MUNICIPALITY OF NORTH MIDDLESEX

 

BY-LAW NUMBER #43 OF 2004

 

 

BEING A BY-LAW TO REGULATE THE SETTING OF FIRES

IN OPEN AIR IN THE MUNICIPALITY OF NORTH MIDDLESEX

 

 

WHEREAS                              the Municipal Act, R.S.O. 1990, c M. 45, subsection 210(35), authorizes the Council of a municipality to pass 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 fires.

 

NOW THEREFORE   the Council of North Middlesex ENACTS A BY-LAW

                                                as follows:

 

1.                  With the exclusion of regular agricultural burning and municipal controlled burns,  no person shall set, maintain or allow to burn in the open air for any purpose a fire exceeding 1.5 metres (5 feet) in diameter, except with an approved “Permit for Open Air Fire”.

 

2.                  With the exception of small, recreational fires, the time for any  permitted

fire will be one-half hour after sunrise to one-half hour before sunset on any day.

 

3.                  Any person setting, maintaining or allowing to burn in the open air in the

Municipality of North Middlesex for purposes of regular agricultural burning on agriculturally zoned properties shall inform the appropriate parties of the intended burn.  For the purposes of this by-law, regular agricultural burning includes: brush, ditch sides, residues, etc.

 

Action to be taken prior to regular agricultural burnings that will exceed 1.5 metres (5 feet) in diameter.

 

a)                  The Municipality of North Middlesex and the Fire Station, Chief or

Captain having jurisdiction of the area of the intended burn, will be verbally notified 24 hours in advance of an intended burn

 

b)                  The applicant will provide information on:

 

i)                    the location of the planned burn, (address, 9-1-1 #, etc.)

ii)                   the time frame in which this burn is to be held.

 

4.                  Regardless of size or purpose, any person setting, maintaining or allowing

to burn in the open air in the Municipality of North Middlesex shall ensure that the fire;

 

a)                  does not cause smoke or fire damage to any property;

 

b)                  does not decrease the visibility or create a hazard on any public or

private roadway;

 

c)                  does not spread rapidly through any grass or brush area;…. 1

 

d)                  is not set under weather conditions that limit the rapid dispersion of

smoke;

 

e)                  has no petroleum products, plastics, rubber or other materials that

create excessive or toxic smoke or excessive odours; not limited to household garbage and/or building materials;

 

f)                    with the exception of small, recreational fires, is not located within

15 metres (49.21 ft.) of any building, structure or overhead wire;

 

g)                  is attended at all times by a responsible person, and with respect to

permitted fires in excess of 1.5 metres (5 feet) the person to whom the permit was issued, and such persons shall have a garden hose or alternative method of extinguishing available, and

 

h)                  that all flammable vegetation and materials are cleared from the

area within a 7.5 metre (24.5 ft.) radius of the fire;

 

5.                  Any person setting, maintaining or allowing to burn a fire in excess of 1.5

metres (5 feet) diameter in the open air in the Municipality of North Middlesex without a permit, or a fire less than 1.5 metres (5 feet) in diameter not in compliance with the terms of Section 4 of this by-law, will be

 

a)                  responsible for any damage to property caused by the said fire; and

 

b)         be liable for the payment of a fee comprised of the cost of any fire

            fighting equipment and personnel necessary to attend at or

            extinguish the said fire, which cost (including the payment of any

            interest and penalties) will be calculated in accordance with

            Schedule “D” hereof.  Any outstanding amount will be collected

            through any remedy available to the Municipality.

 

6.                  The Fire Chief or Deputy Fire Chief having jurisdiction in the Municipality of North Middlesex,  in their sole and absolute discretion:

 

a)         may enter into a written agreement with any person for a controlled       

            burn in the form set out in Schedule “B” and “C” attached hereto

            and forming part of this By-law;

 

b)                  may impose such further and other requirements regarding the fire

as the Fire Chief or Deputy Fire Chief having jurisdiction in the Municipality of North Middlesex, deem appropriate.

 

7.                  Nothing in this By-law shall:

 

a)                  prevent the setting of a fire in a barbecue unit, or enclosed

incinerator provided;

 

                        i           the unit is safely constructed;

                        ii           the unit is located in a safe, clear area;

                        iii          the fire is a reasonable size; and

                        iv          the provisions of Section 4 of this By-law are complied with;

 

b)                  prevent the setting of a fire in a safe cleared area, provided the fire        

is less than 1.5 metres (5 feet) in diameter.

                                                                                                           

8.                  PENALTY AND ENFORCEMENT

 

Every person who breaches a section of this By-law is guilty of an offence and subject to penalty as provided under the Provincial Offences Act”

 

9.                  The short title of this By-law shall be the “Open Air Burning By-law”.

 

10.              This By-law shall come into full force and effect on the date of passing.

 

Read a first and second time this 21ST day of June 2004

        

 

Read a third time and finally passed this 21st  day of June 2004         

 

 

 

                                                                        _______________________________

                                                                        Mayor

 

 

 

 

                                                                        ________________________________

                                                                        Administrator Clerk

 

 

 

 

 

SCHEDULE “A” TO BY-LAW _______

 

 

 

Every person who contravenes section 1,2,3,4, or 5 of this By-law is guilty of an offense and upon conviction is liable to a fine of not less than $50.00 and not more than $500.0 excluding costs, which shall be recoverable under the Provincial Offenses Act.

                                                                                                           

SCHEDULE “B” TO BY-LAW ______

 

THE MUNICIPALITY OF NORTH MIDDLESEX

PERMIT FOR OPEN AIR FIRE

 

                                                                        Date Issued: ________________

PERSONAL INFORMATION

 

Applicant’s Name: _________________________________________________

 

Applicant’s Address: _______________________________________________

                                         (Street or Concession Road and Municipal Number)

 

 Assisting Responsible Adult: _________________________________________

 

Phone Number at Site: ______________________________________________

 

Association or Sponsor: _____________________________________________

 

FIRE INFORMATION

 

Date of Fire: ______________________ Estimated Duration: _______________

 

Location of Fire: _____________________ Lot _________ Concession ______

911 Address                                                           Municipal Address

Responsible Person:

Means of Extinguishing Fire:

Access Route:         

 

THIS PERMIT IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS

 

1.                  Applicant acknowledges having read, understood and agrees to comply

with the rules and regulations of By-law No.

 

2.                  The Applicant acknowledges that verbal permission from the Fire Chief,

the Deputy Fire Chief or designee must be obtained on the date the fire is set.

 

3.                  Written approval is required from the Fire Chief, the Deputy Fire Chief or

designee for every fire set or continuing after one-half hour before sunset, save and except a fire referred to in Section 7 of By-law No.

 

4.                  The Applicant is responsible to comply with all application legislation.

5.                   

5.         The Applicant shall post the Fire Permit at the location of the telephone

            nearest the fire for easy access to emergency telephone number listed

            below.

 

APPLICANT’S SIGNATURE

ISSUERS’S SIGNATURE

FIRE OFFICIAL

 

Fire Chief:        Phone Numbers (home) _______________  (bus.) _____________

 

Deputy Fire Chief:        Phone Numbers (home) __________  (bus.) ____________

 

Municipal Office:          Administration Phone (519) 294-6244

 

FIRE DEPARTMENT EMERGENCY NUMBER 9-1-1

 

THIS PERMIT IS VALID FOR A PERIOD OF THIRTY (30) DAYS ONLY FROM THE DATE ISSUED ABOVE

SCHEDULE “C” TO BY-LAW

MUNICIPALITY OF NORTH MIDDLESEX

AGREEMENT FOR CONTROLLED BURN

 

                                                                                    Date Issued: ________________

PERSONAL INFORMATION

Applicant’s Name: _________________________________________________

 

Applicant’s Address: _______________________________________________

                                      (Street or Concession Road and Municipal Number)

Other Assisting Responsible Adult: ____________________________________

 

Phone Number at Site: ______________________________________________

 

Association or Sponsor: _____________________________________________

FIRE INFORMATION

Date of Fire: ________________________ Estimated Duration: _____________

 

Location of Fire: _____________________ Lot ___________ Concession _____

911 Address                                                            Municipal Address

Responsible Person: _______________________________________________

 

Means of Extinguishing Fire: _________________________________________

 

Access Route: ____________________________________________________

 

THIS PERMIT IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS

1.                  The Applicant acknowledges having read and understood and agrees to

abide by the terms and conditions of By-law No.

 

2.                  The Applicant acknowledges that verbal permission from the Fire Chief,

the Deputy Fire Chief or designee must be obtained on the date the fire is set.

 

3.                  Written approval is required from the Fire Chief, the Deputy Fire Chief, or

designee for every fire set or continuing after one-half hour after sunset, save and except fire referred to in Section 7 of By-law No.

 

4.                  The Applicant is responsible to comply with all applicable legislation.

 

5.         The Applicant shall post the Fire Permit at the location of the telephone

            nearest the fire for easy access to emergency telephone number listed

            below.

 

6.         The Applicant is not required to comply with section 1 of By-law No.   being that the fire not be greater that 1.5 metres in diameter as a permit has been obtained.  However, the applicant shall comply with the following

            additional requirements.

            ___________________________________________________________

            ___________________________________________________________

            ___________________________________________________________

 

APPLICANT’S SIGNATURE: _________________________________________

ISSUER’S SIGNATURE: ____________________________________________

FIRE OFFICIAL: ___________________________________________________

Fire Chief: ___________________ Phone Numbers (home)                (bus.)

Deputy Fire Chief: _______________Phone Numbers (home)             (bus.)

 

Municipal Office: ________________ Administration Phone: (519) 294-6244

FIRE DEPARTMENT EMGERCY NUMBER 9-1-1

THIS PERMIT IS VALID FOR A PERIOD OF THIRTY (30) DAYS ONLY FROM THE DATE ISSUED ABOVE

SCHEDULE “D” OF BY-LAW

 

 

FEES TO FOR FIRE FIGHTING EQUIPMENT AND PERSONNEL

 

 

 

1.                  The sum of THREE HUNDRED DOLLARS ($300.00) for each and every

call to which the Fire Department with the pumper and a minimum of two Fire Fighters

 

 

2.                  The sum of TWO HUNDRED DOLLARS ($200.00) for each and every

occasion to which the Fire Department responds with the water tanker and a minimum of two Fire Fighters

 

 

3.                  The sum of ONE HUNDRED AND TWENTY-FIVE DOLLARS ($125.00)

for each and every occasion to which the Fire Department responds with the equipment van and a minimum of two Fire Fighters