Open Air Burning

Burn Permit Types, Fees and Expiry

*Expiry of Permit subject to the provisions listed in paragraph 9.7 of BL-011-2020

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

• NOTE: during a fire ban a cooking appliances, BBQ or Hibachis (charcoal installation) may be used, provided the appliance is used within 100 metres of a permanent structure that is used as a dwelling that is occupied, or in an organized campground. Appliances must be at least 2 metres from any flammable material and the ashes and coals produced are completely extinguished and safely disposed of.

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.

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;

• Between April 1 and October 31, the fire is set no earlier than 7:00 p.m., and is extinguished no later than 7:00 a.m.
• The fire is contained in a fire pit which does not exceed more than one metre (3.28 ft.) in diameter and;
• The flame height does not exceed one metre (3.3 ft.) in height
• the fire is at least 3 metres (9.8 ft.) from any building, structure, hedge, fence, vehicular roadway of any kind or nature, overhead wiring or any property line, or any object or material with potential to ignite; unless otherwise approved by the Fire Chief or within a site of a permitted campground;
• The fire is attended, controlled and supervised at all times;
• Steps are taken to ensure that smoke caused by the fire does not have an adverse affect on the visibility of motorists using roads in the vicinity of the burn;
• The owner or authorized agent takes steps to ensure that adjacent properties are protected and that the by-products of the fire do not have a negative impact on persons, pets or the environment;
• The fire is not occurring on any road allowance or municipal property without written permission of the Township;
• An effective means of extinguishment (e.g. garden hose, fire extinguisher and shovel) sufficient for the size of fire and with the capability to perform such extinguishment is immediately available for use;
• The fire is conducted in such a manner as to preclude the escape of fire or the escape of combustible solids such as sparks and ash from the fire;
• The only materials being burned are those listed in Schedule 'A', forming part of this By-law; and
• The fire is completely extinguished before the site is vacated.

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;

• The fire proposed to take place on land that is not zoned for residential use.
• The fire is contained and does not exceed more than two metres (6.5 ft.) in diameter and two metres (6.6 ft.) in height
• The fire is at least 5 metres (16.4 ft.) from any building, structure, hedge, fence, vehicular roadway of any kind or nature, overhead wiring or any property line, or any object or material with potential to ignite; unless otherwise approved by the Fire Chief or within a site of a permitted campground;
• The fire is attended, controlled and supervised by a responsible person at all times;
• The fire is not occurring on any road allowance or municipal property without written permission of the Township and Steps are taken to ensure that smoke caused by the fire does not have an adverse effect on the visibility of motorists using roads in the vicinity of the burn;
• The Owner or authorized agent takes steps to ensure that adjacent properties are protected and that the by-products of the fire do not have a negative impact on persons, pets or the environment;
• A sufficient means of extinguishment (e.g. garden hose, fire extinguisher and shovel) sufficient for the size of fire and with the capability to perform such extinguishment is immediately available for use;
• The fire is conducted in such a manner as to preclude the escape of fire or the escape of combustible solids such as sparks and ash from the fire;
• The only materials being burned are those listed in Schedule 'A', attached hereto and forming part of this By-law; and,
• The ability to contact the Township or Fire & Emergency Services is immediately available.
• The fire is completely extinguished before the site is vacated.

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.

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 is located on land designated for Residential use in the Township Zoning By-law;
• only materials as set out in Schedule 'A', attached hereto and forming part of this By-law, are burned;
• the fire is attended, controlled and supervised by a responsible person at all times;
• the fire is completely extinguished before the burn site is vacated;
• the fire is confined to an area located at least 5 metres (16.4 feet) from any building, structure, hedge, fence, vehicular roadway of any kind or nature, overhead wiring, or any property line or any object or material with potential to ignite;
• steps are taken to ensure that smoke caused by the fire does not adversely affect the visibility of motorists using roads in the vicinity of the burn;
• No piles to be burned shall be greater than 2 metres (6.6 ft.) high and 2 metres (6.6 ft.) in diameter. Piles must be separated by a minimum of 10 metres (32.8 ft.)
• A fire for the purpose of burning grass and/or leaves must not exceed an area of 0.5 hectare (70.75 metres x 70.75 metres), must not have a flame edge exceeding 20 metres (65.6 feet) across, and must not have a flame height exceeding 1 metre (3.3 feet). Notwithstanding the provisions of Clause 7.1(h)., burning of leaves or grass may be done as long as the soil conditions and ground moisture content are not conducive to sub surface fires, in accordance with Sub-section 3.9.
• Steps are taken to ensure that the adjacent properties are protected and that by-products of the fire do not have a negative impact on persons, pets or the environment;
• The burn is conducted in such a manner to prevent the escape of the fire or the escape of combustible solids such as sparks and ash from the fire;
• An effective means of extinguishment (e.g. garden hose, fire extinguisher and shovel) sufficient for the size of fire and with the capability to perform such extinguishment;
• The fire is not located on any road allowance or municipal property without the written permission of the Township, unless such burning is being conducted by authorized employees of the Township of Wainfleet or is for the purpose of clearing the Township drainage ditches;
• Ability to contact the Township or Fire & Emergency Services is immediately available.
• The holder of a burning permit issued pursuant to this section is required to notify the Township Fire Department at the telephone number specified on the permit on each and every day that they intend to burn and before any burning commences.

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.

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 is located on land designated for Agricultural use in the Township zoning By-law;
• only materials as set out in Schedule 'A', forming part of this By-law, are burned;
• the fire is attended, controlled and supervised at all times;
• the fire is completely extinguished before the burn site is vacated;
• the fire is confined to an area at least 5 metres (16.5 ft.) from any building, structure, hedge, fence, vehicular roadway of any kind or nature, overhead wiring, or any property line or any object or material with potential to ignite;
• steps are taken to ensure that smoke caused by the fire does not adversely affect the visibility of motorists using roads in the vicinity of the burn;
• No piles to be burned shall be greater than 3 metres (9.84 ft.) high and 10 metres (32.81 feet) in diameter. No more than 2 piles may be burning at one time. Piles must be separated by a minimum of 10 metres (32.5 ft.)
• A fire for the purpose of burning grass and/or leaves must not exceed an area of 0.5 hectare (70.75 metres x 70.75 metres), must not have a flame edge exceeding 20 metres (65 ft.) across, and must not have a flame height exceeding 1 metre (3.25 feet). Notwithstanding, the provisions of Clause 8.1(h)., burning of leaves or grass may be done so long as the soil conditions and ground moisture content are not conducive to sub surface fires, in accordance with Sub-section 3.9.
• Steps are taken to ensure that the adjacent properties are protected and that by-products of the fire do not have a negative impact on persons, pets or the environment;
• The burn is conducted in such a manner to prevent the escape of the fire or the escape of combustible solids such as sparks and ash from the fire;
• An effective means of extinguishment (e.g. garden hose, fire extinguisher and shovel) sufficient for the size of fire and with the capability to perform such extinguishment;
• The fire is not located on any road allowance or municipal property without the written permission of the Township, unless such burning is being conducted by authorized employees of the Township of Wainfleet or is for the purpose of clearing the Township drainage ditches;
• Ability to contact the Township or Fire & Emergency Services is immediately available.
• The holder of a burning permit issued pursuant to this section is required to notify the Township Fire Department at the telephone number specified on the permit on each and every day that they intend to burn and before any burning commences.

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.

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.

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 results of an on-site inspection;
• the size of the proposed fire;
• the safety measures proposed;
• the supervision arrangements proposed;
• the time of year and the time of day;
• the type of special event;
• the materials to be burned;
• the anticipated weather conditions; and
• any other relevant considerations.

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).

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:

• It is a confined fire that is contained entirely within a fixed or portable grill, barbecue or spit designed for cooking food or an approved alternative;
• Commensurate with the type and quantity of food being cooked
• The fire is supervised at all times by a responsible person;
• A means of controlling and extinguishing the fire, sufficient for the size of the fire, is present at all times;
• The responsible person ensures the fire is made safe (fully extinguished) once the cooking is completed;
• No material other than commercially produced charcoal, briquettes or clean, dry seasoned wood may be burned;
• The grill, barbecue or spit is located no closer than 3 metres from any structure or property line or any combustible material that may contribute to fire spread such as a fence, hedge, and plantings and is not operated in such a manner as to create a fire hazard.

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 Materials

The following is a list of Acceptable Material for burning under this By-law.

• Wood and wood by-products that have not been chemically treated, painted or stained.
• Paper and paper products.
• Cardboard
• Brush
• Tree stumps
• Hay, straw and dry grass (non-baled)
• Yard wastes such as twigs and leaves
• Other combustible materials only with the specific approval from the Fire Chief

Prohibited Materials

The following is a list of Prohibited Materials that are not to be burned:

• Garbage, trash, and residential, commercial, or industrial waste;
• Construction or demolition waste materials including asphalt products, shingles, metals, electrical wiring, and fiberglass;
• Hazardous substances including chemicals, pesticides, flammable liquids, batteries, used oil, paints, solvents, tires, and rubber materials;
• Plastic materials including, but not Limited to; Nylon, PVC or ABS plastics, Polystyrene, Urethane foam, Synthetic fabrics, Plastic films, and Plastic containers;
• Furniture, Appliances and Upholstered items;
• Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives;
• Animal fecal deposits, manure, and animal carcasses;

Open Air Burning Short Form Wording and Administrative Monetary 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.