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Municipality of Whitestone

Fire Bylaws

Bylaw no. 07-2003

Whereas S.O. Section 390 of the Municipal Act, 2001, revised, Section 475 (3) (b), provides that the Council may pass bylaws for prescribing the times that fires may be set and the precautions to be observed by persons setting out fires. Now therefore, the Council of the Corporation of the Municipality of Whitestone enacts as a bylaw the following:

  • all persons setting an open air fire in the Municipality of Whitestone from April 1st until October 31st shall first obtain a fire permit from an authorized permit issuer
  • the permit shall be valid for a period of time agreed upon between the issuer and the person setting out the fire
  • all burning regulations will be in force throughout the year
  • no open air fire shall be maintained when the wind is in such direction or intensity so as to cause one or both of the following:
    1. a decrease in visibility on any highway or road
    2. the rapid spread of fire through grass or a brush area
  • any person who is issued a permit for a fire shall have the permit available at the site at all times during the fire
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1. PERMITS

A person who has obtained a fire permit pursuant to this section shall ensure the following:

  1. the fire is attended by a responsible person until the fire is out
  2. the material to be burned shall be limited to piled wood, brush and discarded wood products
  3. the pile is less than 2 meters in diameter and less than 2 meters high
  4. the fire is ignited 2 hours before sunset or later and extinguished 2 hours after sunrise of earlier
  5. the fire is at least 3 meters from any flammable materials
  6. the person attending the fire has the means of extinguishing the fire, as recorded on the fire permit, available at the site at all times during the fire

2.A person may be issued a permit to burn grass and leaves provided the following conditions are met:

  1. the fire is attended by a responsible person until the fire is out
  2. the area to be burned is less than .5 hectare
  3. the length of flaming edge is less than 10 meters
  4. the fire is ignited 2 hours before sunset or later and extinguished 2 hours after sunrise of earlier
  5. the person tending the fire has the means of extinguishing the fire, as recorded on the fire permit, available at the site at all times during the fire
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3.INCINERATORs

Any person operating an incinerator for open air burning must apply for an annual permit. The Chief Fire Official or his or her designate will conduct an inspection of the incinerator before issuing the permit, and charge a fee as per Schedule A for a final inspection. Such an incinerator may operate at any time during the day or night and must be as follows:

  1. a metal barrel in good condition (or an enclosed device)
  2. at least 5 meters from any building or forest
  3. at least 2 meters from flammable material
  4. used to burn wood and wood by-products only
  5. covered by mesh having openings less than 5 mm in size
  6. monitored by a responsible person until out, and the person monitoring the fire shall have adequate tools and/or water to contain the fire available at the site at all times during the fire
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4.DAYTIME PERMIT

A person may apply for a Day Time Permit through the Fire Department. The daytime permit is subject to the following:

  1. an on site inspection may be done by the Chief Fire Official or his or her designate
  2. adequate tools and or water to contain the fire, available on the site at all times during the fire (i.e., shovels, pails of water, brooms, or what ever the Chief Fire Official requests)
  3. the Chief Fire Official or his or her designate will inform the Ministry of Natural Resources of such a fire before a permit will be issued
  4. the fire must be attended to until fire is completely extinguished
  5. the pile is less than 2 meters in diameter and less than 2 meters high
  6. the fire is at least 5 meters from any flammable materials
  7. for larger burns, the Chief Fire Official or his or her designate, may require the attendance of the Whitestone Fire Rescue Department at the scene of such a fire, with a charged a fee as per Schedule "B" per hour for crews of 8 or less paid by the permit holder.
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5.NO PERMIT NEEDED FOR COOKING OR WARMTH

A permit will not be required for open air fires if set when such burning consists of a small contained fire, used to cook food on a grill or barbecue, or is for personal warmth. The fire must be

  1. situated on bare rock or other non-combustible material
  2. surrounded by at least 1 meter of non-combustible material
  3. at least two meters from any flammable material
  4. the pile is less than one meter in height and less than one meter in diameter
  5. supervised by a responsible person at all times and that person must have adequate tools and/or water to contain the fire available at the site at all times during the fire (e.g., shovel, corn broom, garden hose, 25 litre pail of water, easy access to a lake, etc.)
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6.FIRE BANS & RESTRICTED FIRE ZONES

During a municipal fire ban or a restricted fire zone, no burning is allowed. All Existing permits are suspended.

7.Notification of Fire Ban will be done through the municipal Web site, radio, and highway signs.

8.All persons setting an open air fire in the Municipality of Whitestone shall

  1. be responsible for any damages to property or injury to persons occasioned by said fire
  2. be liable for costs incurred by the Fire Department, including personnel, equipment, and apparatus necessary to extinguish said fire. Persons will be billed at MNR rates, as per Schedule C, plus any MNR charges if MNR assistance is requested

9.No person shall, without lawful authority, tear down, remove, damage, deface, or interfere with any notice or sign put up, posted, or placed by the Municipality of Whitestone for the purposes of fire prevention.

10.Every person who contravenes any of the provisions of this bylaw is guilty of an offence and shall, upon conviction thereof, forfeit and pay a penalty of not more than five thousand dollars ($5,000) exclusive of costs, and every such fine is recoverable under the Provincial Offences Act, R.S.O. 1990, cP.33.

11.The Chief Fire Official, or his or her designate, at their discretion, will issue a first time warning if the person setting out the fire agrees to immediately extinguish the fire as quickly as possible.

12.This bylaw may be cited as the "Municipality of Whitestone Open Air Fire bylaw".

13.That this bylaw shall come into effect and take force on the date of its passing.

14.The Council of the Municipality of Whitestone will appoint such permit issuers for such terms and remuneration, as Council shall determine from time to time by resolution.

15.That bylaw No. 25-2000 be repealed.

16.If any section, clause or provision of this bylaw is for any reason declared to be invalid by a court of competent jurisdiction, the same shall not affect the validity of the bylaw as a whole or in part thereof, other than the section, clause or provision so declared to be invalid, and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this bylaw shall remain in full force and effect until repealed. 

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Read a first and second time this 11th day of March, 2003.
Reeve, Bill Church
CAO-Clerk Liliane Nolan

Read a third time and passed, signed and sealed this 11th day of March, 2003.
Reeve, Bill Church
CAO-Clerk, Liliane Nolan

Schedule A—$20.00 per final inspection

Schedule B—$250.00 per hour for crews of 8 or less

Schedule C—$600 per fire or $250 per hour for crews of 8 or less, whichever is greater.

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PROPOSED Bylaw No. 13-2005 being a bylaw to prescribe fees and charges for the provision of fire services

Whereas, pursuant to the Municipal Act 2001, S.O. 2001, Chapter 25, Part XII, Section 391(1), a municipality may pass bylaws imposing fees or charges on any class of persons, for services or activities provided or done by or on behalf of it and for the use of its property including property under its control; And whereas, the Municipal Act, 2001, Ontario Regulations 244/02 provides for imposing fees and charges for inspection of the issuance of permits for fire services; And whereas, pursuant to the Municipal Act, 2001, S. O. 2001, Chapter 25, Part XII and Ontario Regulations 244/02, notice of intent to pass this bylaw has been given.

Now therefore be it resolved that Council for the Corporation of the Municipality of Whitestone hereby enacts as follows:

  1. that the service fee for the provision of fire services shall be as set out in Schedule A attached to and forming part of this bylaw
  2. that this bylaw shall come into full force and effect upon passage thereof
Schedule A Bylaw No. 13-2005
type of service rate used to
determine fee
fee schedule
response to motor vehicle accidents on provincial highways MTO rates $350/hour/vehicle
railroad call-outs for fire on or beside tracks, as a result of railway operations and the subsequent failure to extinguish those fires MTO rates $350/hour/vehicle
situations that in the opinion of the Senior Officer at the incident are the result of gross negligence or as the result of an illegal act MTO rates $350/hour/vehicle
Hydro or Bell call-outs (includes stand-by time) MTO rates $350/hour/vehicle
railroad call-outs for accidents and/or incidents including derailments MTO rates $350/hour/vehicle
fire occurrence report/letter flat rate $35
recovery of additional costs incurred (e.g., float plane rental) or any additional equipment not owned by the Municipality to transport patients and/or crew cost cost

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