Open-Air Burning

Open-Air Burning

The Town of Lincoln prohibits open-air burning unless you obtain a burn permit, as per the Town's Open-Air Fire By-law. An "open-air fire" is defined as a fire in any open place, yard, field or area which is not contained or enclosed by a building or structure, and includes agricultural fires, chimineas, bonfires, and campfires.
 

Burn Permits:

• Permits are available online - apply from the safety and convenience of your own home
• Online permits are available at a discounted rate of $25 and are processed through the online portal
• In-person permits are available for $45
• There is no fee for farm burn permits on lands zoned for agricultural purposes used for bona fide farming operations
• Burn permits are valid for the calendar year, and expire on December 31 of each year
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Important Considerations:

• Recreational fires require a minimum clearance of 5 metres (approximately 16 feet) in all directions between the fire and any building, structure, fence, property line, roadway, overhead wire, or combustible material
• Many residential properties are not large enough to meet the clearance requirements for a lawful open air fire
• Any person who sets or maintains an open air fire is responsible for ensuring that there are sufficient clearances around the fire
• Despite having a valid permit, it is unlawful to set or maintain an open air fire that causes smoke, odour, ashes, or embers to invade a neighbouring property thereby creating a nuisance
• Residents that fail to comply with the regulations will result in fines and/or fees of $904 per hour for each fire truck that responds to extinguish an unsafe or unlawful fire

Reporting a Concern:

• Open air burning complaints should be reported while the offence is occurring.
• Serious threat and/or property damage - Call 9-1-1. Remember, this should only be used if it is an emergency situation as the fire department will be dispatched to respond to an emergency.
• Less serious situations (e.g. smoke is creating a nuisance) - call 905-684-4311, the fire dispatch non-emergency number. A member of the fire department will be dispatched to investigate the complaint.
• Complaints can be filed by completing the Town of Lincoln Online Complaint Form or by leaving a voicemail at 905-563-2799 ext. 289

By-law Update

Effective 2018, a number of changes have occurred to the By-law, following significant community consultation. Therefore, the following items are new or updated to ensure the by-law supports a safe, healthy community

Permits

• The permit classifications are revised to:
  • Farm Fire Permit
  • Rural Fire Permit 
  • Urban Fire Permit
  • Campground Fire Permit
  • Specific Event Fire Permit
• The former “Recreational” and “Non-Recreational” permits were replaced with “Urban” and “Rural” to better address the specific issues associated with each respective area.
• A new “Specific Event Fire Permit” was introduced to facilitate campfires by various community groups for a specific occasion or series of occasions.

Sensitive Receptor Registry

• Sensitive Receptor Registry is an approach whereby the fire department maintains a confidential database of locations where exposure to smoke may pose a particular risk to the health of an individual or group
• Residents wishing to be placed on the registry would submit a letter from their physician or a notarized statement attesting to the medical need to have their address placed on the Sensitive Receptor Registry
• Burn Permits would not be issued, nor open air fires allowed, within 75 metres of a location listed on the Sensitive Receptor Registry
• The registry process is in development. If you have questions about the registry, contact the Fire Department.

Flaming Devices

• A new section was added to the By-law to allow the outdoor use of small flaming devices, such as tiki torches and candles
• The outdoor use of these devices was technically unlawful under the previous By-law but should be included as an allowable device

Flying Lanterns

• The By-law prohibits the use of these Balloon-like “flying lanterns” devices
• The devices are a fire safety concern because these open flame devices have an uncontrollable and unpredictable flight path when released
• They can land on trees, building rooftops, and other combustible properties while still ignited thereby creating a public hazard

Enforcement

• The By-law now authorizes the Town’s By-law enforcement officers, in addition to Fire prevention staff, to enforce the open air fire by-law, and issue an Order to Extinguish a fire

False or Frivolous Complaints

• The By-law is in place to ensure that open air fires are safe
• At times, neighbours are using this matter to solve neighbour disputes rather than a safety concern or true violation of the By-law
• A monetary penalty and a cost recovery mechanism for repeated responses is now in place for false or frivolous open air burning complaints

Appeal

• An appeal mechanism is now in place to allow individuals who have been assessed fees or charges under the open air fire by-law, to appeal those fees or charges