Dear Tony: Our strata is debating the safety of outdoor gas appliances and considering a bylaw to ban their use.
Since 2001, we have had two incidents involving gas barbecues. In one, a glass balcony wall exploded and, in the other, a fire on the balcony of a unit with wicker furniture caused more than $20,000 damage.
We have a group of owners who claim it is their right to have a barbecue and a gas patio heater, and the strata cannot prevent their use. We contacted our local fire marshall who advises it is up to us to set bylaws that regulate this activity. How do other strata corporations in the province manage this issue?
Corinne P.
Ever have this experience? Your gas barbecue was left on overnight and the dials are now so hot you cannot touch them, or they are starting to melt.
This happens all too frequently and often owners just wait for the appliance to run out of gas as opposed to calling 911 for assistance or risking injury.
These appliances are not intended to run for endless periods at high temperatures in restricted areas.
With more than 30,000 strata corporations across the province, in every type of climate zone and construction design, it is impossible to provide any example that could be a standard.
Each strata has to take a close look at the design and construction materials in its buildings, the locations where outdoor gas or fired appliances may be used and the potential where life safety issues or property damage may arise.
A backyard gas fire place may be acceptable in a townhouse complex where the fire pits are a safe distance from buildings, structures and trees and ensure a safe escape route in the event of an emergency. The same conditions are unlikely to apply to a townhouse backyard that is 10 feet by 10 feet and covered with a wood deck and building overhangs.
Overhead heaters may be safely operated if there is sufficient clearance above the heater, but a six-foot heater in a seven-foot balcony area in a wood-frame building is simply a matter of time before someone forgets the heater is on and torches the building.
Your example of gas barbecues on high-rise balconies pops up constantly. It is not only the potential damage to balcony walls or windows facing on to the balcony areas, but the constant smoke and grease produced by the barbecues is one of the most frequent complaints of nuisance that our office receives every summer.
Your bylaws could prohibit all types of gas and solid-fuel appliances used for cooking and heating.
They could also specifically limit location, hours of use and even impose a maximum size.
This is, ultimately, the voting choice of your owners. To live in a strata, we are sharing each other鈥檚 space and each other鈥檚 liability. In a strata, your home is not your castle. If the strata adopts new bylaws prohibiting barbecues, they will apply to everyone.
Here鈥檚 a bit of sobering perspective. Is a $20 steak cooked for five minutes outdoors really worth a $1-million insurance claim and the possible risk of safety to your fellow residents and their property?
听
Tony Gioventu is executive director of the Condominium Home Owners Association.
