Backyard fire bylaw proving too hot to handle

If you were to compare Saskatoon city council’s handling of its backyard fire bylaw to an actual blaze, the flames would have spread out of control and proved difficult to extinguish.

Prior to last week’s city council meeting, at least the opponents of a time limit thought they knew what they were likely to get — a window of 5 p.m. to 11 p.m.

Then, Coun. Mairin Loewen introduced an altered version, extending it to 2 p.m. to 11 p.m. That’s probably what Saskatoon residents will get when council renders its final decision next month, barring yet another unexpected twist.

Loewen said she had no interest in “workshopping ” the new time limit, but isn’t a lack of analysis one of the key problems with the process of trying to address concerns about backyard fires?

This entire journey seems to be distinguished by a lack of foresight. Despite a majority on council agreeing there needs to be a time limit, there appears to be no consensus on what it should be.

Loewen’s compromise marked the fourth different time limit considered by council in the last four months. In December, Coun. Zach Jeffries and Coun. Darren Hill each proposed different windows.

Council resoundingly rejected the idea of a registry for fire receptacles and pits by a 10-1 vote last Monday. But the same council voted 9-2 in December to ask the fire department to explore the idea of a permit system.

What could the fire department have come up with that council would have embraced? Could council have pursued a different path than a time limit?

Hill’s repeated calls for better enforcement seems reasonable and likely to address many of the nuisance fires. The bylaw is actually broad and vague enough to already provide for an almost complete ban on backyard fires, especially those that bother people’s neighbours.

The bylaw fines — a single fine has been issued in the last two years — are particularly onerous, more than double that of most bylaw infractions. Fines start at $250 for a first offence and rise to $500 for a second offence.

The bylaw states that fires must be extinguished if smoke “causes an unreasonable interference with the use and enjoyment of another person’s property.” That’s a pretty subjective definition if you want to enforce it.

The rules also set out the maximum dimensions for a “fire box” at 61 centimetres (about two feet).

A quick scan of the burning receptacles for sale in Saskatoon reveals most look like they exceed these limits, measuring closer to one metre (three feet).

The bylaw also bans fires in “windy conditions.” In Saskatchewan, that could apply just about any time. So why not put a number on it, say, no fires when the wind is 25 kilometres per hour or more?

Only the truly obnoxious could defend lighting a fire when the smoke is bound to drift into a neighbour’s yard. Then again, since Coun. Bev Dubois has got threatening messages over this issue, civility is hardly serving as a constraint for the conversation.

Many cities, including nearby Humboldt, require open-air fires to be located three metres (about 10 feet) from trees, power lines, sheds, fences, etc. Some cities have imposed such onerous distance requirements that they virtually prohibit backyard fires.

Saskatoon’s assistant fire chief, Wayne Rodger, says minimum safety distances have been considered in Saskatoon, but rejected so those with smaller yards are not punished.

It’s worth considering again, though, since it’s a common-sense safety measure to prevent the spread of flames, not just smoke.

Could it unfairly prohibit fires for those with smaller yards?

Yes, but it could also address some of the issues with denser neighbourhoods where smoke is a greater issue.

It’s worth remembering that Saskatoon’s current bylaw was introduced in 1994 to regulate mostly illegal backyard fires. It needs updating in a new era when backyard fire receptacles are more readily available.

The same theme runs through just about every city rule pertaining to people’s use of their own property: Do what you want so long as you don’t bother your neighbours.

That balance remains elusive.