THE CORPORATION OF THE TOWNSHIP OF KING

BY-LA W NUMBER 2004 - 76

A BY-LAW TO REGULATE OPEN AIR BURNING

WHEREAS Section 475 (3),7.1(1) of the Municipal Act S.O. 2001, c. 25, provides thatCouncils of municipalities may pass by-laws,

(a) regulating fire prevention, induding the prevention of the spreading of fires;

(b) regulating the setting of open fires; including establishing the times during whichopen fires may be set.

AND WHEREAS Section 475(3), 7.1(4) of the Municipal Act S.O. 2001, c. 25, providesthat a municipality may appoint an officer to enter upon land and into structures at anyreasonable time to inspect the land and structures to deteImine whether by-laws enacted inaccordance with this section are being complied with;

NOW THEREFORE THE Council of the Corporation ofthe Township of King herebyenacts as follows:

1. Definitions:

(a) "Council" means the Council ofthe Corporation of the Township of King.

(b) "Fire Chief' shaH mean the Fire Chief of the Township of King, as appointed byCouncilor his I her duly authorized representative.

(c) "Open Air Burning" means any fire set by any person within the boundaries of theTownship of King.

(d) "Township" means the Corporation of the Township of King.

(e) "Municipal Clerk" means the Municipal Clerk of the Township of King, orhis/her designate.

\(f) "Person" shall mean an individual human being, his I her personal representatives

and their hei'rs, executors and assigns and shall also include a corporation with orwithout share capital.

(g) "Recreational Fire" shall mean the burning of clean wood products for cooking,heating, enjoyment, religious ceremony or similar purposes. It is limited in size to0.75 m in diameter by 0.75 m in height

2. REQUIREMENTS FOR OPEN AIR BURNING

(a) No person sha]] Open Air Bum or al10w Open Air Burning within the TownshipofKi~g unless they have received approval from the Fire Chief.

(b) The Fire Chief retains the right to revoke any and all Open Air Burning Pem1its atany time.

(c) Approval from the Fire Chief sha]] be in the [OIm of an Open Air Burning Permitissued by the Fire Chief and the confirmation number issued for the specific timeperiod.

(d) All Open Air Burning Permits are subject to the conditions entitled "Open AirBurning Safe Practices Guidelines" as set out in Schedule "A" attached hereto andforming part of this bylaw.

-2- By-law Number 2004-76

(e) Prior to the issuance of an Open Air Burning Permit, the owner of the property orauthorized agent shall:

1. Pay the annual Open Air Burning permit fee as applicable set outby by-law; and

11. complete the Open Air Burning Agreement as provided by the FireChief.

(f) The Fire Chief may refuse to permit Open Air Burning when a Fire Ban has beendeclared or when in the opinion of the Fire Chief, it is not in the interest of publicsafety to issue a pennit.

(g) Notwithstanding Section 2, Subsection (d), the Fire Chief may provide writtenrelief from conditions entitled, "Open Air Burning Safe Practices Guidelines" asset out in Schedule "An attached hereto and forming part of this bylaw.

3. BURNING BAN

(a) The Fire Chief may declare an Open Air Burning Ban at any time when in theopinion ofthe Fire Chief it is in the best interest of public safety.

(b) Not withstanding 3 (a), the Fire Chief when satisfied of the need, may authorizean Open Air Bum during the time period when a ban has been imposed.

4. RESTRJCTED OPEN AIR BURNING AREAS

(a) Open Air Burning is prohibited and no Open Air Buming win be permitted withinthe built-up community boundaries of Ansnorveldt, Kettleby, King City, Laskay,Lloydtown, Nobleton, Pottageville, Schomberg and Snowball as designated forthe purposes of this By-law, as described on Schedule 1 and more particularlydescribed on Schedules lA - IH inclusive and fonning part of this By-law.

(b) Notwithstanding Section 4 (a) of this bylaw, an Open Air Burning pennit may beissued by the Fire Chief when satisfied of the need and circumstance.

(c) Notwithstanding Section 4 (a) of this By-law, Recreational Fires are errnittedwithin all community boundaries subject to the Recreational Fire conditions setout in Section B of the "Open Air Burning Safe Practices Guidelines" onSchedule "A" attached hereto and forming part of this By-law.

(d) Open Air Burning Permits will not be issued to properties with less than Y2 ha. (IAcre) of gross land mass.

5. USER FEES

(a) In addition to the Open Air Burning pennit fee(s) required under Section 2 of thisBy-law, the Fire Chiefmay charge user fees for the attendance ofthe Fire Chief orTownship of King Fire & Emergency Service personnel or other authorized fireservices at any location to control, extinguish or regulate Open Air Burning inaccordance with the provisions of this By-law, said user fees as set by by-law.

(b) In the event that payment is not received within 90 days, the outstanding balancemay be collected in the same manner as taxes.

·,

6. OFFENCES

-3- By-law Number 2004-76

(a) Any person who contravenes any provisions of this By-law is guilty of an offenceand is subject to a penalty pursuant to the Provincial Offences Act, R.S.O. 1990.

(b) The conviction of an offender upon the breach of any provisions of this By-lawshall not operate as a bar to a prosecution against the same offender upon anycontinued or subsequent breach of any continued or subsequent breaches of theby-law and the provisions of the Municipal Act, R.S.O. 1990, as amended fromtime to time, shall further apply to any continued or repeat breach of this By-law.

(c) In the event of a contravention of any of the provisions of this By-law, theTownship, in addition to any other remedies contained herein may enter upon thelands and do such work as is necessary to rectify the breach and all expensesthereof which shall be recoverable from the owner(s), by action or in a likemanner as municipal taxes.

7. MISCELLANEOUS

(a) If any court of competent jurisdiction finds any of the pr<?visions of this By-laware ultra vires the jurisdiction of the Councilor are invalid for any reason, suchprovision shall be deemed to be severable and shall not invalidate any of the otherprovisions ofthe by-law which shall remain in full force and effect.

(b) Where the context permits, words importing the singular number or the masculinegender also includes more persons, parties or things of the same kind than one,and females as well as males.

(c) If any provisions of this By-law are inconsistent with the Fire Protection andPrevention Act, Ontario Fire Code, the Forest Fire Prevention Act, EnvironmentalProtection Act or any other Federal or Provincial Act or regulation, the provisionsof the apphcable Act shall apply.

8. REPEAL

(a) By-law No. 99-174 be and is hereby repealed.

9. ENACTMENT

(a) That this By-law sha11take force and effect upon final passage hereof.

READ a FIRST and SECOND time this 5th day of July, 2004.

READ a THIRD time and FINALLY passed this 5th

THE CORPORAtION OF THE TOWNSHIP OF KINGBY-LAW NO. 2004-76

SCHEDULE "A"

Open Air Burning Safe Practices Guidelines

A. Open Air Burning

1. Open Air Burning shall occur between sunrise and sunset only.

2. Permission must be received from the Fire Chief prior to igniting the fire and theannual permit with the confirmation number must be on site and available forinspection at all times.

3. A telephone number where the responsible party can be reached must be provided.

4. A responsible party of legal age must be in attendance with the Open Air Bum atall times and must supervise the burn until it is completely extinguished.

5. The responsible party of the Open Air Burn shaH be equipped with sufficientwater or tools to contain the fire and must have a means of contacting the firedepartment in case of an emergency.

6. The Open Air Bum shall not be permitted during snow, fog or rain conditions,when an Air Quality Advisory has been posted and when the wind speed exceeds20 kph or the wind direction is changing frequently.

7. Only clean dry brush, wood products and natural organic material may be burned.

8. Petroleum products, plastics, rubber, painted lumber, domestic, industrial.agricultural waste, animal carcasses or any other material that will cause excessivesmoke or noxious fumes must not be mixed with or contaminate the wood orbrush that may be burned.

9. A minimum area of 15m adjacent to the Open Air Burn shall be maintained to theproperty lines and kept clear of all combustible material, ie. buildings, trees,shrubs, fences.

10. Piled material to be burned shall not be more than 2m in diameter and 2m inheight.

1]. Fine fuel Open Air Burning shall be limited to Y2 ha (1 Acre) or less at a time withno more than a 30m flame edge.

12. Incinerators shall not be used.

13. Open Air Burning permit holders shall give access to the property by the FireChief at all times during the term of the permit.

14. Open Air Burning is limited to specific dates. Permit holders must receive aconfirmation number from the Fire Chief prior to setting the fire and must recordthe confirmation number on the Open Air permit.

B. Recreational Fires

1. Fires must not exceed .75m in diameter by .75m in height.

- 1-

2. Only clean wood products are permitted to be burned.

3. Petroleum products, plastics, rubber, painted lumber, domestic, industrial,agricultural waste or any other material that will cause excessive smoke ornoxious fumes must not be mixed with or contaminate the wood that may beburned.

4. A recreational fire must be supervised by a competent person at all times until it iscompletely extinguished.

5. There must be present and in close proximity adequate means to extinguish thefire.

6. A minimum distance of 3m to combustible materials must be maintained at al1times.

7. Recreational fires shall not be permitted when the wind speed exceed's 20kph orthe wind direction is changing frequently.

8. Recreational fires shall be forbidden when a Fire Ban has been declared by theFire Chief.

9. Outdoor fireplaces must be equipped with screens on the flue and fuel loadingarea.

10. The use of outdoor fireplaces must comply with the manufacturer guidelines.

11. In the event that there are no manufacturer guidelines for the outdoor fireplace,only approved material shall be used and a minimum of 1.5m clearance betweenthe fireplace and combustible objects shall be maintained.

-2-12. The outdoor fireplace must be installed on a non combustible surface.

13. The Fire Chief retains the right to require that a recreational fire shall be extinguished atall times.

14. The resident or occupant of property wherein a recreational fire is occurring must giveaccess to the property by the Fire Chief at an times during the recreational fire.

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Schedule 'B' to By-law Number 2004-76

THE CORPORATION OF THE TOWNSHIP OF KINGBY-LAW NUMBER 2004-76

Tmvnship of King Fire Department2075 King RoadKing, City, OntarioL7B lAIAdministration 905-833-2800Emergency 911

Permit #

PERMIT FOR OPEN AIR BURNING

Date Issued: _ Expires December 31, 20 Fire Station, _

Location: (Civic Address) _

Means of Extinguishment Available: _

Phone Number: _

Property Owner: _

Agent acting on behalf of above _If Applicant is Agent - Authorization Letter to be attached,

Address: ---------------------------

Postal Code: _____ Phone Number _

THE APPLICANT HAS REVIEWED OPEN AIR BURNING BY-LAW 2004-76 AND AGREES TO:

]. COMPLY WITH ALL OF THE PROVISIONS OF BY-LAW NUMBER 2004-76.

2. ASSUME ALL RESPONSIBILITY FOR ANY DAMAGES AND/OR SERVICE FEES RESULTINGFROM THE OPEN AIR BURNING FOR WHICH THIS PERMIT IS ISSUED.

3. OBTAIN A CONFIRMATION NUMBER FROM THE FIRE CHIEF PRIOR TO SETTING A FIRE.Permits are valid for the calender year issued. A $25.00 administration fee is applicable upon issuance ofthis permit. PERMIT MUST BE AVAILABLE AND ON SITE AT ALL TIMES.

Date Signature of Applicant

The information being provided on this f01m may constitute "personal information" as defined by the MunicipalFreedom of Information and Protection of Privacy Act, J 989. The information is collected under authority of theMunicipal Act, R.S.O. 1980, Chapter 302 and is for the purpose of issuing an Open Air Burn Pernlit. Questionsabout this collection of personal information should be directed to the Township Clerk.

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