SCHEDULE B PROTECTION TO PERSONS & PROPERTY
FIRE: OPEN FIRE REGULATIONS
BEING A BY-LAW TO REGULATE THE SETTING OF FIRES
WHEREAS Section 210 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended provides that:
"By-laws may be passed by the councils of local municipalities:
35. For prescribing for the whole or any part of the municipality the times during which fires may be set in the open air, and the precautions to be observed by persons setting out fires.
49. For making such other regulations for preventing fires and the spread of fires as the council considers necessary.
a) By-laws passed under this paragraph...may be made applicable to the whole municipality or to one or more defined areas thereof as set out in the by-law.";
AND WHEREAS Section 326 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended provides that:
"Where a council has authority to direct or require by by-law or otherwise that any matter or thing be done, the council may by the same or by another by-law direct that, in default of its being done by the person directed or required to do it, such matter or thing shall be done at the person's expense, and the corporation may recover the expense incurred in doing it by action, or the same may be recovered in like manner as municipal taxes, or the council may provide that the expense incurred by it, with interest, shall be payable by such person in annual instalments not exceeding ten years and may borrow money to cover such expense by the issue of debentures of the corporation payable in not more than ten years.";
AND WHEREAS it is deemed expedient to regulate the setting of fires;
NOW THEREFORE The Corporation of the Municipality of Arran-Elderslie hereby enacts as follows:
In this by-law, the following definitions shall apply:
APPROVED CAMPGROUND means Arran Lake Campground, Chesley Trailer Park, Loch Arran Campground, Paisley Rotary Campground and West Lake Campground
APPROVED INSTALLATION means a structure, including, but not limited to, a steel barrel or wheel rim, as approved by the Chief Fire Official
CENTRAL BUSINESS DISTRICTS means
a) that portion of the Chesley Ward described as 1st Avenue from 4th Streets Northwest and Northeast south to 4th Streets Southwest and Southeast
b) that portion of the Paisley Ward described as Queen Street from Cambridge Street south to Inkerman Street
c) that portion of the Tara Ward described as Yonge Street from Brook Street south to White Avenue
CHIEF FIRE OFFICIAL means a Fire Chief appointed to any of the fire departments located in the Municipality, or his/her designate
FIRE DEPARTMENT means
a) Chesley and Area Fire Department
b) Paisley and Area Fire Department
c) Tara and Area Fire Department
INCONVENIENCE means something that gives trouble
IRRITATION means the act of inciting, stirring up or provoking
MUNICIPALITY means The Corporation of the Municipality of Arran-Elderslie
OPEN FIRE means any fire out of doors between April 15 and October 15 in any year (By-law Amendment #25-99 Section 1 July)
PERMITTED MATERIAL means any clean, non-contaminated wood product, or any farm vegetation
PERSON IN CHARGE OF BURNING shall be a competent adult who shall be in constant attendance of any open fire so as to prevent the fire from spreading to or endangering other property
PROHIBITED MATERIAL means any non-wood products, including, but not limited to, kitchen garbage, leaves, garden refuse, construction materials, tires, chemicals, or materials made of/or containing rubber, plastic or tar, or wood products contaminated with any chemical, stain or paint;
SMALL CONFINED FIRE means a self-contained grill or barbecue
UNCONTAINED FIRE means a fire not within an approved installation
That:
1. No person shall:
a) permit the burning of prohibited material
b) permit more than one (1) cubic metre of permitted material to be burned at any one time;
c) fail to provide that the means of extinguishing the fire is available at the site at all times during the fire;
d) fail to contain the fire in an approved installation;
e) set any fire except in the presence of a competent adult person who shall be in constant attendance so as to prevent the fire from spreading to or endangering other property;
f) set a fire which causes inconvenience or irritation to others;
g) leave the site of an open fire without fully extinguishing the said fire;
h) set any fire except in accordance with the regulations contained in Schedule "A" attached hereto and forming a part of this by-law.
2. No person shall fail to extinguish a fire when so notified by the Chief Fire Official.
3. The Chief Fire Official may approve the setting of any fire subject to the fire being supervised by the Chief Fire Official of the Municipality.
4. Open air fires may be set when such burning consists of a small confined fire, supervised at all times and is used to cook food on a grill or barbecue, or is for personal warmth in an approved campground.
5. a) No person shall set an uncontained fire, including, but not limited to, a grass fire;
b) No person shall set an open fire in any of the central business districts of the Municipality.
6. All persons setting an open fire in the Municipality shall:
a) be responsible for any damage to property or injury to persons occasioned by the said fire;
b) be liable for the costs incurred by the fire department including personnel, equipment and apparatus necessary and called to extinguish the said fire and that said costs shall be recoverable in like manner as municipal taxes from the property where the fire originated.
7. No open-air fire shall be maintained when the wind is in such direction or of such intensity so as to cause any or all of the following:
a) a decrease in visibility on any highway or roadway;
b) a rapid spread of fire through grass or a brush area.
8. A farmer who intends to set or maintain an open fire on a specific day for the disposal of vegetable matter or vegetation on farm lands which is normal and incidental for farming purposes will be required to notify the Chief Fire Official for each day of the proposed fire.
8.1 No person shall set a large open fire without first notifying the Chief Fire Official, who shall notify 911 dispatch that any calls pertaining to a fire in that location are not to be acted upon by emergency services.
9. The Municipality is exempt from the provisions of this by-law.
10. Notwithstanding the provisions of this by-law, the Municipality, by resolution, or the Chief Fire Official, by written order, may impose a total ban on open fires for the whole, or any part, of the Municipality, when weather conditions so warrant for any period of time considered appropriate.
11. Every person who contravenes any provision of this by-law is guilty of an offence and on conviction is liable to a fine as provided for in Section 61 of the Provincial Offences Act.
12. This by-law shall take effect retroactively to April 15, 2000.
(By-law Amendment #23-99 Section 1 June)
(By-law Amendment #18-00 Section 1 June)
SCHEDULE B PROTECTION TO PERSONS & PROPERTY
FIRE: OPEN FIRE REGULATIONS
SCHEDULE A
1. A competent adult person may set a contained open fire.
2. An open fire must be supervised and confined at all times.
3. Any person who sets, or allows an open fire to be set, is responsible if someone other than that person is to be the person in charge of the open fire, and the person setting the fire shall assume all responsibility for the actions of the other person, with respect to the open fire.
4. No person shall set an open fire in a central business district.
5. No more than one (1) cubic metre of permitted material may be burned at one time.
6. No person shall set a large uncontained open fire without first notifying the Chief Fire Official.
7. No person shall burn prohibited material, meaning any non-wood products, including, but not limited to, kitchen garbage, leaves, garden refuse, construction materials, tires, chemicals, or materials made of, or containing rubber, plastic or tar, or wood products contaminated with any chemical, stain or paint.
8. No open fire shall be set without the means of extinguishing the fire being available at the site at all time.
9. An open fire shall be contained at all times in an approved installation.
10. No person shall set an open fire, which causes inconvenience or irritation to others.
11. An open fire must be totally extinguished before the person in charge leaves the burning site.
12. A person shall extinguish an open fire when so notified by the Chief Fire Official.
13. An open fire shall be extinguished when the wind is in such direction or of such intensity as to cause a decrease in visibility on any roadway or a rapid spread of fire through grass or a brush area.
14. Any person may be charged by the Ministry of the Environment for an offence.
15. Any person who sets an open fire is responsible for any and all damages resulting from his/her actions with respect to the open fire.
16. Any person who sets an open fire is liable for the costs incurred by the fire department to extinguish the fire.
(By-law Amendment #18-00 Section 1)