Fire Rescue Services and Fire Control Bylaw 2020/15
Rocky Mountain House, Alberta
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BYLAW NO. 2020/15
BEING A BYLAW OF THE TOWN OF ROCKY MOUNTAIN HOUSE, IN THE PROVINCE
OF ALBERTA, ENACTED FOR THE PURPOSE OF ESTABLISHING AND OPERATING
FIRE RESCUE SERVICES AND FOR FIRE CONTROL
WHEREAS the Town of Rocky Mountain House desires to establish and operate a fire
service within the Town to provide for efficient operation of emergency and non
emergency services;
WHEREAS the Municipal Government Act, R.S.A. 2000 Chapter M-26, as amended,
provides that a Council may pass a Bylaw for the safety, health and welfare of people and
the protection of people and property;
WHEREAS the Municipal Government Act provides for a municipality to take whatever
actions or measures necessary to eliminate an emergency, with provisions for the
recovery of costs or expenses of the actions and measures amount owing to the
municipality by the person who caused the emergency;
WHEREAS Town of Rocky Mountain House is an accredited municipality under the Safety
Codes Act in the Fire discipline, and as such is empowered for requisite inspections,
investigations and enforcement of the Act;
WHEREAS Town of Rocky Mountain House deems it necessary to be notified of open air
burning within the Town;
WHEREAS the Environmental Protection and Enhancement Act provides for the regulation
of substance release;
WHEREAS the Municipal Government Act provides for a municipality to provide services
in another municipality by an agreement;
WHEREAS the Town of Rocky Mountain House has an agreement with Clearwater County
and the Village of Caroline that establishes the Regional Fire Rescue Service for the
purpose of providing fire and rescue services within the Town.
NOW THEREFORE, upon compliance with the relevant requirements of the Municipal
Government Act, the Council of the Town of Rocky Mountain House, Province of Alberta,
duly assembled, enacts as follows:
1.
TITLE
1.1
This Bylaw may be cited as "Town of Rocky Mountain House Fire Rescue
Services and Fire Control Bylaw".
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2.
DEFINITIONS
2.1
"Agreement" means the Inter-municipal Regional Fire Rescue Agreement
Service Agreement between the Town of Rocky Mountain House, Clearwater
County and the Village of Caroline as amended from time by time.
2.2
"Apparatus" means any vehicle with machinery and equipment for incident
response, and vehicles used to transport members and supplies.
2.3
"Burn Barrel" means a non-combustible structure or container located on
public or private property, used for solid waste or recreational open burning
and construction pursuant to this Bylaw.
2.4
"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 pruning's;
d. brush and fallen trees on newly cleared land or associated with logging
operations;
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;
2.5
"CAO" means the person appointed as Town of Rocky mountain House Chief
Administration Officer or designate.
2.6
"Council" means Town of Rocky Mountain House Council.
2. 7
"Hazardous Materials" means any product, substance or organism
specified in the Dangerous Goods Transportation and Handling Act, and
regulations.
2.8
"Equipment" means any tools, devices or materials used by the Fire
Department to combat an incident.
2.9
"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 nuisance response initiated by equipment or human negligence in
circumstances where the caller is aware that no actual danger or
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possible danger to safety, health and welfare of people, property or
the environment existed at the time the call was placed.
2.10
"Fire" means any combustible material in a state of combustion including hot
ashes or embers.
2.11
"Fire Ban" means a Provincial Ministerial Order or an order by the CAO or
their designate.
2.12
"Fire Chief" means the Member as Head of the Fire Department, or
designate, and includes the Incident Commander.
2.13
"Fire Department" means Clearwater Regional Fire Rescue Services as
established by the Agreement and pursuant to the provisions of this Bylaw
consisting of, but not limited to, all Members, equipment, and apparatus,
necessary for the operation, maintenance and administration of the fire
services, including fire stations.
2.14
"Firefighter" means a Firefighter of the Fire and Rescue service, including
the Fire Chief, whose functions, duties or powers are to· carry out Fire Rescue
services.
2.15
"Fire Hazard" means any condition, circumstance or event wherein the
possibility of fire is increased.
2.16
"Fire Investigation" means the process of determining the cause, origin
and circumstances of a fire pursuant to the Safety Codes Act.
2.17
"Fire Pit" means a structure to contain a fire for recreational purposes.
2.18
"Fire Rescue Services" means fire suppression (structure, brush/grass,
wildland/urban interface, motor vehicle), rescue (motor vehicle collision,
water/ice rescue, backcountry/mountain/technical rescue low angle) and
medical co-response.
2.19
"Fire Season" means from March 1 to October 31, annually, unless
otherwise directed by the Province of Alberta.
2.20
"Highway" has the same meaning as defined in the Traffic Safety Act.
2.21
"Incident" means any situation to which the Town has responded due to the
danger or a possible danger to safety, health and welfare of people, property
or the environment.
2.22
"Incident Commander" means the Firefighter who, according to the Fire
Rescue Services command structure is in command at an Incident.
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2.23
"Managing Partner" means the designated municipality in the Agreement
that manages the Fire Department and is the employer of the Members.
2.24
"Member" shall mean:
a. the Fire Chief and any member of the department in good standing
operating with the Managing Partner;
b. any person who provides Fire Services pursuant to this Bylaw;
c. any person who provides Support Services to the Fire Service at
incidents.
2.25
"Non-profit Organization" has the same meaning pursuant to the
Municipal Government Act.
2.26
"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.
2.27
"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.
2.28
"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.
2.29
"Operator" means a person providing private alarm monitoring services.
2.30
"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.
2.31
"Outdoor Incinerator" means equipment designed predominately for
burning solid waste, which must meet the requirements of the Alberta Fire
Code.
2.32
"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.
2.33
"Peace Officer" means a Member of the Royal Canadian Mounted Police, a
Bylaw Enforcement Officer appointed by the Town, or a Community Peace
Officer.
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2.34
"Person" without limiting the generality of the term, includes an individual,
firm, corporation, partnership, Owner, Occupier, lessee, tenant and other
legal entities.
2.35
"Portable Cooking Appliance" means any appliance sold or constructed for
the purpose of cooking food in the outdoors.
2.36
"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.
2.37
"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.
j. Household Refuse
2.38
"Property" means a lot or combination of contiguous lots upon which is
constructed a single development including any buildings.
2.39
"Quality Management Plan (QMP)" means the accredited system
approved by Council pursuant to the authority of the Safety Codes Act.
2.40
"Running Fire" means a fire not under the proper control of any Person.
2.41
"Safety Codes Officer" means a Member who is designated as a Safety
Codes Officer for the Fire Discipline and holds an appropriate certificate of
competency pursuant to the Safety Codes Act.
2.42
"Security Alarm" means an alarm system intended to detect an
unauthorized entry to a premise or to alert people to the commission of an
unlawful act, or both.
2.43
"Service Level" means the fire and rescue services and the level they are
providing in accordance to the Agreement.
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2.44
"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.
2.45
"Town" means the municipal corporation of the Town of Rocky Mountain
House.
3.
PURPOSE
3.1
Council does hereby establish the Fire Department and outlines the duties as
follows and in accordance to the Service Levels of the Agreement:
a. prevent control, and extinguishing fire incidents;
b. provide a 911 public service answering point and dispatch service;
c. investigating the cause and origin of fires pursuant to the QMP and the
Safety Codes Act;
d. pre-fire planning and fire inspections pursuant to the QMP;
e. preserving life and property and protecting persons and property from
injury or destruction by fire;
f. preventing prairie running fires,
g. responding to Hazardous Material incidents to mitigate the threat;
h. carrying out agreements with other municipalities or persons for the
joint use, control and management of firefighters, fire extinguishing
apparatus, general equipment, and rescue equipment;
i. maintaining and operating apparatus and equipment for extinguishing
fires or preserving life and property;
j.
initiate temporary traffic control on a highway;
k. rescue;
I. medical first response services;
m. fire and disaster planning;
n. preventative controls;
o. public education and information;
p. training or other staff development and advising;
q. to enforce Town fire bylaws, fire policies, and where applicable Alberta
fire legislation;
r. other incidents.
3.2
In the event of any inconsistency between the Service Levels and any
legislation, regulation or policy issued by the Province of Alberta, the
legislation, regulation or policy shall prevail.
4.
CAO RESPONSIBILITIES
4.1
The CAO is empowered at his/her discretion to issue a Fire Ban, to prohibit
the lighting or requiring the extinguishing of a fire within Town of Rocky
Mountain House when the risk has been deemed contraindicative to public
safety.
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S.
FIRE CHIEF AND INCIDENT COMMANDERS RESPONSIBILITIES
5.1
The Fire Chief shall ensure the development of rules and regulations for the
ongoing organization and administration of the Fire Department in
accordance to the Agreement.
5.2
The Fire Chief or Incident Commander is responsible to take whatever
actions or measures necessary to mitigate an Incident and protect Persons
and/or Property.
5.3
The Fire Chief is empowered to delegate to any Member the duties of Fire
Chief.
5.4
The Fire Chief or Incident Commander is empowered to enter any Property or
Premises, including adjacent Property or Premises, to combat or control any
fire or rescue services incident in whatever manner deemed necessary to
limit injury or damage to people, property or the environment.
5.5
The Fire Chief or Incident Commander may establish boundaries or
limits
to keep persons from
entering an area where the Fire Department is
responding to an incident, unless authorized.
5.6
The Fire Chief or Incident Commander may call upon Peace Officers to
enforce restrictions on persons entering within the boundaries or limits
outlined in this Section.
5. 7
The Fire Chief or Incident Commander may obtain assistance from other
officials of the Town as deemed necessary, in order to discharge duties and
responsibilities at an incident.
5.8
The Fire Chief or Incident Commander may request persons who are not
Members to assist at an incident.
5. 9
The Fire Chief or Incident Commander is empowered to activate and utilize
any aid agreements the Town may have with other municipalities, industry,
or agencies.
5.10
The Fire Chief shall make recommendations to the CAO to issue fire
restrictions or Fire Bans.
6.
FIRE INSPECTIONS
6.1
Fire inspections shall be conducted in accordance to the Town's QMP by
written request or written complaint only.
6.2
Written request or complaints for fire inspections are to be submitted to the
Town's Planning and Community Services Department which shall coordinate
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with a Fire Safety Codes Officer that has designation of powers to perform
fire inspections within the Town.
6.3
All copies of fire inspections, orders and all related correspondence are to be
submitted to the Town by the Fire Safety Codes Officer and be placed in the
property land file.
7.
RESPONSIBILITY AND PROHIBITIONS OF A PERSON
7 .1
A Person shall not impede any Member or any person engaged in an incident
or related duty.
7 .2
A Person shall not 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.
7.3
A Person shall not falsely represent himself as a Member, wear or display any
Fire Department badge, cap, button, insignia or other paraphernalia for the
purpose of false representation.
7.4
A Person shall not contravene any provision of this Bylaw.
7.5
A Person shall not burn any Prohibited Debris.
7 .6
A Person shall not ignite a Fire without the written consent of the Owner of
the Property.
7. 7
A Person shall not deposit, discard or abandon any burning material where it
might ignite other material and cause a Fire.
7 .8
A Person shall not provide false, incomplete or misleading information to the
Fire Department on, or with respect to, a Burn Permit under section 10.
7. 9
A Person shall not light a Fire or allow 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 by:
a. ensuring windspeed shall not exceed more than 20KM/HR for the
duration of the burn;
b. ensuring that humidity levels are above 30%;
c. maintaining a water supply on site for fire suppression;
d. having a competent person of at least 18 years of age on site the burn
through the duration.
7 .10
A Person shall not create smoke obscuration in inhabited areas, otherwise
create a nuisance to occupied properties, or impede traffic visibility.
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7.11
A Person shall not light a Fire or allow a Fire to be lit on lands owned or
controlled by the Town, without having first obtained the Town's express
written consent.
8.
OWNER RESPONSIBILITIES
8.1
An Owner shall report any damage to property caused by fire to the Fire
Department.
8.2
An Owner shall immediately report any accidental or unplanned release of
Hazardous Materials to the Fire Department and all other proper regulatory
authorities.
9.
FIRE HAZARDS
9.1
When certain conditions exist that constitutes a Fire Hazard, the Fire
Department may, pursuant to the Safety Codes Act, order the Owner to
reduce or remove the Fire Hazard within a specified time frame.
9.2
When an order is issued under Section 9.1 and the Owner 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.
10.
FIRE PITS & BURN BARRELS
10.1
Fire Pit construction standards shall conform with requirements contained in
Schedule "C".
10.2
A Person shall only burn clean wood in a Fire Pit.
10.3
Burn Barrels are not permitted within the Town.
11.
BURN PERMIT
11.1
A burn permit is required for the burning of Burnable Debris within the Town.
A Person must submit the required application as per Schedule A.
11.2
A Burn permit is not 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 Town. All
portable cooking appliances including Gas-fired grills must meet CSA
Group certification.
c. burning a smudge fire;
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12.
FEES
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 fire pit; and,
g. any process, industry or facility that is governed or regulated,
pursuant to the Environmental Protection and Enhancement Act.
12.1
The Managing Partner may charge fees for Fire and Rescue Services and
related Fire Department services performed within the Town in accordance to
the Town's Fees, Rates and Charges Bylaw and for the purpose of section 7.5
of the Agreement.
13.
PROHIBITIONS
13.1
No Person shall impede, obstruct, abuse or in any way hinder the Fire Chief,
Incident Commander, or any Firefighter at any Incident.
13.2
No Person shall place or leave in place any vehicles, article, thing or matter
in such a manner as to interfere with free access or approach to any fire
hydrant or service connection.
13.3
No Person shall move or drive over any Equipment without permission of the
Fire Chief or Incident Commander.
13.4
No Person shall willfully or maliciously destroy or damage any Equipment at
an Incident belonging to the Fire Department.
13.5
No Person other than an employee of the Town or a Firefighter shall use any
fire hydrant for the purpose of obtaining or discharging water from such
hydrant without first receiving permission from the Town.
13.6
No Person shall obstruct or otherwise interfere with access roads or streets or
other approaches to any fire alarm, fire hydrant, cistern or body of water
designated for the provision of Fire Services or any connections provided to a
fire main, pipe, standpipe, sprinkler system, cistern or other body of water.
13. 7
Any Person who in any way obstructs, prevents, or refuses to admit a Safety
Codes Officer or Firefighter in, to or upon any land, premises, yards or
buildings in the performance of their duties, or who incites or abets such
action shall be considered in breach of this Bylaw. The Safety Codes
Officer(s) for the Town shall have all powers as provided for in the Safety
Codes Act with reference to the Fire Discipline.
13.8
No Person shall falsely represent themselves as a Firefighter of the Fire
Department or wear or display any Fire Department badge, cap, button,
insignia or other paraphernalia for the purpose of false representation.
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13. 9
No Person shall falsely state that he or she has the sanction of the Fire
Department in soliciting any Person.
13.10 Any Person who refuses to provide or furnish any information required under
this bylaw, when requested shall be in breach of this bylaw.
14.
OFFENCE AND PENALTY
14.1
Any Person who contravenes or fails to comply with any provision of this
Bylaw is guilty an offence and is liable to a fine of not less than $250.00, and
not more than $10,000.00 or imprisonment for a term of not more than one
year, or both.
14.2
Notwithstanding the foregoing, the minimum fine payable in respect of a
contravention of this Bylaw shown for any offence referred to in Column 1 of
Schedule "B" to this Bylaw is the immediately adjacent amount shown in
Column 2 of same Schedule.
14.3
When a voluntary payment option is provided, the specified penalty payable
in respect of a contravention of this Bylaw shown for any offence referred to
in Column 1 of Schedule "A" to this Bylaw is the immediately adjacent
amount shown in Column 2 of same Schedule.
14.4
A contravention of this Bylaw constitutes a separate offence in respect of
each day or part of a day on which it continues. A Person guilty of such
offence is liable to a fine in an amount not less than that established by this
bylaw for each such day. No proceedings may be instituted under this Bylaw
more than 6 months after the last occurrence of the alleged offence.
14.5
Notwithstanding the foregoing, the minimum fine and specified penalty
payable in respect of a second or subsequent contravention of the same
section of this Bylaw committed within twenty-four (24) months, the
minimum fine and specified penalty of the previous offence, is indicated in
Column 3 and 4 of Schedule "A", up to a maximum penalty of $10,000.00.
15.
VICARIOUS LIABILITY
15.1
In this Bylaw, employees, employers, principals, and agents, are each
severally liable and each guilty of the offence for any contravention of or any
failure to comply with this Bylaw committed in the course of employment or
in the course of the agent's exercising powers or performing duties on behalf
of their principal. When a corporation contravenes or fails to comply with this
Bylaw, every principal, director, officer, manager, employee or agent of the
corporation who authorized, assented to, acquiesced, or participated in the
act or omission that constitutes the offence is severally liable and guilty of
the offence.
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15.2
In this Bylaw, the legal and beneficial Owner(s) of any land are each
severally liable and each guilty of the offence if the tenant(s), lessee(s), or
occupier(s) of such land contravene or fail to comply with this Bylaw in
relation to such land.
15.3
In this Bylaw, the Owner(s) and/or Occupier(s) of any Property are each
severally liable and each guilty of the offence if either of them contravenes or
fails to comply with this Bylaw in relation to any such Property.
16.
INSPECTING AND REMEDYING CONTRAVENTION
16.1
On behalf of the Town, any Peace Officer, Firefighter, or agent of the Town
may enter upon any parcel of land within the Town and take any actions or
measures deemed necessary by such Person(s) to achieve any of the
following purposes:
a. to carry out any inspections to determine compliance with this Bylaw;
b. to eliminate any danger to public safety caused by a contravention of
this Bylaw;
c. to extinguish fires;
d. to enforce this Bylaw; or
e. to prevent a re-occurrence of any contravention of this Bylaw.
16.2
Except as otherwise provided in this Bylaw, notice shall be provided as
follows:
a. if a Peace Officer, Firefighter, or agent of the Town reasonably believes
that there may be an emergency related to the subject premises, a
Fire located upon the subject premises no notice is required;
b. where only an investigation to determine compliance is conducted,
notice may be effected upon the Occupier(s) of the premises in writing
or verbally not less than 24 hours in advance, and need not be in the
form of an Order to Remedy; and
c. subject to the foregoing, no such action or measures referred to in the
preceding section may be performed until 7 days have elapsed
following the mailing of an order to remedy the danger, condition, or
contravention, as prescribed by the Municipal Government Act, RSA
2000, c M-26, and all amendments thereto (an "Order to Remedy").
d. an Order to Remedy shall be served personally or by registered mail to
the address specified in the Land Titles Certificate for any parcel of
land which will be affected by such action or measures. Such mailing
shall be effective notwithstanding that the registered mail is not
accepted or retrieved.
16.3
All expenses, costs, and legal costs on a solicitor-client basis incurred by the
Town or its agents for any such action or measure performed pursuant to this
Bylaw or the Municipal Government Act, RSA 2000, c M-26, and all
amendments thereto, are amounts owing to the Town by the Person who was
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required to do something by the Order to Remedy, shall be paid within 30
days of any such Person receiving notice of the amount due by registered
mail served and effective in the same manner as the Order to Remedy, and
are amounts which may be added to the property tax roll, the business tax
roll, or both pursuant to the Municipal Government Act, RSA 2000, c M-
26,and all amendments thereto.
16.4
No Person shall obstruct or hinder any other Person in the exercise or
performance of that Person's powers pursuant to this Bylaw.
17.
MUNICIPAL TAGS
17 .1
Any Peace Officer, in that Officer's sole discretion, is hereby authorized and
empowered to issue a Municipal Tag to any Person whom the Peace Officer
has reasonable and probable grounds to believe has contravened or failed to
comply with any provision of this Bylaw. In this Bylaw, "Peace Officer" shall
have the same definition as contained in the Provincial Offences Procedure
Act, RSA 2000, c P-34 and all amendments thereto.
17 .2
A Municipal Tag may be issued to any Person either:
a. personally;
b. by placing a copy of the Municipal Tag upon a vehicle registered to
such Person; or
c. by mailing a copy to such Person by registered or ordinary mail to
their last known mailing address.
17.3
A Municipal Tag shall be in a form approved by the Town and shall include:
a. the name of the Person;
b. the date upon which the offence was committed;
c. the section number(s) of this Bylaw which were contravened;
d. the appropriate specified penalty or minimum fine for the offence as
prescribed by this Bylaw;
e. the time within which the entire penalty must be paid to the Town of;
and
if payment is not received within the time permitted by such Municipal Tag,
there shall be an administrative surcharge of $20.00, or 20% of the specified
penalty, whichever amount is greater.
17.4
If payment is received by the Town within the period of time permitted by
any such Municipal Tag, no Information or Violation Ticket may be issued
against the same offender for the same offence.
17.5
Except where a Municipal Tag has been paid as prescribed herein, nothing in
this Bylaw shall limit a Peace Officer's discretion to issue a Violation Ticket
pursuant to the Provincial Offences Procedure Act, RSA 2000, c P-34 and all
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amendments thereto, or instead lay an Information pursuant to the Criminal
Code, RSC 1985, c C-46 and all amendments thereto, at any time within 6
months of the last occurrence of the offence, regardless of whether or not a
Violation Tag has been issued.
17 .6
Any Peace Officer, in that Officer's sole discretion, is authorized to issue a
Violation Ticket which permits the voluntary payment of the fine or specified
penalty indicated thereon in the manner specified by the Provincial Offences
Procedure Act, RSA 2000, c P-34, and all amendments and regulations
thereto.
17. 7
Any fine or penalty imposed upon conviction for any offence occurring within
the Town enures to the benefit of the Town.
18.
VIOLATION TICKETS
18.1
Notwithstanding Section 13, a Peace Officer is hereby authorized and
empowered to immediately issue a Violation Ticket to any Person whom the
Peace Officer has reasonable grounds to believe has contravened any
provision of this Bylaw.
18. 2
A Violation Ticket issued with respect to a violation of this Bylaw may be
served upon the Person responsible for the contravention in accordance with
the Provincial Offences Procedure Act.
18.3
The Person to whom the Violation Ticket has been issued may plead guilty by
making voluntary payment in respect of the summons by delivering to the
Provincial Court, on or before the initial appearance date, the Violation Ticket
together with an amount equal to the specified penalty for the offence as
provided by this Bylaw.
18.4
Where a Clerk of the Court records in the court records the receipt of a
voluntary payment pursuant to this Bylaw and the Provincial Offences
Procedure Act, the act of recording constitutes acceptance of the guilty plea
and also constitutes a conviction and imposition of a fine in the amount of
the specified penalty.
19.
GENERAL PROVISIONS AND SCHEDULES
19.1
All schedules attached hereto and incorporated by reference form part of this
Bylaw.
19.2
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.
19.3
Should any provision of this Bylaw be illegal or unenforceable for any reason
whatsoever, it shall be considered separate and severable from the
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Redacted under Sec 17 of the FOIP Act
Redacted under Sec 17 of the FOIP Act
FIRE PERMIT, SCHEDULE "A"
Issued under the authority of Bylaw No. 2020/15
INSTRUCTIONS FOR COMPLETING PERMIT
1 . Please print all information.
2. Use Municipal Addressing
3. Refer to Standard Operating Guideline Manual for
assistance.
4. This permit is non-transferable.
5. This permit is not valid unless countersigned by
the Town.
THIS PERMIT AUTHORIZES:
I THE OWNER
Nam
e:
Municipal I
Address:
Lot/Block/Plan (or) Legal Land Description :
I
Size of pile being I Length X I
I
Wi¡th I
burned
REGULATIONS
1. IT IS THE RESPONSIBILITY OF THE
APPLICANT TO:
a . Obtain permission, if necessary, to burn on
any land.
b. Be familiar with and abide by the
requirements of the Forest and Prairie
Protection· Act (SURPA), the regulations
thereunder and Bylaw 2020/15
2. The permit period Is limited to a maximum
of Seven (7) days unless special conditions
apply.
3. The permit holder is responsible for all above
and below ground utilities.
I LESSEE
I OCCUPANT
Cellular:
Telephon
e:
Heioht X I
Purpose of
I Please note: no wood preservatives are allowed to be burned
Burn :
Used Power, telegraph and telephone
Straw and Stubble
poles
Wooden material from construction &
Grass and Weeds
demolition
Solid waste from post and pole
Leaves and Tree Prunings
operations
Brush and Fallen Trees
Solid waste from tree harvesting
operations
EXCEPT WHERE OTHERWISE NOTED ON THIS PERMIT OR IN BY-LAW 2020/15, BURNING SHALL BE
DONE IN COMPLIANCE WITH THE FOREST AND PRAIRIE PROTECTION ACT (SUPRA), THE REGULATIONS
MADE THEREUNDER AND THE FOLLOWING CONDmONS APPLY
1 . Permittee i s responsible for the safe control of the burning herein authorized.
2. Permit authorized onl:i when winds less than 12 km ger hour. INQUIRE AT 403-845-
3183 FOR WIND
SPEEDS. oress # 1 then #2 to receive wind soeeds.
3. A minimum of one (1) adult, capable of extinguishing a fire, must be in attendance at all
times.
4. Sufficient tools, equipment or quantities of water must be readily available for the size of
burn being
conducted (AR-310-72 section 14D); (Permit holder may need to contact the Town
ooerations department
regarding the use of Fire Hydrants 403-845-3220).
5. Ensure adeauate soace and clearances from other combustible materials is maintained.
RFD - Fire Bylaw 2020/15
Page 16 of 19
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6. Post smoke sions if burnino within ½ kilometer of a orimarv or secondarv hiahwav.
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7. Permit holders must personally notify nearbv residents and businesses orior to burnina.
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8 . Consideration must b e g iven to neighbors. Burning may not b e conducted when wind blows
smoke towards
residential or commercial structures within 1,000 meters of the burn site.
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9. Notify Dispatch a ½ hour prior to burning and upon completion of burning. Central Dispatch
PHONE: 403-
845-77 11.
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10. Ensure that a 24-hour fire watch is maintained at the site until the fire is comoletelv OUT.
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12. Upon completion of burn ensure debris is disposed of.
Effective I
I
Date:
Expires:
The permit holder to indemnify and save harmless
The permit holder will ensure adequate
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the Town of Rocky Mountain House from ALL
insurance coverage including naming the
liability arising out of the operations authorized by
this Fire Permit.
Town of Rocky Mountain House.
The Town and / or Regional Fire Chief reserve the right to immediately stop any and all
burning operations at their sole discretion for any reason relating to community health and
wellness. The permit holder will be responsible for any and all costs associated with the
cessation of burn operations.
THE PERMITTEE AGREES TO PAY THE COST OF EXTINGUISHING FIRES CAUSED BY WILLFUL VIOLATION
OF ANY CONDITION SET OUT IN THIS FIRE PERMIT. ANY PERSON AUTHORIZED TO CONDUCT BURNING
PURSUANT TO THIS PERMIT SHALL BE RESPONSIBLE TO THE TOWN OF ROCKY MOUNTAIN HOUSE FOR
THE COST OF EXTINGUISHING THE FIRE.
IN THE EVENT OF A FIRE BAN BEING ANNOUNCED BY THE TOWN OR THE PROVINCE, ALL FIRE PERMITS
ARE AUTOMATICALLY CANCELLED WITHOUT FURTHER NOTICE TO THE PERMIT HOLDER.
I HAVE READ AND UNDERSTAND THE CONDITIONS ABOVE AND I ACCEPT FULL
RESPONSIBILITY.
SPECIAL CONDITIONS
Permittee Signature
Fire Department ( Name & Designation #)
Counter Signed by Fire Department
Town Rep ( Name & Title)
Counter Sign by Town of RMH Representative
DATE ISSUED:
NOTE: THIS PERMIT IS NOT VALID UNLESS COUNTER SIGNED BY A TOWN OF ROCKY MOUNTAIN
HOUSE REPRESENTATIVE.
RFD - Fire Bylaw 2020/15
Page 17 of 19
SCHEDULE "B"
Offence Penalties
Column 1
Column 2
(Section Number of
First
Bylaw)
Offence
Section 13.1
$250
Section 13.2
$250
Section 13.3
$500
Section 13.4
$500
Section 13.5
$500
Section 13.6
$1,000
Section 13.7
$5,000
Section 13.8
$2,500
Section 13.9
$500
Section 13. 10
$500
Section 16.4
$250
RFD - Fire Bylaw 2020/15
Column
Column 4
3
Subsequent
Second Offence
Offence
$750
$2,000
$750
$2,000
$2,000
$ 10,000
$2,000
$ 10,000
$2,000
$10,000
$5,000
$10,000
$7,500
$10,000
$7,500
$10,000
$2,000
$10,000
$2,000
$10,000
$750
$2,000
Page 18 of 19