Camping In Ontario Update Newsletter June 2019 June 2013 | Page 6
CAMPING IN ONTARIO UPDATE | 6
Under the authority granted in Section 21 of the Fire Protection and
Prevention Act, 1997, designated fire officials can issue inspection orders to deal with a variety of discretionary issues. This could include
open air burning practices that would not otherwise be regulated
under Article 2.6.3.4., such as fires involving farming operations and
burning practices not being conducted in proximity to buildings.
For further information and guidance on the subject of issuing inspection orders, please refer to the technical guideline TG-01-1999, Orders, Orders to Close and Immediate Threat to Life.
The minimum conditions for open burning within a municipality situated in a fire region, as described in the FFPA, must be those outlined in O. Reg. 207/96 of the FFPA. This means that fire permits are required for all burning that falls outside the conditions outlined in Sections 1 to 4 of O. Reg. 207/96.
In addition, organized municipalities may enter into agreements
with the MNR with respect to the prevention and control of grass, brush
and forest fires. One of the conditions in this type of agreement is that
the municipality control open burning within their boundaries.
When, under the authority granted in Section 5 of O. Reg. 207/96,
a municipality issues a permit to burn outside of the conditions outlined in Sections 1 to 4 of the regulation, the permit issuer should be
appointed as a fire warden under the FFPA and the permit should state
that it is issued under both the municipal by-law and the FFPA.
The fire management supervisor and chief fire official should discuss and agree on how to manage issues relating to open air burning
within the municipality, e.g., issuing permits on Crown land within the
municipality and within Crown protection areas, daytime burning, Restricted Fire Zones.
Enquiries about open air burning may be directed to Bruce Weaver,
Program Specialist, Fire Safety Standards Section of the Office of the
Fire Marshal, at (416) 325-3175.
Summary
Alternatives to Open Burning
In summary, when a municipality is not located within an MNR
designated fire region and the burning practice is in proximity to a
building, open air burning must meet the requirements of Article
2.6.3.4. of the Ontario Fire Code. In addition, when the municipality has a by-law, the by-law and any provisions outlined therein must
be followed.
When the municipality is located within an MNR designated fire region, open air burning must meet both the Fire Code requirements,
when applicable, and the FFPA. An MNR fire permit is not required for
small scale burning provided the burning is in compliance with sections 1 to 4 of O. Reg. 207/96. Otherwise, a permit is required either
from the fire warden appointed in the local municipality or, in the case
of unorganized areas, from the MNR. The Fire Code requirement for
approved burning in proximity to buildings must also be satisfied. In
addition, when the municipality has a by-law, then the by-law and any
provisions outlined therein must be followed.
Open burning releases large amounts of carbon dioxide, other gases,
and solid substances directly into the air, which can contribute to respiratory problems. Disposal of natural materials is never as good for
the environment as using them again in a different form. Tree limbs,
brush and other forestry debris can be chipped or composted into
landscaping material. Check with your local public works or highway
department; many have chippers at their municipal recycling center
or transfer station, and will process debris from homeowners.
air burning in areas not in proximity to buildings, such a by-law would
not be in conflict with the Fire Code. However, since the FFPA does
apply to farmland within the fire regions, such by-laws could conflict with the FFPA. Although such a by-law would not necessarily require approval of the chief fire official, it may be appropriate to consult with the chief fire official and the Ministry of Natural Resources
on fire safety issues.
Ontario’s Municipal Act also empowers municipalities to establish
by-laws dealing with administrative and nuisance-related aspects of
open air burning.
Inspection Orders Under the Fire Protection and
Prevention Act
Fire Safety Information
Whom can I contact for fire safety information? You can contact your
local fire department for fire safety information.
Submitted by Anna Armstrong of CE Safety. For more information,
please contact Anna at [email protected] or go to
www.cesafety.com
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