HomeMy WebLinkAboutFD-010-00
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Meeting:
Date:
Report #:
Subject:
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
GENERAL PURPOSE AND ADMINISTRATION COMMITT~~ # f/ & t; c7'
JUNE 19,2000 Res. #af}- ;27yOO
FD-10-00
10.12.6
By-law #
BY-LAW 90-178 - OPEN AIR BURNING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1.) THAT Report FD-lO-OO is received;
2.) THAT open air burning in the Municipality of Clarington continue to be
restricted, in accordance with the Municipality's By-law;
3.) TIIAT By-law 90-178 be amended in Paragraph 1 by adding the words "unless
approved by the Fire Chief or his designate" after the words open air; and
4.) THAT By-law 90-178 be further amended by deleting paragraph 2(a) and
replacing it with "small confined fires, supervised at all times and used to cook
food on a grill or barbecue."
BACKGROUND
At the Council meeting of May 29, 2000 correspondence, Item D-14, was received from
Mr. John Stephenson requesting changes to the Municipality's By-law 90-178 related to
setting of fires in the Municipality.
Mr. Stephenson's recommendation would allow for small fires to be permitted in urban
areas within the Municipality. The Ministry of the Environment states that the distance
from an open fire to a neighbouring building, to avoid nuisance smoke, should be a
minimum of 150m. This distance would be relatively unachievab1e in most urban areas.
Mr. Stephenson also suggested that by simply having a bag of marshmallows on hand
you can claim you are "cooking food" with the fire. Staff feels that the changes being
recommended to the existing by-law will address this concern.
Continued. . .
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REPORT
Fire Prevention Division staff was asked to comment on Mr. Stephenson's proposal. One
of the issues raised was that the Municipal By-law couldn't supercede the requirements
of the Ontario Fire Code.
Article 2.6.3.4 of the Fire Code has been changed and new wording now exists stating
that "open air burning shall not be permitted unless approved, or unless such burning
consists of a small, confined fire, supervised at all times and used to cook food on a grill
or barbecue." This clearly restricts the use of open fires or the new style of chimineas or
fire pots. They are not grills or barbecues.
An opinion from the Office of the Fire Marshal, (Research and Standards November
1996) states "approval by the Chief Fire Official is required for open air burning, no
obligation exists to issue this approval.
The misuse of such open air burning, whether intended or not, could result in damage to
neighbouring property and may even endanger neighbouring residents. If such open air
burning was sanctioned by the Municipality this could result in liability. Ifunapproved
and thus illegal the liability rests with the person setting the fire.
An additional concern arises from the nuisance calls related to smoke. Smoke will travel
where the wind takes it. Trying to restrict burning to days with minimal wind speed
cannot be monitored and once a fire is lit the smoke cannot be contained. The present
By-law allows for fines for setting such fires and this can be a deterrent. Removing such
a deterrent, in staff's opinion, greatly increases the nuisance calls by neighbours and
unnecessarily ties up department resources.
Although the Fire Marshal's Office Communique lists 9 criteria, Mr. Stephenson's
proposal lists 12. The criteria are restrictive and unpractical. The restrictions would have
to be self-regulated and although some may attempt to follow them, it is unlikely these
criteria would not likely be adhered to and therefore causes problems to neighbours and
calls to the police or fire department. This would unnecessarily increase the workload for
fire and by-law department staff and the police, to try to address these complaints.
Continued..... .
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RECOMMENDATIONS
Staff would recommend that open air burning continue to be restricted within the
Municipality; and
That the proposed wording changes be made to the existing By-law to address possible
abuses that could occur.
Respectfully submitted,
Reviewed by,
Michael G. Creigh
Fire Chief
n, AMCT, CMMll 1in Wu,
~ Chief Administrative Officer.
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