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TOWN OF RAYMOND
BYLAW No. 1041-17
A BYLAW OF THE TOWN OF RAYMOND IN THE PROVINCE OF ALBERTA FOR
ESTABLISHING AND OPERATING THE TOWN'S FIRES SERVICES, PROVIDING FIRE
PROTECTION TO THE TOWN AND THE RECOVERY OF FIRE PROTECTION CHARGES
WHEREAS the Municipal Government Act, R.S.A. 2000 c. M-26, provides that a council of a municipality may
pass bylaws for municipal purposes respecting the following matters:
a) the safety, health and welfare of people, and the protection of people and property;
b) services provided by or on behalf of the municipality; and
c) the enforcement of bylaws;
AND WHEREAS the Municipal Government Act further provides that a municipality may pass bylaws to regulate,
prohibit and impose a system of licenses, permits or approvals and may collect, pursuant to a bylaw, costs and
expenses incurred by the municipality for extinguishing fires;
AND WHEREAS the Alberta Fire Code contemplates that municipalities will regulate or prohibit the use, sale and
storage of fireworks within their jurisdiction;
AND WHEREAS Council for the Town of Raymond wishes to establish a fire service within the Town and
provide for the efficient operation of such a service;
AND WHEREAS Council for the Town of Raymond wishes to provide for the prevention, regulation and control
of the lighting of fires within the Town;
AND WHEREAS Council for the Town of Raymond has determined that the sale, storage, purchase and
discharge of fireworks by persons not in possession of a fireworks display supervisor's card issued
pursuant to the Explosives Act of Canada creates an unacceptable level of risk to life, health, safety and
property;
NOW THEREFORE, the Council of the Town of Raymond, duly assembled, enacts as follows:
TITLE
1.1
This Bylaw may be cited as the "Fire Services Bylaw".
DEFINITIONS
2.1
In this Bylaw:
(a) "Apparatus" means any vehicle provided with machinery, or Equipment for firefighting
operated by or for Fire Services whether that vehicle operates on land, in the air, or on water;
(b) " Burnable Debris" means all combustible waste other than Prohibited Debris and includes, but
is not limited to:
(i)
straw and stubble;
(ii)
grass and weeds;
(iii)
leaves and tree pruning's;
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(iv)
brush and fallen trees on newly cleared land or associated with logging operations;
(v)
used power, telegraph and telephone poles that do not contain wood preservatives;
(vi)
wooden materials, which do not contain wood preservatives, from the construction or
demolition of buildings;
(vii)
solid waste from post and pole operations that does not contain wood preservatives; and,
(viii)
solid waste from tree harvesting operations;
(c) "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 or damage property;
(d)
"CAO" means the Chief Administrative Officer of the Town or his delegate;
(e)
"Council" means the municipal council of the Town of Raymond;
(f)
"Town" means the Town of Raymond;
(g) "Dangerous Goods" means those products or substances which are regulated by the Dangerous
Goods Transportation and Handling Act;
(h)
"Director" means the person employed by the Town as the Director of Protective Services to
manage Fire Services for the Town, or his designate;
(i)
"Equipment" means any tools, devices, materials or supplies used by or for Fire Services to
respond to an Incident;
(j) "False Alarm" means any notification, by whatever means received, to Fire Services respecting
the existence of a condition, circumstance, fire or other event containing an imminent, serious
danger to persons or property, wherein such condition, circumstance, fire or other event does not,
in fact, exist;
(k) "Fire Ban" means an order issued by the Minister responsible for the Forest and Prairie
Protection Act, or an order issued pursuant to this Bylaw, for the purpose of canceling all fire
permits, prohibiting the lighting of, and requiring the extinguishment of all fires within the Town;
(l)
"Fire Chief" means the Town Fire Chief, or his designate;
(m) "Fire Hazard" means combustible material that, through its nature, location, condition
or arrangement, or any combination of those factors, may be ignited and, if ignited, could
create a Burning Hazard;
(n) "Fire Protection Area" - means the following geographic areas within the County of Warner No. 5
where Fire Protection is to be provided. These boundaries are outlined on the map attached
as Schedule "A" forming part of this Bylaw;
(o)
"Fire Protection" means any and all of the services enumerated in Section 3.1 and
includes any other service delivered by or for Fire Services that is authorized by Council;
(p) "Fire Protection Charges" means all costs incurred by or for Fire Services in providing Fire
Protection both within and outside the Town's boundaries, the rates of which are set out
in the attached Schedule "A" forming part of this Bylaw;
(q)
"Fire Season" means the period from April 1 to October 31 in each year or such extended or
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shortened period that the Minister responsible for the Forest and Prairie Protection Act may declare
from time to time;
(r) "Fire Services" means a department established and organized by the Town to
provide Fire Protection and shall include all Members.
(s) "Fire Services Property" means all real and personal property owned or controlled by the
Town and designated for use by Fire Services including but not limited to Apparatus, Equipment
and fire stations;
(t) "Incident" means a fire or a situation where a fire or explosion is imminent or any other
emergency where there is a danger or possible danger to life or property;
(u)
"Member" means any person who is duly appointed as a member of Fire Services and includes a
Fire Chief;
(v)
"Incident Command" means the Fire Chief, or in the absence of the Fire Chief, the highest-
ranking Member who first arrives at the scene of an Incident;
(w) "Peace Officer" means a bylaw enforcement officer appointed by the Town pursuant to the
Municipal Government Act and includes members of the Royal Canadian Mounted Police and, when
authorized, a community peace officer appointed under the Peace Officer Act.
(x)
"Person" means a natural person, an association of natural persons, a partnership or a
corporation.
(y) "Prohibited Debris" means any combustible waste that, when burned, may result in the release
to the atmosphere of dense smoke, offensive odours or toxic substances and includes but is not
limited to:
(i)
animal manure;
(ii)
pathological waste;
(iii)
non-wooden material;
(iv)
waste material from building or construction sites, excluding wooden materials that do not
contain wood preservatives;
(v)
combustible material in automobile bodies;
(vi)
tires;
(vii) rubber or plastic, or anything containing or coated with rubber or plastic or similar
substances, except rubber or plastic attached to shredded scrap steel;
(viii) used oil; and
(ix)
wood or wood products containing substances for the purpose of preserving wood;
(z)
"Recreational Fire" means a fire confined within a non- combustible structure or container,
which is lit for the purpose of cooking, obtaining warmth or viewing for pleasure and is fueled
solely by dry wood, charcoal, natural gas, or propane;
(aa) "Violation Ticket" means a violation ticket issued for an offence committed against any
of the provisions of this Bylaw under Part 2 of the Provincial Offences Procedure Act;
FIRE SERVICES
3.1
Council hereby provides Fire Services in the Town for the purpose of:
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(a) preventing and extinguishing fires;
(b) investigating the cause of fires;
(c) preserving life and property and protecting persons and property from injury or destruction by
fire;
(d) preventing prairie or running fires and enforcing the provisions of the Forest Prairie and Protection
Act;
(e) preventing, combating and controlling Incidents;
(f) carrying out preventable controls;
(g) fulfilling the requirements of any mutual aide agreements with other municipalities;
(h) maintaining and operating Apparatus and Equipment for extinguishing fires and preserving life
and property;
(i) providing medical co-response services within Town;
(j) providing rescue services for motor vehicle collisions, including water or ice rescue;
(k) conducting pre-fire planning and fire inspections;
(l) providing public education and information regarding fire safety; and
(m) training or other Member development in accordance with the policies and guidelines
established by the Town from time to time and all applicable legislation.
3.2 By agreement with the County of Warner No. 5, Fire Protection shall be provided in the County of Warner
No. 5 within the area indicated on the map attached as Schedule "A" forming part of this Bylaw;
AUTHORITY AND RESPONSIBILITY OF FIRE CHIEF
4.1 The Fire Chief shall be appointed by and report to the CAO.
4.2
The Fire Chief shall be responsible to the CAO for the performance of his duties pursuant to this Bylaw
and all applicable policies of the Town.
4.3 The Fire Chief shall manage and administer the affairs of the Fire Department pursuant to this Bylaw,
applicable Town policies, direction of the CAO, and agreements with other municipalities.
4.4
The Fire Chief may prescribe rules, regulations and policies for the ongoing organization and
administration of Fire Services, including but not limited to: the appointment, recruitment, conduct,
discipline, duties, training and responsibilities of members; the efficient operation of Fire Services; the
operating procedures of the department; and may perform such other functions and have such other
powers and responsibilities the CAO may from time to time prescribe.
4.5 The Fire Chief shall be responsible for supervising the Members and the day-to-day operation, maintenance
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and protection of Fire Services Property.
4.6 Subject to the approval of the CAO, the Fire Chief shall establish Standard Operational Guidelines for the
provision of Fire Protection that are consistent with this Bylaw and all applicable policies of the Town.
4.7 The Fire Chief may dismiss Members from the Fire Department, in accordance with applicable Town
guidelines.
4.8 The Fire Chief shall maintain and submit to CAO on a timely basis:
(a)
Records of all business transactions of the Fire Department;
(b)
Records of all Incidents attended by the Fire Department and actions taken;
(c)
Records of all fire inspections carried out and actions taken on account of fire inspections; and
(d)
Any other records incidental to the operation of the Fire Department.
4.9 The Fire Chief may appoint other Members to act as Fire Chief in his absence for a period not to exceed
thirty (30) days, subject to CAO's approval.
AUTHORITY AND RESPONSIBILITY OF MEMBERS
5.1 Members are responsible to the Fire Chief for the performance of their duties pursuant to this Bylaw
and applicable policies of the Town.
AUTHORITY AND RESPONSIBILITY OF INCIDENT COMMAND
6.1 Incident Command at an Incident shall have control, direction and management of all Apparatus,
Equipment and manpower assigned to that Incident and shall continue to act as the Incident Command
until relieved by another Member authorized to do so.
6.2 Incident Command shall take action as deemed necessary for preserving life and property and protecting
persons and property from injury or destruction by fire or other emergency and is authorized to:
(a) enter, pass through or over buildings, structures or property whether adjacent or in proximity to
an Incident and to cause Members or Apparatus to enter or pass through or over the building,
structure or property without permission;
(b) establish boundaries or limits and keep persons from entering the area within the prescribed
boundaries or limits unless authorized to enter by the Member in Charge;
(c) request the RCMP, Peace Officers and Bylaw Enforcement Officers to enforce restrictions on
persons entering within the boundaries or limits outlined in subsection (b);
(d) cause a building, structure or thing to be pulled down, demolished or otherwise removed;
(e) request Town manpower and Equipment which he considers necessary to deal with an Incident;
and
(f)
request any adult person who is not a Member, to assist in:
(i)
extinguishing a fire or preventing the spread thereof;
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(ii)
removing furniture, goods and merchandise from any building or structure on fire or in
danger thereof and in guarding and securing same; and
(iii)
demolishing a building or structure at or near the fire or other Incident.
PERMITTED AND PROHIBITED FIRES
7.1 No person shall light or cause to be lit any outdoor fire or permit any outdoor fire upon land owned
or occupied by him or under his control within the boundaries of the Town unless the fire is a
Recreational Fire or as otherwise provided for under this Bylaw.
7.2 No person shall burn or cause to be burned any Prohibited Debris within the boundaries of the Town.
7.3
Recreational Fires require:
(a) A minimum of 5 meters clearance from property lines, other structures and combustible materials
is maintained;
(b) The fire is kept under control and supervised at all times by a responsible adult person until such
time that the fire has been completely extinguished; and
(c) Flame height does not exceed 90 centimeters above the structure or container.
7.4
This Bylaw does not apply to a fire confined to an incinerator regulated under the Environmental
Protection and Enhancement Act.
FIRE BAN
8.1 The Fire Chief may, from time to time, prohibit all Fires in the Town, when in the opinion of the Fire Chief
the prevailing environmental conditions give rise to an increased risk of a fire running out of control.
Three categories of fire control may be implemented:
i) A Fire Advisory - Fires are allowed, but public warning advising of extreme caution is
issued. This level is a warning and may be upgraded to a Fire Restriction or Fire Ban if
conditions do not improve.
ii) A Fire Restriction - No Fires except for approved gas or propane cooking appliances or
portable propane fire pits or campfires in designated fire sites within approved campgrounds.
iii) A Fire Ban - No Fires, except for approved gas or propane cooking appliances.
8.2 A Fire Advisory, Fire Restriction or Fire Ban imposed pursuant to section 8.1 of this Bylaw shall remain
in force until the date provided in the notice, or, until such time as the Fire Chief provides notice
to the public that the fire control has been either upgraded, or the Fire Ban is no longer in effect.
8.3 Notice of a Fire Advisory, Fire Restriction or Fire Ban shall be provided to the public. Notice may
be in the form of signs posted throughout the municipality, in locations to be determined by the Town,
through a public service message on the local radio stations, or by any other means which the Council
determines is appropriate for informing the public of the Fire Ban.
8.4 When a Fire Ban is in place, no person shall ignite any fire and shall immediately extinguish any fire lit
once the person knows or ought reasonably to know of the Fire Ban.
FIRE PROTECTION CHARGES
9.1 Upon providing Fire Protection on a parcel of land within or outside the Town's boundaries, the Town
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may, in its sole and absolute discretion, charge any or all of the following persons, namely:
(a)
the person or persons causing or contributing to the fire; or
(b)
the owner or occupant of the parcel of land;
Fire Protection Charges, and all persons charged are jointly and severally liable for payment of the Fire
Protection Charges to the Town.
9.2 Fire Protection Charges shall be paid within thirty (30) days of receipt.
9.3 Collection of unpaid Fire Protection Charges may be undertaken by civil action in a court of competent
jurisdiction, and any civil action does not invalidate any lien which the Town is entitled to on the parcel of
land in respect of which the indebtedness in incurred.
9.4 The owner of a parcel of land within the Town to which Fire Protection is provided is liable for Fire
Protection Charges incurred and the Town may add to the tax roll of the parcel of land all unpaid
Fire Protection Charges, which forms a special lien against the parcel of land in favor of the Town from
the date the amount was added to the tax roll, in accordance with section 553 of the Municipal
Government Act.
NOTICE
10.1 Any notice provided for in this Bylaw shall be in writing.
10.2 Service of any notice provided for in this Bylaw may be made as follows:
(a) Personally upon the person to be served; or to any person receiving it on his or her behalf; or
(b) By mailing the copy to the person to be served to the last known post office address of the
person to be served.
(c) Where the Property is not occupied, by mailing the notice by regular mail to the mailing address
noted on the Town tax roll for the Property.
(d)
As directed by the courts.
10.3 Service is presumed to be effected under section 10.2:
(a) seven days from the date of mailing if the document is mailed in Alberta to an address in Alberta; or
(c) subject to fourteen days from the date of mailing if the document is mailed in Canada to an
address in Canada; unless the document is returned to the sender other than by the addressee, or the
document was not received by the addressee, the proof of which lies on the addressee.
INSPECTION AND ENFORCEMENT
11.1 Where a parcel of land does not comply with this Bylaw or a person contravenes this Bylaw, the Town
may pursue its enforcement alternatives in accordance with this Bylaw, any enactment or any common
law right, including issuing an order to remedy contraventions or dangers, remedying contraventions or
dangers by the Town, adding amounts to the tax roll of the owner of the parcel, and pursuing injunctions
pursuant to the Municipal Government Act.
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11.2 The Fire Chief is authorized to carry out inspections of land and structures, issue orders, remedy conditions
and contraventions, and enforce this Bylaw in accordance with the Municipal Government Act.
OFFENCES
12.1 No person shall:
(a)
contravene any provision of this Bylaw;
(b) impede, obstruct or hinder a Member, or any other person assisting or acting under the direction
of a Member from carrying out any function or activity related to the provision of Fire Protection
Services;
(c)
damage or destroy Fire Services Property;
(d)
falsely represent himself as a Member;
(e)
obstruct or otherwise interfere with access by Fire Services or Fire Services Property to:
(i)
the scene of an Incident;
(ii)
a fire hydrant or other body of water designated for firefighting purposes; or
(iii)
to connections to fire mains, stand pipes, or sprinkler systems.
(f) cross any boundaries or limits established by the Fire Services in accordance with this Bylaw,
without the express authorization of the Member in Charge;
(g) cause or permit a Burning Hazard or Fire Hazard to exist on a parcel of land;
(h) deposit, discard or abandon any burning matter or substance so as to create a Burning Hazard;
(i)
light a fire or cause a fire to be lit during a Fire Ban;
(j) provide false, incomplete or misleading information to the Fire Chief, a Member or a Peace Officer
with respect to a fire;
(k)
light a fire other than a Recreational Fire;
(l) light a fire on any land not his own without the written consent of the owner of the land;
(m) permit a fire lit by that person to pass from his own land to the land of another person;
(n) light a fire without first taking sufficient precautions to ensure that the fire can be kept under
control at all times;
(o) conduct any activity that might reasonably be expected to cause a fire unless that person
exercises reasonable care to prevent a fire from occurring;
(p)
conduct any activity that involves the use of a fire, where smoke produced by the fire may
impede the visibility of vehicular and pedestrian traffic on any road or highway;
(q)
light a fire on lands owned or controlled by the Town except with the Town's express written
consent;
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(r)
use a fire to burn Prohibited Debris;
(s)
have more than one false alarm over a twelve-month period;
PENALTIES
13.1 A person who contravenes any provision of this Bylaw, or with any order or request directed to that
person pursuant to this Bylaw is guilty of an offence and is liable, upon summary conviction, to the
specified penalty for the offence set out in Schedule "C".
VIOLATION TICKET
14.1 A RCMP Officer or Peace Officer is hereby authorized and empowered to immediately
issue a Violation Ticket pursuant to the Provincial Offences Procedure Act to any person who the RCMP
Officer or Peace Officer has reasonable and probable grounds to believe has contravened any provision
of this Bylaw.
14.2 If a Violation Ticket is issued in respect of an offence, the Violation Ticket may;
(a)
specify the fine amount established by this Bylaw for the offence; or
(b)
require a person to appear in court without the alternative of making a voluntary payment.
VOLUNTARY PAYMENT
15.1 A person who commits an offence may:
(a)
if the Violation Ticket is issued in respect of the offence; and
(b)
if the Violation Ticket specifies the fine amount established by this Bylaw for the offence;
make a voluntary payment by submitting to a Clerk of the Provincial Court, on or before the initial
appearance date indicated on the Violation Ticket, the specified penalty set out on the Violation Ticket.
15.2 When the Clerk records in the Court records the receipt of a voluntary payment pursuant to
Section 15.1 and the Provincial Offences Procedure Act, the act of recording receipt of that payment
constitutes acceptance of the guilty plea and also constitutes the conviction and the imposition of a fine
in the amount of the specified penalty.
SEVERABILITY
16.1 If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the invalid
portion must be severed and the remainder of the bylaw is deemed valid.
REPEAL
17.1 Bylaw 772-86 as amended is hereby repealed.
17.2 Bylaw 1008-13 as amended is hereby repealed.
17.3 Bylaw 1030-16 as amended is hereby repealed.
EFFECTIVE DATE
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18.1 This Bylaw shall come into force and effect upon third and final reading.
READ a first time in Council this 15th day of August 2017.
READ a second time in Council this 5th day of September 2017
READ a third and final time in Council this 19th day of September 2017
Mayor George Bohne
Chief Administrative Officer Scott Barton
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SCHEDULE "A"- County of Warner No. 5 Fire Protection Area
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SCHEDULE "B" - FIRE PROTECTION CHARGES
1. Four Hundred Dollars ($400.00) per hour per Fire Services Apparatus (excluding ATV's) dispatched to an
Incident for Fire Protection.
2. One Hundred Dollars ($100.00) per hour per ATV dispatched to an Incident.
3. One Hundred & Fifty Dollars ($150.00) per hour for scene security costs.
4. One Hundred & Fifty Dollars ($150.00) per hour for fire investigation and administration fees.
5. Two Hundred Dollars ($200.00) for second and subsequent false alarms to the same site within the same
calendar year.
6. Any other disbursements or expenses incurred by the Town for Fire Protection at an Incident, including
but not limited to services provided by independent contractors or other municipalities under mutual aid or
other agreements.
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SCHEDULE "C" - SPECIFIED PENALTIES
OFFENCE
_____________SPECIFIC PENALTY
Contravention of any provision of this Bylaw
$200.00
Second or subsequent offence within one (1)
Year
$300.00