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Open Air Burning Regulations

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1. Title

These Regulations may be cited as the Town of Paradise Open Air Burning Regulations, 2013.

2. Interpretation

In these Regulations, unless the context otherwise requires:

  • a) "Act" means the Municipalities Act, 1999, SNL 1999 Chapter M-24 as amended.
  • b) "Council" means the Town Council of the Town of Paradise.
  • c) "Fire Weather Index" means the rating as established by the Department of Natural Resources Forestry  and  Agrifoods  Agency  indicating  the probability of a fire starting and spreading rapidly.
  • d) "Grate" means a metal rack supported on a non-combustible enclosure.
  • e) "Nuisance" means anything, in the opinion of Council or any  person authorized by Council, that endangers life or health,  gives  offence  to  the senses, violates the laws of decency  or obstructs reasonable  and  comfortable use of property in any way, and includes any obnoxious substances, smoke, animal waste or unsanitary matter or noise that has an unpleasant effect on the senses.
  • f) "Officer" means a member of the Royal Newfoundland Constabulary (RNC), a member of the Royal Canadian Mounted Police Force (RCMP) stationed in the Province and a Municipal Enforcement Officer, or anyone authorized by the Town of Paradise to enforce these Regulations.
  • g) "Open Air" means not within a structure.
  • h) "Open Air Fire" means any type of fire that is not contained within  an Outdoor Wood Burning Appliance.
  • i) "Outdoor Wood Burning Appliance" means an appliance used  in the Open Air to bum wood. This does not include external wood furnaces.
  • j) "Permit" means a permit to bum in the Open Air issued under Section 98 of the Forestry Act, by the Department of Natural Resources Forestry Services Branch.
  • k) "Person in Charge" means the owner of a property  upon  which  the burning is taking place, or person who has the owner's written consent to conduct the burning, and the person who is conducting or directing the burning.
  • l) "Suitably Equipped" means being in possession of tools or equipment, including without limitation, brooms, rakes, back tanks, shovels, hoses and an adequate water supply which shall be used to contain and/or prevent the spread of fire ignited in the Open Air.
  • m) "Town" means the Town of Paradise.
3. Application
These Regulations shall apply to all areas of the Town of Paradise throughout the entire year.
4. Outdoor Wood Buring Appliances

n) Outdoor Wood Burning Appliances may be used throughout the Town of Paradise but the following provisions shall apply:

  • i) The manufacturer's installation instructions are followed.
  • ii) They are not placed on wooden decks or combustible platforms, unless such decks or surfaces are protected with a fire resistant material i.e., concrete, or steel.
  • iii) Only dry seasoned firewood or fire logs shall be used as it burns with little or no smoke by-product.
  • iv) Clearances of 3.0 metres (10 feet) shall be observed in all directions from other combustible materials.
  • v) Only one Outdoor Wood  Burning Appliance  may be used  on a property  at a time.
  • vi) The Outside Wood Burning Appliance  must  be  of  sufficient construction to withstand the effects of heating and cooling and must be constructed of non-combustible materials, which will prevent the accidental spreading of fire.
  • vii) It does not allow smoke, smell, airborne  sparks  or embers  to  infringe on the use and enjoyment of other properties or become a Nuisance to neighbouring residents.
  • viii) It is equipped with a Grate. This allows for the proper airflow for cleaner burning.
  • ix) A fire extinguisher or garden hose connected to a water supply must be readily available for use while the fire is burning.
5. Prohibited

a) No fires either contained in an Outdoor Wood Burning Appliance or an  Open Air Fire shall be permitted during such periods when:

  • i) The Department of Forestry, the  St. John's  Regional  Fire  Department  or the Town of Paradise have placed a fire ban within its jurisdiction; or
  • ii) The Fire Weather Index is high or extreme.
6. Special Burning

a) These Regulations shall allow for the Open Air burning of trees, wood, shrub, bushes or fields that have been determined to have infestation of insects or disease that pose a risk of spreading to other areas or that pose a risk  of damaging the natural resources of the Town of Paradise.

b) Other such Open Air Fires that may be prescribed from time to time by the Department of Natural Resources Forestry Services Branch.

c) Open Air Fires pursuant  to Subsection 5(a) and 5(b) shall require the Person in Charge:

  • i) To have a burning Permit from the Department of Natural Resources Forestry Services Branch;
  • ii) To have a copy of the Permit on site where the burning is taking place and available to be shown, if requested, to a forestry official or Officer;
  • iii) To be aware that the Department of Natural Resources Forestry Services Branch may impose conditions on any outdoor burning, which they deem necessary for the safety and protection of property, the community and the health and well-being of residents;
  • iv) To be Suitably Equipped to deal with an emergency;
  • v)   To be aware that the possession of a Permit does not discharge the person to whom it is issued from the responsibility for damage resulting from an Open Air Fire caused, set, lit, or otherwise ignited by that person; and
  • vi) To comply with the provisions  of these  Regulations.

d) If the Person in Charge is not the owner of the property upon which the burning is taking place, the Person in Charge must have the property owner's written consent to conduct the burning on site where the burning is taking place and available to be shown, if requested, to a forestry official or Officer.

7. Enforcement
  • a) The responding Officer shall have the authority to extinguish or order extinguished any fire (or fires), which pose  a health  or fire hazard  to  persons or property or does not meet the provisions of these Regulations.
  • b) If the Person in Charge is in possession of a Permit issued by the Department of Natural Resources Forestry Services Branch and, in the opinion of the Officer, the Person in Charge is not in compliance with the terms of their Permit, the Officer may order the immediate extinguishing of the Open Air Fire.
  • c) A Permit may, by oral or written notice be cancelled or suspended at any time by an Officer and upon receiving notice of a cancellation or suspension, the Permit holder shall immediately extinguish any fire  caused,  set,  lit, or otherwise ignited under the Permit.
  • d) Enforcement and prosecution under these Regulations may  be undertaken  by any Officer or by any other person so authorized by Council.
  • e) Pursuant to Section 404 (1) of the Act, Council or an Officer may serve upon the Person in Charge who is in violation of a provision of these Regulations, a serially numbered notice advising the nature of these violation and required action to conform with the standards set out in these Regulations.
  • f) The Person in Charge shall carry out the directions of Council referred to in Section 7 (e) at the cost of the Person in Charge and within the time specified.
  • g) Any cost to the Town for all works carried out in response to  a violation  of these Regulations, in addition to any penalty prescribed hereunder, may be recoverable from the person in contravention of these Regulations  as  a civil debt.
8. Right of Entry

Pursuant to Section 51 of the Urban and Rural Planning Act, 2000, Council or its duly authorized agents have the authority to enter a property for the purposes of inspection or to carry out work as required under these Regulations.

9. Failure to Comply
  • a) Pursuant to Section 404 (5) of the Act, where a person to whom an order is directed does not comply with the order or part  of  an  order  made  under Section 7 (e) of these Regulations, Council may take the action that it considers necessary to carry out the terms of the order and any costs, expenses or charges incurred by Council in carrying out the term of the order are recoverable from the person against whom the order was made as a civil debt owed to Council and are subject to enforcement mechanisms under Section 421.2 of the Act.
  • b) Council may delegate to an official or employee of Council the power to issue orders under this section.
  • c) Council, its employees, servants or agents shall  be  saved harmless  from any and all claims arising out of the action of Council, its employees, servants or agents in the process of inspecting and/or carrying out work under these Regulations, except in the case of gross negligence.
10. Penalities

a) Pursuant to Section 419 (2) of the Act, each day upon which the same offence is committed or continued is a separate offence;

b) Every person who is guilty of an offence under these Regulations  or who  acts in contravention of or fails to comply with any provision thereof, or neglects or refuses to do so:

  • i) Shall be liable to penalties as stipulated in accordance with Section 420 of the Municipalities Act, 1999;
  • ii) Shall be subject to an order under Section 404 (1) (i) of the Municipalities Act, 1999;
  • iii) Shall be subject to a violation notice issued under Section 421.1 (1) of the Municipalities Act,  1999; or
  • iv) Shall be issued a ticket under the Provincial Offenses Act in accordance with Section 421.2 of the M unicipalities Act, 1999.
11. Coming into Effect
These Regulations shall come into effect on the 23rd day of August, 2013  A.D
12. Publication
A notice of these Regulations was published in The Shoreline on the 22nd day of August 2013 A.D. and Gazetted on the 23rd day of August, 2013  A.D.
13. Copy to the Minister
A  copy of  these Regulations  was sent to the Minister of Municipal Affairs on the 19th day of August, 2013 A.D.
14. Repeal of Previous Regulations and Amendments

All previous Town of Paradise  Open  Air  Burning  Regulations and amendments are repealed.