Bylaws/Fee Schedule/Request Forms

CITY OF HAMILTON BYLAW 02 - 283
OPEN AIR BURNING BY-LAW

On October 9, 2002, Hamilton City Council passed the Open Air Burning By-law which came into force on January 1, 2003. Highlights of the By-law are as follows:

· Open air burning is permitted only in areas of the City designated as rural as per the City of Hamilton Official Plan.

· A permit is required for any Open Air Burning.

· Open Air Burning Permits cost $10 and are valid for the calendar year.

· All fires must be kept to a maximum size of 2m x 2m x 1m high (unless otherwise approved by the Chief Fire Official).

· All vegetation around the burn area must be removed to a distance that is equal to twice the height of the burn pile.

· Recreational campfires must be kept to maximum size of 0.6m in diameter and must be confined (steel tire rim, bricks, stone).

· The use of an outdoor fireplace is deemed open air burning and requires a permit (only permitted in rural areas).

· Only the burning of clean wood and brush is permitted.

· The fire must be attended to and supervised at all times.

· All fires must be completely extinguished at the end of each working/burning day. There are no set time frames as to when burning can occur.

· Equipment capable of extinguishing the fire is to be on site at all times.

· Open Air Burning must be carried out a minimum of 30m away from buildings and other combustibles.

· Open Air Burning is not permitted on days declared as Smog Alert/Advisory days.

The Open Air Burning By-law allows for the Chief Fire Official to approve burn piles that are larger than the standard size and may order conditions for those burns. For these exceptions, the main focus of Hamilton Emergency Services – Fire has been, and will continue to be, ensuring that the burn is done safely, both in terms of property protection and the safety of the individual conducting the burn. To get a permit, visit one of the three Fire Prevention Division Offices. (A permit for a larger fire cannot be obtained from a Municipal Service Centre or from firefighters in the fire stations listed). Fire Prevention Division Staff will discuss your proposal with you and will be looking for additional information such as:

· location of the fire on your property

· proximity of the fire to property lines, structures and roadways

· type of material to be burned and the number of burn piles

· method to extinguish fire

· proposed dates for the burn

· access to the burn location (if required by emergency response crews)

If necessary, Fire Prevention Division staff may conduct an inspection of the site for the proposed burn. Once an agreement has been reached, an Open Air Burning Permit will be issued along with all applicable guidelines that must be adhered to. These guidelines may be attached to the permit. 

Permits can be obtained from one of the following locations, Monday to Friday, 8:30 am – 4:30 pm:

Fire Prevention – West Office, Station 29 – 189 King Street East, Dundas

Fire Prevention – Mountain Office, Station 21 – 365 Wilson Street, Ancaster

Fire Prevention – East Office, Station 12 – 199 Highway #8, Stoney Creek,

Fire Station 12 - 199 Highway #8, Stoney Creek

Fire Station 21 - 365 Wilson Street, Ancaster

Fire Station 23 – Memorial Square, Dundas

Fire Station 24 – 252 Parkside Drive, Waterdown

Glanbrook Municipal Service Centre, 4280 Binbrook Road, Glanbrook

Ancaster Municipal Service Centre, 300 Wilson Street East, Ancaster

Dundas Municipal Service Centre, 60 Main Street, Dundas

Stoney Creek Municipal Service Centre, 777 Highway #8, Stoney Creek

Flamborough Municipal Service Centre, 163 Dundas Street (Hwy #5), Waterdown

Questions and Answers

    Q. How are the rural or urban areas of the City designated?

1. The City of Hamilton is divided into rural and urban areas as determined and set out in the Official Plan for the City of Hamilton.

17. Who is allowed to conduct open air burning?

1. Only those persons named on the burning permit can conduct open air burning

   Q. What types of materials am l allowed to burn?

   A. You can only burn clean wood and brush. Any other materials must be disposed of through regular waste pick up or taken to one of the City’s waste transfer stations

17. Can l burn material on any day that l choose and at any time of the day?

   A. Burning can take place on any day of the year unless your permit clearly specifies specific dates. The only exceptions to this are on days that are declared Smog Alert/Smog Advisory days and on days when wind conditions will cause smoke to be an annoyance to nearby roadways and properties. In the interest of public safety, the Chief Fire Official reserves the right to temporarily issue a ban on open air burning should conditions warrant such action. Burning can be conducted at any time of the day or evening. There are no set time parameters.

  Q. What can happen if l burn without a permit or violate the guidelines as identified on the permit?

  A. You can be prosecuted for failure to obtain a permit or for contravening the guidelines. In addition, failure to comply with the guidelines may result in your permit being revoked. You may also be held liable for costs incurred as the result of an emergency response.

 CITY OF HAMILTON BYLAW 02 - 285 (as amended)
FIREWORKS BY-LAW

On October 9, 2002, Hamilton City Council passed the Fireworks By-law. Highlights of the By-law are as follows:

• No person within the City shall possess, offer for sale, cause or permit to be sold, or sell any firecrackers or other prohibited fireworks.
• No person within the City shall discharge, fire, set off or cause, or permit to be discharged, fired or set off any firecrackers or other prohibited fireworks.

Sale and Possession of Family Fireworks, etc.

• No person shall offer for sale, cause or permit to be sold, sell or otherwise distribute family fireworks unless the vendor has obtained a Family Fireworks Sales Permit under this By-law and,

(a) the fireworks are included on the most recent list of authorized explosives as published from time to time by the Explosives Branch of the Department of Natural Resources (Canada), or its successor;

(b) the fireworks are displayed in a package, glass case or other suitable receptacle away from inflammable goods; and

(c) the fireworks are displayed in a place where they are not exposed to the rays of the sun or to excess heat.

• No person shall offer for sale, cause or permit to be sold, or sell family fireworks from an outdoor stand, tent, unenclosed trailer, or motor vehicle.

                                                          Trailer Sales

• A vendor applying for a Family Fireworks Sales Permit to sell family fireworks from a trailer shall provide to the City the written permission of the owner of the land on which the trailer is to be parked, together with that application.
• A Family Fireworks Sales Permit granted for the sale of family fireworks from a trailer is valid only for the sale location specified in that permit.
• A person selling family fireworks sold from a trailer shall comply with the guidelines set by the Fire Chief with respect to the sale location for which the permit has been granted.

                                             Display of Fireworks for Sale

• Fireworks displayed in any shop window shall be mock samples only that contain no explosive compound.
• No person who offers for sale any family fireworks shall, at any time, keep or permit the keeping of any family fireworks in any location in a shop or trailer unless the location is designated and posted as a “no-smoking” area.
• No person shall offer for sale, cause or permit to be sold, or sell family fireworks except on Victoria Day, Canada Day, and during the fourteen day period immediately preceding each of those days.
• No person shall offer for sale, cause or permit to be sold, or sell family fireworks to any person who is or who appears to be under the age of eighteen years.
• No person storing family fireworks for sale shall store them except as permitted under the Explosives Act.

                                               Use of Family Fireworks

• No person shall set off family fireworks except on Victoria Day and Canada Day and the two days immediately preceding and following each of those days.
• A person who has obtained a Permit to set off a public display of family fireworks as provided in this section may set off such fireworks on the day specified in that permit.
• No child shall set off any fireworks, other than a sparkler where the child is under the supervision of an adult at all times.
• No parent, guardian or person standing in the place of a parent with respect to a child shall permit that child to set off any firework, other than a sparkler where the child is under the supervision of an adult at all times.
• No person shall set off family fireworks on any land of which he or she is not the owner, without obtaining the prior written permission of the owner to do so.
• No person shall set off family fireworks into, inside of, or on any building, accessory building, structure, or motor vehicle.
• No person shall store, handle or set off family fireworks in an unsafe manner, or in a manner that creates a nuisance, taking into account the noise, danger from fire and explosion, and risk of death, injury and damage to property inherent in the storage, handling or use of fireworks.
• A person who stores fireworks shall use reasonable care to ensure that those fireworks are not accessible to children.