BY-LAW 102-2013
A by-law for the Corporation of the Township of Russell to regulate the setting of fires in the open air within the boundaries of the Township of Russell

WHEREAS the Council of the Corporation of the Township of Russell deems it necessary to regulate the open air burning within the Township of Russell;

AND WHEREAS section 7.1 (1) (a) of the Fire Protection and Prevention Act, 1997, as amended, authorize the municipality to pass by-laws to regulate the fire prevention, including the prevention of the spreading of fires;

AND WHEREAS section 7.1 (1) (b) of the Fire Protection and Prevention Act, 1997, as amended, authorize the municipality to pass by-laws regulating the setting of open air fires , including establishing the times during which open fires may be set;

AND WHEREAS Section 11 (2) (6) of the Municipal Act, 2001 , S.O. 2001, Chapter 25, as amended, authorizes Council to pass by-laws concerning health, safety and well-being of persons;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF RUSSELL ENACTS AS FOLLOWS:

Short form: Fire By-Law

Part 1 - Definitions

1.1 In this by-law,

  • "Campfire" shall mean an open air fire maintained for the purpose of cooking food, providing warmth and recreational enjoyment.
  • "Corporation" shall mean the Corporation of the Township of Russell.
  • "Council" shall mean the elected members of the council of The Corporation of the Township of Russell.
  • "Director of Public Safety and Enforcement" shall mean the person in charge of the Public Safety and Enforcement department for the Township of Russell or designate.
  • "Fire Department" shall mean the fire departments of the Township of Russell.
  • "Fire Chief' shall mean the Chief of the Fire Department, or his deSignate, providing services to the area of the Township in which the fire is located.
  • "Municipal Law Enforcement Officer" shall mean a Municipal Law Enforcement officer appointed by the Corporation of the Township of Russell to enforce municipal by-laws.
  • "Permit" shall mean a permit issued under this by-law which grants a privilege to set a fire in open air.
  • "Permit Holder" shall mean the person whose name appears on the permit issued by the Township of Russell.
  • "Person" shall mean an individual, firm, corporation, association , partnership or an individual in his or her capacity, as a trustee, executor, administrator or other legal representative.
  • "Township" shall mean The Corporation of the Township of Russell.
  • "Open air fire" shall mean a fire outside of a building.

Part 2 - General Requirements

2.1 No person shall set, maintain or allow a fire in open air without first obtaining a permit from the Township or unless approved by the Fire Chief or designate. The amount for the permit shall be set out in the fees and charges by-law.

2.2 Notwithstanding the provisions of section 2.1 hereof the Fire chief or is designate may upon application approve the setting of any fire in the Township of Russell and make a written request to the Director of Public Safety and Enforcement that a permit be issued .

2.3 No person shall set an open air fire in the Township of Russell in those areas being hamlets, villages, subdivisions or any other built up areas or as approved by the Fire Chief and as defined in the Municipal Act and/or the Planning Act, or any other applicable Municipal By-laws, Provincial legislation or statues.

2.4 No person shall set, maintain or allow a fire in open air when the wind is in such a direction or intensity as to cause any or all of the following:

  • (i) A decrease in visibility on any highway or roadway
  • (ii) A rapid spread of fire through grass or brush area
  • (iii) Loss of enjoyment or discomfort of a neighboring property

2.5 No person shall set, maintain or allow an uncontained fire, including but not limited to a grass fire.

2.6 No person shall set, maintain or allow any fire to burn materials other than wood or products of wood.

2.7 No person shall use any form of accelerant to ignite a fire.

Part 3 - Permit

3.1 All fire permits shall be issued by the Director of Public Safety and Enforcement or his designate.

3.2 Every person shall submit the following documents and information prior to the issuance of a permit;

  • (i) permit holder's Ontario Driver's License or any other government issued photo identification.
  • (ii) civic address or lot description of where the fire will be located
  • (iii) a list of materials the permit holder intends to be burning
  • (iv) telephone number and civic address of the land owner where the fire will
  • be located
  • (v) if the applicant is not the land owner, a letter from the land owner shall be submitted giving authorization to have a fire on his property

3.4 No permit holder shall;

  • (i) burn more than one (1) cubic meter of material at any time; except farmers as per part 4 of this by-law.
  • (ii) fail to ensure that sufficient resources are available at the site of the fire to control and extinguish the fire .
  • (iii) fail to have the fire supervised by a person of at least eighteen (18) years of age from the time of ignition until it is completely extinguished.
  • (iv) light or maintain a fire less than 15 meters from property line
  • (v) notwithstanding section 3.4 (iv), light or maintain a fire less than 30 meters from any other combustible material, structure, brush or wooden area.
  • (vi) refuse to extinguish the fire when ordered to do so by the Fire Chief or his designate.
  • (vii) burn any other material other than wood or by-products of wood.
  • (viii) fail to notify the Fire Department Dispatch Center.
  • (viiii) maintain a fire lit or maintain a fire before sunrise.
  • (ix) allow a fire to burn after sunset
  • (x) fail, if quantities permit, to ensure that all burning shall be confined to a suitable container such as a barrel or drum, etc

3.5 The duration of a permit shall not exceed;

  • (i) a period of 3 days for any lot that is outside the Village Limits and that has less than 10 acres;
  • (ii) a period of three (3) months for any lot that is outside the Village Limits and that has more than 10 acres

3.6 A permit may be cancelled or suspended at any time by the Fire Chief or his designate, and immediately upon receiving notice of such cancellation or suspension, the holder of the said permit shall extinguish any fire stated on the permit.

3.7 The Fire Chief or his designate may exempt in writing a permit holder from certain sections of this by-law and may impose specific guidelines.

3.8 A permit holder shall not be refunded if the permit is cancelled or suspended by the Fire Chief or his designate or for any loss of specified burning days due to a fire ban.

3.9 The Director of Public Safety and Enforcement or his designate may modify the of a fire permit due to special circumstances.

Part 4 - Farmers

4.1 A farmer who intends to set, maintain or allow a fire during daylight hours in the open air, on a specified day for disposal of vegetable matter or vegetation on farm lands, which is normal and incidental for farming purposes, shall be issued a permit to cover the period of the proposed fire. The farmer is required to notify the Fire Department Dispatch Centre on each day of the proposed fire.

4.2 A farmer shall be subjected to all other provisions of this by-law including the fees for a fire permit.

Part 5 - Camp Fires

5.1 A permit is not required for a camp fire providing that the campfire is for;

  • (i) keeping warm
  • (ii) cooking food
  • (iii) recreational enjoyment

5.2 No person shall make a camp fire that is;

  • (i) larger than 0.5 cubic meter
  • (ii) not contained so as to prevent the spreading of the fire
  • (iii) causing a nuisance to neighboring property due to the smoke
  • (iv) causing a decrease in visibility on any highway or roadway due to smoke
  • (v) closer than 4.5 meters from any side lot line or rear lot line, from other combustible material, structure, brush or wooden area
  • (vi) within the portion of a yard that is the front or side yard
  • (vii) not supervised by a person of at least eighteen (18) years of age from the time of ignition until completely extinguished.

Part 6 - Fire Ban

6.1 The Fire Chiefs or his designate shall have the right to declare a fire ban for parts or the whole of the Township of Russell.

6.2 No person shall set, maintain or allow any fires to be ignited during a declared fire ban.

6.3 The Fire Chiefs or his designate shall have the authority to terminate a declared fire ban within the Township of Russell.

Part 7 - Obstruction

7.1 No person shall obstruct, hinder or interfere with the Fire Chiefs or his designate in the lawful performance of his duties

7.2 No person shall obstruct, hinder or interfere with the Director of Public Safety and Enforcement or his designate in the lawful performance of his duties

Part 8 - Right of Entry

8.1 Section 7.1 (4) of the Fire Protection and Prevention Act, 1997, as amended, authorize a municipality to appoint an officer to enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether a by-law enacted under the said Act is being complied with.

Part 9 - Penalties

9.1 If any person or permit holder contravenes any provIsion of this by-law, the Fire Department may enter upon any lands to extinguish the fire.

9.2 The owner of the land may be liable to any fees in relation to section 9.3 of this by-law.

9.3 Should the Fire Department causes work to be done under section 9.1 of this by-law, the owner shall be responsible for any damage to property or injury to persons occasioned by the said fire and shall be liable to pay any fees together with any cost including but not limited to personnel, equipment and apparatus necessary and called in to extinguish the said fire, as may be set out in Schedule A-5 Fire Department Fees in the fees and charges by-law. Such total amount, together with the administrative fee, shall be added to the collector's roll of taxes to be collected and shall be subject to the same penalty and interest charges as real property taxes, and shall be collected in the like manner and with the same remedies as real property taxes.

9.4 Before the certificate of the Clerk of the Corporation is issued under section 9.3 of this by-law, an interim certificate shall be delivered to the owner of the property that is issued to the lien, as well as to all prior mortgagees or other encumbrances and the affected owner, mortgagees or other encumbrances shall have two (2) weeks from the date of the receipt of the interim certificate to appeal the amount shown thereon to the Council of the Corporation.

9.5 Every person who is contravening or causes or permits any contraventions of any of the provisions of the By-Law, is guilty of an offence and on conviction, is liable to a fine as provided for in the Provincial Offences Act.

9.6 In addition to the imposing of a fine or other remedy, a Court of competent jurisdiction may, upon conviction of an offence under this By-Law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

Part 10 - Severability

10.1 Should any section, subsection, clause or provision of this by-law be declared by a court of competent jurisdiction to be invalid, the validity of the remainder of the by-law shall not be affected, and the said section, subsection, clause or provision shall be severable from the remainder of the by-law.

Part 11 - Liability

11 .1 This by-law is not to be construed at any time in such fashion as to hold the Corporation or its officers liable for failing to ensure that persons comply with the provisions of this by-law.

Part 12 - By-Law in Force

 12.1 This by-law shall come in force and take effect on the day it is duly adopted by council.

Part 13 - Repeal

13.1 That by-law 43-2003 is hereby repealed in its entirety.

 

Read a first and second time this 2nd day of December, 2013.

Read a third time and finally passed this 2nd day of Decembrer, 2013.


Signed by Jean-Paul St Pierre, Mayor
Signed by Joanne Camiré Laflamme, Clerk