Fireworks to be banned when burn bans are in effect

By Sharon Harrison
There was some good discussion around the horseshoe Thursday afternoon at the committee of the whole meeting, and no fireworks, as council heard about changes to the bylaw to regulate and control open-air burning in the County.

Those changes include the banning of fireworks when either a partial, or full burn ban, is in effect.

Also proposed was the banning of the use of burn barrels during a partial burn ban, but councillor Phil Prinzen didn’t like that idea and so put forward a motion to add burn barrels back into the bylaw to be allowed during a partial burn ban.

Prinzen reminded that these bylaw changes are something that was started about three years ago with the dry ash trees and the fireworks, however, he was taken by surprise at the restriction on burn barrels.

“I don’t really know if I am fully agreeing with the burn barrels being restricted,” he said. “Now, I see people burning their cardboard in their campfire, and we all know what happens when cardboard goes up.”

He also asked if there were numbers for how many responses are received for burn barrels, but the fire chief didn’t have the information at hand. “I do think that the burn barrels are safe to get rid of the cardboard and all that stuff because I know what happens when it goes into a campfire,” Prinzen added.

Councillor John Hirsch clarified that during a partial burn ban, now only campfires will be allowed under the new changes, but he also raised the use of burn barrels. “We used to be able to use burn barrels during partial burn bans, is that not just as safe as a campfire?” he asked.

“We found through our emergency response that often times during high-hazard conditions, that burn barrels tend to be a source of some of our emergency response,” said Patrick Howe, the County’s new fire chief and community emergency management co-ordinator. “Campfires tend to be well-supervised and maintained, and a safer opportunity to burn during the burn ban conditions, so that’s why burn barrels have been excluded.”

He outlined the proposed amendments to the bylaw to regulate and control open-air burning in the County. They will formalize the ability for the fire chief or designate to impose restrictions on open-air burning, and restrict the use of consumer fireworks during a partial and full burn ban. It will also define the open-air burning restrictions applied during both a partial and full burn ban.

Howe explained in his report that a review of housekeeping amendments to the open-air burning bylaw, an incompatibility regarding the use of fireworks as it relates to open-air burning was noted.

“The existing bylaw is silent on the use of fireworks, and it is desirable to regulate the use of fireworks during high fire-risk conditions to help reduce the risk of uncontrolled open-air fires,” noted Howe, who said open-air burning restrictions were not well defined.

The proposed definition on fireworks is similar to bylaws in neighbouring jurisdictions, such as Quinte West, Belleville and Brighton.

“Regulating fireworks during burn bans is well overdue,” said councillor Kate MacNaughton. “This is a good initiative we should probably have been doing a long time ago,” added Hirsch.

The ban on fireworks during either a partial or full burn ban apply only to “consumer” fireworks, which Howe defines as “low-hazard fireworks that are intended for outdoor recreational use by the public, including, but not limited to, Roman candles, fountains, volcanoes, mines and snakes”.

The ban does not include, and the bylaw does not regulate, novelty devices (sparklers, novelty devices, etc.) as the design of these devices is lower risk.

Also not included in the ban are display fireworks (high-hazard fireworks designed for use by a professional), and special effect pyrotechnics (high-hazard pyrotechnic articles designed for use by professionals).

“Staff propose that the open-air burning bylaw does not regulate the use of display fireworks or special effect pyrotechnics,” explained Howe. “The purchase and use of these are managed by professionals who require training and certification under the Explosives Act.”

He further noted that special events using display fireworks or special effect pyrotechnics also require consultation with the Fire Department.

Consumer fireworks pose a greater fire risk than novelty devices, and the use of consumer fireworks is not subject to the same training, certification and permitting rigour as the professional products used in display fireworks or special effect pyrotechnics, states the report.

“Almost 50 per cent of Ontario’s wildfires are caused by humans, and regulating the use of consumer fireworks during high fire-risk periods can help reduce uncontrolled fires, which pose a risk to the health, safety and well-being of persons and property within Prince Edward County.”

It is common practice for the fire chief or a designate to impose restrictions during high fire-risk periods, such as dry ground conditions and during droughts, that partially ban or fully ban open-air fires.

“These burn bans help prevent out-of-control fires that pose community risks and strain emergency services’ resources,” stated Howe. “To support the use of this effective tool, staff propose to amend the bylaw to clarify the ability for the fire chief or a designate, at their discretion, to impose a partial or full burn ban and to define the restrictions associated with a partial ban and a full ban.”

For partial burn bans, it’s proposed that only campfires would be permitted, and during a full ban, all open-air burning within the municipality would be restricted.

He said, in determining the need for open-air burning restrictions, several factors are considered, including environmental factors (fire weather indices and water supply), resource availability (firefighter and fleet availability) and other operational factors deemed relevant (number of calls for service, operational conditions).

Councillor Sam Branderhorst raised the point of campground fires at Sandbanks (half of which falls within the Athol ward she represents) where she asked if the new wording around campfires will help fire staff and when the County are managing either a partial or full burn bans and managing it with park staff.

Howe noted the parks are provincial jurisdiction, so the bylaw doesn’t apply within the park boundaries, so they manage their own fire risk, he said.

“So, they can have camp fires when we have a full burn ban if the Sandbanks wants them to?” asked Prinzen, who said he was unaware of that. “Generally, we are well-aligned in our approach to risk management, but that doesn’t mean it happens every time,” Howe replied.

The bylaw is expected to be approved (to include the amendment to allow burn barrels under partial burn bans) and enacted at the council meeting of June 23.

The Fire Chief’s report on the bylaw to regulate and control open-air burning in the County as discussed at the June 11 committee of the whole meeting can be found on the corresponding agenda item on the County’s website, along with the meeting recording.