Open air burn by-law
The Town of Amherstburg has had an open air bylaw since 1998. This bylaw has been repealed and replaced with By-Law 2018-01. The new open air burning bylaw now contains provisions for two types of permits.
- An Open Air Burn Permit, and
- A Special Event Permit
The new bylaw will continue to allow cooking fires without permit but will now also authorize campfires, recreational fires and the use of fire pits and approved burning devices such as chimineas under specific conditions as set out in the bylaw.
How to obtain a burn permit for an open air fire:
If you are planning an open air fire, a permit is required to be completed and submitted to the Finance Department at Town Hall along with the $25.00 non-refundable application fee. A site inspection will be scheduled by Amherstburg Fire Department to determine if the location of the burn meets the requirements of the bylaw.
Before the inspection takes place, please ensure the following steps have been taken:
- Ensure all requirements of the bylaw regarding distances from structures, fences, etc. have been met
- The fire pit or device is set up in the desired location.
- If you are renting the property, written permission from the owner of the property is required to be submitted with the application.
Things to Consider
As you sit around your open air fire enjoying your evening, the smoke from your fire should not be a nuisance to your neighbours. If there are complaints from neighbours in regard to smoke crossing over into their property, your fire may be required to be extinguished by the Amherstburg Fire Department.
All OPEN AIR FIRE PERMIT CONDITIONS
The Permit Holder shall comply at all times with the Fire Protection and Prevention Act and all other applicable municipal by-laws, provincial and federal laws.
A Permit for an Open Air Fire is not transferable to another person or to a new location.
No Permit Holder shall set or maintain an Open Air Fire unless the Permit Holder:
- Receives permission on the day of the proposed fire;
- 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 readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
- Prior to leaving the site, the Open-Air Fire shall be completely extinguished, except for: Farm Operations Fires (e.g. Land Clearing operations).
- Produces his or her Permit upon being so directed by the Fire Chief or designate;
- Has equipment capable of extinguishing the fire such as rakes, shovels, or water immediately available for use at the site of the Open Air Fire;
- Immediately extinguishes the Open Air Fire upon so ordered by the Fire Chief or designate;
- Burns from sunrise to sunset on any day with the exceptions of Campfires and Outdoor Fireplaces;
- Burns only combustible materials or fuel permitted by the Bylaw
- Complies to any additional conditions to a Permit imposed by the Fire Chief;
OPEN AIR PERMIT CAMPFIRE CONDITIONS
No Permit Holder shall set or maintain a Campfire unless the Permit Holder:
- Burns only dry firewood;
- Ensures the campfire does not exceed 1 metre in width at the largest point or is piled higher than 1 metre in height;
- Ensures the campfire is located at a distance of not less than 15 m from any building, hedge, fence, lot line, highway, overhead wiring or other combustible material;
- Ensure the campfire is located a distance of not less than 10 m from any building, hedge, fence, lot line, overhead wiring or other combustible material or a highway where the campfire is surrounded by non-combustible material to a minimum height of 40 cm.
OPEN AIR PERMIT OUTDOOR FIREPLACE CONDITIONS
No Permit Holder shall set or maintain an Outdoor Fireplace unless the Permit Holder:
- Ensures the Outdoor Fireplace fire is located at a distance of not less than 5 m from any building, hedge, fence, lot line, highway, overhead wiring or other combustible material or in accordance with manufacturer or listing agency (i.e ULC, Warnock Hersey) recommendations