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Fire Safety Commission Decision Summary

DECISION NO. 2002A006-135
Date:  June 26, 2002


SUBJECT MATTER

An Order was issued on a farm property due to proposed open burning of piles of brush and tree limbs that could create a fire hazard to adjacent properties, building and roadways. The Order required that burning be carried out only under the following conditions:

  1. The fire is to be attended and supervised at all times.
  2. All fires are to be completely extinguished at the end of each working/burning day.
  3. Burning is not to take place when winds will cause smoke to be an annoyance to nearby property or roadways.
  4. All fires must be kept to a maximum size of 2m x 2m x 2m in height.
  5. Only the burning of brush and tree limbs is permitted.
  6. Equipment capable of extinguishing the fire any time conditions warrant it, is to be on site at all times burning is carried out (i.e. portable fire extinguishers, garden hose, portable pump and hose, bobcat etc.)
  7. The owner must contact the Ministry of Environment and comply with the Environment Protection Act.
  8. Open air burning shall not be carried out on Smog Alert days as declared by the municipality.
  9. No more than three piles at the current locations to be burned at a single time.
  10. An area of 3 m is to be cleared of all vegetation around the perimeter of each of the piles.


GENERAL DESCRIPTION OF PREMISES

The property is approximately 4 hectares (10 acres) in size and previously occupied as an orchard. The trees have been cut down and the useable timber has been removed from the site. Tree stumps and brush remain on site. The property owner wishes to burn this waste material to prepare the land for farming operations.

Three piles have been prepared for burning. Piles dimensions were identified by the fire department as:

Pile 1 is separated from Pile 2 by approximately 232 m. Pile 3 is separated from Pile 2 by approximately 30 m. No pile is within 90 m of any building. A line of trees is located approximately 122 m south of Pile 3.

Fire hydrants are located adjacent to the north property line, which is at least 213 m from the nearest pile. The fire department station is located approximately 3.2 km away. The adjacent property to the southwest has a garden hose of sufficient length to reach the barn on that property. The tenant indicates that he has debris-moving equipment capable of limiting fire spread on site. There is no fire safety plan.


REASON FOR APPEAL

The owner appealed to the Commission on the grounds that farming operations are exempt from the provisions of the Fire Code and the Fire Protection and Prevention Act, and the local municipality has no jurisdiction to legislate by way of a by-law, where a farming operation is exempt from the Fire Code.


APPELLANT'S POSITION

The owner presented evidence that farm operations are exempt from the Fire Protection and Prevention Act and the Fire Code and therefore, the ten conditions as stated on the Order do not apply.


RESPONDENT'S POSITION

The respondent presented evidence that open air burning is governed by the Fire Code and Fire Protection and Prevention Act, and the conditions set out in the order are supported by the Fire Marshal's Communiqué dated December 17, 1996 on open air burning.


COMMISSION RULING

The Commission upheld the Order.


REASONS

The Tribunal accepts that section 21(1)(f) of the Fire Protection and Prevention Act, S.O. 1997 does apply.