Ormstown's fire bylaw: a free permit for open fires, town approval for fireworks, and rules for smoke alarms

Bylaw 155-2023, in force since June 6, 2023, requires a free burning permit for open fires, the municipality's authorization to use fireworks, and a smoke alarm less than 10 years old on every storey of a building. Fines start at $300.

Why this bylaw exists

The preamble cites article 145.41 of the Loi sur l'aménagement et l'urbanisme, articles 4, 6.6 and 62 of the Loi sur les compétences municipales, and the fire-safety orientations of Québec's Minister of Public Security. It says the municipalities wish to reduce fire risks and the human and material losses linked to fire.

Notice of motion was given on April 3, 2023. The draft was tabled May 1, 2023, the bylaw was adopted June 5, 2023, and the public notice of adoption and the entry into force are both dated June 6, 2023. It was adopted unanimously by the members present. It "replaces and repeals" any earlier municipal bylaw adopted on the same subject, without naming one (art. 7.2).

Who applies it

The bylaw uses "competent authority" (autorité compétente) for the persons mentioned in its section 2.1 (art. 1.2.6 b)). That section names the fire safety director, the director general and clerk-treasurer, and the fire prevention officer (préventionniste en sécurité incendie) mandated by resolution, and says council designates the competent authority by resolution (art. 2.1.1 to 2.1.3). On presenting identification, the competent authority can inspect any building or lot between 7 a.m. and 5 p.m., Sunday to Saturday (art. 2.2.1).

The fire code, and the town's changes to it

Article 3.1 makes the Code de sécurité du Québec, Chapitre VIII – Bâtiment et Code national de prévention des incendies – Canada 2010 (modifié) part of the bylaw. The code is not reproduced in the published PDF; its annex A lists changes to it:

• Smoke alarms (code art. 2.1.3.3, replaced). Each storey of a building, including the basement and the cave de service, must have at least one ULC-listed smoke alarm. On the bedroom storey, it must be in the hallway leading to the bedrooms. On a ceiling, it must be at least 10 cm from the wall and away from corners; on a wall, its top edge must be 10 to 30 cm from the ceiling. It must be less than 10 years old.
• Portable cooking equipment (code art. 2.6.4.1, added). No portable cooking equipment fuelled by charcoal or another fuel may be used inside a building. Outdoors, equipment fuelled by wood or charcoal must rest on a non-combustible surface.

Article 1.1.3 says that buildings to be erected after the bylaw took effect, and existing buildings whose use or occupancy changes after that date, must comply with it. Article 3.1 applies the fire code "pour tous les bâtiments" (for all buildings).

Open fires and burning permits

Lighting or keeping an open fire going is prohibited without a valid burning permit issued beforehand by the municipality (art. 4.2). With a permit, open fires are allowed all year, unless SOPFEU has issued a ban for a given period (art. 4.3). Fires in a barbecue or other outdoor cooking appliance, a metal container such as a barrel, a fireplace approved for that use, or a structure of non-combustible materials such as stones or bricks are not open fires under the bylaw (art. 4.1).

Burning tires, or using liquid fuels such as oil or gasoline to light, feed or keep a fire going, is prohibited (art. 4.4). The bylaw does not say whether article 4.4 also applies to the fires listed in article 4.1, such as barbecues.

1. Apply (at least 7 days before the planned date): Give your name, address and phone number; the place and dates; the materials to be burned; the contact information of the person who will watch the burn throughout; and the owner's written consent if you don't own the land (art. 4.5.1).
2. Permit issued: Free, not transferable, and valid only for the period shown (art. 4.5, 4.5.3).
3. On the day: The fire must be located 9 metres from any building, woods or other combustible material, no more than 1.80 metres high and 3 metres in diameter; the competent authority can restrict these dimensions. Smoke must not bother neighbours or road users, the means to put the fire out must be available nearby at all times, and the municipal inspector and the fire prevention officer must be able to visit the site at any time (art. 4.5.2).
4. Until it is out: The person named in the application must be present at all times until the fire is completely out, and the fire must be carefully put out before the person responsible leaves (art. 4.5.2).

For the supervisor's age, article 4.5.1 d) says "âgée de plus de 18 ans" (over 18); article 4.5.2 b) says "âgée de 18 ans ou plus" (18 or over).

The municipality can cancel a permit if it decrees that wind speed does not allow the fire or if SOPFEU's flammability index is too high, and at any time if the holder does not respect the bylaw (art. 4.5.4).

Fireworks

No one may use fireworks without first obtaining the municipality's authorization. The request must be made in writing at least 15 days before the event. It names the applicant and gives the date, time and place, the fireworks to be used and any other information the competent authority requires for fire safety. It must come with the site owner's letter of consent and a sketch of the installations, in 2 copies (art. 5.1).

Fireworks may not be used inside a building, or anywhere outdoors except a site free of any obstruction over at least 30 metres by 30 metres. On an outdoor site, consumer fireworks must be used as follows (art. 5.1):

• enough water to put out a starting fire, such as a garden hose, must be near the site;
• spectators must be at least 20 metres from the fireworks;
• firing is prohibited when wind speed is above 30 km/h, and must stop when debris falls on adjacent land or buildings;
• fireworks may not be put in pockets or held in hand while being fired, and a misfire may not be relit;
• used fireworks and misfires must be plunged into a bucket of water.

What it costs

The municipal fee schedule, Bylaw 39-2026 (in force June 1, 2026), sets these amounts:

Item (Bylaw 39-2026)	Fee
Burning permit and fireworks (if authorized)	Free
Firefighters called out without a burning permit	$75 per hour per firefighter, 2-hour minimum, plus 15% administration fee
Third and any later unfounded call	$500 per unfounded call
Copy of a fire report	$15 per copy

Penalties

• Any breach of the bylaw is an offence punishable by a fine plus costs (chapter 6).
• First offence: $300 to $1,000 for an individual (personne physique); $500 to $2,000 for a company (personne morale).
• Repeat offence: $600 to $2,000 for an individual; $1,000 to $4,000 for a company.
• Each day an offence continues is a separate offence.

What this means for residents

An open fire requires a permit applied for at least 7 days ahead (art. 4.5.1). Fireworks require authorization requested in writing at least 15 days ahead (art. 5.1). Each storey of a building must have a smoke alarm less than 10 years old (annex A).