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MOUNTAIN VIEW COUNTY
BYLAW NO. 05/26
Fire Bylaw
Bylaw No. 05/26
Fire Bylaw
Page 1
Mountain View County
Province of Alberta
Bylaw No. 05/26
A BYLAW OF MOUNTAIN VIEW COUNTY IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF
ESTABLISHNG A FIRE BYLAW WITHIN MOUNTAIN VIEW COUNTY
Whereas the Municipal Government Act provides that a Council of a Municipality may pass bylaws for
municipal purposes respecting the safety, health and welfare of people and the protection of people
and property; and
Whereas the Forest and Prairie Protection Act provides certain discretionary and mandatory powers to
enable a municipality to carry out and enforce the provisions of the Forest and Prairie Protection Act
within its boundaries as applicable; and
Whereas Mountain View County has been accredited by the Safety Codes Council in the Fire Discipline;
and
Whereas the Council of Mountain View County wishes to establish fire protection services within
Mountain View County and to provide for efficient operation of such fire protection services; and
Whereas the Council of Mountain View County recognizes that it is not possible to provide the same
level of fire protection services to all areas and persons within the County given limited resources,
competing demands for resources, and the geographic size of the County; and
Whereas Mountain View County has the authority to regulate fireworks within its jurisdiction, except
that part of the County that is within a forest protection area, under the Municipal Government Act and
the Alberta Fire Code.
Now, Therefore, the Council of Mountain View County, Duly Assembled, Enacts as Follows:
SECTION 1 - SHORT TITLE AND PURPOSE
1.01
This bylaw may be cited as the "Fire Bylaw".
SECTION 2 - DEFINITIONS
In this Bylaw, unless the context otherwise requires:
2.01
"Acceptable Burning Barrel" means an outdoor receptacle not used for Recreational or
Outdoor Fires that meets the following specifications and shall include incinerators that are
not of an industrial nature which are required to be licensed under the Alberta Environmental
Protection and Enhancement Act regulations:
a.
A minimum of 3 metres clearance measured from the nearest edge to a building,
property line or Combustible Materials;
b.
The barrel opening does not exceed 1 metre in width or in diameter when measured
between the widest points or outer edges.
c.
Equipped with a mesh screen with openings no larger than 12.5 millimetres secured
in place with latches or weights that is constructed of expanded metal (or equivalent
material) and is used to cover the burn barrel opening in a manner sufficient to contain
and reduce the hazards of airborne sparks;
d.
Constructed of non-Combustible Materials ; and
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e.
Not located over underground utility services or under aboveground wires.
2.02
"Acceptable Fire Pit" means an outdoor receptacle not used for Recreational or Outdoor Fires
that meets the following specifications:
a.
A minimum of 3 metres clearance, measured from the nearest fire pit edge to the
nearest edge of building, property line, or Combustible Materials;
b.
A height not exceeding 0.6 metres when measured from the surrounding grade to the
top of the pit opening;
c.
The pit opening does not exceed 1 metre in width or in diameter when measured
between the widest points or outer edges.
d.
Equipped with a mesh screen with openings no larger than 12.5 millimetres secured
in place with latches or weights that is constructed of expanded metal (or equivalent
material) and is used to cover the fire pit opening in a manner sufficient to contain and
reduce the hazards of airborne sparks;
e.
Enclosed sides made from bricks, concrete blocks, heavy gauge metal, or other non-
Combustible Materials; and
f.
Not located over any underground utilities or under any aboveground wires.
2.03
"Acceptable Fireplace" means an outdoor receptacle that meets the following specifications:
a.
A minimum of 1 metre clearance measured form the nearest fireplace edge to the
nearest edge of buildings, property line, or Combustible Materials;
b.
Constructed of materials such as bricks or rocks that are non-Combustible Materials;
c.
Equipped with a chimney that is not less than 2.5 metres in height when measured
from the base of the fire burning area;
d.
A chimney equipped with a regulation screen designed to contain and reduce the
hazards of airborne sparks;
e.
The base of the fire burning area is not less than 0.3 metres above the surrounding
grade; and
f.
The fire chamber does not exceed 1.25 metres in width, and is at least 0.4 metres but
not more than 0.6 metres in depth.
2.05
"Barbeque" means any appliance sold or constructed for the purpose of cooking food out
doors, and may be fueled by any source which includes smokers and other portable
appliances.
2.06
"Burnable Debris" means those materials permitted to be burned in accordance with the
Alberta Environmental Protection and Enhancement Act, which include, but are not limited to:
a.
Straw and stubble;
b.
Grass and weeds;
c.
Leaves and tree pruning;
d.
Brush and fallen trees on newly cleared land or associated logging operations;
e.
Used power, telegraph and telephone poles, which do not contain wood preservatives;
f.
Wood material from the construction or demolition of buildings, which does not contain
wood preservatives;
g.
Solid waste from sawmills or planning mills with an annual production of less than
6500 cubic metres of lumber;
2.07
"Burning Hazard" means an actual or potential occurrence of fire or other combustion of
organic or inorganic material that could endanger human life or property.
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2.08
"Bylaw Tag" means a ticket or similar document issued by the County pursuant to the
Municipal Government Act.
2.09
"Combustible Material" means a material that is capable of igniting, burning, supporting
combustion or releasing flammable vapors when subjected to fire or heart.
2.10
"Consumer Fireworks" means Fireworks that are low-hazard and designed for recreational use.
These fireworks are classified F.1 by Section 36(2)(f) of the Explosives Regulations 2013.
2.11
"Council" means the Council of Mountain View County.
2.12
"County" or "Mountain View County" means the Municipality of Mountain View County in the
Province of Alberta.
2.13
"Chief Administrative Officer " or "CAO" means that person appointed to the position and title
by the Municipal Council of Mountain View County and includes any person appointed by the
CAO to act as their appointee.
2.14
"Dangerous Goods" means any product, substance or organism specified in the regulations or
included by its nature in any of the classes listed in the regulations under the Dangerous Goods
Transportation and Handling Act.
2.15
"Display Fireworks" means Fireworks that are high-hazard and designed for professional use.
These fireworks are classified F.2 by Section 36(2)(f) of the Explosives Regulations 2013.
2.16
"District Fire Chief" means the Fire Chief of any of the Local Fire Services within Mountain View
County's boundaries, including urban municipalities, howsoever appointed or their designate.
2.17
"False Alarm" means any fire alarm that is set off needlessly, through willful, accidental,
human or mechanical error to which Fire Services responds.
2.18
"Fire" means any Combustible Material in a state of combustion, and includes hot ashes and
smoldering embers.
2.19
"Fire Ban" means any order from the Province or from the CAO in accordance with Section 14
of this Bylaw which prohibits Fires in all or any part of the County.
2.20
"Fire Guardian" means a person named, appointed or deemed a Fire Guardian pursuant to the
Forest and Prairie Protection Act
2.21
"Fire Hazard" means Combustible Material that, through its nature, location, condition or
arrangement, or any combination of those factors, may ignite or be ignited and that, if it ignites
or is ignited, could create a Burning Hazard.
2.22
"Fire Permit" means a permit issued by an individual authorized by the County to do so
pursuant to this Bylaw, authorizing a setting of a specific type of fire, and includes a fire permit
issued by a Fire Guardian pursuant to the Forest and Prairie Protection Act
2.23
"Fire Restriction" means any order from the Province or from the CAO in accordance with
Section 13 of this Bylaw which restricts Fires in all or any part of the County.
2.24
"Fire Services" means Mountain View County Fire Services, being a County department
established pursuant to the laws of Alberta and the provisions of this Bylaw providing fire
protection services to the County and includes all persons appointed or recruited to the various
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positions prescribed herein including volunteers, all equipment, apparatus, materials and
supplies used in the provision of fire protection services and any and all Local Fire Services.
2.25
"Fireworks Permit" means a permit issued by an individual authorized by the County to do so
pursuant to this Bylaw in the form adopted by the County from time to time, authorizing the
possession, handling, discharging, firing or setting off of Consumer Fireworks or Display
Fireworks.
2.26
"Fireworks Sale and Storage Permit" means a document issued by the Chief Administrative
Officer pursuant to this Bylaw, in the form adopted by the County from time to time, authorizing
the sale or storage for the purpose of sale of Consumer Fireworks.
2.27
"Forest Officer" means a forest officer under the Forests Act;
2.28
"Incident" means a Fire, or a situation where a Fire or an explosion is imminent, or any other
situation presenting a danger or possible danger to life or property and to which Fire Services
may respond.
2.29
"Local Fire Services" means fire protection services provided to the County by a municipality
within the boundaries of Mountain View County, including all persons appointed or recruited
to the various positions prescribed herein including volunteers and all equipment, apparatus,
materials and supplies used in the provision of fire protection services.
2.30
"Member" means any person who is a duly appointed Member of Fire Services whether that
Member is full time, part time, paid or a volunteer.
2.31
"Member in Charge" means the Member delegated the power to manage and direct all
apparatus, equipment and manpower at an Incident by the District Fire Chief.
2.32
"Mountain View County Fire District" means designated response areas for local Fire Services
within Mountain View County as determined by Mountain View County.
2.33
"Outdoor Fire" means any Fire that has the primary purpose of incineration of material and
which is not defined as a Recreational Fire, or contained within an Acceptable Fire Pit, or
Acceptable Burning Barrel. Outdoor Fires may include without limiting the generality of the
foregoing, grass fires, forest and brush fires, Running Fires, structure fires, building fires,
stubble/straw fires, wood scrap fires, ground thawing fires and chattel fires.
2.34
"Peace Officer". means a Community Peace Officer as appointed under the authority of the
Alberta Peace Officer Act, a Bylaw Enforcement Officer appointed by the County pursuant
to the Municipal Government Act and any person employed by or authorized as such by
Mountain View County, or the Sheriffs Branch, or a member of the Royal Canadian Mounted
Police.
2.35
"Person" means an individual, firm, partnership, joint venture, proprietorship, corporation,
association, society and any other legal entity.
2.36
"Prohibited Debris" means any material that, when burned, will result in the release into the
atmosphere of dense smoke or toxic air contaminants as defined in the Alberta Environment
and Protection Enhancement Act and shall include, but are not limited to, the following:
a.
Animal manure;
b.
Chemicals and chemical containers;
c.
Combustible Material in automobiles;
d.
Non-wooden material;
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e.
Paints and painting materials;
f.
Pathological waste;
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.
Solid waste from sawmills or planning mills with an annual production in excess of
6500 cubic metres of lumber;
i.
Tires;
j.
Toxic substances;
k.
Used oil; or
l.
Wood or wood products containing substances for the purposes of preserving wood.
2.37
"Quality Management Plan (QMP)" means the Fire quality management plan approved by
County Council for providing Fire Protection Services within the County.
2.38
"Recreational Fire" means a Fire lit and maintained for the primary purpose of cooking, warmth
or social interaction, otherwise known as a campfire or bonfire and not contained in an
Acceptable Fire Pit or Acceptable Burning Barrel.
2.39
"Running Fire" means a Fire burning without being under the control of any Person.
2.40
"Safety Codes Officer" means an individual who is accredited in the Fire discipline and has
designation of powers in Mountain View County.
SECTION 3 - SERVICES PROVIDED
3.01
The service may be provided by Mountain View County Fire Services for the purposes of:
a.
Preventing and extinguishing Fires;
b.
Investigating the cause of Fires in accordance with the Fire Quality Management Plan
approved by the Safety Codes Council;
c.
Preserving life and property and protecting persons and property from injury or
destruction by Fire;
d.
Providing rescue services;
e.
Preventing, combating and controlling Incidents;
f.
Carrying out preventative patrols, pre Fire planning and Fire inspections in accordance
with the Fire Quality Management Plan approved by the Safety Codes Council;
g.
Entering into agreements with other Municipalities or persons for the joint use, control
and management of Fire extinguishing apparatus and equipment;
h.
Purchasing and operating apparatus and equipment for extinguishing Fires or
preserving life and property, in accordance with approved budgets; and
i.
Enforcing the provisions of the Safety Codes Act and its regulations.
j.
Promote fire safety and education.
SECTION 4 - DELEGATION OF AUTHORITY
4.01
Council herby delegates the following powers and authorities:
a.
A District Fire Chief or any Member acting in their position is authorized to cause a
building, structure or thing to be pulled down, demolished or otherwise removed if they
deem it necessary to prevent the spread of Fire to other buildings, structures or things
when responding to an Incident;
b.
A District Fire Chief or any Member acting in their position is authorized to direct a
Member to enter on any land or premises, including adjacent land or premises, to
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combat, control or deal with an Incident in whatever manner Fire Services, a District
Fire Chief, or any other Member in charge at an Incident deems necessary; and
c.
For the purpose of fire control, Fire Services or any Member may enforce a partial or
total Fire Ban.
4.02
A District Fire Chief or any Member acting in their position who is a qualified Safety Codes
Officer with Designation of Powers within the County, is hereby authorized to perform those
duties and responsibilities outlined in the Quality Management Plan under the supervision of
the CAO who is responsible for that Plan.
4.03
Each District Fire Chief shall establish Standard Operational Guidelines for the provision of
Fire Protection and Emergency Response Services for their respective Fire Service which are
consistent with this Bylaw and other applicable policies or direction of the County.
4.04
Each District Fire Chief shall maintain and submit to the County on an annual basis, or on a
routine basis as outlined through Agreement between the parties:
a.
a record of all Fires and emergency responses attended by the Local Fire Service in a
form prescribed by the County;
b.
a record of all fire inspections carried out and actions taken on account of fire
inspections according to the Quality Management Plan; and
c.
any other records incidental to the operation of the department as required through
Agreement between the parties.
4.05
A District Fire Chief may obtain assistance from other officials of the County as they deems
necessary in order to discharge their duties and responsibilities under this Bylaw and other
applicable policies of the County.
4.07
A District Fire Chief shall manage and administer the affairs of their respective Local Fire
Services pursuant to this Bylaw and other applicable policies and agreements of the County.
SECTION 5 - FIRE GUARDIANS
5.01
Annually at the Organizational Meeting, Council shall appoint a sufficient number of Fire
Guardians, for a term not exceeding one year, with effect from the beginning of the fire season,
in accordance with the provisions of the Forest and Prairie Protection Act to enforce the
provisions of the Forest and Prairie Protection Act and this Bylaw within the boundaries of the
County, except that part of the County that is within a forest protection area.
5.02
The Reeve, Councillors and the CAO by virtue of their office are Fire Guardians for the County,
except that part of the County that is within a forest protection area.
5.03
Unless otherwise limited by this Bylaw, each Fire Guardian shall have the authority to:
a.
Enforce the provisions of the Forest and Prairie Protection Act and this Bylaw on any
land within the County;
b.
Require any able-bodied adult person, who is not exempted by the regulations of the
Forest and Prairie Protection Act, to assist in fighting a Fire;
c.
Commandeer and authorize payment for the possession or use of any equipment for
the purposes of fighting a Fire;
d.
At any reasonable time, without a warrant, enter on any land and premises, except a
private dwelling house, for the purpose of discharging their duties under this Bylaw or
the Forest and Prairie Protection Act;
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e.
Prevent interference with the efforts of persons engaged in extinguishing a Fire or
preventing the spread thereof by regulating the conduct of the public at or in the vicinity
of the Fire.
SECTION 6 - CONTROL OF FIRE OR BURNING HAZARDS
6.01
If Fire Services finds, within the County boundaries, on privately owned land or occupied public
land, conditions that in the opinion of Fire Services constitute a Fire Hazard or a Burning
Hazard, it may request a Safety Codes Officer issue an order to the owner, occupier or person
in control of the land on which the Fire Hazard or Burning Hazard exists to reduce or remove
the Fire Hazard or Burning Hazard as the case may be within a fixed period of time.
6.02
In the event an order made pursuant to Section 6.01 has not been complied with, Fire Services
may enter onto the land with any equipment and persons it considers necessary and perform
the work required to reduce or remove the Fire Hazard or Burning Hazard.
6.03
Where work is performed pursuant to Section 6.02:
a.
The owner, occupier or person in control of the land shall, upon written request of the
County, reimburse the County for the costs and expenses associated with the work
performed;
b.
The County may recover such unpaid costs and expenses as a debt due and owing to
the County; and
c.
Where such unpaid costs and expenses are not paid, such unpaid costs and expenses
may be charged against the land as a lien in respect of that land and improvements.
SECTION 7 - REPORTING OF FIRES/DANGEROUS GOOD SPILLS
7.01
The owner, occupier or person in control of any land or property damaged by fire, or their
authorized agent, shall immediately report to Local Fire Services the particulars of the Fire in
a manner and detail satisfactory to the District Fire Chief.
7.02
The owner, occupier or person in control of any land or property containing Dangerous Goods
which sustains an accidental or unplanned release of the Dangerous Goods shall immediately
report the particulars of the release to the District Fire Chief in a manner satisfactory to the
District Fire Chief.
SECTION 8 - FIRE PERMIT REQUIREMENTS
8.01
Within the boundaries of the County, with the exception of those areas designated within the
Forest and Prairie Protection area, Fire Permits shall be required for the full calendar year
unless specifically exempted by this Bylaw.
8.02
Notwithstanding Section 8.01, a Fire Permit shall not be required under this Bylaw for:
a.
The cooking of food using a Barbeque; or
b.
Fires in an Acceptable Fire Pit or Acceptable Fireplace, provided:
i.
Only clean fuel is used such as natural gas, dry wood or charcoal in amounts,
which will be contained within the fire pit or fireplace below the mesh screen;
ii.
The Acceptable Fire Pit or Acceptable Fireplace is not used to burn Prohibited
Debris;
iii.
A means, acceptable to Fire Services, of controlling or extinguishing the Fire is
available on the property and within reasonable distance from where the fire
occurs.
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iv.
The fire is kept upder control and supervised at all times by a responsible adult
person until such time that the fire has been completely extinguished; and
v.
The flame height does not exceed one meter above the structure or container.
c.
Burning only Burnable Debris in an Acceptable Burning Barrel;
d.
Any Fire set by Fire Services for the purposes of training;
e.
Any Fire for which a District Fire Chief determines in their absolute discretion does not
require a Fire Permit.
f.
Fires that are fueled by compressed gas (i.e. propane torches, oxygen/acetylene
torches, propane or natural gas fires/firetables)
g.
Recreational Fires
8.03
No person shall set, permit or maintain any Fire at any time of the year such that the smoke
emitted from the fire impairs visibility on a highway or which, in the sole discretion of Fire
Services, becomes a nuisance or safety concern on any highway or property. The person who
set, permitted or maintained such an Fire shall extinguish the fire immediately upon the order
of Fire Services.
8.04
No unauthorized Fires or Fireworks are allowed on County owned property, roadways or in
areas designated as Municipal or Environmental Reserve.
8.05
For any permits issued for Outdoor Fires, all persons shall keep the fire under control at all
times, have a responsible person available onsite capable of fire control/extinguishment and
have an appropriate means of fire control/extinguishment on site at all times, which when a
Fire Permit has been approved for an Outdoor Fire on agricultural lands, shall include farming
implements capable of producing a fire break on site.
SECTION 9 - FIRE PERMIT APPLICATION PROCESS
9.01
An application for a Fire Permit may be made in person, electronically, or via telephone. Each
permit application shall contain the following information:
a.
The name, address and telephone number, if applicable, of the applicant. The phone
number provided shall be a cell phone of an individual available on site of the burn or
a phone number that will be monitored during the time of the burn to answer any
inquiries that may arise;
b.
The reason a Fire Permit is required;
c.
The legal description of the land upon which the fire will be set and the exact location
of the fire on those lands, including the municipal address where applicable;
d.
Whether the applicant is the owner of the property;
e.
A description of the Combustible Material the applicant proposes to burn;
f.
The size of the Outdoor Fire area or estimated volume where applicable;
g.
The precautions proposed to be taken by the applicant to ensure that the proposed
fire will remain under the control of the applicant;
h.
Acceptance of the terms and conditions of liability.
9.02
Upon submitting an application for a Fire Permit, unless otherwise determined by the CAO , the
permit shall be issued as long as the applicant has submitted all applicable information, fire
permits are eligilble to be issued at time of submission and that the CAO has not determined
another reason to deem the permit ineligible.
9.03
The CAO, in their sole discretion, may terminate or suspend a Fire Permit at any time. Upon
receiving notice of the suspension or cancellation of a Fire Permit, the Person the Fire Permit
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was issued to shall immediately take action to extinguish any Fire authorized pursuant to the
Fire Permit.
9.04
A Fire Permit, when issued, will be at no cost to the applicant.
9.05
A Fire Permit shall not be transferable.
9.06
A Fire Permit issued pursuant to this Bylaw is valid for a maximum of 30 days. If a Fire
authorized pursuant to a Fire Permit continues to burn after the period of time for which the
Fire Permit is valid, the Person the Fire Permit was issued to shall immediately take action to
extinguish the Fire. In the event that the permit expires prior to the Person completing their
planned burning activities, a subsequent Fire Permit shall be applied for.
SECTION 10 - FIREWORKS AND EXPLOSIVES
10.01 No person shall possess, handle, discharge, fire or set off Consumer Fireworks or Display
Fireworks in the County without first obtaining a Fireworks Permit from the County.
10.02 The CAO may impose such conditions and restrictions on the Fireworks Permit as they deem
appropriate, in their absolute discretion, which conditions and restrictions may include, but are
not limited to:
a.
Time of the day;
b.
Days of the week;
c.
Duration of display;
d.
Geographic location;
e.
Requirements for notification of affected residents;
f.
On-site fire suppression materials and resources; and
g.
Safety precautions to mitigate danger or nuisance to any person or property.
10.03 Pending proper application, a Consumer Fireworks Permit shall be issued as long as fireworks
permits are eligible to be issued at time of submission and that the CAO has not determined
another reason to deem the permit ineligible. Upon receiving an application for a Display
Fireworks Permit, the CAO shall consider the permit application and, after having done so, may,
in their absolute discretion refuse to grant a Fireworks Permit, grant a Fireworks Permit with
or without conditions as deemed appropriate, or determine that a Fireworks Permit is not
required.
10.04 The CAO may in their sole discretion terminate or suspend any previously issued Fireworks
Permit for reasons of:
a.
Non-compliance with:
i.
The Alberta Fire Code;
ii.
The Explosives Act (Canada); or
iii.
The Fireworks Permit.
b.
Changes in environmental conditions; or
c.
Perceived risk to life, limb or property.
10.05 A Fireworks Permit, when issued, shall be at no cost to the applicant.
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10.06 Without the permission of a Forest Officer, no person shall discharge, fire or set off Fireworks
from, on or over:
a.
Public land as defined in the Public Lands Act, or
b.
A forest protection area designated under the Forest and Prairie Protection Act.
10.07 No person shall discharge, fire or set off Fireworks:
a.
In a place or in a manner that creates a danger or constitutes a nuisance to any person
or property.;
b.
On a highway, road allowance, public beach or park.;
c.
In a building or place, unless
i.
The Fireworks are specifically designed and clearly marked by the manufacturer
for such use, and
ii.
The building or place is acceptable to Fire Services,
d.
Within 10 metres of any building, tent, trailer, canvas shelter or motor vehicle;
e.
Within 200 metres of any place where explosives or flammable liquids or combustible
liquids or substances are manufactured or stored;
f.
Within 250 metres of a correctional institution as defined in the Corrections Act, a
facility as defined in the Mental health Act, a nursing home within the meaning of the
Nursing Homes Act, a social care facility as defined in the Social Care Facilities
Licensing Act, a hospital as defined in the Hospitals Act, an educational institution or
a church, unless acceptable to the Fire Services; or
g.
When the wind velocity exceeds 20 km/hour or when, in the opinion of the Fire Services
weather conditions create an undue Fire Hazard;
h.
During a Fire Restriction or Fire Ban;
i.
Within close proximity to either the Olds/Didsbury Airport or the Sundre Airport that
may be hazardous to aviation safety without the previous approval of the County and
appropriate NOTAM placement.
10.08 Fire Services, in its sole discretion, may require a person to cease the discharging, firing or
setting off of Fireworks when considered necessary to do so for reasons of safety. Upon being
directed by Fire Services to cease discharging, firing or setting off Fireworks, the Person the
Fireworks Permit was issued to shall immediately take action to cease discharging, firing or
setting off Fireworks.
10.09 All acquisition, possession, storage, handling, sale, transportation or delivery of explosives or
components of explosives shall be done in accordance with the Explosives Act, R.S.C. 1985,
and any associated Regulations.
SECTION 11 - FIREWORKS - Consumer Fireworks
11.01 In order to obtain a Fireworks Permit for discharging Consumer Fireworks on private land the
applicant must confirm that they have:
a.
Obtained the consent of the owner or occupant of that land and the owner or occupant
of neighbouring land on which debris might reasonably be expected to fall; and
b.
Provided notification to the Local Fire Service.
11.02 No person who is under 18 years of age shall purchase, possess, handle, discharge, fire or set
off Fireworks.
11.03 No person shall discharge, fire or set off Fireworks without a portable extinguisher having a
rating of not less than 2-A in the immediate discharge area.
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11.04 A retailer requires written permission from the County to store, display and sell these products
and shall ensure that:
a.
The manufacturer's instructions on the safe use of fireworks are provided with each
sale;
b.
Notices acceptable to the County are posted at the sales outlet outlining the
instructions referred to in Clause (a);
c.
A record of each sale is kept on the premises where the sale occurs for a period of not
less than two years following the date of the sale, and
d.
A record referred to in Clause (c) shows;
i.
The date of the sale,
ii.
The name, address and phone number of the purchaser,
iii.
A description of the fireworks sold,
iv.
The date and time the fireworks will be discharged, and
v.
The location and a description of the site where the fireworks will be
discharged.
SECTION 12 - FIREWORKS - Display Fireworks
12.01 No person other than an individual who has a valid display supervisor or pyrotechnical card
issued pursuant to the Explosives Act (Canada) shall possess, handle, discharge, fire or set off
Display Fireworks in the County.
12.02 An application for a Display Fireworks Permit shall be made in writing, a minimum of 14
calendar days prior to the proposed Display Fireworks display, by a display supervisor or pyro
technician to the CAO, the application must address all information required by the Explosives
Act (Canada) and the Alberta Fire Code, including, but not limited to:
a.
Date, time and location of the proposed display;
b.
Names, addresses and certification numbers of all display supervisors or pyro
technicians and assistants participating in the display;
c.
The name of the sponsor or purchaser of the display;
d.
A full description of the planned display and a list of all materials to be fired, detonated,
burnt or energized during the display;
e.
The emergency plan for the display;
f.
Verification of liability insurance, in an amount acceptable to the County;
g.
Any other information deemed necessary by the County, or the District Fire Chief.
SECTION 13 - FIRE RESTRICTIONS
13.01 The CAO may, in their absolute discretion, from time to time prohibit the issuance of any new
Fire Permits and suspend all active Fire Permits by issuing a Fire Restriction when, in their
opinion, the prevailing environmental conditions or any other relevant considerations give rise
to an increased risk of fire.
13.02 A Fire Restriction imposed pursuant to this Bylaw shall remain in effect until such time as
contained on the Fire Restriction or until such time that the CAO provides notice that the Fire
Restriction is no longer in effect.
13.03 Notice of a Fire Restriction will be given in accordance with the County's Advertising Bylaw.
13.04 When a Fire Restriction is in place:
(a) No Fire Permits shall be issued;
(b) No Fire Work Permits shall be issued;
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(c) All existing Fire and Firework Permits are suspended;
(d) No person shall ignite a fire unless exempted by this Bylaw under Section 8.02 (a-f);
(e) No person shall discharge Fireworks,
SECTION 14 - FIRE BANS
14.01 The CAO may, in their absolute discretion, from time to time prohibit the issuance of any new
Fire Permits and suspend all active Fire Permits by issuing a Fire Ban when, in their opinion,
the prevailing environmental conditions or any other relevant considerations give rise to an
increased risk of fire.
14.02 A Fire Ban imposed pursuant to this Bylaw shall remain in effect until such time as contained
on the Fire Ban or until such time that the CAO provides notice that the Fire Ban is no longer
in effect.
14.03 Notice of a Fire Ban will be given in accordance with the County's Advertising Bylaw.
14.04 When a Fire Ban is in place:
(a) No Fire Permits shall be issued;
(b) No Fire Work Permits shall be issued;
(c) All existing Fire and Firework Permits are suspended;
(d) No person shall ignite a fire regardless of exemption status except for barbeques, internal
household fire places and AER flaring;
(e) Every person shall immediately extinguish any fire lit once the person knows or ought
reasonably to know of the Fire Ban;
(f) No person shall discharge Fireworks.
SECTION 15 - FIRE SERVICES FEES
15.01 Where Local Fire Services has taken any action whatsoever for the purpose of providing fire
protection services to the County Fire Services, including and not limited to, site inspections
for regulated occupancies; requested site inspections and required fire investigations;
business inspections; file search; report copies; duplicate of photograph; photocopy of
photograph; the applicable fee as set out in Mountain View County Fee Schedule Bylaw shall
be paid to Mountain View County.
15.02 In the event the County directs resources, including Fire Services, to respond to, suppress or
extinguish, control or contain any Fire, hazardous materials or other Incident within the County,
including any such action taken by Fire Services on a False Alarm, with CAO approval the
County may, in respect of any costs and expenses incurred by the County in taking such action,
charge any costs and expenses so incurred to:
a.
The owner or occupant of the land to which the services were provided;
b.
The Person that is in control of the land to which the services were provided;
c.
The Person who ignited, maintained or allowed the Fire, or otherwise caused or created
the need for the services;
d.
The Person to whom any Fire Permit was issued, in the case of a Fire.
15.03 The schedule of fees and charges to be charged by Mountain View County for services
rendered pursuant to this Bylaw shall be as set out in Mountain View County Fee Schedule
Bylaw.
15.04 In respect of the fees or charges described in Mountain View County Fee Schedule Bylaw:
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a.
The County may recover such fees or charges as a debt due and owing to the County;
or
b.
In the case of action taken by Fire Services in respect of land within the County, where
the fees or charges are not paid upon demand by the County, the amount levied and
unpaid shall be charged against the land upon which the fire was started as taxes due
and owing in respect of that land.
SECTION 16 - OFFENCES/RESTRICTIONS
16.01 No Person shall contravene any provision of this Bylaw.
16.02 No Person shall ignite, maintain or allow to be maintained a Fire except when such Fire is
permitted pursuant to this Bylaw or that Person is a holder of a Fire Permit pursuant to this
Bylaw or the Forest and Prairie Protection Act or both, which permits the Fire.
16.03 When a Fire is lit or ignited without the appropriate Fire Permit, except a Fire for which a Fire
Permit is not required pursuant to this Bylaw, the owner or occupier of the land on which the
Fire is lit or the person having control of the land upon which such Fire is lit shall:
a.
Extinguish the Fire immediately; or
b.
Where they are unable to extinguish the Fire immediately, report the Fire to Fire
Services.
16.04 No Person shall contravene or breach any term or condition of a Fireworks Permit.
16.05 No person shall be negligent in their duties to contain a Fire as determined by a District Fire
Chief in their absolute discretion.
16.06 No person shall either directly or indirectly, personally or through an agent, servant or
employee, ignite a Fire and allow it to become a Running Fire on any land, including their own
property, or allow a Running Fire to pass from their property, or property under their control, to
the property of another.
16.07 No person shall:
a.
Light an Outdoor Fire, Recreational Fire, Burning Barrel Fire, Acceptable Fireplace Fire
or Acceptable Fire Pit Fire without first taking sufficient precaution to ensure that the
Fire can be kept under control at all times;
b.
Light an Outdoor Fire, Recreational Fire, Burning Barrel Fire, Acceptable Fireplace Fire
or Acceptable Fire Pit Fire when the weather conditions are conducive to creating a
Running Fire or when Fire Services or another authorized agency has announced a ban
on burning;
c.
Burn Prohibited Debris;
d.
Deposit, discard or leave any burning matter or substance where it might ignite other
material and cause a Fire;
e.
Conduct any activity that involves the use of Fire or that creates potential sources of
Fire ignition, which might reasonably be expected to cause a Running Fire or Outdoor
Fire, unless they exercise reasonable care to prevent such a Fire from occurring;
f.
Provide false, incomplete or misleading information to Fire Services on or with respect
to a Fire Permit application;
g.
Interfere with the efforts of persons authorized in this Bylaw to extinguish Fires or
preserve life or property;
h.
Interfere with the operation of any Fire Services equipment or apparatus required to
extinguish Fires or preserve life or property;
i.
Damage or destroy any Fire Services property;
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j.
Falsely represent themself as a Fire Services Member or wear or display any uniform,
badge, cap, button, insignia or other paraphernalia for the purpose of such false
representation;
k.
Fail to extinguish a fire once a Fire Restriction or Fire Ban has been imposed.
16.08 Nothing in this Bylaw shall be interpreted to authorize any Fire, burning or other act which is in
contravention of the Environmental Protection and Enhancement Act and amendments
thereto, or any regulation made thereunder.
16.09 Nothing in this Bylaw shall be interpreted to authorize any Fire, burning or other act which is in
contravention of the Forest and Prairie Protection Act and amendments thereto, or any
regulation made thereunder.
SECTION 17 - PENALTIES
17.01 Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable on
summary conviction to a fine of not more than Ten Thousand ($10,000) Dollars and not less
than Twenty Five ($25) Dollars and in default of payment is liable to imprisonment for a term
not exceeding six (6) months.
17.02 Where a Peace Officer believes that a person has contravened any provision of this Bylaw, they
may serve upon such person a Violation Ticket in accordance with Part 2 of the Provincial
Offences Procedure Act, R.S.A. 2002 Chapter P-34.
The specified penalty payable in respect of a contravention of a provision of this Bylaw is the
amount shown in Schedule "A" of this Bylaw in respect of that provision.
17.03 Where any person has been convicted under the same section of this Bylaw within a TWENTY-
FOUR (24) month period, the specified penalty payable in respect of the second contravention
shall be double in the amount as shown in accordance with Schedule "A".
Where any person has been convicted under the same section of this Bylaw three or more
times within a TWENTY-FOUR (24) month period, the specified penalty payable in respect of
the third or subsequent contravention shall be quadruple the amount as shown in accordance
with Schedule "A".
17.04 A notice or form commonly called a Bylaw Tag having printed wording approved by the County
Chief Administrative Officer, may be issued by a Peace Officer to any person alleged to have
contravened any provision of this Bylaw or its regulations.
The penalty in lieu of prosecution applicable to any contravention of this Bylaw, to be used
when issuing a Bylaw Tag shall be the same as the specified penalty shown in Schedule "A".
17.05 A person who has been served with a Bylaw Tag in relation to an alleged contravention of this
Bylaw, and who has paid the penalty provided within the time allowed shall not be liable to
prosecution for the subject offence.
17.06 A Bylaw Tag shall be deemed to be sufficiently served:
a.
if served personally on the accused; or
b.
if mailed by regular mail to the address of the owner or person accused.
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SECTION 18 - SEVERABILITY
18.01 Each provision of this Bylaw is independent of all other provision. If any such provision is
declared invalid by a Court of competent jurisdiction all other provision of this Bylaw will remain
valid and enforceable.
SECTION -19 REPEAL OF BYLAW
19.01 Bylaw No. 10/22 is herby repealed.
SECTION 20- EFFECTIVE DATE
20 .01 This Bylaw shall come into effect at such time as it has received third (3rd) reading and has
been signed in accordance with the Municipal Government Act.
Read the first time this 28th day of January 2026.
Read the second time this 11th day of February 2026.
Read the third time this 11th day of February 2026.
Reeve
Chief Administrative Officer
February 16, 2026
Date of Signing
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Schedule A
Mountain View County Specified Penalties
Section
Offence
First Offence
Second Offence
(Double)
Third Offence
(Quadruple)
8.03
No person shall set, permit or maintain any Fire
such that the smoke emitted from the fire impairs
visibility on a highway, or which in the sole
discretion of an Inspection Officer, becomes a
nuisance or safety concern on any highway or to
neighbouring persons or property
$500
$1000
$2000
8.04
Unauthorized fire or fireworks on County owned
property, roadway, or area designated as reserve
property
$500
$1000
$2000
8.05
Fail to keep fire under control or have appropriate
means of fire control/extinguishment on site at all
times
$500
$1000
$2000
8.05
Fail to ensure responsible person is in attendance
at the site of fire to supervise it until extinguished
$500
$1000
$2000
10.07 c
No person shall discharge fire or set off
Fireworks In a building or place.
$500
$1000
$2000
10.07 d
No person shall discharge fire or set off Fireworks
Within 10 metres of any building, tent, trailer,
canvas shelter or motor vehicle
$500
$1000
$2000
10.07 e
No person shall discharge fire or set off Fireworks
Within 200 metres of any place where explosives
or flammable liquids or combustible liquids or
substances are manufactured or stored
$500
$1000
$2000
10.07 f
No person shall discharge fire or set off Fireworks
Within 250 metres of a correctional institution as
defined in the Corrections Act, a facility as defined
in the Mental health Act, a nursing home within the
meaning of the Nursing Homes Act, a social care
facility as defined in the Social Care Facilities
Licensing Act, a hospital as defined in the
Hospitals Act, an educational institution or a
church
$500
$1000
$2000
10.07 g
No person shall discharge fire or set off Fireworks
when the wind velocity exceeds 20 km/hour
$500
$1000
$2000
10.07 h
No person shall discharge fire or set off Fireworks
during a Fire Restriction or Fire Ban
$1000
$2000
$4000
10.07 i
No person shall discharge fire or set off Fireworks
within close proximity to the Olds Didsbury Airport
or Sundre airport that may be hazardous to
aviation safety
$500
$1000
$2000
11.02
No person who is under 18 years of age shall
purchase, possess, handle, discharge, fire or set
off Fireworks.
$500
$1000
$2000
11.03
No person shall discharge, fire or set off Fireworks
without a portable extinguisher having a rating of
not less than 2-A in the immediate discharge area.
$500
$1000
$2000
16.01
No person shall contravene any provision of this
Bylaw
$250
$500
$1000
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16.02
No Person shall ignite, maintain or allow to be
maintained a Fire except when such Fire is
permitted pursuant to this Bylaw or that Person is
a holder of a Fire Permit pursuant to this Bylaw or
the Forest and Prairie Protection Act or both, which
permits the Fire.
$500
$1000
$2000
16.05
No person shall be negligent in their duties to
contain a Fire as determined by a District Fire
Chief in their absolute discretion.
$1000
$2000
$4000
16.07 a
No person shall light an Outdoor Fire, Burning
Barrel Fire, Acceptable Fireplace Fire or Acceptable
Fire Pit Fire without first taking sufficient
precaution to ensure that the Fire can be kept
under control at all times
$500
$1000
$2000
16.07 b
No person shall light an Outdoor fire, Burning
Barrel Fire, Acceptable Fireplace Fire or Acceptable
Fire Pit Fire when the weather conditions are
conducive to creating a Running Fire or when Fire
Services or another authorized agency has
announced a ban on burning
$1000
$2000
$4000
16.07 c
No person shall Burn Prohibited Debris
$500
$1000
$2000
16.07 d
No person shall deposit, discard or leave any
burning matter or substance where it might ignite
other material and cause a Fire
$500
$1000
$2000
16.07 e
No person shall conduct any activity that involves
the use of Fire or that creates potential sources of
Fire ignition, which might reasonably be expected
to cause a Running Fire or Outdoor Fire, unless
they exercise reasonable care to prevent such a
Fire from occurring
$500
$1000
$2000
16.07 f
No person shall provide false, incomplete or
misleading information to Fire Services
$1000
$2000
$4000
16.07 g
No person shall interfere with the efforts of
persons authorized in this Bylaw to extinguish
Fires or preserve life or property
$1000
$2000
$4000
16.07 h
No person shall interfere with the operation of any
Fire Services equipment or apparatus required to
extinguish Fires or preserve life or property
$2000
$4000
$8000
16.07 i
No person shall damage or destroy any Fire
Services property
$2000
$4000
$8000
16.07 j
No person shall falsely represent himself as a Fire
Services Member or wear or display any uniform,
badge, cap, button, insignia or other paraphernalia
for the purpose of such false representation
$1000
$2000
$4000
16.07 k
Fail to extinguish a fire once a Fire Restriction or
Fire Ban has been imposed
$1000
$2000
$4000
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Schedule B