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Open Air Burning By-Law O-109 Frequently Asked Questions
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Or ... Click A Link Below For Questions Related To:

  • Alternatives
  • Clearances To Combustibles
  • Commercial Burning
  • Definitions
  • Outdoor Wood Burning Appliances
  • Permit Required Zone / No Permit Required Zone

 

  • I don't want to burn - what can I do with my brush?

Before burning brush, please consider your alternatives.  Leaves, small twigs and garden clean-up can be placed in your green bin or compost pile while larger twigs and small branches can be bundled and placed at the curb on Green Bin Day.  Material can also be chipped or taken to a construction and demolition site. For more information please visit Halifax.ca/recycle.

Back To Alternatives To Burning

 

  • How do I know if there is a burning ban in place?

Burning Bans are released to the public as Public Service Announcements (PSA's) and posted to our web site. 

If you do not have internet access you can Contact Us during regular business hours.

Back To Burning Bans

 

  • Since I have a permit, can I still burn when there is a burning ban on?

A permit may be revoked by the Fire Chief at any time where it is determined the proposed burning will pose a fire hazard to persons or property.  By issuing a Burning Ban the Fire Chief is in fact revoking the permits for those areas affected by the burning ban.  Certain types of fires such as campfires may occasionally be exempt from a particular burning ban issued.  Always check the burning ban notice or Contact Us during regular business hours.

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  • Can I have a campfire on my property?

If yes, do I need a permit for a campfire on my property?

Yes and No ... it all depends on what time of the year it is and where your property is located.

If your property is in an area that is serviced with BOTH municipal water AND sewer (Permit Required Zone), campfires are ONLY permitted from October 16th through April 14th provided you follow all applicable regulations in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning.

You MUST have a Campfire Burn Permit for a campfire in any location that is serviced with both municipal water and sewer.

If your property is in an area that is NOT serviced with both municipal water AND sewer you can have a campfire throughout the year provided you follow all applicable regulations in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning.

You Do Not need a Campfire Burn Permit for a campfire on a property that is NOT serviced with both municipal water and sewer.

Back To Campfires

 

 

  • Are there restrictions to the size and type of campfire I can have?

Yes. 

Campfires are not permitted to be larger than 24" (600 mm) wide and 18" (460mm) high.  You can only burn dry seasoned firewood - no leaf and yard waste including twigs & grass clippings.

Dry seasoned firewood means wood that has not been chemically treated, stained or painted, and has been stored in a manner to deter dampness.

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  • Can I burn twigs, branches, leaves etc. in my campfire?

No.

You can only burn dry seasoned firewood - no leaf and yard waste including twigs & grass clippings.

Dry seasoned firewood means wood that has not been chemically treated, stained or painted, and has been stored in a manner to deter dampness.

Back To Campfires

 

  • What are the main changes to the By-Law?

Some of the main changes to the burning By-Law include the following:

    • From April 15th through October 15th open air burning is not permitted on any property in a Permit Required Zone.
     
    • A"Burn Permit" for brush or a "Campfire Burn Permit" for a campfire (required in a Permit Required Zone) are now available on-line and can be printed & issued by the applicant.
     
    • The responding Fire Officer still has the authority to extinguish or order extinguished any fire (or fires) which poses a fire hazard to persons or property; however, they do not have this same authority re health hazards.
     
    • Clearances for burning have changed.  The old By-Law required 50' from other combustible material or an adjacent property.  The new By-Law requires 75' to any dwelling or accessory building and does not address adjacent property lines.
     
    • An Outdoor Wood Burning Appliance is defined as meaning "an appliance manufactured to be used in the open air to burn wood, equipped with a spark arrester".
    • A spark arrester is defined as meaning "a device fitted to an outdoor wood burning appliance to prevent the release of sparks into the atmosphere or surrounding area".
     
    • Outdoor wood burning appliances must be equipped with a spark arrester with no opening larger than 3/8" (9.65 mm).

Back To Main Changes

 

  • What about the "communities" listed in Administrative Order Number 33?

Although many of the communities listed in Administrative Order Number 33 under section 3 titled "No Permit Required Zone" do not in fact require a permit, the list is by no means either inclusive or exclusive.  Other than for commercial burning, the only consideration as to whether or not a permit is or is not required for open air burning is the municipal water and sewer services available to the property. 

     

For example, a property may be within a Fire Protection District that is included in the list, however, if both municipal water and sewer service is available to the property then a permit is required. 

     

Likewise, if a property is within in a Fire Protection District that is included in the list, and both municipal water and sewer service is not available to the property then a permit is not required; however, if both municipal water and sewer services become available to the property in the future then a permit will be required. 

Back To Main Changes

 

  • Is my property large enough to burn on?

For burning brush you must have a minimum clearance of 75' (23 meters) to any dwelling or accessory building.

For a campfire you must have a minimum distance of 15' (4.75 meters) to any dwelling or accessory building.

Remember, the person in charge of a fire may be required to pay all expenses incurred in controlling or extinguishing any fire which may get beyond control, is in danger of doing so, or extends to the lands of others.

No person shall ignite, allow or cause to be ignited, a fire of any kind in the open air without being suitably equipped to contain or extinguish the fire, and shall remain in attendance while the fire is burning or smoldering.

The person in charge of a fire shall ensure that the fire is not left unattended and that all smouldering embers are completely extinguished prior to leaving the site after burning is completed.

The Fire Chief shall have the authority to extinguish or order extinguished any fire which poses a fire hazard to persons or property. 

Back To Clearances To Combustibles

 

  • I'm a contractor, can I burn to clear a lot/property?

Yes - provided you are issued a Permit from the Fire Prevention Division.

Back To Commercial Burning

 

  • I'm a property owner, can I burn to clear my lot/property for development?

Yes - provided you are issued a Permit from the Fire Prevention Division.

Back To Commercial Burning

 

  • I'm a property owner, can I burn to clear my lot/property to build my own home?

Yes and No - depending on the following:

 

Remember, no person shall ignite, allow or cause to be ignited, a fire of any kind in the open air without being suitably equipped to contain or extinguish the fire. 

If you are clearing your lot for building do you have an adequate water supply to contain or extinguish a fire?  The person in charge of a fire may be required to pay all expenses incurred in controlling or extinguishing any fire which may get beyond control, is in danger of doing so, or extends to the lands of others.

Back To Commercial Burning

 

  • How many piles can I burn at a time?

Only one brush pile shall be burned on a property at a time.

    Back To Frequently Asked Questions

 

  • Are there restrictions to the size of the pile of brush that I can have?

Yes. 

     

The size of the pile shall be at the discretion of the individual in charge of the burning, but shall in no way impair the ability of the individual to control the fire.

     

No person shall ignite, allow or cause to be ignited, a fire of any kind in the open air without being suitably equipped to contain or extinguish the fire, and shall remain in attendance while the fire is burning or smoldering.

Back To Commercial Burning

 

  • Brush

Brush includes trees, wood, shrubs, bushes or branches. 

It does not include:

Rubber Tires

Oil

Plastic

Petroleum Products

Leaf and Yard Waste

Grass

Grass Clippings

Twigs

House and Garden Plants

Box Board (including cereal, shoe, tissue and detergent boxes)

Construction & Demolition Material (including saw dust, wood shavings, planking, siding, wood beams, plastic and rubber)

Back To Definitions

 

  • Commercial Burning

Commercial burning is open air burning by a Contractor on land being cleared for development or for insect infestation or disease control.

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  • Water and Sewer

Having water and sewer means that both municipal water and sewer services are available to the property.

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  • What should I do if I suspect illegal burning?

Call 911 while the burning is occurring and advise the operator of the civic address where the burning is taking place and of the reason the burning is in violation of Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning.

Remember, the responding Fire Officer has the authority to extinguish or order extinguished any fire which poses a fire hazard to persons or property; however, they do not have this same authority re health hazards.  If there are no Burning Bans issued and the person in charge of the fire is following all applicable regulations found in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning then there is no illegal burning taking place.

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  • What are the penalties for illegal burning?

Any person who fails to comply with any provision of Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning shall be liable to a penalty of not less than two hundred and fifty dollars ($250.00) and not more than ten thousand dollars ($10,000.00).

In addition to any fine or imprisonment imposed, the Court or Judge may order the person convicted to pay all expenses incurred in correcting the contravention of Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning or any damages associated with such a contravention.

The Municipality's cost to remedy the contravention pursuant to any provision of Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning shall constitute a lien against the property owner which shall be applied and enforced in the same manner a for rates and taxes under the Assessment Act or the Halifax Regional Municipality Charter.

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  • What is an Outdoor Wood Burning Appliance?

Outdoor Wood Burning Appliance means an appliance manufactured to be used in the open air to burn wood, equipped with a spark arrester.

Back To Illegal Burning

 

 

No.  Outdoor Wood Burning Appliances may be used throughout the Municipality subject to all applicable regulations found in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning.

Back To Outdoor Wood Burning Appliances

 

No.  Only dry seasoned firewood may be burned.

Back To Outdoor Wood Burning Appliances

 

  • How large can the fire in my Outdoor Wood Burning Appliance be?

As per section 9 in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning, the Outdoor Wood Burning Appliance shall not pose a fire hazard to persons or property.

The fire shall not exceed 24” in width at the largest point and shall not be piled higher than 18” in height

Back To Outdoor Wood Burning Appliances

 

 

 

  • Can I Burn In A Homemade Outdoor Wood Burning Appliance?

Yes, subject to all regulations in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning.

Some considerations are:

  • The appliance must be manufactured specifically for the purpose of burning wood - a barrel was not manufactured to burn wood.
  • The appliance must be fitted with a spark arrester with no opening larger than 3/8”.
    A grate placed over some bricks stacked in a circle is not an Outdoor Wood Burning Appliance. It is a “campfire” and campfires in areas that are fully serviced with both municipal water and sewer are only permitted with a permit and from October 16th until April 14th (Winter Only).
 

Back To Outdoor Wood Burning Appliances


 

  • How do I know if I need a permit to burn?

If your property is serviced with BOTH municipal water and sewer then you live in an HRM Permit Required Zone and you DO require an HRM Burning Permit.

Exemptions:

Exceptions:

 

Back To Permit Required Zone / No Permit Required Zone

 

  • Can I burn if my neighbor can burn?

 

Not necessarily.  There are a number of factors which may prohibit one property from being able to burn versus another:

    • The available municipal services may be different from one property in a neighborhood to another. 

    i.e.  One side or area of the street may have both municipal water and sewer services available while the other side or area may only have one of these services available.

    • One property may have the required 75' clearance to a dwelling or accessory building while another property may not.
    • One property owner may have the means to call 911 from the site.
    • One property owner may have made arrangements to have at least two people 19 years of age or older present while the burning is being conducted while another property owner has not.

Back To Permit Required Zone / No Permit Required Zone

 

  • I am clearing my lot to build and have water and sewer services available but have not yet hooked in to them, do I still need a burn permit?

Yes.  For the purposes of determining whether or not a property is in a Permit Required Zone or a No Permit Required Zone water and sewer means municipal water and sewer services are available to the property.   Even though you may not have hooked up to them yet, your property is still located in a permit required zone and a Burn Permit is required. 

Back To Permit Required Zone / No Permit Required Zone

 

  • How do I get a permit?

 

 

 

 

Before making application for an HRM Burning Permit applicants should familiarize themselves with all regulations in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning.

In addition to an HRM Burning Permit, a Department of Natural Resources Burning Permit may be required from April 15th to October 15th in accordance with Provincial Regulations.

Applicants must contact the Halifax Regional Fire Prevention Division to apply for the following types of Burning Permits:

  

 

 

 

 

 

For all other Open Air Burning in a "Permit Required Zone", one of the following Permits are required:

Back To Permits

 
  • How long is my permit valid for?

Your Burn Permit is valid for burning for a period of fourteen (14) days as long as you comply with all regulations in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning.

Back To Permits

 
  • Can my permit be revoked?

A burn permit may be revoked by the Fire Chief at any time where it is determined the proposed burning will pose a fire hazard to persons or property or where the conditions of the permit have not been met.

Back To Permits

 

  • Can I get a special permit to burn my blueberry fields?

Yes.  Subject to all regulations in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning, the Fire Chief may issue a permit for the open air burning of brush to deal with any agricultural reasons or similar conditions.

Special permits for open air burning of blueberry fields shall only be issued during the period of October 16th until April 14th in a Permit Required Zone.

If you are in a Permit Required Zone, a special permit for the burning of blueberry fields can be applied for by contacting the Fire Prevention Division.

Back To Special Burning

 

  • Can I get a special permit for an Insect Infestation?

Yes.  Subject to all regulations in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning, the Fire Chief may issue a permit for the open air burning of brush to deal with an infestation of insects or disease that pose a risk of damaging the natural resources of HRM.

Special permits for open air burning of insect infestations shall only be issued during the period of October 16th until April 14th in a Permit Required Zone.

If you are in a Permit Required Zone, a special permit for burning of brush for an insect infestation can be applied for by contacting the Fire Prevention Division.

Back To Special Burning

 

 
  • Can I get a special permit for debris left from a Natural Disaster?

Yes.  Subject to all regulations in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning, the Fire Chief may issue a permit for the open air burning of brush to deal with any natural disasters or similar conditions.

Special permits for open air burning for a natural disaster shall only be issued during the period of October 16th until April 14th in a Permit Required Zone.

If you are in a Permit Required Zone, a special permit for burning of brush from a natural disaster can be applied for by contacting the Fire Prevention Division.

Back To Special Burning

 

  • In a Permit Required Zone, can I get a special permit for religious burning during the period from April 15th to October 15th?

Yes.  Fires for religious or ceremonial purposes are allowed in a Permit Required Zone between April 15th and October 15th and shall require a special burning permit subject to any terms and conditions imposed by the Fire Chief.

If you are in a Permit Required Zone, a special permit for burning for religious or ceremonial purposes between April 15th and October 15th can be applied for by contacting the Fire Prevention Division.

Back To Special Burning

 

  • Are there restrictions on what type of materials can be burned?

Yes.  No person shall burn rubber tires, oil plastic, petroleum products or domestic waste.  Domestic waste includes:

Leaf and Yard Waste

Grass

Grass Clippings

Twigs

House and Garden Plants

Box Board (including cereal, shoe, tissue and detergent boxes)

Construction & Demolition Material (including saw dust, wood shavings, planking, siding, wood beams, plastic and rubber)

Back To Definitions

 

  • Can I burn my grass?

No.  You can only burn brush. 

Brush includes trees, wood, shrubs, bushes or branches. 

Brush does not include:

Rubber Tires

Oil

Plastic

Petroleum Products

Leaf and Yard Waste

Grass

Grass Clippings

Twigs

House and Garden Plants

Box Board (including cereal, shoe, tissue and detergent boxes)

Construction & Demolition Material (including saw dust, wood shavings, planking, siding, wood beams, plastic and rubber)

Back To Definitions

 

  • Can I burn at any time during the year?

Yes and No ... it all depends on where your property is.

If your property is in an area that is serviced with BOTH municipal water AND sewer (Permit Required Zone), open air burning is ONLY permitted from October 16th through April 14th provided you follow all applicable regulations in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning.

Back To When Can Burning Take Place

 

  • Are there time of day restrictions for burning?

No, provided all regulations in Halifax Regional Municipality's By-Law Number O-109 Respecting Open Air Burning are met.

Back To When Can Burning Take Place