Government
Burning Bylaw

                        THE CORPORATION OF THE TOWNSHIP OF CRAMAHE

BY-LAW NUMBER 03-64


BEING A BY-LAW PRESCRIBING THE TIMES DURING WHICH FIRES MAY BE SET IN THE OPEN AIR AND THE PRECAUTIONS TO BE OBSERVED BY PERSONS SETTING OUT SUCH FIRES, AND TO MAKE REGULATIONS TO PREVENT FIRES AND THE SPREAD OF FIRES IN THE MUNICIPALITY.

WHEREAS the Council for the Corporation of the Township of Cramahe deems it advisable to pass a by-law for prescribing the times during which fires may be set in the open air and the precautions to be observed by persons setting out such fires, and to make regulations to prevent fires and the spread of fires in the municipality,

NOW THEREFORE the Council for the Corporation of the Township of Cramahe HEREBY ENACTS as follows:

  1.   For the purpose of this by-law the following definitions shall apply:


a) open fire shall mean a fire not contained within an incinerating device approved by the Fire Chief or designate in the designated area for the purposes other than cooking


b) built up area shall mean an area in the Township of Cramahe where 50 percent or more of the frontage on one side of a roadway for a distance of not less than 200 metres is occupied by dwellings buildings used for business purposes, schools or churches or where 50 percent or more of the frontage on both sides of a roadway for a distance of not less than 100 metres is occupied by dwellings, buildings used for business purposes, schools or churches


c) close proximity shall mean close enough to any buildings, fences, trees, brush piles or other structures or combustible materials to constitute a hazard.


d) rural area shall mean the whole of the Township of Cramahe excluding any built up area as defined in this by-law

1.      No person shall set or permit to be set an open fire in any out of doors area or place whatsoever in the Township of Cramahe within a built up area as defined in this by-law.

2.      No person shall set or permit to be set an open fire in any out of doors area or place whatsoever within the Township of Cramahe rural area, whether such places or areas are public or private property, without obtaining approval in the form of a burning permit from the Fire Chief of the Township of Cramahe or his designate. For the purposes of this section, the Fire Chief’s designate shall include the members of staff that work in the Municipal Office at 1 Toronto Street. A burning permit is set out in Schedule A, attached to and forming part of this by-law, and may be amended from time to time.

3.      A burning permit as described in Section 2 of this by-law shall expire after five days, and it is the responsibility of the holder of the permit to renew it after the five-day period if so required.

4.      No open fires shall be left unattended, but shall be under the immediate and constant supervision by an adult person, and such person shall maintain that fire under control at all times to prevent the spread thereof, until it has been fully extinguished within the required time period.

5.      Open fires shall not be set in close proximity to any buildings, fences, trees, brush piles or structures or combustible materials that could be ignited by sparks or heat radiating from said fire.

6.      Some means of extinguishing the fire, such as shovels, rakes, fire buckets, garden hose, etc., shall be available at or near the location of the fire at all times.


 7.  The Fire Chief or designate shall order that any fire be extinguished, even if permission had been granted or a permit issued, in the event that complaints are received from a person living in the vicinity regarding the following:

Ø the burning aggravates him

Ø smoke blows into a neighbouring home, or

Ø any situation which he feels may be a health and/or safety risk

8.         The Fire Chief may also prohibit the issuance of a permit at any location if provisions of this by-law have been contravened at that location in the past, or the Fire Chief has received complaints as listed in Section 7 in regarding burning at that location.

9.      Council hereby authorizes the Fire Chief or designate to extinguish any fires, should they contravene this by-law.

10. No action or other proceeding for damages lies or shall be instituted against the Fire Chief, Deputy Fire Chief or other municipal employee of the Township of Cramahe for an act or omission by him/her in good faith in the execution of any power or duty under this by-law.

11. Every person who contravenes any provision of this by-law may be liable for all damages to public/private property caused by the fire and may also be liable for the full costs of extinguishing the fire as noted in Township of Cramahe By-Law No. 01-55, being a by-law to provide for cost recovery for the supply of certain services by the Cramahe Fire Department.
12. Every person who contravenes any of the provisions of this by-law is guilty of an offence and shall, upon conviction, be liable to the penalties as provided for in the Provincial Offences Act.

13. This by-law shall not prevent the use of any fireplace or similar unit constructed for that purpose, nor shall it prevent the use of camp stoves, charcoal burning units or similar devices.


This by-law shall come into force and effect on the day that it is passed.


By-law Number 01-63 is hereby repealed.

Read a first, second and third time and ENACTED AND PASSED this ____ day of ____________ 2003.
___________________________

Mayor, James L. Williams

___________________________

Clerk, Trudy Merrill


                                     THE CORPORATION OF THE TOWNSHIP OF CRAMAHE


 Part I, of the Provincial Offences Act

By-Law Number 03-64, being a by-law for prescribing the times during which fires may be set in the open air and the precautions to be observed by persons setting out such fires, and to make regulations to prevent fires and the spread of fires in the municipality.



 


Item

 


 COLUMN 1

Short form wording


COLUMN 2

Offence Creating Provision


COLUMN 3

Set Fine (including costs)


1.


Permit or cause an open fire to be set in a built up area


Section 1


$200.00


2.


Permit or cause and open fire to be set in rural area – no permit


Section 2


$150.00

NOTE:            The penalty provision for the offences indicated above is Section 61 of the Provincial Offences Act, R.S.O. 1990 c. P.33 as amended.


 SCHEDULE “A”


 To By-Law Number 03-64


Being a By-Law to prescribe the times during which fires may be set in the open air and the precautions to be observed by persons setting out such fires, and to make regulations to prevent fires and the spread of fires in the Municipality.

 BURNING PERMIT download in pdf format


 This permit is to be faxed to the Fire Department at 905-355-1815


 


 

© 2013 Township of Cramahe