THE CORPORATION OF THE TOWNSHIP OF NIPISSING

BY-LAW NUMBER 1102

Being a By-Law to regulate open fires in the Township of Nipissing.

WHEREAS the Municipal Act, R.S.O. 1990, as amended and the Fire Protection and Prevention Act, Chapter 4, S.O. 1997, provides that Councils of Municipalities may pass by-laws for prescribing the times that fires may be set in the open air and the precautions to be observed by persons setting out fires.

NOW THEREFORE the Council of the Corporation of the Township of Nipissing ENACTS AS FOLLOWS:

1) No person shall set out or cause to be set out any open air fire without a permit approved by the Township of Nipissing Fire Chief or designate.

2) The Fire Chief or designate may refuse approval of open fires in any zone.

3) Fire permits may be issued up to a maximum three day period.

4) Fire permits will be required from April 1 to October 31.

5) An seasonal permit for an incinerator may be obtained from the Fire Chief.

6) A designate approved by the Fire Chief and appointed by Council also includes an Issuing Officer for the purpose of issuing a permit.

7) Any open air burning permit may be cancelled by the Fire Chief , designate or the Ministry of Natural Resources.

8) No person may continue to burn an open fire after a permit has been cancelled.

9) No person shall burn petroleum products, plastics, rubber or anything that results in smoke, which in the opinion of the Fire Chief, is excessive.

10) No person shall set a fire within 30 metres of a building.

11) No person shall burn in excess of two cubic metres of material at one time.

12) No person shall, having set a fire, leave the fire unattended.

13) No person shall burn in such a manner that the smoke creates, in the opinion of the Fire Chief , a nuisance, or a hazard for motorists and residents.

14) This by-law shall not apply to any small, confined fire, supervised at all times, and used to cook food on a grill or a barbeque.

15) Any person who contravenes any of the provisions of this by-law shall upon conviction, forfeit and pay a penalty not exceeding two thousand dollars exclusive of costs, for each offence and the penalty shall be recoverable pursuant to the Provincial Offences Act.

16) Should any part of this by-law be declared by court of competent jurisdiction to be ultra vires, the remaining parts will nevertheless remain valid and binding and shall be read as if the offending section had been struck out.

17) In this by-law, unless the context requires otherwise, words importing the singular shall include the plural and words importing the masculine gender shall include the feminine.

18) All persons setting an open fire in the Township of Nipissing shall:

a) be responsible for any damage to property or injury to persons occasioned by the said fire;

b) be liable for costs incurred by the fire department, including personnel, equipment and apparatus necessary and called in to extinguish the said fire.

19) A person who has obtained a fire permit shall ensure that the means of extinguishing the fire designated on the permit form is available at the site at all times during the fire.

20) Permits are required during the period April 1 to October 31.

21) By-law 923 is hereby repealed.

READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 21st day of December, 2004.

THE CORPORATION OF THE TOWNSHIP
OF NIPISSING

______________________________________
Mayor

______________________________________
Clerk

THE CORPORATION OF THE TOWNSHIP OF NIPISSING

FIRE PERMIT NO. ______

BY-LAW NO. 1102

FIRE EMERGENCY NUMBER 911

___________________________________________ _____________________________
Name Telephone

_____________________________________________________________________________
Postal Address Lot and Concession or 911 civic address

____________________________________ ___________________________________
Purpose of fire Date: From to inclusive

subject to the following terms and conditions:

1. The permittee shall keep the permit at the site of the burning operation conducted under the permit.

2. The person in charge of the burning operation conducted under the permit shall produce and show the permit to any officer whenever requested by that officer.

3. Day burning is not permitted, between 6:00 a.m. and 6:00 p.m. local time, on any day.

4. The amount to be burned at any one time shall not exceed 0.8 hectares of grass.

5. The amount of brush to be burned shall not exceed 2 cubic metres. Must keep at least 30 metres from buildings.

6. The permittee shall have at the location of the fire sufficient persons and firefighting equipment in serviceable condition.

7. _____________________________________________________________________
Other conditions.

8. The permittee agrees to the Indemnity set forth below on this permit.

Date of issue: __________________________________

____________________________________ ___________________________________
Signature of issuing officer Signature of permittee

FINE: Every person guilty of an offence against this by-law, upon conviction, therefore shall be subject to a fine of not more than two thousand ($2,000.00) dollars exclusive of costs.

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INDEMNITY

In consideration of the Corporation of the Township of Nipissing issuing a permit for an open air fire, I, ________________________________________________ undertake to indemnify the Corporation of the Township of Nipissing against any liability incurred by it for any costs or expenses in controlling or extinguishing the fire contemplated by this permit and against all losses, costs, charges and expenses which the Corporation of the Township of Nipissing may incur in consequences thereof.

Signed at the Township of Nipissing this ___________ day of _______________________________.

_____________________________________
Signature of Permittee Regulations for Burning

Fire season April 1 to October 31 subject to extension.

A fire permit is required before starting a fire outdoors during the fire season. Fires for cooking or warmth is excepted.

A fire permit may be cancelled by an officer at any time.

A permittee who does not comply with the conditions of this permit is liable to prosecution under the FIRE CODE.

No person shall operate an outdoor incinerator,

a) that is an unenclosed device;
b) constructed, in whole or in part, of combustible material;
c) unless the outlet is covered with a heavy duty screen having a mesh size not greater than 5 millimetres;
d) that is situate less than 5 metres from a forest or woodland;
e) unless it is situate on bare rock or bare mineral soil; and
f) unless an area of at least 2 metres in width immediately surrounding the incinerator is bare rock or bare mineral soil.

Every person who starts or causes to be started a fire out of doors shall,

a) take all reasonable steps to keep the fire under control;
b) ensure that a responsible person tends the fire;
c) where the fire is started under a fire permit, extinguish the fire on or before the expiration of the permit; and
d) extinguish the fire before quitting the site of the fire.

Safe burning tips

1. Burn at a safe time, evenings is bests, never on dry or windy days.
2. Keep your burning job small enough that you keep it under control at all times.
3. Never leave a fire until it is dead out.

Environmental Protection Act

This permit does not cover any requirements under the Environmental Protection Act.

Personal information contained on this form is collected under the authority of the Municipal Act, R.S.O. 1990, Section 210 and will be used for the purpose of identification, enforcement or administration. Questions should be directed to the Township Fire Department, whose telephone number appears in the Ontario Municipal Governments Telephone Director (blue pages).