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HomeMy WebLinkAbout1958-19 Fire COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 1958-19 A BYLAW OF THE COUNTY OF NEWELL, IN THE PROVINCE OF ALBERTA, FOR THE PREVENTION OR EXTINGUISHING OF FIRES, FOR THE SAFETY, HEALTH AND WELFARE OF PEOPLE AND THE PROTECTION OF PEOPLE AND PROPERTY FROM INJURY OR DESTRUCTION BY FIRE. WHEREAS Sections 7, 8 and 9 of the Municipal Government Act. R.S.A. 2000 c. M-26 provide that Council may pass bylaws for the safety, health & welfare of people and the protection of people and property; and WHEREAS the Forest and Prairie Protection Act, R.S.A. 2000 c. F-19 grants powers and responsibilities to the County of Newell; and WHEREAS the Council of the County of Newell pursuant to the powers and responsibilities granted to it pursuant to the Municipal Government Act and the Forest and Prairie Protection Act wishes to provide for the prevention, regulation and control of the lighting of fires within the County of Newell and for the safety, health and welfare of people and the protection of people and property from damage or destruction by fire on the terms hereinafter provided; NOW THEREFORE, the Council of the County of Newell in Council duly assembled enacts as follows: 1. This Bylaw may be cited as "the Fire Bylaw". 2. In this Bylaw: 2.1 "Apparatus" shall mean any vehicle, machinery, or device for firefighting, as well as any vehicle used for transporting firefighters or supplies; 2.2 "Council" shall mean the Council of the County of Newell; 2.3 "County" shall mean the County of Newell; 2.4 "Department" shall mean all Fire Departments authorized to provide services within the boundaries of the County of Newell; 2.5 "Equipment" shall mean any tools, contrivances, devices or materials used by the Department to combat an Incident; 2.6 "Fire Break" shall mean an obstacle to the spread of fire, such as a strip of open land; 2.7 "Fire Chief' shall mean the individual appointed as Chief Officer of the Fire Department; Bylaw No. 1958-19 Page 2 2.8 "Fire Guardian" shall mean a person named or appointed as Fire Guardian pursuant to the Forest and Prairie Protection Act. Fire Chiefs shall be appointed as Fire Guardians for the purpose of this bylaw; 2.9 "Fire Permit"shall mean a permit issued by a Fire Guardian pursuant to the Forest and Prairie Protection Act, or this Bylaw, or both, allowing for the setting of an outdoor fire, a structure fire or an incinerator fire within the County; 2.10 "Fire Protection" shall mean all aspects of fire safety, including but not limited to: fire prevention, firefighting or suppression, pre-fire planning, public education and information, training or other staff development, and advising; 2.11 "Incident"shall mean a fire or situation where an explosion is imminent or any other situation where there is a danger, possible danger to life or property, or both, and to which the Department has responded; 2.12 "Incinerator Fire" shall mean a fire that is confined within a non-combustible structure, container, or barrel with openings covered with a heavy gauge metal screen having a mesh size not larger than 6 millimeters and which is used for the purpose of burning refuse, protecting stock from insects or for protecting garden plots from frost; 2.13 "Member" shall mean the Fire Chief and any member of a Department, including the Fire Chief of a Department; 2.14 "Outdoor Fire" shall mean any fire other than that defined as an Incinerator Fire, Structure Fire, or Recreational Fire Pit and shall include fires involving: humus, mulch, bales, ditches, stubble, fallen trees, cut trees, leaves, tree prunings,weeds, garden waste, wood or wood products not containing preservatives, soil, farm produce, brush, grass, feed, straw, hay, coal, or any fire that has escaped or spread from a building, structure, machine, vehicle, Recreational Fire Pit, or incinerator. An Incinerator Fire without the required metal screen shall be deemed to be an outdoor fire; 2.15 "Peace Officer" shall mean an individual appointed by the Solicitor General of Alberta, or Bylaw Enforcement Officer appointed by the Council of the County of Newell, or a member of the Royal Canadian Mounted Police; 2.16 "Recreational Fire Pit" shall mean any non-combustible device used for recreational burning of seasoned dried wood only. Construction design as per Schedule "A" attached; 2.17 "Responsible Person" shall mean a person at least 16 years of age that is competent to be in a supervision role. 2.18 "Running Fire" shall mean a fire burning without being under the proper control of any person; Bylaw No. 1958-19 Page 3 2.19 "Rural Fire & Emergency Services Coordinator" shall mean the person authorized by the County of Newell to fill that position. The County herein reserves the right to change the formal title name from time to time. Such revisions will not require an amendment to the Bylaw; 2.20 "Sufficient Precautions" shall mean such general fire precautions as may reasonably be required by the circumstances of the situation to ensure that the premises or lands are safe and that a suitable and sufficient assessment of the risks involved have been undertaken; 2.21 "Structure Fire" shall mean a fire confined to and within a building, structure, machine or vehicle which will or is likely to cause the destruction of or damage to such building, structure, machine or vehicle; 2.22 "Violation Ticket" shall mean a ticket issued for an offense committed against any of the provisions of this Bylaw or the Forest and Prairie Protection Act, R.S.A. 2000 c. F-19 and shall be in the form prescribed by the Provincial Offences Procedure Act, R.S.A. 2000 c. P-34. 3. The Departments and Rural Fire & Emergency Services Coordinator shall be responsible for carrying out such duties, obligations and responsibilities and without limiting the generality of the foregoing, may include: 3.1 preventing and e�inguishing fires; 3.2 preserving life, property, and protecting persons and property from injury or destruction by fire; 3.3 providing rescue and related emergency services; 3.4 preventing prairie or Running Fires and enforcing the provisions of the Forest and Prairie Protection Act; 3.5 preventing, combating and controlling incidents; 3.6 controlling and mitigating incidents involving dangerous goods. 4. For all incidents that occur within the jurisdictional boundaries for the County of Newell, the Rural Fire & Emergency Services Coordinator may, after assessing the situation, take command of the incident. Upon doing so, the Rural Fire & Emergency Services Coordinator has the authority which the Bylaw grants to a Fire Chief. 5. Fire Chief: 5.1 The Fire Chief shall perForm and carry out such duties and responsibilities pursuant to any Act or this Bylaw; Bylaw No. 1958-19 Page 4 5.2 The assistant to the Fire Chief shall be responsible for performing the duties and obligations of the Fire Chief in the absence of the Fire Chief and shall be the Deputy; 5.3 The Fire Chief, or any other member in charge at an Incident, is empowered to cause a building, structure or thing to be pulled down, demolished or otherwise removed, and prepare a fire break on any lands, if he or she deems it necessary, to prevent the spread of fire to other buildings, structures, lands or things; 5.4 A Fire Chief, or any other member delegated by the Fire Chief, may without a warrant enter on any land and premises, except a private dwelling house, for the purpose of discharging his duties under this bylaw. A Fire Chief, or any other member delegated by the Fire Chief, may without a warrant, enter a private dwelling house which is on fire and proceed to fight the fire. 6. Each year before the 1 st day of April, Council shall appoint a sufficient number of Fire Guardians to enforce the provisions of the Forest and Prairie Protection Act and this Bylaw within the boundaries of the County. All Fire Chiefs shall be appointed Fire Guardians. 7. Each Fire Guardian shall have the authority and power to: 7.1 delegate the authority to issue Fire Permits to another member for the purpose of this bylaw; 7.2 issue a Fire Permit in respect of any land within the County; 7.3 issue a Fire Permit with standard and pre-determined Fire Permit conditions together with any additional conditions imposed upon the applicant which the Fire Guardian considers appropriate; 7.4 may suspend or cancel at any time a Fire Permit and, on receiving notice of the suspension or cancellation, the person concerned shall immediately extinguish any fire set pursuant to his or her permit; 7.5 direct the operations of extinguishing or controlling the fire or operations to preserve life and property; 7.6 enforce the provisions of the Forest and Prairie Protection Act and this Bylaw within the boundaries of the County. 8. An application for a Fire Permit for an Incinerator Fire, Outdoor Fire or a Structure Fire shall be made to a Fire Guardian. The Fire Guardian shall receive and consider the application and after having done so he or she may, in his or her absolute discretion, either issue or refuse to issue a Fire Permit to the applicant. 9. Fire Permits issued pursuant to this Bylaw are valid for a period of time as shall be determined and set by the Fire Guardian issuing the permit. The Fire Permit shall have endorsed thereon the period of time for which the said permit is valid (not to exceed two Bylaw No. 1958-19 Page 5 weeks). A Fire Permit issued for an Incinerator Fire or a small confined fire for the burning of household waste shall be valid for a period of up to two (2) years with an end of year expiry date. 10. Each application for a Fire Permit shall contain the following information: 10.1 the applicant's name, mailing address, and other contact information for the applicant such as e-mail address, fax number and 24-hour contact phone number. 10.2 the legal description or rural address of the land on which the applicant proposes to set a fire; 10.3 the type and description of material which the applicant proposes to burn; 10.4 the period of time the Fire Permit is valid; 10.5 the name of the person supervising the burn; 10.6 the local Fire Chief's phone number; 10.7 additional conditions added to the Fire Permit if any; 10.8 the signature of the Fire Guardian; 10.9 the date of issue. 11. Council from time to time by resolution may establish a fee for issuing a Fire Permit. 12. A Fire Permit is not required under this Bylaw for a Recreational Fire Pit. 13. This Bylaw does not apply to any Industrial or Commercial type incinerator that is required to be licensed under the Environmental Protection and Enhancement Act, R.S.A. 2000 c. E-12. 14. This Bylaw does not apply to fires that are set for the purposes of training firefighters. 15. Where the Department has taken any action whatsoever for the purpose of; extinguishing a fire, responding to a fire call, alarm call, false alarm, preserving life or property from injury or destruction by fire, or responding to any other incident on land within the County, the County may, in respect of costs incurred by the Department in taking such action, charge costs incurred to the owner or occupant of the land in respect of which the action was taken. 15.1 The costs and fees to be charged by the Department for services rendered Bylaw No. 1958-19 Page 6 pursuant to this Bylaw shall be determined by Council by resolution from time to time; 15.2 In the event that the owner or occupant of any land within the County shall feel aggrieved by actions taken by the County pursuant to Section 15, such owner or occupant shall have a period of thirty (30) days from the date of mailing the notice of the action taken by the County to appeal to Council the action taken by the County. The decision of Council on any such appeal shall be final and binding upon the owner or occupant of the land and shall not be subject to any further appeal; 15.3 In respect of land within the County, in the event that the amount levied by the County is not paid within sixty (60) days after the mailing of a notice by the County pursuant to Section 15, or in the event of an appeal, within sixty (60) days of the date of mailing of the decision of Council on the appeal, the amount levied and unpaid shall be charged against the land upon which the fire was started as taxes due and owing in respect of that land. 16. No person shall light an Incinerator Fire, Outdoor Fire or Structure Fire unless he or she is the holder of a valid Fire Permit if required under this Bylaw or the Forest and Prairie Protection Act, or both. 17. No person shall direct or allow another to light an Incinerator Fire, Outdoor Fire or Structure Fire to be lit upon land that is owned or occupied by him or her or under his or her control except when such fire is permitted pursuant to this Bylaw. 18. When a fire has been lit in accordance with the requirements of this Bylaw and as a result of changing conditions, the fire becomes, or has the potential to become a Running Fire, the owner or occupant of the land, or the person having control of the land upon which such fire is lit, or the Responsible Person supervising the fire: 18.1 shall attempt to extinguish the fire immediately, 18.2 where he or she is unable to extinguish the fire quickly, shall report the fire to the department immediately. 19. No person shall either directly, indirectly, personally, through an agent, servant or employee, kindle a fire and let it become a Running Fire on any land that is not their own property or allow a Running Fire to pass from their own property to the property of another. 20. No person shall light an Outdoor Fire, Structure Fire, Incinerator Fire, or a Recreational Fire Pit Fire without first taking sufficient precautions to ensure that the fire can be kept under control at all times or when the weather conditions are conducive to creating a Running Fire. All fires shall be continuously supervised by a Responsible Person. Bylaw No. 1958-19 Page 7 21. No person shall conduct any activity that involves the use of fire, open flames, explosives, flammable/combustible devices, fireworks, exploding targets, appliances, equipment or ignition sources that might reasonably be expected to cause a Running Fire, unless sufficient precautions are taken to prevent the Running Fire from occurring. 22. No person shall: 22.1 provide false, incomplete, or misleading information on or with respect to the Fire Permit application; 22.2 interfere with the efforts of persons authorized in this Bylaw to extinguish fires or preserve life or property or other person(s) assisting or acting under the direction of a Member; 22.3 interFere with the operation of the Department's equipment or apparatus required to extinguish fires or preserve life or property; 22.4 damage or destroy any Department(s) property; 22.5 falsely represent themselves as a member, wear or display any fire service badge, cap, button, insignia or other paraphernalia which may leave the false impression that the person is a Member; 22.6 obstruct or otherwise interfere with access to any properties, roads, streets, highways or other approaches to any fire incident, fire hydrant, fire protection system, cistern, body of water or any water source designated or intended to be used for fire protection; 22.7 deposit, discard or leave any burning material or substance where it might ignite other materials and cause a Running Fire, Structure Fire or Outdoor Fire; 22.8 use a fire to burn prohibited debris as defined by Alberta Environment and Parks without first obtaining a permit from Alberta Environment and Parks; 22.9 light a fire on lands owned or controlled by the County without first obtaining the County's written consent. 23. Any person who fails to hold a valid Fire Permit, when one is required under this Bylaw, is guilty of an offense. 24. Any person to whom a Violation Ticket has been issued may make voluntary payment in respect of the Violation Ticket by delivering the Violation Ticket along with an amount equal to that specified for the offense as set out in this Bylaw,to the Provincial Court Office specified on the Violation Ticket. 25. A person who fails to comply with any provision contained in this Bylaw, except for the failure to hold a valid Fire Permit which is otherwise provided for under Section 23 of this Bylaw, is guilty of an offense. Bylaw No. 1958-19 Page 8 26. A Peace Officer may without warrant enter on any lands and premises, except a private dwelling house, for the purpose of ensuring a Fire Permit has been obtained for any Outdoor Fire and that all conditions of the Fire Permit are being met and may at his/her discretion order the fire to be extinguished if it is considered by the Peace Officer to be a Running Fire. Where a person who is authorized to do so, as provided for in Section 7.6 of this Bylaw, or any Peace Officer, has reasonable grounds to believe that a person has committed a breach of any of the provisions of this Bylaw, he or she may issue or request that a Peace Officer issue and serve such person a Violation Ticket. 26.1 Service of such Violation Ticket shall be sufficient if: 26.1.1 personally served to or, 26.1.2 left for him/her at his/her last or most usual place of abode with a person who is apparently at least 18 years old or, 26.1.3 mailed to the person committing the offense. 27. Notwithstanding any provision in this or any other bylaw, the Rural Fire & Emergency Services Coordinator may upon receiving input from the County of Newell Fire Chiefs, declare a Fire Ban on burning of any kind within the County of Newell. In the absence of the Rural Fire & Emergency Services Coordinator, the Reeve, acting on the recommendation of the County of Newell Fire Chiefs, or Council (collectively) may also declare a Fire Ban within the County of Newell. 27.1 Three levels or categories of fire controls may be implemented. (a) A Fire Advisory—Fires are allowed, but public warning advising of extreme caution is issued. This level is a warning and may be upgraded to a Fire Restriction or Fire Ban if conditions do not improve. (b) A Fire Restriction —All fires including: low hazard (family style fireworks), exploding targets, burning barrels, charcoal briquettes, sky lanterns, and incinerators are not allowed. All existing Fire Permits are immediately suspended, and no new permits will be issued. The following fires are allowed during a Fire Restriction period: i. approved gas or propane cooking appliances; ii. portable propane fire pits; iii. Recreational Fire Pits; iv. campfires burning within designated fire containment units located within approved campgrounds; v. wood pellet fully contained smokers (c) A Fire Ban - No fires are allowed (including: recreational firepits, fireworks, exploding targets, burning barrels, charcoal briquettes, wood pellet based fully contained smokers and sky lanterns). Bylaw No. 1958-19 Page 9 The following can be operated during fire ban periods. i. approved gas or propane cooking appliances. ii. portable propane fire pits. 27.2 When determining whether to declare a Fire Ban on burning within the County of Newell, consideration shall be given to any or all of the following factors: (a) levels of recent precipitation, (b) short or long term weather forecasts, (c) water shortages or restrictions, (d) availability of firefighting crews, equipment and apparatus, (e) the overall fire danger including fire load, abundance of ground fuels, and fine fuel moisture content, (� the amount of or increase in recent outside fires and (g) recommendations of local Fire Chiefs. 27.3 The County of Newell authorizes the Rural Fire & Emergency Services Coordinator, or the Reeve (in the absence of the Rural Fire& Emergency Services Coordinator) the authority to remove any Fire Ban when conditions warrant. 27.4 A person who contravenes this Bylaw during periods when a Fire Ban is in effect, may be subject to fines that are twice the amount established within the Bylaw. 28. Council may, in its absolute discretion, suspend or cancel a Fire Permit at any time. Upon receiving notice of the suspension or cancellation, the person concerned shall immediately extinguish any fire set pursuant to his or her Fire Permit. If Council suspends or cancels all Fire Permits, a Fire Guardian may not issue a Fire Permit until Council so authorizes. 29. Should any section or part of this Bylaw be found to have been improperly enacted, for any reason, then such section or part shall be regarded as severable from the rest of this Bylaw and this Bylaw remaining after such severance shall be effective and enforceable as if the section found to be improperly enacted had not been enacted as part of this Bylaw. This Bylaw shall come into force and effect on the final day of passing thereof and rescinds Bylaw 1839-15. September 19, 2019 MOVED BY COUNCILLOR L. JUSS that Bylaw 1958-19 receive first reading. MOTION CARRIED Bylaw No. 1958-19 Page 10 November 7, 2019 MOVED BY COUNCILOR T. FYFE that Bylaw 1958-19 receive second reading as amended. MOTION CARRIED November 7, 2019 MOVED BY COUNCILOR A.M. PHILIPSEN that Bylaw 1958-19 receive third and final reading. MOTION CARRIED Reeve �� Chie Admi istrative Officer Bylaw No. 1958-19 Page 11 Schedule "A" Bylaw No. 1958-19 Page 12 Bylaw No. 1958-19 Page 13 Bylaw No. 1958-19 Page 14 Schedule B Penalties Section Fine/ Fine/ Penalty Penalty when no during a Fire Fire Ban is Ban period. in lace. 16 Lighting an Incinerator Fire, Outdoor Fire $200.00 $400.00 1St or a Structure Fire without having first obtained a 1St. offence offence Fire Permit when one is required under this Bylaw or $400.00 $800.00 2"d the Forest and Prairie Protection Act, or both. 2"d. offence offence $600.00 $1,200.00 3rd. and 3�d. and subsequent subsequent offences. offences. 17 Direction or authorizing an Incinerator Fire, Not less Not less than Outdoor Fire or Structure Fire to be lit by another than $2,000.00 upon land that is under their control except when $1,000.00 and not more such fire is permitted pursuant to this Bylaw. and not than more than $4,000.00 $2,000.00 19 Lighting a fire, either directly, or indirectly, Not less Not less than personally, or through an agent, servant or employee than $2,000.00 that becomes a Running Fire that passes from their $1,000.00 and not more own property onto the property of and not than another. more than $4,000.00 $2,000.00 20 Lighting an Outdoor Fire, a Structure Fire Not less Not less than an Incinerator Fire or a Recreational Fire Pit Fire than $2,000.00 without first taking sufficient precautions to ensure $1,000.00 and not more that the fire can be kept under control at all times and/ and not than or ensuring the fire is supervised by a responsible more than $4,000.00 erson. $2,000.00 21 Engaging in activity that involves the use of fire, Not less Not less than open flame, explosives, flammable/combustible than $2,000.00 devices, fire-works, exploding targets, $1,000.00 and not more appliances, equipment or ignition sources that and not than might reasonably be expected to cause a more than $4,000.00 Running Fire, without having taken sufficient $2,000.00 precautions to prevent a Running Fire from occurrin . Bylaw No. 1958-19 Page 15 22.1 Providing false, incomplete or misleading information Not less Not less than on or with respect to a Fire Permit Application. than $2,000.00 $1,000.00 and not more and not than more than $4,000.00 $2,000.00 22.2 & Interfering with the efforts of, or Department Not less Not less than 22.3 Personnel, or equipment being operated by than $2,000.00 persons authorized in this Bylaw to extinguish $1,000.00 and not more fires or preserve life or property or other and not than person(s) assisting or acting under the direction more than $4,000.00 of a Member. $2,000.00 22.4 Deliberately damaging or destroying any Not less Not less than Department(s) property. than $2,000.00 $1,000.00 and not more and not than more than $4,000.00 $2,000.00 22.5 Falsely representing themselves as a member or Not less Not less than wearing or displaying any fire service badge, cap, than $2,000.00 button, insignia or other paraphernalia which may $1,000.00 and not more create the impression that the person is a Member of and not than a Fire Department. more than $4,000.00 $2,000.00 22.6 Obstructing or otherwise interFering with access Not less Not less than to any properties, roads, streets, highways or than $2,000.00 other approaches to any Incident, fire hydrant, $1,000.00 and not more fire protection system, cistern, body of water or and not than any water source designated or intended to be more than $4,000.00 used for fire rotection. $2,000.00 22.7 Depositing, discarding, or leaving any burning Not less Not less than material or substance where it might ignite other than $2,000.00 materials and cause a Running Fire, Structure Fire or $1,000.00 and not more Outdoor Fire. and not than more than $4,000.00 $2,000.00 22.8 Burning prohibited debris as defined by Alberta Not less Not less than Environment and Parks without first obtaining a than $2,000.00 permit from Alberta Environment and Parks; $1,000.00 and not more and not than more than $4,000.00 $2,000.00 22.9 Lighting a fire that requires a permit on lands Not less Not less than owned or controlled by the County without first than $2,000.00 obtaining the County's consent. $1,000.00 and not more and not than more than $4,000.00 $2,000.00 Bylaw No. 1958-19 Page 16 23 Failing to hold a valid Fire Permit for an active $200.00 1St. $400.00 1St. fire when a Fire Permit is required under this offence offence Bylaw. $400.00 2"d. $800.00 2nd offence offence $600.00 3�d. $1,200.00 and 3�d. and subsequent subsequent offences. offences. 25 Failing to comply with any provision contained Not less than Not less than in this Bylaw, except for the failure to hold a $1,000.00 $2,000.00 valid Fire Permit which is otherwise provided for and not more and not more under Section 23 of this Bylaw. than than $2,000.00 $4,000.00