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TOWN OF CALMAR
BYLAW #2023-10
BEING A BYLAW OF THE TOWN OF CALMAR, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE
OF PROVIDING FIRE PROTECTION AND PRESERVATION OF LIFE AND PROPERTY WITHIN THE
TOWN.
WHEREAS the Municipal Government Act provides that a council of a municipality may pass bylaws for
municipal purposes respecting the following matters;
a) the safety, health and welfare of people, and the protection of people and property;
b) services provided by or on behalf of the municipality; and
c) the enforcement of the bylaws;
WHEREAS the Municipal Government Act further provides that a municipality may pass bylaws to regulate,
prohibit and impose a system of licenses, permits or approvals and may collect, pursuant to a bylaw, costs
and expenses incurred by the municipality for extinguishing fires;
WHEREAS Council for the Town of Calmar wishes to provide for the prevention, regulation and control of
the lighting of fires within the Town;
WHEREAS the Town of Calmar has entered into a service agreement with Leduc County respecting the
provision of fire protection services within the boundaries of the Town of Calmar by Leduc County;
NOW THEREFORE the council of the Town of Calmar, in the Province of Alberta, duly assembled, enacts
as follows:
1
TITLE
This bylaw may be cited as the "Fire Services Bylaw"
2.
DEFINITIONS AND INTERPRETATION
In this bylaw:
"Agreement" means the Fire Service Agreement entered into between the Town of Calmar and
Leduc County respecting the provisions of Fire Protection within the boundaries of the Town by
Leduc County;
a)
"Apparatus" means any vehicle provided with machinery, or Equipment for firefighting operated
by or for Fire Services whether that vehicle operates on land, in the air, or on water;
b)
"Burnable Debris" means all combustible waste other than Prohibited Debris and is limited to,
pallets and wood crating material, cardboard, normal office waste paper, brush and fallen trees in
industrial burn barrels only;
c)
"Burning Hazard" means an actual or potential occurrence of fire or other combustion of organic
material that could endanger human life or damage property;
d)
Council" means the municipal council of the Town;
e)
"Dangerous Goods" means those products or substances which are regulated by the Dangerous
Goods Transportation and Handling Act, R.S.A. 2000, c. D-4, as amended;
f)
1
9,f,
"Equipment" means any tools, devices, materials or supplies used by or for Fire Services to
respond to an incident;
g)
"False Alarm" means any notification, by whatever means received, to Fire Services respecting the
existence of a condition, circumstance, fire or other event containing an imminent, serious danger to
Persons or property, wherein such condition, circumstance, fire or other event does not, in fact, exist;
h)
"Fire Advisory" means an indication that a fire restriction or ban may be implemented If weather
conditions don't improve. If a fire advisory is issued, certain restrictions may be placed on burning;
i)
"Fire Restriction" means Fire Permits will not be issued. As well, all Fire Permits previously Issued
are suspended, as per the Forest and Prairie Protection Act. All open fires burning at the time the
restriction comes into effect must be extinguished immediately. Use extreme caution when using
approved fire pits;
j)
"Fire Ban" means Fire Permits will not be Issued. As well, all Fire Permits previously Issued are
suspended, as per the Forest and Prairie Protection Act. All open fires burning at the time the
restriction comes into effect must be extinguished immediately. All solid fuel outdoor burning is
prohibited, the use of gas fueled barbecues, heaters and fire pits are allowed;
k)
"Fire Chief" means the employee of Leduc County who is appointed Fire Chief for the Town, in
accordance with the agreement, or their delegate;
I)
"Fire Hazard" means combustible material that, through its nature, location, condition or
arrangement, or any combination of those factors, may be ignited and, if ignited, could create a
Burning Hazard;
m)
"Fire Permit" means a permit Issued by the Fire Chief or their designate authorizing the setting of a
specific type of fire;
n)
"Fire Protection" means any and all of the Fire Services enumerated in section 3 of this bylaw and
includes any other service delivered by or for Fire Services that is authorized by Council;
0)
"Fire Protection Charges" means all costs incurred by or for Fire Services in providing Fire
Protection within the Town's boundaries, the rates of which are set out in Fees and Charges Bylaw;
P)
"Fire Services" means the fire department established and organized by Leduc County to provide
Fire Protection within the boundaries of the Town, in accordance with the agreement, and shall
Include all members and Fire Service property;
q)
"Fire Service Property" means all real and personal property owned, controlled or used by Fire
Services including but not limited to Apparatus, Equipment and fire stations;
r)
"Incident" means a fire or a situation where a fire or explosion is imminent or any other emergency
where there is a danger or possible danger to life or property;
s)
"Incident Command" means the Fire Chief, or in the absence of the Fire Chief, the highest ranking
Member who first arrives at the scene of an incident;
t)
leduc County" means the municipal corporation of Leduc County;
u)
"Member" means any individual who is duly appointed as a member of the Fire Services and
includes the Fire Chief;
V)
"Municipal Government Act" means the Municipal Government Act, R.S.A. 2000, c. M-26, as
amended;
w)
"Municipal Tag" means a notice Issued by the Town pursuant to the Municipal Government Act for
the purpose of providing a Person with the opportunity to acknowledge a contravention of this Bylaw
and to pay a penalty directly to the Town, In order to avoid prosecution for the contravention;
X)
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y) "National Fire Code-2019 Alberta Edition" means the National Fire Code-2019 Alberta Edition^
passed pursuant to Alberta Regulation 21/2019, as amended;
z) "Peace Officer" means a member of the Royal Canadian Mounted Police, a Community Peace
Officer employed by the Town, or a Bylaw Enforcement Officer appointed to enforce the Town's
Bylaws;
aa) "Person" includes any individual, firm, partnership or body corporate;
bb) "Prohibited Debris" means any combustible waste that, when burned, may result in the release to
the atmosphere of dense smoke, offensive odours or toxic substances;
cc) "Recreational Fire" means a fire confined within a non-combustible structure or container, which
is lit for the purpose of cooking, obtaining warmth or viewing for pleasure and is fueled solely by dry
wood, charcoal, natural gas or propane;
dd) "Smudge Fire" means a fire which is lit for the purpose of protecting livestock from insects or for
protecting garden plants from frost using hay, straw or coal;
ee) "Town" means the municipal corporation of the Town of Calmar, or the geographical area of the
Town, as applicable;
ff) "Town Manager" means the chief administrative officer of the Town, or their delegate; and
gg) "Violation Ticket" means a ticket issued pursuant to Part II of the Provincial Offences Procedures
Act, R.S.A. 2000, c. P-34, as amended.
3.
FIRE SERVICES
Council authorizes Leduc County to provide Fire Protection for and on behalf of the Town for the
purpose of:
a)
preventing and extinguishing fires;
b)
investigating the cause and origin of fires;
c)
preserving life and property and protecting Persons and property from injury or destruction by fire;
preventing, combating and controlling fires;
d)
e) carrying out preventable controls;
f)
fulfilling the requirements of any mutual aid agreements with other municipalities;
g)
maintaining and operating Apparatus and Equipment for extinguishing fires and preserving life and
property;
h)
providing rescue services for motor vehicle collisions, not including water or ice rescue;
conducting pre-fire planning and fire inspections;
i)
j)
providing public education and information regarding fire safety;
training or other Member development; and in accordance with the Agreement, this Bylaw, policies
and guidelines established by the Town from time to time and all applicable legislation.
k)
3
JU s.c
AUTHORITY AND RESPONSIBILITIES OF INCIDENT COIVIMAND
4,
a) Incident Command at an incident shall have control, direction and management of all Apparatus,
Equipment and manpower assigned to that Incident and shall continue to act as Incident Command
until relieved by another Member authorized to do so.
b) Incident Command shall take action as deemed necessary for the preserving life and property and
protecting Persons and property from injury or destruction by fire or other emergency and is
authorized to:
enter, pass through or over buildings, structures or property whether adjacent or in
proximity to an incident and to cause Members or Apparatus to enter or pass through or
over building, structure or property without permission;
I.
establish boundaries or limits to keep Persons from entering the area within the prescribed
boundaries or limits unless authorized to enter by the member in charge;
request Peace Officer to enforce restrictions on Persons entering within the boundaries or
limits outlined in subsection (b);
cause a building, structure or thing to be pulled down, demolished or otherwise removed;
IV.
request Town manpower and Equipment considered necessary to deal with an incident;
V.
and
require and adult person who is not a Member, to assist in:
VI.
extinguish a fire or preventing the spread thereof;
removing furniture, goods and merchandise from any building or structure on fire
or in danger thereof and in guarding and securing same; and
1.1.
1.1.1.
demolishing a building or structure at or near the fire or other incident.
5.
PERMITTED AND PROHIBITED FIRES
a) No Person shall light or cause to be lit any outdoor fire, or permit any outdoor fire upon land owned or
occupied by them or under their control, unless the Person holds a valid permit and subsisting fire
permit or the fire is exempt from the requirement for a Fire Permit under this Bylaw.
b) No Person shall burn or cause to be burned any Prohibited Debris.
c) A Fire Permit is not required under this Bylaw for Recreational Fire on a residential lot provided that:
a minimum of 3 metres clearance, measured from the nearest fire pit edge, is maintained
from buildings, property lines, or other combustible material;
I.
the fire pit shall be surrounded by non-combustible surface extending 1 metre in
circumference of the fire pit;
the fire pit height does not exceed 61cm when measured from the surrounding grade to
the top of the pit opening;
the fire pit opening does not exceed 1 metre in width or in diameter when measured
between the widest points or outside edge;
IV.
the fire pit installation has enclosed sides made from bricks, concrete blocks, heavy gauge
metal, or other non-combustible materials acceptable to the Fire Chief; and
V.
4
u.
a spark arrestor mesh screen with openings no larger than 1,25cm and constructed of
expanded metal is used to cover the fire pit opening in a manner sufficient to contain and
reduce the hazard of airborne sparks or embers.
VI.
d) This Bylaw does not apply to:
an outdoor fire lit by Fire Services for training or preventive control purposes;
I.
an outdoor fire that is a flare stack used in the petroleum industry; or
a fire confined to an incinerator regulated under the Environmental Protection and
Enhancement Act.
e) Smudge Fires are prohibited within the Town
f) A Fire Permit is required for any industrial burning barrel subject to:
an inspection from the Fire Chief or designate of burning barrel;
I.
burning barrels are for Burnable Debris only; and
II.
a permit may be issued on an ongoing basis, to a maximum of one year, at which point a
re-inspection and new permit is required.
6.
FIRE PERMITS
a) Upon receipt of an application for a Fire Permit the Fire Chief may, in his discretion, refuse a Fire
Permit or issue a Fire Permit with, or without, conditions.
b) A Fire Permit shall include:
the full name and contact information of the permit holder;
I.
the dates for which the permit is valid; and
the location where the fire may be lit;all of which constitute terms and conditions of the Fire
Permit,
III.
c) A Fire Permit may include any further terms and conditions that the Fire Chief deems advisable for
the safe conduct of the fire.
d) A Fire Permit is not transferable from one Person to another or from one location to another.
7.
PERMIT HOLDER RESPONSIBILITIES
a) Every Person who sets a fire under authority of a Fire Permit shall:
keep the permit at the site of the fire;
I.
produce the permit to a Member or a Peace Officer upon demand;
II.
have a responsible adult person in attendance at the fire at all times;
keep the fire under control;
IV.
extinguish the fire before expiration of the permit or upon cancellation of the permit; and
V.
be responsible for any costs incurred by Fire Services when called upon to extinguish such
fire if, in the opinion of the Fire Chief, the fire is a hazard to Persons or property.
VI.
5
REVOCABILITY OF PERMIT
8.
a) A Person to whom a Fire Permit has been issued and any Person carrying out an
activity otherwise regulated, restricted or prohibited by this bylaw pursuant to such Fire Permit, shall
comply with any terms or conditions forming part of the Fire Permit.
b)
A Person shall not make any false or misleading statements or provide any false or misleading
information to obtain a Fire Permit pursuant to this Bylaw.
c)
If any terms or condition of a Fire Permit issued pursuant to this Bylaw is contravened or if a false or
misleading statement or false or misleading information was provided to obtain the permit, the Fire
Chief may immediately cancel the permit.
9.
PROOF OF PERMIT
The onus of providing a Fire Permit has been issued in relation to any activity otherwise regulated,
restricted or prohibited by this Bylaw is on the Person alleging the existence of such a Fire Permit on
a balance of probabilities.
FIRE CONDITIONS
10.
a) The Fire Chief in consultation with the Town Manager, from time to time, set conditions to advise,
restrict or ban all fires in the Town, whether requiring a Fire Permit or not, when in the opinion of the
Fire Chief, the prevailing environmental conditions give rise to an increased risk of a fire running out
of control.
b) The condition imposed pursuant to subsection (1) above, shall remain in force until either the date
provided in the notice of the condition or until such time as the Fire Chief provides notice to the public
the condition is no longer in effect.
c)
Notice of the condition shall be provided to the public. Notice may be in the form of signs posted
throughout the Town, in locations to be determined by the Fire Chief, through a public service
message on the local radio stations, or by any other means which the Fire Chief determines is
appropriate for the purpose of informing the public.
11.
FIRE PROTECTION CHARGES
Upon Fire Services providing Fire Protection on a parcel of land within the Town's boundaries, the
Town may, in its sole and absolute discretion, charge any or all of the following Persons, namely:
a)
the Person or Persons causing or contributing to the fire;
the occupant of the parcel of land;
II.
the owner of the parcel of land;
Fire Protection charges, and all Persons charged are jointly and severally liable for payment of the
Fire Protection Charges to the Town. Charges are indicated within the Fees and Charge Bylaw.
b) Fire Protection Charges shall be paid within (30) days of receipt of an invoice.
c) Collection of unpaid Fire Protection Charges may be undertaken by civil action in a court of
competent jurisdiction, and any civil action does not invalidate any lien which the Town is entitled to
on the parcel of land in respect of which the indebtedness in incurred.
6
The owner of the parcel of land within the Town to which Fire Protection is provided is liable for Fire
Protection Charges incurred and the Town may add to the tax roll of the parcel of land all unpaid Fire
Protection Charges, which forms a special lien against the parcel of land in favour of the Town from
the date the amount was added to the tax roll, in accordance with section 553 of the Municipal
Government Act.
d)
12.
REPORTING REQUIREMENTS
The owner or their authorized agent of any property damage by fire shall immediately report to Fire
Services the particulars of the fire to the satisfaction of the Fire Chief.
a)
The owner or their authorized agent of any property containing a Dangerous Good(s) product which
sustains an accident or unplanned release of the Dangerous Good(s) product shall immediately
report to the Fire Chief particulars of the release to the satisfaction of the Fire Chief.
b)
FIRE HYDRANTS
13.
No Person, other than a Member, authorized employee or agent of the Town shall, without prior
approval from the Town, affix any tool, hose or other device to any hydrant or fire hydrant valve.
a)
b) No person, other than a Member, authorized employee or agent of the Town shall, without prior
approval from the Town, paint, deface or tamper with any fire hydrant or any portion thereof.
14.
EFFECTIVE DATE
This Bylaw comes into force on the day it is given final reading and further that Bylaw 2022-12 is
rescinded.
READ FIRST TIME THIS 06 DAY OF FEBRUARY 2023.
READ A SECOND TIME THIS 06 DAY OF FEBRUARY 2023.
READ A THIRD TIME, BY UNANIMOUS CONSENT, THIS 06 DAY OF FEBRUARY 2023
Mayor Carnahan
CAO hosier
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