2015/08/19SPECSPECIAL
COUNCIL
MEETING
Wednesday, August 19, 2015
Order of Business
and Agenda Package
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Niagaraa11s
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SPECIAL COUNCIL MEETING
OPEN AIR BURNING 5:00 P.M.
August 19, 2015
BACKGROUND MATERIAL
1. Draft By-law
2. FS -2015-04 Open Air Burning — Supplementary (June 23)
3. FS -2015-02 Open Fire Burning (May 12)
4. Council Minute Excerpts re: Open Air Burning
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the
by-law listed for Council consideration.
2015-90 A by-law to adopt, ratify and confirm the actions of City Council at its
Special meeting held on the 19th day of August, 2015
CLERKS DEPARTMENT
Inter -Departmental Memo
To: Mayor James M. Diodati & Members of Council
From: Dean lorfida, City Clerk
Date: August 19, 2015
Re: Open Air Burning Special Meeting
I have reproduced the following for the purposes of the Special Council meeting:
✓ The draft Open Air Burning By-law, which was originally on the July 28th agenda.
✓ The two previous Council reports from this year.
✓ The related minutes.
I have not reproduced the various emails Council has received on the issue.
A Great City ... For Generations To Come
CITY OF NIAGARA FALLS
By-law No. 2015 - 88
A by-law to establish the setting of Open Air Burning for the City of Niagara Falls.
WHEREAS section 2.4.4.4. (1) of the Fire Code, Ontario Regulation 213/07, prohibits
Open Air Burning 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 Barbeque;
AND WHEREAS section 7.1 (1) (b) of the Fire Protection and Prevention Act, 1997,
S.O. 1997, c. 4, as amended, provides that the Council of the Corporation of the City of
Niagara Falls establishes the times during which Open Air Burning may be set;
AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a Municipality may prohibit and regulate with respect to public
Nuisances, including matters that, in the opinion of Council, are, or could become or
cause, a public Nuisance;
AND WHEREAS Section 425(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, permits Council to pass by-laws providing that any person who contravenes
any by-law of the Municipality is guilty of an offence;
AND WHEREAS Council considers excessive smoke or odour from Open Air Burning
as having the potential to cause public Nuisance by creating negative health effects on
neighbouring residents, increasing fire hazards and infringing on the enjoyment of the
use of neighbouring Properties;
AND WHEREAS Section 7.1(4) of the Fire Protection and Prevention Act, 1997, S.O.
1997, c. 4, as amended, provides that a Municipality may appoint an officer to enter
upon land and into structures, at any reasonable time, to inspect the land and structures
to determine whether by-laws enacted in accordance with this section are being
complied with;
AND WHEREAS Section 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that despite any Act, a Municipality and a local board may impose
fees or charges on any person for services or activities provided or done by, or on
behalf of it, or for costs payable by it, for services or activities provided or done by or on
behalf of any other Municipality or local board;
AND WHEREAS Section 446(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that if a Municipality has the authority by any Act, or under a by-law,
to direct or require a person to do a matter or thing, the Municipality may also provide
that, in default of it being done by the person directed or required to do it, the matter or
thing shall be done at the person's expense and Section 446(3) provides that the
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Municipality may recover the costs of doing a matter or thing from the person required
to do it by action or by adding the costs to the tax roll and collecting them in the same
manner as Property taxes;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls is desirous
of enacting a by-law to regulate the setting and maintaining of Open Air Burning and
reducing the public Nuisance arising from such fires;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. TITLE
1.1 This by-law may be cited as the "Open Air Burning By -Law".
2. DEFINITIONS
2.1 In this By-law:
(a) Agricultural Fire means an open air fire occurring outside of the urban
boundary of the City which is set and maintained for the purpose of
burning branches, prunings and stumps which are gathered from the
Property on which the fire is taking place;
(b) Barbeque means an appliance or structure designed and intended solely
for the cooking of food;
(c) Camp Fire means an open fire area where the size of the fire is limited to
the size of the device/area provided by the Campground and is maintained
solely for the purposes of cooking food, warmth or recreational enjoyment;
(d) Camp Site means a public or private park area designated for camping
purposes;
(e) Campground means an area of Property owned or operated by a person
and that contains Camp Sites for the purpose of providing overnight
accommodations and is licensed by the City of Niagara Falls;
(f)
(g)
Chiminea/Fireplace means a free standing device, with a vertical smoke
vent or chimney, with an enclosed hearth in which a fire may be set;
Competent Person means any adult person (18 years of age or older)
who is capable of exercising the required judgement and is capable of
performing the necessary actions to control a fire and prevent its
unwanted spread and does not include persons impaired by alcohol or
drugs;
(h) Council means the Council of the Corporation of the City of Niagara Falls;
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(i) Fire Ban means a prohibition on all burning issued by the Fire Department
of The Corporation of the City of Niagara Falls;
(j) Fire Chief means a Fire Chief appointed under subsection 6 (1), (2) or (4)
of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as
amended, for The Corporation of the City of Niagara Falls, or designate;
(k) Fire Department means The Corporation of the City of Niagara Falls Fire
Department and any member thereof;
(I) Grill means any custom designed gas appliance that is constructed of
metal, ceramic, stone or masonry that completely contains the fire and
that has been Listed for use as a cooking device, commonly referred to as
a barbeque;
(m) Listed means equipment included in a list published by a certification
organization accredited by the Standards Council of Canada (i.e. ULC,
CSA);
(n) Municipality means The Corporation of the City of Niagara Falls;
(o) Nuisance means smoke or odour that interferes with the enjoyment of
neighbouring Properties;
(p) Open Air Burning means any fire, including a fire in a smouldering state,
taking place outdoors including, but not limited to, fire pits, Chimineas and
outdoor Fireplaces and shall include fires for personal or commercial use;
(q) Owner includes any person, firm or corporation having control over any
portion of buildings, Property or premises and may include landlords,
building managers, rental agents, agents, tenants, trustee, a
representative of the Owner, superintendents and, includes, any other
person to whom rent is payable;
(r) Permit means a Permit issued by the Niagara Falls Fire Department for
the purpose of allowing Open Air Burning, subject to compliance with a set
of rules and guidelines;
(s) Property(ies) means real property and includes, without limiting the
generality of the foregoing, highways and roadways;
(t) Smog Alert means an alert issued by the Ministry of Environment with
respect to air quality;
(u) Urban Areas means the Urban Area as denoted by the non -shaded area
on the map of the City, attached as Schedule "A" to this by-law; and
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(v) Wind Speed means the Wind Speed for The City of Niagara Falls, Ontario
as reported on the City of Niagara Falls website at
(http://www.niagarafalls.ca/weather).
2.2 Definitions of words and phrases used in this by-law that are not included in this
list of definitions have the definitions assigned to the Ontario Fire Code, or,
where not defined, the meaning commonly assigned.
2.3 Distances and measurements in this by-law are provided in metric. The following
conversions are provided:
1 metre = 3.28 feet
3 metres = 9.84 feet
5 metres = 16.4 feet
6 metres = 19.69 feet
10 metres = 32.80 feet
473 millilitres = 16 ounces
355 millilitres = 12 ounces
237 millilitres = 8 ounces
3. SCOPE
3.1 The provisions of this by-law shall be applicable to all Properties within the
municipal limits.
3.2 Nothing in this by-law shall be construed as limiting, restraining, impeding or
otherwise conflicting with any other by-law, Act or Regulation made thereunder.
4. REGULATIONS
4.1 Any person eighteen years of age or over, who is the Owner of a Property on title
within the Municipality, or who has been authorized in writing by the Owner on
title of such Property, may apply to the Fire Department for a Permit to conduct
an Open Air Burning.
4.2 A Permit may be subject to such conditions as the Fire Chief deems appropriate.
4.3 Barbeques, Grills or other gas appliances shall not be located on a balcony,
porch or veranda of a building, inside any garage, tent, vehicle or structure, or in
or near dry vegetation that is conducive to the development or spread of a fire or
explosion.
4.4 No person shall set, allow to be set, maintain or cause to be maintained, an
Open Air Burning in the Municipality unless:
(a) a Permit has been issued by the Fire Department;
(b) that person complies with all the conditions set out in the Permit; and
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(c) that person complies with all applicable provisions of this by-law.
4.5 No person shall set, allow to be set, maintain or cause to be maintained, an
Open Air Burning in the Municipality:
(a) on any highway, or other public Property within the Municipality; or
(b) in any park owned or operated by the Municipality, without the written
permission of the Fire Department; or
(c) in the front or side yard of any Property within the Municipality, unless
otherwise approved by the Fire Department; or
(d) on any Property or in the area of any Property where construction or
related activities are carried on, unless otherwise approved by the Fire
Department; or
(e) in a manner that creates a Nuisance taking into account smoke, odour,
sparks and other dangers relating to the spread of fire, the risk of
explosion, and risk of death, injury and damage to Property inherent in the
conduct of a fire.
4.6 The Fire Department may refuse to issue a Permit if it is determined that:
(a) the proposed Open Air Burning would be in contravention of this by-law; or
(b) the person applying for the Permit has previously contravened provisions
of this by-law; or
(c) the person applying for the Permit has not complied with any conditions
attached to a Permit for an Open Air Burning that may have been imposed
on a previous occasion; or
(d) the person applying for a Permit has not paid the prescribed fee, as set
out in the Schedule of Fees By-law for the Municipality; or
(e) in the opinion of the Fire Department, the issuance of a Permit would
create an adverse health effect on adjacent Properties; or
(f) in the opinion of the Fire Department, the issuance of a Permit is likely to
create a Nuisance.
4.7 The Fire Department may, at any time, revoke a Permit issued under this by-law
if:
(a) issued on mistaken, false, or incorrect information; or
(b) issued in error; or
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(c) the holder requests, in writing, that it be revoked; or
(d) in the opinion of the Fire Chief, the Open Air Burning would, or has the
potential to, cause a fire hazard or Nuisance; or
(e) the Fire Chief has reasonable grounds to do so.
4.8 A Permit issued pursuant to this by-law is valid from the date of issue until
December 31 of the year it is issued.
5. OPEN AIR BURNING
5.1 A person who has obtained a Permit pursuant to this by-law:
(a) shall be limited to burning dry, clean, seasoned wood only;
(b) shall not permit the burning of any items including, but not limited to,
garbage, treated or painted wood, yard waste, or furniture;
(c) shall maintain, in person, or delegate a Competent Person to have,
constant supervision and control over the Open Air Burning until such time
as the Open Air Burning is completely extinguished; and
(d) shall ensure that a suitable means of extinguishing the Open Air Burning
is available, as identified on the Permit, at all times during the Open Air
Burning including, but not limited to, a fire extinguisher or a garden hose.
5.2 Except as otherwise provided for in a Permit, a holder of a Permit shall not set or
maintain an Open Air Burning, or cause an Open Air Burning to be set or
maintained:
(a) before 11:00 a.m. and after 11:00 p.m.;
(b) that is greater than one metre in diameter with the fire not exceeding one
metre in height;
(c) other than contained in an appliance or confined by means of a non-
combustible rim or border;
(d) when the Wind Speed is greater than 20 kilometres per hour;
(e) within five metres of the Property line and any overhead wires;
(f) within five metres of a highway or roadway;
(g) within five metres of any combustibles including, but not limited to,
buildings, structures, fences, decks and branches, except where the Open
Air Burning occurs within a Chiminea/Fireplace equipped with a metal
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screen to contain embers, in which case the Open Air Burning may occur
within three metres of any combustibles;
(h) with the aid of a flammable or combustible liquid or accelerants of any
kind;
(i) if it creates a Nuisance;
(j) during periods of fog or rain or when a Smog Alert has been issued, and
(k) if not equipped with a suitable means of contacting 911.
5.3 Irrespective of whether a person has a Permit, no person shall cause or permit
an Open Air Burning to cause or increase the likelihood of any of the following:
(a) smoke or fire damage to Property;
(b) a decrease in visibility on any highway or roadway; and
(c) an odour or smoke to cause discomfort to persons, hazards to health, or
loss of enjoyment of normal use of Property in the immediate area.
5.4 Every person that sets, or causes to be set, an Open Air Burning in the
Municipality, shall:
(a) be responsible for any damage to Property or injury to persons, as a result
of the Open Air Burning; and
(b) be liable for costs incurred by the Fire Department, including personnel,
equipment and apparatus necessary to respond to any incidences of
Open Air Burning.
6. AGRICULTURAL FIRES
6.1 No person shall set, permit to be set, maintain or cause to be maintained, an
Agricultural Fire in the Municipality unless:
(a) a Permit has been issued from the Fire Department;
(b) all the conditions set out in the Permit are complied with; and
(c) all applicable provisions of this by-law are complied with.
6.2 Except as otherwise provided for in a Permit, a Permit holder for an Agricultural
Fire shall not set or maintain an Agricultural Fire, or cause an Agricultural Fire to
be set or maintained:
(a) before 8:00 a.m. and after 6:00 p.m.;
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(b) without prior notification to the Niagara Falls Fire Department (905-356-
1321, ext. 2200), despite the possession of a valid Permit;
(c) when the Wind Speed is greater than 20 kilometres per hour;
(d) at a distance of less than 30 metres from any building, structure, Property
line, fence, roadway, overhead wires, or other combustible thing;
(e) at a location where there is a danger of such fire spreading to grass or
other vegetation;
(f) on or adjacent to any Property where a building or structure is under
construction;
(g) on or adjacent to any Property where it is known or ought to be known that
explosives or any other flammable material is present;
(h) in any building or structure which is being demolished;
(1) on the Property, within 60 metres, of any building or structure which is
being demolished;
(j) to a building or structure for the purpose of demolishing the whole or part
thereof;
(k) to a demolished building or any part thereof;
(1) without a suitable means to control or extinguish the Agricultural Fire
within ten metres of the burn location, consisting of one of the following:
(1) a vessel containing not less than 200 litres of water with an opening
not less than 457 millimetres and, three 12 litre pails;
(ii) earth moving equipment (i.e., backhoe, front end loader, bobcat,
etc.); or
(iii) a portable pump along with a minimum of 30 metres of hose
capable of pumping from a water source containing a minimum of
200 litres of water;
(m) which exceeds a maximum of three metres in diameter and one -and -a -half
metres in height;
(n) where the Agricultural Fire creates a Nuisance;
(o) during periods of fog or rain or when a Smog Alert has been issued; and
(p) without the Owner present, or their agent, who is a Competent Person to
supervise such fire and to extinguish it promptly in the event of danger of
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the spread of such fire and is in constant immediate attendance at the
specific place where the fire is burning.
7. REQUIREMENTS FOR CAMPGROUND/CAMP SITES
7.1 Camp Fires shall be confined to a location that provides for a safe distance and
clearance from combustible structures or objects. A person setting or
maintaining a Camp Fire at a Campground/Camp Site shall do so in the provided
location and in compliance with all the rules and regulations of the
Campground/Camp Site which have been approved by the Fire Department.
8. OTHER FLAMING DEVICES
8.1 A person or persons may, without a Permit, set or cause to be set and
maintained, an Open Air Burning which is supervised at all times and is located
in or originating in:
(a) a container designed to hold individual gel fuel pots, provided that the gel
fuel pot does not exceed 473 millilitres;
(b) candles or tiki torches with a total fuel capacity of not more than 355
millilitres; and
(c) gas appliances Listed and approved for use in Canada when operated as
per the manufacturer's instructions and as per its listing label.
8.2 Any gas appliance that does not have a Listed label affixed shall be deemed to
not meet the requirements of Section 8.1 of this by-law and shall not be used
unless a field approval has been issued by the Technical Standards and Safety
Authority.
8.3 Open Air Burning maintained pursuant to Section 8.1 of this by-law must be
maintained in a safe manner so as not to create a hazard or Nuisance to any
person or Property.
9. FIRE BAN
9.1 Despite the existence of a valid Permit issued pursuant to this by-law, or an
exemption provided for under this by-law, the Fire Chief may, at any time, enact
a Fire Ban.
9.2 A Fire Ban enacted under this by-law may be applied to the entire Municipality, or
portions thereof, at the discretion of the Fire Chief.
9.3 A Fire Ban may be applied to all Open Air Burning, or to specific Open Air
Burning, regulated under this by-law.
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9.4 The Fire Department shall extinguish all Open Air Burning under a Fire Ban
during the period while the Fire Ban is in effect.
10. EXEMPTIONS
10.1 Permission of the Fire Department is not required for Open Air Burning that
consists of a small, confined fire, supervised at all times, and used strictly to cook
food on a Grill, Barbeque or spit, commensurate with the type and quantity of
food being cooked, and not located below a covered balcony or any other area
that constitutes a fire hazard.
10.2 No Permit is required for the use of Listed commercially produced gas appliances
when used in accordance with the manufacturer's instructions. Gas appliances
shall not be located below a covered balcony or any other area that constitutes a
fire hazard.
10.3 The Fire Department shall be exempt from the provisions of this by-law with
respect to Open Air Burning for the purposes of educating and training of staff
and individuals.
10.4 The Fire Department may approve the setting of any Open Air Burning and may
require Fire Department supervision.
11. ADMINISTRATION AND ENFORCEMENT
11.1 The Fire Chief shall be responsible for the administration of the provisions of this
by-law.
11.2 Members of the Fire Department and the Municipal By-law Division shall be
responsible for the enforcement of this by-law.
11.3 Any member of the Fire Department may enter onto Property at any time, without
prior notice, for the purpose of carrying out an inspection to determine whether
the provisions of this by-law have been complied with.
11.4 No person shall hinder or obstruct, or attempt to hinder or obstruct, a member of
the Fire Department who is performing a duty which is authorized under this by-
law.
11.5 No person shall knowingly furnish false or misleading information to the
Municipality or the Fire Department with respect to this by-law.
11.6 A holder of a Permit, pursuant to this by-law, shall produce the Permit on
demand from any member of the Fire Department.
11.7 Members of the Fire Department may order the Permit holder or Competent
Person to extinguish the fire, or the Fire Department may extinguish any fire
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found to be in non-compliance with the provisions of this by-law or where the fire
is, or appears to be, a hazard or Nuisance to persons or Property.
11.8 Where, in the opinion of the Fire Department, any approved Open Air Burning is
having a negative impact on the occupants of adjacent Property, the fire is
adversely affecting persons using a road or highway adjacent to the burn site, the
weather has deteriorated or conditions have become unfavourable, or conditions
attached to any Permit or the provisions of this by-law are being contravened, the
Fire Department is hereby granted the authority to order the Owner or occupant
to immediately extinguish the fire.
11.9 Where a holder of a Permit fails or refuses to comply with a term or condition to
which the Permit is subject, the Fire Department may revoke the Permit and shall
send a written notice of that revocation to the Permit holder and to the occupant
of the Property at which the fire was conducted, if not the same person.
11.10 A person who has had a Permit revoked shall not be eligible to apply for a new
Permit for a period of time not less than one year from the date of revocation.
Revocation shall be applicable to the Permit holder and the municipal address.
11.11 Any person, firm, or corporation who contravenes any provision of this by-law is
guilty of an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended from time to time, or
any replacement legislation.
11.12 The Owner of a Property who is not in compliance with this by-law may have the
costs associated with the Fire Department response as determined by the
Schedule of Fees By-law of the Municipality in effect at the time of the
attendance by the Fire Department, added to the Property taxes for the Property
regardless of whether the Open Air Burning was set or maintained with the
permission or knowledge of the Property Owner, and same shall be collected in
the same manner as taxes in accordance with Section 446 of the Municipal Act,
2001, S.O. 2001, c. 25, as amended.
11.13 Any person who repeatedly reports a violation of this by-law may, upon the
second or subsequent reports where no violations were observed, be subject to
any and all costs associated with the Fire Department response.
11.14 Neither the Fire Department nor the Municipality shall be responsible to notify the
Owner or complainant of a Property, in advance, of its intention to charge for
services or costs associated with the response to, or the extinguishment of, any
Open Air Burning.
12. SEVERABILITY
12.1 Each provision of this by-law is independent of all other provisions, and if any
provision of this by-law be declared by a Court of competent jurisdiction to be
invalid, or of no force and effect, or beyond the power of Council to enact, such
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provisions shall be deemed to be severable from this by-law, and it is the
intention of Council that the remaining provisions will nevertheless continue in full
force and effect without being impaired or invalidated in any way.
13. BY-LAW REPEALED
13.1 By-law Nos. 72-211, 81-65 and 91-10 are hereby repealed.
14. SHORT TITLE
14.1 This by-law may be cited as "Open Air Burning By -Law".
15. EFFECTIVE DATE
15.1 This by-law shall come into force and takes effect upon the final passing thereof.
Passed this twenty-eighth day of July, 2015.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: July 28, 2015.
Second Reading: July 28, 2015.
Third Reading: July 28, 2015.
Niagara j'glls
REPORT TO:
SUBMITTED BY:
SUBJECT:
Mayor James M. Diodati
and Members of Municipal Council
Fire Department
FS -2015-04
Open Air Burning - Supplementary
FS -2015-04
June 23, 2015
RECOMMENDATION
That Council maintains the existing provisions of the Open Air Burning By-law. Further,
that residents are encouraged to utilize certified natural gas or propane devices for
recreational purposes, thereby significantly reducing the impact on their neighbours and
the environment.
EXECUTIVE SUMMARY
In report FS -2015-02 (attached), staff made a recommendation to maintain the
principles of the existing Open Air Burning By-law. Council requested revisions to the
alternatives that were previously provided and this report outlines the resulting option for
Council's consideration. The option focuses on city-wide application of a permitted
process to allow for recreational campfires. It also includes a monetary charge for those
who violate the by-law.
BACKGROUND
At the last Council meeting, a full and open discussion on open air burning in Niagara
Falls was undertaken through Report FS -2015-02. The Fire Chief's position was
explained at length and Council considered all sides of the issue with limited public
input. At the end of the meeting, Council provided direction for the Fire Chief to report
back with a solution that would appease all parties. Although the Fire Chief's position
remains unchanged, the alternative herein is in keeping with Council's direction.
ANALYSIS/RATIONALE
An alternative to the status quo in Niagara Falls was requested and is provided below
for Council's consideration. If Council decides to adopt an alternative that allows for
recreational fires, the current provision for burning branches and prunings will continue
remain in effect, albeit under new permit requirements.
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FS -2015-04
June 23, 2015
Alternative - Authorization for Recreational Fires on a City-wide Basis
This alternative provides for small confined fires for recreational purposes throughout
the municipality with conditions. Most areas within the municipal boundaries are eligible
to burn as long as the associated conditions are met.
Conditions
• Anyone wishing to have recreational fires within the City of Niagara Falls shall
acquire an annual Recreational Fire Permit (attached) from the Fire
Prevention Office. The permit ensures persons responsible for recreational
fires are identified and that the owner has provided authorization for these
persons to burn on their property. Any fees charged for violations will be to
the owner.
• If the property is occupied by someone other than the property owner, written
consent from the owner must be available to be provided to the Niagara Falls
Fire Department upon request.
• The owner or responsible person on site must be at least 18 years of age and
be supervising the fire at all times.
• maximum size of burn area i.e., 1m x 1m x 1m. The fire must be completely
contained within this area.
• A means to extinguish the fire must be in the immediate vicinity and available
at all times and must consist of charged garden hose or appropriate fire
extinguisher. The fire must be completely extinguished before leaving
unattended.
• maximum wind allowed 20 kph.
• Every person must ensure that recreational open-air burning shall occur not
closer than 5 metres from adjacent property and combustible structures.
• Fire must be 5 metres away from any building, structure, hedge, fence,
vehicular roadway of any kind or nature, overhead wiring or any property line.
• Recreational burning only permitted between the hours of 8 a.m. and 11 p.m.
• Regarding solid fuels, only the burning of commercially produced charcoal,
briquettes or clean, dry seasoned wood shall be allowed, not including
painted or stained wood, pressure treated wood or creosote treated wood.
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FS -2015-04
June 23, 2015
• Allow for use of outdoor style fireplaces (chimineas) with restrictions:
> Must be installed on a non-combustible surface
➢ 3 -metre clearance from combustible objects
> All other restrictions for recreational fires
• Every person who conducts recreational open-air burning shall ensure that
adjacent properties, including roadways, public thoroughfares and sidewalks,
are not adversely affected by products of combustion including the escape of
fire or combustible solids such as sparks or ash from the fire.
• Where, in the opinion of a Niagara Falls Fire Officer or Provincial Offences
Officer, approved open air burning is a having a negative impact on the
occupants of adjacent land, the fire is adversely affecting persons using a
road or highway adjacent to the burn site, the weather had deteriorated,
conditions have become unfavourable, or conditions attached to any permit or
the provisions of the by-law are being contravened, the officer is hereby
granted the authority to order the owner or occupant to immediately
extinguish the fire.
• Monetary charges would apply for the response and permit revoked where
the recreational fire is found to be in contravention of the by-law. Monetary
charges would apply to anyone without a permit, whether in compliance or
not.
• A false reporting clause will be included where a person who reports a
complaint has no justification for the complaint and the permit holder is in
compliance with the by-law, and shall on a repeat offence have a monetary
charge applied for the response.
The current list of campgrounds and camping areas needs to be reviewed and updated.
Additional wording is also required in the by-law to address fire bans. The Chief Fire
Official retains authority and discretion to ban all open air fires during extremely dry, hot
weather conditions in order to reduce potential for fire spread. High smog days can also
trigger fire bans in order to limit the environmental pollution that contributes to smog.
Fire bans would be communicated through the city website and other media. These
conditions and other housekeeping items that require updating will be brought forward
for by-law inclusion.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
It is unknown if the number of responses and amount of work generated for staff will
increase if the by-law is changed to allow for recreational fires. The revenue generated
from permit fees will assist in offsetting staff administration time. It is suggested that the
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FS -2015-04
June 23, 2015
permits be set at $20.00 per calendar year. An exception is 2015 with no fee for the
remainder of this year only. The fire response charges are set at the current MTO rates
(currently $410.00 per hour, 1 hour minimum).
CITY'S STRATEGIC COMMITMENT
The recommendations are proposed to sustain a healthy and safe community.
LIST OF ATTACHMENTS
1. Council Report No. FS -2015-02, Open Air Burning
Recommended by:
Respectfully submitted:
L. Smith:tc
Smith, Fire Chief
Ke Todd, Chief Administrative Officer
Fej4
Niagaraaalls
rrw rn�
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Fire Department
SUBJECT: FS -2015-02
Open Air Burning
FS -2015-02
May 12, 2015
RECOMMENDATION
That Council maintains the existing provisions of the Open Air Burning By-law.
EXECUTIVE SUMMARY
The open air burning by-law has been tightly controlled for decades as a means to
reduce the incidence of uncontrolled fires and to assist in promoting good relations
between neighbours. It is routinely reviewed and is fully supported by staff who
believes the by-law serves the best interest of our community through diligent fire safety
practices, environmental stewardship and the health and safety of our community. More
recently, there has been interest in bringing the issue back to Council for further
discussion. Although staffs recommendation is to maintain the existing provisions,
Council has been provided two alternatives for discussion.
BACKGROUND
The burning by-law has been in existence for many years. It is based upon fire
prevention principles and the fire department's history of response to complaints. Many
of the complaints involve neighbour disputes where the complaint is used to restrict a
neighbour's activities. However, there have also been a significant number of
complaints originating from neighbours whose rights to enjoy their property have been
compromised. These complaints originate from smoke and ash impacting neighbours
but also out of concern that the activity threatens property or life safety. Staff was
asked to provide a similar report in 2010, FS -2010-09 (attached) and Council supported
provisions of the existing by-law.
There are exceptions to the by-law restrictions for registered campgrounds within the
city. An exception was also created for the Chippawa Dock Owners Association (CDOA)
along the Chippawa Creek on Ontario Power Generation (OPG) lands for adjacent
property owners. The special permission was granted with OPG permission on a tract
of primarily open land along the water. It has existed since the 1990s and adjacent land
owners had grown accustomed to burning campfires on OPG property.
2
FS -2015-02
May 12, 2015
In 2014, OPG revoked the permission granted to allow the CDOA members (adjacent
land owners) to burn campfires on OPG property along the Chippawa Creek. A
subsequent meeting was requested by CDOA representatives to meet with the OPG,
Mayor and Fire Chief to request an agreement that would allow CDOA members to
continue to burn campfires along the Chippawa Creek. OPG was not in agreement but
offered that if the City took over control of the property in question, they would likely not
object to campfire activity. In concert with that suggestion, it was also requested that
the current Open Air Burning By-law be reviewed for changes that would allow for
recreational campfires on a city-wide basis.
ANALYSIS/RATIONALE
The municipality has the ability to create a by-law respecting open air burning in
Niagara Falls in conformance with the Ontario Fire Code (OFC). Article 2.4.4.4. allows
for "approved" fires by the Chief Fire Official which can be addressed conditionally, city-
wide or within defined areas. Certified gaseous fuel appliances are also allowed by the
OFC (e.g., barbecues, gas fire pits). This includes approved propane devices that burn
similar to a gas fireplace but are for outdoor use (photo attached).
Our by-law has been reviewed routinely and alternatives discussed. Although the by-
law has remained principally unchanged over the years, fire staff believes it has served
our municipality well and staff does not recommend a less stringent option. The
Niagara Falls by-law is currently similar to the St. Catharines by-law in its approach and
their by-law recommendation was recently upheld by the City of St. Catharines Council.
The existing by-law in our city does allow a process for farmers in rural areas to burn
branches and prunings on their properties.
In addition, there are few Ontario municipalities of equal or greater size compared to
Niagara Falls that allow recreational campfires within their urban boundaries. One
exception is Mississauga, however, a property owner is required to have 50m clearance
in all directions from their campfire. The only municipality in the Niagara Region that is
larger than Niagara Falls is St. Catharines and they do not permit recreational burning
(except for gaseous fuels in a certified device). Of the other ten Niagara municipalities,
Thorold, Niagara -on -the -Lake and Port Colborne do not allow recreational fires;
Grimsby, Lincoln, Welland, West Lincoln and Pelham allow recreational fires through a
permit; Wainfleet, and Fort Erie allow recreational burning without a permit.
From an environmental protection perspective, remaining status quo is the more eco -
friendly and environmentally responsible option. A recent Hamilton Spectator article
(attached) by Dr. Mitchell of Hamilton references smoke from campfires as contributing
to adverse health effects among adults and children attending them. Many people have
enjoyed campfires growing up, but the public should be aware as more information
becomes available regarding health effects.
3
FS -2015-02
May 12, 2015
Allowing recreational fires also places the onus on neighbouring property owners to take
action if their health and the enjoyment of their properties are being detrimentally
affected by their neighbours' burning activities. It may not be obvious to those burning
about sensitivities to smoke and smells created by campfires. Staff's experience has
been that residents who are negatively impacted by open burning are reluctant to
approach their neighbours or file a complaint for fear of impacts to neighbour relations
or repercussions. This section has been provided for Council's consideration of the
impacts from recreational fires, if a more permissive approach is considered.
Alternatives to the status quo in Niagara Falls were requested and are provided below
for Council's consideration.
Alternative 1 - Authorization for recreational fires outside urban boundaries
This alternative would provide for small confined fires for recreational purposes in rural
areas with conditions. It also means no recreational fires would be allowed within the
urban boundaries where the greatest concerns to staff are located (map attached).
Alternative 2 - Authorization for recreational fires on a city-wide basis
This alternative would provide for small confined fires for recreational purposes
throughout the municipality with conditions. Most areas within the municipal boundaries
would be eligible to burn as long as the following conditions are met.
Conditions
Both alternatives would require meeting conditions below.
• maximum size of burn area i.e., 2'x 2'x2'.
• maximum wind allowed of 20 kph.
• Every person must ensure that recreational open-air burning shall occur not
closer than 5 metres from adjacent property and combustible structures.
• Fire must be 5 metres away from any building, structure, hedge, fence,
vehicular roadway of any kind or nature, overhead wiring or any property line.
• Recreational burning only permitted until 11 p.m.
• Regarding solid fuels, only the burning of commercially produced charcoal,
briquettes or clean, dry seasoned wood not including painted or stained
wood, pressure treated wood or creosote treated wood shall be allowed.
4
FS -2015-02
May 12, 2015
• Allow for use of outdoor style fireplaces (chimineas) with restrictions:
➢ Must be installed on a non-combustible surface
> 3 metre clearance from combustible objects
➢ All other restrictions for recreational fires
• Every person who conducts recreational open-air burning shall ensure that
adjacent properties, including roadways, public thoroughfares and sidewalks
are not adversely affected by products of combustion including the escape of
fire or combustible solids such as sparks or ash from the fire.
• If the property is occupied by someone other than the property owner, written
consent from the owner must be available to be provided to the Niagara Falls
Fire Department upon request.
• Fees would be charged if a response is required and the person responsible
for the recreational fire is found to be in contravention of the by-law.
• A false reporting response clause would be included whereby the adjacent
land owner(s) who cause a response and the person responsible is in
compliance with the by-law, shall on a repeat offence be responsible for any
and all costs incurred by the department for the response.
By-law revisions will be brought back to a future Council meeting whether Status Quo,
Alternative 1 or Alternative 2 are chosen to reflect needed changes to maintain
currency. For example, campfires are currently only permitted in campgrounds and with
special permission. Campgrounds are patrolled and additional suppression
requirements apply to them. The current list of campgrounds and camping areas needs
to be reviewed and updated.
Additional wording is also required in the by-law to address fire bans. The Chief Fire
Official retains authority and discretion to ban all open air fires during extremely dry, hot
weather conditions in order to reduce potential for fire spread. High smog days can also
trigger fire bans in order to limit the environmental pollution that contributes to smog.
Fire bans would be communicated through the city website and other media. These
conditions and other housekeeping items that require updating will be brought forward
for by-law inclusion.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
It is unknown if the number of responses and amount of work generated for staff will
increase if the by-law is changed to be more permissive. It is anticipated that if
alternative 1 or 2 were chosen and a site inspection and processing fee is used, the
fees charged to a homeowner on a cost recovery basis would be excessive. Therefore,
5
FS -2015-02
May 12, 2015
it would be preferred that site inspection and fees not occur, but rather educational
material be made available and an option for consultation with fire staff, if desired.
Niagara Falls has approximately 35,000 homes and currently responds to approximately
170 open air burning related calls per year. A total of 512 complaints were received
over a three-year period, 457 of those were located within urban areas. It is unknown
how many additional fire responses would occur due to the adoption of alternatives 1 or
2. The City would take on more risk if the by-law is changed to accommodate
recreational fires on a widespread basis. It is unknown if municipal or property
insurance increases would occur.
There have been properties damaged through unapproved open air burning practices in
Niagara Falls, as well a recent local fire death due to open air burning related activities
in another regional municipality .
CITY'S STRATEGIC COMMITMENT
The recommendations are proposed to sustain a healthy and safe community.
LIST OF ATTACHMENTS
1. Council Report No. FS -2010-09, Open Air Burning
2. City of Niagara Falls By-laws 81-65 and 72-211
3. Map of Urban Area Boundary
4. Hamilton Spectator Article, April 6, 2015 citing Dr. T. Mitchell of Hamilton
5. St. Catharines Standard article
6. Examples of Certified Propane Fire Pits
Recommended by:
Lee Smith, Fire Chief
Respectfully submitted.
Ken To d, Chief Administrative Officer
L. Smith:tc
//.."--4ir
ATTACHMENT 1
Niagairaaa11s
REPORT TO: Councillor Carolynn loannoni, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
SUBMITTED BY: Fire Department
SUBJECT: FS -2010-09
Open Air Burning
FS -2010-09
June 28, 2010
The recommendation(s)
contained in this report were
adopted in committee and
ratified by City Council
RECOMMENDATION
That Council support the existing open air burning by-law.
EXECUTIVE SUMMARY
Open air burning is one of the few areas that the Fire Protection and Prevention Act
(FPPA) allows municipalities the discretion to pass a by-law regulating the setting of open
air fires. Changes relevant to open air burning were made to the FPPA and became
effective January 1, 2003. In the absence of the requirements not being covered by a
municipal by-law, the requirements of the Ontario Fire Code are applicable.
The Ontario Fire Code prohibits open air burning in the Province, except under the
following conditions:
1) the burning consists of a small fire, supervised at all times and used to cook food
on a grill;
2) an appliance that conforms to the Technical Standards and Safety Act, 2000 (such
as approved propane and natural gas appliances) is used and installed in
accordance with the manufacturers instructions.
The City of Niagara Falls has passed a municipal by-law (attached) respecting fires set in
the open air. The Fire Department currently administers the provisions of this by-law as
well as enforcing the requirements of the Ontario Fire Code. In 2009, Council approved
the application of a fee of $350.00 to be charged to the owner for the second and all
subsequent responses for open air burning (FS 2009-02, attached).
BACKGROUND
The Niagara Falls Fire Department responds to approximately 300 open air burning
responses each year. The severity of the responses ranges from neighbour disputes,
emergency medical responses involving respiratory distress, smoke migration affecting
traffic safety and fires involving property, vegetation and materials hazardous to the
environment.
June 28, 2010 - 2 - FS -2010-09
The Niagara Falls Fire Department works diligently facilitating and approving requests to
burn in accordance with the municipal by law. This process frequently involves site visits,
meetings and monitoring to ensure compliance with the requirements of the by-law and
public safety.
The Fire Department often receives inquiries from members of the public concerning the
use of "chimineas" and other similar structures sold at local stores. The members of the
public who make the inquiry are informed that the Ontario Fire Code does not permit the
use of the majority of these devices, save and except for those appliances that conform
to the requirements of the Technical Standards and Safety Act. Additionally, those
appliances not approved by the Technical Standards and Safety Act frequently have a
statement on the packaging to "check with your local fire department prior to use".
The Niagara Falls Fire Department provides further education to the public on the
requirements of the Ontario Fire Code and the municipal by law regarding open air burning
during Fire Prevention Week, through the local newspapers and on the radio.
The Niagara Falls Fire Department has had extensive experience with open air burning
calls in our city. Most calls result from either smoke from a fire being mistaken for a
structure fire or calls from disgruntled neighbours who are either bothered by smoke or the
activities associated with recreational open air burning. Damage to structures in proximity
to open air burning has also been experienced and in one case open air burning spread
to neighbouring properties destroying grassland, woodlot, rail ties and threatened
movement of rail transportation as the fire spread across the tracks.
ANALYSIS/RATIONALE
The Fire Department is attempting to limit the number of burning by-law responses as they
commit available fire crews to numerous non -emergency calls and in many cases place
fire crews into a dispute mediation situation. Limiting the frequency of open air burning
responses increases the sustainability of current response staffing for a longer period of
time.
LIST OF ATTACHMENTS
1) FS 2009-02 Amendment to User Fee By -Law for Fire Prevention and Fire
Suppression Services
2) Bylaw No. 72-211 Hand-out
3) Copy of SRS Request #3171, Fran j+ Zarleng
Recommended by:
Respectfully submitted:
JJ/LS:tc
e Smith, Fire Chief
Keil Todd, Chief Administrative Officer
February 23, 2009
Niagarargi N
Councillor Victor Pietrangelo
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
Members
FS -2009-02
The recommendation(s)
contained in this report were
adopted by City Council
Re: FS -2009-02
Amendment to User Fee By -Law for Fire Prevention and Fire Suppression
Services
RECOMMENDATION:
That Council approve the report initiating amendments to the User Fee By-law for fire
prevention and suppression services.
BACKGROUND:
Niagara Falls Fire Services provides a number of fire prevention and suppression services to
the public, both residents and non residents of the city. Amending this by-law will introduce
new fees designed to partially recover costs associated with providing varied services to the
public.
The proposed user fees are calculated on a cost recovery basis and industry standards
intended to offset some or all costs in delivering services and will not in any way compromise
access by the public to fire protection services. In addition, these fees will not, in any manner,
jeopardize public fire safety.
An overview of fees to be charged is as follows:
1) Non-resident Motor Vehicle Responses
The recommendation is that Niagara Falls Fire Services charge a fee for responses to
incidents on city streets involving motor vehicles owned by residents living outside
the municipal boundaries of the City of Niagara Falls. A number of municipalities
in the Province of Ontario already have this user fee in place, including Toronto,
Hamilton, London, Windsor, Mississauga, Oakville and Burlington. The citizens of the
City of Niagara Falls pay for services provided by Niagara Falls Fire Services through
their municipal taxes" Individuals residing outside of the City of Niagara Falls may
Working Together to Serve Our Community
Fire Services
February 23, 2009 - 2 - FS -2009-02
presently receive some of those same services at no cost. In 2008, Niagara Falls Fire
Services responded to 191 motor vehicle incidents; based on statistics from those
municipalities with this user fee, approximately 5% ofthose responses involved vehicles
owned by persons living outside of the respective municipality. The proposed fee to be
charged is based upon the established Ministry of Transportation rates that are
presently billed for responses on Provincial highways. The rate would be $350.00 per
apparatus for the first hour or part thereof and $175.00 per piece of equipment for each
additional half-hour or part thereof.
This proposed fee is intended to offset some or all of the costs in delivering a service
to a non-resident of the City of Niagara Falls. The overall costs for providing
emergency services to resident taxpayers are minimized by shifting specific cost
recovery to those who actually use the service. Non-residents may be able to recover
this fee from their insurance company.
2) Second Response for Open Air Burning
The recommendation is that Niagara Falls Fire Services charge a fee for any second
emergency response to an address or property where open air burning is being
conducted without the required approval from Niagara Falls Fire Services or where the
owner is not in compliance with the requirements of the Burning By-law. After an initial
response, the owner is provided a copy of the Burning By-law and warned by the
responding emergency vehicle that a subsequent occurrence will result in not only
prosecution for violation of the Ontario Fire Code, but also a charge for the responding
emergency vehicle. The proposed fee to be charged is based upon the established
Ministry of Transportation rates that are presently billed on Provincial highways. The
rate would be $350.00 per apparatus for the first hour or part thereof and $175.00 per
apparatus of equipment for each additional half hour or part thereof. In 2008, Niagara
Falls Fire Services responded to 397 responses for open air burning; approximately 40
of those responses were for a second occurrence.
3) Re -inspection Fee
The recommendation is that Niagara Falls Fire Services charge a fee when re -
inspections are required for outstanding violations of the Ontario Fire Code. The
Ontario Fire Code states compliance with its provisions is the responsibility of the
owner.
This user fee would promote more timely compliance with the requirements of Niagara
Falls Fire Services by imposing an automatic fee for re -inspections when an owner is
non compliant with the requirements of the Ontario Fire Code or other municipally
legislated Fire Services requirements.
The re -inspection fee would be based on partial cost recovery (calculated on staff time
spent) and would apply to owners when a re -inspection is required to ensure all
violations of the Ontario Fire Code have been corrected. A fee of $100.00 is proposed
for the second and each subsequent re -inspection.
February 23, 2009
- 3 - FS -2009-02
This fee has the potential to improve public fire and life safety by providing a financial
incentive to comply with the requirements of the Ontario Fire Code. The resources of
Niagara Falls Fire Services would not be committed to countless re -inspections and
could be reallocated to additional fireprever}tcn and public education activities.
Recommended by:
Respectfully submitted
J. Jessop:tc
Lee Smith,
ie
277
Ed Dujlovic, Executive Director of Community Services
CITY OF NIAGARA FALLS
A CONSOLIDATED BY-LAW
Being By-law No. 72-211 as amended by:
By-law 81-65 and By-law 91-10.
A by-law respecting fires.
WHEREAS paragraphs 29 and 44 of subsection 1 of section 354 of the Municipal Act, R.S.O. 1970
provide that by-laws may be passed by the councils of local municipalities for prescribing for the whole
or part of the municipality the times during which fires may be set in the open air, and the precautions
to be observed by persons setting out fires and for making such other regulations for preventing fires and
the spread of fires as the council may deem necessary.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS ENACTS AS FOLLOWS:
1. In this by-law,
(a) "agricultural district", "industrial district", "rural district" and "rural agricultural district"
mean, respectively, a district or area of the City of Niagara Falls declared, designated or
established as an agricultural district or zone, an industrial district or zone, a rural district
or zone or a rural agricultural district or zone by any by-law now or hereafter passed and
in force in the City of Niagara Falls as constituted by The Regional Municipality of
Niagara Act pursuant to section 35 of The Planning Act R.S.O. 1970 or a predecessor of
that section;
(b) "Fire Chief", "Deputy Chief' and "Platoon Chief' and "Fire Prevention Officer" mean,
respectively, a person holding the office or rank of Fire Chief, a Deputy Chief, a Platoon
Chief or a Fire Prevention Officer of the City of Niagara Falls Fire Department;
(c) "fire" includes bonfire, campfire and any other fire in a yard, field or any other open
place but does not include:
(a) A charcoal or gas fire in a barbecue, hibachi or similar metal or masonry
container while being used for the cooking of food for human consumption
provided,
(i) such fire is not on a balcony of a building or in any other unsafe place,
and
(ii) such fire is attended by a person competent to supervise it;
(b) An appliance being used for heating pitch or asphalt;
(c) An appliance being used for construction or maintenance and which requires an
open flame,
-2-
(d) A campfire in a camping establishment licensed by the City of Niagara Falls
provided that such campfire is in an area of the camping establishment approved
by a Fire Prevention Officer and is attended by a person competent to supervise
it;
(e) A campfire, elsewhere within the City of Niagara Falls provided that such
campfire is in an area approved by a Fire Prevention Officer and is attended by
a person competent to supervise it;
(0 A fire set with the approval of City Council in a location approved by the Fire
Chief, Deputy Fire Chief, Platoon Chief or a Fire Prevention Officer and with
Fire Department personnel present;
(g)
A fire set by the Fire Department in training areas approved by the Fire Chief, a
Deputy Fire Chief, a Platoon Chief, or a Fire Prevention Officer for the purpose
of training or testing equipment;
(h) A fire set by a fire equipment manufacturer or his agent for the purpose of
demonstrating fire -fighting equipment in an area approved by the Fire Chief, a
Deputy Fire Chief, a Platoon Chief, or a Fire Prevention Officer and with Fire
Department personnel present;
(i)
A fire for thawing or heating building materials provided such fire is set in a
location approved by the Fire Chief, a Deputy Fire Chief, a Platoon Chief, or a
Fire Prevention Officer;
(j) The burning of brush or leaves by City employees in locations approved by the
Fire Chief, a Deputy Fire Chief, a Platoon Chief, or a Fire Prevention Officer
provided such burning is under the supervision of a City foreman and takes place
between the hours of 8 o'clock in the forenoon and 6 o'clock in the afternoon of
the same day; or
(k) A fire in a masonry fireplace in a Municipal or Provincial park.
2. No person shall, anywhere in the City of Niagara Falls, set or maintain a fire in the open air or
permit a fire in the open air to burn
(a) at any time between the hours of 6 o'clock in the afternoon of any day and 8 o'clock in
the forenoon of the next following day;
(b) at a location where there is a danger of such fire spreading to grass or other vegetaion;
(c) during a strong wind;
(d) on any road allowance or other municipal property;
-3-
(e) on or adjacent to any property where a building or structure is under construction;
(f) on or adjacent to any property where it is known that explosives or any other flammable
material is stored; or
(g)
on or adjacent to any property where there is a large gathering of people.
3. No person shall make or permit any fire of any size under conditions or circumstances likely to
cause loss of life or damage to any building or other property.
4. (1) No person shall burn debris or other material:
(a) in any building or structure which is being demolished;
(b) on the lot or site of any building or structure which is being demolished.
(2) No person shall set fire to:
(a) a building or structure for the purpose of demolishing the whole or any part
thereof;
(b) a demolished building or any part thereof
5. Every person setting a fire in the open air anywhere in the City of Niagara Falls shall,
(a) ensure that a person competent to supervise such fire and to extinguish it promptly in the
event of danger of the spread of such fire is in constant immediate attendance at the
specific place where the fire is burning;
(b) completely extinguish such fire before leaving the specific place where the fire is
burning; and
(c) except for the fire described in section 6 of this by-law,
(a) set and confine the fire in a metal or masonry container with a metal screen on
top having a mesh of not larger than one-half inch; and
(b) set and keep the fire not less than 50 feet from any building, wooden fence or
other combustible material or liquid.
6. (1) Every person setting a fire in the open air in any agricultural district, industrial district,
rural district, or rural agricultural district shall comply with the following additional
regulations,
(a) Subject to clause (b), the fire shall be kept at least 100 feet from any building;
-4-
(b) If branches and prunings in large quantities are to be burned:
(i) the fire shall be kept at least 200 feet from any building;
(ii) the Niagara Falls Fire Department shall be notified of the intention to set
the fire, and
(iii) the piles of branches and prunings to be burned shall be not more than 10
feet in diameter nor more than 10 feet in height.
(2) For the purpose of this section that part of the former Township of Humberstone now in
the City of Niagara Falls shall be deemed to be in a rural agricultural district.
7. The Fire Chief and every Deputy Chief, Platoon Chief, and Fire Prevention Officer is hereby
authorized to order any person to put out any fire when in the opinion of such Fire Chief, Deputy
Chief, Platoon Chief, or Fire Prevention Officer there is any danger of such fire spreading or
otherwise endangering life or property.
8. Every person setting a fire in the open air shall comply with all lawful directions of the Fire
Chief and every Deputy Chief, Platoon Chief and Fire Prevention Officer.
9. Wherever in this by-law any reference is made to time, such time shall, for any period of the year
during which Daylight Saving Time is proclaimed to be in effect in Niagara Falls, be construed
according to Daylight Saving Time and not Standard Time.
10. Every person who contravenes this by-law is guilty of an offence and is subject to a penalty not
to exceed $2000.00 exclusive of costs, pursuant to the Provincial Offences Act.
11. By-law No. 7101, 1966, as amended, of the former City of Niagara Falls and all by-laws of the
former Village of Chippawa and the former Townships of Willoughby, Crowland and
Humberstone which are inconsistent with the provisions of this by-law are hereby repealed.
12. Nothing in this by-law shall be deemed to authorize any fire, burning or other act which is in
contravention of The Environmental Protection Act, 1971 or any regulation made thereunder and
in the event of any conflict between the provisions of this by-law and the said Act or regulations,
the provisions of the said Act and regulations shall govern.
(Original By-law 72-211 was) passed this 20th day of November, 1972.
J. K. COLLINSON / CITY CLERK F. MILLER / MAYOR
First Reading:
Second Reading:
Third Reading:
November 20th, 1972
November 20th, 1972
November 20th, 1972
Council Minutes
May 12, 2015
ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that
the report be approved, as recommended.
Carried Unanimously
Councillor Pietrangelo stepped down as Chair.
REPORTS
FS -2015-02 — Open Fire Burning
The report recommends that Council maintains the existing provisions of the Open Air
Burning By-law.
Al Oleksuik was in favour of the third proposal in the report, which contemplates
controlled open air fires. The main objectives of the by-law would remain in place but
provisions could be incorporated that would be similar to the exemption currently
enjoyed by campgrounds He argued that there was not an environmental threat
associated with recreational fires.
Barbara Carr suffers from COPD. Allowing greater opportunities for recreational
fires will increase health risks. In the urban area, fires pose dangers and effects on
laundry and property.
Mila Samac, on behalf of her mother, is opposed to any changes. Her elderly
mother lives near residents who flaunt the by-law and have regular fires but she does
not want to formally complain.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Strange that the matter be referred back to staff for further investigation, including the
possibility of a permit system
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Strange that the report be referred back to staff to come back with more options.
Carried Unanimously
PRESENTATIONS/DEPUTATIONS
Kristen French Child Advocacy Centre Niagara
Marlene Derose, of the Kristen French Child Advocacy Centre Board, advised
Council of the organization's activities and how the centre is the first of its' kind. She
advised Council on opportunities to support the centre.
2
Council Minutes
June 23, 2015
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Thomson that the report be approved as recommended.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor
that Councillors be advised of the Business Development Company Visits schedule and
staff facilitate meetings between Council and the business community.
Carried Unanimously
PBD -2015-31 — CIP Funds be amended to Include Paving of Driveway Access &
Parking Areas in the Historic Drummondville & Downtown CIP
The report recommends that the Community Improvement Plans for the Historic
Drummondville and Downtown be amended to add the paving of driveway access or
parking areas as an eligible cost up to a maximum of 15% of eligible facade
improvement grants as outlined in this report.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Strange that the report be approved as recommended.
Carried Unanimously
OUTSTANDING ITEMS 7:30 P.M.
FS -2015-04 Open Air Burning — Supplementary
The report recommends that Council maintains the existing provisions of the Open Air
Burning By-law. Further, that residents are encouraged to utilize certified natural gas or
propane devices for recreational purposes, thereby significantly reducing the impact on
their neighbours and the environment.
ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio
that staff come back with a bylaw to implement the alternative outlined in the
recommendation report, authorizing recreational fires on a City-wide basis.
Motion Carried
with Councillor Strange opposed.
MAYOR'S REPORTS, ANNOUCEMENTS
Mayor Diodati extended condolences to Captain Paul DeKay, Fire Services, on the
passing of his father, Eldon DeKay, to William Weber, a city employee on the passing of
his mother, Millie Weber, and to Anna Morocco, a city employee, on the passing of her
father, Jack (Butch) Morocco,
Mayor Diodati advised of recent events: Rendezvous Canada Conference, Heart
Niagara Clark Centre Dedication, Springlicious, Federation of Canadian Municipalities
Conference in Edmonton, "The Wellness Story" Documentary Screening, produced by
Lana Marconi, Niagara Falls Firefighter Volunteer Recruit Graduation, Piccadilly Fish
and Chips opening, Niagara Dance Academy opening, Applebay Family Dental
opening, Linemen Rodeo NPEI, City of Niagara Falls Employee Recognition Breakfast
and the Pan AM Torch Relay and Community Celebration.
8
CITY OF NIAGARA FALLS
By-law No. 2015 -
A by-law to adopt, ratify and confirm the actions of City Council at its special meeting
held on the 19th day of August, 2015.
WHEREAS it is deemed desirable and expedient that the actions and proceedings of
Council as herein set forth be adopted, ratified and confirmed by by-law.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. The actions of the Council at its meeting held on the 26th day of May, 2015
including all motions, resolutions and other actions taken by the Council at its
said meeting, are hereby adopted, ratified and confirmed as if they were
expressly embodied in this by-law, except where the prior approval of the Ontario
Municipal Board or other authority is by law required or any action required by
law to be taken by resolution.
2. Where no individual by-law has been or is passed with respect to the taking of
any action authorized in or with respect to the exercise of any powers by the
Council, then this by-law shall be deemed for all purposes to be the by-law
required for approving, authorizing and taking of any action authorized therein or
thereby, or required for the exercise of any powers thereon by the Council.
3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls
are hereby authorized and directed to do all things necessary to give effect to the
said actions of the Council or to obtain approvals where required, and, except
where otherwise provided, the Mayor and the Clerk are hereby authorized and
directed to execute all documents arising therefrom and necessary on behalf of
the Corporation of the City of Niagara Falls and to affix thereto the corporate seal
of the Corporation of the City of Niagara Falls.
Passed this nineteenth day of August, 2015.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading:
Second Reading:
Third Reading:
August 19, 2015.
August 19, 2015.
August 19, 2015.