BYLAW - Regulate Outdoor Burning - 20090721 - 511109THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5111-09
BEING A BY-LAW to regulate outdoor burning
WHEREAS subsection 11 (2) of the Municipal Act, 2001, 8.0. 2001, c. 25, as
amended, authorizes municipalities to pass by-laws respecting the health,
safety and well-being of persons and respecting the protection of persons and
property;
AND WHEREAS the Council of The Corporation of the Town of Aurora
deems it advisable to regulate by by-law the setting and burning of outdoor
fires for the fire protection of persons and property;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
Definitions
1. In this By-law:
(a) "Appliance" means a device to convert fuel into energy, and includes
all components, controls, wiring and piping;
(b) "Approved" means approved by the "Chief Fire Official", as defined in
section 1.4.1.2 of Ontario Regulation 213/07 (Fire Code), as amended, made
under the Fire Protection and Prevention Act, 1997, 8.0. 1997. c. 4, as
amended;
(c) "Fire" means the burning or combustion of materials in the open air;
(d) "Fire Official" means the Fire Chief, Chief Fire Prevention Officer, Fire
Prevention Officer, Fire Prevention Inspector, Captain or Firefighter of Central
York Fire Services;
(e) "Permitted Outdoor Fire" means:
(i) a small, confined fire, supervised at all times and used to cook food on a
grill or a barbecue;
(ii) a fire set and maintained in an Appliance that conforms with the Technical
Standards and Safety Act, 2000, 8.0. 2000, c. 16, as amended, and that is
for outdoor use and is installed in accordance with the· manufacturer's
instructions;
(iii) any fire entirely contained in an appliance designed, constructed or
manufactured for the purpose of cooking food for consumption; and
(iv)candles and other manufactured appliances designed for illumination or
the suppression of insects;
(f) "Person" includes a natural individual and his or her heirs, executors,
administrators or other legally appointed representatives, a corporation,
partnership or other form of business association; and
(g) "Town" means The Corporation of the Town of Aurora.
Scope:
2. The provisions of this By-law shall apply to all lands and premises within
the geographic confines of the Town of Aurora.
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Prohibition Against Outdoor Fires:
3. Other than a Permitted Outdoor Fire or as permitted under the Fire
Code, no person shall set a Fire or allow a Fire to burn outdoors except in
accordance with the provisions of this By-law, particularly as set out in section
4 of this By-law and all other applicable provincial, municipal and federal laws
and regulations.
Regulations Applicable to Outdoor Fires:
4. No Person or owner of a property shall:
(a) start or allow a Fire to burn during a fire ban as issued by the Fire Chief;
(b) start or allow a Fire to burn on commercial or industrial property;
(c) start or allow a Fire to burn between the hours of 11 p.m. and 8 a.m.;
(d) start or allow a Fire to burn except in a container, apparatus or physical
construct that is capable of controlling the spread of the Fire;
(e) start or allow a Fire to burn in a manufactured appliance, such as those
devices commonly referred to as "chimineas", unless the material being burnt
is of such limited quantity that it fits well within the confines of such appliance
and the appliance is not on a combustible surface, including a wooden deck;
(f) burn any of the following materials:
(i) automobile and truck bodies;
(ii) tires;
(iii) oil;
(iv) grease;
(v) paint;
(vi) cloth or rags;
(vii) plastics;
(viii) animal husbandry refuse, such as animal fecal deposits or manure
and animal carcasses;
(ix)domestic waste, such as food scraps, cloth, rags, clothing and household
plastics;
(x) flammable or combustible liquids or accelerants; and
(xi) wood products that have been painted or otherwise treated;
(g) burn any material that is normally collected under a municipality's
garbage, blue box or yard waste collection programs;
(h) start or allow a Fire to burn larger than 0.75 metres in diameter and no
more than one (1) metre in height, including flame height;
(i) start or allow a Fire to burn unless it is four (4) metres from the edge of the
container, apparatus or physical construct to any lot line, building, structure,
deck, hedge, tree, fence, vehicular right of way or overhead wire;
U) start or allow a Fire to burn unless a responsible person of at least
eighteen (18) years of age is present at all times that a Fire is burning.
(k) start or allow a Fire to burn unless a garden hose is located in close
proximity to the Fire with the hose valve opened to facilitate quick and
thorough extinguishment of the Fire;
(I) start or allow a Fire to burn on any land or premises where construction of
a building or structure is ongoing; or
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(m)start or allow a Fire to burn when the direction or intensity of the wind may
cause the uncontrolled spread of the Fire to other combustible materials,
including grass and brush.
Exemptions:
5. The Fire Chief may approve other outdoor fires for special occasions on
Town property with any appropriate restrictions stipulated at the time of the
approval.
Compliance: .
6. For the purposes of this By-law, the following persons shall be appointed
officers authorized to enter upon lands and into structures at any reasonable
time to conduct inspections and determine whether or not the provisions of
this By-law are being complied with:
(a) Fire Chief;
(b) Chief Fire Prevention Officer;
(c) Fire Prevention Officer;
(d) Fire Prevention Inspector;
(e) Captain;
(f) Firefighter; or
(g) Any officer or agent of Central York Fire Services.
7. Where an inspection is conducted pursuant to the provisions of this By-
law, the person conducting the inspection may:
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any person concerning a matter related to the
inspection, including their name, address, phone number and identification;
and
(d) alone or in conjunction with a person possessing special or. expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
8. These powers are in addition to, and do not abrogate from, any other
powers of the Town, Central York Fire Services, their employees, agents or
servants or any other law enforcement authority under the provisions of any
legislation, regulations or by-laws.
9. Central York Fire Services will respond to calls complaining of any Fire
that does not comply with the provisions of this By-law. If it is determined by
Central York Fire Services that any outdoor burning taking place at a property
is not in accordance with this By-law, the person responsible for the Fire will
be directed to extinguish it or it will be extinguished by Central York .Fire
Services.
10. Where Central York Fire Services responds to a complaint of a Fire that is
not in compliance with this By-law, Central York Fire Services may charge the
cost of responding to such Fire, including the costs of personnel, equipment
and apparatus required to respond to such Fire, to the person who started the
Fire or to the owner at whose property the Fire was located. The Town may
recover the costs of responding to a Fire by adding the costs to the tax roll of
the owner of the property where the Fire was located, and collecting those
costs in the same manner as property taxes.
11. This By-law shall be administered and enforced by the Chief Fire Official.
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12. The provisions of this By-law shall come into force and effect upon third
reading hereof. ·
Repeal:
13.By-law Number4745-05.P is hereby repealed.
Short Title:
14. The short title of this By-law shall be the "Outdoor Burning By-law."
READ A FIRST AND SECOND TIME THIS 21sT DAY OF JULY, 2009.
READ A THIRD TIME AND FINALLY PASSED THIS 21sT DAY OF
JULY, 2009.
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PHYLLISM:AAIS, MAYOR
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LUCILLE KING, ii"OWN CLERK
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