Loading...
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 _________________________________________________________________________________________________ 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 "