Auckland's home fires, whose tiny particles can lodge in the lungs, are estimated to cause the premature deaths of 110 adults a year, as well as 76 hospital admissions for heart and breathing disorders.
The bylaw is intended to reduce this toll. It is aimed at cutting the number of times the city exceeds national fine-particle air pollution limits from an average of twice a year over the past five years, to no more than the permitted once a year.
It is expected to come into effect next May, subject to full-council approval and following public hearings in February. It covers metropolitan Auckland and the Orewa area, but excludes rural areas and rural towns such as Waiheke, Pukekohe and Warkworth.
Under the latest plan, supported yesterday, with some date changes, by the council's regulatory committee:
From next May, indoor open fireplaces must be disabled and pre-2005 burners must be removed or replaced before a house can be sold.
Indoor coal fires will be banned from the same date, a year earlier than first planned. From October 2018, the use of indoor open fires and pre-2005 burners will be banned. This is a two-year reprieve for users of open fires.
Permanently disabling an open fireplace is defined as covering the fireplace, blocking the chimney or removing the firebricks or other masonry - to the satisfaction of the council.
Bylaws manager Helgard Wagener said this could involve fixing a piece of plywood over the fireplace or concreting over the chimney-top, or welding a plate over a metal flue.
The council expects details of fireplaces will be put on a property's land information memorandum, or LIM report, that buyers can obtain to check regulatory compliance.
If someone unblocks a fireplace after a house sale and resumes using it, the council will be able to force the removal of the whole structure.
Non-compliance with the bylaw risks, on conviction, a fine of up to $20,000, although Mr Wagener emphasised the council wanted to educate people and encourage compliance.
"It would have to be a serious transgression for us to take any further action than that."
Some committee members were concerned about the bylaw's impact on low-income households and, because the bylaw is a response to government regulations, want state funding so more help can be offered for conversions to cleaner heating.
Fire ban: 'a load of crap' says resident
Epsom resident Paul Wallace described the council's planned ban on open fires as "a load of crap".
The 64-year-old has lived in his Onslow Ave home with wife Janet Smart and son Thomas, 17, for about 10 years.
The main form of heating is an open fire in the lounge, Mr Wallace said.
"It's a very efficient way of heating the house. It doesn't cause much smoke, it's just the council being stupid."
The house, including the chimney, was built in the 1950s.
"It's fine, it works great."
"The problem we have is we're hoping to sell next year," Mr Wallace said.
He and his wife want to relocate to a smaller place as Thomas will be finishing school this year and Mr Wallace is due for retirement
If the proposed bylaw was implemented, the couple would face significant costs around installing a new heat system for their home.
"To close it [chimney] up is probably not dear, but to install a new gas fireplace would be a few thousand.
"It is an unnecessary cost imposed on us by the council. I don't agree with it," Mr Wallace said.
