Thursday, April 26, 2012

Barn parties face uphill battle

After listening all day to testimony and arguments about barn parties at a hearing of the Ontario Fire Commission, I'm doubtful that farmers are going to be allowed to continue a generations-long tradition.


Unless, that is, politicians listen and change the law to grant exemptions so barns can be used to host events such as family weddings and teenage parties.


It became clear during the hearing that Wilmot Township fire inspector Dale Mayhew decided to inspect barns only after somebody filed a complaint.


In the case of Carol Cressman-Foster, it was Ted Evered, an advisor to the Ontario Fire Marshall, who sent an e-mail to Wilmot Township. From there, Mayhew simply did what the law requires.


It's not yet clear whether Evered filed a complaint about the White Barn, also in Wilmot Township, and that's why Mayhew inspected it last summer and issued a similar order to comply with the Ontario building and fire codes.


A hearing on that barn is yet to be held before the Ontario Fire Commission.


Commission chairman Rich Judge said his tribunal's task is clear-cut.
First, it needs to decide whether the barn is being used for "assembly occupancy." The definition is broad, including such things as social, educational and political gatherings.


Second, if it is being used for "assembly occupancy," then the question is whether it meets the building and fire codes.


It's hard to imagine that any "barn party" would escape the "assembly occupancy" definition.


And then that raises a hosts of hurdles for barn owners to use the barn for a party. They would need to hire an architect and an engineer and possibly an environmental consultant and they would need to bring the barn up to code, including exit doors, signs, lighting, perhaps firewalls and fire-retardant on barn boards and plank flooring.


One other thing that became clear during the hearing: any barn owner who files an appeal should hire a lawyer to handle the case.




Cressman-Foster and her agent, Ross Steckley, were badgered throughout for failure to comply with legal requirements and procedures. Wilmot Township lawyer Patrick Kraemer and commission chairman Judge often intervened to throw them off kilter by making them toe the lines.