Fire Prevention and Safety - Open-Air Fire

This by-law may be cited as the "Fire Prevention and Fire Safety By-Law" 

In this by-law:

• "Owner" shall mean the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge whom occupies the property;
• "Corporation" shall mean the Corporation of the Township of Alfred and Plantagenet
• "Municipal Law Enforcement Officer" shall mean the Municipal Law Enforcement Officer appointed by the Council of the Corporation of the Township of Alfred and Plantagenet responsible for the enforcement of the municipal by-laws;
• "Permit Holder" shall mean the person to whom a permit was issued and whom is responsible to comply with the Act and this by-law;
• "Director of the Fire Department" shall mean the Director of the Fire Department appointed by the Council of the Corporation of the Township of Alfred and Plantagenet, his or her representatives, assistants or authorized subordinates;
• "Fire Department" shall mean the Fire Department of the Corporation of the Township of Alfred and Plantagenet;
• "Open air fire base" shall mean the area or the surface on the ground which is used to contains the materials to burn. The open air fire base may be determined by a pit dug in the ground or may be defined by a metal, rock, stone or brick edge or any non-combustible material;
• "Open air fire" shall mean a campfire, an incinerator, an outdoor fireplace, a burn drum and a construction site fire;
• "Outdoor fireplace" Shall mean a manufactured, non-burnable, enclosed container designed to hold a small fire for decorative purposes, which does not exceed one cubic meter in size and includes, but is not limited, to a chimney, and must be equipped with a spark arrester.

1. No person shall, unless otherwise authorized by the provisions of this by-law or any other by-law of the Corporation, set, or permit to be set, a fire in the open air without first obtaining an open air fire permit in compliance with this by-law;
2. No open air fire shall be permitted when a smog alert or a drought notice has been issued for the forecast area which includes the Township;
3. If the dimensions of the open air fire base is larger than one (1) square meter (and the volume of the base combined with the height of tile flames is bigger than one (1) cubic meter, the owner shall file an application for an open air fire permit by .completing the prescribed form with the Municipal Law Enforcement Officer and pay the required fees; .
4. No person shall be deemed to have been issued an open air permit unless the Municipal Law Enforcement Officer has issued such (I permit. Filing an application for an open air fire permit does not constitute a permit; e) No person shall give false information or make a false declaration for the purposes of obtaining an open air fire permit; f) Where a fire permit is required, no person shall set, or permit to be set, a fire in the open air during the period starting one half hour before sunset and ending one half hour after sunrise; 
5. No person shall be allowed to ignite more than one (1) open air fire on a property, except on a camping site in compliance with the Zoning By-Law No 2009-50;
6. No person shall burn or permit to be burn petroleum products, plastics, rubber, pressure treated wood, domestic waste or garbage, brushes, grass, weeds, leaves, evergreen needles, organic material, or any other material that may create a dense or excessive smoke or produce noxious or toxic fumes;
7. Open air fires which require the issuance of a permit may be permitted during the whole year at the discretion of the Municipal Law Enforcement Officer after obtaining a permit;
8. At the discretion of the Municipal Law Enforcement Officer or the Director of the Fire Department, the application for an open air fire permit may be granted, issued with conditions or refused;
9. No open air fire permit shall be issued for any period of time exceeding ninety (90) days. No open air permit shall be issued during a drought period as declared by the Director of the Fire Department or the Municipal Law Enforcement Officer;
10. Notwithstanding any other provisions of this by-law, following the issuance of an open air fire permit, if upon an inspection the Municipal Law Enforcement Officer or the Director of the Fire Department deems that the open air fire poses a danger to the health or safety of any person or property, the Municipal Law Enforcement Officer or Director of the Fire Department may revoke or postpone the open air fire permit and order that the open air fire be extinguished;
11. Notwithstanding any other provisions of this by-law. if the Municipal Law Enforcement Officer or the Director of the Fire Department deems that an open air fire poses a danger to the health or safety of any person or property because of its size. its location on the property or the materials used to feed the open air fire, the Municipal Law Enforcement Officer or Director of the Fire Department may order that the open air fire be extinguished;
12. The dimensions of the open air fire for when a permit was issued must be contained at all time in order for the permit holder to extinguish the fire immediately if it is deemed necessary to do so due to a change in the weather conditions or following an order issued by the Municipal Law Enforcement Officer or the Director of the Fire Department;
13. The permit holder shall:
    1. Upon demand produce the fire permit;
    2. comply with any conditions on the fire permit and only burn material authorized on the fire permit;
    3. supervise the fire continuously from ignition until completely extinguished;
    4. agree to extinguish the fire when an order is issued to that effect by the Municipal Law Enforcement Officer or the Director of the Fire Department;
    5. Keep at hand or in close proximity all the necessary equipment and tools required to extinguish the fire (shovel, rake, fire extinguisher, garden hose, backhoe, etc.);
14. No permit for an open air fire is required if the dimensions of the open air fire base is less than one (1) square meter and the volume of the base .combined with the height of the flames is less than one (1) cubic meter;
15. An open air fire must be used to burn only dry firewood;
16. An open air fire shall be authorized only in the rear yard of a property;
17. No open air fire shall be permitted in the front yard or in the side yards of a property, as defined in the Township of Alfred and Plantagenet Zoning By-Law No. 2009-50, as amended from time to time; 
18. The base of the open air fire which contains the material to burn shall be located at a minimum distance of five (5) meters (16 feet) from any part of a main building. any part of an accessory building or structure, any rear or side lot line or property limit, any tree, any hedge. any fence. any overhead wiring. and any combustible material;
19. If the open air fire base cannot be located in the rear yard of a property in compliance with the minimum distances prescribed in this by-law, then the open air fire shall be contained within an outdoor fireplace with a maximum dimension of one (1) cubic meter;
20. The outdoor fireplace shall be located in the rear yard of the property at a minimum distance of two (2) meters (6 feet) from any part of a main building, any part of an accessory building or structure, any rear or side property lot line, any tree, any hedge, any fence, any overhead wiring, and any combustible material;
21. The outdoor fireplace must be located on a non-burnable surface (e.g.: brick, stone. concrete, etc.) covering an area on the ground extending beyond the outdoor fireplace height and must be used to burn only dry firewood;
22. The authorization granted to ignite an open air fire. as set out in this by-law, does not relieve an owner, a permit holder or any other person from their obligation to comply with the Environmental protection Act of Ontario. While burning, it is the owner, the permit holder or any other person igniting an open air fire to ensure that smoke does not interfere with the ability of the neighbors to enjoy their properties or conduct their business without disruption. The owner, the permit holder or any other person igniting an open air fire are required to watch where the smoke travels and not to burn when there are foggy or windy conditions that would carry the smoke in a direction that will disrupt adjacent properties or roadways.

1. No person shall obstruct, hinder or interfere with the Municipal Law Enforcement Officer or the Director of the Fire Department in the lawful performance of their duties.
2. The provisions of this By-Law shall be enforced by the Municipal Law Enforcement Officer.
3. The Municipal Law Enforcement Officer is hereby authorized to:
   1. Issue open air fire permits as provided in this by-law;
   2. sign all open air fire permits on behalf of the Corporation;
   3. limit the duration of the open air fire pel1llit and the materials allowed to be burned;
   4. Impose any other conditions to the open air fire permit deemed required and necessary for safety reasons.
4. The Municipal Law Enforcement Officer or the Director of the Fire Department may:
   1. demand the fire permit for' inspection from any permit holder;
   2. inspect any premises for which a fire permit has been issued;
   3. enter at all reasonable times upon any property in order to ascertain whether the provisions of this by-law are obeyed and to enforce or carry into effect this by-law;
   4. undertake any technical investigation or inspection for the purposes of administering this by-law.

1. If any person or permit holder contravenes any provisions of this by-law, the Fire Department may enter upon any lands to extinguish the open air fire;
2. Where the Fire Department is called upon to intervene to extinguish an open air fire, the owner shall pay the costs for the intervention by the Fire Department, as set out in Schedule "A" of this By-Law;
3. Where the owner fails or refuses to pay the call for the Fire Department intervention, such fee and all costs incurred by the Township shall be added to the collector's roll of taxes for the current year and shall be collected in like manner and with the same remedies as municipal taxes; 
4. Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction thereof shall forfeit, and pay a penalty for' each such offence and every such penalty shall be recoverable under the Provincial Offences Act, R.S.O. 1990. chapter P.33 and amendments thereto;
5. When a person has been convicted of an offence under this by-law any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, Issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.

The owner, a permit holder and any person igniting an open air fire shall indemnify and save harmless the Corporation from any and all claims, demands, causes of action, losses, costs or damages the Corporation may suffer, incur or be liable for resulting from the open air fire as set out in this by-law whether with or without negligence on the part of the owner; the permit holder or any person igniting an open air fire, their employees, directors, contractors or agents.

The requirements of this by-law are severable. If any requirements of this by-law are held invalid, the application of such requirements to other circumstances and the remainder of this by-law shall not be affected.

This by-law is not to be construed at any time in such a fashion as to hold the Corporation or its officers liable for failing to ensure that persons comply with the provisions of this by-law.

This by-law shall come into force and take effect on the date Of its adoption by the Municipal Council.

That By-laws 2005-68 and No. 2006-34 are hereby repealed.