Loading...
HomeMy WebLinkAboutCSD-12-103 - Open Air Fire RegulationsREPORT TO:Committee of the Whole DATE OF MEETING: June 25, 2012 SUBMITTED BY: Tim Beckett, Fire Chief, 519-741-2926 PREPARED BY: Tim Beckett, Fire Chief, 519-741-2926 WARD(S) INVOLVED: All DATE OF REPORT: June 15, 2012 REPORT NO.: CSD-12-103 SUBJECT: OPEN AIR BURNING REGULATIONS RECOMMENDATION: Council direction is required BACKGROUND: In April of 2006 Council approved the first open air burning by-law for the city that regulated the setting of open air fires. Prior to the enactment of the by-law, backyard fires were permitted and staff could only work within the regulations in the Ontario Fire Code. The by-law allowed the Corporation to better deal with and control the concerns and issues resulting from citizens that choose to have a recreational fire in their backyards. It further identified and defined a nuisance clause that allowed enforcement staff to deal with smoke complaints from neighbouring property owners. Over the years the by-law has been amended to deal with specific issues that continue to be raised. At the Council meeting on June 11, 2012 staff was directed to research what other municipalities were doing to deal with open air fires and to report back with options for Council’s consideration. REPORT: The Fire Protection and Prevention Act, 1997 is the governing legislation that allows a council of a municipality to pass a by-law regulating the setting of open air fires, including establishing the times during which open air fires may be set. The Municipal Act allows us to regulate the concerns of health and safety and public nuisances within the municipality. Staff has investigated with 14 similar sized or comparative type municipalities. Of the 14 municipalities 13 have open air burning by-laws allowing open air fires, however many require special permits to be issued either by fire or by-law divisions. Set-backs vary from 3 metres to 60 metres in distance and in many cases the set-backs eliminate the possibility of conducting recreation type fires in typical built up areas. é ø¾÷ ó ï Staff have looked at 2 options to present to Council for consideration and request Council direction to staff. Option 1: Continue to regulate open air burning utilizing the current by-law and conduct public consultation throughout the fall of 2012. Public consultation would allow Council and staff to hear from all interested citizens on the matter of open air burning. Information received would be evaluated and any recommendations arising from the consultation would be presented to Council for consideration. Any required changes could be made to the open air burning by-law prior to the spring of 2013. Implications resulting from this are that open air burning will continue through the summer of 2012 and complaints will continue to be received by Council and staff. Option 2: Amend the current by-law immediately. Amendment of Chapter 711 of the Municipal Code would allow open air burning to take place by special permit only, issued by the Fire department. The cost of the permit is outlined in the fees and charges schedule and is currently set at $72.33. In order to obtain the special permit th certain provisions would apply including the time of burning limited to 7 am to 7 pm April 15 to thstth. September 30 and 7 am to 5 pm from October 1 to April 14The maximum size of the fire would be limited to 1 cubic metre; a 20 metre minimum setback to any building, structure, hedge, fence, roadway, property line orbuilding would be included; the only material permitted to be burned would be brush material; and the open air fire would not be permitted to create a nuisance. In the event that Option 2 is adopted by Council, staff recommend that properties that are zoned and approved as a legitimate campground use should be exempted at this time. An example of such a property would be the Bingemans facility. This issue could always be reviewed at a later date if desired. The above amendments to the by-law would essentially eliminate all recreational fires in typical residential sub-divisions or built up areas unless lot size allowed the minimum setbacks to be achieved and a special permit was obtained. Further, the nuisance provisions would still apply. Open air burning prohibited without the necessary setbacks and permits would include all fire pits and fires in appliances such as chimineas and fire bowls. The amendments would not prevent use of appliances powered by natural gas or propane that are installed as per manufacturer’s recommendations, or barbeques or small contained fires being used for the purpose of cooking on a grill as contemplated in the Ontario Fire Code. Implications to essentially banning all recreational fires may result in concerns raised by retailers that sell open air burning appliances such as fire bowls, chimineas etc. Complaints may be also raised by residents who have installed these items in accordance with the current by- . law and have been allowed to conduct open air burning up until this point th During the June 11 meeting, Council asked staff to consider the feasibility of any further regulations that could be incorporated into the by-law that would create stricter controls while still allowing certain types of backyard fires. Based on their experiences and the efforts to amend the by-law over the past 5 years, staff are of the opinion that there is little in the way of further controls that would effectively alleviate the concerns that are currently being expressed by residents. th Staff also report that, since Council’s direction of June 11, they have received several comments from residents of the City, with some having been sent to members of Council as well. The vast majority of the comments received have been in support of a ban on such recreational fires. é ø¾÷ ó î ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This aligns with the strategic plan as it relates to public safety and the need to regulate fires under the by-law to ensure the protection of the citizens. It also aligns with Community Priority: environment by being responsible stewards of our environment and ensuring the quality of life we all enjoy. FINANCIAL IMPLICATIONS: Staff does not anticipate any significant financial implications, however we will need to monitor staff time associated to dealing with the special permits. A further report if required will be . tabled with Council should staff time and resourcing be drastically impacted COMMUNITY ENGAGEMENT: Under option 1, public consultation meetings will be conducted in the fall of 2012 to hear concerns with respect to open air burning. This will allow the public to voice positive or negative comments towards the current by-law and will also provide staff with the opportunity to present recommendations back to Council. Option 2 was presented based on limited public feedback, the majority from concerns raised at Council meetings or with various members of Council. CONCLUSION: Staff has presented Council with two options for consideration and is looking for direction on how to proceed. ACKNOWLEDGED BY: Mike Seiling, Interim Deputy CAO é ø¾÷ ó í