Venting of Solid Fuel Burning Appliances Bylaw 10-09
Okotoks, Alberta
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TOWN
OF OKOTOKS
BYLAW 10-09
BEING
A BYLAW
IN THE
TOWN
OF OKOTOKS
IN THE PROVINCE
OF ALBERTA
TO CONTROL
VENTING
OF SOLID FUEL BURNING
APPLIANCES WITHIN
THE
TOWN
OF OKOTOKS
WHEREAS:
Pursuant
to the provisions of section 7 the Municipal Government
Act,
Statutes of Alberta, RSA 2000, Chapter M-26 and amendments
thereto,
Council
may
pass
a Bylaw for the purposes
of ensuring the safety,
health
and welfare
of people and protection of people and property
within the Town
of Okotoks;
AND WHEREAS:
Council
deems
it necessary to pass
a Bylaw to address
the
manner
in
which
solid
fuel burning appliances are vented
within
the limits of the
Town of Okotoks so the exhaust, fumes
and smoke
do not
cause
a
nuisance
to neighbouring properties;
NOW, THEREFORE, THE MUNICIPAL COUNCIL OF THE TOWN OF OKOTOKS, IN THE
PROVINCE
OF ALBERTA, DULY ASSEMBLED, ENACTS
AS FOLLOWS:
1.
TITLE
This Bylaw may
be cited
as the "Venting of Solid
Fuel Burning Appliances Bylaw".
2.
ENACTMENT
2.1
This Bylaw
is not intended
to derogate
or vary from
the requirements
of the Alberta
Building Code, 2006 (or any applicable future Codes) in the installation
of a Solid-Fuel
Burning Appliance; it is solely
intended
to regulate the direction
in which
the smoke
and exhaust
from
such
an appliance is directed
after
it leaves
the appliance so
as not
to cause
a nuisance
to neighbouring or adjacent properties. The Safety Codes Act,
Statutes
of Alberta
RSA
2000 and the Alberta
Building Code, 2006
and any
successor
regulations
and/or legislation shall regulate the standards
and requirements
of the
installation; this Bylaw only addresses
the direction
of the venting of the exhaust,
fumes
and smoke
so
as to not cause
a nuisance
to neighbouring
properties.
2.2
After the passage
of this bylaw, any owner
of a building or structure
in which
a system
of ventilation
for
a Solid
Fuel Burning Appliance as defined
by the Alberta Building
Code, 2006
is being installed, altered
or replaced
shall
ensure
that the ventilation
system
is installed
in such
a manner
that the exhaust, fumes
and smoke being emitted
from
the appliance
are released
vertically
into the air above
the roof line of the building
or structure containing
the appliance.
2.3
Failure
to comply with Section 2.2 shall
constitute
an offence
under
this Bylaw.
3.
ENFORCEMENT
3.1
No provision of this Bylaw or any action
taken
pursuant
to any provision of this Bylaw
shall restrict, limit, prevent
or preclude the Town
from pursuing
any other remedy
in
relation
to a violation
on
a premises
as provided
by this Bylaw, the Municipal
Government Act, or any other law of the Province
of Alberta.
3.2
The Chief Administrative Officer
and other duly appointed Town
officials
are charged
with the responsibility and authority to enforce and carry
out the provisions of this
Bylaw. Any person
so authorized and/or contracted
by the CAO or the Council
to carry
out any inspection and
remedial
work
on
a premises or property
pursuant to the
provisions of this Bylaw shall have the right to enter upon any such property, other
than
a dwelling house, to carry
out such inspections
or work.
3.3
A Peace Officer, when investigating an alleged contravention of this Bylaw, is hereby
authorized to enter upon
any lands, buildings or premises, other than
a dwelling
house, to inspect
for contravention of the provisions
of this Bylaw. A Peace
Officer
may thereafter issue
a verbal
or written
order
to the
owner
or occupant thereof
to
remedy
any contravention of this Bylaw.
3.4
In the event
that
any person fails
or neglects
or refuses
to remedy the contravention of
this Bylaw, after having been ordered
to remedy such condition, Council
may
cause
such work
to be done
as is considered necessary
to remedy such contravention and
charge the cost of such work to the owner or occupant, and
in default of payment:
a)
Recover
the cost
as
a debt due to the municipality, or
b)
Charge
the cost against the land concerned
as taxes due and owing in respect
of that land and to recover
the cost
as such.
3.5
Where
a premises
or property
is found
to be in non-
compliance with
any provision
of
this Bylaw, the
owner
may
be served
with
a Notice
containing
the following:
a)
The address
and/or physical location where
remedial
action
is required;
b)
The condition
or conditions
that
are not in compliance
with this Bylaw;
C)
The remedial
action
that is required; and
d)
The deadline
for completion of the remedial action required.
3.6
Where
a Notice
is issued
and served
on the owner and the specified remedial
action
is
not taken by the specified deadline, the Town
may take
all reasonable
measures to
remedy
in
a timely
manner
the contravention
specified in the Notice.
3.7
Any Notice
issued
pursuant
to this Bylaw will
be deemed
to have
been sufficiently
served
upon the owner
of a property
or premises:
a)
When
served
personally
upon the owner, or served substitutionally
upon
any
person who
is 18 years of age
or older who resides
in the subject premises, if
the premises
is occupied by the owner;
b)
When
served personally upon
an occupant
of the premises
who is eighteen
18) years
of age
or older, or the manager
or person apparently in charge of
the premises, if the premises is not occupied by the owner;
C)
When posted at a conspicuous location on the property or premises;
d)
When given verbally by a Peace
Officer
to the owner or any occupant
of the
premises who is eighteen (18) years
or older, and where
said
verbal
Notice
includes
all the information
required by section 3.5 of this Bylaw;
e)
When
mailed
by regular or registered mail to the owner of the premises using
the address
provided by the
owner
and on record
with the Town
of Okotoks.
3.8
The
owner
of premises who has been
issued
a Notice
pursuant
to section
3.5 of this
Bylaw shall fully comply
with the Notice
within
the time allowed
for compliance. Failure
to comply
with
a Notice
served
hereunder
shall constitute
an offence
under this Bylaw.
3.9
Notwithstanding the foregoing enforcement
process, at his option, where
a Peace
Officer has reasonable
grounds to believe
that
a person
has contravened section
2.2
of this Bylaw, the Peace
Officer
may
commence
proceedings against such
person
by:
a)
Issuing
the person
a Violation
Ticket pursuant to the provisions of Part
2 of the
Provincial
Offences
Procedure
Act; or
b)
Swearing out
an Information
and Complaint against the person.
3.10
Where
a Peace Officer issues
a person a Violation
Ticket in accordance with section
3.9(
a)
of this Bylaw, the officer may either:
a)
Allow the person to pay the specified penalty as provided for in section
5.1 of
this Bylaw by indicating
such specified penalty on the Violation
Ticket; or
b)
Require a Court appearance of the person
where
the Peace
Officer
believes
that such appearance
is in the public interest, pursuant to the provisions of Part
2 of the Provincial
Offences
Procedure
Act.
4.
GENERAL
PENALTY
PROVISION
4.1
Any person
that violates
any provision of this Bylaw is guilty of an offence
and is liable
upon conviction
to
a maximum
fine of TEN
THOUSAND
DOLLARS ($10,000.
00)
or in
default
of payment
of the fine to imprisonment for
a period
not exceeding
one (1) year,
or to both fine and imprisonment
in such amounts.
5.
MINIMUM
AND SPECIFIED
PENALTIES
5.1
The specified penalty for
a violation
of any provision
of this Bylaw
is a fine
in the
amount of FIVE
HUNDRED
DOLLARS ($500),
and the minimum
fine allowable
for any
such
violation
is THREE
HUNDRED
DOLLARS ($300).
6.
GENERAL
6.1
It is the intention
of the Council of the Town
that each provision of this Bylaw should
be
considered
as being separate
and
severable
from
all
other provisions. Should
any
section
or provision of this Bylaw
be found
to have been improperly enacted, then such
section
or provision shall
be regarded
as being
severable
from
the
rest of this Bylaw
and
that
the
Bylaw
remaining
after
such
severance
shall
remain
effective
and
enforceable.
6.2
It is the intention of the Council of the Town
that all
offences
created pursuant to this
Bylaw be construed and considered
as being Strict Liability Offences.
6.3
Whenever
the singular and
masculine gender is used
in
this Bylaw, the
same
shall
include
the plural, feminine and
neuter gender whenever
the context
so requires.
Read
a first time this 9th day of February, 2009.
Read
a second
time this 9th day of February, 2009.
Read
a third time this 23
Id day of February, 2009.