ITEM 6 - ATTACHMENT 2

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1 ITEM 6 - ATTACHMENT 2 ContJllued from Council Kerbslde Collettion Service - "Whee4le 81n" "Three Strikes" Chart IS this Ihe first bre"h In the Iil$' I ( three months? A"f,rst strike'" notice will be affixed to the bin CKMslne of the breach and IlOtl na the tim offence. A "second strike" notice will be affixed to the bin advising of the breach and notifiving the second offence. A "third strike" notice Will be 3ffh(ed to the bln ;)dvisl~ the I breach and notifying the third offence. Is this the third or more bfe,illch in the last three months?.1 The bin wrll not be emptied Has the Council Kerbside Collection 5efvIce been previously suspended? Has a "'third stoke" noeice been issued WIthin the last six montn for the same prop«ty occupier? A council officer will write to the property occupier and request a visit to discuss the suspension and the correct use of the Service. The Service will be suspended to that property for eight weeks, with nolice given In writing to the property occupier. Acoundl offlcer will write to the property occupier and requtst a visit todiscuss the SUSPMSk)n and the correct use of the SeMce. The service will be suspended to that property for fourwhks, WIth notk:e given In Wlitine to the propertyoaupier. A council ohicer will write to tne property occupier and requmt a visit todiscuss the correct use of the service. The offkef' Wlil empty the bin. The service will be suspended for four weeks. with notice ghren in writing to the property occupier. Has a "third strike'" notice been Issued within the last 12 montm for the same property occupier? P a g e 70 Palmerston North Waste Management and Minimisation Bylaw Administration Manual 20

2 PART 5 - COMMERCIAL WASTE COLLECTOR LICENCE TERMS AND CONDITIONS A commercial waste collector licence is subject to the following conditions: Scope of licence 1. The licence commences on the date it has been signed by the Licensee and the Council. The duration of the licence will be stipulated in the Licence. 2. Only waste or diverted materials of the type identified on the licence may be collected by the licence holder. ITEM 6 - ATTACHMENT 2 Reporting and auditing 3. The licence holder must provide to the Council a monthly report on its waste and diverted material collection activities for the month prior no later than the 20 th day of the month following the period reported on. 4. The information in the report must include the following details: a. The amount (by weight in tonnes) of waste and diverted materials collected by the licence holder; and b. A breakdown of the waste and diverted materials by type of material; and c. Where the waste and diverted materials were deposited. 5. The Council reserves the right to audit the reports provided by the licence holder. For audit purposes, the Licence Holder will be required to grant Councilor its designated contractor access to information reasonably necessary to validate the reports provided in accordance with the terms and conditions of the licence. Confidentiality 6. Commercially sensitive material received from the commercial waste collector licence holder that the License-holder wishes to keep confidential must be stamped "commercially sensitive" by the licence holder and will be received by the Council on that basis under the Local Government and Official Information and Meetings Act 1987 and held subject to that Act. Bond 7. The licensee may be required to lodge a bond with the Council, as security against costs that may be incurred by the Council in the event of non-compliance with the licence. Liability and indemnity 8. The Council is not responsible or liable in any way whatsoever in respect of the actions of the licensee or the compliance or otherwise of the licensee with the terms of this licence. Palmerston North Waste Management and Minimisation Bylaw Administration Manual 21 P a g e 71

3 ITEM 6 - ATTACHMENT 2 Compliance 9. The licensee must comply with applicable laws, bylaws, regulations and Council's standards and policies, including the Council's Waste Management and Minimisation Plan. 10. The Council may require that the licensee has a Traffic Management Plan in place. 11.lf a licensee does not comply with the licence, the Council may: a. Issue a written warning to the licensee, which may be considered as evidence of a prior breach of a licence condition during any subsequent review of the licence; b. Review the licence, which may result in i. amendment of the licence; or ii. suspension of the licence; or iii. termination of the licence; c. Have recourse to any bond where the Council has incurred any cost as a result of the breach of the licence condition, including where the Council has itself performed or arranged for the performance of any licensed activity on the default of the licensee; d. Review the amount and nature ofthe bond, which may result in: i. an increase of the amount of the bond; ii. a change to the nature of the bond that has been provided; e. Enforce any offence that may have been committed under the Litter Act 1979; f. Enforce any breach of the Bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act Termination of licence 12. The licensee may terminate the licence by giving two months' notice in writing, or at a shorter notice by agreement with the Council. 13. The Council may terminate the licence: a. With one months' notice in writing, where the terms and conditions of the licence have not been met by the licensee; b. Immediately, without written notice, where the terms and conditions of the licence have not been met by the licensee and the beach of the terms and conditions poses a risk to the health and safety of any person or damage to Council property, or where the licensee breaches the Bylaw. Palmerston North Waste Management and Minimisation Bylaw Administration Manual 22 P a g e 72

4 Application Form Palmerston North City Council Waste Management and Minimisation Bylaw Commercial Waste Collector Licence 1. APPLICANT DETAILS (Any enquires please phone Palmerston North City Council ) Company Name: -:-; Associated brand names: ----''-- ITEM 6 - ATTACHMENT 2 Phone: Mailing Address:...:..:_-'- _ Physical Address: -7.-_----:,;.,-'-'--- _ Name of key contact: -'-'--"---''------=--.:. _ Telephone Number 24/7: ---:-;_:-;- _ Principle of company (Name): ---:-;-=-'---';,.,.:-':-,- _ Phone: ~ 2. APPLICATION PERIOD From to (maximum licence period 5 years) Licensee and Council checklist. Please ensure you complete all paperwork before returning. Form completed? Public Liability Insurance certificate attached Fee paid Licence Applicant Council Terms and conditions received Issue licence Palmerston North Waste Management and Minimisation Bylaw Administration Manual 23 P a g e 73

5 ITEM 6 - ATTACHMENT 2 3. DETAIL OF ACTIVITY Type of material being received and handled under the licence Please tick Domestic waste Recyclables Green Waste Construction and demolition waste Commercial waste Inorganic waste Hazardous waste Other (Please specify) _ 4. TYPE OF APPROVED CONTAINERS COLLECTED TYPE VOLUME (CAPACITY) 5. FACILITY/FACILITIES TO WHICH MATERIAL WILL BE TRANSPORTED BY THE COLLECTOR Name the type of facility/facilities (e.g. Transfer Station, landfill, c1eanfill, compost site, recycling plant, materials processing sites, Resource Recovery Facility) FACIlITY NAME AND TYPE LOCATION WASTE TYPE Palmerston North Waste Management and Minimisation Bylaw Administration Manual 24 P a g e 74

6 6. METHOD~TREATMENT Provide methods and treatment details of material that you handle: Please cover as appropriate How often and from where do you collect material? How is it transported? Will the material be commingled in your collection vehicles? How will the operator determine tonnages collected? How is the material recycled, recovered, reused? Is there any treatment of the material? If so what kind of treatment? Please describe in the box below (or attach a separate sheet): ITEM 6 - ATTACHMENT 2 7. FLEET Please attach details indicating the number and type of vehicles, their registration numbers, and what load containment measures are being used. VEHICLE REGISTRATION (Please attach any extra vehicles' information on a separate page) Palmerston North Waste Management and Minimisation Bylaw Administration Manual 25 P a g e 75

7 ITEM 6 - ATTACHMENT 2 8. EXPERIENCE Provide details of your experience in the waste industry. Please describe in the box below (or attach a separate sheet): 9. PAST OPERATIONAL ISSUES Provide details of any operational issues that might have affected your ability to perform in the past. 10. PUBLIC LIABILITY Provide a copy of certificate of public liability insurance covering the licence period. (A certificate from a broker is sufficient.) Palmerston North Waste Management and Minimisation Bylaw Administration Manual 26 P a g e 76

8 11. DECLARATION I/we agree to be bound by and fulfil all terms and conditions of the licence by signature, including (without limitation) meeting all information and reporting requirements. I/we declare that all information provided in this application and any (numbered) attachments and any information subsequently provided under the terms and conditions of the licence are correct and accurate. Signature of applicant: Name and Title of applicant: Date: ITEM 6 - ATTACHMENT 2 Please note: The person completing this application must be authorised, in writing, to act as a signatory on behalf of the applicant. Please ensure you complete all paperwork before returning Palmerston North Waste Management and Minimisation Bylaw Administration Manual 27 P a g e 77

9 ITEM 6 - ATTACHMENT 2 PART 6 TERMS AND CONDITIONS FOR EVENTS WASTE MANAGEMENT AND MINIMISATION The following terms and conditions apply to any event held on Council land or with Council funding: 1. The event organiser must take all reasonable steps to minimise the amount of waste generated at the event. This includes encouraging event participants (e.g. food vendors) to minimise the amount of packaging used or given out, and discouraging non-recyclable materials such as foil or foil-lined packaging, polystyrene or Styrofoam containers or cups, wax-lined paper cups or tetra packs. 2. The event organiser must take all reasonable steps to encourage recycling opportunities for materials used at the event. This includes: a. Using recyclable or compostable packaging wherever possible. Compostable materials are paper or cardboard (not plastic-lined), corn-starch/potato-bases/sugarcane based packaging, bamboo, PLA ("plant plastic"). b. Promoting to event attendees opportunities to recycle packaging. 3. The event organiser is responsible for ensuring both waste and recycling bins (with the types of material that can be accepted in each type of bin) are available and distributed widely around the event location. 4. The event organiser is responsible for ensuring that all waste and recyclable material collected at the event is disposed of correctly. Palmerston North Waste Management and Minimisation Bylaw Administration Manual 28 P a g e 78

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11 MEMORANDUM ITEM 7 TO: Planning and Policy Committee MEETING DATE: 5 September 2016 TITLE: Draft Urban Fire Control Bylaw Deliberations on Submissions and Adoption of Bylaw DATE: 15 August 2016 AUTHOR/S: Peter Ridge, Policy Analyst, City Future RECOMMENDATION(S) TO COUNCIL 1. That the Council determines that the Palmerston North Urban Fire Control Bylaw 2016 is the most appropriate form of bylaw and does not give rise to any implications under the NZ Bill of Rights Act That clause 2.1 of the draft Palmerston North Urban Fire Control Bylaw 2016 be amended to read: 2.1 This Bylaw is made under the Local Government Act The purpose of this Bylaw is: (a) To allow Council to exercise control over burning in the open air in urban areas of the District and prevent smoke from fires in the open causing a nuisance; (b) To prevent the spread of fires involving vegetation. 3. That the definition of Authorised officer/agent in clause 5.1 of the draft Palmerston North Urban Fire Control Bylaw 2016 be amended to read: means an officer or an agent appointed by the Council and given powers to perform duties, and functions under this Bylaw, and for clauses includes the New Zealand Fire Service. 4. That clause 6.1 of the draft Palmerston North Urban Fire Control Bylaw 2016 be amended to read: 6.1 Nothing in this Bylaw shall be regarded as derogating from the provisions of the Forest and Rural Fires Act 1977 and Forest and Rural Fires Regulations 1979 or replacement legislation or regulations. 5. That clause 7.2 of the draft Palmerston North Urban Fire Control Bylaw 2016 be amended to read: 7.2 Notwithstanding clause 7.1, an area identified as Urban but Rural Permit Required in the Rural and Urban Fire Districts Map contained in the P a g e 80

12 Administration Manual does not require a permit under this Bylaw. A rural fire permit issued under the Forest and Rural Fires Act 1977, or any replacement legislation, may be required. 6. That clause 7.3 of the draft Palmerston North Urban Fire Control Bylaw 2016 be amended to read: 7.3 Notwithstanding clause 7.1, a permit is not needed where the open air fire is a barbecue or an ethnic cooking fire. ITEM 7 7. That clause 13.1 and 13.2 of the draft Palmerston North Urban Fire Control Bylaw 2016 be amended by inserting the words see figure 1 for illustration and see figure 2 for illustration and by inserting figures 1 and 2 as shown on pages 8 and 9 of Attachment 1 to this report. 8. That clause 15.3 of the draft Palmerston North Urban Fire Control Bylaw 2016 be amended to read: 15.3 For the avoidance of doubt, the Council may grant a permit for an activity that would otherwise contravene this Bylaw. 9. That clause 15.7 be added to the draft Palmerston North Urban Fire Control Bylaw 2016, to read: 15.7 The Council must provide the New Zealand Fire Service Central Communications Centre with a copy of each permit issued under this Bylaw and, if its details do not appear on the permit, the property address to which the permit relates. 10. That clause 17.1 of the draft Palmerston North Urban Fire Control Bylaw 2016 be amended to read: 17.1 The Council has passed a resolution at the same time as making this Bylaw adopting the Administration Manual. The Administration Manual may from time to time be amended by resolution of the Council and all matters over which the Administration Manual defines, regulates, controls or prohibits related to this Bylaw, are matters that this Bylaw leaves to be addressed by resolution of Council under S151(2) of the Local Government Act That clause 17.2 be inserted in the draft Palmerston North Urban Fire Control Bylaw 2016, to read: 17.2 Before amending the Administration Manual, the Council will consult in accordance with the decision-making requirements of S82 of the Local Government Act That clause 19.2 of the draft Palmerston North Urban Fire Control Bylaw 2016 be amended to read: 19.2 In accordance with S242 of the Local Government Act 2002, an offence against this Bylaw is liable to summary conviction and a fine not exceeding $20,000. P a g e 81

13 ITEM That the third paragraph of the introduction to the draft Palmerston North Urban Fire Control Bylaw Administration Manual 2016 be amended to read: This Administration Manual will be updated from time to time, as necessary, to ensure that it is kept up to date and reflects current practice. Amendments to this document will be made by a resolution of Council, and the General Manager for Customer Services will sign off any changes made to this document as a result of such resolution. 14. That condition 2 of Part 2 of the draft Palmerston North Urban Fire Control Bylaw Administration Manual 2016 be amended to read: 2. Except for barbecues fuelled by gas, the fire must not be lit within three metres of any part of a building, tree, hedge, fence or other combustible material. 15. That condition 5 of Part 2 of the draft Palmerston North Urban Fire Control Bylaw Administration Manual 2016 be amended to read: 5. The fire must not burn any compressed wood, treated or tanalised wood, green waste, plastics, rubber or accelerants where toxic substances are released. 16. That the application form for an Open Air Fire Permit in the draft Palmerston North Urban Fire Control Bylaw Administration Manual 2016 be amended to reflect the changes made to conditions 2 and That the Council checklist section of the application form for an Open Air Fire Permit in the draft Palmerston North Urban Fire Control Bylaw Administration Manual 2016 be amended to include Checked for nearby power transmission lines or substations? Yes/No 18. That the Council adopt the Palmerston North Urban Fire Control Bylaw 2016 and the Palmerston North Urban Fire Control Bylaw Administration Manual 2016, as attached in Attachments 1 3 to this report. 19. That the Council revokes the Nuisance Bylaw That the Chairperson and Deputy Chairperson of the Planning and Policy Committee be given delegated authority to approve minor amendments to the Palmerston North Urban Fire Control Bylaw 2016 and the Palmerston North Urban Fire Control Bylaw Administration Manual 2016 prior to publication. 1. ISSUE 1.1 The Council has undertaken public consultation on the draft Urban Fire Control Bylaw and received two submissions. Submitters have suggested a number of changes. Section 3 of this memorandum summarises the issues raised by submitters P a g e 82

14 and provides officer advice on those issues and recommends changes to the draft Bylaw. 1.2 This memorandum recommends that the Council adopts the Urban Fire Control Bylaw 2016 and Urban Fire Control Bylaw Administration Manual 2016 with the changes resulting from public consultation, as attached in attachments 1 3. As a consequence, this memorandum also recommends that the Nuisance Bylaw is revoked. ITEM 7 2. BACKGROUND 2.1 The Nuisance Bylaw was adopted on 26 September 2011 following the review of the 2004 bylaw. 2.2 Minor amendments were made to the Nuisance Bylaw in 2013 as part of an omnibus process to have regard to the recent boundary change. 2.3 In November 2015 the Planning and Policy Committee resolved that a bylaw was the most appropriate way of addressing the identified issues of fire hazards in the urban area, including the risk to public health and safety from fire spreading out of control, and the nuisance caused by smoke and ash from open air fires. In accordance with S155 of the Local Government Act 2002, the Committee resolved to develop a bylaw to address these issues. 2.4 In May 2015, the Planning and Policy Committee approved for public consultation a draft Urban Fire Control Bylaw and Administration Manual. Public consultation occurred during May and June 2016, and two written submissions were received. Public hearings were held in August 2016, with one submitter the New Zealand Fire Service - making an oral submission. 3. ANALYSIS OF SUBMISSIONS 3.1 Given the small number of submissions, the following analysis is presented by submitter rather than aggregated by issue. P a g e 83

15 ITEM 7 Submission #1 Transpower NZ 3.2 Transpower raised only one key issue, relating to the protection of National Grid transmission lines and substations. Their principal concern was that open air fires lit in the proximity of these assets could lead to deposit of carbon or ash that could compromise the functioning of the lines and substations. They suggested that fires should be prohibited within 100m of these assets, and provided a map that indicated the location of these assets. 3.3 From an operational perspective, Transpower s suggestion is achievable. Council s GIS database includes the location of these assets, and it should be feasible to identify whether an applicant is proposing to light an open air fire in the proximity of these assets. 3.4 The projected impact of the submitter s suggestion is effectively limited to the eastern section of Bunnythorpe and a very small section at the end of Pacific Drive. This is because the transmission lines and substations identified by Transpower are predominantly within the rural fire district. The location of the Bunnythorpe substation is the main exception, falling within the current urban fire area for the village, with the 110kV transmission line crossing through the urban area. If a 100 metre buffer were applied to these assets, then most of the north-eastern side of Bunnythorpe would be prevented from having open-air fires. 3.5 While the projected impact across Palmerston North would be minimal, the proposal potentially has a significant impact for the residents of Bunnythorpe. Nevertheless, the issues raised by Transpower relate to safety and the threat posed to continuity of electricity supply, and therefore should be treated seriously. 3.6 However, rather than ban open air fires within 100 metres of National Grid assets altogether, officers recommend that urban fire permit applications include consideration of the location of transmission lines and substations in the Council checklist. This would ensure that if such assets are in the vicinity of an open air fire, any safety concerns can be identified and mitigated as necessary. This method would align with the current approach used for rural fire permits. Submission #2 New Zealand Fire Service Commission 3.7 The New Zealand Fire Service Commission queried whether the Bylaw should be made, in light of the recent introduction of the Fire and Emergency NZ Bill to Parliament. It is anticipated that the new legislation would pass before the end of the year, and the new agency Fire and Emergency NZ (FENZ) would come into existence from 1 July 2017, replacing the current arrangement of urban and rural fire services and displacing the need for many aspects current addressed via bylaws. 3.8 Officers have considered this suggestion, and recommend that the Council proceed with its process to make the Urban Fire Control Bylaw. While the current Nuisance Bylaw could continue in place until September 2018 (when it would be automatically revoked), there remains a theoretical possibility that the FENZ legislation may not P a g e 84

16 pass, or that the creation of the agency may be delayed or may differ in its intended scope, such that a Bylaw may still be needed. Despite assurances that the legislation has bipartisan support in Parliament, officers believe that a prudent approach is to complete the process currently underway to make the Urban Fire Control Bylaw. There is no particular cost to the Council in continuing the current process, while there is a potential risk (albeit a small one) that if the current review was discontinued the Council may be without a means to regulate open air fires in the urban area. Once the new agency and operational procedures are in place, any Bylaw which is no longer required can be considered for revocation at that point. ITEM In addition to this overarching suggestion, the New Zealand Fire Service Commission raised ten issues, which are summarised below. Purpose of the Bylaw 3.10 Two issues were raised that clause 2.1(b) of the Bylaw was misleading because it suggested that it was a requirement to have a bylaw addressing fires involving vegetation, and that the reference to the Forest and Rural Fires Act was confusing when the Bylaw doesn t address rural areas Officers acknowledge the issues raised by submitter and recommend the following changes: Amend clause 2.1(b) to read To prevent the spread of fires involving vegetation. Delete reference to Forest and Rural Fires Act 1977 in clause 2.1 and amend to read This Bylaw is made under the Local Government Act Legislative basis for the Bylaw 3.12 The New Zealand Fire Service Commission observed that new legislation (the Fire and Emergency NZ Bill) was currently before Parliament and is expected to replace current legislation governing the Fire Service and change the delivery of urban and rural fire services. With this change impending, the submitter suggested that clauses 6.1 and 7.2 be amended to include the words or any relevant legislation to account for legislative changes Officers recommend that clauses 6.1 and 7.2 are amended as follows: Definitions 6.1 Nothing in this Bylaw shall be regarded as derogating from the provisions of the Forest and Rural Fires Act 1977 and Forest and Rural Fires Regulations 1979 or any replacement legislation or regulation. 7.2 A rural fire permit issued under the Forest and Rural Fires Act 1977, or any relevant replacement legislation, may be required The New Zealand Fire Service Commission submitted that several definitions should be amended, including: P a g e 85

17 ITEM 7 Authorised officer/agent should include New Zealand Fire Service for clauses , to enable them to extinguish fires lit, or allowed to burn, in breach of the Bylaw. Barbecue should include outdoor pizza ovens and outdoor bread ovens. Open air fire should include braziers, fire pits, and Chinese lanterns While the Fire Service should already have sufficient authority to extinguish fires in the urban area, officers acknowledge that the Fire Service could be included as an authorised agent for the purposes of clauses , to avoid any uncertainty about their ability to act Although particular types of outdoor cooking may be becoming more common, the definition of barbecue is already broad enough to capture such types of outdoor cooking as pizza or bread ovens and no particular advantage is created by adding specific examples to the definition. Rather, such examples may create an impression that the definition is exclusive rather than indicative. Officers recommend that the examples are not added to the definition of barbecue Similarly, the suggested addition of braziers, fire pits and Chinese lanterns to the definition of open air fire only creates further questions of what additional specific devices may be captured by the definition. Officers suggest that open air fire is already defined broadly to encompass such devices, and recommend that the definition is not amended. Restrictions on barbecues 3.18 The submitter suggested that the exemptions provided in clause 7.3 for ethnic cooking fires and barbecues fuelled by gas should be extended to include Weberstyle or Braai-style barbecues using solid fuels. The reason that the exemption in clause 7.3 was not extended to solid-fuelled barbecues was related to the additional safety risks they posed the risk of sparks and a non-controllable fuel source. However, officers have reconsidered this issue and support the submitter s suggestion that solid-fuel barbecues also be exempt from the open air fire permit requirement. The safety risks should be mitigated by all barbecues being subject to the conditions in part 2 of the Administration Manual, meaning that if a person breaches those conditions then the Council (or the New Zealand Fire Service, operating as an Authorised Agent) may extinguish or suppress the barbecue fire under clause 11 of the Bylaw. Application of the Regional Air Plan/One Plan 3.19 The New Zealand Fire Service Commission questions the certainty of clause 8.2, and notes that it is unclear whether it is intended that a permitted discharge under the One Plan (without a resource consent) is exempt from the Bylaw Clause 8.2 was originally included during the 2011 review to acknowledge a concern from Horizons Regional Council that even if a fire is permitted under the Bylaw it may still be subject to additional restrictions under the Regional Air Plan or the One P a g e 86

18 Plan. This does not mean that a fire which has consent under the One Plan does not require a permit under the Bylaw, simply that restrictions may apply under both the Bylaw and the One Plan. For that reason, the second part of clause 8.2 is provided to clarify that where the One Plan or the Regional Air Plan and the Bylaw both address the same aspect in different ways, then the Regional Air Plan or the One Plan takes precedence. The complex interactions between individual situations and the various documents mean it is not possible to predict what the outcome would be, and therefore identifies which document is to take precedence. ITEM 7 Storage of combustible materials 3.21 The submitter noted an apparent lack of clarity around how clause 13.2 is to be interpreted. It was suggested that a diagram may help to illustrate the matter Clause 13.2 recognises that there may be situations where it is safe to store combustible materials closer than 1.4 metres from the property boundary, and sets out what conditions must be met for this to be permitted. If a wall made of brick, stone or concrete sits between the stack and the property boundary, and that wall extends at least 1.4 metres beyond the end of the stack (and 450 millimetres above the top of the stack), then the stack may be placed closer to the boundary Officers acknowledge the issue, and have prepared illustrations that illustrate the application of clause These are included in the draft Bylaw for adoption. Permits 3.24 The New Zealand Fire Service Commission noted several issues relating to permits issued under the Bylaw. Firstly, that clause 15.3 should state that for the avoidance of doubt, a permit may be issued for an activity that would otherwise contravene the Bylaw, to clarify that it operates in addition to clause 15.1 Secondly, that the maximum 12-month duration for a permit specified in clause 15.5 is too long, and suggests that it should be reduced to 2 months. Thirdly, that specific requirements should be included in clause 15.6 to determine the grounds on which a permit may be cancelled. Fourthly, that a new clause be added to require the Council to provide copies of all fire permits to the New Zealand Fire Service Central Communications Centre Officers accept the first point, and recommend that the words For the avoidance of doubt are added to clause While these words do not change the operation of the clause in any significant way, it does signal that such a permit is extraordinary and different to any permit ordinarily issued under the Bylaw While officers accept that in many cases the maximum 12-month duration for a fire permit is too long, there are difficulties with making a change to this clause at this stage in the review process. Such a change was not flagged in the consultation documents, and it is likely that many fire permit holders may have chosen to make a submission if such a change had been proposed. Officers therefore advise that this change is not made without additional consultation on the matter. However, it is worth pointing out that the 12-month period is a maximum, and very few permits P a g e 87

19 ITEM 7 are issued for that length. When considering whether to issue a permit, and for what duration, officers have regard to the safety issues and the purpose of the Bylaw. Irrespective of the maximum duration permitted by the Bylaw, the effective duration of any single permit is likely to be much shorter, suited to the needs of the applicant and with regard to mitigating the safety risks that may be posed by the lighting of an open air fire. On this basis, officers do not recommend making a change to clause With regard to limiting the potential for abuse of discretionary power under clause 15.6 (cancelling permits), officers do not recommend making a change to this clause. While any discretionary power is technically open to abuse, there already exist two guiding principles to determine whether a permit may need to be cancelled to protect public health and safety, or to minimise nuisance. Officers suggest that these principles, which echo the purpose of the Bylaw, provide sufficient guidance on when and whether a permit should be cancelled On the matter of providing copies of fire permits to the Central Communications Centre, officers support this suggestion. It mirrors a similar requirement for rural fire permits, and will help to align these two processes. Therefore, officers recommend that clause 15.7 is added using the wording suggested by the submitter. Penalties 3.29 The submitter commented that the Bylaws Act 1910 does not permit the specifying of a different penalty for a breach of a bylaw where that penalty has been specified in legislation. The submitter suggests deleting clause 19.2 and amending clause 19.3 to include the maximum penalty While the submitter is correct that the Bylaws Act 1910 doesn t permit specifying a different penalty from that contained in legislation, clause 19.2 does not breach the Bylaws Act, it it simply notes that the maximum penalty is $20,000. While it is arguable whether the clause is necessary, it has been accepted practice for all recent bylaw reviews to note the maximum penalty permitted by the Local Government Act Clause 19.3 acts in tandem with clause 19.2, stating that offences may also be subject to the full range of enforcement actions available under the Local Government Act This refers to a range of actions such as seizing equipment involved in the commission of an offence, or a court-imposed injunction Officers recommend a minor amendment to clause 19.2 to clarify that the maximum penalty of $20,000 is in accordance with section 242 of the Local Government Act Administration Manual 3.33 The submitter had concerns that clause 17.1 did not make sense as it was worded, and that it was unclear whether the Bylaw or the Administration Manual took precedence. Rather than one document taking precedence over another, the Administration Manual informs the Bylaw. It is a reference document from which P a g e 88

20 the Bylaw draws specific details. It is not necessary to state that the Bylaw prevails over the Administration Manual because the Administration Manual is not a bylaw. Nevertheless, the wording of clause 17.1 could be improved. Officers recommend amending clause 17.1 to read The Council has passed a resolution at the same time as making this Bylaw adopting the Administration Manual. The Administration Manual may from time to time be amended by resolution of the Council and all matters over which the Administration Manual defines, regulates, controls or prohibits related to this Bylaw, are matters that this Bylaw leaves to be addressed by resolution of Council under S151(2) of the Local Government Act 2002." ITEM Officers also recommend inserting an additional clause after 17.1 to align with other recent bylaws, that acknowledges the consultation that will occur before the Administration Manual is amended. The recommended clause reads Before amending the Administration Manual, the Council will consult in accordance with the decision-making requirements of S82 of the Local Government Act This different wording is also in response to an issue raised by a submitter on the Waste Management and Minimisation Bylaw, and references the consultation principles described in section 82 of the Local Government Act The submitter also queried why the General Manager for Customer Services was identified in the introduction to the Administration Manual as empowered to amend the Administration Manual, counter to what is provided for in clause 17 of the Bylaw. Officers note that the intent of the opening paragraph of the Administration Manual was to identify the General Manager as the person responsible for signing off on the final published version of the document (refer to the Document Control table at the front of the document). In this context, the authorisation is a quality control measure rather than a decision-making role. To avoid confusion, officers recommend amending the paragraph to read: "Amendments to this document will be made by a resolution of Council and the General Manager for Customer Services will sign off any changes made to this document as a result of such resolution." Conditions for open air fires 3.36 The New Zealand Fire Service Commission queried whether the 3 metre setback for an open air fire listed in the conditions of Part 2 of the Administration Manual is practical for barbecues, and suggested that if it was not practical it should be amended. Officers gave consideration to this issue, and determined that the safety risks remain, even for barbecues, but that the risk is minimal for gas-fuelled barbecues where the fuel source can be easily controlled and the risk of sparks is very low. On that basis, officers recommend amending condition 2 to read Except for barbecues fuelled by gas, the fire must not be lit within three metres of any part of a building, tree, hedge, fence or other combustible material The submitter also suggested that treated or tanalised wood should be prohibited from being burnt in an open air fire (condition 5). Officers agree, and recommend that these products should be added to the list of prohibited materials in an open air fire. P a g e 89

21 ITEM The New Zealand Fire Service Commission argued that open air fires should also be subject to a condition of not being lit or allowed to burn between sunset and sunrise (the hours of darkness). The rationale is that fires at that time are more likely to lead to false alarm callouts as a result of glow and smoke, and that pollutants tend to accumulate in still conditions more commonly found at night time. While officers acknowledge the issue, such change at this stage of the process would likely require additional consultation. Furthermore, officers believe that the current conditions applying to all open air fires, coupled with the recommendation to forward copies of all fire permits to the Central Communications Centre, should minimise the potential for false alarm callouts. 4. STRATEGIC ALIGNMENT 4.1 Fire safety is not directly addressed by any of Council s strategy documents. However, the Safe City Strategy identifies Safe Environment and Safety in Emergencies as key drivers contributing to a safe city. A bylaw that seeks to control the risk of fire hazards contributes to both these drivers by ensuring that our urban environments and residents are protected from fire hazards, and that safe fire practices are reinforced through the conditions of open air fire permits. 5. OTHER CONSIDERATIONS 5.1 The Council is required by S155 of the Local Government Act 2002 to determine whether the proposed bylaw is the most appropriate form of bylaw, and whether the proposed bylaw gives rise to any concerns under the New Zealand Bill of Rights Act 1990 (NZBORA). A full consideration of these matters was provided in a report presented to the Committee in November 2015, and was confirmed again in the May 2015 report that approved the draft Bylaw for public consultation. At each stage, the Committee determined and confirmed that the standalone form of bylaw was the most appropriate form of bylaw, and that the bylaw was unlikely to give rise to any concerns under NZBORA. 5.2 Following consultation, the assessment remains the same. The standalone form of bylaw remains the most appropriate form for the Urban Fire Control Bylaw. No concerns under NZBORA have been identified. 6. NEXT STEPS 6.1 If the Council adopts the Urban Fire Control Bylaw and Administration Manual as recommended, then it will come into effect on 17 October 2016, allowing at least 14 days public notice of its commencement. 6.2 Officers will contact submitters to advise them of the outcome of the consultation process, and how they can obtain a copy of the final Bylaw and Administration Manual. ATTACHMENTS P a g e 90

22 1. Palmerston North Urban Fire Control Bylaw Palmerston North Urban Fire Control Bylaw Administration Manual Map (Part 4 Administration Manual) - Urban Area Showing Rural and Urban Fire Districts Peter Ridge Policy Analyst ITEM 7 P a g e 91

23 ITEM 7 - ATTACHMENT 1 PALMERSTON NORTH CITY PALMERSTON NORTH URBAN FIRE CONTROL BYLAW 2016 Palmerston North Urban Fire Control Bylaw 2016 P a g e 92

24 PALMERSTON NORTH URBAN FIRE CONTROL BYLAW TITLE PART 1 INTRODUCTION 1.1 The title of this Bylaw is the Palmerston North Urban Fire Control Bylaw ITEM 7 - ATTACHMENT 1 2. PURPOSE 2.1 This Bylaw is made under the Local Government Act 2002 and the Forest and Rllral Fires i\ot The purpose of this Bylaw is: (a) To allow Council to exercise control over burning in the open air in urban areas of the District and prevent smoke from fires in the open causing a nuisance; (b) To meet the reqllirements of the Looal Government Aot 2002 seglion 14e(0) for territorial allthorities to have a gylaw to prevent the spread of fires involving vegetation. 3. COMMENCEMENT 3.1 This Bylaw was adopted by the Council on 26 September 2016 and comes into force on 17 October REPEAL 4.1 The Palmerston North Nuisance Bylaw 2011 is repealed at midnight 16 October DEFINITIONS 5.1 For the purposes of this Bylaw the following definitions shall apply: Acceptable means of fire suppression means a hose connected to a reticulated water supply or an alternative means of fire suppression approved in writing in a particular case by the authorised officer. Palmerston North Urban Fire Control Bylaw P a g e 93

25 ITEM 7 - ATTACHMENT 1 Authorised Officer/Agent Barbecue Council means an officer or an agent appointed by the Council and given powers to perform duties, and functions under this Bylaw. means any fixed or portable gas, liquid or solid fuel burning equipment or device designed or intended for cooking food in the open air. means Palmerston North City Council. District Ethnic cooking fire Incinerator Incinerator fire Open air fire Prohibited fire season Urban area means the area within the territorial boundaries of the Palmerston North City Council. means any hangi, umu or similar fire constructed in a pit in the ground in the open air used for the preparation of food using ethnic cooking methods. means a container which is made of non-combustible materials, used for burning waste material. means a fire within an incinerator. means any fire lit other than in a dwelling or other enclosed building and includes incinerator fires and ethnic cooking fires and barbecues. means the period of time, whether fixed or indefinite, during which the lighting of fires in the open air is prohibited in accordance with clause 9 of this Bylaw. means the areas illustrated as Urban in the Rural and Urban Fire Districts Map contained in the Administration Manual. Palmerston North Urban Fire Control Bylaw P a g e 94

26 6. GENERAL PART 2 GENERAL FIRE CONTROL 6.1 Nothing in this Bylaw shall be regarded as derogating from the provisions of the Forest and Rural Fires Act 1977 and Forest and Rural Fires Regulations 1979 or replacement legislation or regulations. PART 3 OPEN AIR FIRES ITEM 7 - ATTACHMENT 1 7. OPEN AIR FIRES REQUIRE PERMIT 7.1 No person may light an open air fire in the urban area without an open air fire permit issued by the Council, or as provided for in this Bylaw. 7.2 Notwithstanding clause 7.1, an area identified as "Urban but Rural Permit Required" in the Rural and Urban Fire Districts Map contained in the Administration Manual does not require a permit under this Bylaw. A rural fire permit issued under the Forest and Rural Fires Act 1977 or any replacement legislation may be required. 7.3 Notwithstanding clause 7.1, a permit is not needed where the open air fire is a barbecue fuelled by gas, or an ethnic cooking fire. 8. CONDITIONS FOR LIGHTING FIRES IN THE OPEN AIR 8.1 All open air fires, whether they require a permit or not, shall be subject to the conditions listed in Part 2 of the Administration Manual 8.2 An open air fire may be subject to restrictions, controls or conditions under the Manawatu-Wanganui Regional Council Regional Air Plan or Operative One Plan. Where there is any discrepancy between this Bylaw and the Regional Air Plan or the Operative One Plan regarding the lighting of open air fires, the Regional Air Plan or the Operative One Plan prevails. 9. PROHIBITED FIRE SEASON 9.1 An authorised officer may at any time declare a prohibited fire season within the District, or in any specified part or parts thereof, and may at any time cancel or vary such declaration. 9.2 In a prohibited fire season, despite any permits issued under this Bylaw, no person shall light any open air fire. Palmerston North Urban Fire Control Bylaw P a g e 95