THE CORPORATION OF THE MUNICIPALITY OF MACHIN

BY-LAW NUMBER 979-94

BEING A BY-LAW TO REGULATE THE LOCATION AND

INSTALLATION OF OUTDOOR SOLID-FUEL BURNING APPLIANCES

WHEREAS the Municipal Act R.S.O. 1990 Chap. M45 Section 20 ss 49 provides that councils of local municipalities may pass by-laws for making such other regulations for preventing fires and the spread of fires as the council consider necessary; and

WHEREAS the Council of the Corporation of the Municipality of Machin deems it necessary to regulate the location and installation of Outdoor Solid Fuel Burning Appliances.

NOW THEREFORE the council of the corporation of the Municipality of Machin ENACTS AS FOLLOWS:

1.                         Definitions

                            In this By-Law:

                            (a)          “Chief Building Official” means the Chief Building Official for the Municipality of Machin appointed pursuant to the provisions of the Building Code Act.

                            (b)         “Appliance” means an outdoor wood burning appliance situated outside of the main building which it is intended to heat, using solid fuel for combustion.

2.                         No appliance shall be erected or installed unless a Building Permit has been obtained from the Chief Building Official.

3.                         (a)          No appliance shall be permitted unless such appliance has been certified by Canadian Standards Association (CSA) , or other accredited test laboratory recognized by the Ontario Building Code 1990, as amended July, 1993.

                            (b)         The outer shell (building) to be non-combustible.

                            (c)          Electrical hook-up as approved by Hydro Inspector.

4.                         Every appliance shall be supported by a base constructed of concrete or other non-combustible material, and shall be constructed to adequately support the weight of the appliance while it is in operation.

5.                         The dimensions of the base of the appliance shall be in accordance with the manufacturers installations instructions or where such instructions or dimensions are not provided, the base shall extend a minimum of 0.6 m (24 inches) beyond the front of the unit.

6.                         The chimney of the appliance shall be approved steel and equipped with a spark arrester and rain cap. Where the appliance allows, the chimney shall be at least 16 feet above the supporting base if within 150 feet of a neighbours’ building.

7.                         An appliance shall be located:

                            (a)          not less than 7.6 m (25 feet) from any property line;

                            (b)         not less than 15.2 m (50 feet) from the principal building or dwelling or from principal building or dwelling on adjacent property;

                            (c)          not less than 3 m (10 feet) from any accessory building;

                            (d)         other than the front yard.

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BY-LAW #979-94

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8.                         The piping for the appliance to the principal building shall be located in a trench covered with non-combustible material. Underground pipe shall be of an approved material in order to guard against failure and subsequently environmental damage.

9.                         Fuel for the appliance shall not be stored closer than 3 m (10 feet) from any appliance, unless under a non-combustible roof.

10.                       Fuel used in the appliance shall be either wood or wood by-products only.

11.                       (a)          Appliances that have been installed prior to the passing of the By-Law shall be altered as required to comply with the provision of Section 4, 5, 6, & 9.

                            (b)         Major alteration or replacement of existing units shall comply with all requirements of this By-Law.

12.                       Appliances mentioned in Section 11 shall have 60 days from the date of written notice from the Chief Building Official to comply with the provisions of section 11.

13.                       Any person who contravenes any provisions of this By-Law, shall forfeit and pay a fine of not more than two thousand dollars ($2,000.00), exclusive of cost and every such fine is recoverable under the Provincial Offenses Act.

THIS by-law shall come into force and take effect on the final passing hereof.

READ a First, second and Third time, and finally passed this 13^th day of April, 1994.

THE CORPORATION OF THE MUNICIPALITY

OF MACHIN

                                                                                      REEVE

                                                                                      CLERK-ADMINISTRATOR