In proposing two amendments to the City of North Bay's open-air burning by-law, Fire Chief Jason Whiteley noted North Bay Fire and Emergency Services had reviewed its most common complaints and suggestions and identified two applicable areas that "balance safety, liability, convenience and pleasure of all citizens."
In his report, Whiteley advised a common request NBFES receives from members of the public is the ability to start outdoor fires earlier in the evening. At the other end of the spectrum, Whiteley noted the most common complaint the department hears is in regard to the ending time for burning and the desire to end it earlier.
The existing by-law allows for burning by permit-holders between 7:30 p.m. and 1 a.m. and is subject to several conditions.
Whiteley's proposal would change the permitted burning times to 6 p.m. until midnight, with the same fire safety conditions intact.
"It should be noted that the Forest Fires Prevention Act does not permit daytime burning. After our analysis, NBFES believes this to be a good balance," observed Whiteley. "This provides an extra 30 minutes of burning time and an earlier start for young families while helping to reduce nuisance complaints of late-night burning."
In 2021, fire crews responded to a resource-stretching 116 burning complaints.
The Ontario Fire Code does not permit open air burning unless approved. The Fire Protection and Prevention Act provides authority for a council of a municipality to pass by-laws regulating fire prevention, including the prevention of the spreading of fires and regulating the setting of open-air fires, including establishing the times during which open air fires may be set. Additionally, the City of North Bay is situated within the East Fire Region in the Forest Fires Prevention Act and must therefore comply with this Act and the associated Outdoor Fires Regulation (O Reg 207/96).
Whiteley's second suggestion is in regards to the use of barbecues on balconies above the first floor at certain buildings.
"Based on all the information/analysis we believe that the prohibition or use of barbecues should be the responsibility of the building owner, condo board or management representative," stated Whiteley, "and that NBFES does not provide an enforcement role of barbecue use in a building."
He acknowledged the common safety concerns with any gas-fired appliance and the storage of propane but maintained the Technical Safety Standards Association (TSSA) regulation on barbecues has been misunderstood.
"In a review of their regulations, barbecues are not prohibited from balconies. What is regulated is the storage, transportation and clearances required for propane use in a multi-storey building. NBFES does not have the authority to enforce these TSSA regulations," continued Whiteley.
"NBFES would be available for consultation on the risks and regulations, as well as public education to decision-makers and residents," on balcony barbecues, he added. "The Ontario Fire Code in regards to this type of propane use only allows us to regulate if we deem there is an extreme fire hazard or risk to life.
"Our enforcement is under the direction of this by-law. NBFES has done an environmental scan of enforcement in other jurisdictions and a risk-versus-reward analysis of allowing barbecues to be used."
Coun. Johanne Brousseau, chair of the council's community services committee, later clarified, "It will be up to every condo and apartment owner to look at the rules they have now and decide if they wish to change them or not. If they are making a change and would like to have more information, they can consult the fire department."
Deputy Mayor Tanya Vrebosch noted the confusion about balcony barbecues is widespread.
"Some people have barbecues, some don't. It's more about how do you safely transport propane tanks to the second, third or fifth floor. I'm hoping we have a good communication plan for the people who would now be regulating this."
Coun. Bill Vrebosch agreed communication will be the key to the possible transitions and Brousseau assured her colleagues a robust communication plan is already in place and ready for execution.
Members of North Bay City Council unanimously authorized the amendments during a special meeting, Tuesday, and will vote to make them official during their next regular meeting, Feb. 22.