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VILLAGE OF CLIVE
BYLAW #548-21
FIRE PROTECTION BYLAW
A Bylaw of the Village of Clive, in the Province of Alberta, to provide for the
establishment and operation of a volunteer fire department and to provide for the
protection and preservation of life and property within the municipality.
WHEREAS, Section 7(a) of the Municipal Government Act, being Chapter
M-26.1 of the Revised Statutes of Alberta, 1994, and amendments thereto, provides
that Council of a Municipality may pass Bylaws for the safety, health and welfare
of people and property.
NOW THEREFORE the Council of the Village of Clive in the Province of
Alberta duly enacts as follows:
This Bylaw may be cited as "THE VILLAGE OF CLIVE FIRE PROTECTION
BYLAW".
Section 1.
DEFINITIONS:
Wherever in this Bylaw the following terms are used, they will have the meanings
respectively ascribed to them in this section.
a) Advisory Committee means the Lacombe County Fire Service Advisory
Committee, a regional committee comprised of a Councillor, or designate from
each of the partnering municipalities of the Lacombe County Fire Services
b) Apparatus means any vehicle provided with machinery, devices, equipment or
materials for fire fighting as well as vehicles used to transport fire fighters or
supplies.
c) Chief Administrative Officer or CAO means the person appointed as the
Chief Administrative Officer of the Village of Clive pursuant to the Municipal
Government Act, or and any person who holds the position of CAO in an acting
capacity.
d) Council means the Municipal Council of the Village of Clive.
e) County Fire Chief means the member appointed and employed by Lacombe
County to administer the County Fire Service in accordance with policies and
bylaw of Lacombe County and to oversee the provision of regional fire support
services.
f) Dangerous Goods means a substance (gas, liquid or solid) in transit capable of
creating harm to people, property, and the environment as defined by the
United Nations Hazard Class Number System.
g) Department means the Clive Volunteer Fire Department established under this
Bylaw.
h) Director of Emergency Management means that person appointed by the
Village of Clive to act as the Director Emergency Management, or his
designate.
i) Disaster means an event that results in serious harm to the safety, health or
welfare of people or in widespread damage to property.
j) District Chief means the person appointed by Council under the provisions of
this Bylaw, or designated delegate.
Village of Clive- Fire Protection Bylaw #548-21 page 2 of 14
k) Emergency means a present or imminent event that requires prompt
coordination of action or special regulation of persons or property to protect the
health safety or welfare of people or to limit damage to property.
l) Equipment means any tools, contrivances, devices or materials used by the
Fire Department to combat an incident or other emergency.
m) False Alarm means any fire alarm that is set needlessly, through wilful or
accidental, human, or mechanical error, and to which the Fire Department
responds.
n) Fire Ban means the prohibition on the lighting of fires in the Village of Clive.
o) First Responder means those persons who in the course of their normal duties
may be the first on scene of a Dangerous Goods or Hazardous Materials
incident and are trained to recognize that a hazard exists, call for trained
personnel and secure the area.
p) Fire Permit An application for a fire permit shall be made in writing to the
District Chief or his designate.
q) Fire Protection means all aspects of fire safety including, but not limited to,
fire prevention, fire fighting or suppression, pre-fire planning, fire investigation,
public education and information, training or other staff development and
advising.
r) Hazardous Material means a substance (gas, liquid or solid) not in transit
capable of creating harm to people, property, and the environment as defined by
the United Nations Hazard Class Number System.
s) Illegal Fire means any fire that is set in contravention of the Bylaw.
t) Incident means a fire, a situation where a fire of explosion is imminent or any
other situation presenting a danger or possible danger to life or property and to
which the Department has responded.
u) Inspection Officer means the County Fire Chief, District Chief, Enforcement
Office or any member directed to undertake inspections.
v) Lacombe County Fire Services means the regional fire protection support
services provided by Lacombe County to each partnering municipality for
administration, volunteer recruitment, occupational health and safety, training,
fire protection, fire investigation and public safety/fire prevention education.
w) Member means any person appointed as a Member of the Department under
this Bylaw and shall include the District Chief.
x) Member in Charge shall mean the County Fire Chief or in the absence of the
County Fire Chief, the District Chief or in the absence of the District Chief, the
highest ranking member who first arrives at the site of an incident.
y) Municipal Government Act means the Municipal Government Act, RSA 2000,
M-26. and any amendments thereto.
z) Municipal Ticket means a form prescribed by the CAO or his designate,
allowing payment to the Village of the penalty specified by this bylaw for an
offence, which shall be accepted by the Village in lieu of prosecution of the
offence.
aa) Mutual Aid Agreement means an agreement between the Village and other
municipalities or persons for the joint use, control and management of fire
extinguishing apparatus and equipment in the mitigation of an Incident or
Emergency.
Village of Clive- Fire Protection Bylaw #548-21 page 3 of 14
bb) Officer means a member appointed by the District Chief or their designate to a
supervisory position within the Fire Department.
cc) Peace Officer means a Police Officer, a person appointed as a Peace Officer
pursuant to the Peace Officer Act, SA 2006, P-3.5 or a person appointed as a
Bylaw Enforcement Officer pursuant to the Municipal Government Act, RSA
2000, M-26 and amendments thereto.
dd) Qualified Personnel means a person in possession of a Fireworks Supervisor
Card issued pursuant to the Explosives Act (Canada) and the National Fire
Code - Alberta Edition (NFC-AE) and their regulations.
ee) Recreation Fire means a fire contained within a non-combustible container
which is set for the purpose of cooking, obtaining warmth, or viewing pleasure
and may only be fueled with wood, charcoal, coal, natural gas or propane.
ff) Safety Codes Officer means an individual designated as a Safety Codes
Officer in accordance with the Safety Codes Act S.A. 2000, S-1 and
amendments thereto.
gg) Specified Penalty shall mean a penalty which may be paid in response to an
alleged contravention of any provision of this Bylaw as established in Schedule
"B" of this Bylaw.
hh) Village means the Village of Clive, a Municipal Corporation of the Province of
Alberta.
ff) Violation Ticket means a ticket issued for an alleged contravention of any
provision of this Bylaw and shall be a Part 2 Violation Ticket as prescribed in
the Provincial Offences Procedure Act.
Section 2.
ESTABLISHMENT OF DEPARTMENT:
2.1
There is hereby established the Clive Volunteer Fire Department to provide Fire
Protection in the Village.
2.2
The Department shall respond within the scope that the department's manpower,
equipment and training permits, for the purpose of:
a). preventing and extinguishing fires in structures and wild land areas;
b). preserving life, property and protecting persons and property from injury or
destruction by fire or an emergency;
c). acting as First Responders preserving life, property and protecting
persons from injury or destruction by Dangerous Goods, or Hazardous
Materials or Industrial incidents;
d). acting as first responders and providing rescue extrication services from ice and
water;
e). investigating the cause of fire in accordance with the Fire Quality Management
Plan approved by the Safety Codes Council;
f). assisting in emergency management and disaster planning;
g). enforcing the provisions of the Safety Codes Act and its regulations.
2.2
Council shall establish by policy such organizational structure for the Department
as may be appropriate and may establish officer positions, prescribe the duties,
expectations and qualifications of such officers and establish the method of their
selection and appointment.
2.3
Members shall carry out duties and responsibilities assigned to them under the
Village of Clive- Fire Protection Bylaw #548-21 page 4 of 14
Bylaw or Policies adopted by the Council or by the County Fire Chief or
District Chief.
Section 3
JURISDICTION:
3.1
The limits of the jurisdiction of the Department, the District Chief and Members
shall extend to the area and boundaries of the Village and no apparatus shall be
used beyond the limits of the Village without the express authorization of a Mutual
Aid Agreement.
3.2
Notwithstanding Section 3.1, Council may by resolution enter into agreements with
other municipalities for the joint use, control and management of fire
extinguishing, apparatus and equipment.
Section 4
DISTRICT CHIEF:
4.1
There shall be established the position of District Chief which shall, subject to the
direction of the County Fire Chief, be responsible for the operation and
administration of the Department in accordance with the provisions of this Bylaw
and the policies established by the Council.
4.2
The District Chief shall be appointed by Council subject to the ratification of
such appointment by the County Fire Chief.
4.3
The District Chief shall prepare and recommend for consideration or adoption of
the Advisory Committee, the County Fire Chief, or Council as the case may be
such rules, regulations, policies, standard operating procedures and protocols as
may be required for the proper operation and administration of the Department,
including but not limited to administrative and technical work in planning,
organizing and directing the fire fighting and fire prevention activities, pre-fire
planning, preventive patrols and disaster planning assistance.
4.5
The District Chief shall make such reports to the Council, the Advisory Committee
and the County Fire Chief as may be required by each respectively.
4.6
The District Chief shall:
a). be responsible for the appointment of members to the Department as required;
b). have the authority to dismiss any member for cause which might include but
not limited to neglect of duties or insubordination.
4.7
The District Chief shall be responsible for the use, care and protection of
Department property.
4.8
The District Chief shall manage and administer the affairs of the Fire Department
pursuant to this Bylaw and other applicable policies of the Village.
4.10
The District Chief shall keep records of all fires attended, actions taken in
extinguishing fires, inspections carried out and actions taken on account of
inspections according to the Quality Management Plan; and any other records
incidental to the operation of the Department.
4.11
The District Chief may obtain assistance from other officials of the municipality
as the District Chief may deem necessary in order to discharge the District Chief's
duties and responsibilities under this Bylaw.
Section 6
EMERGENCY MANAGEMENT:
6.1
In the event an Emergency or Disaster is declared, the County Fire Chief, District
Chief, or in their absence the highest ranking member present shall be responsible
to the Director of Emergency Management for the conduct of emergency
operations.
Village of Clive- Fire Protection Bylaw #548-21 page 5 of 14
Section 7
POWERS OF MEMBER IN CHARGE AT
INCIDENTS:
7.1
The Member in Charge shall have control, direction and management of any
Department apparatus or members responding to an incident and where a senior
member is in charge, shall continue to act until relieved by an officer authorized to
do so.
7.2
The Member in Charge shall be responsible to direct and manage the operations
necessary as reasonably can be expected for a volunteer fire department for
extinguishing a fire or controlling of an emergency incident, or the operations to
preserve life and property.
7.3
The Member in Charge is empowered to cause a building, structure or thing to be
pulled down, demolished or otherwise removed if he deems it necessary to prevent
the spread of fire to other buildings, structures, or things.
7.4
The Member in Charge is empowered to enter premises or property without a
permit or written permission where an incident is occurring and to cause any
member or apparatus to enter without a permit or written permission, as the
Member in Charge deems necessary.
7.5
The Member in Charge is empowered to enter, pass through or over buildings or
property adjacent to the incident and to cause members and apparatus to enter or
pass through or over the building or property without a permit or written
permission, where the Member in Charge deems it necessary to gain access to the
incident or to protect any persons or property.
7.6
The Member in Charge may establish boundaries or limits and keep persons from
entering the area within the prescribed boundaries or limits unless authorized to
enter by the Member in Charge. No person shall enter the boundaries or limits of
an area unless he has been authorized to enter by the Member in Charge.
7.7
The Member in Charge may request Peace Officers to enforce restrictions on
persons entering within the boundaries or limits outlined in Clause 7.6.
7.8
The Member in Charge may require any able-bodied adult person who is not a
member, to assist in:
a) extinguishing a fire or preventing the spread thereof;
b) removing furniture, goods and merchandise from any building or structure on
fire or in danger thereof and in guarding and securing same; and
c) in demolishing a building or structure at or near the fire or other incident.
7.9
The Member in Charge is authorized to secure and to commandeer privately owned
equipment which he considers necessary to deal with an incident and authorize
payment for the use of said equipment.
Section 8
FIRE HYDRANTS:
8.1
No person other than members or employees of the Village, shall without prior
approval from the County Fire Chief or District Chief, affix any tool, hose or other
device to any fire hydrant or fire hydrant valve.
8.2
No person shall, without prior approval from Council for the Village of Clive or
the CAO paint any fire hydrant, or any portion thereof.
Section 9
CONTROL OF FIRE HAZARDS:
9.1
Inspection Officers shall be given access at reasonable hours to both public and
private property for the purpose of inspecting the premises to ascertain whether
there constitutes or is likely to constitute a fire hazard.
Village of Clive- Fire Protection Bylaw #548-21 page 6 of 14
9.2
If in the opinion of the Inspection Officer, a structure, excavation or hole is
dangerous to public safety, the Inspection Officer shall advise the CAO who may
act pursuant to the Municipal Government Act.
Section 10
REQUIREMENT TO REPORT:
10.1
The owner or authorized agent of any property damaged by fire, shall immediately
report to the Department particulars about the fire which are satisfactory to the
District Chief.
10.2
The owner or authorized agent of any property containing dangerous goods shall
immediately report to the Department the particulars regarding any accidental or
unauthorized release of such dangerous goods.
Section 11
OPEN FIRES:
11.1
Except where provided following, no person shall cause an open fire to be ignited
or allow an open fire to continue burning.
11.2
An open fire may be permitted, upon receipt of a permit in a form similar to
Schedule "A" under this Bylaw approved under Section 12 for:
a) the burning, under the supervision of the Department, of a structure or grass
area on non-agricultural land; or
b) the burning of grass and stubble on agricultural land, under the adequate and
proper supervision of those farming the land; or
c) the burning of one or a combination of wood, coal and straw to thaw frozen
ground for excavation related to construction including digging of utility and
service trenches.
11.3
An open fire required by the Village's employees in performance of their
assigned duties will not require a permit under Section 12.
11.4
Nothing in this Bylaw shall be deemed to authorize any fire, burning or other
Act which is in contravention of the Environmental Protection and Enhancement
Act, 2000, c E-12 and amendments thereto, or any regulation made there under, and
in the event of any conflict between the provisions of this Bylaw and the said Act
or Regulations, the provisions of the said Act or Regulations shall
govern.
Section 12
FIRE PERMITS
12.1
An application for a fire permit shall be made in writing to the District Chief or
his designate.
12.2
Upon receipt of an application for a permit, the District Chief shall consider the
permit application, and may, pursuant to the provisions of this Bylaw and the
Safety Codes Act and its Regulations:
a) refuse to grant a permit,
b) issue the permit unconditionally,
c) issue the permit with conditions considered appropriate.
12.3
Fire permits issued pursuant to this Bylaw, are valid for such period of time as
shall be determined by the District Chief, and the fire permit shall have endorsed
the period of time for which the permit is valid.
12.4
A fire permit issued under this Bylaw, may be repealed at any time by the District
Chief.
Village of Clive- Fire Protection Bylaw #548-21 page 7 of 14
12.5
A fire permit is free and shall not be transferable.
12.6
A person to whom a fire permit has been issued under Clause 12.1 shall at all times
keep a competent person in charge of the fire and shall barricade or otherwise
secure the area, to limit the entry of any unauthorized person.
Section 13
FIRE PERMIT APPLICATIONS:
13.1
Each application for a fire permit must contain the following information;
a). the name and address of the applicant and the name and address of the owner of
the land on which the applicant proposes to set a fire;
b). the legal and municipal description of the land on which the applicant proposes
to set a fire;
c). the period of time for which the permit is required;
d). the precautions that will be taken by the applicant to ensure that the proposed
fire remains under his or her control;
e). the signature of the applicant;
f). the written consent to the proposed fire by the owner of the land (if different
than the applicant).
Section 14
FIRE BANS
14.1
The District Chief is hereby granted the authority to impose Fire Bans from time
to time depending on the weather conditions and any other conditions as he deems
appropriate.
14.2
A Fire Ban may be imposed with or without conditions.
14.3
A Fire Ban when imposed by the District Chief applies to all property within the
corporate limits of the Village.
14.3
Notice of a Fire Ban shall be provided to the public. Notice may be in the form of
signs posted throughout the Village of Clive, in locations to be determined by the
CAO, through social media or by any other means which the District Chief
determines is appropriate for the purpose of informing the public of the Fire Ban.
14.4
When a Fire Ban has been imposed, Fire Permits issued in accordance with this
Bylaw are deemed to be cancelled and all existing fires that the Fire Ban applies to
are to be extinguished.
14.5
For the duration of a Fire Ban, the Department is authorized to extinguish any fire
that the Fire Ban applies to, whether controlled or not, within the area subject to the
Fire Ban.
Section 15
FIRE PITS, OUTDOOR FIREPLACES, STATIONARY
& PORTABLE BARBECUES
15.1
For the enjoyment of dwelling residents use of fire pits, outdoor fireplaces and
stationary barbecues may be permitted.
15.2
Fire pits, outdoor fireplaces and stationary barbecues that burn combustible
material shall:
a) be located in a rear yard with a minimum of 3.4 meters (10 feet) clearance from
buildings, property lines and combustible materials, or as approved by the
District Chief;
Village of Clive- Fire Protection Bylaw #548-21 page 8 of 14
b) be constructed of bricks or concrete blocks, or heavy gauge metal, or other
suitable non-combustible components;
c) be the sole responsibility of the owner or tenant of the property;
d) be supervised at all times by a responsible adult person over the age of eighteen
(18) until such time as the fire has been completely extinguished. For the
purpose of this clause, a fire shall be deemed to include any hot ashes and
smoldering embers resulting from the fire;
e) only burn untreated wood, charcoal briquettes, propane or natural gas;
f) have flames no higher than ninety (90 cm) (3.28 feet) above the fire pit or the
barbecue fire box.
Garbage or refuse, leaves, construction or commercial waste shall not be burned in
firepits or outdoor fire places.
A spark arrestor mesh screen of 1.30 centimeters (.50 inches) expanded metal (or
equivalent) to contain sparks over the fire is recommended for firepits and outdoor
fireplaces.
Section 16
FIREWORKS:
16.1 Subject to the exceptions set out following, no person shall possess, handle,
discharge, fire or set off Consumer Fireworks or Display Fireworks within the
corporate limits of the Village.
16.2 The District Chief may, upon written application, permit a display supervisor or
pyrotechnician to ignite fireworks and conduct firework displays. The District
Chief may impose such conditions and restrictions on their use and display as may
be appropriate. Such conditions and restrictions might address:
a) hours of day or days of the week
b) length of display
c) height of display and type of fireworks used
d) geographic location
e) requirements for notification of affected residents
f) on-site fire suppression material and resources; and
g) safety precautions to mitigate danger or nuisance to any person or property.
16.3 All fireworks shall be stored, used and ignited in accordance with provisions of the
Explosives Act (Canada) and National Fire Code - Alberta Edition (NFC-AE)
and their regulations and in accordance with those conditions determined solely by
the Village.
16.4 No person shall be permitted to sell, offer for sale or store for the purpose of sale,
Consumer Fireworks or Display fireworks within the Village.
Section 17
ILLEGAL FIRE:
17.1 Any Member, Peace Officer or employee of the Village may extinguish an illegal
fire using whatever apparatus or procedure that he/she may deem appropriate
or necessary to extinguish an illegal fire.
17.2 The costs of controlling or extinguishing any illegal fire shall be recovered from the
Village of Clive- Fire Protection Bylaw #548-21 page 9 of 14
person causing the illegal fire under the provisions of the Municipal Government
Act.
Section 18
RECOVERY OF COSTS:
18.1 Where the Department has taken any action whatsoever for the purpose of
extinguishing a fire or responding to a fire call, false alarm or incident for the
purpose of preserving life or property from injury or destruction by fire or other
incident on land, the Village shall, in respect of any costs incurred in taking such
action, charge any costs so incurred to the person who caused the fire, or to the
owner or occupant of the land in respect of which the action was taken.
18.2 The costs and fees to be charged by the Village for Fire Protection and Emergency
Response Services rendered pursuant to this Bylaw shall be established by
resolution of Council from time to time.
18.3 In respect of any costs or fees levied or charged under this Bylaw:
a). the Village may recover such costs or fees as a debt due and owing to the
Village; and
b). in default of payment, where permitted by the Municipal Government Act, add
the amounts to the tax roll of a parcel of land.
18.4
Fees or costs levied or changed under this Bylaw may be recovered by the Village
as an amount due and owing to the Village of Clive, and in the event that the
amount due and owing is not paid within sixty (60) days of mailing of the invoice,
collection of unpaid amounts may be undertaken by civil action in a court of
competent jurisdiction, and any civil action does not invalidate any lien which the
Village is entitled to on the parcel of land or property in respect of which the
indebtedness has occurred.
18.5
The owner of a parcel of land or property within the Village to which Fire
Protection and Emergency Response Services are provided is liable for fees and
costs so incurred and the Village of Clive may add to the tax roll of a parcel of land
or property all unpaid amounts, which forms a special lien against the parcel of
land or property in the favour of the Village from the date the amount was added to
the tax roll.
Section 19
OFFENCES:
19.1 No person shall damage or destroy Department apparatus or supplies.
19.2 No person shall falsely represent themselves as a member or wear or display any
Department badge, cap, button, insignia or other paraphernalia for the purpose of
such representation.
19.3
No person shall:
a. cause any fire in the Village of Clive contrary to any provisions of this Bylaw;
or
b. provide false, incomplete, or misleading information to the Department on or
with respect to an incident, fire or fire related information; or
c. interfere with the efforts of any persons authorized to extinguish fires or
preserve life or property or in the carrying out of all duties imposed by this
Bylaw; or
d. at an incident, impede, obstruct, or hinder a member or other person assisting or
acting under the direction of the Member in Charge; or
Village of Clive- Fire Protection Bylaw #548-21 page 10 of 14
e. at an incident, drive a vehicle over any apparatus without the permission of the
Member in Charge; or
f. impede, obstruct, or hinder a member from carrying out duties imposed by this
Bylaw; or
g. burn or be responsible for the burning of any garbage or refuse except as
provided in this Bylaw or any other Bylaw of the Village; or
h. allow any fire to give off dense smoke or any offensive odor in a manner which
creates nuisances
i. allow any fire to burn out of control so as to threaten or cause damage to
adjacent property; or
j. light an open fire or a structure fire unless he has been issued a fire permit; or
k. light an open fire without first taking sufficient precautions to ensure that the
fire can be kept under control at all times; or
l. light an open fire when weather conditions are conducive to a fire readily
becoming out of control; or
m. fail to take reasonable steps to control a fire for the purpose of preventing it
from spreading onto land other than their own; or
n. deposit, discard or leave any burning matter or substance in a place where it
might ignite other matter and result in a fire.
o. fail to extinguish a fire once a Fire Ban has been imposed.
p. affix any tool or device to a fire hydrant or paint, otherwise tamper without
approval from the Village Office.
Section 20
PENALTIES:
20.1
A person who contravenes or fails to comply with any conditions in a Permit or
with any order or request directed to him pursuant to this Bylaw, is guilty of an
offence and liable:
a). if the offence is in contravention of subsection 19.3 of this Bylaw, to a
fine of not less than $250.00 and not more than $5000.00;
21.1 A Peace Officer is hereby authorized and empowered to issue a Municipal Ticket,
to any person who the Peace Officer has reasonable and probable grounds to
believe has contravened any provision of this Bylaw.
21.2
A Municipal Ticket may be issued to such person:
a). either personally; or
b). by mailing a copy to such person at their last known post office address.
21.3
The Municipal Ticket shall be in a form approved by the Village and shall state:
a). the name of the person;
b). the offence;
c). the Specified Penalty for the offence as specified in the Bylaw;
d). that the penalty shall be paid within thirty (30) days of the issuance of the
Municipal Ticket;
Village of Clive- Fire Protection Bylaw #548-21 page 11 of 14
e). any other information as may be required by the Village.
21.4
Where a contravention of the Bylaw is of a continuing nature, further Municipal
Tickets may be issued by the Peace Officer, provided that no more than one
Municipal Ticket shall be issued for each day that the contravention continues.
21.5
Where a Municipal Ticket has been issued pursuant to this Bylaw the person to
whom it has been issued to may, in lieu of being prosecuted for the offence, pay to
the Village the penalty specified within the time period indicated on the Ticket.
21.5 If the penalty specified on a Municipal Ticket is not paid within the prescribed
time period, then a Peace Officer is hereby authorized and empowered to issue a
Violation Ticket pursuant to Part 2 of the Provincial Offences Procedures Act, as
amended to the person to whom the Municipal Ticket was issued.
21.6
Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a
Violation Ticket to any person who the Peace Officer has reasonable and probable
grounds to believe has contravened any provision of this Bylaw.
Section 22
Liability:
22.1 A member charged with the enforcement of this Bylaw, acting in good faith and
without malice for the Village in the discharge of the Member's duties, shall not
hereby render the Member personally liable and the Member is hereby relieved
from all personal liability for any damage that may accrue to persons or property
as a result of any act required or by reason of any act or omission in the discharge
of the Member's duties.
22.2 Any suit brought against a Member, because of an act or omission performed by
the Member in the enforcement of any provision of this Bylaw, shall be defended
by the Village until final determination of the proceedings. Any Member will be
reimbursed or indemnified against any loss or expense which the Member may
incur as a result of any inquiry relating to, or any action brought or judgment
obtained arising out of the Member's duties. The Village shall not be required to
pay any fines or penalties levied or imposed against any Member by reason of
any conviction or charge for any violation of any statutes or Bylaw.
Section 24
Schedules:
24.1
Schedule "A" as attached shall form part of this Bylaw.
24.1
Schedule "B" as attached shall form part of this Bylaw.
Section 25
Severability:
25.1 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 being
severable from the rest of the Bylaw and the 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.
Section 26
Repealed:
26.1
Bylaw #442-01 and any amendments, is hereby repealed.
Section 27
Passage of Bylaw:
27.1
This Bylaw shall come into effect upon third and final reading.
Village of Clive- Fire Protection Bylaw #548-21 page 12 of 14
Introduced and read a first time this 8th day of March, 2021.
Read a second time this 22th day of March , 2021.
Read a third and final time this 22th day of March, 2021.
___________________________
Mayor
___________________________
Chief Administrative Officer
Village of Clive- Fire Protection Bylaw #548-21 page 13 of 14
Schedule "A"
The Village of Clive Volunteer Fire Department
FIRE PERMIT
Issued under authority of the Village of Clive Bylaw #548-21
This permit authorizes (landowner only) _________________________ of
(Postal Address) _____________________, Clive, AB.
(Street Address) _____________________, Clive, AB. Telephone #: __________________
to kindle fires on the following lands/property:
___________________________________________________________________
Burning shall be done in compliance with the Village of Clive Bylaw #548-21, and the following
conditions:
1). Sufficient precautions have been taken to ensure that the fire can be kept under control
at all times, winds do not exceed 25 kph. and weather conditions allow for burning.
2). A responsible person (18 years of age or older) shall be in attendance at all times fire
is burning.
3). Burning is done only between the hours of: _________________________.
4). Insure that no deposit, discard or leave any burning material or substance has been
placed where it might ignite other matter and result in a fire.
5). _____________________________________________________________.
6). _____________________________________________________________.
I have read and understand the conditions and regulations governing this Fire Permit and accept
full responsibility.
Effective Date: __________________ Expiry Date: _________________.
Signature:
Dated: ____________________
______________________
(Permit Holder)
Countersigned by:
Dated: ____________________
______________________
(Fire Department Official)
NOTE:
This permit is not valid unless countersigned and may be cancelled at any time.
CONDITIONS:
A fire permit is valid only for the period indicated above. A fire permit may be cancelled or suspended
at any time by a Fire Department Official. Upon receipt of cancellation, the Permit Holder shall
immediately extinguish any fire set pursuant to this permit. Every person who sets a fire under
authority of a permit shall keep the permit at the site of the fire; produce and show the permit to an
officer on request; keep the fire under control; and extinguish the fire before expiration of the permit
or upon cancellation of the permit.
Village of Clive- Fire Protection Bylaw #548-21 page 14 of 14
Schedule "B"
Specified Penalties
Bylaw Offences First Offence Second Offence Subsequent
Offences within
The calendar year
19.3 (a) Contravene any provision of this Bylaw. $250.00 $500.00 $1,000.00
19.3 (b) Provide false, incomplete, or misleading $500.00 $1,000.00 $2,500.00
information to the Department on or
with respect to an incident, fire, or fire
relates information.
19.3 (c) Interfere with the efforts of any persons $1,000.00 $2,000.00 $5,000.00
authorized to extinguish fires or preserve
life of property or on the carrying out of
all duties of this Bylaw.
19.3 (d) At an incident, impede, obstruct, or $1,000.00 $2000.00 $5,000.00
hinder a member or other persons
assisting or acting under the direction
of the Member in Charge.
19.3 (e) At an incident, drive a vehicle over any $250.00 $500.00 $1,000.00
apparatus without the permission of the
Member in Charge.
19.3 (f) Impede obstruct or hinder a member $1,000.00 $2,000.00 $5,000.00
from carrying out duties imposed by this
Bylaw.
19.3 (g) Burn or be responsible for the burning $250.00 $500.00 $1,000.00
of any garbage or refuse except as provided
in this Bylaw.
19.3 (h) Allow any fire to give off dense smoke $250.00 $500.00 $1,000.00
or any offensive odor on a manner which
creates a nuisance.
19.3 (i) Allow any fire to burn out of control so $500.00 $1,000.00 $2,500.00
as to threaten or cause damage to
adjacent property.
19.3 (j) Light an open fire or a structure fire $250.00 $500.00 $1,000.00
unless he has been issued a permit.
19.3 (k) Light an open fire without first taking $250.00 $500.00 $1,000.00
sufficient precautions to ensure that fire
can be kept under control at all times.
19.3 (l) Light an open fire when weather $250.00 $500.00 $1,000.00
conditions are conducive to a fire readily
becoming out of control.
19.3 (m) Fail to take reasonable steps to control a $1,000.00 $2,000.00 $5,000.00
fire for the purpose of preventing it from
spreading onto land other than their own.
19.3 (n) Deposit, discard, or leave any burning $250.00 $500.00 $1,000.00
matter or substance in a place where
it might ignite other matter and result in
a fire.
19.3 (o) Fail to extinguish a fire once a Fire Ban $1,000.00 $2,000.00 $5,000.00
has been imposed.
19.3 (p) Affix any tool or device to a fire hydrant $500.00 $1,000.00 $2,500.00
or paint, otherwise tamper without
approval from the Village Office.
16.1 No person shall possess, handle, $250.00 $500.00 $1,000.00
discharge, fire, or set Consumer
Fireworks or display Fireworks
within the corporate limits of the Village.
16.4 No person shall be permitted to sell, $250.00 $500.00 $1,000.00
offer for sale, or store Consumer
Fireworks or display fireworks within
the Village.