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1839-15 FireCOUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 1839-15 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, device, equipment or material 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 Chief' shall mean the individual appointed as Chief Officer of the Fire Department 2.7 "Fire Guardian" shall mean a person named or appointed as Fire Guardian Bylaw No. 1839-15 Page 2 pursuant to the Forest and Prairie Protection Act. Fire Chiefs shall be appointed as Fire Guardians for the purpose of this bylaw; 2.8 "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; 2.9 "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; 2.10 "Incident" shall mean a fire or situation where an explosion is imminent or any other situation where there is a danger or a possible danger to life or property, or both, and to which the Department has responded; 2.11 "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; 2.12 "Manager of Fire & Emergency Services" shall mean the person employed and appointed by the County of Newell to fulfill that position; 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 or Structure Fire or Recreational Fire Pit, and shall include fires involving humus, soil, farm produce, bush, grass, feed, straw, coal or any fire that has escaped or spread from a building, structure, machine, vehicle 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 "Running Fire" shall mean a fire burning without being under the proper control of any person; 2.18 "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; 2.19 "Violation Ticket" shall mean a ticket issued for an offense committed against any of the provisions of this Bylaw and shall be in the form prescribed by the Bylaw No. 1839-15 Page 3 Provincial Offences Procedure Act, R.S.A. 2000 c. P-34. 3. The Departments and Manager of Fire & Emergency Services 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 extinguishing fires; 3.2 preserving life and 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 Manager of Fire and Emergency Services may after assessing the situation, take command of the incident. Upon doing so, the Manager of Fire and Emergency Services 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; 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, if he or she deems it necessary, to prevent the spread of fire to other buildings, structures or things; 5.4 A 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 may without a warrant, enter a private dwelling house which is on fire and proceed to fight the fire. 6. Each year before the 1st 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 No. 1839-15 Page 4 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 unconditionally or impose conditions 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 and the Fire Guardian shall receive and consider the application and after having done so he or she may, in his or her absolute discretion, issue to the applicant a Fire Permit. 9. When issuing a Fire Permit, a Fire Guardian may issue the Fire Permit unconditionally or he may impose conditions considered appropriate. Fire Permits issued pursuant to this Bylaw are valid for such period of time as shall be determined and set by the Fire Guardian issuing the permit and the Fire Permit shall have endorsed thereon the period of time for which the said permit is valid. A Fire Permit issued for an Incinerator Fire or a small confined fire for the burning of household waste shall be valid in perpetuity. 10. Each application for a Fire Permit shall contain the following information: 10.1 the applicants name, mailing address, municipal address of the applicants place of residence and other contact information for the applicant such as e-mail and mobile phone number; 10.2 the legal description 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; Bylaw No. 1839-15 Page 5 10.6 the 24 hour contact phone number of the person supervising the burn; 10.7 the local Fire Department phone number and Fire Permit Line phone number; 10.8 additional conditions added to the Fire Permit if any; 10.9 the signature of the Fire Guardian. 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 the following: 12.1 an Outdoor Fire that is set for the purposes of cooking or obtaining warmth; 12.2 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 or responding to a fire call or incident in the County or for the purpose of preserving life or property from injury or destruction by fire or other incident on land within the County, including actions taken by the Department on a false alarm, the County may, in respect of costs incurred by the Department in taking such action, charge costs so 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 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 of notice of the action taken by the County to appeal to Council the action taken by the County, and 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 Bylaw No. 1839-15 Page 6 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 a Structure Fire unless he/she is the holder of a subsisting Fire Permit if required under this Bylaw or the Forest and Prairie Protection Act, or both. 17. No person shall permit 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 lit under the terms of this Bylaw and/or Fire Permit becomes or has the potential to become a Running Fire, the owner or occupier of the land or the person having control of the land upon which such fire is lit shall: 18.1 extinguish the fire immediately, or 18.2 where he or she is unable to extinguish the fire immediately, report the fire to the Department. 19. No person shall, either directly, or indirectly, personally or through an agent, servant or employee kindle a fire and let it become a Running Fire on any land 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, a Structure Fire an Incinerator Fire or a Recreational Fire Pit Fire without first taking sufficient precaution 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. 21. No person shall conduct any activity that involves the use of fire, open flame, explosives, flammable/combustible devices, appliances, equipment or ignition sources that might reasonably be expected to cause a Running Fire, unless he exercises reasonable care 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 Bylaw No. 1839-15 Page 7 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 or 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 roads, streets, highways or other approaches to any Incident, fire hydrant, fire protection system, cistern or body of water 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 without first obtaining a permit from Alberta Environment; 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 subsisting Fire Permit, when one is required under this Bylaw, is guilty of an offense and is liable to a fine of $200.00 on summary conviction for the first offense in any calendar year; to a fine of $400.00 on summary conviction for the second offense in any calendar year; and a fine of $600.00 on summary conviction for the third and each subsequent offense in any calendar year. 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. 24. A person who fails to comply with any provision contained in this Bylaw, except for the failure to hold a subsisting Fire Permit which is otherwise provided for under Section 23 of this Bylaw, is guilty of an offense and is liable on conviction to a fine of not less than $1,000.00 and not more than $2,500.00. 25. 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. Bylaw No. 1839-15 Page 8 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. 25.1 Service of such Violation Ticket shall be sufficient if: 25.1.1 personally served, or 25.1.2 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. 25.1.3 or, mailed to. 26. Notwithstanding any provision in this or any other bylaw, the Manager of Fire & Emergency Services 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 Manager of Fire & Emergency Services, 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. 26.1 Three categories of Fire Bans 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 — No fires except for approved gas or propane cooking appliances or portable propane fire pits or campfires in designated fire sites within approved campgrounds, (c) A Fire Ban - No fires, except for approved gas or propane cooking appliances. 26.2 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) future 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, (f) the amount of or increase in recent outside fires and Bylaw No. 1839-15 Page 9 (g) recommendations of local Fire Chiefs. 26.3 The County of Newell authorizes the Manager of Fire & Emergency Services, or the Reeve (in the absence of the Manager of Fire and Emergency Services) the authority to remove any Fire Ban when conditions warrant. 26.4 When a ban is in effect, any person who contravenes the ban may be subject to the fines of doubled the amount established within this bylaw. 27. 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. 28. 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 1700-10. June 25, 2015 Moved by Councilor T. Fyfe that Bylaw 1839-15 receive first reading. MOTION CARRIED June 25, 2015 Moved by Councilor L. Juss that Bylaw 1839-15 receive second reading. MOTION CARRIED June 25, 2015 Moved by Councilor E. Unruh that consent be given for Bylaw No. 1839-15 to receive third reading this 25th day of June, 2015. MOTION CARRIED UNANIMOUSLY June 25, 2015 Moved by Councilor A.M. Philipsen that Bylaw 1839-15 receive third and final reading. MOTION CARRIED Reeve Chief Adn(iinAtrative Officer Bylaw No. 1839-15 Page 11 Schedule “A” Bylaw No. 1839-15 Page 11 Burning Device Construction Guidelines Side View Overhead View