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TOY 79 - Open-Air Burning Bylaw
Town of Yarmouth
OPEN-AIR BURNING BYLAW
Effective: October 27th, 2021 - Amended: November 13th, 2025
TOY 79
1.0
STATEMENT
This bylaw shall be known as the "Open-Air Burning Bylaw".
2.0
PURPOSE
This Bylaw is intended to promote public health, safety and protect the welfare of the inhabitants
of the Town of Yarmouth from air pollution, nuisances and fire hazards associated with outdoor
burning, while permitting burning in Outdoor Wood Burning Appliances when appropriate
conditions are met.
3.0
DEFINITIONS
3.1
Adverse Effect includes:
a. impairment of the quality of the natural environment for any use that can be made of it
b. injury or damage to property or to plant or animal life
c. harm or material discomfort to any person
d. an adverse effect on the health of any person
e. impairment of the safety of any person
f. rendering any property or plant or animal life unfit for human use
g. loss of enjoyment of normal use of property
h. interference with the normal conduct of business
i.
nuisances including but not limited to excessive smoke, odour, dust, airborne sparks,
embers or reduced visibility on roadways or airfields.
3.2
Air Quality Advisory is a public health warning issued through the media by Environment Canada
or the Province of Nova Scotia during periods of deteriorated air quality due to smog or if
standards for ozone or fine particulate matter are exceeded.
3.3
Clean Dry Wood means firewood and wood waste that has been allowed to dry. "Dry" means
moisture content less than 20 per cent.
3.4
Fire Chief means the Fire Chief of the Yarmouth Fire Department or a person designated by the
Fire Chief.
3.5
Open Burning or Open-Air Burning means any fire or burning practice that is conducted outside
a building, but does not include the following:
a. the operation of welding or similar equipment
b. the operation of a coal or wood-fired locomotive or boat
c. an appliance which is fueled by natural gas, propane, charcoal, briquettes, including but
not limited to a manufactured or non-manufactured barbeque, fireplace or fire pit
TOY 79 - Open-Air Burning Bylaw
d. burning of materials for fire suppression training, testing of firefighting equipment or law
enforcement purposes.
3.6
Outdoor Wood Burning Appliance means a: manufactured wood burning appliance designed to
hold a small fire, not exceeding one metre (3.2 feet) in any direction, equipped with a spark
arrestor screen with no opening larger than 9.7mm (3/8 inch) to prevent sparks from leaving the
appliance, which may include site-built masonry fireplace, fire pit, chimenea, clay or metal
fireplace, portable wood-burning devices used for outdoor recreation or heating, or other
enclosed container used outdoors and not fuelled by natural gas or propane; but does not include
pellet fuelled barbeques or industrial 'wood-waste' combustors..
3.7
Owner means the person who owns the property on which an Outdoor Wood Burning Appliance
is installed.
3.8
Waste includes garbage or refuse materials from residential, commercial, agricultural, industrial,
or institutional establishment.
3.9
Wood waste means, tree trunks, tree branches, brush, or wood products that do not contain:
a. chromated copper arsenate, ammoniacal copper arsenate, pentachlorophenol, creosote,
pesticides, or paint
b. easily removable hardware, fittings and attachments, unless they are predominantly
wood or cellulose
c. plywood or composite wood products containing varnish or glue
d. an upholstered article
e. an article to which a rigid surface treatment is affixed or adhered, unless the rigid surface
treatment is predominantly wood or cellulose.
4.0
APPLICABILITY
This Bylaw applies to all outdoor open-air burning within the Town of Yarmouth except:
a. Grilling or cooking using charcoal, wood pellets or propane in cooking or grilling
appliances, including barbeques.
b. Use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for
heating, construction or maintenance activities.
c. Emergency safety/signaling flares or industrial flares used for the combustion of
flammable gases.
d. Burning of materials for law enforcement activities as authorized by the local authority or
other law enforcement authority.
e. Burning of explosive or dangerous material by police or other public safety organization
for which there is no other safe means of disposal.
5.0
GENERAL PROHIBITION OF OPEN-AIR BURNING
5.01
Open-air burning is prohibited in the Town of Yarmouth unless the burning is specifically
exempted in this bylaw.
TOY 79 - Open-Air Burning Bylaw
5.02
Open-air burning in an Outdoor Wood Burning Appliance may be permitted in the Town of
Yarmouth, in accordance with all of the following provisions:
a. Every owner of an Outdoor Wood Burning Appliance shall obtain an annual fire permit
from the Fire Chief prior to burning.
b. The Outdoor Wood Burning Appliance shall be located at least 4.6 meters (15 feet) from
any nearby structure.
c. The Outdoor Wood Burning Appliance shall not be located in a front yard, and shall be at
least 4.6 meters (15 feet) from any property boundary line.
d. The Outdoor Wood Burning Appliance shall be located at least 4.6 meters (15 feet) from
any forest or dry vegetation.
e. The Outdoor Wood Burning Appliance shall not be used to burn Waste.
f. The Outdoor Wood Burning Appliance shall burn only Clean Dry Wood.
g. The Outdoor Wood Burning Appliance shall not be placed on wood decks, used on or in
enclosed patio decks, or under overhangs.
h. A spark arrestor screen shall be used at all times while burning in an Outdoor Wood
Burning Appliance.
i.
The Outdoor Wood Burning Appliance's manufacturer instructions are followed.
5.03
No person conducting open-air burning shall create an Adverse Effect.
5.04
Notwithstanding any of the provisions of this bylaw, if at any time in the opinion of the Fire Chief,
it is necessary for the prevention of fire spreading or nuisance, that any fire should be
extinguished, the person responsible for, or in charge of, or on whose property the fire is located,
shall forthwith extinguish the fire on notice of the Fire Chief to do so, or the Fire Chief may take
such steps as he/she deems necessary to cause any such fire to be extinguished forthwith.
5.05
No open-air burning shall be undertaken during periods when Environment Canada or Nova Scotia
Environment have issued an Air Quality Advisory applicable to the area, and no burning shall take
place if it is foggy.
5.06
Daily Restrictions: The Fire Chief or Nova Scotia Lands and Forestry may declare a burn restriction
such as a Fire Ban or No-Burn Day against outdoor burning when atmospheric conditions or local
circumstances make such fires hazardous, including the discharge of fireworks. The public shall
be notified daily, whether a burn restriction is in effect on the Town of Yarmouth website, and
such other means as the Fire Chief may deem advisable.
5.07
Open-air burning must not be started any earlier than 7:00pm Monday to Friday, and not earlier
than 2:00pm on weekends or holidays, or such other time as determined by the Fire Chief, and
be extinguished by 12:00am (midnight).
5.08
No burning shall take place when wind speeds are 20km/h or higher.
5.09
No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake,
pond, stream or body of water.
5.10
Open-air burning shall be constantly attended and supervised by a competent person of at least
eighteen (18) years of age to ensure that the fire is kept under control. The person shall have
TOY 79 - Open-Air Burning Bylaw
readily available for use such fire extinguishing equipment as may be necessary for the total
control of the fire.
5.11
Prior to leaving the site, the open-air burn shall be completely extinguished by soaking the
material with water. Ashes from the open-air burn shall be cold prior to the site being vacated.
5.12
No person shall allow or permit a fire to spread beyond an approved Outdoor Wood Burning
Appliance.
5.13
No property shall be permitted for more than one Outdoor Wood Burning Appliance.
6.0
OPEN-AIR BURNING OF WASTE
Open-air burning of waste from residential, commercial, agricultural, or industrial establishment
is prohibited in the Town of Yarmouth.
7.0
FIRE EXTINGUISHING
Open-Air fires shall forthwith be extinguished when atmospheric conditions cause any or all of
the following:
a. The possible spread of the fire beyond the Outdoor Wood Burning Appliance
b. Any odour to such an extent or degree so as to cause discomfort to the persons in the
immediate areas
c. Excessive smoke
d. A decrease in the visibility on any highway, roadway or airfield
e. Any other adverse effect.
8.0
FIRE PERMITS, COMPLAINTS AND ENFORCEMENT
8.1
No person shall light or be in charge of an open-air burning fire, or be the owner of a property on
which an open-air fire occurred, without first obtaining a permit issued by the Fire Chief.
8.2
Fire Permits may only be issued in the name of the property owner.
8.3
No more than one fire permit shall be granted per property.
8.4
A burning permit issued under this section shall require compliance with all applicable provisions
of this bylaw and any additional special restrictions deemed necessary to protect public health
and safety.
8.5
When weather conditions warrant, the Fire Chief may temporarily suspend issuing burning
permits and may temporarily suspend previously issued burning permits for open-air burning.
8.6
Any violation of the conditions of a burning permit shall be deemed a violation of the Open
Burning Bylaw. Any violation of this bylaw or the burning permit shall void the permit.
9.0
RESPONSE TO COMPLIANTS
9.1
The person responsible for an open-air burn shall make a reasonable effort to respond to local
resident complaints received about smoke issues.
TOY 79 - Open-Air Burning Bylaw
9.2
The person responsible for conducting an open-air burn shall extinguish the fire if it creates an
adverse effect at any time.
9.3
If the Town of Yarmouth receives complaints about an open-air burn, a Municipal Bylaw
Enforcement Officer or other Authority may enter the land to inspect and extinguish the fire.
10.0
INSPECTIONS AND ENFORCEMENT
10.1
A Bylaw Enforcement Officer, or other Local Authority, may enter on land at any reasonable time
for the purpose of carrying out an inspection to determine whether this bylaw or an Order to
Discontinue Activity is being complied with.
10.2
The Bylaw Enforcement Officer or other Local Authority may order the owner to extinguish any
open-air burn at any time and the owner shall extinguish the fire; or the Local Authority or his
designate may take the necessary steps to do so.
11.0
LIABILITY
11.1
Any person who fails to comply with a permit issued hereunder or any other provision of this
bylaw shall be liable to a penalty of not less than two hundred and fifty dollars ($250.00) and not
more than ten thousand dollars ($10,000).
11.2
In addition to any fine or imprisonment imposed, the Court or Judge may order the person
convicted to pay all expenses incurred in correcting the contravention of the bylaw or any
damages associated with such contravention.
11.3
Where any person is in contravention of any provision of this bylaw, the Fire Chief may direct in
writing that the contravention be remedied in the manner and within the time specified.
11.4
Upon the failure of the person to comply with such notice, the Fire Chief may order the remedy,
and recover the cost of such work from the property owner.
11.5
The Town's cost to remedy the contravention pursuant to any provision of the bylaw shall
constitute a lien against the property owner which shall be applied and enforced in the same
manner as for rates and taxes under the Municipal Government Act.
Clerk's Annotation for Official Bylaw Book
Date of Adoption: October 14th, 2021
Date of Approval of Amended Bylaw: November 13th, 2025 (Removal of permit fee)
I certify that this 'Open-Air Burning Bylaw' was adopted by Council as indicated above.
Town Clerk: Date:
TOY 79 - Open-Air Burning Bylaw
Adopted
Date of First Reading
September 9th, 2021
Notice of Intent to Consider
September 22nd & 29th, 2021
Date of Second Reading
October 14th, 2021
Date of Publication
October 27th, 2021
Amended
Date of First Reading
July 10th, 2025
Notice of Intent to Consider
July 28th, 2025
Date of Second Reading
November 13th, 2025
Date of Publication
November 27th, 2025