HomeMy WebLinkAboutDTS-06-049 - Open Air Burning By-Law1
Kd LR
Development&
Technical Services
6 REPORT
Report To: Development and Technical Services Committee
Date of Meeting: April 10, 2006
Submitted By: Rob Browning, General Manager/ Fire Chief
Prepared By: Tim Beckett, Deputy Fire Chief
Ward(s) Involved: All Wards
Date of Report: March 23, 2006
Report No.: DTS 06 -049
Subject: OPEN AIR BURNING BY -LAW
RECOMMENDATION:
"That a By -law to regulate the setting of open air fires as attached to Development and
Technical Services Report DTS -06 -049 be adopted...'
EXECUTIVE SUMMARY:
Currently the City of Kitchener has limited ability to deal with open air burning situations. The
Fire Code is very vague and limits the Fire Department's ability to deal with open air burning,
especially where the open air burning does not involve safety issues with respect to a building.
The Fire Protection and Prevention Act however allows a municipality to pass a by -law
regulating open -air burning. The Municipal Act allows the City to prohibit and regulate with
respect to public nuisances, including matters that, in the opinion of Council, are or could
become or cause public nuisances.
This report speaks to the need and creation of an open air burning by -law.
BACKGROUND:
The Fire Department responds to approximately 250 open air burning complaints per year.
These complaints tend to involve smoke migration from the fire to a neighbours house or yard.
Periodically these responses are safety related but more commonly relate to nuisance.
In the past the City of Kitchener banned all open air burning unless a fire permit was obtained
through the Fire Department. Fire permits were not issued in built up residential areas; however
the majority of the burning complaints received were in built up residential areas.
A draft by -law was constructed through the collaborated efforts of Legal, Fire Department and
Enforcement Services.
DTS Report #06 -049
March 23, 2006
Page 2 of 3
REPORT:
This proposed by -law identifies excessive smoke, smell, airborne sparks or embers to be or be
capable of being public nuisances. The Municipal Act, Section 128, allows for the creation of
by -laws to prohibit or regulate these public nuisances. The by -law would then allow either the
Fire Department or By -law staff to deal with the situation. By -law staff would be the first point of
contact for responding to open air burning complaints. Allowing By -law enforcement staff to deal
with the open air burning complaints removes the unnecessary commitment of fire apparatus
responding to non - emergency responses. In the event that the fire is too large, is a fire safety
issue or needs immediate extinguishment the Fire Department will be notified and dispatched
appropriately.
Charges for non compliance could also be issued under the Provincial Offences Act by Fire
Department Officials and By -law Enforcement Officers. Staff proposes to apply to the Province
for approval of a set fine for offences under the proposed by -law. Establishing set fines will
provide staff with a variety of options when initiating legal action when required, including the
ability to issue a Provincial Offences ticket on the spot if the situation warrants it. When the by-
law is approved and included within the Municipal Code, staff will bring forward this issue in a
separate report to Council
Open air burning would be permitted in the City, but regulated through this by -law and the Fire
Permit application process.
The Open Air Burning by -law will allow open air burning to take place provided it does not
create a nuisance to surrounding neighbours and is within the limitations outlined in the by -law.
Permits would have to be obtained through the fire department and approved by the Fire Chief
or designate.
The use of outdoor fireplaces would be permitted without the requirement of a permit provided
they are utilized within the limits provided for in the by -law. Should these outdoor fireplaces
create a nuisance to surrounding neighbours the fire would need to be extinguished.
Currently the Fire Department handles the majority of open -air burning issues. With the passing
of this by -law, by -law enforcement officers will be able to respond to these nuisance calls. This
will save sending out 1 Fire truck and 4 personnel to these types of calls.
FINANCIAL IMPLICATIONS:
There are minimal costs associated to implement this proposed by -law. The benefits would
include less operating demand on the fire apparatus. There is a required education session for
by -law enforcement staff.
Prosecutions under the by -law will cause additional work and court time for legal staff.
However, it is anticipated that the volume of charges will be minimal and can be handled by
existing legal staff.
COMMUNICATIONS:
Staff will draft a media release and distributed it. The by -law and regulations will be posted on
the City web -site.
DTS Report #06 -049
March 23, 2006
Page 3 of 3
CONCLUSION:
Staff recommends the approval of this by -law. It will allow the City to deal with nuisance issues
as they relate to smoke produced by these open air fires. The issues of outdoor fireplaces that
are continuing to become very popular are addressed and permitted within both the safety and
nuisance context.
Tim Beckett
Deputy Fire Chief
Shayne Turner
Director of Enforcement