By Dan Singleton
MVP Staff
Following a council vote on Sept. 11, Mountain View County has a new fire bylaw, which includes a requirement for anyone selling or using fireworks anywhere in the municipality to first obtain a permit.
It also includes a permit requirement for open fires, with exemptions including for campfires and cooking fires in acceptable pits.
Bylaw No. 11/13 also sets out rules and regulations for fireplaces, burning barrels, barbecues, burnable debris, fire bans and other things.
The new bylaw brings all the county's previous fire bylaws into one piece of legislation. It also brings the county into compliance with overriding provincial legislation such as the Fire and Prairie Protection Act.
“We are bound by provincial rules and we certainly want to deal with issues where there is significant public safety issues,” Reeve Bruce Beattie told the Gazette. “So when there is the need for fire bans and partial fire bans we need to have regulations in place to deal with those issues.
“Whether it's our responsibility for dealing with people having their own fireworks or lighting fires for rubbish and so forth, that's a whole different issue, but we need to follow the fire protection acts that are in place from the province.”
Regarding fireworks, the bylaw states that “no person shall possess, handle, discharge, fire or set off low hazard fireworks or high hazard fireworks in the county without first obtaining a fireworks permit from the county.”
The bylaw establishes two classifications of fireworks: low hazard, which include consumer fireworks sold to the public, and high hazard, which require a qualified pyrotechnician.
Under the bylaw the county's CAO may “impose such conditions and restrictions on the fireworks permit as he deems appropriate, in his absolute discretion, which conditions and restrictions may include, but are not limited to requirements to notification of affected residents, on-site fire suppression materials and resources, and safety precautions to mitigate danger or nuisance to any person or property.”
The CAO can terminate or suspend any previously issued fireworks permit, including for “changes in environmental conditions.”
It is unlawful to set off fireworks “in a place or in a manner that creates a danger or constitutes a nuisance to any person or property.”
No person who is under 18 years of age may “purchase, possess, handle, exchange, discharge, fire or set off fireworks.”
As well, retailers are now required to have written permission from the county to store, display and sell fireworks.
Notices acceptable to the county must be posted at the sales outlet outlining the manufacturer's instructions for the safe use of fireworks.
A record for each sale must be kept on the premises where the sale occurs for a period of not less than two years following the date of sale.
Regarding fire permit requirements, the bylaw states that between April 1 and Oct. 31, all fires in the county, unless specifically exempted by the bylaw, shall require a fire permit pursuant to the bylaw.
“No person shall ignite or maintain an open fire or any other fire upon land owned, occupied or under his control within the county, unless a fire permit has been obtained, the conditions of the fire permit are complied with, and burnable debris is burned,” section 11.01 reads.
Fires exempted under the bylaw include cooking food using a barbecue, recreational campfires or cooking of food in an acceptable firepit or acceptable fireplace, fires that are fuelled by compressed gas, and fires that are comparable to recreational fires used for agricultural purposes (ie: small fires used for branding or disposal of small amounts of burnable debris).
Fire permit applications may be made in person, electronically or via telephone. Permits are free of charge.
“We want it to be as easy as possible to obtain fire permits,” said Reeve Beattie.
Under the bylaw acceptable firepits must now meet a number of specifications, including having “a minimum of three metres clearance, measured from the nearest firepit edge to the nearest edge of building, property line or combustible material; a height not exceeding 0.6 metres when measured from the surrounding grade to the top of the pit opening; enclosed sides made of bricks, concrete blocks, heavy gauge metal or other non-combustible materials; and not located over any underground utilities or under any above ground wires.”
Acceptable burning barrels must have a minimum of three metres clearance measured from the nearest edge to a building, property line or combustible materials; be equipped with a mesh screen with openings small enough (no larger than six millimetres) to act as a spark arrestor; be constructed of non-combustible material; and not be located over any underground utility services or under above ground wires.
• Barbecues means any appliance sold or constructed for the purpose of cooking food in the outdoors and may be fuelled by any source.
First offence penalties under the bylaw include $250 for setting off fireworks in a manner that creates a danger or constitutes a nuisance to any person or property, and $500 for letting a fire burn out of control so as to threaten or cause damage to adjacent property.
