This is the exact embedded text of the captured official document.
Snapshot 9dfc19c1bdbe · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CITY OF FORT SASKATCHEWAN
A BYLAW OF THE CITY OF FORT SASKATCHEWAN, IN THE PROVINCE OF
ALBERTA, TO REGULATE FIRE SERVICES WITHIN
THE CITY OF FORT SASKATCHEWAN
BYLAW NO. C14-16
The Council of the City of Fort Saskatchewan in the Province of Alberta, duly assembled, enacts
the "Fire Services Bylaw" as follows:
1. Definitions:
For the purposes of this Bylaw:
a) "burnable debris" means:
i)
seasoned wood and wood products;
ii)
material which does not contain preservatives, paints, stains, glues, or laminates;
iii)
charcoal; and
iv)
any other substances sold for the purpose of being burned for recreational fires,
which are not "prohibited debris";
b) "City" means the City of Fort Saskatchewan;
c) "City Manager" means the City's Chief Administrative Officer or designate;
d) "commercial fire" means a fire which is set or maintained for commercial purposes and
includes, without limitation, flaring, thawing the ground for commercial purposes,
controlled burns, public events where a fee is charged for attendance, and training. It does
not include fires set by the City for municipal purposes, incinerator fires, or fires set by the
Fire Services Department for their purposes;
e) "Council" means the municipal Council of the City of Fort Saskatchewan;
f) "dangerous goods" means dangerous goods as defined in the Dangerous Goods
Transportation and Handling Act;
g) "Deputy Fire Chief" means the person authorized as such by the Fire Chief;
h) "equipment" means any tools, contrivances, devices or materials used by the Fire Services
Department to combat any incident, and includes rolling apparatus such as, but not limited
to, fire truck, pumper truck, rescue truck, rescue boat, mobile command unit, brush truck,
auxiliary truck, dangerous goods unit, tanker or any vehicle provided with machinery,
devices, equipment or materials used to transport members or supplies to combat any
incident;
Fire Services Bylaw C14-16
Page 2
i)
"false alarm" means any situation whereby the Fire Services Department is needlessly
contacted and attends, or is requested or required to attend, to a property in the absence
of an incident, through willful, accidental, human or mechanical error;
j)
"fire" means the burning of any flammable or combustible material or any combustible
material in a state of combustion;
k) "fire ban" means an order, prohibition or restriction of fires issued by the Province of Alberta
or by the Fire Chief in accordance with this Bylaw;
l)
"Fire Chief" means the position responsible for fire services for the City of Fort Saskatchewan;
m) "fire fighter" means a member of the Fire Services Department, whose functions, duties or
powers are to carry out fire services, notwithstanding that the member may carry out other
functions, duties or powers of the Fire Services Department;
n) "fire hazard" means any condition, circumstance or event that, in the opinion of the Fire
Chief, unduly or excessively increases the possibility or probability of fire occurring,
becoming a running fire, or causing injury or property damage;
o) "fire permit" means a permit allowing the setting of fires within the City issued by the Fire
Chief in accordance with this Bylaw;
p) "fire pit or fireplace" means a permanent or portable outdoor receptacle that uses "burnable
debris" and which is only used for recreational fires in a residential setting, as outlined in
Sections 5.4 and 5.5;
q) "Fire Protection Services Agreement" means a written agreement between the City and:
i)
any one or more neighboring municipality whose boundaries are adjacent or in
proximity to the City, which describes the provision of fire services by one party to
another, or the reciprocal provision of fire services;
ii)
any one or more neighboring Federal or Provincial area whose boundaries are
adjacent or in proximity to the City, which describes the provision of fire services
by one party to another, or the reciprocal provision of fire services; or
iii)
any one or more entity which provides emergency services, describing the
provision of fire services to be delivered on behalf of the City;
r) "fire services" means services related to the suppression or prevention of fires, rescue
and emergency services and other activities of a fire fighter;
s) "Fire Services Department" means the Department of the City of Fort Saskatchewan
which provides fire services in accordance with this Bylaw;
t) "highway" means any thoroughfare, street, road, trail, pathway, avenue, parkway,
driveway, viaduct, lane, alley, square, bridge, causeway, trestle way, or place or any part
of them, whether publicly or privately owned, that the public is ordinarily entitled or
permitted to use for the passage or parking of vehicles;
Fire Services Bylaw C14-16
Page 3
u) "incident" means a fire or a situation where a fire or an explosion is occurring, may be
imminent, or any other situation presenting a danger or possible danger to life or property,
and to which the Fire Services Department has responded, including motor vehicle
accidents;
v) "Incident Commander" means the first officer to arrive at an incident;
w) "incinerator" means a non-combustible structure or container, the draft and smoke vents
of which are covered with a regulation screen, and which is ventilated in such a manner
as to prevent the escape of combustible materials, including ash;
x) "incinerator fire" means a fire burning burnable debris that is confined within an incinerator;
y) "level of service" means the City of Fort Saskatchewan Fire Department Service Level
Policy SAF-015-C, as adopted by Council;
z) "municipal tag" means a tag or similar document issued by the City pursuant to the
Municipal Government Act (MGA) for the purpose of notifying a person that an offence
has been committed, and which fine or prosecution may follow;
aa) "Officer" means the Fire Chief, Deputy Fire Chief, and/or any fire fighter designated as an
officer by the Fire Chief;
bb) "open air fire" means any fire which is not contained inside of a building, pit or public park
site fire pit, and without limiting the generality of the foregoing, includes grass, forest,
brush, running, structure, building, wood scrap, ground thawing and burning fires, or the
burning of personal property;
cc) "Peace Officer" means a Peace Officer as defined in the Peace Officer Act;
dd) "person" means an individual, firm, partnership, joint venture, proprietorship, corporation,
association, society and any other legal entity;
ee) "pit fire" means a fire contained within an acceptable fire pit or fireplace;
ff) "portable appliance" means an appliance constructed or used for the purpose of cooking
food out-of-doors;
gg) "prohibited debris" means any material that when burned, will result in the release to the
atmosphere of dense smoke, offensive odors, or a substance, and the release of which is
regulated, prohibited or controlled by the Environmental Protection and Enhancement Act,.
This includes but is not limited to animal carcasses; manure; chemicals and chemical
containers; combustible material in automobiles or their bodies; household refuse; non-
wooden material; paints and painting materials; pathological waste; rubber; plastic, or
anything containing or coated with rubber, plastic or similar substances; tires; and used oil,
wood or wood products containing substances for the purposes of preserving wood, or
personal property;
Fire Services Bylaw C14-16
Page 4
hh) "public park site fire" means a fire set for the purpose of a recreational fire on land owned
or leased by the City or under the City's direction, control and management for
recreational purposes, that is confined to a non-combustible container supplied by the
City as approved by the Fire Chief, or a portable appliance, which is fueled only by
burnable debris;
ii) "recreational fire" means a pit fire or a fire confined to a non-combustible container which
is set for the purpose of cooking, obtaining warmth or viewing pleasure, and which is
fueled only by burnable debris;
jj) "regulation screen" means a spark arrestor mesh screen with openings no larger than
1.25 cm at their widest dimension and constructed of expanded metal or equivalent non-
combustible material;
kk) "running fire" means a fire burning without being under the control of any person;
ll) "specified penalty" means a penalty specified in Schedule "A", attached hereto and
forming part of this Bylaw, for committing an offence under this Bylaw when such offence
is being prosecuted by way of a municipal tag; and
mm) "violation ticket" means a provincial violation ticket under Part 2 or Part 3 of the Provincial
Offences Procedure Act.
2. Fire Services:
2.1
Council authorizes the Fire Services Department to:
a) provide fire services;
b) preserve life and property and protect persons and property from injury or
destruction by incidents;
c) fulfill obligations under approved Fire Protection Services Agreements; and
d) advise Council when establishing annual budgets and the purchase of equipment.
2.2
Fire services shall be provided in accordance with the Fire Department Service
Level Policy SAF-015-C and any applicable standard operating guidelines as
established in any applicable legislation, regulation or policy adopted by Council, or
issued by the Provincial or Federal Governments.
2.3
In the event of any inconsistency between the level of service provided and any
applicable legislation, regulation or policy issued by provincial or federal
legislation, the provincial or federal legislation, regulation or policy shall prevail,
notwithstanding Section 13.1 of this Bylaw.
Fire Services Bylaw C14-16
Page 5
Fire Services Outside the City:
2.4
The Fire Services Department shall not provide or use fire services beyond the
boundaries of the City without:
a) a Fire Protection Services Agreement; or
b) approval of the City Manager.
2.5
On behalf of the City, the Fire Chief may negotiate Fire Protection Services
Agreements, including renewals and amendments thereof.
3. Officers and Other Authorities:
3.1
The Fire Chief is hereby authorized to take such action as may be necessary for:
a) the development of rules, regulations and policies for the ongoing organization
and administration of the Fire Services Department;
b) the direction of the Fire Services Department and its fire fighters to carry out all
fire services in accordance with this Bylaw and any applicable municipal,
provincial, or federal legislation.
3.2
The Fire Chief is the appointed officer of the City for the purpose of carrying out any
inspection, remedy, enforcement or other action pursuant to this Bylaw.
3.3
When responding to an emergency at an incident, the Fire Chief may take whatever
actions or measures necessary to eliminate that emergency or protect persons or
property, including without limitation:
a) cause a building, structure or thing to be pulled down, demolished or otherwise
removed to prevent or reduce the risk of a fire becoming a running fire or otherwise
spreading to other buildings, structures or things;
b) cause fire fighters to enter on any land or premises, with or without equipment,
including adjacent land or premises, to combat, control or deal with the incident;
c) issue directions or establish boundaries or limits and prohibit persons from
entering the area within the prescribed boundaries or limits;
d) order an evacuation of any building or area which directly or indirectly is involved
in an incident;
e) request that persons who are not fire fighters provide assistance for the protection
of persons or property;
f) commandeer privately owned equipment for the protection of persons or property;
and
g) request Peace Officers to enforce directions and restrictions on persons entering
within the boundaries or limits referred to in this Bylaw.
Deputy Fire Chief:
3.4
The Deputy Fire Chief is hereby authorized, in the event that the Fire Chief is absent
or unavailable, to take any action which the Fire Chief is authorized to take in
accordance with this Bylaw.
Fire Services Bylaw C14-16
Page 6
Fire Fighter Appointment and Responsibilities:
3.5
All fire fighters, except the Fire Chief, shall be appointed to their positions within the
Fire Services Department by the Fire Chief.
3.6
All fire fighters shall have the authority, duties and responsibilities as established
under this Bylaw, any applicable municipal, provincial, or federal legislation, policy,
administrative directive, procedure, or standard operating guideline.
Powers of Incident Commanders:
3.7
The Incident Commander has control, direction and management of any equipment
and fire fighters responding to the incident. The Incident Commander shall continue
to serve as Incident Commander until relieved by another Officer.
3.8
The Fire Chief may delegate to an Incident Commander the authority to take any
actions at an incident that the Fire Chief could take pursuant to this Bylaw.
4. Prohibitions:
4.1
No person shall set or cause or allow to be set any fire within the boundaries of the
City except in accordance with this Bylaw.
4.2
No person shall burn or cause or allow to be burned any prohibited debris within the
boundaries of the City, except in accordance with a fire permit.
4.3
No person shall enter the boundaries of an off-limits area prescribed in accordance
with Section 3.3(c) without the authorization of the Fire Chief.
4.4
No person shall burn any substance or material except burnable debris in a fire except
in accordance with a fire permit.
4.5
No person shall damage or destroy equipment.
4.6
No person at an incident shall drive a vehicle over any equipment without permission
of the Incident Commander or the Fire Chief.
4.7
No person shall obstruct or interfere with a fire fighter from carrying out duties imposed
by this Bylaw.
4.8
No person shall falsely represent himself or herself as a fire fighter or wear or display
any City of Fort Saskatchewan Fire Services' badge, cap, button, insignia or other
paraphernalia, except with the authorization of the Fire Chief.
4.9
No person shall intentionally cause or allow a false alarm to occur, excluding a
false alarm which is caused by faulty smoke or fire detection equipment.
4.10
No person shall use a fire pit or fireplace that does not conform to the requirements of
Sections 5.4 or 5.5.
Fire Services Bylaw C14-16
Page 7
5. Permitted Fires:
5.1
The following fires are permitted without a fire permit, provided they are set and
maintained in accordance with this Bylaw:
a)
where the fire and any associated sparks are wholly contained within a building
or other structure which are related to the ordinary and expected use of that
structure, excluding commercial fires;
b)
fires set by the Fire Services Department for their purposes, including the training
of fire fighters;
c)
fires set by the City for municipal purposes;
d)
fires being used for the cooking of food using a portable appliance; and
e)
pit fires and public park site fires provided:
i)
materials are only burned in such amounts as will be contained within the
burning area of such pit, fireplace, or container and below the regulation
screen of a pit or fireplace;
ii)
a means, acceptable to the Fire Chief, of controlling or extinguishing the fire
is available at the site of the fire, or within a reasonable distance thereof; and
iii) a responsible adult is present at the site of the fire when the fire is burning.
5.2
The following fires are only permitted under this Bylaw if they are in accordance with a
fire permit for:
a) commercial fires;
b) open air fires; and
c) any other fires not listed in this Bylaw.
5.3
Any fire permitted or allowed under this Bylaw shall be contained to a reasonable size
so that the fire, or any embers, sparks or smoke emanating from it do not endanger
any person or property or cause any objectionable effect on nearby property.
Fire Pits:
5.4
Fire pits are only permitted to be used for recreational fires in a residential and park
setting, and must maintain the following provisions:
a) a minimum separation of 3 meters, measured from the nearest edge of buildings,
property lines, or any combustible material;
b) enclosed sides made from bricks, concrete blocks, heavy gauge metal, or other
non-combustible materials;
c) a regulation screen covering the opening in a manner sufficient to contain and
reduce the hazards of airborne sparks;
d) a height not exceeding 0.6 meters when measured from the lowest point of the
surrounding grade to the top of the pit opening; and
e) an opening with a width, length or diameter not exceeding 1 meter when measured
at the widest part.
Fire Services Bylaw C14-16
Page 8
Fire Place or Outdoor Cooking Oven:
5.5
Fireplaces or outdoor cooking ovens, commonly referred to as a chimineas, are only
permitted to be used for recreational fires in a residential setting, and shall maintain
the following provisions:
a) a chimney of not more than 2.5 meters in height when measured from the lowest
point of the base of the fire burning area;
b) a base of the fire burning area not less than 0.3 meters above the lowest point of
the surrounding grade;
c) a fire chamber not to exceed 1.25 meters in width measured at the widest point;
and
d) a fire chamber not less than 0.4 meters and not more than 0.6 meters in depth
measured at the deepest point.
6. Requirement to Report and Remedy:
6.1
The owner or authorized agent of the owner of any property damaged by fire shall
immediately report to the Fire Services Department the particulars of the fire, in a
form and to the extent required by the Fire Chief.
6.2
The owner or authorized agent of the owner of any property within or upon which an
accidental or unplanned release of dangerous goods occurs, shall immediately report
the release to the proper regulatory authority, the Fire Services Department, and
the local police service.
6.3
If a fire has been set contrary to this Bylaw, the owner or occupier or both of the
parcel of land or building where the fire is burning shall:
a) extinguish the fire immediately; and
b) if unable to extinguish the fire immediately, report the fire to the Fire Services
Department, as soon as possible.
7. Fire Permits:
7.1
Any person wishing to obtain a fire permit must apply to the Fire Chief during normal
business hours of the Fire Services Department.
7.2
An application for a fire permit must contain the following information:
a) the name and address of the applicant, and if different from the applicant, 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 fire permit is required;
d) the precautions that will be taken by the applicant to ensure that the proposed fire
remains under their control;
e) the signature of the applicant;
f) written consent of the owner of the land, if different than the applicant, for the application
of the fire permit; and
g) any other information required by the Fire Chief.
Fire Services Bylaw C14-16
Page 9
7.3
No person shall provide false or misleading information in the fire permit application.
7.4
The Fire Chief shall consider an application for a fire permit upon receipt, and may:
a) refuse the application if it does not comply with this Bylaw;
b) approve the application, with or without conditions, or
c) determine that a fire permit is not required.
7.5
A fire permit issued pursuant to this Bylaw is valid only for such period of time as shall
be determined and set by the Fire Chief.
7.6
Upon application by the holder of the fire permit, the Fire Chief may in writing, extend
the period of time that the fire permit is valid, provided it has not yet expired.
7.7
The Fire Chief may at any time, suspend, revoke, or amend the conditions of a fire
permit for the purpose of protecting persons or property.
8. Fire Bans:
8.1
The Fire Chief may issue a fire ban when there is an increased risk of a fire
becoming a running fire, or causing injuries or property damage due to any
conditions, including environmental conditions.
8.2
A fire ban issued by the Fire Chief shall be in force until such time that the fire ban has
been lifted by the Fire Chief.
8.3
When a fire ban is in force, no person shall set a fire or cause or allow a fire to be set
on their property, property under their control, or property located in a public park site
within the City.
8.4
If a fire ban is in force, all fire permits are suspended, unless otherwise directed by
the Fire Chief.
8.5
The Fire Chief, upon issuing or lifting a fire ban pursuant to this Bylaw, shall give
the public notice through websites, media announcements, or other public notification
methods deemed appropriate.
8.6
All persons are responsible for determining whether a fire ban is in effect. Failure to
receive notice of a fire ban shall not constitute a valid defence for a breach of
notification of such fire ban.
9. Control of Hazards:
9.1
The owner or occupier of any parcel of land or building within the boundaries of the
City shall ensure that such parcel of land or building is free of fire hazards.
Fire Services Bylaw C14-16
Page 10
10. Recovery of Costs:
10.1
Where the Fire Services Department has responded to an incident, they shall charge
the fees set out in the City's Fees and Charges Bylaw to the person who caused the
incident, the owner or occupier of the land where the incident occurred, or both.
10.2
In the event of a false alarm, the Fire Services Department shall charge the fees set out
in the Fees and Charges Bylaw to the person who caused the false alarm, the owner
or occupier of the land where the false alarm occurred, or both.
11. Offences:
11.1
Any person who contravenes any provision of this Bylaw is guilty of an offence by:
a) doing something that is prohibited by this Bylaw;
b) failing to do something that is required by this Bylaw; or
c) doing something in a manner different from that which is required by this Bylaw
11.2
Where a contravention of this Bylaw is of a continuing nature, every day during
which the contravention continues, shall be deemed to be a separate offence.
11.3
A violation ticket shall be served upon the person named therein in accordance with
the provisions of the Provincial Offences Procedure Act.
11.4
Where a Peace Officer has reasonable grounds to believe that a person has violated
any provision of this Bylaw, that Peace Officer may serve that person with a municipal
tag.
11.5
Notwithstanding Section 11.4, where a Peace Officer has reasonable grounds to
believe that a person has violated any provision of this Bylaw, that Peace Officer may
serve that person with a municipal tag by personal service or by registered mail.
11.6
A municipal tag issued pursuant to this Bylaw shall specify the penalty in lieu of
prosecution payable in respect to the contravention of this Bylaw, as set out in
Schedule "A" for Specified Offences.
11.7
A person who has been issued a municipal tag pursuant to this Bylaw and has paid
the penalty to the City by the date specified on that municipal tag, shall not be liable for
prosecution of the subject contravention.
11.8
Nothing in this Bylaw shall prevent a Peace Officer from issuing a violation ticket for
the mandatory court appearance of any person who contravenes any provision of
this Bylaw.
Penalties:
11.9
A person who is convicted of an offence pursuant to this Bylaw is liable on summary
conviction for a fine not exceeding $10,000 plus court costs, and in default of the
payment of a fine imposed, a period of imprisonment not exceeding six (6)
months.
Fire Services Bylaw C14-16
Page 11
11.10 The specified penalty for a breach of this Bylaw shall be $250, unless otherwise specified
in Schedule "A".
11.11 Penalties noted in the Fees and Charges Bylaw shall apply where a person has been
penalized for the same offence within a 12 month period.
11.12 The levying and payment of a fine or imprisonment for any period provided in this
Bylaw shall not relieve a person from paying any other fines, penalties, fees, charges,
or costs for which that person is liable pursuant to this Bylaw.
Remedying Contraventions:
11.13 The Fire Chief is authorized to take any necessary steps to ensure enforcement of
this Bylaw, or as authorized by the MGA.
11.14 Without limiting the generality of section 11.13, the Fire Chief is authorized to:
a) issue an order relating to fire services, requiring a person responsible for a
contravention of this Bylaw to remedy that contravention;
b) enter on any land or structure to inspect the land or structure, to remedy any
contravention of this Bylaw, or to enforce any term of this Bylaw;
c) carry out any work necessary to enforce any term of this Bylaw at the
expense of the person responsible for the contravention of this Bylaw.
12. Severability:
12.1
Each provision of this Bylaw is independent of all other provisions. If any provision of
this Bylaw is declared invalid for any reason by a court of competent jurisdiction, all
other provisions of this Bylaw shall remain valid and enforceable.
13. Interpretation:
13.1
Wherever the provisions of this Bylaw are, or are deemed to be at variance with
each other, the more restrictive of the two provisions shall apply.
13.2
Whenever the singular and masculine gender is used in this Bylaw, the same shall
include the plural, feminine and masculine gender whenever the context so requires.
13.3
Any reference in this Bylaw to any federal or provincial statute shall mean that
statute, as amended or replaced from time to time and any amendments thereto,
and shall include any regulations enacted pursuant to that statute.
13.4
Nothing in this Bylaw relieves any person from compliance with any other bylaw
or applicable municipal, provincial, or federal legislation.
14. Repeal:
14.1
Upon third reading of Fire Services Bylaw C14-16, Fire Services Bylaw C5-00 and any
amendments thereto, are hereby repealed.
Fire Services Bylaw C14-16
Page 12
15. Effective Date:
15.1
This Bylaw becomes effective upon third and final reading.
READ a first time this
13th
day of September
2016.
READ a second time this
13th
day of September
2016.
READ a third time and passed this
13th
day of September
2016.
_________________________________
Mayor
_________________________________
Director, Legislative Services
Date Signed: September 14, 2016
Fire Services Bylaw C14-16
Page 13
Schedule "A"
Specified Offences
Section
Offence
Penalty
4.1
Setting, causing, or allowing a prohibited fire to be set without a
permit
$150.00
4.2
Burning or allowing prohibited debris to be burned
$1,000.00
4.3
Entering off-limit areas without authorization
$500.00
4.4
Burning any substance or material, other than burnable debris,
without a fire permit
$250.00
4.5
Damaging or destroying of equipment
$1,000.00
4.6
Driving a vehicle over any equipment at an incident without
authorization
$500.00
4.7
Obstructing or interfering with a fire fighter while carrying out
their duties
$1,000.00
4.8
Falsely representing oneself as a City fire fighter
$500,00
4.9
Intentionally causing or allowing a false alarm to occur
$250.00
4.10
Using a non-conforming fire pit or fireplace
$250.00
5.3
Failure to take precautions while burning
$500.00
6.1
Failure to report a fire
$500.00
6.2
Failure to report a dangerous goods release
$500.00
6.3
Failure to extinguish or report a fire
$500.00
7.3
Providing false or misleading information in a fire permit
application
$500.00
8.3
Setting or allowing a fire to be set during a fire ban
$150.00