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Outdoor Burning By-law
1.0 Authority
Sections 172(a),(b), and (d) of the Municipal Government Act provides municipalities with
the power to make by-laws respecting the health, well-being, safety and protection of
persons, the safety and protection of property, and activities that may cause nuisances
including burning, odours, and fumes.
2.0 Definitions
In this By-law, the following definitions shall apply:
a) "Acceptable Fire Pit" means an outdoor receptacle open to the sky that:
i.
Is designed to contain fire and prevent it from spreading
ii.
Is constructed on all sides, including the bottom, from heavy gauge
materials 4mm in thickness or greater, such as metal, bricks, concrete
blocks, or other suitable non-combustible components
iii.
Has a steel spark arrestor or screen with a standard mesh opening of
no greater than 1.25cm that fully covers the receptacle's opening;
iv.
Is encircled by a border or sand, gravel, or paving stones a minimum of
39cm (15") in width
v.
Is no larger than 77cm (30") in any internal dimension
b) "Barbeque" means any appliance used for the purpose of cooking food outdoors,
normally fuelled by liquefied petroleum gas, natural gas, compressed briquettes,
or charcoal.
c) "By-law Enforcement Officer" means the By-law Enforcement Officer of the Town
of Mahone Bay.
d) Combustible means able to catch fire and burn easily, such as buildings, trees,
lumber, and/or yard waste.
e) "Council" means the Council for the Town of Mahone Bay.
f) "Fire Chief" means the Chief of the Mahone Bay and District Fire Department.
g) "Garden and Yard Waste" means any shrubbery, tree prunings, leaves, brush,
weeds, grass, roots, tree stumps, turf, or similar vegetation.
h) "General Waste" means any rubbish, garbage, non-wooden material, packaging,
containers, bottles, cans, rags, clothing, petroleum products, manure or sewage.
i) "Hazard" means a risk of damage or nuisance which may be caused by the
burning of any general waste and which may adversely affect property and/or
persons.
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j) "Non-designated material" means tires, waste dangerous goods as defined in the
Dangers Goods Management Regulations pursuant to the Environment Act, Stats.
NS, 1994-1995, c.1, and amendments thereto; used oil as defined in the used oil
regulations pursuant to the Environment Act, supra; railway ties or other wood
treated with preservative; material containing rubber or plastic; painted wood;
garbage, food products; organics such as animal remains.
k) "Nuisance" means the causing of any smoke or other emission from any fire
permitted under this By-law or otherwise that adversely affects the reasonable
enjoyment by other persons of their property.
l) "Open-Air Fire" means any fire located anywhere on a property which is not within
an acceptable fire pit or an outdoor burning appliance, or any appliance that is not
C.S.A. or U.L.C. approved. This does not include burning for Emergency Service
Training.
m) "Outdoor Burning Appliance" means an appliance such as a chiminea or
commercially manufactured burning appliance constructed from a suitable fire-
resistant material with minimal capacity intended to burn small quantities of dry
firewood. The use of an outdoor burning appliance is for recreation purposes only.
An outdoor burning appliance must be fitted with a spark arrestor with a standard
mesh opening of no greater than 1.25cm (0.5") in any direction. The size of the
firebox in an outdoor burning appliance shall not be larger than 76 cm (30 inches)
in any direction. An outdoor wood burning appliance does not include an outdoor
wood burning furnace.
n) "Regional Emergency Management Organization" means the Regional
Emergency Management Organization, as established for the Town, under the
provisions of the Town of Mahone Bay Regional Emergency Management By-law.
o) "Town" means the Town of Mahone Bay.
3.0 Outdoor Fires Prohibited
1. No person shall be permitted to have an open-air fire within the Town without a
signed notice of approval from the By-law Enforcement Officer or the Fire Chief.
2. No person shall be permitted to have an outdoor fire within the Town unless
contained in an acceptable fire pit or permitted under 4.1 or 4.2.
3. No person shall be permitted to burn non-designated material, general waste, or
garden and yard waste on any lands within the Town.
4. No person shall be permitted to operate an outdoor fire in Mahone Bay when a
Provincial Authority issues a ban on open fires that includes Lunenburg County.
5. No person shall ignite a fire when the weather conditions may jeopardize the
ability to contain or control the fire.
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4.0 Outdoor Fires Permitted
1. A person shall be permitted to cook food using a barbeque or other food
preparation appliances designed for outdoor uses.
2. A person is permitted to use an outdoor burning appliance in accordance with the
following regulations:
a. The construction and/or manufacturing instructions must be followed;
b. Only dry, seasoned firewood shall be used, notwithstanding the use of
charcoal in barbeques;
c. The fire does not create a nuisance;
d. A responsible adult is present on the property while the fire is burning and
until the fire is extinguished;
e. A fire extinguisher, or other means of extinguishing a fire, acceptable to the
By-law Enforcement Officer, Fire Chief or designate, is within reasonable
distance from the location of the fire.
3. The use of an acceptable fire pit or outdoor burning appliance is limited to private
recreational enjoyment only; provided always that such use is peaceful, orderly
and does not create or constitute a nuisance.
4. The acceptable fire pit or outdoor burning appliance shall be located in excess of
4.5m (15') from any building, flammable structure, combustible material, and
property line.
5. Notwithstanding anything in 4(4) of this by-law to the contrary, an outdoor
burning appliance may be operated on a wooded deck provided it is positioned
on a CSA approved fire-proof pad that extends a minimum of eighteen 45.7 cm
(18") from where the door is located and a minimum of 20.3 cm (8") on all other
sides, it is a minimum of 2.13m (7' ) from the house and a minimum of 0.91m (3')
from any wooden surface that is not appropriately screened with a CSA approved
fire-proof material.
6. In the event of a question of the acceptability of a fire pit or outdoor burning
appliance, an Inspection may be made by the Fire Chief for the Town of Mahone
Bay or the Town of Mahone Bay By-law Enforcement Officer. Upon the completion
of Inspection, copies of the Completed Inspection Report (Appendix A) will be
provided to the property owner and the Fire Department, and the original will be
filed at the Town.
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5.0 Emergency Services Training
1. Persons or organizations may be permitted to ignite an outdoor fire providing
that:
a. The burning is for the purpose of training members of the Regional
Emergency Management Organization or the Mahone Bay and District Fire
Department
b. All Municipal, Provincial, and Federal regulations are conformed to
regarding this activity.
6.0 Offences and Penalties.
1. Any person who contravenes or fails to comply with any of the provisions of this
By-law is guilty of a summary offense and is liable, upon conviction, to the
following:
a. For a first offence, a fine of not less than Two Hundred Fifty Dollars ($250.00)
b. For a second offence, a fine of not less than One Thousand Dollars
($1,000.00)
c. For a third and subsequent offence, a fine of not less than Five Thousand
Dollars ($5,000.00)
2. In addition to any penalty imposed as a result of a guilty plea, the Town may levy a
fee for reimbursement of all expenses incurred or damages associated with the
offence.
7.0 Repeal
All previous Burning By-laws of the Town, and any amendments thereto, are hereby
repealed. This by-law shall supersede any existing clauses in respect to burning in the
Town of Mahone Bay.
8.0 Effective Date
This By-law is effective upon publication.
__________________________________
___________________________________
David W. Devenne, Mayor
Maureen Hughes, Town Clerk
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This is to certify that the foregoing is a true copy of a by-law passed at a duly convened
meeting of the Council of the Town of MAHONE BAY, held on the 8th day of September
2020.
Given under the hand of the Mayor and the Town Clerk and the seal of the Town of
Mahone Bay this 17th day of September 2020.
First Reading:
March 26, 2020
"Notice of Intent" Publication:
April 22, 2020
Second Reading:
September 8, 2020
Ministerial Approval:
N/A
Date of Publishing:
September 11, 2020
Forwarded to the Minister:
September 17, 2020
Forwarded to Town Website:
September 18, 2020
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Appendix A
Inspection Report
Fire Pit/Outdoor Fire Receptacle
Date:
_________________________________
Civic Address:
__________________________________
Inspector (print name):
___________________________________
constructed from appropriate material
heavy gauge metal 4mm in thickness or larger
bricks
concrete blocks
stone, or
other suitable non-combustible components ______________________________
Spark Arrestor
No greater than 1.25cm
Size of receptacle no greater than 76.5cm (30") in any direction
Placed on a non-combustible pad
Used for quiet enjoyment purposes only
Approved
Rejected
Reason for Refusal: ___________________________________________________________________________
_______________________________________________________________________________________________
* Inspection Report must be returned to Town Office (copies for: Property Owner, Fire
Department)
_________________________________________________
Signature of Inspector