3072 To provide for the regulation of open air burning in the Town of Tillsonburg
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CORPORATION OF THE
TOWN OF TILLSONBURG
By-law Number 3072
A By -Law to provide for
THE REGULATION OF OPEN AIR BURNING IN THE TOWN OF TILLSONBURG
WHEREAS Section 7.1 (1) of the Fire Protection and Prevention Act, 1997, S.O., provides that a
Council of a Municipality may pass by-laws regulating the setting of open air fires, including the
times during which open air fires may be set;
AND WHEREAS Section 2.6.3.4 of the Ontai-io Fire Code provides for the prohibition of open
air burning unless approved or unless such open air burning consists of the use of a barbecue to
cook food, provided such devices contain a small contained fire which is supervised at all times.
THEREFORE the Municipal Council of The Corporation of the Town of Tillsonburg enacts as
follows:
SHORT TITLE
OPEN AIR BURNING REGULATIONS BY-LAW
Part 1
1.1 Definitions
Adjacent — defined
"adjacent" shall mean a property that shares a common boundary with another property, a
property that is nearby or in proximity to another property, or a property in a general
neighbourhood or area which is affected by the products of combustion resulting from
recreational burning or special event burning permit, discretionary to the Fire Chief's opinion.
Barbeque - defined
"barbeque" shall mean 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.
Fire Chief - defined
"Fire Chief' shall mean the Fire Chief for the Town of Tillsonburg Fire Department and
members of the Town of Tillsonburg Fire Department acting under the Fire Chief's direction.
Permit holder - defined
"permit holder" shall mean the person, organization, company or group that has been granted by
the Fire Chief a permit under section 2.6 for a special event to hold an open air burning or has
been granted a permit under section 2.5 for recreational burning, based on the results of an onsite
inspection that allows for open burning on residential properties that do not meet the regulations
of this policy.
1.2 Administration
This by-law shall be administered by the Fire Chief.
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1.3 Fire Services - Exempt
The Town of Tillsonburg Fire Department shall be exempt from the provisions of this policy
with respect to open-air burnings set for the purposes of educating and training individuals.
Part 2
GENERAL PROVISIONS
2.1 Open air burning - Regulations
No person shall conduct an open air burning within the boundaries of the Town of Tillsonburg
unless permission has been given by the Fire Chief. No person shall set a fire that is not
contained.
2.2 Permission - Recreational Burning
With respect to Section 2.1 above, permission is granted by the Fire Chief for open air burnings
that are contained within non-combustible containers or pits specifically designed for open-air
burnings.
The following regulations shall apply with respect to open-air burnings for recreational purposes:
(a) Open-air burnings may be conducted between the hours of 4 PM and Midnight only.
(b) No materials other than commercially produced charcoal briquette or clean, dry seasoned
wood may be burned.
(c) Open burnings shall be confined to non-combustible containers or to a pit no larger- than two
(2) feet (61 centimetres) by two (2) feet (61 centimetres) in size.
(d) When in use the open burning device or pit shall be covered with a heavy gauge metal screen
having mesh openings no larger than one half (5) inch (13 millimetres) which shall be placed
in such a manner as to preclude the escape from the fire of combustible solids such as sparks
and ash.
(e) The dimensions of the fuel being burnt shall not be greater than the size of the container or
fire pit to a maximum of one (1) cubic foot (.03 cubic metres) and shall be totally confined
within the container or pit at all times.
(f) An open air burning shall be confined to a location that provides for a minimum distance of
five (5) meters (16.4 feet) in all directions from adjacent properties.
(g) Open-air burnings shall be confined to an area that is a minimum of three (3) metres (9.84
feet) from combustible structures or objects.
(h) An effective extinguishing agent of sufficient size and with the capability of extinguishing
the fire shall be immediately available for use.
(i) Open air burnings shall be attended, controlled and supervised at all times and shall be
completely extinguished before the open-air burn site is vacated.
(j) Open-air burnings are not permitted when the wind speed exceeds 15 kilometres per hour or
during rainy or foggy weather or at times when a smog alert has been declared. The
appropriate Federal and/or Provincial Government agency shall be used as the source for this
information.
(k) The owner, occupant or permit holder must take steps to ensure that adjacent properties are
protected and that the byproducts of open-air burnings do not have a negative impact on
persons, pets or the environment.
2.3 Exception - barbeques
Despite Section 2.1 above, permission is not
barbeque to cook food. Barbeques being used
supervised at all times.
required from the Fire Chief for the use of a
to cook food shall be attended, controlled and
2.4 Barbeques - approved fuels
The only approved fuels for use in barbeques are cominercially produced charcoal, briquette or
other commercial fuels such as natural gas and propane gas that are produced specifically for the
purpose of cooking.
2.5 Permit - approval - non-compliance recreational burning
An owner or occupant may make application to the Fire Chief for a variance with respect to
2.2(c), 2.2(f) or 2.2(g). Based on the results of an on-site inspection, the Fire Chief may issue a
permit for recreational burning to allow for open burning on residential properties that do not
meet the regulations as stated in 2.2(c), 2.2(f) or 2.2(g) of this policy. Should the circumstances,
under which the approval was given, change the permit will no longer be valid.
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The Fire Chief may attach such conditions as deerned appropriate to any pen -nit granted for such
open air burning.
2.6 Permit - special events
All persons seeking permission to hold a special event involving an open air burning that is not a
recreational burning as per section 2.2 and does not employ the use of a barbeque shall apply to
the Fire Chief for a permit to have an open fire at such event. Application shall be made at least
one week prior to the proposed date of the event on a form supplied by the Fire Chief and be
accompanied by the applicable fee as set out in Schedule "A" to this by-law. The Fire Chief may
issue a permit to allow a special event to reoccur over an extended period of time. The Fire Chief
may issue a pen -nit for a special event to allow for open air burning from IOAM to Midnight.
Registered not-for-profit charitable organizations may make application to the Fire Chief
requesting a pen -nit fee exemption and the Fire Chief may authorize an exemption.
2.7 Permit - considerations
Prior to granting a pen -nit to hold an open air burning for a special event, the Fire Chief will give
consideration to the location of the proposed event, the size of the proposed fire, the safety
measures proposed, the supervision arrangements proposed, the time of year, the time of day and
the anticipated weather conditions.
2.8 Permit- conditions of Fire Chief
The Fire Chief may attach such conditions as deemed appropriate to any pen -nit granted for an
open air burning at a special event.
2.9 Permit - refusal for residential land
The Fire Chief shall not grant a permit to hold open-air burnings at special events that are
proposed to take place on land that is zoned for residential uses.
2.10 Permission - refused or revoked - past contravention
The Fire Chief may revoke or refuse to grant permission or issue a pen -nit for an open air burning
or a special event if the proposed open air burning or special event would be in contravention of
this policy; if the owner, occupant or pen -nit holder has contravened the provisions of this policy
in the past or if the owner, occupant or pen -nit holder has not complied with any conditions
attached to a pen -nit for an open air burning that may have been imposed by the Fire Chief on a
previous occasion.
2.11 Permission - fuels - prohibit
The Fire Chief shall not give permission for open air burning of any non -wood combustible
material, pressure treated wood or creosote treated wood. Permissible fuels include clean dry
seasoned wood, commercially produced charcoal, briquette or other commercial fuels such as
natural gas and propane gas that are produced specifically for the purpose of cooking.
2.12 Permission - withdrawal
The Fire Chief may withdraw a special event pen -nit and/or stop an open air burning if, in the
Fire Chiefs opinion, the fire is causing a negative impact on the occupants of adjacent land,
smoke produced by the fire is causing visibility concerns on roads in the area of the bum, the
weather has deteriorated and has become unfavorable for an open air burning, conditions
attached to the granting of pen-nission are not being adhered to or if this policy is being
contravened.
2.13 Pei -mission - withdrawal - extinguish fire
Upon notification by the Fire Chief to extinguish an open air burning the landowner, occupant or
pen -nit holder shall immediately extinguish the fire.
2.14 Failure to extinguish - liable for costs
Should the land owner, occupant or permit holder fail to immediately extinguish the fire upon
notification from the Fire Chief, the land owner, occupant or permit holder may be held liable for
any and all costs incurred by the Town of Tillsonburg Fire Department in its efforts to extinguish
the fire.
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2.15 Order to extinguish unapproved fires
When made aware of an unapproved open air burning, the Fire Chief shall order the landowner
or occupant to immediately extinguish the tire.
2.16 Order - owner - occupant - extinguish fire
The owner or occupant of land on which an unapproved open air burning is located, shall
immediately extinguish the fire upon being ordered to do so by the Fire Chief.
2.17 Failure to extinguish unapproved fires - liable for costs
Should any land owner or occupant fail to extinguish an unapproved fire when ordered to do so
by the Fire Chief, the Fire Chief may take action to have the fire extinguished, and the person
who owns or occupies the land on which the open burning is located shall be responsible for any
and all costs incurred by the Town of Tillsonburg Fire Department in its efforts to extinguish the
tire.
Part 3
EN FO RCEMENT/ENACTM ENT
3.1 Regulations - offence
No person shall fail to comply with regulations as set out in this by-law.
3.2 Contravention - fine
Any person who contravenes this by-law is upon conviction, guilty of an offence and is liable to
any penalty as provided in the Provincial Offences Act.
3.3 Continuation -- repetition -- probation by order
The court in which the conviction has been entered, and any court of competent jurisdiction
thereafter, may make an order prohibiting the continuation or repetition of the offence by person
convicted, and such order shall be in addition to any other penalty imposed on the person
convicted.
3.4 Default -- collection of costs
The Municipality has the right to collect any unpaid costs associated with 2.12 and 2.15 of this
by-law by action, in a like manner as municipal taxes, or Town Council may provide that the
expense incurred, with interest, shall be payable in annual installments not exceeding ten years.
3.5 Effective date
This by-law comes into force on the day it is passed by Council.
Passed in Open Council on OdcLw-r Z7 Zo03
SEALED and NUMBERED 3O%2 this Z7'�" day of
Mayor
vy
A
Clerk l
Qc�c��,r 2003.
Read a first and second time this 14th day of October, 2003.
Read a third time and finally passed this 27th day of October, 2003.
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SCHEDULE "A"
To Town of Tillsonburg — Fire Department
Open -Air Burning Policy
Special Event Open Burning Pen -nit Fee $20.00
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