Philip C. Mellor

The Kitchener Fire Department appealed a decision of the Fire Marshal that rescinded an inspection order issued to Bingemans Inc. The original order prohibited the use of an open chain-driven pizza oven under a tent at an outdoor music festival, citing the risk of fire from grease-laden vapours.

The Fire Safety Commission confirmed the Fire Marshal's decision, finding insufficient evidence that the specific pizza cooking operation produced a significant amount of grease-laden vapours.

The Commission held that the risk could be controlled by other approved measures and exercised its broad discretion to order a specific fire protection and risk management protocol for future uses of the temporary pizza oven setup on the respondent's property.