noted on the Fire Permit;
(e) each fire should have a proper method of extinguishment available at all times
the fire is burning. This method must be approved by the Fire Chief and noted
on the Fire Permit;
(f) notwithstanding any other provision of this by-law, the open air burning shall not
be permitted within 20 metres of any building, structure, hedge, fence, vehicular
roadway, overhead wire, property line, or obstruction of any kind or nature
whatsoever;
(g) No material other than brush material including tree limbs and branches, leaves,
bush trimmings or raked grasses shall be burned;
(h) No agricultural, industrial or domestic waste of any kind shall be burned;
(i) notwithstanding the issuance of the Fire Permit, no open air burning shall be
carried out at a time when a smog alert or smog advisory is in effect with the City
or any part of the City;
U) 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; and
(k) To ensure that every officer so requesting is granted entry to the property on the
date(s) for which the Fire Permit is issued.
Fire Permit Process
7. Any person eighteen years of age or older, who is the owner or occupant of a 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 property, may apply to the Fire
Department for a Fire Permit.
8. The person to whom a Fire Permit is granted shall be present in person at all times
during which the burn is being conducted and cleaned up, and shall be responsible for
the manner in which the same are carried out unless another individual is specifically
designated on the Fire Permit to perform these functions.
9. The Fire Department shall not issue a Fire Permit under this by-law where it determines
that the proposed site at which the open air burning is to be conducted is not suitable for
that purpose.
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10. An applicant for a Fire Permit under this by-law shall provide, together with his or her
application the following documentation or information:
(a) All information or authorization as is required under this by-law;
(b) A description of the site to be used for the open air burning(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 reasonably require.
11. A Fire Permit issued under this by-law may be made subject to such terms and
conditions as the Fire Department considers to be necessary:
(a) in the interests of public safety;
(b) to minimize inconvenience to the general public;
(c) as advisable in the circumstances; or
(d) to give effect to the objects of this by-law.
12. From time to time, the Fire Chief may formulate guidelines respecting open air burning
within the City, and where such guidelines are written:
(a) all such guidelines shall be deemed to constitute terms and conditions applicable
to any Fire Permit subsequently issued, so long as they remain in force; 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 by-law.
13. 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 guidelines formulated by the
Fire Chief.
14. Outdoor Fireplaces - An outdoor fireplace may be operated without a permit between
7:00 am and 11 :00 pm provided that:
(a) it is located at a distance of not less than five (5) meters between the fireplace
and any building, structure, property line, tree, hedge, fence, roadway, overhead
wire or other combustible article;
(b) it is located on a non-combustible surface extending beyond the unit to a
dimension equal to the height of the unit;
(c) it does not create a nuisance;
(d) a portable fire extinguisher or operable garden hose is available while the unit is
in operation; and
(e) the Owner maintains constant watch and control over the outdoor fireplace from
the time of setting of the fire until the fire is totally extinguished.
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15. A Fire Permit issued under this by-law is not transferable and no person shall transfer a
Fire Permit.
16. Where any holder of a Fire Permit fails or refuses to comply with a term or condition to
which the Fire Permit is subject, any provision of this by-law or where an officer has a
safety concern, an Officer may immediately suspend or revoke the Fire Permit and if
suspended or revoked the Fire Permit holder shall immediately take all steps necessary
to extinguish the open air burning.
17. Every person shall put out a fire forthwith upon direction of an Officer, or upon
suspension or revocation of a Fire Permit.
18. Every person who contravenes any provision of this by-law is guilty of an offence and is
liable, upon conviction, to a fine not exceeding Five Thousand Dollars ($5,000),
exclusive of costs, for each offence, recoverable under Section 61 of the Provincial
Offences Act, R.S.O. 1990, Chapter P.33.
19. It is hereby declared that each and every of the foregoing sections of this by-law is
severable and that, if any provisions of this 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.
20. The Clerk of the City is hereby directed to make this by-law a part of The City of
Kitchener Municipal Code by adding it to the Concordance and arranging and
numbering it to fit within the scheme of the Code.
PASSED at the Council Chambers in the City of Kitchener this d-<+- t:tl day
of
~
,2006.
j:d/~
Mayor
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Clerk