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HomeMy WebLinkAboutCSD-12-025 - Amendment to Municipal Code Chapter 711 (Open Air Burning)1 Staff Re,~ort KIT(;x~l\`~.R tammunity Services Department www.kitthenerca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: February 27, 2012 SUBMITTED BY: Jeff Willmer, Deputy CAO, Community Services Department, 519-741-2325 PREPARED BY: Shayne Turner, Director of By-law Enforcement, 519-741- 2753 WARD(S) INVOLVED: All DATE OF REPORT: February 21, 2012 REPORT NO.: CSD-12-025 SUBJECT: AMENDMENTS TO CHAPTER 711 (OPEN AIR BURNING) RECOMMENDATION: That a by-law be enacted to amend Chapter 711 (Open Air Burning) of the City of Kitchener Municipal Code with respect to prohibiting open air burning during periods when a fire ban is in effect, as outlined in Report No. CSD-12-025. BACKGROUND: Chapter 711 (Open Air Burning) of the City of Kitchener Municipal Code regulates open burning for a variety of reasons, including the use of backyard recreational fireplaces and firepits. REPORT: The weather during the summer of 2011 resulted in very dry conditions for extended periods of time. These dry conditions caused the City's Fire Chief to declare a ban on all open air burning on July 18t", which lasted for 15 days. The Chief's authority to declare such a ban is pursuant to the Fire Prevention and Protection Act. This ban was the first one called since the enactment of Chapter 711 in 2006 and the impact was not contemplated when Chapter 711 was initially drafted. Chapter 711's rules around conducting fires were not useful during the ban because no fires at all were permitted. Enforcement of the ban fell to designated Fire Department staff able to administer and enforce the provisions of the Fire Prevention and Protection Act. Staff is proposing a minor amendment to Chapter 711 to include a prohibition on outdoor burning during times when the Fire Chief has declared a ban on fires. This essentially allows for enforcement of the Fire Chief's ban through our by-law and by our by-law enforcement staff. Giving by-law enforcement staff authority to respond to nuisance fires when a ban is in place frees up Fire Department staff for emergency responses to uncontrolled fires. This is particularly important during a fire ban period when conditions are such that uncontrolled fires may spread faster. 2-1 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The aforementioned amendments support the Community Priority of Quality of Life, as contained in the City's Strategic Plan. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: The proposed amendment to Chapter 711 is housekeeping in nature and does not require a level of community engagement. Nonetheless, the provisions of the Chapter are routinely communicated to the public through a variety of public education initiatives. ACKNOWLEDGED BY: Jeff Willmer, Deputy CAO, Community Services Department 2- 2