Open Air Burning By-law 2012-26

2.1 In this By-law:

     a) "AGRICULTURAL WASTE" shall be deemed to be animal fecal deposits, manure or animal carcasses.

     b) "BARREL OR DRUM" means a large container, usually cylindrical, made of non-combustible material of
           various capacities,

     c) "ASSISTANTS TO THE FIRE MARSHAL" are responsible for carrying out the  provisions of the Fire
          Protection and Prevention Act, 1997, S,O, 1997, c.4 and to include the Fire Chief, Fire Prevention
          Inspector and every person designated by the Ontario Fire Marshal.

     d) "BARBEQUE" means a portable or fixed device including a hibachi, a permanent structure designed and
           intended solely for the cooking of food in the open air and other similar devices designed and intended
           solely for the cooking of food in the open air, but does not include devices designed for personal
           warmth, fire pits or camp fires,

     e) "BIO-MEDICAL WASTE" shall mean any solid waste generated in the diagnosis, treatment, or
           immunization of human beings or animals, in research pertaining thereto, on in the production of
           testing of biological.

     f) "BURN PERMIT" means a permit issued by the Bradford West Gwillimbury Fire & Emergency Services
          authorizing an open air fire.

     g) "CAMP FIRE" means an open air fire where the size of the material to be burned does not exceed 60
           cm in width and 50 cm in height that is set and maintained solely for the purpose of cooking food
           providing warmth and recreational enjoyment.

     h) "CAMPGROUND" means an area of land owned or operated by a person and that contains camp sites
           for the purpose of providing overnight accommodation for tents and trailers.

     i) "CAMP SITE" means a public or private park area designated for camping purposes.

     j) "COMBUSITABLE MATERIAL" means material capable of burning including wood, paper, plastic and
          vegetation, but is not limited to used vehicle parts, tires, oil, grease, paint, cloth, rags, kitchen waste,
          food, and scraps.

     k) "COUNCIL" means the Council of the Corporation of the Town of Bradford West Gwillimbury.

     l) "DOMESTIC WASTE" shall be deemed to include kitchen waste, food scraps, cloths, rags, clothing,
          plastics and any other materials whose contents include any of the aforementioned.

     m)"FARMING BUSINESS" means a farming business as defined in the Farm Registration and Farm
           Organizations Funding Act, 1993, S.O. 1993, c. 21, as amended.

     n)  "FEE AND CHARGES BY-LAW" means the fire departments schedule of rates and fees approved by
            Bradford West Gwillimbury Council as amended.

     o) "FIRE BAN" means any period of time when in the opinion of the Fire Chief it is in the interest of
           public safety to declare a total ban on open air fires.

     p) "FIRE CHIEF" means the Fire Chief of the Bradford West Gwillimbury Fire & Emergency Services, as
           appointed by Council, from time to time, or his duly authorized representative.

     q) "FOREST" means growth of trees, plants or underbrush.

     r) "HAZARDOUS WASTE" means solid waste or combination of solid wastes that, because of quantity,
          concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to
          an increase in mortality or an increase in serious, irreversible, or incapacitating reversible illness or
          pose a substantial hazard to human health or the environment when improperly treated, stored,
          transported, disposed, or otherwise managed.

     s) "HIGHWAY" means and includes a common and public highway, street, roadway, avenue, parkway,
          driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by the general
          public;

     t) "HUMAN WASTE" means the body wastes of human beings.

     u) "INDUSTRIAL WASTE" shall be deemed to include used automobile and truck bodies, tires, oil,
           grease, paint, cloth, rags, plastics and other materials whose contents include any of the
           aforementioned.

     v) "MAINTAIN" means to allow an open air fire to continue to burn and "maintained" and "maintaining"
           have a corresponding meaning;

     w) "ONTARIO FIRE CODE" means O. Reg 213/07 made under the Fire Protection and Prevention Act
           1997, S.0.1997.c.4, as amended.

     x) "OPEN AIR" means any open place, yard, field or construction area which is not enclosed by a building
           or structure.

     y) "OPEN AIR BURNING" means a fire set in the open air or in an Outdoor Wood Burning Appliance.

     z) "OUTDOOR WOOD BURNING APPLIANCE" means an appliance, portable or fixed in place,
           manufactured of non-combustible materials, which contains a chamber located within the firebox of the
           appliance used to contain a combustion flame, a stack to control the flow of air or combustion gasses
           from the appliance, a spark arrester located at the end of the stack to control disbursement of sparks
           and is enclosed on all sides to arrest sparks. The container may also be designed to hold a small fire
           for decorative purposes and may include, but is not limited to chimineas and outdoor fireplaces.

     aa) "OWNER" means the registered owner or any person, firm or corporation having control over or
             possession of any portion of the building or property under consideration and includes the persons in
             the building or property.

     bb) "PERMIT" means a permit issued by the Fire Chief to set a fire in the open air for a specified time
             period.

     cc) "PERSON" means any individual, association, firm, partnership, corporation, agent or trustee and their
            heirs, executors, or other legal representation of a person.

     dd) "SET" means to light an open air fire and "setting" has a corresponding meaning.

     ee) "SMOG ALERT" means an alert issued by the Ministry of Environment with respect to air quality in the
            County of Simcoe or the Region of York.

     ff) "TOWN" shall mean The Corporation of the Town of Bradford West Gwillimbury.

     gg)"WIND SPEED" means the wind speed for Bradford West Gwillimbury as reported on the Weather
            Network web site; (www.theweathernetwork.com/weather/caon0079).

3.1 No permit shall be required for, and the provisions of this by-law shall not apply, to: 

     (a) The fire department shall be exempt from the provisions of this by-law with respect to open air fires for
           the purpose of training, educating individuals in fire safety or for research;

     (b) Commercially produced gas fire appliances conforming to the applicable Canadian Standards
           Association (CSA) codes and standards;

     (c) The Municipality shall be exempt from the provisions of this by-law with respect to open airfires related
           to municipal works;

     (d) If the burning consists of a small confined fire supervised at all times and used to cook food on a
           barbeque.

4.1 No person shall set or maintain an open air fire without first having obtained the necessary permit from
      the Fire Chief.

4.2 No person being the owner or tenant in possession of lands within the municipality shall cause or permit a
      fire to be set on such lands unless a permit has been issued by the Fire Chief in respect to that fire.

4.3 In the absence of being issued a permit, an owner shall be deemed to have permitted a fire to burn and
      the owner assumes all responsibility and liability where a fire has been set or permitted to burn in the
      open air.

4.4 Every person setting, permitting to be set, maintaining, or permitting to be maintained, an open air burn
      authorized under this part shall have legal title to the property to which the open air burn is to occur, or
      the person, or permit holder, shall obtain the prior written consent of the person having legal title to the
      property.

4.5 Every person setting, permitting to be set, maintaining, or permitting to be maintained, an open air burn
      authorized under this part shall allow, at reasonable times, Fire Chief to inspect the location or proposed
      location of the open air burn.

4.6 Notwithstanding any provisions herein, no person shall cause or permit a fire to be set:

     (a) In contravention of the Ontario Fire Code, the Environmental Protection Act, or any other statutory
           requirements of the Province of Ontario or the Government of Canada;

     (b) Burn industrial waste, hazardous waste, human waste, agricultural waste, biological waste, domestic
           waste, petroleum products, plastics, rubber, painted lumber, mixed demolition debris or anything else
           that will cause excessive smoke of fumes;

     (c) On any highway, other public property within the Town;

     (d) In any park owned or operated by the Town without the written permission of the Town;

     (e) In the front or side yard of any residentially, commercially or industrially zoned property within the
          Town unless otherwise approved by the Fire Chief,

     (f) Where the consumption of material will exceed the limit set by the Fire Chief;

     (g) Unless the equipment and resources designated on the permit are available at the fire site at all times
           during the fire;

     (h) With the aid of flammable or combustible liquids or accelerants of any kind;

     (i) Unless the person to whom the permit has been issued or such other person as may be designated in
          the permit is at lease eighteen (18) years of age, and is in attendance at the fire in a responsible and
          supervisory capacity at all times until such time as the fire has been completely extinguished;

     (j) On any site, or in the Vicinity of any site where construction or related activities are carried on;

     (k) No fire in the open air shall be started or maintained when the wind speed is in excess of twenty (20)
          kilometers per hour;

     (l) On days when a Smog Alert has been declared;

     (m) When a fire ban has been issued by the Fire Chief;

4.7 No person shall cause or permit a fire to cause or increase the likely hood of any of the following:

     (a) Permit a fire to burn so as to decrease the visibility on a highway so as to cause, or potentially cause an
           accident;

     (b) Smoke or fire damage to property;

     (c) Odour of smoke to cause discomfort to persons, hazards to health, or loss of enjoyment of normal use
          of property in the immediate area. Obtaining authorization to have an open air fire does not relieve an
          owner from his/her obligation to ensure that smoke does not interfere with the ability of neighbors to
          enjoy their properties or conduct their business without disruption; and

     (d) A spread of fire through grass brush area beyond its intended limits.

4.8 All persons approved to conduct open air burning shall ensure that all fires are completely extinguished
      before the site is vacated.

5.1 The provisions of this section shall apply to open air burning on land within the geographic limits of the
      Town of Bradford West Gwillimbury as designated as rural-agricultural by the Municipality see attached
      Schedule "A" Area A.

5.2 A person may conduct an open air burn if it is part of a normal farm practice carried on as part of a farm
      business on lands zoned for agricultural use, and subject to the conditions set out in this part.

5.3 As part of a farm business in conformance with 5.2 open air burning shall be:

     (a) Not greater than 3 meter in length, width and height;

     (b) Permit or allow the open air bum to be located not less than 30 meters away from any building,
           structure, property line, tree, hedge, fence, roadway, overhead wire or combustible material;

     (c) Ignite and extinguish the fire between sunrise and sun set of the same day;

     (d) Have sufficient equipment and resources available at the burning site to extinguish the open air fire in
           the event that the fire gets out of control or is causing an adverse effect.

     (e) Notify the fire department in person or by telephone prior to the open air burn and at the conclusion of
          the open air burn, and shall provide their permit number and municipal address to the fire department;

     (f) Failure to notify the fire department of any open air burn which results in response to the incident by
          the fire department shall result in charges as set out in the Fees and Charges By-law as amended.

5.4 For all other lands which are part of the designated area under 5.1 open air burning shall be:

     (a) Not greater than 1 meter in length, width and height;

     (b) Permit or allow the open air bum to be located less than 15 meters away from any building, structure,
           property line, tree, hedge, fence, roadway overhead wire or combustible material;

     (c) Ignite and extinguish the fire between sunrise and sun set of the same day;

     (d) Have sufficient equipment and resources available at the burning site to extinguish the open airfire in
           the event that the fire gets out of control or is causing an adverse effect.

5.5 Open air burning shall be attended, controlled and supervised by the permit holder or their representative
      at all times and the fire shall be completely extinguished before the burn site is vacated.

6.1 The provisions of this section shall apply to open air burning on land within the geographic limits of the
      Town of Bradford West Gwillimbury as designated as rural-agricultural by the Municipality see attached
      Schedule "A" Area C - Attachment C for the boundaries of the Holland Marsh.

6.2 A person may conduct an open air burn if it is part of a normal farm practice carried on as part of a farm
      business on lands zoned for agricultural use, and subject to the conditions set out in this part.

6.3 As part of a farm business in conformance with 6.2 open air burning shall be:

     (a) Not greater than 2 meter in length, width and height; 

     (b) Permit or allow the open air burn to be located less than 15 meters away from any building, structure,
           property line, tree, hedge, fence, roadway, overhead wire or combustible material;

     (c) Ignite and extinguish the fire between sunrise and sun set of the same day,

     (d) Have sufficient equipment and resources available at the burning site to extinguish the open air fire in
           the event that the fire gets out of control or is causing an adverse effect.

     (e) Notify the fire department in person or by telephone prior to the open air burn and at the conclusion of
          the open air burn, and shall provide their permit number and municipal address to the fire department;

     (f) Failure to notify the fire department of any open air burn which results in response to the incident by
          the fire department shall result in charges as set out in the Fees and Charges By-law as amended.

6.4 Due to the combustibility of the soil located in the Holland Marsh an annual mandatory site inspection is to
      be conducted by the Fire Chief or his designate to review the location where materials are to be burned,
      review clearances for the site and site preparations required to ensure that the open air burning does not
      spread into the peat soil.

6.5 For all other lands which are part of the designated area under 6.1 open air burning shall be:

     (a) Not greater than 1 meter in length, width and height;

     (b) Permit or allow the open air burn to be located less than 15 meters away from any building, structure,
           property line, tree, hedge, fence, roadway overhead wire or combustible material;

     (c) Ignite and extinguish the fire between sunrise and sun set of the same day;

     (d) Have sufficient equipment and resources available at the burning site to extinguish the open air fire in
           the event that the fire gets out of control or is causing an adverse effect.

6.6 Open air burning shall be attended, controlled and supervised by the permit holder or their representative
      at all times and the fire shall be completely extinguished before the burn site is vacated.

7.1 The provisions of this section shall apply to all land within the geographic limits of the Town of Bradford
      West Gwillimbury and to the setting of fires in an Outdoor Wood Burning Appliance see attached Schedule
       "A" Area A, Band C.

7.2 No person using an Outdoor Wood Burning Appliance shall:

     (a) Set a fire, or permit a fire to burn without a permit;

     (b) Set a fire or permit an fire to burn in an Outdoor Wood Burning Appliance except between the hours of
           sunrise to 11:59 pm;

     (c) Set a fire or permit a fire to burn where the volume of combustible material in an Outdoor Wood
          Burning Appliance is greater than 61 cm in length by 61 cm in width by 61 cm;

     (d) Set a fire or permit a fire to burn where the flames are not contained within the Outdoor Wood Burning
           Appliance at all times;

     (e) Set a fire or permit a fire to burn so as to cause damage to any person or structure;

     (f) Set a fire or permit a fire to burn which creates an odour by setting of a fire or the burning of a fire
          which causes discomfort to any person residing in the area;

     (g) Set a fire or permit a fire to burn unless owner maintains constant watch and control over the Outdoor
           Wood Burning Appliance from the time of setting the fire until the fire is totally extinguished.

7.3 No person shall permit or allow an Outdoor Wood Burning Appliance to be located:

     (a) In contravention of the Bradford West Gwillimbury Zoning Bylaw 2010-050 in any front, exterior side or
           interior side yard in any residential, Commercial, Institutional, Open Space and Open Space
           Recreational or Employment Zone; and

     (b) Less than 5 meters from any building, structure, fence, street, driveway, parking area, lot line,
          overhead wires, or other constructed item;

     (c) Less than 5 meters from any forest or woodland;

     (d) Less than 3 meters from any overhanging vegetation;

     (e) Less than 2 meters from any combustible materials around the Outdoor Wood Burning Appliance.

7.4 It is located on a non-combustible surface extending beyond the container in all directions to a dimension
      of not less than 0.5 m around the base of the Outdoor Wood Burning Appliance.

8.1 The provisions of this section shall apply to open air burning on land within the geographic limits of the
      Town of Bradford West Gwillimbury and to the setting of fires in the open or in a barrel or drum see
      attached Schedule "A" Area A, Band C.

8.2 As part of the designated area under 8.1 open air burning shall be:

     (a) Not greater than 1 meter in length, width and height;

     (b) Permit or allow the open air burn to be located less than 15 meters away from any building, structure,
           property line, tree, hedge, fence, roadway overhead wire or combustible material.

     (c) Ignite and extinguish the fire between sunrise and sun set of the same day,

     (d) Have sufficient equipment and resources available at the burning site to extinguish the open air fire in
           the event that the fire gets out of control or is causing an adverse effect.

9.1 Camp fires shall be confined to a location that provides for a safe distance clearing from combustible
      structures or objects when used in a licensed campground/camp site. A person setting or maintaining a
      camp fire at a campground/camp site shall do so in the provided location and in compliance with all the
      rules and regulations of the owner which have been reviewed by the Fire Chief.

10.1 All persons seeking permission to hold a special event or controlled fire involving open air burning that is
        not governed within Section 5, 6, 7, 8, 9 shall provide the request in writing to the Fire Chief. A 'burn
        plan" which contains an assessment of the risks and safety precautions that will be taken shall be
        included with the request. The Fire Chief may at his/her discretion decide to approve or deny the request.

12.1 Any person eighteen (18) years of age or older may take a written application for an open airfire permit
        to the Fire Chief prior to the proposed date of the first open airfire.

12.2 The application shall include:

     (a) The name, address and phone number of the applicant;

     (b) The property owner's written consent to the open air fire, if the applicant is not the owner of the
           property;

     (c) The municipal address of the location of the proposed open airfire if it differs from the address of the
           applicant;

     (d) An indemnification in writing in accordance with the terms of Section 18; and

     (e) The applicable open air fire permit fee in accordance with the Fees & Charges By-law current for that
           year.

     (f) Have sufficient equipment and resources available at the burning site to extinguish the open air fire in
          the event that the fire gets out of control or is causing an adverse effect.

13.1 No permit holder shall undertake to set or maintain an open air fire except in accordance with the
        conditions of the permit.

13.2 The permit holder shall comply at all times with the Fire Protection and Prevention Act and with all other
        applicable municipal by-laws, provincial and federal laws.

13.3 An annual permit issued under this section is valid on the date of issue and for the balance of the
       calendar year in which the permits is issued.

13.4 Ensures that a person eighteen (18) years of age or older maintains constant watch and control over the
        open air fire at all times from the time of the setting of the fire until the fire is totally extinguished.

13.5 Produces his or her permit upon being so directed by the Fire Chief or his designate.

13.6 Immediately extinguishes the fire upon being so ordered by the Fire Chief or his designate.

13.7 Ensure that no damage is done to any property or injury caused to any person while setting a fire or
        permitting a fire to burn, and shall otherwise jointly and severally be responsible for any damages or
        injury to persons or property as a result of setting the fire, or permitting the fire to burn.

13.8 The Fire Chief may attach such additional conditions to a permit as he or she deems necessary to ensure
        public safety.

13.9 A permit for an open airfire issued under this by-law is not transferable.

13.10 Have sufficient equipment and resources available at the burning site to extinguish the open air fire in
          the event that the fire gets out of control or is causing an adverse effect.

14.1 All open air burning shall be restricted on days when smog alerts are issued by Environment Canada.

15.1 All open air burning shall comply with the provisions of the Environmental Protection Act, R.S.O. 1990, c
        E.19, as amended.

16.1 Notwithstanding the provisions of this by-law, the Fire Chief or his designate may institute a bun ban at
        any time, as may be deemed necessary to protect the natural environment, and no person shall be
        entitled to a burn permit during a burn ban.

16.2 That no person shall be issued a burn permit during burn ban, nor shall any person ignite a fire during
        this period unless authorized by the Fire Chief or his designate.

16.3 The Fire Chief may declare an open air burning ban at any time when in the opinion of the Fire Chief it is
        in the best interest of public safety.

16.4 Notwithstanding 16.1. the Fire Chief when satisfied of the need may authorize an open air burning during
       the time period when a ban has been imposed.

16.5 An extension of time may be granted on request to individuals who have obtained an open air burn
        permit but have not been able to burn due to a ban.

17.1 Permits issued to a permit holder under this by-law may be revoked by the Fire Chief or his designate if,
        in the opinion of the Fire Chief, a dangerous condition exists in or near the site of the open airfire.

17.2 Permits issued to a permit holder under this by-law may be revoked by the Fire Chief or his designate if
        the permit holder fails to comply with the requirements of the permit or permits and any other provisions
        of this by-law.

17.3 Permits that have been revoked by the Fire Chief for failure to comply with the requirements of the
        permit and any other provisions of this by-law will be subject to an inspection of the site at the owner's
        expense before the permit can be re-instated.

18.1 The applicant shall indemnify and save harmless the Town of Bradford West Gwillimbury from any and all
        claims, demands, causes of action, losses, costs or damages that the Town of Bradford West Gwillimbury
        may suffer, incur or be liable for resulting from the open air fires as set out in the by-law whether with or
        without negligence on the part of the applicant, the applicant's employees, directors, contractors and
        agents.

19.1 Should any section of this by-law be declared by a court of competent jurisdiction to be ultra vires or
        illegal for any reason, the remaining parts shall be nevertheless remain valid and binding, and shall be
        read as it the offending section or part has been struck out.

20.1 User Fees are hereby established for certain services provided by the Bradford West Gwillimbury Fire and
        Emergency Services Department as set out on Schedule "B" attached hereto and forming part of this by
        law (hereinafter "Fees")

20.2 In the event the Fire Department responds to a open air burning incident being conducted without a
        permit, or in violation of the conditions of the permit, or when a person has failed to call back to
        acknowledge the fire has been extinguished, or who fails to extinguish a fire once notification to do so
        has been given to him/her by the Fire Chief or his designate, the full costs of extinguishment, including
        labour costs and equipment costs as determined by the Fire Chief, may be charged to the property owner
        and/or permit holder pursuant to the Fees and Charges by-law, as amended from time to time.

20.3 That every person who contravenes any provisions of this by-law is, upon conviction guilty of an offence
        and shall be liable to a fine, subject to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33,
        as amended, and be subject to any other penalties permitted by law for each offence. Each day such
        violation continues, shall constitute a separate offence and shall be punishable as such.

20.4 Any person who violates any provision of this by-law is, upon conviction, guilty of an offense under the
        Fire Protection and Prevention Act, 1997, and if convicted to a fire of not more than $50,000 or
        imprisonment for a term of not more than one year, or both.

21.1 The provisions of this by-law shall be enforced by the Fire Chief or his designate, Assistants to the Fire
        Marshall, Municipal Law Enforcement Officers, or duly appointed individual.

21.2 No person shall hinder or obstruct, or attempt to hinder or obstruct those individuals charged with the
        enforcement of this by-law under section 21.1 from carrying out their duties under this by-law.

21.1 This by-law numbered 2012-026 shall take full force and effect on the 17th day of April, 2012.

ENACTED THIS 17th DAY OF APRIL, 2012.

THE CORPORATION OF THE TOWN OF BRADFORD WEST GWILLIMBURY

Original signed by Glen Knox, Acting Clerk and Doug White, Mayor.