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Adoption of By-Law 45-24 Amendments to the Open-Air Burning By-Law

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Adoption of By-Law 45-24 Amendments to the Open-Air Burning By-Law

At their Regular Meeting of Council on June 5, 2024, the Council of the Town of Aylmer passed the below resolution:

That Council give three readings to By-Law 45-24 Being a By-Law to Amend By-Law 45-21 Being a By-Law to Regulate Open-Air Burning in the Town of Aylmer

The following amendment has been adopted:

That section 2.3 Respecting Open-Air Cooking Fires be revised to provide the following restrictions:

Notwithstanding the restriction of 2.3 (b) and (c) of this By-Law 45-21 cooking on a covered porch, veranda or on a balcony of a multi-unit residential building may be permitted when all of the following conditions are met:

Owners, Landlords and/or Representing Agencies Responsibilities

The property owner and/or landlord/manager provides written approval for the use of an Open-Air Cooking Fire (barbeque or similar non-combustible container) and an acknowledgement of the increased risk and liability incurred through approving such activity, an acknowledgement that the property owner is liable for fines related to false alarm response to the fire department.

  1. That the building be of non-combustible construction.
  2. That the building has a fully verified/maintained fire alarm system.
  3. That the building has a fire protection verified/maintained sprinkler system.
  4. Balconies cannot be partially enclosed (meaning no walls or ceiling) or have combustible flooring (such as carpet).
  5. An acknowledgement that the property owner and/or landlord will proactively address any complaints related to smoke or nuisance, including efforts to mitigate false alarms.
  6. Signed agreements with tenants stating they understand and follow the rules and regulations will be provided to the fire department on request.

The following rules and regulations will be posted in a prominent location for residents and visitor to see outlining the restrictions in the following section:

Tenant Regulation/Responsibilities to Outdoor Cooking on balconies in multi-unit residential:

  1. Each residence must have a fire extinguisher meeting the minimum requirement of 1A10BC.
  2. No propane tanks over 20lbs are permitted.
  3. Propane tanks must be transported through the stairway and are not permitted on elevators.
  4. Propane tanks may not be stored inside of a residence.
  5. Only one propane tank is permitted per residence and must be physically connected at all times to the barbecue except when it is removed to be refilled.
  6. Open-Air Cooking device must remain at least one (1) meter away from any building opening or combustible material and at least three (3) meters away from any air intake of the building.
  7. That smoke from cooking on the balcony does not become a nuisance to neighbours.
  8. Only approved devices that are fabricated for the sole purpose of cooking food may be used.
  9. Turkey fryers/cookers or direct open flame designed to heat oil for cooking are not permitted.
  10. Charcoal and wood burning BBQs are prohibited.
  11. BBQ smokers designed to produce smoke in the cooking process are prohibited.
  12. Upon complaints to the Aylmer Fire Department landlords or property owners can be requested to address issues of non-compliance and/or revoke individual approvals provided to residences.

Updates to the Fire Regulations section of our website will be made and further communication will appear on the Town of Aylmer social media pages.

For more information, please contact the Director of Emergency Services/Fire Chief

Staff Report: FIRE 04-24 BBQs Use on Balconies – Aylmer Open Air Burning By-Law

Full By-Law: By-Law 45-24 Being a By-Law to Amend By-Law 45-21 Being a By-Law to Regulate Open-Air Burning in the Town of Aylmer

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