Burn Permit Application

 

Terms and Conditions

You must read and agree to site conditions for burning before you can continue with the application process. In order to safely execute a burning permit for any fire, you must:

GENERAL PROVISIONS (ALL FIRES)

  • No person shall set a fire or allow a fire to burn without first having obtained a permit from the Chief Fire Official;
  • No person being the owner or tenant in possession of lands within the Municipality shall cause or permit a fire to be set on such lands unless a permit has been issued by the Chief Fire Official in respect of that fire;
  • In the absence of being issued a permit, an owner shall be deemed to have permitted a fire to burn and the owner assumes all responsibility and liability where a fire has been set or permitted to burn in the open air;
  • Every person setting, permitting to be set, maintaining, or permitting to be maintained, an open air burn authorized under this part shall have legal title to the property to which the open air burn is to occur, or the person, or permit holder, shall obtain the prior written consent of the person having legal title to the property;
  • Every person setting, permitting to be set, maintaining, or permitting to be maintained, an open air burn authorized under this part shall allow, at reasonable times, Fire Department staff to inspect the location or proposed location of the open air burn;
  • Notwithstanding any provisions herein, no person shall cause or permit a fire to be set:
    • in contravention of the Ontario Fire Code, the Environmental Protection Act, or any other statutory requirements of the Province of Ontario or the Government of Canada;
    • on any highway, or other public property within the Municipality;
    • in any park owned or operated by the Municipality without the written permission of the Municipality;
    • in the front or side yard of any residentially, commercially or industrially zoned property within the Municipality unless otherwise approved by the Chief Fire Official;
    • where the consumption of material will exceed the limit set by the Chief Fire Official;
    • unless the equipment and resources designated on the permit are available at the fire site at all times during the fire;
    • with the aid of flammable or combustible liquids or accelerants of any kind;
    • unless the person to whom the permit has been issued or such other person as may be designated in the permit is at least eighteen (18) years of age, and is in attendance at the fire in a responsible and supervisory capacity at all times until such time as the fire has been completely extinguished;
    • on any site, or in the vicinity of any site, where construction or related activities are carried on;
    • in any outdoor fireplace or any other burning appliance unless same is approved by the Chief Fire Official;
    • that uses prohibited materials, which include garbage, pressure treated or creosote treated wood, or any combustibles that produce toxic fumes other than those produced by the burning of wood, tree limbs or branches;
    • at times when a Smog Alert has been declared; and
    • when a fire ban has been issued by the Chief Fire Official.
  • No person shall cause or permit a fire to cause or increase the likelihood of any of the following:
    • smoke or fire damage to property;
    • a decrease in visibility on any highway or roadway;
    • odour or smoke to cause discomfort to persons, hazards to health, or loss of enjoyment of normal use of property in the immediate area. Obtaining authorization to have an open air fire does not relieve an owner from his/her obligation to ensure that smoke does not interfere with the ability of neighbours to enjoy their properties or conduct their business without disruption; and
    • a spread of fire through grass or brush area beyond its intended limits.
  • All persons approved to conduct open air burning shall ensure that all fires are completely extinguished before the site is vacated.
  • No fire in the open air shall be started or maintained when the wind speed is in excess of thirty (30) kilometers per hour.
  • All permits expire on December 31st of the current year.

 

Additional Agricultural Land Conditions

  • person may conduct an open air burn if it is part of a normal farm practice carried on as part of an agricultural operation, as those defined in the Farming and Food Production Act, 1998, S.O. 1998, c.1, on lands zoned for agricultural use, and subject to the conditions set out in this part.
  • No person shall burn, attempt to burn or permit the burning of material in an open air burn on agricultural lands that is greater than 3 meters (10 feet) or in length, width and height;
  • No person shall locate, permit or allow the open air burn to be located less than 30 meters (100 feet) away from any building, structure, property line, tree, hedge, fence, roadway, overhead wire or combustible article;
  • Persons shall:
    • ignite and extinguish the fire between sunrise and sunset of the same day; and
    • notify the Fire Department in person or by telephone prior to the open air burn and at the conclusion of the open air burn, and shall provide their permit number and municipal address to the Fire Department.
  • Failure to notify the Fire Department prior to, or at the conclusion of, any open air burn which results in response to the incident by the Fire Department shall result in fines set out in the User Fee By-law - Burning Permit Violations (per truck response).
  • Open air burning shall be attended, controlled and supervised by the permit holder or their representative at all times and the fire shall be completely extinguished before the burn site is vacated.

Penalties

Any person who violates any provisions of this By-law is, upon conviction, guilty of an offence and shall be liable to a fine, subject to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, and be subjected to any other penalties permitted by law for each offence. Each day such violation continues, shall constitute a separate offence and shall be punishable as such.

Any person who violates any provisions of this By-law is, upon conviction, guilty of an offence under the Fire Protection and Prevention Act, 1997, and if convicted is liable to a fine of not more than $50,000 or imprisonment for a term of not more than one year, or both.

In the event the Fire Department responds to a open air burning incident being conducted without a permit, or in violation of the conditions of the permit, or when a person has failed to call back to acknowledge the fire has been extinguished, or who fails to extinguish a fire once notification to do so has been given to him/her by the Chief Fire Official, the full costs of extinguishment, including labour costs and equipment costs as determined by the Chief Fire Official, may be charged to the property owner and/or permit holder pursuant to the Town’s User Fee By-law, as amended from time to time.

Release and Indemnity

Note: These Terms and Conditions may be changed without advance notice. A Burn Permit may be suspended and revoked for any reason by the Town of Milton Fire Department at the Fire Department’s discretion. It is the permit holder’s responsibility to be aware of the most recent Terms and Conditions. A general notice of a change will appear in the local Town of Milton newspaper and the Town of Milton web site. 
If, at any time, the permit holder does not agree, neither with the terms and conditions provided here nor to any amendments published in the future, the Permit holder may cancel this permit, without refund. Contact Fire Services at 905-878-9160, toll free at 1-866-306-6640, by email fireservices , or in writing to Fire Prevention Office, Town of Milton Fire Department, 610 Savoline Blvd., Milton ON. L9T 0N3 to cancel your permit and for any other permit and burning-related inquiries.
Please refer to your permit number in all communications.