MUNICIPALITY OF CHATHAM-KENT FIRE AND EMERGENCY SERVICES FIRE DEPARTMENT. A by-law to regulate open air burning in the Municipality of Chatham-Kent



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MUNICIPALITY OF CHATHAM-KENT FIRE AND EMERGENCY SERVICES FIRE DEPARTMENT TO: FROM: Mayor and Members of Council Ray Stone, Assistant Fire Chief DATE: October 20, 2009 SUBJECT: A by-law to regulate open air burning in the Municipality of Chatham-Kent RECOMMENDATION It is recommended that: 1. The Mayor and Clerk be authorized to execute a by-law to regulate open air burning in the Municipality of Chatham-Kent. BACKGROUND In 1998, 19 Fire Departments were amalgamated into one Fire Department known as the Chatham-Kent Fire Department. Prior to amalgamation, some Fire Departments in the County of Kent and the City of Chatham had open air burning by-laws, and some Townships had policies to cover open burning. At the regular meeting of March 31, 2008, Council directed administration to consult with Chatham-Kent Unified Farm Voice and members of the public, as well as address concerns raised by Council. COMMENTS Fire Department staff met with the Chatham-Kent Unified Farm Voice on several occasions to discuss the proposed by-law, their concerns were identified and addressed, and a letter of support has been received (Appendix I).

A by-law to regulate open air burning in the Municipality of Chatham-Kent 2 Per direction from Council, public meetings were held in the communities of Dresden, Chatham, Ridgetown, Merlin, Wallaceburg and Dover. The most notable concerns from the meetings were: 1. Distances for fire pits (both too small and too large). The revised by-law reduces distance from property lines and combustibles from 15 metres (50 feet) to 7.5 metres (25 feet). 2. The suggested hours (4 p.m. to 11 p.m.) for cooking on fire pits were identified as restrictive for family enjoyment. The revised by-law extends the hours to 4 p.m. to 1 a.m. 3. The pile sizes noted from the Ontario Fire Marshal s Office were too small for effective farming operations. The open air burning application has been changed to allow the station chief or designate to determine pile size and safe distances upon a visual inspection. 4. There was concern at the public meetings that there would be a fee for the open air burning application. Those in attendance at the meetings were assured that at no time was it the intention of the Fire Department to charge a fee for open air burning applications. The attached revised by-law (Appendix II) establishes a consistent, as well as an educational approach, to open air burning across the Municipality of Chatham-Kent. The Canadian Lung Association has stated that smoke from open air burning is affecting the health of Canadians both in rural and urban areas. They further state that closing windows and doors does not prevent the pollution from entering a building. The Ontario Fire Marshal has identified that approval by the Chief Fire Official is required for open air burning in proximity to buildings. The signing authority to approve open burn applications will be the station chief responsible for that area.

A by-law to regulate open air burning in the Municipality of Chatham-Kent 3 COMMUNITY STRATEGIC PLAN The recommendation in this report supports the following objectives and strategic directions: A: Health Providing a Safe, Caring and Healthy Environment A4 Foster a safe and caring community C: Environment for environmental excellence C4 Establish standards Desired outcomes A: Continue to encourage co-operative efforts among our police, fire, ambulance, 911 inspections, disaster service providers and community members. C: Increase air and soil quality in Chatham-Kent The recommendation will not adversely impact on the remainder of the Community Strategic Plan. CONSULTATION Administration studied by-laws from other Ontario communities for the setting of open air burning and the prevention and spread of fire. Ontario Fire Marshal s Office was consulted. Chatham-Kent Health Unit was contacted for input. The citizens of Chatham-Kent were given the opportunity for comments and concerns at a series of six public meetings held in 2008. FINANCIAL IMPLICATIONS The table below indicates the increase in the number of responses to unauthorized burns over the last four years. Year 2005 2006 2007 2008 Total Responses* (not incl. medical calls) 2,199 2,098 2,300 1909 Unauthorized Burns 149 156 172 168 % of Total Responses 7.0% 7.4% 7.5% 8.8%

A by-law to regulate open air burning in the Municipality of Chatham-Kent 4 We anticipate that this by-law will aid in reducing calls to the Fire Department reporting unauthorized open air burning, Prepared by: Reviewed by: Ray Stone Assistant Chief Robert J. Crawford Fire Chief Reviewed by: Rob Browning Chief Administrative Officer Appendix I - Letter of support from Chatham-Kent Unified Farm Voice Appendix II - A By-law to regulate open air burning in the Municipality of Chatham-Kent RTC/Fire/2009/Fire 183 - A by-law to regulate open air burning in the Municipality of Chatham-Kent