MUNICIPALITY OF SHAWVILLE

BY-LAW NUMBER 432-2017-002

TO AMEND BY-LAW 432,431,393 AND 299

BY-LAW CONCERNING FIRES

WHEREAS   the Council of the Village of Shawville deems it advisable to adopt a by-law to set the conditions concerning fire in the municipality.

WHEREAS   notice of motion was given by Councillor Bill McCleary at a meeting of the Council held May 23, 2017.

BURNING PERMITS – OPEN FIRES

WHEREAS   no burning permits will be issued from May 1 to September 30, unless prior approval has been granted by the Fire Department;

WHEREAS   a burning permit is good for 7 consecutive days;

WHEREAS   a burning permit may be refused if climate conditions or site of fire may not be suitable for burning;

WHEREAS   this permit does not allow you to burn anything but unprocessed wood.  Not allowed i.e. furniture, appliances, carpet, shingles, tires, mattresses, etc;

WHEREAS   all burning permits are numbered sequentially;

WHEREAS   it is prohibited to start an open fire in the Municipality of Shawville without a burning permit that has been obtained from the Municipality and the permit holder must agree to notify the Shawville /Clarendon Fire Department before he or she lights the fire;

WHEREAS   the fire must be a minimum of 4 meters (12 feet) from any combustible material – i.e. buildings, fences, trees, hedges and also from property lines and roads;

WHEREAS   “Nuisance” (S.Q. 2011-02)

Excessive smoke or smell from the fires is not allowed;

WHEREAS   Fires burning out of control will be the responsibility of the permit holder and total extinguishing costs will be charged;

WHEREAS   The owner or occupant of any land on which a fire is ignited or originates shall be deemed to be the person responsible for setting such fire and shall incur the penalties provided for such offence, unless said person is able to prove, to the satisfaction of the court, that such fire was not ignited by him or herself nor anyone employed or under his control;

WHEREAS   “Out of Control Fires” (S.Q. 2011-02)

Out of control fires are subject to a fine of $100.00 and the total costs of extinguishing the fire i.e. – a truck cost of $150.00 per hour and manpower charges per hour for as many as 20-30 firefighters @ 2hr. minimum call in.  Minimum fire calls usually exceed $1,000.00 (One thousand dollars);

WHEREAS   No Permits will be issued when:

  1. The fire danger is rated high due to weather conditions;

b)  There is a danger to neighbouring properties;

c)  The Municipality and/or Fire Department feels that the fire danger is too high for any other reason;

WHEREAS             Permits may be revoked at any time.

CONTAINED FIRE PITS WITH A PROTECTIVE SCREENED-IN APPLIANCE

WHEREAS   screened appliance must be made of non-combustible materials;

WHEREAS   fires must be contained in the appliance;

WHEREAS   volume of material burning shall not exceed 24x24x24 inches (60x60x60cm);

WHEREAS   appliance must be attended at all times;

WHEREAS   appliance must be located on a non-combustible surface extended beyond the appliance to the dimension equal to the height of the appliance;

WHEREAS   appliance must be a minimum of 3 meters (9 feet, 9 inches) from any combustible material – i.e. buildings, fences trees, and also from property lines and roads;

WHEREAS   if the top of the appliance is made of screen, the screen has to be small enough to act as a spark arrest;

WHEREAS   you are only allowed to burn unprocessed wood;

WHEREAS   “Nuisance” (S.Q. 2011-02)

Excessive smoke or smell from the fires is not allowed;

WHEREAS   fires burning out of control will be the responsibility of the permit holder and total extinguishing cost will be charged to him;

WHEREAS   The owner or occupant of any land on which a fire is ignited or originates shall be deemed to be the person responsible for setting such fire and shall incur the penalties provided for such offence, unless said person is able to prove, to the satisfaction of the court, that such fire was not ignited by him or herself nor anyone employed or under his control;

WHEREAS   “Out of Control Fires” (S.Q. 2011-02)

Out of control fires are subject to a fine of $100.00 and the total costs of extinguishing the fire i.e. – truck cost of $150.00 per hour and manpower per hour to as many as 20-30 fire fighters @ 2hr. minimum call in. Minimum fire calls usually exceed $1,000.00 (One thousand dollars).

THEREFORE Article 3 COMING INTO FORCE

This By-Law shall come into force according to Law.

By-Law number 432-2017-002 was read and adopted on a motion by Bill Hobbs, seconded by Bill McCleary, this 13th day of June, 2017.

By-Law number 432-2017-002 was adopted as read at a regular meeting of Council held June 13, 2017 and will come into force according to law.

______________________    ____________________________

Sandra Murray                           Crystal Webb  

Mayor                       Assistant Secretary-Treasurer

CERTIFICATE OF PUBLICATION

     I, the undersigned, residing at 386 Birch Street, Shawville, Quebec, do hereby certify under my oath of office, that I have published the public notice concerning By-Law No. 432-2017-002 by posting two copies thereof, at the places designated by the Council between the hours of two and four o’clock in the afternoon, on the 15th day of June 2017.

     In testimony whereof, I give this certificate of publication on this 15th day of June two thousand and seventeen.

_____________________________

Crystal Webb

Assistant Secretary-Treasurer