Annapolis Royal, Nova Scotia - Where History Meets Opportunity

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Phone: 902.532.2043

Outdoor Fires

Please download the Burning Permit Application Here.

Authority

Sections 172 (a), (b), and (d) of the Municipal Government Act provides municipalities with the power to make by-laws respecting the health, well-being, safety and protection of persons, the safety and protection of property, and activities that may cause nuisances including burning, odours and fumes.

Fire Safety Act

Interpretation

In this by-law:

  • “Acceptable Fire Pit” means an above ground, outdoor receptacle which is constructed from bricks, concrete blocks, heavy gauge metal, stone or other suitable non-combustible components, has a maximum dimension of three (3) feet by three (3) feet (excluding chimney) and has a spark arrestor or metal mesh screen.
  • “Council” means the Council for the Municipality of the Town of Annapolis Royal.
  • “Emergency Management Organization” means the Regional Emergency Management Organization, as established for the Town, under the provisions of the Regional Emergency Management By-law for the Town of Annapolis Royal.
  • “Fire Chief” means the Fire Chief/designate of the Annapolis Royal Volunteer Fire Department.
  • “Garden and Yard Waste” means any shrubbery, tree prunings, leaves, brush, weeds, grass, roots, tree stumps, turf and similar vegetation.
  • “General Waste” means any rubbish, garbage, non-wooden material, packaging, containers, bottles, cans, rags, clothing, petroleum products, manure or sewer.
  • “Hazard” means a risk of damage or nuisance, which may be caused by the burning of any general waste and which may adversely affect property and/or persons.
  • “Local Assistant” means the Town’s Fire Chief/designate appointed by the Fire Marshall’s Office under the Fire Safety Act.
  • “Nuisance” means the causing of any smoke or other emission from any fire permitted under this by-law, or otherwise, that adversely affects the reasonable enjoyment by other persons of their property.
  • “Outdoor Wood Furnace” means an outdoor wood-burning appliance, or a solid fuel burning appliance, used for the space heating of buildings, the heating of water or other similar purposes.
  • “Portable Barbecuing Appliance” means any appliance used for the purpose of cooking food outdoors, normally fueled by liquefied petroleum gas, natural gas, compressed briquettes or charcoal.
  • “Town” means the Town of Annapolis Royal.

Outdoor Fires Prohibited

  1. No person shall be permitted to operate an Outdoor Wood Furnace within the Town.
  2. No person shall be permitted to have an outdoor fire within the Town, on any land owned or occupied by such person, or on any public lands owned by the Town, unless contained in an acceptable fire pit.
  3. No person shall be permitted to burn general waste, or garden and yard waste on any lands owned or occupied by such person, or on any lands within the Town.

Outdoor Fires Permitted

  1. Persons shall be permitted to cook food using a portable barbecue or other food preparation appliances designed for outdoor use.
  2. Persons shall be permitted to burn only clean, dry wood in an acceptable fire pit, providing that:
    1. spark arrestor or mesh screen is used to contain any sparks or blowing debris;
    2. the acceptable fire pit is located in excess of 25 feet (7.6) meters from any building, flammable structure, combustible material or property line;
    3. notwithstanding 4b (ii), the acceptable fire pit, may be operated on a wooden deck, provided it is on a fire proof pad;
    4. the fire does not create a nuisance;
    5. a responsible adult is present on the property while the fire is burning and until the fire is extinguished;
    6. a fire extinguisher, or other means of extinguishing a fire, acceptable to the Fire Chief/designate, is within reasonable distance from where the fire is located.

Other Permitted Circumstances
Persons or organizations shall be permitted to ignite an outdoor fire providing that the burning is for the purpose of training members for the Emergency Management Organization or the Annapolis Royal Volunteer Fire Department.

Offences and Penalties
Any person who contravenes or fails to comply with any of the provisions of this bylaw shall be liable to a penalty no less than $250 and not exceeding $5,000 for each offence, as per Schedule A attached.

Payment in Lieu of Prosecution
Any person who is given notice of the contravention may pay to the Town of Annapolis Royal at the place specified in the notice; the minimum sum provided under the Town’s Payment in Lieu of Prosecution Policy, within 14 days of the date of the notice and shall thereby avoid prosecution for that contravention.

Repeal
The Burning Permit By-law published on May 2, 2007, and the Outdoor Fire By-law published on June 4, 2009 of the Town of Annapolis Royal shall be hereby repealed.

Effective Date
This by-law shall be effective upon publication.

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