THE CORPORATION OF THE
BY-LAW NO. 11-97
Being a by-law for prescribing the time for
setting fires in the
the precautions to be observed and the fees to be
charged.
WHEREAS Section 210(35) of the Municipal Act, R.S.O.
1990, Chapter M.45, as
amended,
provides that councils of municipalities may pass by-laws for prescribing the
times
that fires may be set and the precautions to be observed by persons setting out
fires.
NOW THEREFORE the Council of the Corporation of the
enacts as
follows:
1. All persons setting an open air fire in
the
(a)
not permit more than a
manageable size of material to be burned at any
one time;
(b)
ensure that the means
of extinguishing the fire designated on the permit form is available at the
site at all times during the fire;
(c)
the said permit shall be in accordance
with Schedule “A” attached herto.
2. The fees for issuing a Fire Permit are
as follows:
(a)
fee for an Evening
Fire Permit is $5.00;
(b)
fee for a Day Use Fire Permit is
$10.00.
3. The allowable types and times for
issuing a Fire Permit are as follows:
(a)
an Evening Fire Permit may be issued
for
for a maximum 7 days.
(b)
a Day Use Fire Permit
may be issued for a maximum of 3 days to
Contractors or
Businesses by any authorized issuer.
(c)
a Day Use Fire Permit
may be issued for a maximum of 3 days to
ratepayers by the Fire Department only.
(d)
Fire Permits will not
be required during the Winter Season from
November 1 through
March 31.
4. A fire permit may be cancelled or
suspended at any time by the Chief Fire Official or his designate and
immediately upon receiving notice of such cancellation or suspension,
the permittee shall extinguish any fire started under
the permit.
5. Notwithstanding the provisions of
Section 1 hereof, the Chief Fire Official may, upon application, approve the
setting of any fire subject to the fire being supervised by the Fire Chief of
the South River/Machar Fire Department or his designate.
6. Notwithstanding the provisions of
Section 1 hereof, 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 a barbecue, or is for personal warmth.
7. No person shall set an uncontained
fire, including but not limited to a grass fire.
8. All persons setting an open air fire in
the
(a)
be responsible for any
damage to property or injury to persons
occasioned by the said fire;
(b)
be liable for costs
incurred by the fire department including personnel,
equipment and apparatus necessary and called
in to extinguish the said
fire.
9. No open air fire shall be maintained
when the wind is in such direction or 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.
10. A farmer who intends to set or maintain a
fire 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, and will be
required to notify the fire department for each day of the proposed fire.
11. Every person who contravenes a provision
of this by-law is guilty of an offence and is subject to the provisions of the
Provincial Offences Act.
12. This by-law may be cited as the “
13. This by-law shall come into full force
and effect upon the final passing thereof.
14. By-Law No. 5-97 is hereby repealed.
READ a
FIRST & SECOND time, this 12th
day of May 1997.
………………………………………
Reeve
………………………………………
Clerk-Treasurer
READ a
THIRD time, PASSED, SIGNED and SEALED this 26th
day of May 1997.
………………………………………
Reeve
………………………………………
Clerk-Treasurer
SCHEDULE “A”
BY-LAW NO. 11-97
THE CORPORATION OF THE
South River
Machar Fire Department Permit
Number ___________
Fire Department Administration 386-0039
Fire Department Emergency 386-2621
Daily
Permit for Open Fires
Permission is hereby granted to:
Name: _____________________________________________ Fee PAID (incl. GST)________
Mailing Address: ________________________________________________________________
Postal Code: ____________________________Phone:
_________________________________
For the purpose of having an Open Fire:
Date: _________________________________________________________________________
Time:
_________________________________________________________________________
Location:
______________________________________________________________________
Material to be burned:
____________________________________________________________
Means of Extinguishment Available:
________________________________________________
THE APPLICANT AGREES TO COMPLY WITH THE PROVISIONS OF THE FIRE PERMIT
________________________________
________________________________________
Date Signature
of Applicant
________________________________ _______________________________________
Date Chief
Fire Official or Designate
All persons setting an open air fire in the
(a) not
permit more than a manageable size of material to be burned at any one time;
(b) ensure
that the means of extinguishing the fire designated in the permit form is
available at the site at all times during the fire;
(c) not
burn in high winds;
(d) the
said permit shall be in accordance with Schedule “A” above.
RULES FOR FIRE PERMITS IN THE
1.
Materials to be burned shall be limited to wood or by-products of wood
only.
2.
Fire shall be no more than 1 cubic metre at
any time (3’x 3’x 3’).
3.
Ensure that means of extinguishing the fire is available at all times.
4.
The fire shall be attended by a responsible person at all times.
5.
No burning in high winds.
6.
Permit can be cancelled at any time by the Fire Chief or designate.
7.
If the permit is cancelled for non-compliance, the fee paid is non
refundable.
8.
Person is responsible for any damage to property or injury to persons
occasioned by the said fire.
9.
Person is liable for all costs incurred by the Fire Department when
called to
extinguish said fire.
10.
Any person who contravenes any provision of this by-law is guilty of an
offence and is liable to a fine of not more
than $2,000 under the Provincial
Offences Act.