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CITY OF VANCOUVER POLICY REPORT
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Date: |
July 14, 2004 | |
Author: |
Scott Henderson | |
Phone No.: |
604-873-7562 | |
RTS No.: |
04412 | |
CC File No. |
113/3755 | |
Meeting Date: |
September 14, 2004 |
TO: |
Vancouver City Council |
FROM: |
General Manager/Fire Chief, Vancouver Fire & Rescue Services,
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SUBJECT: |
Amendments to Fire By-law No. 8191 - Fireworks & Open Air Fires |
RECOMMENDATION
A. THAT Council approve in principle the proposed amendments to the Fire By-law to regulate minimum standards regarding dates of use and type of Family Fireworks that may be used, and to assist Fire and Rescue Services in controlling open air fires.
B. THAT Council authorize the Director of Legal Services to bring forward the By-law amendments substantially as shown in Appendix A.
GENERAL MANAGER'S COMMENTS
The General Manager/Fire Chief RECOMMENDS approval of the above recommendations.
COUNCIL POLICY
There is no applicable Council Policy. However, in the past Council has been supportive of the notion that the Fire By-law meet the minimum standards of fire and life safety.
BACKGROUND
On January 13, 2004, Councillor Anne Roberts received a petition from the Kensington area residents who were concerned about the use of fireworks, in particular, Bottle Rockets and Roman Candles, and the fact that use of fireworks extended well beyond Halloween.
This report will show the need to revise the sections of the Fire By-law regarding the retailing of fireworks, in particular, the fireworks at Halloween. This report will recommend changes in definitions, methods and means of retailing fireworks, when fireworks can be discharged, and what types of fireworks may not be discharged.
Numerous calls responded to by fire halls over the past several years have been to backyard burning complaints. In many instances, individuals have used the guise of "Cooking over an Open Air Fire," to justify the outdoor fire. However, most often the appliance being used has not been a genuine outside cooking appliance i.e. barbeque. This report will show a need to amend the Fire By-law with respect to "Open Air Fires."
DISCUSSION
A. Sale & Use of Fireworks
The City of Vancouver is one of the municipalities in the Lower Mainland that allow family fireworks to be discharged during the week before Halloween. During this time, there are always difficulties in enforcing the Fire By-law in the following areas:
a) Minors in possession of fireworks.
b) Fireworks being discharged outside the week of October 25th to October31st.
c) Roman candles being misused.
d) Seizing fireworks when they do not comply with the Fire By-law and in the opinion of the Fire Chief, can be an unsafe situation.
The changes outlined in Appendix A will be beneficial in the enforcement of the Fire By-law. Roman Candles and Bottle Rockets would not be sold or possessed without a permit. Approximately eighty percent of the fires during Halloween in 2003 were caused by Roman Candles at a total dollar loss of $56,564.00. Mystical Fireworks Company is the major wholesaler in Vancouver, and has been notified that Roman Candles will not be able to be purchased or possessed without a Permit. "Mystical" felt that there would be minimal impact on their overall sales. Most Lower Mainland Fire Departments including Surrey Fire, North Vancouver Fire, New Westminster, Squamish, Coquitlam, Port Coquitlam and Chilliwack, have banned, or will be banning Roman Candles. Markham and Toronto do NOT allow discharging of family fireworks as Halloween is not a recognized event.
B. Open Air Fires
The City of Vancouver has not allowed open air burning for a number of years, unless permitted by the Fire Chief. In spite of the City's policy on "Open Air Burning," citizens continue to use pits and various other appliance type devices to bend this rule. Persons who light fires, (some larger than others) in backyards and on the beaches, tell the Fire Department on arrival that they are cooking food as the marshmallows or wieners are being brought out in haste. These are mainly nuisance fire calls that are disturbing to others in the area, can cause structural and other fires if left unattended, and pose a potential danger. The changes as listed in Appendix A will be useful in the enforcement of this section of the Fire By-law and are in line with the Vancouver Parks By-law.
FINANCIAL IMPLICATIONS
"Mystical" has a licensed magazine warehouse approved by Natural Resources Canada. An agreement has been made with "Mystical" to warehouse confiscated fireworks by our department at no cost. They will package the fireworks and hold them until the Court decides on a disposition.
A metal lockable storage locker will be required as a temporary magazine to be kept in the secured area at #1 Fire Hall (900 Heatley). The one-time cost of the temporary magazine is $2,500.00. Funding for the storage locker will be requested during the budget process for 2005.
COMMUNICATIONS
A media press release will be scheduled by our Public Education Office to announce the amendments to the Fireworks and Outdoor Fires sections of the Fire By-law.
Fireworks wholesalers have been contacted and will advise retailers that permit fees have increased and that Roman Candles can no longer be sold or purchased.
CONCLUSION
The Fire By-law revisions suggested in the report are, in the opinion of the General Manager of Fire and Rescue Services, the minimum standards regarding dates of use, and type of family Fireworks that may be allowed. In addition, changes are suggested to assist Fire and Rescue Services in controlling "open air fires" (both as outlined in Appendix A).
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APPENDIX A
PAGE 1 OF 3
A. DELETIONS FROM THE FIRE BY-LAW
1. Delete from Article 1.2.1.2. the definition "Family Pack".
2. Delete from Subsection 2.4.5. Open Air Fires the following title and Sentences:
2.4.5. Open Air Fires
2.4.5.1. 1) No person shall light or maintain a fire in the open air for any reason without first obtaining a permit from the Fire Chief. (See Appendix A)
2.4.5.2. 1) Notwithstanding the provisions of Article 2.4.5.1., a person may on private property light or maintain a fire in the open air for the purpose of cooking food where the fire is contained in a fireplace or barbeque specifically designed for such purpose.
2.4.5.3. 1) No person shall burn any materials resulting from the demolition of or surplus to the construction of any building or structure.
2.4.5.4. 1) Where a person intends to light an open fire, the Fire Chief may, as a condition of the permit, specify the type and number of fire protection equipment or require a fire watch for the site.
3. Delete from Article 5.8.2.3. Family Fireworks the following Sentences:
(2) Family fireworks, but not including firecrackers, may be possessed and discharged without a permit between October 25th and October 31st inclusive, except that no person shall discharge family fireworks in a street, lane or other public place except as authorized by the Fire Chief.
(3) No person shall offer for sale, or sell a roman candle, except as part of a family pack.
(4) No person shall offer for sale or sell family fireworks before October 25th and after October 31st.
B. ADDITIONS TO THE FIRE BY-LAW
1. To Article 1.2.1.2., after the definition of "Boiler", Council adds:
"Bottle Rocket" means a small tube or rocket with propelling charges secured to a stick which, when lit, rises out of a bottle, pipe, or other container with an unpredictable flight path or erratic movement."
APPENDIX A
PAGE 2 OF 3
2. Council replaces Subsection 2.4.5. as follows:
2.4.5. Open air and outdoor area fires
Prohibition on open air or outdoor area fires
2.4.5.1.
1) A person must not light or maintain a fire using any combustible material in the open air or in any outdoor area without first obtaining a permit from the Fire Chief. (See Appendix A)
Permit conditions for open air or outdoor area fires
2.4.5.2.
1) As a condition of issuance of a permit under Sentence 2.4.5.1.(1), the Fire Chief may:
a) require a fire watch, and
b) specify what fire protection equipment must be on site. (See Appendix A).
Exception for cooking food
2.4.5.3.
1) Despite Sentence 2.4.5.3.(1), a person, on private property, may light or maintain a fire in the open air or in an outdoor area to cook food if that person contains the fire in a barbeque or other appliance specifically designed for such purpose and acceptable to the Fire Chief."
3. To Article 5.8.2.2., after Sentence (3), Council adds:
"(4) Despite anything to the contrary in this By-law, a person under 19 years of age must not possess or discharge fireworks.
(5) If a person is holding fireworks in violation of this By-law:
a) any member of the Fire Department or Police Department may seize and dispose of such fireworks; and
b) the city is not liable to pay any compensation to such person for such fireworks."
APPENDIX A
PAGE 3 OF 3
4. To Article 5.8.2.3., Council adds:
"(2) A person who does not have a permit must not possess:
a) firecrackers, bottle rockets, or roman candles; or
b) family fireworks, other than firecrackers, bottle rockets or roman candles, except during the period from and including October 25th to and including October 31st.
(3) A person who does not have a permit must not discharge:
a) firecrackers, bottle rockets, or roman candles;
b) family fireworks, other than firecrackers, bottle rockets or roman candles, except on October 31st; or
c) family fireworks, other than firecrackers, bottle rockets or roman candles, in streets or other public places except as authorized by the Fire Chief.
(4) A person must not offer for sale or sell:
a) firecrackers, bottle rockets, or roman candles; or
b) family fireworks, other than firecrackers, bottle rockets or roman candles, except during the period from and including October 25th to and including October 31st."
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