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Copyright © 1993: City of St. John's,
St. John's, Newfoundland, Canada
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BY-LAW NO. 1306
AMENDMENT NO. 1358, 1498, 1508 & 1575
OPEN AIR FIRE REGULATIONS
PASSED BY COUNCIL ON May 03, 93


Under and by virtue of the powers conferred by Section 340.4 of the City of St. John's Act, Chapter C-17 of the 1990 Revised Statutes of Newfoundland, the St. John's Municipal Council in regular session convened on this 3rd day of May, A.D., 1993, hereby passes and enacts the following for the purpose of prohibiting open air fires in the City of St. John's except in accordance with these regulations:
REGULATIONS

1. These regulations may be cited as the St. John's Open Air Fire Regulations.

2. In these regulations:

(a) "City" means the City of St. John's;

(b) "Open Air Fire" does not include any fire which is caused, set, lit or otherwise ignited in open air fireplaces, grills or barbecues on private property, but does include fireworks displays; (Amended 09/11/2006; #1498)

(c) "Chief" means Chief of the St. John's Regional Fire Department;

(d) "Fire Department" means the St. John's Regional Fire Department;

(e) "Permit" means permit for an open air fire.

3. No person or persons shall cause, set, light or otherwise ignite an open air fire within the boundaries of the City without first applying for and obtaining a permit from the Chief of the St. John's Regional Fire Department.

3.1 (1) Open air fireplaces, grills and barbecues are permitted where:

(a) only seasoned wood is used,
(b) wind speeds are not in excess of 25 km per hour, and
(c) smoke does not cause an annoyance to adjacent properties.

(2) Open air fireplaces shall be:

(a) installed in accordance with the manufacturer’s installation instructions, if supplied,

(b) located at least 3 meters from any building, structure or combustible material,

(c) capable of completely containing/enclosing the fire,

(d) equipped with a spark arrester and/or screen to prevent escape of sparks and/or burning embers,

(e) placed on a firm and level surface which has a non-combustible base beneath it, a minimum of 0.5 m completely outside the perimeter of the unit, and

(f) attended by someone with access to a fire extinguisher, bucket of water or another water source while operating.
(Amended 09/11/2006; #1498)

3.2 (a) Notwithstanding sections 3 and 3.1 herein, where a prohibition on the setting of fires in relation to forest lands within or adjacent to the boundary of the City of St. John’s has been proclaimed pursuant to section 99 of the Forestry Act, RSNL 1990 c. F-23, as amended, and remains in effect, no person or persons shall cause, set, light or otherwise ignite an Open Air Fire, or any fire in an open air fireplace or any other outdoor wood or gas burning unit within the boundaries of the City. (Amended 05/19/2015; #1575)

(b) The prohibition as set forth in section 3.2(a) shall not extend to the use of outdoor, propane or charcoal grills or barbeques for cooking purposes.” (Amended 05/19/2015; #1575)

4. A permit shall be in the form prescribed in Schedule "A" to these regulations and may be issued by a member of the Fire Department or other person authorized by the Chief.

5. The Chief, a member of the Fire Department, or a person authorized by the Chief may include in a permit those terms and conditions that he or she considers appropriate or may refuse to issue.

6. A permit may, by oral or written notice be cancelled or suspended at any time by the Chief, a member of the Fire Department or a person authorized by the Chief and upon receiving notice of a cancellation or suspension, the permit holder shall immediately extinguish any fire caused, set, lit or otherwise ignited under the permit.

7. The holder of a permit who causes, sets, lights or otherwise ignites an open air fire shall take every reasonable and reasonably foreseeable precaution to prevent the fire from spreading and shall not leave the fire unattended until it is extinguished.

8. The possession of a permit does not discharge the person to whom it is issued from responsibility for damage resulting from an open air fire caused, set, lit or otherwise ignited by that person.

9. A person to whom a permit is issued shall keep a copy of the permit on the site where the burning is taking place.

10. Any person who contravenes the provisions of these Regulations shall be guilty of an offence and liable upon summary conviction to a penalty as provided for in Section 403 of the City of St. John’s Act, or where a violation notice is issued, to a penalty as provided for in Section 403.2 of the City of St. John’s Act. (Amended 11/05/2007; #1508)

11. In the event of any person failing to do anything which under these Regulations he or she ought to have done, the Fire Department may do that act and recover the expenses thereof from the person so in default as a civil debt.

CITY OF ST. JOHN'S

No. Place:
Date:

PERMIT FOR OPEN AIR FIRE
(Issued Under The City of St. John's Open Air Fire Regulations)


This permit authorizes (name) of (address)
(telephone)
to burn/to have a fireworks display (combustible)
on City land/private land at (place of fire or display)
between the day of 19 and the day of 19 both days inclusive/between o'clock .m. and o'clock .m. on the day of 19 .

ISSUED BY:
on behalf of the
Chief of the St. John's Regional Fire Department


CONDITIONS


1. The permittee shall have at the location of the fire person(s) and fire fighting equipment as follows:



2. The permittee shall stack all bush, debris, or other flammable material/combustible a distance of at least metres from any uncleared lands, woodlands, adjacent buildings or structure, grasslands or
.
3. The fire shall not exceed square meter(s).

4. No more than fire(s) shall be burning at any one time.

5. The fire shall be, at all times, no less than a distance of meters from any uncleared lands, woodlands, adjacent buildings or structures, grasslands or
.
6. The permittee shall not leave any fire unattended until it is extinguished.

7. The permittee shall not set or permit a fire to burn during periods of high or extreme Fire Weather Index or in winds over kilometres per hour.

8. Under no circumstances does this permit relieve the permittee of liability for injury, loss, damages, costs or otherwise which may be caused by fire(s) lit under this permit.

9. This permit may be cancelled or suspended at any time by the Chief of the St. John's Regional Fire Department, a member of the Fire Department or a person authorized by the Chief.

10. A person who fails to comply with the provisions and conditions of this permit is guilty of an offence contrary to Section 10 of the City of St. John's Open Air Fire Regulations.

11. A copy of the permit for open air fire is to be on site where the burning is taking place and must be shown when requested by a member of the St. John's Regional Fire Department.

12. This permit is not transferable or otherwise assignable by the permittee.

13. Other conditions as follows:

(a)

(b)

(c)

(d)

(e)





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