Where There's Smoke, There's Ire!

1. Where There's Smoke, There's Ire! Our Story

2. OUR STORY In 2000, we bought a home to enjoy our retirement in. It was perfect for us! Everything on one floor, a surrounding deck, and a large expanse of lawn. Little did we know that, in 2002, our lives would be changed dramatically! Beginning in 2002, our home became surrounded and infiltrated by wood smoke from our neighbour.

3. There was no help in getting this smoke stopped. Everywhere we turned we received sympathy but were told there was nothing they could do. We were told that it was an issue to be dealt with at the municipal level. Approaching the municipality and asking for help gave us more sympathy but no action. The people we talked with said it was a ‘civil matter’. We called the Building Inspector repeatedly about the height of the chimney and were told it met code. What do you think? Did it?

7. We spoke, both in person and by telephone, to the neighbours telling them that the smoke was getting into our house and making life almost unbearable . The response was to ‘keep your windows closed’. We tried to explain that the smoke gets in through the furnace intake, spaces under doors, etc. They then said they would not stop burning , would burn what they want and to sue them if we didn’t like it… which we finally ended up doing. We obtained a temporary court injunction in May of 2005. Trial is pending. The next photo shows a diverter added to the chimney that directed the smoke at our house.

9. We approached our local council and they decided that the chimney needed to be raised and thought that would solve the problem. The chimney was raised, but the problem continued as the burning increased and the smoke billowed out day and night. There was no escaping the smoke and the stench. Many nights I would sleep with my head under the sheets hoping to escape the irritants of the smoke. I had burning eyes, a continual sore throat and nasal irritation that led to many sinus headaches and infections.

13. The brick chimney was originally an outdoor barbeque, that I never saw ever used. He added, what I like to call, a ‘plastic room’ around it and attached it to the side of the house. The plastic room was made of materials, he told the press, that he obtained from a greenhouse that was being rebuilt. The roof, also, is made of some type of corrugated plastic. The plastic room remains to this day. He then decided to add a wood stove instead and had it built in the far corner of the plastic room. This chimney pipe was too short and the council, once again, dealt with him and he raised it by about 5 feet. They had him replace the chimney cap, hoping it would deflect the smoke away. It didn’t. Perhaps he was upset about this as he removed the cap the next day and burned up a storm. The cap was later put back on.

15. The next few slides show some of the materials that were stored in the yard in various places. Most were partially covered but some piles were just thrown together. These piles contained treated wood, plywood, red barn wood, plastics, and scraps. The smoke was nauseating and the colour of the smoke varied by what was being burned. I knew then that we would have to do something!

29. Our ordeal began in 2002 .. Interlocutory Injunction obtained in May of 2005 I can tell you first-hand what it is like when one is forced to deal with a smoke issue, as I have lived through it. I can tell you that the stench permeates your entire home, your clothing, your hair, and you can even taste it. Exposure to the smoke was extremely uncomfortable and caused burning eyes, dry throat, irritation of the nasal passages and headaches. When the smoke stopped, so did the symptoms. There was no relief by opening windows because the acrid smells were like a fog covering our house. Buying expensive air cleaners did nothing to remove the odours. There was no enjoying the deck and yard as long as the wood burning stove was in operation.

31. As there was no provincial or municipal authority to whom we could turn to for help, we were forced to resort to the courts. In order to get the smell of the wood smoke out of the house, we removed and replaced the carpeting, ductwork, the furnace and air conditioning unit, and cleaned all surfaces including the walls. Mattresses and pillows were discarded as they smelled of wood smoke. It was an expensive project. I can tell you the fatigue my husband felt after working all day and then going to our house until near midnight day after day to work on the renovations. Myself, I had all the clothing and every knick-knack and assorted other household objects to wash before bringing them back to the house. I came to notice that there were absolutely no cobwebs in a house that had been vacated for so long. I can only assume that something in the smoke killed the spiders because, now that we have the Injunction and there is no burning, I again have cobwebs.

33. We were fortunate enough to have the means to seek legal help. Remember that there was no provincial or municipal authority which we could turn to for help. What would happen to those that cannot afford legal help? Would they be forced to move out of their homes? Could they afford to do that? Would they be able to sell their home when a potential buyer saw or smelled the smoke? Or, would they have to remain in their homes with their children and become sick? It's a thought that is very disturbing to me. • I think it is high time that our municipalities give some thought to banning all wood burning in residential areas. I fail to see how the public interest is served by permitting the unnecessary fouling of the air we all have the need to breathe.

34. To those of you that think this kind of thing could never happen to you, think again! It can happen almost overnight and not one family is guaranteed that they won’t end up in the same position as we did. Many municipalities have a ‘no outdoor burning’ bylaw, yet the smoke from indoor burning is released into the air and permeates throughout neighbourhoods and gets into neighbours homes. There is no escaping it, inside or out. Where is the help for the victims? The victims of smoke are a majority. The burners are not. Why is it so difficult to ban wood burning in residential areas? There is no smoking in public places now, yet the smoke from wood burning is far more dangerous and travels for miles, exposing everyone to its dangerous toxins. Does this make sense to anyone? Those municipalities that feel that a bylaw telling people what they can burn in their fireplaces and wood stoves is a good one are dead wrong. As you can see in my photos, you cannot control what people are burning in their homes. Shirley Brandie s.brandie@sympatico.ca Web site: http://WoodBurnerSmoke.net