Open Air Burning
The Township of Wainfleet regulates Open Air Fires through By-law BL011-2020.
Burn permits are required for controlled open air burning. There are four types of Burn Permits available; Residential, Agricultural, Commercial, and Special Event. Applications can be completed online and by visiting the Township Office located at 31940 Highway 3, Wainfleet Monday to Friday between 8:30 a.m. to 4:30 p.m.
Wainfleet residents wanting to purchase a burning permit online can go to https://wfes.burnpermits.com/ where they can create an account, apply for a permit, and pay online.
Residents requiring assistance with the online application process can review the Burn Permits Resident Guide or call 905-899-3463 and Township staff will be happy to create an account for you and apply for a permit. You will still have to arrange for payment through on the online payment system before the permit will be issued.
A site inspection may be required prior to receiving approval for a permit. The applicant will be notified when the permit is approved. Payments can be made online or at the Township Office. Inquires can be sent to burnpermits@wainfleet.ca or 905-899-3463 ext. 249.
BURN PERMIT TYPES, FEES & EXPIRY |
|||||||||||||||
*Expiry of Permit subject to the provisions listed in paragraph 9.7 of BL-011-2020 |
PROHIBITED FIRES |
3. PROHIBITION 3.1 No person shall set or maintain or cause or permit an Open Air Fire within the boundaries of the Township unless approved by the Fire Chief. 3.2 No person shall set or maintain or cause or permit an Open Air Burning contrary to the conditions set out in this By-law or a permit issued pursuant to this By-law. 3.3 No person shall set or maintain or cause or permit an Open Air Burning within the boundaries of the Township unless they are the owner or authorized agent (written proof of authorization required) of the property owner. 3.4 No person shall burn any material restricted by the Ministry of the Environment including but not limited to rubber, plastics, foam, treated wood, or any material which could cause toxic or noxious gasses, as listed in Schedule ‘A' of this By-law. 3.5 No person shall set or maintain or cause or permit an Open Air Fire where it may cause nuisance, inconvenience, irritation or detriment to any other person or property. 3.6 No person shall set or maintain or cause or permit an Open Air Fire directly under or near any telecommunications or power lines. 3.7 No person shall set or maintain or cause or permit an Open Air Fire on or near roadways, which could interfere with traffic. 3.8 No person shall set or maintain or cause or permit an Open Air Fire on Municipal Property or on any road allowances. 3.9 No person shall start a fire outdoors without ensuring that: a. The appropriate conditions (weather and ground) are safe and suitable for said fire.
b. There are responsible persons competent to control the fire in attendance from start to extinguishment.
c. There are no Fire Bans in place at the time.
d. The rules and regulations of this By-law are followed.
e. There are adequate personnel, equipment, and water available to control and extinguish said fire.
f. The ability to contact the Township or Fire & Emergency Services is immediately available.
g. The fire is on bare mineral soil or rock and is at least 3 metres (9.75 ft.) from any flammable material.
3.10 No person within the Township of Wainfleet shall ignite or release an ignited Flying Lantern. 3.11 Any person who ignites or releases an ignited Flying Lantern and causes a Fire in the Township of Wainfleet shall be deemed to be fully responsible for fire control and shall: a. be responsible for any damage to property or injury to persons or animals occasioned by said Fire;
b. be liable for all costs incurred by the Fire Service/Department responding to the Fire, including the costs of the personnel and equipment as authorized and set out in the Township of Wainfleet Fees and Charges By-law in effect at the time of the incident.
3.12 The Fire Chief or designate may, at their discretion, declare a Ban that will prohibit or restrict any or all Open Air Burning or all outdoor Fires depending on weather conditions. See definition of Fire Ban
3.13 A Ban on Open Air Fires declared by the Fire Chief shall cause all issued Open Air Permits to be suspended while the Ban is in effect. 3.14 The Fire Chief shall ensure declaration and revocation of any Ban is communicated and notice is posted on the Township Website 3.15 Nothing in this By-law shall be construed as permitting the operation of an incinerator. |
RECREATIONAL FIRES – NO PERMIT REQUIRED |
5.0 RECREATIONAL BURNING (CAMPFIRES) Open air burning for recreational purposes, except at a public event, is deemed to be approved by the Fire Chief if all conditions set out in Section 4 have been met, as well as;
|
SPECIAL EVENTS BURN PERMITS |
6.0 SPECIAL/PUBLIC EVENTS Open air burning for the purposes of a public event, and deemed to be approved by the Fire Chief, provided that all conditions set out in Sub-Section 3.9 and Section 4 have been met, as well as;
Notification must be made to the Township of the Special/Public Event Fire five business days prior to the Special/Public Event. The Fire Chief or their designate may require or conduct a site inspection prior to the Special/Public Event. Burn Permits issued under this section are for Single Events only shall expire on the date listed on the permit. Despite section 6.4, the Fire Chief may issue an Open Air Fire permit that is valid for up to one calendar year to a community organization or institution set to and maintain an open Air Fire at the same location on more than one occasion. |
RESIDENTIAL BURN PERMITS |
7.0 RESIDENTIAL BURN PERMITS 7.1 Open air burning on lands zoned Residential, not meeting the requirements of Sections 5, 6, 8 or 9 of this by-law, shall require an application to the Township for an annual permit. Such application shall be made as required by the Fire Chief, and requires a minimum of twenty-four (24) hours advance notice. Permits shall be issued at the sole discretion of the Fire Chief or designate provided that all conditions set out in Sub-section 3.9 and Section 4 have been met, as well as:
The Fire Chief or their designate may require or conduct a site inspection prior to the issuance of a Burn Permit. Any Burn Permit issued under this section shall expire December 31st of the year it was issued. Permits shall be subject to provisions as set out in Section 10 of this By-law. |
AGRICULTURAL BURN PERMITS |
8.0 AGRICULTURAL BURN PERMITS Open air burning on lands zoned Agricultural, not meeting the requirements of Sections 4, 5, 6, 7 or 9 of this by-law shall require an application to the Township for an annual permit. Such application shall be made as required by the Fire Chief, and requires a minimum of twenty-four (24) hours advance notice. Permits shall be issued at the sole discretion of the Fire Chief or designate provided that all conditions set out in Section 4 have been met, as well as;
The Fire Chief or their designate may require or conduct a site inspection prior to the issuance of a Burn Permit. Any Burn Permit issued under this section shall expire December 31st of the year it was issued. Permits shall be subject to provisions as set out in Section 10 of this By-law. |
COMMERCIAL, INDUSTRIAL, INSTITUTIONAL BURN PERMITS |
9.0 COMMERCIAL, INDUSTRIAL, INSTITUTIONAL BURNING Open air burning on lands zoned commercial, industrial or institutional that do not meet the requirements of Section 4 are not permitted; except under the authority of and in compliance with a (Commercial Ignition Authority) permit issued pursuant to this section. Qualified Commercial Operators or Contractors may conduct open air burning on lands zoned Residential that do not meet the requirements of Sections 5 and 7 under the authority of and in compliance with a (Commercial Ignition Authority) permit issued pursuant to this section. Qualified Commercial Operators or Contractors may conduct open air burning on lands zoned Agricultural that do not meet the requirements of Sections 8 under the authority of and in compliance with a (Commercial Ignition Authority) permit issued pursuant to this section. Permits shall be issued at the sole discretion of the Fire Chief or designate provided that all conditions set out in Section 3 have been met, as well as; Commercial operators and Contractors will be required to provide proof Liability Insurance. The holder of a burning permit issued pursuant to this section is required to notify the Township at the telephone number specified on the permit on each and every day that they intend to burn and before any burning commences, and again when the fire is extinguished. The Fire Chief or their designate may require or conduct a site inspection prior to the issuance of a Burn Permit Any permit issued under this section shall expire sixty (60) calendar days after it was issued. The Fire Chief or designate, may shorten or extend the permit period if required. |
GENERAL PERMIT PROVISIONS |
10.0 GENERAL PERMIT PROVISIONS The application and permit shall be in the form as set out by the Fire Chief. Each permit application must be accompanied by the applicable fee as set out in the Township of Wainfleet's current Fees and Charges By-law. Permits are issued at the discretion of the Fire Chief. Prior to granting a permit to conduct open air burning, the Fire Chief may give consideration to:
The Fire Chief may attach such conditions as deemed appropriate to any permit granted for open air burning. The holder of the burning permit shall keep the permit or a copy of the permit at the burning site specified in the permit. No person, being the holder of a burning permit, shall fail to produce the permit or a copy of the permit on the demand of an Officer. Any permit holder who is in violation of this By-law shall have their permit summarily revoked and all fires shall be immediately extinguished. Despite the existence of a valid burning permit, the Fire Chief may suspend, without recourse, any and all burning permits and cause to be extinguished any fire until such conditions as the Fire Chief may indicate are met. The Fire Chief may refuse to approve or issue a permit for an open air burning if the proposed open air burning would be in contravention of this By-law; if the owner, occupant or permit holder has, in the past, contravened the provisions of this By-law or has not complied with any conditions attached to a permit issued pursuant to this By-law. The Fire Chief may withdraw a permit for an open air burning if, in the Fire Chief's opinion, the fire is causing a negative impact, smoke produced by the fire is causing visibility concerns on roads in the area of the burn, the weather has deteriorated or conditions have become unfavorable for an open air burning, conditions attached to the granting of a permit are not being adhered to or any provision of this By-law is being contravened. Open air burning conducted under S. 20 of the Marihuana for Medical Purposes Regulations (Health Canada) shall be governed by those regulations and must provide that there will be no negative impact on community safety and/or neighbouring properties. The determination of negative impact will be at the sole discretion of the Fire Chief (or designate). |
EXEMPTIONS |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4.0 EXEMPTIONS The Wainfleet Fire & Emergency Services shall be exempt from the provisions of this By-law with respect to open air burnings for the purposes of educating and training individuals. Any Open Air Fires under the direct and constant supervision of employees of the Township of Wainfleet during the execution of their job-related duties shall be exempt from the provisions of this By-law subject to notification to the Wainfleet Fire & Emergency Services. A person may set or maintain, or cause or permit to be set or maintained an Open Air Fire without being approved if the fire is to be used for the sole purpose of cooking, provided that:
Open air fires may be considered exempt from the provisions of this By-law, if they involve patio torches and candles provided such devices are not operated in or near dry vegetation, and such devices are not operated in any other place conducive to the development or the spread of fire or explosion. Open air fires may be considered exempt from the provisions of this By-law, if they involve a fire that is confined within a gas fired appliance (natural gas or propane) that is in conformance with the Technical Standards and Safety Act, 2000, is for outdoor use, and is installed and used in accordance with the manufacturer's instructions. Open Air Fires exempted in Sections 4.1 through 4.5 shall not be set or maintained or caused or permitted on a porch, balcony, roof, or veranda that is attached to or part of a Multi-Unit Residential Building and are therefore prohibited, unless otherwise approved. Open air fires may be considered exempt from the provisions of this By-law, if they involve an appliance of a portable nature which requires an open flame for the heating of a material during a construction or maintenance process provided such appliance is safe to operate, such appliance is not operated in such a manner as to create a fire hazard, and that the fire is attended at all times by a responsible person to supervise it. |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
ACCEPTABLE AND PROHIBITED MATERIALS |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
PENALTIES |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
NOTE: The fees and charges as listed in this Schedule of this by-law may be subject to Harmonized Sales Tax (H.S.T) where applicable. |