Windsor city council approves bylaw to permit more types of open air fires

A request from Windsor fire officials to allow residents to start certain types of open air fires, with a permit, has been approved by Windsor city council.

Other than for the purpose of cooking, open air fires are currently prohibited in the City of Windsor.

At its Aug. 8 meeting, a report was presented to councillors which called for the adoption of an open air burning bylaw.

The bylaw would allow residents to also start campfires, prescribed burns for agricultural and fire hazard abatement uses and any other fire for which a permit has been issued by the city.

Under the proposed bylaw, the permit would cost $150 — which the report calls “the average cost per hour of service performed by a fire prevention officer.”

“Open-air burning shall not be allowed for general backyard fires or burning of refuse (garbage, trash, construction materials, etc.), lawn or garden,” a portion of the Aug. 8 report reads.

Despite surrounding regions such as LaSalle and Tecumseh allowing open air burning, Windsor's deputy chief of support services Jonathan Wilker said there is good reason Windsor has not followed suit.

"Windsor is an urban area, as opposed to the rural areas surrounding us. So for the restrictions required for burning within the City of Windsor, there's not a lot of areas that that meet those requirements," said Wilker.

The report added restrictions will also apply to open air burning near “sensitive receptors” where smoke may greatly risk people’s health.

Windsor Fire and Rescue Services, city bylaw officers and police would be responsible for enforcement. The report clarifies that current staffing levels are considered sufficient to handle the anticipated volume of applications and enforcement.

Ward 8 Coun. Gary Kaschak proposed similar changes back in 2020 but a slight majority of councillors extinguished those plans at the time.

"People are doing it. So why not do this properly? Why not legalize it? Why not get a permit lineup, get fire involved, even some backyard inspections and different things like that," said Kaschak, adding a lot has changed since he first proposed the ideas as a pilot project three years ago.

"I think the public has probably reached out to us, Windsor's fire chief and his staff and and they've responded with looking at different creative ways that we might be able to move this forward.

According to the report, Windsor fire officials say there is “minimal risk” in this new bylaw.

“While the proposed by-law creates a procedure for more outdoor fires to be permitted within the city than the current status quo, conditions will apply to all such fires which should mitigate the risk.”

The motion to introduce the new bylaw passed with an amendment: staff is expected to report back with an update on all burn permits over the next six months.