Township of Pine Valley

Open Air Burning By-law No. 2015-00

A By-law to Regulate Open Air Burning Within the Township of Pine Valley

WHEREAS the Council of the Township of Pine Valley considers it necessary to regulate open air burning within the Township for the protection of public safety, property, and the environment;

NOW THEREFORE, the Council of the Township of Pine Valley enacts as follows:

1. Definitions

For the purposes of this By-law:

“Open Air Burning” means the burning of material in an outdoor location where the products of combustion are emitted directly into the atmosphere.

“Permit” means a burn permit issued by or on behalf of the Township authorizing open air burning in accordance with this By-law.

“Applicant” means a person who applies for or holds an open air burning permit.

2. Permit Required

No person shall conduct or maintain an open air fire within the Township unless a valid permit has been obtained where a permit is required under this By-law.

A permit may be issued electronically through a Township-approved permitting system.

3. Conditions of Burning

Any person conducting an open air fire shall:

Maintain the fire in a safe and controlled manner;

Ensure adequate clearance from buildings, structures, vegetation, and other combustible materials;

Have sufficient water, equipment, or other suitable means available to extinguish the fire;

Ensure the fire is attended at all times while burning;

Completely extinguish the fire before leaving the site; and

Comply with any additional conditions specified on the issued permit.

4. Prohibited Materials

No person shall burn:

Household garbage;

Plastics or rubber;

Tires;

Construction or demolition waste;

Hazardous materials;

Materials that produce excessive smoke or harmful emissions; or

Any other material prohibited by applicable law.

5. Weather and Fire Restrictions

The Township may suspend, restrict, or cancel open air burning permits where weather conditions, fire danger, smoke conditions, or other circumstances create a risk to public safety.

A permit holder shall immediately extinguish a fire when directed to do so by an authorized Township official or emergency service.

6. Responsibility of Permit Holder

The issuance of a permit does not relieve the permit holder of responsibility for the fire or for compliance with any applicable legislation, regulation, or other requirement.

The permit holder is responsible for ensuring that the fire remains under control and does not create a nuisance, hazard, or unreasonable interference with neighbouring properties.

7. Enforcement

An authorized officer of the Township may inspect an open air fire and may require that a fire be extinguished where it is being conducted contrary to this By-law or where the fire presents a risk to persons or property.

The Township may revoke or suspend a permit where the permit holder fails to comply with this By-law or the conditions of the permit.

8. Offences

Any person who contravenes a provision of this By-law commits an offence and may be subject to penalties provided by applicable law.

9. Effective Date

This By-law shall come into force on the date of its passing by Council.

PASSED by the Council of the Township of Pine Valley this 10th day of August, 2015.

TOWNSHIP OF PINE VALLEY
Fictional municipality created for demonstration purposes.