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Home > By-Laws > 3583-2022 Open-Air Burning

3583-2022 Open-Air Burning

3583-2022 Open-Air Burning

BEING A BY-LAW TO PRESCRIBE THE PRECAUTIONS AND CONDITIONS UNDER WHICH FIRES MAY BE SET IN OPEN AIR

Passed by Council September 12, 2022

You can get your free Burn Permit online.


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3583-2022
ABY-LAW TO PRESCRIBE THE PRECAUTIONS AND CONDITIONS UNDER WHICH
FIRES MAY BE SET IN OPEN AIR

WHEREAS Section 7.1(1) of the Fire Protection and Prevention Act, 1997, 5.0. 1997, c. 4,.
as amended, states that a council of a municipality may pass By-Laws regulating fire
prevention including the prevention of the spreading of fires, and regulating the setting of
open-air fires, including establishing the times during which open air fires may be set;

AND WHEREAS Section 7.1(3) of the Fire Protection and Prevention Act, 1997, SO. 1997,
c. 4 as amended, provides that a By-Law under this section may deal with different areas of
the municipality differently;

AND WHEREAS Section 7.1(4) of the Fire Protection and Prevention Act, 1997, SO. 1997,.
c. 4, as amended, provides that a municipality may appoint an officer to enter upon land and
into structures at any reasonable time to inspect the land and structures to determine whether
By-Laws enacted in accordance with Section 7.1 are being complied with;

AND WHEREAS Section 19(2) of the Fire Protection and Prevention Act, 1997, SO. 1997, c.
4, provides an inspector may, without a warrant, enter and inspect land and premises for the
purposes of assessing fire safety;

AND WHEREAS Article 2.4.4.4. of the Ontario Fire Code 0. Reg. 213/07, as amended,
pro1ides that open-air burning shall not be permitted unless approved, or unless such burning
consists of a small confined fire supervised at all times, and used to cook food on a grill,
barbeque or spit, or such burning takes place in an appliance that is in conformance with the
Technical Standards and Safety Act, 2000, SO. 2000, c.16, is for outdoor use, and is
assembled and/or installed in accordance with the manufacturer’s instructions;

AND WHEREAS Section 11(2)6 and 8 of the Municipal Act, 2001 S.C allows for
municipalities to pass By-Laws respecting matter pertaining to Health, safety and well-being
of persons and the Protection of persons and property;

AND WHEREAS Section 128 of the Municipal Act, 2001, 5.0. 2001, c. 25, provides that a
municipality may pass By-Laws to prohibit and regulate public nuisances including matters
that, in the opinion of Council, are or could become or cause public nuisance;

AND WHEREAS Section 391 of the Municipal Act, 2001, 5.0. 2001, c. 25, provides that a
municipality and a local board may pass By-Laws imposing fees or charges for services or
activities provided or done by or on behalf of it, or for costs payable by it for services or
activities provided or done by or on behalf of any other municipality or local board;

AND WHEREAS section 425 of the Municipal Act, 2001, 5.0. 2001, c.25, provides for a
municipality to pass By-Laws providing that a person who contravenes a By-Law of the
municipality passed under the Act is guilty of an offence;

AND WHEREAS section 426 of the Municipal Act, 5.0. 2001, c.25 provides that no person
shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a
power or performing a duty under this Act or under a By-Law passed under this Act;

AND WHEREAS section 429 of the Municipal Act, SO. 2001, c25 provides for a municipality
to establish a system of fines for offences under a By-Law of the municipality passed under
this Act;

AND WHEREAS section 444 of the Municipal Act, 2001, provides that a municipality may
make an order to require a Person to discontinue contravening a By-Law and to do the work
required to correct the contravention;

AND WHEREAS Section 445 of the Municipal Act, 2001, provides that if a municipality is.
satisfied that a contravention of a By-Law of the municipality passed under the Municipal Act
has occurred, the municipality may make an order requiring the person who contravened the
By-Law or who caused or permitted the contravention or the owner or occupier of the land on
which the contravention occurred to do work to correct the contravention;

NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts as
follows:

1. DEFINITIONS

1.1. “Adverse Effect” means one or more of:

1.1.a. damage to property
1.1 .b. an adverse effect on the health of any person,
1.1 .c. impairment of the safety of any person, or
1.1 .d. loss of enjoyment of normal use of property

1.2. “Agricultural Fire” means an open-air fire that is set and maintained solely for the
purpose of disposing wood, tree limbs, yard waste and branches as part of normal
farm practices for clearing agricultural land where the material to be burned does not
exceed 125 cubic meters (4414.3 cubic feet)

1.3. “Barbecue” means a portable or fixed device designed and intended solely for the
cooking of food in the open air, but does not include outdoor fireplaces, campfires or
any other open-air burn.

1.4. “Building” means any structure used or intended for supporting or sheltering any
use or occupancy.

1.5. “Brush Pile Fire” means an open-air fire that is set and maintained solely for the
purposes of disposing of wood, tree limbs, yard waste, and branches; where the
material to be burned does not exceed 3 meters (10 feet) in Length or Width and 1.5
meters (5 feet) in height

1.6. “Burn Drum” means an open-air fire that is set and maintained for the purpose of
disposing of wood, tree limbs, branches, yard waste and non-compostable material
limited to paper, cardboard and sisal twine; It shall be a steel container the
approximate size of a regular 45” gallon drum where the only open side is facing up
and that open side is covered with a steel mesh screen with openings of not more
than 7 mm (1/4 inch).

1.7. “Campfire” means an open-air fire that is set and maintained using only wood, solely
for the purpose of cooking food, providing warmth and recreational enjoyment; and
the material to be burned does not exceeds 0.9 meters (3 feet) in Height, Length or
Width

1.8. “Campground” means an area of land owned and operated by a person that
contains campsites for the purpose of overnight accommodations for tents, trailers, or
motorhomes in exchange for monetary payment.

1.9. “Chief Fire Official” means the Chief or Deputy Chief of Fire Services of the
Municipality or authorized designates.

1.10. “Competent” means properly or sufficiently qualified or capable.

1.11. “Dangerous condition” means any condition as determined by an Officer that
could increase the risk of the spread of a fire or could create an adverse effect.

1.12. “Discharge” means to light, fire or set off fireworks.

1.13. “Farm” means a farm as defined in Division A Part 1 paragraph 1.3.1.1(1) of the
Ontario Fire Code.

1.14. “Fire Ban” means a period during which the Chief Fire Official declares a partial or
total ban on open-air fires and fireworks.

1.15. “Fireworks” means a pyrotechnic device producing quantities or effects of light,
sound and or smoke by the combustion of explosive and or flammable composition
and includes but not limited to devices commonly known as fireworks, fireworks
showers, fountains, golden rain, lawn lights, pin wheels roman candles, sparklers,
volcanoes, mines, and firecrackers.

1.16. “FPPA” means the Fire Protection and Prevention Act, 1997, as amended, and the
regulations enacted thereunder as amended from time to time, or any Act or
Regulation enacted in substitution, therefore.

1.17. “Household Waste” means combustible material such as plastics, polyethylene
terephthalate, paints, oils, solvents, rubber, insulation, batteries, acids, polystyrenes
(Styrofoam), pressure treated or painted lumber, tires, upholstered furniture, synthetic
fabrics, diapers and hazardous waste as defined in the Environmental Protection Act
and all other similar and like materials but shall not include untreated wood and wood
fiber products such as non-laminated paper and cardboard and boxboard, sisal twine,
brush, tree branches / limbs and leaves.

1.18. “Highway” includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or
used by the general public for the passage of vehicles and includes the area between
the lateral property lines thereof.

1.19. “Incinerator” means an open-air fire set and maintained in a closed container that
does not exceed 1 .5m (4.92ft) in Length, Width or Height. There may be one door for
access on one side that securely latches closed while burning is taking place and has
a chimney with a screen with openings of not more than 7 mm (1/4 inch) where the
open-air fire is set and maintained for the purposes of disposing of wood, tree limbs,
branches, yard waste and non-compostable material limited to paper, cardboard and
sisal twine.

1.20. “Maintain” means to allow an open-air fire to continue to burn and “maintained” and
“maintaining” have a corresponding meaning.

1.21. “Material to be burned” means the total volume of the materials contained in the
open-air fire.

1.22. “Municipality” means the Corporation of the Township of Augusta or the
geographic area of Augusta Township as the context requires.

1.23. “Normal Farm Practice” means a practice that,

1.23.a. is conducted in a manner consistent with proper and acceptable customs and
standards as established and followed by similar agricultural operations under
similar circumstances, and;
1.23.b. makes use of innovative technology in a manner consistent with proper
advanced farm management practices.

1.24. “Officer” means the Fire Chief or Deputy Fire Chief of Fire Services of the
Municipality or authorized designates and includes the By-Law Enforcement Officer
for the Township of Augusta as appointed by Council. Police Officer, any other person
or company directed by the Chief Fire Official to enforce parts of this By-Law.

1.25. “Open-Air Fire” means the burning of material such as untreated wood and wood
fiber products like non-laminated paper and cardboard and boxboard, sisal twine,
brush, tree branches I limbs and yard waste where the flame is not wholly contained
and includes campfires, brush pile fires, burn drums, incinerator, agricultural fires, and
outdoor fireplaces, but does not include barbecues.

1.26. “Outdoor Fireplace” means an open-air fire that is set and maintained using only
wood, in a manufactured, non-combustible, enclosed container designed to hold a
small fire for decorative purposes and the size of which does not exceed im (3.28ff)
in any direction and includes, but is not limited, to a chiminea.

1.27. “Owner” means the registered owner of the land.

1.28. “Person” means any individual, association, firm, partnership, corporation, agent or
trustee and the heirs, executors, or other legal representatives of a person to whom
the context can apply according to law and includes an Owner.

1.29. “Prohibited Materials” includes household waste, rubber or rubber products,
plastic or plastic products, and waste petroleum products and any material or
materials which are prohibited by the Environmental Protection Act, as amended.

1.30. “Set” means to light an open-air fire and ‘setting” has a corresponding meaning.

1.31. “Special Events Fire” means an open-air fire that does not meet the definition of
any of the other types of fires/permits set out in this By-Law.

2. INTERPRETATION

2.1. In this By-Law, a word interpreted in the singular number has a corresponding
meaning when used in the plural.

2.2. This By-Law includes the Schedules attached hereto and the Schedules are hereby
declared to form part of this By-Law.

2.3. In this By-Law, the word “meter” shall be represented by the abbreviation “m”, and the
word “millimeter” shall be represented by the abbreviation “mm”, and the words “foot”
or “feet” shall be represented by the abbreviation “ft’.

3. GENERAL CONDITIONS FOR OPEN-AIR FIRES

3.1. No person shall set or maintain an open-air fire without first having obtained the
necessary permit in such a fashion as approved by the Chief Fire Official.

3.2. No person shall set or maintain an open-air fire or discharge fireworks on any
municipally owned or operated property unless approved by the Chief Fire Official.

3.3. No person shall set or maintain an open-air fire or discharge fireworks when a fire
ban has been issued by the Chief Fire Official.

3.4. No person shall set or maintain an open-air fire that contains prohibited materials.

3.5. No person shall set an open-air fire that is a windrow.

3.6. No person shall set or maintain an open-air fire when the wind is in such a direction
or intensity to cause any or all of the following;

3.6.a. the possible spread of the fire beyond the open-air fire site or;
3.6.b. a decrease in visibility on any highway due to smoke;
3.6.c. to cause a medical emergency to any person due to smoke.

3.7. Except for agricultural open-air fires, no person shall set or maintain more than one
open-air fire at any time.

3.8. No person shall set or maintain an open-air fire unless they are equipped with
sufficient persons, equipment, and tools to control and/or extinguish the fire and must
have a phone to immediately contact 9-1-1 in case of emergency.

3.9. Except for agricultural open-air fires, the owner shall ensure that only competent
persons over the age of eighteen (18) set and maintain watch of the open-air fire at all
times, until the fire is totally extinguished.

3.10. No owner shall undertake to set or maintain any open-air fire except in accordance
with the conditions of the permit.

3.11. The owner shall always comply with the EPPA, and with all other applicable
municipal By-Laws and Provincial and Federal laws.

3.12. A permit issued under this By-Law is valid on the date of issue and for the balance
of the calendar year in which the permit is issued unless revoked.

3.13. The holder of an un-revoked permit issued under this By-Law may set or maintain
an open-air fire and shall comply with the following requirements and conditions:

3.13.a. calls the Township’s open burning hotline to verify if a burn ban has been
declared prior to setting an open-air fire, campgrounds must call daily;
3.13.b. produces his or her permit upon being so directed by an Officer;
3.13.c. immediately extinguishes the fire upon being so ordered by an Officer and;
3.13.d. follows this By-Law in its entirety.

3.14. The Chief Fire Official may attach such additional conditions to a permit as he or she
deems necessary to ensure public safety and every permit holder shall comply with
such conditions.

3.15. A permit for an open-air fire is not transferable to another person, owner or to a new
location.

4. APPLICATION FOR AN OPEN-AIR FIRE PERMIT

4.1. Any owner eighteen (18) years of age or older may apply for an open-air fire permit to
the Municipality prior to the proposed date of the first open-air fire.

4.2. The permit shall include;

4.2.a. the name, address, and phone number of the owner;
4.2.b. the municipal address of the location of the proposed open-air fire if it differs
from the address of the applicant. A farm may offer multiple locations to reflect
their agricultural property and;
4.2.c. the applicable open-air fire permit fee in accordance with Schedule “A”.

4.3. The Municipality shall not issue a permit if;

4.3.a. the permit is incomplete;
4.3.b. there are reasonable grounds to believe that the open-air fire may cause
adverse effects;
4.3.c. there are reasonable grounds to believe that the open-air fire will result in a
breach of this By-Law, the FPPA, or any other Provincial or Federal Law and;
4.3.d. The owner has a history of not abiding by the open-air fire By-Law.

5. BRUSH PILE FIRES, INCINERATORS AND BURN DRUMS – Annual Open-Air Fire
Permit

5.1. No permit holder shall set or maintain a brush pile fire, incinerator or burn drum fire at
a distance less than 20 m (65 ft) from any building, overhead wiring, highway, or other
combustible material.

5.2. No person shall set or maintain a brush pile fire, incinerator or burn drum fire when
the wind is in such a direction or intensity to cause an adverse effect for any person.

5.3. No person shall set or maintain a Brush Pile, Burn Drum or Incinerator Fire that does
not meet the definition in Section 1.

6. CAMPFIRES AND OUTDOOR FIREPLACES – Annual Open-Air Fire Permit

6.1. No permit holder shall set or maintain a campfire or outdoor fireplace fire at a
distance less than 5m (16.5 ft) from any building, overhead wiring, highway, or other
combustible material.

6.2. No person shall set or maintain a campfire or outdoor fireplace fire when the wind is
in such a direction or intensity to cause an adverse effect for any person.

6.3. No person shall set a Campfire or Outdoor Fireplace Fire that does not meet the
definition in Section 1.

7. CAMPGROUNDS — Annual Open-Air Fire Permit

7.1. A campground fire permit transfers the responsibilities for control and extinguishment
of a campfire from the campground campers to the campground property owner. As
such the campground owner is responsible for all violations of this By-Law and is
liable for recovery of any fees for response and or extinguishment of any open-air
burn or any fires caused by any open-air burn.

7.2. The owner or operator of a campground shall have available equipment to provide
the means of extinguishment to control and or extinguish a fire that can be taken to
any campsite within 10 minutes.

7.3. The owner or operator of a campground shall have available staff who are trained to
respond with and use the extinguishing equipment required by Section 7.2.

7.4. All campground staff must have communications equipment on their person to
contact 9-1-1 should a fire escape containment.

7.5. A map of such campground must be supplied to an Officer which includes roadways,
routes. lanes, water sources, and structures, upon request.

7.6. All campfires at campgrounds must meet all of Section 6.

7.7. No person shall set or maintain a campfire in a campground unless approved by the
Chief Fire Official as a Special Event

7.8. Application shall be made at least two weeks prior to the campground opening on a
form supplied to the Township and such application should be accompanied by the
applicable fee in accordance with Schedule “A”.

8. AGRICULTURAL – Annual Open-Air Fire Permit

8.1. A permit holder may conduct an agricultural fire on a farm for Normal Farm Practices
if it is part of a normal farm practice, and subject to the conditions set out in this By
Law.

8.2. No permit holder shall set or maintain an agricultural fire at a distance less than 61
meters (approximately 200 feet) away from any building, overhead wiring, highway, or
other combustible material.

8.3. The owner shall ensure that only competent persons over the age of eighteen (18)
set the open-air fire.

9. SPECIAL EVENTS – Specific Dates

9.1. All owners seeking permission to hold a special event / large development land
clearing involving an open-air fire shall apply for a permit.

9.2. Application shall be made at least two weeks prior to the proposed date of the event
on a form supplied by the Township and such application should be accompanied by
the applicable fee in accordance with Schedule A”.

9.3. The Chief Fire Official may issue permits to allow the event to reoccur over an
extended period.

9.4. Prior to granting a permit to hold an open-air fire for the event, the Chief Fire Official
may arrange for a site visit and shall give consideration to the type of event, proposed
location of the event, size of the fire, safety measures, supervision arrangements, the
time of year, the time of day, and the anticipated weather conditions.

9.5. Any person who sets a Special Events fire shall ensure that the fire is located a
minimum distance away from any building, overhead wiring, highway, or other
combustible material as determined by the Chief Fire Official and shall be noted on
the permit.

9.6. Any person who sets a Special Events fire shall ensure that the pile does not exceed
the maximum size as determined by the Chief Fire Official and shall be noted on the
permit.

9.7. No person shall set or maintain a Special Event fire when the wind is in such a
direction or intensity to cause an adverse effect for any person.

9.8. Any other rules or regulations deemed necessary by the Chief Fire Official shall be
noted on the permit and every Owner shall comply with such rules and regulations.

10.INDEMNIFICATION

10.1. By signing the permit, the owner shall indemnify and save harmless Augusta
Township from all claims, demands, causes of action, losses, costs or damages that
the Municipality 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.

11. REVOCATION

11.1. Permits issued to an owner under this By-Law may be revoked by an Officer if, in
the opinion of the Officer, an adverse effect or dangerous condition exists in or near
the site of the open-air fire.

11.2. Permits issued to an owner under this By-Law may be revoked by an Officer if the
permit holder fails to comply with the requirements of the permit or permits and any
other provisions of this By-Law.

12. EXEMPTIONS

12.1. Augusta Fire Rescue shall be exempt from the provisions of this By-Law with
respect to open-air fires for the purposes of training, educating individuals in fire
safety or for research purposes.

12.2. Professional fire prevention trainers shall be exempt from the provisions of this By
Law with respect to open-air fires set for the purposes of fire safety training or
education.

13.OFFENCES AND PENALTIES

13.1. Any person who contravenes any provision of this By-Law shall be guilty of an
offence and upon conviction, shall be liable to a penalty as provided under the
Provincial Offences Act. Provincial Offences Act, R.S.O. 1990, c.P33, as amended, as
set out in Schedule “B” Set Fines.

13.2. Every person who sets an open-air fire, with or without a permit, or causes an openair
fire by discharging fireworks that requires Augusta Fire Rescue to extinguish the
burn shall, in addition to any penalty provided for herein, be liable to the Municipality
for all expenses incurred for the purpose of investigating, controlling, and
extinguishing any fire set or left to burn.

13.3. Every person who sets a fire in contravention of this By-Law or who fails to
extinguish a fire once ordered to do so by an Officer shall, in addition to any penalty
provided for herein, be liable to the Municipality for all expenses incurred for the
purpose of investigating, controlling, and extinguishing any fire set or left to burn.

13.4. Any costs chargeable to any person pursuant to paragraphs 13.2 and 13.3 shall be
invoiced to the person and paid to the Municipality within sixty (60) days of the date of
such invoice, failing which the costs may be deemed to be municipal taxes added by
the Clerk of the Municipality to the Collector’s Roll and collected in the same manner
and with the same priority as municipal taxes.

14. ENFORCMENT

14.1. This By-Law may be enforced by all Officers.

14.2. No person shall provide false information or give a false statement to an Officer,
employee and/or agent of the Municipality in the lawful exercise of a power or duty
under this By-Law.

14.3. No person shall hinder or otherwise obstruct, nor attempt to hinder or obstruct,
either directly or indirectly, an Officer, employee and/or agent of the Municipality in the
lawful exercise of a power or duty under this By-Law.
14.4. Every person shall comply with any Order or Notice issued under the authority of
this By-Law.

15. SEVERABILITY

15.1. If any provision of this By-Law or application thereof to any person or circumstance
is held invalid by any Court, other provisions or applications of the By-Law which can
give effect without the invalid provision or application shall not be affected, and to this
end the provisions of this By-Law are declared to be severable.

16. SHORT TITLE

16.1. This By-Law may be referred to as the “Burn By-Law”.

17. OTHER

17.1. Where a provision of this By-Law conflicts with a provision of another By-Law
enforced in the Township, the provisions that establish the higher standard shall
prevail in order to protect the health, safety and welfare of the general public.

17.2. This By-Law shall come into force and take effect upon its passing.

17.3. Schedules “A” and “B” shall constitute part of this By-Law.

18. REPEALS

18.1. By-Law 3579-2020 and all By-Laws relating to the regulation and control of open-air
fire and open-air burning are contrary to this By-Law are hereby rescinded.

Read a first and second time this 12th day of September 2022.

Read a third time and passed this 12th day of September 2022.

Signed by Mayor Doug Malanka and Clerk Annette Simonian

 

THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
PART I PROVINCIAL OFFENCES ACT
BY-LAW 3583-2022
A BY-LAW TO PRESCRIBE THE PRECAUTIONS AND CONDITIONS UNDER WHICH FIRES MAY BE SET IN OPEN AIR
SCHEDULE “A” — FEES

By-Law 3583-2022 Schedule A - Fees

THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
PART I PROVINCIAL OFFENCES ACT
BY-LAW 3583-2022
A BY-LAW TO PRESCRIBE THE PRECAUTIONS AND CONDITIONS UNDER WHICH FIRES MAY BE SET IN OPEN AIR
SCHEDULE “B” — SET FINES

table with the set fines for by-law 3583-2022 page 01

table with the set fines for by-law 3583-2022 page 02

table with the set fines for by-law 3583-2022 page 03

Provincial Offences Act letter

letter from the Ontario Court of Justice