HomeMy Public PortalAboutOutdoor Burning By-Law No. 142_Effective 2022-02-09
Municipality of the District of Chester
Outdoor Fire By-Law
By-Law No. 142
Amended – Effective Date: February 9, 2022
OUTDOOR BURNING BY-LAW NO. 142 PAGE 2 OF 11
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Notice at Committee – Committee of the Whole – June 17, 2021
First Reading – Council – December 9, 2021 (2021-463)
Second Reading – Council – January 27, 2022 (2022-019)
Effective Date – February 9, 2022
MUNICIPALITY OF THE DISTRICT OF CHESTER
BY-LAW # 142
OUTDOOR FIRE BY-LAW
1. AUTHORITY and PURPOSE
1.1 Section 172 (a), (b), and (d) of the Municipal Government Act provides Municipalities with
the power to make bylaws respecting the health, well-being, safety and protection of
persons, the safety and protection of property, and activities that may cause nuisances
including burning, odours, and fumes.
1.2 This By-law shall be known as the Outdoor Fire By-law and is intended to control hazards and
nuisances to the public associated with outdoor fires.
2. INTERPRETATION
In this By-Law:
2.1 "Acceptable Outdoor Burning Pit" means an outdoor receptacle open to the sky that;
(a) is designed to contain fire and prevent it from spreading,
(b) is constructed on all sides including the bottom from natural stone, bricks, block,
concrete, heavy gauge metal (min. 4 mm thickness), or other suitable non-
combustible components, and is no more than 1 meter in any dimension,
and
(c) has a spark arrestor or metal mesh screen no larger than 1.25 cm of opening
covering the complete opening to contain sparks or blowing debris.
2.2 “Acceptable Outdoor Propane Fireplace” means a commercially manufactured fire pit or
fireplace fueled by natural gas, liquified petroleum gas or bio ethanol intended for
recreational outdoor fires and having CSA, ULC or equivalent approval under the
requirements of the Nova Scotia Fuel Safety Regulations.
2.3 “Acceptable Outdoor Wood Burning Appliance” means a Chimenea or other similar
commercially manufactured recreational outdoor wood burning appliance that;
(a) is constructed from a suitable fire-resistant material and has a firebox intended
for burning small quantities of wood or charcoal,
and
OUTDOOR BURNING BY-LAW NO. 142 PAGE 3 OF 11
_________________________________________________________________________________________________
Notice at Committee – Committee of the Whole – June 17, 2021
First Reading – Council – December 9, 2021 (2021-463)
Second Reading – Council – January 27, 2022 (2022-019)
Effective Date – February 9, 2022
(b) has a spark arrestor or metal mesh screen no larger than 1.25 cm of opening
covering the complete opening to contain any sparks or blowing debris.
2.4 “Chester Outer Fire Control Area” means that area of the Municipality indicated on the Map
as Chester Outer Fire Control Area attached as Schedule B.
2.5 "Council" means the Council for the Municipality of the District of Chester.
2.6 "Emergency Management Organization" means the Regional Emergency Management
Organization (REMO) as established for the County of Lunenburg.
2.7 "Fire Chief" means the Fire Chief for a fire department registered with the Municipality.
2.8 "Garden and Yard Waste" means any shrubbery, tree prunings, leaves, brush, weeds, roots,
tree stumps, grass, root mat, turf and similar vegetation debris resulting from property
development and/or general maintenance.
2.9 "Hazard" means a risk of fire or damage which may be caused by Outdoor Burning, and which
may adversely affect property and/or persons as determined by the Municipality or Fire
Chief.
2.10 "Municipality" means the Municipality of the District of Chester.
2.11 “Nuisance" means the causing of quantities of smoke or other emission from Outdoor
Burning that may cause discomfort, injury or otherwise adversely or unreasonably affect the
enjoyment by other persons of their property as determined by the Municipality.
2.12 “Open Air Fire” means any fire located anywhere on a property which is not contained within
an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Wood Burning Appliance, or an
Acceptable Outdoor Propane Fireplace.
2.13 “Outdoor Burning” means any combustion, whether or not fire is present or visible, located
any place on property including inside any appliance that is not fully enclosed by a building
or structure. Fire contained within a Portable Barbecuing Appliance is not defined as Outdoor
Burning.
2.14 "Outdoor Furnace" means an outdoor wood burning appliance used for the space heating of
buildings, the heating of water or other similar purposes.
2.15 “Portable Barbecuing Appliance" means an appliance sold or constructed for the purpose of
cooking food outdoors, normally fueled by liquefied petroleum gas, natural gas, compressed
briquettes or charcoal and having CSA, ULC or equivalent approval.
OUTDOOR BURNING BY-LAW NO. 142 PAGE 4 OF 11
_________________________________________________________________________________________________
Notice at Committee – Committee of the Whole – June 17, 2021
First Reading – Council – December 9, 2021 (2021-463)
Second Reading – Council – January 27, 2022 (2022-019)
Effective Date – February 9, 2022
2.16 “Prohibited Materials” means domestic or commercial garbage or waste, household
hazardous waste, construction and demolition debris, plastics, paint, treated lumber, railway
ties, manure, rubber, asphalt, asphalt products, fuel and lubricant containers, biomedical
waste, tires, or other materials that are required to be recycled or disposed of in accordance
with current waste management practices established by the Municipality.
2.17 “Property" means for the purpose of the By-Law, a parcel of land owned by a person, or two
or more contiguous parcels of land owned by the same person.
2.18 “Owner” means a person who owns, manages, possesses, or controls, or directs activity
carried out on land or premises and includes a person shown on the Assessment Roll for the
Municipality as the assessed owner or occupant of the land or premises.
2.19 “Solid fuel” means dry seasoned hard or soft wood, charcoal, mechanically processed fiber
wood, pelletized wood, and wood chips.
2.20 “Suitable fire protection equipment” means tools and equipment useful in extinguishing fires
and preventing the spread of fires including but not limited to fire extinguishers, water
containers, portable pumps and water tanks and hoses attached to an adequate water
supply.
2.21 ” Chester Village Fire Control Area" means that area of the Municipality indicated on the Map
as Chester Village Fire Control Area attached as Schedule B.
3. PROHIBITITED BURNING
3.1 On any lands within the Municipality no person shall be permitted to have Outdoor Burning
that:
(a) contains Prohibited Materials,
(b) creates a Nuisance or Hazard,
(c) is not in compliance with any conditions and/or restrictions imposed by the
Department of Lands and Forestry, or Provincial Government including any
burning restrictions or burn bans,
(d) is not in compliance with applicable Federal and Provincial laws and regulations,
(e) is intended for the purpose of demolition of any building or structure without the
written consent of the Minister of Environment of Nova Scotia and in accordance
OUTDOOR BURNING BY-LAW NO. 142 PAGE 5 OF 11
_________________________________________________________________________________________________
Notice at Committee – Committee of the Whole – June 17, 2021
First Reading – Council – December 9, 2021 (2021-463)
Second Reading – Council – January 27, 2022 (2022-019)
Effective Date – February 9, 2022
with Air Quality guidelines and without first obtaining written permission of the
local Fire Chief,
(f) is not attended by an adult responsible for the fire, minimum 19 years old, and
present on the property while the fire is burning and until the fire is extinguished,
(g) is not provided with suitable fire protection equipment within reasonable
distance from where the fire is located and there is the ability to contact the local
fire services immediately if the fire is or appears to be getting out of control.
4. CHESTER OUTER FIRE CONTROL AREA
4.1 On any land within the Chester Outer Fire Control Area, persons shall be permitted to have
an Open-Air Fire or Outdoor Burning that burns Solid fuel provided that:
(a) the fire does not exceed the size of 1 meter in diameter,
(b) the fire is located no closer than 4.5 meters from any building, combustible
structure, combustible materials, or bordering property line.
4.2 On any land within the Chester Outer Fire Control Area, persons shall be permitted to operate
an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Wood Burning Appliance, or an
Acceptable Outdoor Propane Fireplace, on a wooden deck, provided:
(a) it is positioned on a CSA approved fire-proof pad which extends 0.5 meters from
the door opening and at least 0.2 meters on all sides,
(b) is 2 meters from the building and 1 meter from any combustible surface not
appropriately protected by a CSA approved fire proofing material and,
(c) is operated to meet the stricter standard between this By-law and the
manufacturer’s instructions for the appliance.
4.3 On any land within the Chester Outer Fire Control Area, persons shall be permitted to have
Open-Air Fires or Outdoor Burning for removing or burning of Garden and Yard Waste
provided:
(a) the fire does not exceed the size of 3 meters in diameter and 2 meters in height,
(b) the fire is located no closer than 4.5 meters from any building, shed, garage, out
building, trees or other combustibles and no closer than 9 meters from the
bordering property line,
and
OUTDOOR BURNING BY-LAW NO. 142 PAGE 6 OF 11
_________________________________________________________________________________________________
Notice at Committee – Committee of the Whole – June 17, 2021
First Reading – Council – December 9, 2021 (2021-463)
Second Reading – Council – January 27, 2022 (2022-019)
Effective Date – February 9, 2022
(c) only one fire is burned on the property at one time.
5. CHESTER VILLAGE FIRE CONTROL AREA
5.1. On any land within the Chester Village Fire Control Area, no person shall be permitted to
operate an Outdoor Furnace,
5.2. On any land within the Chester Village Fire Control Area, persons shall be permitted to have
Outdoor Burning in an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Burning
Appliance, or an Outdoor Propane Fireplace, provided that:
(a) only Solid fuel is burned in an Acceptable Outdoor Burning Pit or an Acceptable
Outdoor Wood Burning Appliance,
(b) the appropriate fuel is used in an Acceptable Outdoor Propane Fireplace, and it
is operated in accordance with manufacturer’s instructions.
(c) the Acceptable Outdoor Burning Pit, Acceptable Outdoor Wood Burning
Appliance, or Acceptable Outdoor Propane Fireplace is located a minimum of 3
meters from any building, combustible structure, combustible materials, or
bordering property line.
5.3 On any land within the Chester Village Fire Control Area, persons shall be permitted to have
an Open-Air Fire provided that:
(a) only Solid fuel is used,
(b) it does not exceed 0.75 m in diameter,
(c) is located a minimum of 3 meters from any building, combustible structure,
flammable or combustible materials or bordering property line,
and
(d) only one fire is burned on the property at one time.
5.4 On any land within the Chester Village Fire Control Area, persons shall be permitted to
operate an Acceptable Outdoor Burning Pit, an Acceptable Outdoor Wood Burning Appliance,
or an Acceptable Outdoor Propane Fireplace, on a wooden deck, provided:
(a) it is positioned on a CSA approved fire-proof pad which extends 0.5 meters from
the door opening and at least 0.2 meters on all sides,
(b) is 2 meters from the building and 1 meter from any combustible surface not
appropriately protected by a CSA approved fire proofing material and,
OUTDOOR BURNING BY-LAW NO. 142 PAGE 7 OF 11
_________________________________________________________________________________________________
Notice at Committee – Committee of the Whole – June 17, 2021
First Reading – Council – December 9, 2021 (2021-463)
Second Reading – Council – January 27, 2022 (2022-019)
Effective Date – February 9, 2022
(c) is operated to meet the stricter standard between this By-law and the
manufacturer’s instructions for the appliance.
6. ENFORCEMENT:
6.1 The MOC By-Law Enforcement Officer is responsible for enforcement of this By-law. Where
the By-law Enforcement Officer or their designate determines that an Open-Air Fire or
Outdoor Burning poses a Hazard or a Nuisance to persons or property or where there is a
failure to comply with any provision of this By-law, they or a designate, may issue an Order
to the property owner to have the fire extinguished and/or to take any other remedial action
that may be required to meet the provisions of the By-Law.
6.2 A Fire Chief may extinguish or order to be extinguished any Open-Air Fire or Outdoor Burning,
if in the opinion of the Fire Chief the fire is a Hazard
7. OFFENCES AND PENALTIES:
7.1 Any person who contravenes or fails to comply with any of the provisions of this By-Law or
any Notice or Order given pursuant is guilty of an offense punishable on summary
conviction by a fine of no less than $250.00 and not exceeding $5,000.00 for each offence,
as per Schedule "A" attached and in default of payment to imprisonment of not more than
90 days for each offense.
8. COMPLIANCE WITH OTHER ACTS AND BY-LAWS
8.1 Nothing in this By-law shall exempt any person from obtaining any license, permission,
permit authority or approval required under any other By-law or regulation of the
Municipality or any statute or regulation of the Province of Nova Scotia. If this By-law
conflicts with any other statute or regulation of the Province of Nova Scotia, the more
restrictive statute shall apply.
9. REPEAL
The Outdoor Burning Bylaw and amendments thereto are repealed upon the coming into force of this
By-law.
OUTDOOR BURNING BY-LAW NO. 142 PAGE 8 OF 11
_________________________________________________________________________________________________
Notice at Committee – Committee of the Whole – June 17, 2021
First Reading – Council – December 9, 2021 (2021-463)
Second Reading – Council – January 27, 2022 (2022-019)
Effective Date – February 9, 2022
SCHEDULE “A"
OFFENCE Penalty
First offence $ 250.00
Second Offence $1,000.00
Third Offense $ 5,000.00
OUTDOOR BURNING BY-LAW NO. 142 PAGE 9 OF 11
_________________________________________________________________________________________________
Notice at Committee – Committee of the Whole – June 17, 2021
First Reading – Council – December 9, 2021 (2021-463)
Second Reading – Council – January 27, 2022 (2022-019)
Effective Date – February 9, 2022
SCHEDULE “B "