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Open Air Burning - Town of Richmond Hill

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Background <strong>of</strong> the <strong>Open</strong><br />

<strong>Air</strong> <strong>Burning</strong> By-law<br />

At their meeting on July 11, 2005, Council approved a revision to the current<br />

<strong>Open</strong> <strong>Air</strong> <strong>Burning</strong> By-law. As per section 7.1 <strong>of</strong> the Fire Protection & Prevention<br />

Act (1997), Council established an open air burning by-law and stringent<br />

conditions for open air burning, including when open air fires may be set.<br />

As open air fires can present undue risk, health hazards, unfair environmental<br />

practices and inappropriate recycling measures, Fire & Emergency Services,<br />

after much deliberation, analysis and research, determined that open air<br />

burning may be permitted only if residents obtain permits and are able to<br />

meet the minimum requirements set out in the By-law. However, a small<br />

contained fire for the purposes <strong>of</strong> supervised cooking on a grill (maximum<br />

24” x 36”) is allowed without having to obtain a permit, according to the<br />

Ontario Fire Code.<br />

The By-law also contains a provision that enables the Chief Fire Official to<br />

approve open air burning in special circumstances.<br />

<strong>Open</strong> <strong>Air</strong> <strong>Burning</strong><br />

By-law<br />

<strong>Open</strong> air burning is allowed in the <strong>Town</strong> <strong>of</strong> <strong>Richmond</strong> <strong>Hill</strong>, however you must<br />

have a permit and abide by the requirements stated within the by-law.<br />

If you are having a small contained fire on a grill (maximum 24” x 36”) for<br />

cooking purposes, a permit is not needed as long as the fire is supervised.<br />

This by-law promotes health and safety in the community while promoting<br />

the responsibilities <strong>of</strong> the citizens.<br />

<strong>Richmond</strong> <strong>Hill</strong> Fire & Emergency Services<br />

wants you to know about...<br />

<strong>Open</strong> <strong>Air</strong><br />

<strong>Burning</strong><br />

These revisions, however, only allow that the approved open air burning<br />

practice would be conducted in a stringent and accountable fashion<br />

while providing the most safe fire practices as can be obtained. The revised<br />

By-law enhances the health and safety initiatives <strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Richmond</strong> <strong>Hill</strong>.<br />

For more information contact:<br />

<strong>Town</strong> <strong>of</strong> <strong>Richmond</strong> <strong>Hill</strong> Fire Prevention Division<br />

905-883-5444<br />

fireprevention@richmondhill.ca<br />

Emergency<br />

9-1-1<br />

To obtain information about the <strong>Town</strong> <strong>of</strong> <strong>Richmond</strong> <strong>Hill</strong> in your preferred language,<br />

please call Access <strong>Richmond</strong> <strong>Hill</strong> at 905-771-8800.<br />

[PB010-ENG]<br />

Produced by the Communication Services, Strategic Initiatives Division, Office <strong>of</strong> the CAO,<br />

with information provided by <strong>Richmond</strong> <strong>Hill</strong> Fire Prevention;<br />

last updated July 2011.


<strong>Open</strong> <strong>Air</strong> <strong>Burning</strong><br />

Questions & Answers<br />

The following is a list <strong>of</strong> frequently asked questions and answers to help<br />

you better understand the open air burning by-law.<br />

Q: I have purchased a propane barbecue. Do I need a permit to cook<br />

my food?<br />

A: No. Propane powered products are regulated by the Technical<br />

Standards and Safety Authority. Cooking on a propane barbecue is<br />

not considered open air burning. However, residents should conduct<br />

their propane barbecue practices in a safe and courteous manner<br />

and follow the manufacturer’s instructions.<br />

Q: Can I use an outdoor cooking device for purposes other than<br />

cooking?<br />

A: Devices intended for cooking purposes should be used for cooking<br />

purposes only. If you are in doubt, contact the Fire Prevention<br />

Division.<br />

Q: My neighbour is cooking on an outdoor cooking device and the<br />

smoke is bothering me. What can I do?<br />

A: Contact <strong>Richmond</strong> <strong>Hill</strong> Fire & Emergency Services at<br />

905-883-5444 and explain the situation. They may respond and assess<br />

the situation.<br />

Q: I have purchased an outdoor cooking device that will use charcoal<br />

or small wood chips. I do not have the required clearances as stated<br />

in your By-law. Can I still use this device to cook?<br />

A: <strong>Richmond</strong> <strong>Hill</strong> Fire & Emergency Services will allow cooking on these<br />

types <strong>of</strong> devices (e.g. hibachi, charcoal grill, etc.) provided that<br />

the intent is to provide cooking that will be confined to a small grill<br />

on the device and supervised at all times. The grill shall not exceed<br />

the dimensions <strong>of</strong> 60.96 cm x 91.44 cm (24” x 36”). Otherwise, a<br />

permit will be required. As well, the device should be kept as far<br />

away from combustible surfaces, overhangs and property lines as<br />

possible. Should Fire & Emergency Services receive a complaint with<br />

this cooking practice, the resident may be required to discontinue<br />

cooking in this manner.<br />

Q: Is there a fee for the permit or site inspection?<br />

A: Yes. The fee is $35 for the permit or site inspection.<br />

Q: What happen if I complain about someone conducting open air<br />

burning?<br />

A: <strong>Richmond</strong> <strong>Hill</strong> Fire & Emergency Services, upon receipt <strong>of</strong> a complaint,<br />

will respond to the incident scene. The Fire Incident Commander has<br />

a number <strong>of</strong> options that may include telling the resident to put out<br />

the fire and discontinue burning until Fire Prevention staff can fully<br />

investigate the complaint. All incidents referred to the Fire Prevention<br />

Division will be investigated within three business days. In matters<br />

where no violation <strong>of</strong> the open air burning by-law exists, residents<br />

may be allowed to continue with their approved burning practices<br />

at the discretion <strong>of</strong> the Fire Incident Commander.<br />

Q: I want to burn brush or discard <strong>of</strong> other ordinary wood combustibles<br />

in my backyard or on my property. What is required?<br />

A: An application must be made for a permit. Contact the Fire<br />

Prevention Division at 905-883-5444 and ask to speak to a Fire<br />

Inspector. Please allow at least three business days for a permit<br />

request. The Fire Inspector will then arrange to conduct a site<br />

inspection with you. NOTE: A minimum <strong>of</strong> 15 metres (50’) clearance<br />

is required to any property line, structure, fence, roadway etc. before<br />

a permit application request will be considered.<br />

Q: How long can the permit be valid for?<br />

A: Dependent upon the circumstances and assessed need, the Fire<br />

Inspector can provide dates <strong>of</strong> burning up to one calendar year<br />

in length. Regardless <strong>of</strong> the date <strong>of</strong> the issuance <strong>of</strong> the permit, all<br />

permits expire as <strong>of</strong> December 31 in the calendar year that they<br />

were issued. A new application for a burning permit will then be<br />

required for the following calendar year.<br />

Q: What enforcement options are there if someone continues to burn<br />

without a permit or contrary to the provisions <strong>of</strong> the By-law?<br />

A: <strong>Richmond</strong> <strong>Hill</strong> Fire & Emergency Services can invoice a resident for<br />

the costs incurred for apparatus response to an open air burning<br />

complaint. There is a $410 per hour cost for each apparatus that<br />

responds to a justified open air burning complaint. Further, fire code<br />

charges could be laid against an individual or organization. The<br />

maximum penalty could result in a fine <strong>of</strong> $50,000, imprisonment or<br />

both.<br />

Q: Will there be times when I will not be allowed to burn even though<br />

I have a valid permit to conduct open air burning?<br />

A: The Fire Inspector will stipulate times on the permit when burning<br />

will be allowed. However, there will be times when the Chief Fire<br />

Official deems that a ban on open air burning shall take place. This<br />

<strong>of</strong>ten happens in hot summer months when there is a burden on the<br />

municipal water supply or the onset <strong>of</strong> smog advisories and alerts<br />

or other emergency conditions where a ban is deemed necessary.<br />

Residents should contact <strong>Richmond</strong> <strong>Hill</strong> Fire & Emergency Services<br />

if they are unsure if a ban is in place.<br />

Q: Are some open air burning devices for sale in retail establishments<br />

banned for use in <strong>Richmond</strong> <strong>Hill</strong>?<br />

A: Retailers do <strong>of</strong>fer devices such as copper bowls, chimeneas, steel<br />

cages, etc., intended for use for open air burning. These devices<br />

are not banned for sale; however, the provisions <strong>of</strong> By-law 51-05<br />

stating, “A bylaw to prescribe the conditions and times for permitting<br />

open air burning” may dictate that these devices may not be able<br />

to be used for open air burning on your specific property. If you<br />

are in doubt whether you will be able to use these devices on your<br />

property, please contact the Fire Prevention Division for advice prior<br />

to purchasing these products.<br />

Q: How do I dispose <strong>of</strong> yard waste that I might otherwise have burned?<br />

A: The <strong>Town</strong> collects yard waste as part <strong>of</strong> its waste management<br />

program. For information on the pick-up date in your neighbourhood,<br />

please refer to the Waste Management Calendar, which was<br />

delivered to your home and is also available on the <strong>Town</strong>’s Website<br />

a <strong>Richmond</strong><strong>Hill</strong>.ca. If you have any questions about yard or other<br />

waste disposal, call the Operations Centre at 905-884-8013.

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