Fire Services Bylaw No. C-1312 (Office Consolidation) - fireworks provisions — full text

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CITY OF GRANDE PRAIRIE OFFICE CONSOLIDATION BYLAW C-1312 A Bylaw to Establish and Operate Fire Services For the City of Grande Prairie (As Amended by Bylaws C-1312A, C-1312B and C-1489) WHEREAS: A. The Municipal Government Act provides that Council may pass a Bylaw for the safety, health and welfare of people and the protection of people and property; B. The Council of the City of Grande Prairie desires to establish and operate a fire service within the City to provide for efficient operation of emergency and non-emergency services; C. The Council of the City of Grande Prairie desires to offset the cost of providing emergency and non- emergency services; D. The Municipal Government Act provides for a municipality to take whatever actions or measures necessary to eliminate an emergency and the expenses and costs of the actions and measures are an amount owing to the municipality by the person who caused the emergency; E. The Environmental Protection and Enhancement Act provides for the regulation of substance release; F. The Council of the City of Grande Prairie deems it necessary to restrict open air burning within the City; and, G. The Council of the City of Grande Prairie is an accredited municipality under the Safety Codes Act. NOW THEREFORE, THE MUNICIPAL COUNCIL OF THE CITY OF GRANDE PRAIRIE, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "The Fire Services Bylaw". 2. In this Bylaw: 2.1 "Apparatus" means any vehicle with machinery and equipment for incident response, and vehicles used to transport members and supplies; 2.2 "Burn Barrel" means a non-combustible structure or container located on public or private property, used for recreational open burning and constructed pursuant to this Bylaw; 2.3 "Burnable Debris" has the same meaning pursuant to the Substance Release Regulation 124/93, Environmental Protection and Enhancement Act; (a) straw and stubble; (b) grass and weeds; (c) leaves and tree prunings; (d) brush and fallen trees on newly cleared land or associated with logging operations; BYLAW C-1312 PAGE 2 (e) used power, telegraph and telephone poles that do not contain wood preservatives; (f) wooden materials, which do not contain wood preservatives, from the construction or demolition of buildings; (g) solid waste from post and pole operations that does not contain wood preservatives; (h) solid waste from tree harvesting operations; 2.4 "City Manager" means the person appointed as City Manager of the City or designate; 2.5 "City" means the municipal corporation of the City of Grande Prairie or, where the context so requires, the area contained within the boundaries of the City; 2.6 "Consumer Fireworks" means recreational fireworks (Canadian class 7.2.1/F.1) such as small fountains, volcanoes, pinwheels, cakes, preloaded articles, sparklers, and Roman candles. These items are classified as "low hazard" and can be purchased by anyone over 18; 2.7 "Council" means the Council of the City of Grande Prairie; 2.8 "Dangerous Goods" means any product, substance or organism specified in the Dangerous Goods Transportation and Handling Act, and regulations; 2.9 "Display Fireworks" means high hazard recreational fireworks (Canadian Class 7.22) such as aerial shells, mines, and larger Roman candles, designed for use at public gatherings. Only Supervisors in Charge are permitted to fire display fireworks; 2.10 "Equipment" means any tools, devices or materials used by the Fire Department to combat an incident; 2.11 "False Alarm" means: (a) any malfunction in a fire safety installation or other safety monitoring device whereby the alarm activation was not caused by heat, smoke or fire; or (b) a response initiated by equipment or human negligence in circumstances where the caller is aware that no actual danger or possible danger to safety, health and welfare of people, property or the environment existed at the time the call was placed; 2.12 "Fire" means any combustible material in a state of combustion; 2.13 "Fire Ban" means a Provincial Ministerial Order or an order by a member of the Grande Prairie Fire Department. The Fire Chief may, at their discretion, cancel any or all fire permits, prohibit the lighting or requiring the extinguishing of a fire; (Bylaw C-1489 - July 14, 2025) 2.14 "Fire Chief" means the Member as Head of the Fire Department, or designate, and includes the incident Commander; 2.15 "Fire Department" means Grande Prairie Fire Department as established by the City pursuant to the provisions of this Bylaw consisting of, but not limited to, all Members, equipment, and BYLAW C-1312 PAGE 3 apparatus, necessary for the operation, maintenance and administration of the fire services, including fire stations; 2.16 "Fire Hazard" means any condition, circumstance or event wherein the possibility of fire is increased; 2.17 "Fire Investigation" means the process of determining the cause, origin and circumstances of a fire pursuant to the Safety Codes Act; 2.18 "Fire Permit" means a document issued by the Fire Chief pursuant to this Bylaw; 2.19 "Fire Pit" means a non-combustible structure or container located on public or private property, used for recreational purposes and constructed pursuant to this Bylaw; 2.20 "Fire Pit Permit" means a document issued by the Fire Chief pursuant to this Bylaw for recreational open burning; 2.21 "Fire Season" means from March 1 to October 31, annually, unless otherwise directed by the Province of Alberta; 2.22 "Highway" has the same meaning as defined in the Traffic Safety Act; 2.23 "Incident" means any situation to which the City has responded due to the danger or a possible danger to safety, health and welfare of people, property or the environment; 2.24 "Incident" means any situation to which the City has responded due to the danger or a possible danger to safety, health and welfare of people, property or the environment; 2.25 "Member" means any person who is an employee of the Fire Department; 2.26 "Non-profit Organization" has the same meaning pursuant to the Municipal Government Act; 2.27 "Nuisance" means any condition on or around a property that is dangerous to the safety or health of individuals, or which interferes with the use or enjoyment of other property; 2.28 "Occupier" means a person using a property and includes an owner, tenant, agent and any other person who has the right of access to the property; 2.29 "Open Air Burning" means any fire which is not an outdoor incinerator fire, fire pit, public park site fire or a smudge fire, and which, without limiting the generality of the foregoing shall include grass fires, forest and brush fires, running fires, structure fires, building fires, wood scrap fires and ground thawing fires; 2.30 "Operator" means a person providing private alarm monitoring services; 2.31 "Outdoor Fireplace" means a fireplace installed to the standards of the Alberta Building Code, as amended, and that is located on the exterior of a building; BYLAW C-1312 PAGE 4 2.32 "Outdoor Incinerator" means equipment designed predominately for burning solid waste, which must meet the requirements of the Alberta Fire Code; 2.33 "Owner" means: (a) in the case of land, any person who is registered pursuant to the Land Titles Act, as the owner of the land; and (b) in respect of any property other than land, the person in lawful possession of it; 2.34 "Peace Officer" means a sworn member of the Grande Prairie Police Service, a sworn member of the Royal Canadian Mounted Police, a bylaw enforcement officer of the City, or a community peace officer of the City; (Bylaw C-1489 - July 14, 2025) 2.35 "Permit" means a permit issued pursuant to this Bylaw; 2.36 "Person" without limiting the generality of the term, includes a corporation and other legal entities; 2.37 "Portable Cooking Appliance" means any appliance sold or constructed for the purpose of cooking food in the outdoors; 2.38 "Premises" means a store, office, warehouse, factory, building, enclosure, yard or any space occupied or used by a person for the purposes of a business and/or residence; 2.39 "Prohibited Debris" has the same meaning pursuant to the Substance Release Regulation 124/93, Environmental Protection and Enhancement Act; (a) animal manure; (b) pathological waste; (c) non-wooden material; (d) waste material from building or construction sites, excluding wooden materials that do not contain wood preservatives; (e) combustible material in automobile bodies; (f) tires; (g) rubber or plastic, or anything containing or coated with rubber or plastic or similar substances, except rubber or plastic attached to shredded scrap steel; (h) used oil; (i) wood or wood products containing substances for the purpose of preserving wood; 2.40 "Property" means a lot or combination of contiguous lots upon which is constructed a single development; 2.41 "Public Park Site Fire" means a fire for recreational purposes, on land owned or leased by the City or its agents, which is confined to a portable cooking appliance or a non-combustible container supplied by the City, and the fire is set for cooking food, obtaining warmth, or viewing, and which may be fuelled only with dry wood, charcoal, natural gas or propane; BYLAW C-1312 PAGE 5 2.42 "Pyrotechnic Special Effects" means pyrotechnic articles, compositions, and devices created for entertainment purposes using propellant and explosive materials, black powder, smokeless powder, commercial high explosives combined with flammable liquids, gases and solids; 2.43 "Quality Management Plan (QMP)" means the accredited system approved by Council pursuant to the authority of the Safety Codes Act; 2.44 "Recreational Open Burning" means a fire of relatively short duration used for recreational, cultural or theatrical purposes; 2.45 "Running Fire" means a fire not under the proper control of any person; 2.46 "Rural Service Area" means lands within City boundaries that was annexed effective January 1, 2016; 2.47 "Safety Codes Officer" means a Member who is designated as a Safety Codes Officer for the Fire Discipline pursuant to the Safety Codes Act; 2.48 "Security Alarm" means an alarm system intended to detect an unauthorized entry to a premises or to alert people to the commission of an unlawful act, or both; 2.49 "Smudge Fire" means a fire confined within a non-combustible structure or container that is set on land of one (1) hectare/(2.5) acres or greater in area, for the purpose of protecting livestock from insects or for preventing frost in an orchard or garden. (Bylaw C-1312A - October 3, 2016) 3. Council hereby establishes the Fire Department to: (a) prevent, combat and control incidents; (b) report and investigate the cause and origin of fires pursuant to the QMP and the Safety Codes Act; (c) provide rescue services and medical emergency response; (d) carry out preventable patrols, pre-fire planning and fire inspections pursuant to the QMP; and, (e) provide a 911 public service answering point and dispatch service. 4. The Fire Chief: (a) ensures the development of rules, regulations and policies for the ongoing organization and administration of the Fire Department; (b) is responsible for Fire Protection as required pursuant to the Safety Codes Act; (c) is empowered to enter any Property or Premises, including adjacent Property or Premises, to combat or control any incident in whatever manner deemed necessary to limit injury or damage to people, property or the environment; (d) may establish boundaries or limits to keep persons from entering an area where the Fire Department is responding to an incident unless authorized; BYLAW C-1312 PAGE 6 (e) may call upon Peace Officers to enforce restrictions on persons entering within the boundaries or limits outlined in this Section; (f) may obtain assistance from other officials of the City as deemed necessary, in order to discharge duties and responsibilities at an incident; (g) may require persons who are not Members to assist at an incident; (h) is empowered to commandeer privately owned equipment that may be necessary to respond to an incident; and (i) is empowered to activate and utilize any aid agreements the City may have with other municipalities, industry, or agencies. 5. No Person shall: (a) impede any Member or any person engaged in an incident or related duties; (b) obstruct or otherwise interfere with access to an incident, or to a fire hydrant, cistern or body of water designated for firefighting purposes or any connections thereto; or (c) falsely represent themself as a Member, wear or display any Fire Department badge, cap, button, insignia or other paraphernalia for the purpose of false representation. (Bylaw C-1489 - July 14, 2025) 6. When certain conditions exist that constitutes a Fire Hazard, the Fire Department may, pursuant to the Safety Codes Act, order the Owner or Occupier to reduce or remove the Fire Hazard within a specified timeframe. 7. When an order is issued under Section 6 and the Owner or Occupier fails to carry out the order within the time specified, the Fire Department may take whatever action is necessary pursuant to the Safety Codes Act to ensure compliance with the order. 8. An Owner or Occupier shall report to the Fire Department: (a) damage to property caused by fire; or, (b) any accidental or unplanned release of Dangerous Goods. 9. The City may charge fees, in accordance with Bylaw C-1395, Schedule "A" for a Fire Inspection to a Person who made the request. (Bylaw C-1312B - July 1, 2019) 10. The City may charge fees, in accordance with Bylaw C-1395, Schedule "A" for permits issued. (Bylaw C-1312B - July 1, 2019) 11. The City may charge fees, in accordance with Bylaw C-1395, Schedule "A" for Dangerous Goods Response to an Owner, a Person who caused the incident, or a Person who is responsible at law for the clean-up. (Bylaw C-1312B - July 1, 2019) BYLAW C-1312 PAGE 7 12. The City may charge fees, in accordance with Bylaw C-1395, Schedule "A" for False Alarm Response to an Owner, an Operator, or a Person who is responsible at law in respect of the False Alarm Response. (Bylaw C-1312B - July 1, 2019) 13. The City may charge fees, in accordance with Bylaw C-1395, Schedule "A" for Security Alarm Response to an Owner or Operator. (Bylaw C-1312B - July 1, 2019) 14. The City may charge fees, in accordance with Bylaw C-1395, Schedule "A" for Fire Rescue Standby Service required as a condition of a Permit or where the Member has determined that there is sufficient risk to the safety, health and welfare of people, property, or the environment to merit on scene Fire Rescue Services. (Bylaw C-1312B - July 1, 2019) 15. The City may charge fees, in accordance with Bylaw C-1395, Schedule "A" for Administration, to a Person who requests the service. (Bylaw C-1312B - July 1, 2019) 16. In addition to any fees charged under Sections 9 to 15, inclusive, the City may: (a) charge a fee, in accordance with Bylaw C-1395, Schedule "A" for any service provided by a Member or for Apparatus; (b) recover from any Person convicted of arson pursuant to the Criminal Code of Canada, all fees, costs and charges of the response, in accordance with Bylaw C-1395, Schedule "A"; (Bylaw C-1312B - July 1, 2019) (c) recover any amounts owing to a third party who has provided labour, services, equipment or materials from the Person who has caused an incident; and, (d) recover any amounts owing to a third party who has provided labour, services, equipment or materials from an Owner of the Property or Premises where an incident has occurred. 17. An Owner, Occupant, or other Person causing or contributing to a Fire in contravention of the provisions of this Bylaw may be charged fees, in accordance with Bylaw C-1395, Schedule "A" at the discretion of the City, in the event the City provides Fire Rescue. (Bylaw C-1312B - July 1, 2019) 18. The City may add the fees charged under Section 17 to the tax roll of the Property should those fees remain unpaid, pursuant to the Municipal Government Act. 19. A Person may undertake Recreational Open Burning only after first applying for and obtaining a Fire Pit Permit issued by the Fire Department. 20. A Fire Pit Permit issued under Section 19 is valid for up to five (5) years. 21. A Person unable to produce a Permit as required or failing to comply with any conditions of a Permit shall be guilty of an offence for violation of Section 19. BYLAW C-1312 PAGE 8 22. An application in a form approved by the Fire Chief for a Permit required under Section 19 shall be accompanied by the appropriate fee, in accordance with Bylaw C-1395, Schedule "A", and the fee is non-refundable. (Bylaw C-1312B - July 1, 2019) 23. Fire Pit construction standards shall be developed and enforced by the Fire Department. 23.A Burn Barrel construction standards shall be developed and enforced by the Fire Department. (Bylaw C-1312A - October 3, 2016) 23.B Burn Barrels will not be permitted for use in a Multi-Parcel Residential subdivision. (Bylaw C-1312A - October 3, 2016) 24. The Fire Chief may: (a) approve a Permit, with or without conditions as required; or, (b) refuse a Permit; or, (c) suspend or cancel a Permit; and, (d) require an inspection of the parcel for which the application for a Permit is requested. 25. No Permit is required for: (a) cooking food using a portable cooking appliance; (b) burning in municipal or private campgrounds and parks where outdoor fireplaces, fire pits and stoves have been approved by the Fire Department; (c) burning a smudge fire; (d) burning by the Fire Department for the purpose of training or hazard abatement; (e) the installation and operation of an outdoor incinerator; (f) the installation and operation of an outdoor fireplace; (g) any process, industry or facility that is governed or regulated, pursuant to the Environmental Protection and Enhancement Act; or (h) Open Air Burning occurring out of Fire Season in Rural Service Areas. Fire Department Verbal notification is still required prior to ignition of burnable debris. (Bylaw C-1312A - October 3, 2016) 26. Notification of suspension or cancellation of an Open Air Burning Permit may be made by telephone to the Permit holder and shall be confirmed by providing written notice of the suspension or cancellation to the Permit holder. 27. A Person may apply for and receive approval for a Permit for Open Air Burning of Burnable Debris, not closer than 2,500 metres to a residential community, and a coordinated plan outlining all details of the proposed burning (including fire protection, particulate matter dispersal control and burn dates) has been submitted to the Fire Chief and reviewed relative to the other permitted burning in the area. (Bylaw C-1312A - October 3, 2016) BYLAW C-1312 PAGE 9 28. A Person may use Display Fireworks or Pyrotechnic Special Effects pursuant to the provisions of this Bylaw and provided they are certified pursuant to the Explosives Act (Canada). (Bylaw C-1489 - July 14, 2025) 28.A A Person may apply for and receive approval for a Consumer Fireworks permit to purchase and/or display Consumer Fireworks pursuant to the provisions of this Bylaw. Fireworks are allowed to be displayed on private lands one (1) hectare/(2.5) acres or greater in area, and must be 50 meters or greater distance from property line. (Bylaw C1312A - October 3, 2016) 29. A Person shall not: (a) contravene any provision of this Bylaw; (b) burn or permit to be burned any Prohibited Debris; (c) ignite or permit to be ignited a Fire without the written consent of the Owner of the Property; (d) deposit, discard or abandon any burning material where it might ignite other material and cause a Fire; (e) (f) provide false, incomplete or misleading information to the Fire Department on, or with respect to, a Fire Permit application; (g) light a Fire or permit a Fire to be lit when the weather conditions are conducive to create a Fire burning out of control, or without first taking sufficient precautions to ensure that the Fire can be kept under control at all times, not create smoke obscuration in inhabited areas, otherwise create a nuisance to occupied properties, or impede traffic visibility; (h) light a Fire or permit a Fire to be lit on lands owned or controlled by the City, without having first obtained the City's express written consent; 30. The Specified Penalty established for use on a Violation Ticket, if a voluntary payment option is offered, is $250.00. 31. Notwithstanding Section 30, where a Person has been convicted of a contravention of the same provision of this Bylaw: (a) a second time within a twelve (12) month period, the Specified Penalty payable in response to the second conviction is $500.00; and, (b) a third or subsequent time within a twelve (12) month period, the Specified Penalty is $1,500.00. 32. Where a contravention of this Bylaw is of a continuing nature, further Violation Tickets may be issued by a Peace Officer in respect of each day or part of each day on which it continues. 33. Deleted by Bylaw C-1312B - July 1, 2019 34. All references in this Bylaw will be read with such changes in number and gender as may be appropriate according to whether the reference is to a male or female person, or a corporation or partnership. BYLAW C-1312 PAGE 10 35. Should any provision of this Bylaw be illegal or unenforceable for any reason whatsoever, it shall be considered separate and severable from the remaining provisions of this Bylaw, which shall remain in force as though that provision had not been included. 36. Bylaws C-864, C-876 and C-1261 are hereby repealed. 37. This Bylaw shall take effect on the date it is passed. READ a first time this 26th day of January , 2015. READ a second time this 26th day of January , 2015. READ a third time and finally passed this 26th day of January , 2015. "B. Given" (signed) Mayor "K. Anderson" (signed) Corporate Services Director CITY OF GRANDE PRAIRIE BYLAW C-1312 SCHEDULE "A" Deleted by (Bylaw C-1312B - July 1, 2019) CITY OF GRANDE PRAIRIE BYLAW C-1312 SCHEDULE "B" Deleted by (Bylaw C-1312B - July 1, 2019) CITY OF GRANDE PRAIRIE BYLAW C-1312 SCHEDULE "C" Deleted by (Bylaw C-1312B - July 1, 2019) CITY OF GRANDE PRAIRIE BYLAW C-1312 SCHEDULE "D" Deleted by (Bylaw C-1312B - July 1, 2019)