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Copyright © 2001
WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, provides:
AND WHEREAS paragraph 22.214.171.124 of the Fire Code provides that open air burning shall not be permitted unless approved by the Fire Chief, or unless such burning consists of a small, confined fire, supervised at all times, and used to cook food on a grill or a barbeque;
AND WHEREAS of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides:
AND WHEREAS section 6 of the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1 provides that no municipal by-law applies to restrict a normal farm practice carried on as part of an agricultural operation;
AND WHEREAS the City has a City-wide yard waste collection program in which yard waste is collected and composted, which program decreases the need to burn yard waste;
NOW THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows:
1. In this by-law:
“Barbeque” means a manufactured device or structure with a grill which is designed, intended and used solely for the purpose of cooking food outdoors, and includes a hibachi, but does not include devices or structures designed for personal warmth, fire pits, or Outdoor Fire Containers;
“Camp Site” means a site designated for camping purposes at:
(1) Fanshawe Conservation Area;
(2) a “children’s camp” as defined in Ontario Regulation 170/03 as a camp that is intended primarily for campers under 18 years of age and that is a class A camp or class B camp within the meaning of Regulation 568 of the Revised Regulations of Ontario, 1990 (Recreational Camps) under the Health Protection and Promotion Act; or
(3) a camp operated by a charitable corporation approved under the Charitable Institutions Act;
“City” means The Corporation of the City of London;
“Cooking Fire” means an Open Air Fire used for the purpose of cooking food;
“Fire Chief” means the person appointed by City Council to act as Fire Chief for the City as defined in the Fire Protection and Prevention Act, 1997 or designate;
“Noxious Materials” includes tires, plastics, rubber products, drywall, demolition waste, construction waste, paint, animal organic waste, vegetable waste, food waste, biomedical waste, tar, asphalt products, battery boxes, pressure-treated wood, creosote-treated wood, and painted wood;
“Nuisance” means excessive smoke, smell, airborne sparks or embers that is likely to disturb others, or that is likely to reduce visibility on roads in the vicinity of the Open Air Burning;
“Officer” means the Fire Chief, any member of London Fire Services within the Fire Fighting and Fire Prevention Divisions, City of London by-law enforcement officers, and Police officers;
“Open Air Burning” means a fire set outside of a building;
“Outdoor Fire Container” means a non-combustible container used to hold a small fire, and includes, but is not limited to, chimineas, metal tubs, fire pits, and outdoor brick fireplaces;
“Owner” means any person, firm or corporation having control over any portion of the building or property under consideration and includes the persons in the building or property;
“Permit” means a permit issued by the Fire Chief to set a fire in the Open Air for a specified time period;
“Permit Holder” means a person to whom a Permit has been issued by the fire Chief; “Person” means an individual or a corporation;
“Smog Alert” means an alert issued by the Ministry of the Environment with respect to air quality;
“Strike” means a strike as defined in the Labour Relations Act, 1995, S.O. 1995, c.1, Sched. A;
“Wind Speed” means the wind speed for London as reported on the Environment Canada website.
2.1 No person shall set, maintain, or permit to be set or maintained, an Open Air Burning except as authorized under this By-law.
2.2 This By-law shall not apply to:
3.1 (1) A person may conduct an Open Air Burning in an Outdoor Fire Container, subject to the conditions set out in this Part.
(2) A person conducting an Open Air Burning shall comply with the following conditions for an Open Air Burning in an Outdoor Fire Container:
3.2 (1) A person may conduct an Open Air Burning for a Cooking Fire, subject to the conditions set out in this Part and in subsection 3.1(2), save and except subsection 3.1(2)(a).
(2) A person conducting an Open Air Burning shall comply with the following condition for a Cooking Fire:
3.3 (1) A person may conduct an Open Air Burning if the person has been issued a Permit, and if the person complies with all of the conditions set out in this Part.
(2) Every Permit is subject to the conditions in this Part of obtaining and continuing to hold a Permit, all of which shall be performed and observed by the applicant or the holder of the Permit:
(3) An application for a permit must be completed on the forms provided by London Fire Services of The Corporation of the City of London.
(4) A Permit shall only be valid for the date indicated on the Permit, or 7 days after the Permit has been issued, whichever is shorter.
(5) The Fire Chief may refuse to issue a Permit:
3.4 Every person setting, permitting to be set, maintaining, or permitting to be maintained, an Open Air Burning authorized under this Part shall comply with the following conditions:
4.1 (1) A person may conduct an Open Air Burning if it is part of a normal farm practice carried on as part of an agricultural operation, as those terms are defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, on lands zoned for agricultural use, and subject to the conditions set out in this Part.
(2) A person conducting an Open Air Burning under subsection (1) shall comply with the following conditions:
(a) notify London Fire Services’ Communications Centre in person or by telephone prior to the Open Air Burning and at the conclusion of the Open Air Burning, and shall provide London Fire Services’ Communications Centre with their municipal address;
(c) not have a fire larger than 2 metres in length, by 2 metres in width, by 2 metres in height; and
(d) locate the Open Air Burning at least 50 metres away from any building, structure, property line, tree, hedge, fence, roadway, overhead wire or other combustible article.
(3) The conditions in subsection 4.1(2) shall not apply to fires under subsection 4.1(1) that are used to burn off dried vegetation along fence lines and in culverts.
5.1 If the Fire Chief is satisfied that this by-law has been contravened, the Fire Chief may make an order requiring the person who contravened the by-law, or who caused or permitted the contravention, or the owner or occupier of the land on which the contravention occurred, to discontinue the contravention. An order under this Part shall be known as an Order to Discontinue Activity, and such an Order can require a person not to conduct an Open Air Burning for a certain period of time.
5.2 An Order to Discontinue Activity shall set out:
(a) the municipal address of the property on which the contravention occurred;
(b) the date of the contravention;
(c) the contravention of the by-law;
(d) the date by which there must be compliance with the order;
(e) the date on which the order expires.
5.3 The Order to Discontinue Activity may be served personally on the person to whom it is directed or by regular mail to the last known address of that person, in which case it shall be deemed to have been given on the third day after it is mailed.
6.1 If an Officer is satisfied that this by-law has been contravened, the Officer may issue an Order to Extinguish requiring the person contravening the by-law to immediately extinguish the fire.
6.2 An Order to Extinguish shall set out:
(a) the municipal address of the property on which the fire is located;
(b) the date of the inspection;
(c) the contravention of the by-law;
(d) that the fire is to be extinguished immediately
(e) a notice that if the fire is not extinguished immediately, the municipality may extinguish the fire at the expense of the owner and the cost of the work may be recovered by adding the amount to the owner’s tax roll.
6.3 The Order to Extinguish may be served personally on the person to whom it is directed or by regular mail to the last known address of that person, in which case it shall be deemed to have been given on the third day after it is mailed.
7.1 (1) Should a person default in complying with an Order to Discontinue Activity or an Order to Extinguish, the fire may be extinguished at the person’s expense.
(2) The City may enter on land at any reasonable time for the purpose of extinguishing a fire under subsection (1).
(3) The power of entry under this Part shall be exercised by an employee, officer or agent of the City, or a member of London Police Services. The person exercising the power of entry must on request display or produce proper identification. The person exercising the power of entry may be accompanied by a person under his or her direction.
(4) The City may recover the costs of extinguishing the fire from the person directed to extinguish the fire by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. The costs include interest calculated at a rate of fifteen percent (15%), calculated for the period commencing on the day the municipality incurs the costs and ending on the day the costs, including interest are paid in full. The amount of the costs, including interest, constitutes a lien on the land upon the registration of a notice of lien in the Land Registry Office.
8.1 An Officer, and anyone under the Officer’s direction, may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether this By-law, an Order to Discontinue Activity, an Order to Extinguish, or an order under section 431 of the Municipal Act, 2001 is being complied with.
8.2 For the purposes of an inspection, the Officer may:
8.3 A receipt shall be provided for any document or thing removed under clause 8.2(b) and the document or thing shall be promptly returned after the copies or extracts are made.
8.4 A person exercising a power of entry shall not enter or remain in any room or place actually being used as a dwelling unless the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused, and if refused, may only be made under the authority of an order issued under section 438 of the Municipal Act, 2001, a warrant issued under section 439 of the Municipal Act, 2001, or a warrant under section 386.3 of the Municipal Act, 2001.
8.5 The following conditions apply to a power of entry during an inspection:
8.6 (1) Where the Officer determines that an Open Air Burning is not in compliance with this by-law or with an Order, the fee or charge set out in the applicable Fees and Charges By-law for inspecting the Open Air Burning may be imposed on the Owner, person responsible for the Open Air Burning, or Permit Holder.
(2) The fees imposed constitute a debt of the person to the City. The City Treasurer may add fees to the tax roll and collect them in the same manner as municipal taxes on any property for which all the owners are responsible for paying the fees.
9.1 No person shall set or maintain Open Air Burning, or permit Open Air Burning to be set or maintained, contrary to any provision of this by-law.
9.2 No person shall contravene any conditions of a Permit issued under this by-law.
9.3 No person shall contravene any conditions of setting or maintaining an Open Air Burning under this by-law.
9.4 No person shall contravene an Order to Discontinue Activity.
9.5 No person shall contravene an Order to Extinguish.
10.1 Any person who contravenes any provision of this by-law is guilty of an offence and:
10.2 Despite section 10.1, where the person convicted is a corporation, the corporation is liable,
10.3 If this by-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order,
11.1 This By-law may be referred to as the Open Air Burning By-law.
11.2 (1) The Corporation of the City of London By-law F-5, as amended, is repealed on the day this by-law comes into force and effect.
(2) Any penalty incurred, any investigation, legal proceeding or remedy under By-law F-5, as amended, may be continued to be enforced as if By-law F-5, as amended, had not been repealed.
11.3 This by-law comes into force and effect on May 14, 2007.
PASSED in Open Council on May 14, 2007.
Anne Marie DeCicco-Best
First Reading – May 14, 2007
Second Reading – May 14, 2007
Third Reading – May 14, 2007
|By-Law No.||Date Passed at Council|
|F-7||May 14, 2007|