Kelowna By-law 10760, s. 4.5.3 — In addition to the conditions established in Section 4.4.1, every permit issued for open air burning shall be subject to the following requirements and conditions
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In addition to the conditions established in Section 4.4.1, every permit issued for open air burning shall be subject to the following requirements and conditions:
- a) no open air burning may be started or permitted on lots less than one (1) hectare (2.47 acres); unless approved by the Fire Chief or designate;
- b) a minimum of one (1) adult must be in attendance at all times during burning;
- c) a burning site pile shall be not less than 30.5 metres (100 feet) from:
- i) any combustible structure or combustible material;
- ii) any standing timber and surrounding brush; or
- iii) any watercourse.
- d) Open burning shall comply with sections 13 or 23 of the Open Burning Smoke Control Regulation;
- e) Materials to be burned originate only from the property on which the burning permit is issued, and the materials to be burned under the burning permit are restricted to prunings, branches, tree trunks or other dry piled products of land cleaning;
- i) Stumps or other material 10 centimetres or greater in diameter, shall not be burned unless they have been allowed to dry for at least two (2) years or have been dried to the extent that the dry basis moisture content is 30% or less or to the satisfaction of the Fire Chief or designate;
- ii) Material less than 10 centimetres in diameter shall only be burned if they have been allowed to dry for 6 months or to the extent that the dry basis moisture content is 30% or less or to the satisfaction of the Fire Chief or designate.
- f) Compostable materials, including grass clippings, leaves, tree needles, garden waste and weeds, shall not be burned;
- g) Open burning is prohibited when the venting index is less than 55 and the particulate matter PM 2.5 concentration (24 hour rolling average) is 15 μg/m or greater. Permit holders are required to ensure these conditions on the day they want to burn;
- h) In all cases:
- i) rubber tires, oil, petroleum products, tar, asphalt products, batteries, refuse, plastic, construction material, or non-dried materials of any kind shall not be used to start, fuel or feed a fire; and
- ii) standing crops and grasslands shall not be burned.
- i) If, at any time, a permit is suspended or cancelled, the fire must be extinguished, a new permit applied for in writing, and the site and operation re-inspected before recommencing burning;
- j) The operating of a domestic outdoor or backyard incinerator or any structure serving as a domestic incinerator is prohibited;
- k) No person shall start a fire upon the land of another without permission of the
owner;
- l) Subject to any conditions that may be imposed pursuant to this bylaw, permits shall be issued only during the period of October 1 to April 30 each year, provided that where the Fire Chief or designate considers it safe to do so, he may issue a permit for any time during the year under such conditions and restrictions he considers necessary;
- m) In addition to any other remedy or offence imposed by this bylaw, a person who starts a fire without a valid permit pursuant to this part shall be responsible for the costs of providing the additional personnel and equipment that the Fire Chief or designate may deem necessary to extinguish the fire or to suppress any escape or threatened escape of the fire;
- n) The permit may be revoked or suspended where, in the opinion of the Fire Chief or designate, open air burning under the prevailing weather conditions or other circumstances could reasonably be expected to be hazardous to public safety or to create a nuisance;
- o) The permit holder shall comply with all other conditions, restrictions and requirements imposed by the Fire Chief or designate;
- p) A burning permit may be granted only after every reasonable alternative for reducing, reusing, or recycling has been pursued to minimize the amount of material to be burned. Open burning will be started at 10:00 am and concluded by 4:00 pm or two hours before sunset, whichever is later on the same day the open burning starts;
- q) No pile shall be larger than 2 metres in height by 3 metres in diameter; and
- r) A permit holder is responsible for complying with all applicable regional and provincial regulations not governed under this bylaw.
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