On This Page:
- What is an outdoor solid fuel combustion appliance?
- Outdoor Fireplaces Guidelines
- By-Law Number 07-08
- Contact the Fire Department
What is an outdoor solid fuel combustion appliance?
A chimenea is not an outdoor solid fuel burning appliance! An outdoor solid fuel combustion appliance is a separate building that is used to heat a main dwelling. The typically wood-burning furnace is situated inside an out-building.
Outdoor Fireplaces Guidelines
For all outdoor fireplace installations, the fire department encourages an inspection and approval prior to being used.
- Administration office hours are from Monday to Friday 8:30 a.m. – 4:00 p.m. For an inspection and an approval, a twenty-four hour notice is required.
- The appliance must be attended to at all times by a competent person, and must have on hand sufficient equipment to ensure the fire stays under control. A fire extinguisher of suitable size and type and a garden hose should be available and readily accessible.
- While burning, the appliance shall never be left unattended. Ensure the fire is completely extinguished prior to retiring for the evening or leaving the appliance unattended.
- The appliance must be located with a minimum clearance of 1.2 metres (48 inches) from any combustible material. It must be clear over top and must not be located under roofs or overhangs.
- Each appliance shall be equipped with a permanently fixed spark arrester having openings less than 5 mm (0.2 inches).
- Each appliance shall be located at or near grade level.
- Where an appliance is placed on a combustible surface, a non- combustible pad that will provide ember protection shall be placed under the appliance. The pad shall extend a minimum of 450 mm (18 inches) beyond the appliance on any side equipped with a door or screen and 200 mm (8 inches) beyond the appliance on all remaining sides.
- Note: The use of any appliance that does not comply with the manufacturer’s installation instructions and the requirements of the fire department may result in an unwanted fire.
- No fire is to be maintained when the wind is in such a direction as to cause a decrease in visibility on any traveled road or any odour to such extent or degree as cause adverse effect to persons living in the area.
- No open fire is to be started on days of adverse weather, or other conditions that prevents the ready dispersion of smoke.
- Materials to be burned must not include petroleum products, plastics, rubber or other materials that create excessive smoke or environmental damage. NOTE: It must be recognized that open burning can cause air pollution. Smoke and odours from open fires can aggravate respiratory conditions, soil property, reduce visibility and generally lessen the enjoyment of property. Section 14 of the Environmental Protection Act reads, in part, “Despite any provisions of this Act or the Regulations, no person shall discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment that causes or is likely to cause an adverse effect”. Never burn plastics, rubber materials, synthetic materials, or house hold refuse.
- Complaints received by the department will result in the property owner being requested to extinguish the fire and refrain from using the appliance until an investigation has been completed.
- Appliances should be inspected by owner often and units having cracks or signs of other physical deterioration shall not be used.
- Natural wood products are to be used as the only fuel for this appliance. Never burn pressure treated, stained or painted wood or wood products. Petroleum products, rubbish, grass, plastics, rubber or any material that may flow out of the containment chamber or cause excessive heat/smoke are not permitted. NOTE: Failure to comply with any provisions of this article may result in you having your privilege revoked, or being charged under the Ontario Fire Code, or being charged $350.00 per hour for each responding vehicle, or all of the above. Contact the fire department for further Fire Safety Information.
By-law Number 07-08, as amended by By-law No. 13-10
BEING A BY-LAW TO REGULATE OUTDOOR SOLID FUEL COMBUSTION APPLIANCES
WHEREAS the Municipal Act, 2001, Section 128 states that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances;
AND WHEREAS the Municipal Act, 2001, Section 129 states that a local municipality may prohibit and regulate with respect to noise, vibration, odour, dust and outdoor illumination;
AND WHEREAS the Municipal Act, 2001, Section 125 stated that a local municipal may regulate the use and installation of heating and cooking appliances; NOW THEREFORE the Council of the Corporation of the Township of Elizabethtown-Kitley enacts as follows:
1. Definitions: (a) “Outdoor solid fuel combustion appliance” (i.e. outdoor wood burning furnace) means only a certified solid fuel burning appliance, which is used for the space heating of building, the heating of water or other such purpose; and which is located in a separate building or on the exterior of the building which it serves.
(b) “Certified”, means an appliance, its components and accessories which has been investigated, tested and suitably marked with a label by a recognized testing agency as conforming to recognized standards, requirements or accepted test reports. Certified equipment shall be installed in accordance with the manufacturer’s installation instructions.
(c) “Waste” shall mean any material defined as waste in the Ontario Environmental Protection Act, as amended.
2. This by-law applies to all lands within the geographic limits of the Township of Elizabethtown-Kitley.
3. Outdoor solid fuel combustions appliances shall be permitted on a lot which had a minimum lot area of 1.2 HA (3 acres) and the unit shall be located/installed as follows:
- at a minimum of 46 metres (150 feet) from all property lines;
- at a minimum of 9 metres (30 feet) from any building on the property, or other distance by an approved testing agency, as detailed in manufacturer’s installation instructions.
- Such that the perimeter ground area around the unit to a distance of 3 metres (10 feet) minimum from the unit shall be of non-combustible surface (i.e. gravel, sand, concrete pad);
- The unit’s chimney cap shall be fitted/equipped with a rain cap/spark arrester;
- In accordance with a site location/installation as approved by the Township.
4. Notwithstanding the provisions of Clause 3, outdoor solid fuel combustion appliances are not permitted on any lot, which is located within:
- a registered plan of subdivision
- the south side of County Rd No. 2 (From Lot A-32, Concession 1) and within the south side of Highway No 401 (from Lot 33 to Lot 38, Concession 1)
- the following land use designations as identified in the Township’s Official Plan document: SETTLEMENT AREA; RESIDENTIAL.
5. Where such installations are otherwise permitted in this By-law, there shall not be more than one (1) permitted per property in the Township, except:
- (a) More than one (1) outdoor solid fuel combustion appliance is permitted on a lot where it serves a permitted accessory dwelling or an agricultural building on lands which are used primarily for agricultural purposes.
6. The installation of outdoor solid fuel combustion appliance shall be in compliance with the Ontario Building Code, the Ontario Fire Code, the manufacturer’s installation instructions and all other applicable laws.
7. No outdoor solid fuel combustion appliances shall be used for the incineration of waste.
8. Any person or persons, who install, use or maintain an outdoor solid fuel combustion appliance in contravention of the provisions of the By-law, are upon conviction, guilty of an offence and subject to a penalty pursuant to the Provincial Offences Act, as amended.
9. Amendments to this By-law may be considered by Council after circulation of the proposed amendment to Township staff and to abutting land owners within 120 metres of the subject site. Circulated landowners would have a reasonable opportunity to present written or oral comments to Council. There shall be an administrative fee of $200.00 charged to the applicant for this process.
10. Amendments authorized by Council shall be attached to this By-law as ‘Appendix A’.
11. The installation of an outdoor solid fuel combustion appliance shall require a permit to be issued by the Township to ensure compliance with this By-law. The permit fee shall be $200.00; (as amended by By-law 13-10) passed April 8, 2013.
12. This by-law shall come into force and effect on the day of passing.
13. That by-law Number 01-31 and 04-59 are hereby repealed.
Read a First and Second time this 22nd day of January, 2007.
Read a Third time and finally Passed this 12 day of February, 2007.
Signed: Reeve Jim Pickard
Signed: Clerk Yvonne L. Robert. APPENDIX A (Amendments Under Section 9)
(1) Pt. Lot, Concession 2, Geographic Township of Kitley; Roll No. 0801 824 049- 03800, 756 Line 2
(By-law 03-22 previously amended By-law 01-31, Popplewell Property)
The minimum distance of the outdoor solid fuel combustion appliances (woodburning furnace) from the east property line may be reduced from 46 m (150 ft.) to 16 m (54 ft.).
(2) Pt. Lot 35, Concession 11, Geographic Township of Elizabethtown; Roll No. 0801 000 050-20700, 11170 Rudl Road By-law 03-38 previously amended By-law 01-31, Perkins Property The minimum lot area of 3 ac. for outdoor solid fuel combustion appliances (woodburning furnace) may be reduced to 1.65 ac., the minimum distance of the outdoor solid fuel combustion appliances from the north lot line may be reduced from 150 ft. to 55ft., and the setback from the road may be reduced from 150 ft. to 80 ft.
(3) Pt. Lot 10, Concession 4, Geographic Township of Elizabethtown; Roll No. 0801 000 030-20300 (split form), 5725 Fairfield Road By-law 03-39 previously amended By-law 01-31, Dowdall Property The minimum lot area of 1.2 ha (3.0 acres) required to permit an outdoor solid fuel combustion appliance (woodburning furnace) may be reduced to 1 ha (2.5 ac.) for the subject lot. In addition the minimum distance requirement that such an appliance be located a minimum of 46 m (150 ft.) to all property lines may be reduced such that the furnace may be located 36.6m (120 ft.) from the east property line.
(4) Pt. Lot 28, Concession 4, Geographic Township of Kitley; Roll No. 0801 824 049-12301, 111 Line 3
By-law 03-43 previously amended By-law 01-31, Foster Property. The minimum lot area of 1.2 ha (3.0 acres) required to permit an outdoor solid fuel combustion appliance (woodburning furnace) may be reduced to 0.62 ha (1.5 ac. for the subject lot. In addition the minimum distance requirements that such an appliance be located a minimum of 46 m (150 ft.) to all property lines may be reduced such that the furnace may be located 7.3 (24ft.) from the rear property line.
(5) Pt. Lot 32, Concession 10, Geographic Township of Elizabethtown; Roll No. 0801 000 050-17800, 10209 Redan Road By-law 04-58 previously amended By-law 01-31, Primeau Property. The minimum distance requirement that such an appliance be located a minimum of 46 m (150 ft.) to all property lines may be reduced such that the furnace may be located 24.4 m (80 ft.) from the south (front) property line. The minimum distance requirement that such an appliance be located a minimum of 9 m (30 ft.) to any building on the property may be reduced to 3 m (10 ft.) from the existing shed on the property (CSA) approved distance).
Click here to access the printable application at our virtual library. Applications must be completed in full, signed and returned to the Main Administration office at 6544 New Dublin Road.
Contact the Fire Department
For more information on outdoor solid fuel combustion appliances, please contact the Fire Department.
Township of Elizabethtown-Kitley
6544 New Dublin Road
Addison ON K0E 1A0