Open Air Burning By-law

Town By-law

By-law Number: 2023-56
Last Updated: 2023
Purpose: Regulates the setting of open air fires, including establishing the times during which open air fires may be set.

Details

Purpose Regulates the setting of open air fires, including establishing the times during which open air fires may be set.
Keywords firepit

By-law Highlights

  • No burning unless a permit has been issued by the Town of Midland
  • No Burning when the wind speed exceeds twenty-four (24) kilometers per hour.
  • No Burning when a "Smog Alert" or Humidex advisory is in effect for South-Central Ontario.
  • No Burning when rain or fog is present.
  • Burning is only allowed between the hours of 4:00 p.m. through 12 midnight, unless otherwise expressly permitted by the Officer.
  • No burning material other than clean dry wood which is free and clear from any finishes, preservatives or other material that may be affixed to the wood in accordance with the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended.
  • No person shall set or maintain a fire that is creating a nuisance or has an adverse effect on a neighbouring property(s) or property owners.
  • No Burning in a manner that creates excessive smoke.
  • A fire is not permitted if it contains more than 0.6 cubic metre of material burning at any one time and exceeds 0.6 metres in diameter.
  • A fire is not permitted if it is within 3 metres of any structure, hedge, fence, vehicular roadway, property line or overhead wire or obstruction of any kind or nature whatsoever.
  • Before you light a fire you must first ensure a person is:
    • Able to supervise such fire;
    • Has adequate tools and/or water to extinguish it promptly;
    • Is in constant immediate attendance at the specific place where the fire is burning.
  • No person shall leave the specific place where the fire is burning without first ensuring such fire is completely extinguished.
  • No Burning when a fire ban is in effect.
  • A fire is not permitted in a chiminea/outdoor fireplace unless it is located on a non-combustible surface extending beyond the unit to a dimension equal to the height of the unit.

Review Open Air Burning By-law for more details.