HomeMy WebLinkAboutBy-law No. 2007-128 - Amend c.711 - Open Air BurningRepealed by By -law No. 2013 -031
Dated March 4, 2013 BY -LAW NUMBER a o t -7 _
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by -law to amend Chapter 711 of The City of
Kitchener Municipal Code regarding Open Air Burning)
WHEREAS it is deemed expedient to amend Chapter 711 of The City of Kitchener
Municipal Code adopted by By -law 88 -100;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
1. Sections 711.1.9 and 711.1.10 of The City of Kitchener Municipal Code are hereby
deleted and substituted therefor is the following:
11711.1.9 Open air burning — defined
`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. For the purpose of this by -law open air
burning does not include the following:
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) a manufactured or non - manufactured outdoor fire place or a manufactured or
non- manufactured outdoor fire pit, not fueled by natural gas or propane and
operated in accordance with the regulations herein;
e) an appliance which is fueled by natural gas or propane, including but not limited
to a manufactured or non - manufactured barbeque, fireplace or fire pit, that is in
conformance with the Technical Standards and Safety Act, 2000, is for outdoor
use and is installed in accordance with the manufacturer's instructions."
711,110 Outdoor fireplace — defined
`outdoor fireplace' means a manufactured or non - manufactured, non - combustible,
enclosed container that is not fueled by natural gas or propane and is designed to hold a
small fire for decorative purposes and the size of which is not larger than 1 metre (3.2
feet) in any direction and may include, but is not limited to a chimines."
2. Sections 711.1.11 to 711.1.14 of The City of Kitchener Municipal Code are hereby
renumbered to Sections 711.1.12 to 711.1.15.
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3. Article 1 of Chapter 711 of The City of Kitchener Municipal Code is hereby further
amended by adding a new definition as follows:
"711.1.11 Outdoor fire pit -defined
`outdoor fire pit' means a manufactured or non-manufactured, non-combustible,
contained pit that is not fueled by natural gas or propane and is designed to hold a small
fire for decorative purposes and the size of which is not larger than 0.6 metres (24
inches) in any direction."
4. Sections 711.2.5 to 711.2.17 of The City of Kitchener Municipal Code are hereby
deleted and substituted therefor is the following:
711.2.5 Smog alert -advisory -burning prohibited
No person shall conduct any outdoor burning or conduct any fire in an outdoor fireplace
or outdoor fire pit at any time when a smog alert or smog advisory is in effect within the
City or any part of the City, whether or not that person holds a Fire Permit.
711.2.6 Fire extinguished upon direction of officer
Every person shall put out a fire forthwith upon direction of an Officer, or upon
suspension or revocation of a Fire Permit.
711.2.7 Open air burning -duty to comply with conditions
No person shall conduct open air burning not in accordance with the conditions set out
in section 711.2.8.
711.2.8 Open air burning -conditions
Every person obtaining a Fire Permit shall ensure that the permitted open air burning is
conducted in accordance with the following rules:
(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 any one 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;
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(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, construction material or
pressure treated wood shall be burned;
(i) 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
Q) to ensure that every officer so requesting is granted entry to the property on the
date(s) for which the Fire Permit is issued.
711.2.9 Outdoor fireplace -duty to comply with conditions
No person shall conduct a fire in an outdoor fireplace not in accordance with the
conditions set out section 711.2.10.
711.2.10 Outdoor fireplaces -conditions
An outdoor fireplace may be operated without a permit between 7:00 a.m. and 11:00
p.m. provided that:
(a) it is located at a distance of not less than five metres (16.4 feet) between the
fireplace and any building, structure, property line, tree, hedge, fence, roadway,
overhead wire or other combustible article;
(b) it is located on anon-combustible surface extending beyond the unit to a
dimension equal to the height of the unit;
(c) no material other than brush material including tree limbs, branches and bush
trimmings or manufactured logs specifically designed for fireplaces shall be
burned in any outdoor fireplace;
(d) it does not create a nuisance;
(e) a portable fire extinguisher or operable garden hose is available from the time of
setting of the fire until the fire is totally extinguished; and
(f) the owner or occupant is eighteen years of age or older and maintains constant
watch and control over the outdoor fireplace from the time of setting of the fire
until the fire is totally extinguished.
711.2.11 Outdoor fire pit -duty to comply with conditions
No person shall conduct a fire in an outdoor fire pit not in accordance with the conditions
set out in section 711.2.12.
5.
day of
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711.2.12 Outdoor fire pits -conditions
An outdoor fire pit may be operated without a permit between 7:00 a.m. and 11:00 p.m.
provided that:
(a) it is located at a distance of not less than five metres (16.4 feet) between the fire
pit and any building, structure, property line, tree, hedge, fence, roadway,
overhead wire or other combustible article;
(b) the fire is fully contained and controlled within the pit and does not exceed more
than 0.5 metres (20 inches) in height;
(c) it is contained by a distinctive, raised, non-combustible barrier that completely
surrounds the fire pit to separate it from the surrounding area;
(d) there is no combustible ground cover within one (1) metre of the fire pit;
(e) no material other than brush material including tree limbs, branches and bush
trimmings or manufactured logs specifically designed for fireplaces shall be
burned in any outdoor fireplace;
(f) it does not create a nuisance;
(g) a portable fire extinguisher or operable garden hose is available from the time of
setting of the fire until the fire is totally extinguished; and
(h) the owner or occupant is eighteen years of age or older and maintains constant
watch and control over the outdoor fire pit from the time of setting of the fire until
the fire is totally extinguished."
Article 3 of Chapter 711 of The City of Kitchener Municipal Code is hereby amended by
deleting section 10 therefrom.
PASSED at the Council Chambers in the City of Kitchener this
A.D. 2007.
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Mayor
Clerk