City of Dryden, CANADA
District of Kenora County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Corporation of the City of Dryden as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property standards — See Ch. 171.
[Adopted 9-27-1993 by By-law No. 2243-93[1] ]
[1]
Editor's Note: This article was passed under the authority of subsection 49 of section 210 of the Municipal Act, R.S.O. 1990, c. M.45.
As used in this article, the following terms shall have the meanings indicated:
APPLIANCE
An outdoor solid fuel burning device situated outside the main building which it is intended to heat, using solid fuels for combustion.
CHIEF BUILDING OFFICIAL
The Chief Building Official, or their designate, appointed pursuant to the Building Code Act.[1]
[Amended 4-19-2004 by By-law No. 3130-2004]
[1]
Editor's Note: See S.O. 1992, c. 23.
No appliance shall be erected or installed unless a building permit has been obtained from the Chief Building Official.
No appliance shall be permitted unless such appliance has been certified by Canadian Standards Association (CSA), or other accredited test laboratory recognized by the Ontario Building Code 1990, as amended July, 1993.
Appliances shall only be permitted in areas zoned:
A. 
M (General Industrial) - (North of the C.P.R. Mainline).
B. 
UR (Urban Reserve).
C. 
CT (Tourist Commercial).
D. 
RU Zone.
[Added 10-15-2001 by By-law No. 2865-2001]
Every appliance shall be supported by a base constructed of concrete or other noncombustible material and shall be constructed to adequately support the weight of the appliance while in operation.
The dimensions of the base of the appliance shall be in accordance with the manufacturer's installation instructions or, where such instructions or dimensions are not provided, the base shall extend a minimum of 0.3m (12 inches) beyond the side and back of the unit and 0.6m (24 inches) beyond the front of the unit.
The chimney of the appliance shall be steel and equipped with a spark arrester and rain cap. The chimney shall be at least 4.87m (16 feet) above the supporting base of the appliance.
An appliance shall be located:
A. 
Not less than 7.6m (25 feet) from any property line;
B. 
Not less than 15.2m (50 feet) from the principal building or dwelling or from principal building or dwelling on adjacent property;
C. 
Not less than 3m (10 feet) from any accessory building;
D. 
Only in the rear yard.
The piping for the appliance to the principal building shall be located in a trench covered with noncombustible material. Underground pipe shall be of an approved material in order to guard against failure and subsequently environmental damage.
Fuel for the appliance shall be stored not closer than 3m (10 feet) from the appliance and in the case of round or split wood shall not exceed three cords in quantity.
Fuel used in the appliance shall be wood or wood by-products only.
[Amended 10-15-2001 by By-law No. 2865-2001]
Any person who contravenes any provision of this article is guilty of an offence and, upon conviction, is liable to a penalty as provided in the Provincial Offences Act.[1]
[1]
Editor's Note: This section was passed under the authority of section 320 of the Municipal Act, R.S.O. 1990, c. M.45, as amended, and, under section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, a person convicted of an offence under this section is liable to a fine of not more than $5,000.
[Adopted 6-8-1998 by By-law No. 2572-98[1]]
[1]
Editor's Note: This article was passed under the authority of subsections 35 and 49 of section 210 and section 326 of the Municipal Act, R.S.O. 1990, c. M.45.
As used in this article, the following terms shall have the meanings indicated:
BRUSH
Branches, limbs, stumps or parts thereof.
CHIEF FIRE OFFICIAL
The Chief of the Fire Department of the Corporation of the City of Dryden or his/her designate.
CONDITIONS
Relates to any factor which could increase the fire hazard such as wind velocity, degree of humidity, or proximity of the site to very flammable material.
CORPORATION
The Corporation of the City of Dryden.
COUNCIL
The Council of the Corporation of the City of Dryden.
DEBRIS
Surface litter (leaves, needles) and combustible wood products.
FIELD/CROP BURNING
Burning in whole or in part of areas of agricultural land and products.
FIRE DEPARTMENT
The Fire Department of the Corporation of the City of Dryden.
FIRE PERMIT
A form substantially similar to the form attached as Schedule A to this article.[1]
FIRE SEASON
The period from the 1st day of April to the 31st day of October in each year. The Chief Fire Official may declare any period between the 1st day of January and the 31st day of March, both inclusive, or between the 1st day of November and the 31st day of December, both inclusive, in any year, to be a fire season.
INCINERATOR
A container meeting the requirements as specified in § 90-17 of this article.
OFFICER
Municipal Chief Fire Official, Municipal By-law Officer, Municipal Chief of Police.
PEAT
Soils with a minimum of 30% organic matter.
PERMITTEE
The person to whom a fire permit has been issued.
WINDROWS
Refuse from land clearing, bulldozed into piles or rows, consisting of soil/gravel, trees, roots, stumps and brush.
[1]
Editor's Note: Schedule A, which consists of the fire permit application and the site plan of proposed burn pile/incinerator, is on file in the Clerk's office.
A. 
All persons setting an open air fire in the City of Dryden shall first obtain a fire permit from the Fire Department pursuant to the requirements and fees as set out by this article.
B. 
Burning in an incinerator will be permitted throughout the year as provided in Regulation 207/96 under the Forest Fires Prevention Act.[1]
[1]
Editor's Note: See R.S.O. 1990, c. F.24.
C. 
No open air burning shall be permitted during the fire season unless:
(1) 
Such burning consists of a small contained fire supervised at all times and used for cooking or warmth as provided in Regulation 457 under the Forest Fires Prevention Act.[2]
[2]
Editor's Note: See R.S.O. 1990, c. F.24.
(2) 
Under special circumstances approved by the Chief Fire Official or such person duly authorized on behalf of the Chief Fire Official.
It is the condition of the fire permit that:
A. 
All permits are subject to inspection and approval of the Chief Fire Official or such persons duly authorized on behalf of the Chief Fire Official.
B. 
The permittee shall be present at the site of the burning operations conducted under the permit and shall not be under the influence of alcohol or narcotics.
C. 
The permittee shall have the permit at the site of the burning operation conducted under the permit and shall produce and show the permit to any officer, whenever requested by the officer.
D. 
The permittee assumes full responsibility for the burning operation conducted under the permit.
E. 
The permittee shall ensure that material to be burned is located at least 30 metres from a building, structure or lot line.
F. 
The material to be burned at one time in residential areas is not to be more than two cubic metres in size.
(1) 
Consideration may be given by the Chief Fire Official or person duly authorized by the Chief Fire Official to permit up to six cubic metres of material to be burned at any one time.
(2) 
A permit issued under Subsection F(1) shall require that the material to be burned shall be located at least 60 metres from any building or structure, strictly in an open field, and have sufficient water supply to suppress the fire.
Every person who starts a fire outdoors or is in charge, or apparently in charge, of a fire outdoors shall:
A. 
Ensure that all conditions will allow the fire to burn safely from start to extinguishment.
B. 
Be present at the site of the fire at all times.
C. 
Ensure material be limited to wood or by-products of wood.
D. 
Ensure that the means of extinguishing the fire designated on the permit form is available at the site at all times during the fire.
E. 
Extinguish the fire, if the fire is started under the authority of a fire permit, by the time specified in the fire permit.
F. 
Extinguish the fire immediately upon receiving notice of cancellation or suspension of a permit by the Chief Fire Official or person duly authorized by the Chief Fire Official.
G. 
Extinguish the fire before leaving the site.
No person shall be permitted to operate an outdoor incinerator unless:
A. 
The incinerator is an enclosed device constructed entirely of noncombustible material and is no more than one metre in diameter and no more than one metre in height.
B. 
The outlet of the incinerator is covered with a screen having mesh size of not more than five millimetres.
C. 
The incinerator is located at least 15 metres from any building, structure or lot line.
D. 
The incinerator is located at least five metres from any forest or woodlands.
E. 
The incinerator is located at least two metres from any combustible materials.
F. 
Ensure material burned is limited to wood or by-products of wood.
G. 
The incinerator is monitored by a responsible person until the fire is out.
No person shall be permitted to burn brush or trees unless:
A. 
The fire is monitored by a responsible person equipped with adequate tools or water to contain the fire at all times, until the fire is out.
B. 
The fire is located at least five metres from any flammable materials or combustibles.
C. 
The material is piled in a single pile less than two metres in diameter and less than two metres in height.
A. 
A person who starts an open air campfire outdoors or is in charge, or apparently in charge, of a campfire outdoors shall:
(1) 
Ensure that all conditions will allow the fire to burn safely from start to extinguishment.
(2) 
Take all necessary steps to tend the fire and keep the fire under control.
(3) 
Ensure that the campfire does not exceed one metre in height and one metre in diameter.
(4) 
Ensure the campfire is at least three metres from any forest or woodland and the area within the three-metre radius is completely free of any combustible/flammable materials and the space immediately above the fire installation (one-metre radius) is at least three metres from any overhanging vegetation.
(5) 
Ensure the campfire is located at least 15 metres from any building, structure or lot line.
(6) 
Ensure that the means of extinguishing the fire designated on the permit form is available at the site at all times during the fire.
(7) 
Extinguish the fire before leaving the site.
B. 
No open air campfire shall be permitted when the wind is in such direction or intensity to cause any or all of the following:
(1) 
Smoke which causes annoyance or irritation to adjacent properties or premises.
(2) 
When wind velocity exceeds 25 kilometres (15 miles) per hour.
A. 
No open air fire shall be permitted when the wind is in such direction or intensity to cause any or all of the following:
(1) 
Smoke which causes annoyance or irritation to adjacent properties or premises.
(2) 
Decreases visibility on any highway or roadway.
(3) 
Is likely to spread rapidly through grass or a brushed area.
(4) 
When wind velocity exceeds 25 kilometres (15 miles) per hour.
B. 
The burning of debris will not be permitted in the City of Dryden.
C. 
The burning of buildings will not be permitted in the City of Dryden.
D. 
Any burning or other act which contravenes the Environmental Protection Act, R.S.O. 1990, c. E.19, the Ontario Fire Code, or Forest Fires Prevention Act, R.S.O. 1990, c. F.24, or any amendments or regulations made thereunder will not be permitted.
Permits for burning are required to be purchased annually at the rates listed below:
A. 
Incinerator permit: $10 plus GST.
B. 
Burn permits.
[Amended 6-16-2003 by By-Law No. 3013-2003]
(1) 
Fees.
(a) 
Residential: $15 plus GST.
(b) 
Industrial/commercial: $50 plus GST.
(2) 
The permittee is required to obtain a burn permit for each different location.
(3) 
That this By-law shall come into force and take effect on the final passage hereof.
C. 
Open air burning permits granted with supervision of one or more fire fighters on the site will be determined at the time of the application.
A. 
The Municipal Chief Fire Official, Municipal By-law Officer, the Municipal Police Chief are authorized to enforce this article.
B. 
Where, in the opinion of the Chief Fire Official, a potential fire danger exists, the Chief Fire Official may suspend, refuse or rescind any permit or order any person to put out a fire.
C. 
The provisions of this article shall apply to the whole of the Corporation of the City of Dryden.
D. 
Offences; liability for costs.
[Amended 10-15-2001 by By-law No. 2865-2001]
(1) 
Any person who contravenes any provision of this article or any order made thereunder or any condition of a permit issued thereunder may be liable for all damages to public and/or private property caused by the fire and may also be liable for the full cost of extinguishing the fire.
(2) 
Any person who contravenes any provision of this article is guilty of an offence and, upon conviction, is liable to a penalty as provided in the Provincial Offences Act.[1]
[1]
Editor's Note: This section was passed under the authority of section 320 of the Municipal Act, R.S.O. 1990, c. M.45, as amended, and, under section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, a person convicted of an offence under this section is liable to a fine of not more than $5,000.
E. 
Payment of costs.
(1) 
All accounts rendered by the corporation for services (including expenses by the corporation) as referred to in Subsection D shall be paid within 30 days of the billing.
(2) 
If payment is not made by the owner in accordance with the provisions of Subsection E(1), the corporation may recover the expense incurred by action, or the same may be recovered in like manner as municipal taxes.