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Bylaw No. 961/PS/2010
1
Bylaw No. 961/PS/2010
A BYLAW OF THE TOWN OF FAIRVIEW IN THE PROVINCE OF ALBERTA TO REGULATE FIRES AND
BURNING WITHIN THE CORPORATE LIMITS OF THE TOWN OF FAIRVIEW
WHEREAS
Pursuant to Section 7 of the Municipal Government Act, c. M-26. R.S.A. 2000 and
amendments thereto, a council may pass a bylaw for municipal purposes respecting the safety,
health and welfare of people and the protection of people and property; and
WHEREAS
The Council of the Town of Fairview deems it proper to pass a bylaw to regulate fires and
burning within the Town of Fairview; and
NOW THEREFORE
The Council of the Town of Fairview in the Province of Alberta. Pursuant to authority
conferred upon it by the Municipal Government Act, enacts as follows:
1.
This bylaw may be cited as the Fire Bylaw.
2.
In this bylaw:
2.1
"Burnable Debris" means materials other than prohibited debris burned in accordance with the
permit and all applicable statutes and bylaws including but not limited to materials such as:
2.1.1
straw and stubble;
2.1.2
grass and weeds;
2.1.3
brush and fallen trees on newly cleared land or associated with logging operations as per
the discretion of the Fire Chief or designate;
2.1.4
leaves and trees.
2.2
"Burning Permit" means a permit issued by the Fire Chief allowing the holder to have an Open Air
Fire, Structure Fire, or Incinerator Fire, and issued in the form of Schedule "B" to this bylaw, or by a
document similar thereto;
2.3
"Council" means the Council of the Town of Fairview;
2.4
"Designated Officer" means any designated officer of the Town of Fairview authorized to issue
orders pursuant to Section 545 of the Municipal Government Act;
2.5
"False Alarm" mans any notification of the Fire Department or any Member therefore 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 is, in fact, not in
existence, and includes any automated notification provided by an alarm or security system, or
notification by a security company;
2.6
"Fire Chief" means the member appointed by Council as head of the Fire Department, and includes
any individual designated to represent the Fire Chief in their absence;
2.7
"Fireworks" means Firecrackers and Fireworks as defined in the Alberta Fire Code, 2006
2.8
"Incinerator" means a non-combustible structure or container that has draft and smoke vents covered
with a proper screen which is ventilated in such a manner as to prevent the escape of combustible
materials including ash, and is used for the purpose of burning Burnable Debris;
Bylaw No. 961/PS/2010
2
2.9
"Incinerator Fire" means a fire burned completely within an Incinerator;
2.10
"Nuisance Smoke" means an unreasonable quantity of smoke that causes discomfort to adjacent
landowners over a period of time or smoke that may impede visibility or vehicular or pedestrian
traffic;
2.11
"Open Air Fire" means a fire that:
2.11.1
is not burned within an Incinerator, an Approved Fire Pit, or Public Park Site; and
2.11.2
without limiting the generality of the foregoing, shall include grass fires, forest and brush
fires, Running Fires, Structure Fires, wood scrap fires, ground thawing fire, chattel fires
and fires involving humus soil. piles of coal, feed and straw;
2.12
"Peace Officer" means a member of the Royal Canadian Mounted Police, Bylaw Enforcement
Officer or Special Constable as appointed by Council;
2.13
"Permanent Fire Pit" means a pit that is constructed, or requires some degree of excavation or use of
permanent building materials. Such pit construction will require a development permanent as per the
definition of "development" in S.616.b of the Municipal Government Act and the Town of Fairview
Land Use Bylaw;
2.14
"Portable Fire Pit" means any fire pit or receptacle that does not require heavy construction to
install. A Portable Fire Pit includes those that are pre-constructed and may be purchased at a retail
outlet;
2.15
"Prohibited Debris" means any inflammable waste that when burned, may result in the release to the
atmosphere of dense smoke, offensive odours to toxic substances as regulated, prohibited or
controlled by the Environmental Protection and Enhancement Act, R.S.A. 2009, c. E-12 or
regulations thereunder, or the Alberta Fire Code, 2006, including but not limited to:
2.15.1
animal cadavers;
2.15.2
animal manure;
2.15.3
pathological waste;
2.15.4
paint and paint materials;
2.15.5
non-wooden materials;
2.15.6
combustible material in automobiles;
2.15.7
used oil;
2.15.8
tires, rubber or plastic, or anything containing or coated with rubber or plastic or similar
substances;
2.15.9
household refuse;
2.15.10 wood or wood products containing substances for the purpose of preserving wood;
2.16
"Public Park Site Fire" means a fire on land owned or leased by the Town confined to an approved
non-combustible container supplied by the Town for the purpose of Recreation Fires;
2.17
"Recreational Fire" means a confined fire for the purpose of cooking, obtaining warmth or viewing
Bylaw No. 961/PS/2010
3
pleasure. A Recreational Fire may only be fuelled with seasoned wood (not to exceed the equivalent
of fifteen (15) litres in size), charcoal, natural gas or propane;
2.18
"Structure Fire" means any fire confined to and within any building, structure, machine or vehicle
which will or is likely to cause the destruction of or damage to such building, structure. Machine or
vehicle, excluding in Incinerator Fire;
2.19
"Town" means the Town of Fairview and, where the context requires, means the area contained
within the corporate boundaries of the municipality;
2.20
"Unattended Fire" means any fire burning without being under the proper control or supervision of
an adult person;
2.21
"Violation Tag" means a municipal tag issued pursuant to the authority of Section 7 of the Municipal
Government Act;
2.22
"Violation Ticket" means a violation ticket under part 2 or part 3 of the Provincial Offences
Procedure Act, R.S.A. 2000, c.P-34
3
Fire Pits
3.1
All Fire Pits (both Permanent and Temporary) shall:
3.1.1
be setback ten (10) feet / three (3) meters from fences, property lines and buildings;
3.1.2
be located in the rear yard;
3.1.3
be constructed of non-combustible materials, including a proper screen;
3.1.4
not be constructed over any underground utilities or beneath overhead wires; and
3.1.5
be constructed in accordance to any provincial and/or municipal codes or regulations.
3.2
No person shall construct or use a Fire Pit unless that Fir Pit is an Approved Fire Pit.
3.3
The issuance of a Fire Pit Permit shall be at the sole discretion of the Fire Chief, and the issuance of
such a permit may be denied for any reason deemed appropriate in the opinion of the Fire Chief.
3.4
In addition to the Fire Pit requirements imposed by this Bylaw, the FireChief may impose any
further conditions to a Fire Pit Permit deemed necessary in the opinion of the Fire Chief.
4
Open Air Fires
4.1
No person shall permit an Open Air Fire upon land owned, occupied or under his or her control
within the Town, unless a Burning Permit has been obtained, the provisions and conditions of the
Open Air Permit are complied with, and only Burnable Debris is burned.
4.2
No person or corporation shall light, ignite, start or cause to be made a fire in a receptacle commonly
referred to as a "Burning Barrel".
5
Recreational Fires
5.1
A Burning Permit shall not be required under this Bylaw to conduct a Recreational Fire in an
Approved Fire Pit or in a Public Park Site provided:
5.1.1
only clean fuel is used such as natural gas, dry wood or charcoal in amounts which will
be contained within the burning area of an Approved Fire Put below the proper screen;
Bylaw No. 961/PS/2010
4
5.1.2
the Approved Fire Pit is not used to burn Prohibited Debris;
5.1.3
an acceptable and effective means of controlling or extinguishing the fire is available at
the site of the fire or within a reasonable distance thereof; and
5.1.4
an adult person is present at the site of where the fire is burning until such fire is fully
extinguished;
5.2
All fires, including Open Air Fires, Recreational Fires, and Incinerator Fires, shall be contained to a
reasonable size so that the fire, or any embers, sparks or smoke emanating there from does not
endanger any person or property, cause any objectionable effect on nearby property, or create any
Nuisance Smoke.
6
Fireworks
6.1
No person shall purchase or discharge Fireworks without a valid and subsiding Firework Permit
from the Fire Chief.
6.2
A Firework Permit may only be issued for the purpose of a singular event.
6.3
Fireworks shall not be discharged while a Fire Ban is in effect.
6.4
The issuance of a Firework Permit shall be a the sole discretion of the Fire Chief, and the issuance of
such a permit may be denied for any reason deemed appropriate in the opinion of the Fire Chief.
6.5
In addition to the conditions indicated in Schedule "C" to this Bylaw, the Fire Chief may impose any
further conditions to a Firework Permit deemed necessary in the opinion of the Fire Chief.
7
Control of Fire Hazards
7.1
The Fire Chief may:
7.1.1
issue a Burning Permit, Firework Permit or Fire Pit Permit to a person eighteen (18) years
or older;
7.1.2
issue such a Burning Permit, Firework Permit or Fire Pit Permit for use on any lands
within the municipal boundaries of the Town of Fairview;
7.1.3
direct the operations in respect of any Burning Permit, Firework Permit or Fire Pit
Permit.
7.2
If, in the sole opinion of the Fire Chief or Peace Officer, a Permanent Fire Pit, and Portable Fire Pit
or any other receptacle does not comply with this Bylaw or poses a fire hazard, the Fire Chief, the
Fire Department or a Peace Officer may extinguish or have extinguished said fire and order the
property owner or person responsible for the fire or fire receptacle to be relocated or have removed
the Fire Pit receptacle or burning materials from the property.
7.3
The Fire Department or a Peace Officer is permitted to require a person to cease the discharging of
fireworks in the interest of safety or a violation of the conditions of the permit.
7.4
A fire ban may be imposed by the Fire Chief or Deputy Fire Chief or in their absence, either the
Mayor or in his or her absence the Deputy Mayor or the Chief Administrative Officer.
7.5
If a Designated Officer finds a condition that, in their opinion constitutes a fire hazard, they may
order the owner or the person in control of the land on which the fire hazard exists to reduce or
remove the fire hazard within a fixed time and in a manner prescribed by the Designated Officer.
Bylaw No. 961/PS/2010
5
7.6
When a Designated Officer finds that the order it made pursuant to Section 7.5 has not been carried
out, the Town may enter on the land with any equipment and any person it considers necessary and
perform the work required to eliminate or reduce the fire hazard.
8
Recovery of Costs
8.1
Where an offence has been committed or where the Fire Department has taken any action for which
a fee is payable under Schedule "A", such fee shall be paid upon the taking of such action or within
a reasonable time thereafter if, in the circumstances, it is impractical to pay or receive the fee at the
time such action is taken;
8.2
Where Fire Services has extinguished a fire or responded to an incident within or outside the Town
for the purpose of preserving life or property from injury or destruction by such incident. including
and such action taken by the Fire Department on a False Alarm, the Fire Chief may in respect of any
costs incurred by Fire Services in taking such action, charge any costs so incurred by the Fire
Department to:
8.2.1
the person who caused the incident;
8.2.2
the owner of the land or the person in possession where the incident occurred;
8.2.3
the owner of the property involved where the incident does not occur on privately owned
land.
8.3
In the event that the owner or occupant of any land within or outside the Town shall feel aggrieved
by any action taken by the Fire Department pursuant to Sections 8.1 or 8.2 of this Bylaw, such
owner or occupant shall have a period of thirty (30) days from the date of notice of action mailed by
the Fire Department, to appeal to Council against the action. The decision of Council on such appeal
shall be final and binding upon the owner or occupant of the land and will not be subject to any
further appeal.
8.4
In respect of the costs or fees described in Section 8.1 and 8.2:
8.4.1
in the case of action taken by the Fire Department in respect of land outside of the Town,
Council may recover such costs or fees as a debt due and owing to the Town, or
8.4.2
in the case of action taken by the Fire Department in respect of land within the Town
where the cost or fee is not paid upon demand by the Town, then in default of payment,
such costs or fee may be charged against the land as taxes due and owing in respect of
that land.
9
Offences
9.1
Where a fire is lit under the circumstances prohibited by Section 4 or 5, the owner or occupier of the
land or the person having control of the land upon which such fire is lit shall:
9.1.1
extinguish the fire immediately; or
9.1.2
where her or she is unable to extinguish the fire immediately, report the fire to the Fire
Department.
9.2
No person shall kindle a fire and allow it to produce Nuisance Smoke on any land or property, the
property of another, or any public highway.
9.3
No person or persons shall either directly or indirectly, cause to be reported a False Alarm.
Bylaw No. 961/PS/2010
6
9.3.1
Where a False Alarm has been given by an alarm or security system, or a security
company, the owner or occupant of the premises from where that False Alarm originated
shall be deemed to have contravened this section.
9.4
No person shall impede, obstruct or hinder the Fire Chief or a member of the Fire Department or
other persons assisting or acting under the direction of the Fire Chief or the member of the Fire
Department in charge at any incident.
9.5
No person shall damage or destroy Fire Department apparatus or equipment.
9.6
No person shall drive a vehicle over any fire apparatus, hose, or equipment without the permission of
the Fire Chief or the member of the Fire Department in charge at any incident.
9.7
No persona shall falsely represent themselves as a member of the Fire Department or wear or display
the Fire Department badge, cap, button, insignia, or other paraphernalia for the purpose of such false
representation.
9.8
No person shall obstruct or otherwise interfere with access to any fire alarm, fire hydrant, cistern or
body of water designated for fire-fighting purposes or other connections provided to a fire main,
pipe, stand pipe or sprinkler system.
9.9
No person shall deposit, discard or leave any burning material or substance where it may ignite other
material and cause a fire.
9.10
When applying for a Burning Permit, Fireworks Permit or Fire Pit Permit, no person shall knowingly
provide false information with respect to their application.
9.11
No person shall ignite, allow, maintain or permit an Unattended Fire.
9.11.1
Where a fire becomes an Unattended Fire, the person who ignited that fire is guilty of an
offence under Section 9.11 unless it can be shown that the person took all reasonable
steps to ensure that the fire did not become an Unattended Fire.
9.11.2
No person shall burn, or allow to be burned, any Prohibited Debris.
10 Violation Tags
10.1
A Peace Officer is hereby authorized and empowered to issue a Violation Tag to any Person, whom
the Peace Officer has reasonable grounds to believe has contravened any provision of this Bylaw.
10.2
A Violation Tag may be issued to such person:
10.2.1
personally;
10.2.2
by registered mail sent to the postal address of the person, as shown on the Tax
Assessment Roll or on the Certificate of Title for the property; or
10.2.3
by leaving it with a person apparently over eighteen (18) years of age at the place of
residency of the person to whom the Violation Tag is addressed.
10.3
The Violation Tag shall be in a form approved by the Chief Administrative Officer and shall state:
10.3.1
the name of the Person to whom the Violation Tag is issued;
10.3.2
a description of the offence and the applicable Bylaw Section;
Bylaw No. 961/PS/2010
7
10.3.3
the appropriate penalty for the offence as specified in Schedule "A" of this Bylaw;
10.3.4
that the penalty shall be paid within thirty (30) days of the issuance of the Violation Tag
in order to avoid prosecution; and
10.3.5
any other information as may be required by the Chief Administrative Officer.
10.4
Where a Violation Tag has been issued pursuant to this Bylaw, the Person to whom a Violation Tag
has been issued may, in lieu of being prosecuted for the offence, pay to the Town Office the penalty
specified on the Violation Tag.
11 Violation Tickets
11.1
In the event that a Violation Tag has been issued and the penalty specified on the Violation Tag has
not been paid within the prescribed time, a Peace Officer may issue a Violation Ticket, pursuant to
Part II of the Provincial Offences Procedure Act, to the person to whom the Violation Tag was
issued.
11.2
Notwithstanding Section 11, a Peace Officer may immediately issue a Violation Ticket to any person
whom the Peace Officer has reasonable grounds to believe has contravened any provision of this
Bylaw.
11.3
A Violation Ticket issued with respect to a violation of this Bylaw shall be served upon the person
responsible for the contravention in accordance with the Provincial Offences Procedure Act.
11.4
The person to whom the Violation Ticket has been issued may plead guilty by making a voluntary
payment in respect of the summons by delivering to the Provincial Court, on or before the initial
appearance date, the Violation Ticket together with an amount equal to the specified penalty for the
offence as provided by Schedule "A" of this Bylaw.
11.5
When a clerk records in the Court records the receipt of a voluntary payment pursuant to Section
11.4 and the Provincial Offences Procedure Act, the act of recording receipt of that payment
constitutes acceptance of the guilty plea and also constitutes the conviction and the imposition of a
fine in the amount of the specified penalty.
11.6
Notwithstanding Sections 11.4 and 11.5 above, a Peace Officer may issue a Violation Ticket without
listing a specified penalty, and require that the person charged makes a mandatory court appearance.
12 Penalties
12.1
The specified penalties for breaches of this Bylaw are set out in Schedule "A" hereto;
12.2
A person who fails to comply with any provision contained in this bylaw is guilty of an offence and
is liable on summary conviction to imprisonment to a term of not more than 6 months or a fine of not
more than $2500.00 or to both a fine and imprisonment;
13 Bylaw No. 816/PS/98 is hereby repealed.
14 This bylaw shall come into effect on the date of its final passing.
READ A FIRST TIME this 1st day of June, A.D. 2010
Bylaw No. 961/PS/2010
8
________________________
Mayor Lloyd Campbell
________________________
CAO Martin Taylor
READ A SECOND TIME this 3rd day of August, A.D. 2010
________________________
Mayor Lloyd Campbell
________________________
CAO Martin Taylor
READ A THIRD TIME AND FINALLY PASSED this 7th day of September, A.D. 2010
________________________
Mayor Lloyd Campbell
CAO Martin Taylor
Signatures on original
Signatures on original
Signatures on original
Signatures on original
Signatures on original
Signatures on original
Bylaw No. 961/PS/2010
9
SCHEDULE "A"
of Bylaw No. 961/PS/2010
Town of Fairview
I. SPECIFIED PENALTIES FOR OFFENCES
Provision
Contravened
Description of Offence
Specified Penalty
3.2
Use or Construction of Fire Pit without
Permit
$150
4.1
Failure to Obtain Permit/Comply with
Conditions for Open Air Fire
$200, plus all costs of
extinguishment
4.2
Fire in "Burning Barrel"
$300
5.1
Recreational Fire Not Compliant with
Requirements
$200
6.1
Purchase or Discharge of Fireworks
without Permit
$300
6.3
Discharge Fireworks during Fire Ban
$300
7.4
Fire During Fire Ban
$300
9.1
Failure to Extinguish or Report Fire
$150
9.2
Fire Producing Nuisance Smoke
$250
9.3
Cause to be reported a False Alarm
$75 First Offence
$200 Second Offence
$300 All Subsequent Offences
9.4
Obstruct Chief or Member of Fire
Department
$200
9.5
Damage or Destroy Fire Department
Apparatus or Equipment
$1500
9.6
Drive Vehicle over Fire Apparatus or
Fire Hose
$500
9.7
Falsely Represent Fire Department
Member
$250
Bylaw No. 961/PS/2010
10
9.8
Obstruct or Interfere with Fire
Equipment
$200
9.9
Deposit/Leave Items Creating Ignition
Hazard
$200
9.10
False Information on Application for
Permit
$200
9.11.1
Allow Unattended Fire
$300
9.11.2
Burn Prohibited Debris
$300
II.CHARGES AND FEES
Emergency and Incident Responses:
Rescue Vehicle and Crew
$400/hr
Pumper Truck and Crew
$400/hr
Ladder Truck and Crew
$400/hr
Command Vehicle and Crew
$100/hr
Fireworks Permit
$25
Burning Permit
$10
Fire Pit Permit
$15
Bylaw No. 961/PS/2010
11
SCHEDULE "B"
of Bylaw No. 961/PS/2010
BURNING PERMIT
for Open Air Fires
NAME OF APPLICANT ________________________________Phone#____________________
Legal Description________________________________________________________________
Municipal Address_______________________________________________________________
Type and description of material to be used for the pit:
______________________________________________________________________________
______________________________________________________________________________
The Permit Holder agrees to pay the costs of fighting all fires caused by willful or negligent violation of any condition
set out in this permit and accompanying bylaw. I have read and fully understand the information of this fire permit:
______________________________
______________________________
Applicant
Date
______________________________
______________________________
Approved by Fire Chief/Designate
Date
Effective Date:
Expiration Date:
CONDITIONS
1. It is the responsibility of the applicant to be familiar and abide by the requirements of this Permit and
Bylaw.
2. Materials burned must only be burnable debris as outlined in the Open Burning Bylaw.
3. At the time of burning, wind speed (including gusts) must not exceed 20km/h.
4. At least one responsible adult must be in attendance of the burn.
5. Provisions must be made for adequate extinguishment.
6. Proper consideration has been taken to not create a smoke nuisance or hazard to neighbouring properties,
persons, roadways or traffic
Bylaw No. 961/PS/2010
12
SCHEDULE "C"
of Bylaw No. 961/PS/2010
FIREWORK PERMIT
NAME OF APPLICANT ________________________________Phone#_____________________
Legal Description__________________________________________________________________
Municipal Address_________________________________________________________________
Type and description of fireworks display:
_________________________________________________________________________________
_________________________________________________________________________________
The Permit Holder agrees to pay the costs of fighting all fires caused by willful or negligent
violation of any condition set out in this permit and accompanying bylaw. I have read and fully
understand the information of this permit:
______________________________
______________________________
Applicant
Date
______________________________
______________________________
Approved by Fire Chief/Designate
Date
Effective Date:
Expiration Date:
CONDITIONS
1. It is the responsibility of the applicant to be familiar and abide by the requirements of this Permit and
Bylaw, as well as Provincial and Federal regulations.
2. At the time of discharge, wind speed (including gusts) must not exceed 45km/h.
4. Fireworks may only be purchased, possessed, handled or discharged by an individual over the age of 18.
5. Provisions must be made fore adequate extinguishment.
Bylaw No. 961/PS/2010
13
SCHEDULE "D"
of Bylaw No. 961/PS/2010
FIRE PIT PERMIT
NAME OF APPLICANT ________________________________Phone#_____________________
Legal Description__________________________________________________________________
Municipal Address_________________________________________________________________
Type and description fire pit (include materials):
_________________________________________________________________________________
_________________________________________________________________________________
Location of Proposed Fire Pit:
CONDITIONS
1. It is the responsibility of the applicant to be familiar and abide by the requirements of this Permit and
Bylaw, as well as Provincial and Federal regulations.
2. Provisions must be made for adequate extinguishment.
Bylaw No. 961/PS/2010
14
The Permit Holder agrees to pay the costs of fighting all fires caused by willful or negligent
violation of any condition set out in this permit and accompanying bylaw. I have read and fully
understand the information of this permit:
______________________________
______________________________
Applicant
Date
______________________________
______________________________
Approved by Fire Chief/Designate
Date
Effective Date: