City of Melfort

Articles 2.4.5.2, 2.4.5.3 and 2.4.5.4 are added.

2.4.5.2. Fire Pits and Outdoor Fireplaces

1) (1) Subject to Subsection (3) no person shall light, ignite, or start or allow or cause to be lighted, ignited or started a fire of any kind whatsoever in the open air without first having obtained a written permit to do so from the Fire Chief or designate.

2) A person to whom a permit has been issued under Subsection (1), shall place and at all times keep a competent person in charge of the fire while it is burning or smoldering and shall provide that person with efficient equipment in order to prevent the fire from getting beyond control or causing damage or becoming dangerous. The equipment to be used could consist of a garden hose connected to the water supply or portable fire extinguishers.

3)(a) The Fire Chief or Bylaw Enforcement Officer shall have the authority to prohibit any or all open fires when atmospheric conditions or local circumstances make such fires hazardous.

(b) No permit shall be required to light, ignite, or start, allow or cause to be lighted, ignited or started a charcoal or gas operated barbecue, grill, or similar device used to cook food.

4) No charcoal burners shall be kindled or maintained on combustible balconies or within 10-ft (3.1 m) of combustible patios on ground floors in multi-unit dwellings.

5) Open-air fires used for the purpose of cooking food shall only be permitted in receptacles approved by the Fire Chief or Bylaw Enforcement Officer. Bylaw 2020-09: Fire Prevention Bylaw Page 11.

6) Other types of receptacles are prohibited, and their use would be considered a contravention under the provisions of this bylaw, and the offender would be subject to the penalty as laid out in the penalty section of this bylaw.

7) Fire pits and outdoor fireplaces shall meet the following requirements:

1. the fire be contained in a non-combustible receptacle constructed of concrete, clay brick, or sheet metal with a minimum 18-gauge thickness;
2. the receptacle is covered with a heavy gauge metal screen with openings not exceeding 13 millimetres (½ inch);and
3. the size of the firebox does not exceed 75 centimetres (30 inches) in any dimension.

8) The fuel used in the fire pits and outdoor fireplaces shall be only charcoal, cut seasoned wood, or manufactured fire logs.

9) No person shall cause, allow or permit the burning of the following materials in a fire pit or outdoor fireplace:

1. Waste; including grass clippings, green wood, organic yard waste, rubbish, slimes, manure, treated or painted lumber, livestock or animal carcasses, tailings, garbage, garden refuse, or scrap;
2. any material classified by the authority having jurisdiction as a hazardous material or dangerous goods; or
3. any material that generates black smoke or an offensive odour when burned including, but not limited to, insulation from electrical wire, rubber tires, asphalt shingles, hydrocarbons, plastics, and lumber treated with wood preservatives.

10) All fire pits or outdoor fireplaces shall be located a minimum of 3 meters (10 ft) from any combustible material, building, porch, deck, similar amenity space and property line. This provision shall not apply to fire pits or outdoor fireplaces installed in campgrounds or Recreational Vehicle (RV) Parks where occupants can change daily.

11) No fire pit or outdoor fireplace shall be used on a combustible deck or balcony.

12) All fire pits and outdoor fireplaces shall be situated on a non- combustible surface.

13) All fire pits and outdoor fireplaces shall be supervised by an adult so as to prevent the spread of fire.

14) If smoke from a fire pit or outdoor fireplace is being blown toward another property in such a manner as to cause an unreasonable interference (in the opinion of the Fire Officer on scene) with the use and enjoyment of another person’s property, the fire shall be extinguished immediately. 

15) Fire pits and outdoor fireplaces shall not be used in conditions conducive to creating a fire spread, such as (but not limited to) wind speeds that cause swaying of trees, ground litter / debris to blow around or cause the smoke to travel in a horizontal direction.

16) Fire pits and outdoor fireplaces shall be clear of overhangs such as tree branches, utility lines, and structures.

17) Any person that uses a fire pit or outdoor fireplace shall ensure that a means of extinguishing the fire is readily accessible at all times while the fire is burning.

18) The Fire Chief or designate may order any fire extinguished without cause during the hours of 11:00 pm until 8:00 am.

19) Where ordered by the Fire Chief or designate or a peace officer, a person shall extinguish a fire in a fire pit or outdoor fireplace and shall not re-light the fire for a period of 12hours.

20) Notwithstanding any provisions of this bylaw, the Fire Chief or designate may declare a ban of burning in the City or portion of the City.

21) The Fire Chief or designate shall coordinate fire bans with the appropriate Ministry of the Government of Saskatchewan.

22) No person shall ignite or allow any kind of fire to be ignited, in a fire pit requiring a permit, when a complete ban on burning has been declared by the Fire Chief or designate.

If, due to excessive smoke and/or flames of any residential open air fire pit, a call is placed to have the Melfort Fire Department respond, the owner of the fire pit shall be assessed a fine in accordance with Schedule 'B', Standby Fee - City of $750 per apparatus that responds.

Nothing in this section shall relieve any person from complying with the provisions of the Air Pollution Control Act of the Province of Saskatchewan and the Regulations passed pursuant thereto.

For a complete list of regulations and fines pertaining to the Melfort Fire and Protective Services Bylaw, refer to Bylaws & Policies.