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BYLAW NO. 1173
OF STARLAND COUNTY
IN THE PROVINCE OF ALBERTA, CANADA
A
Bylaw
of
Starland
County,
in
the
Province
of
Alberta,
repealing
and
replacing Bylaw No. 1042 and Bylaw No.
1158 in their entirety, for the purpose of
providing
for
the
establishment
and
operation of Fire Protection Services.
WHEREAS the Council of Starland County wishes to establish a fire service within the
Municipality and to provide for efficient operation of such a fire service, all pursuant to the
laws of the Province of Alberta;
WHEREAS the Council of Starland County wishes to regulate the use and setting of fires;
NOW THEREFORE, the Council of Starland County, duly assembled, enacts as follows:
SECTION 1- SHORT TITLE:
1.1
This Bylaw may be cited as the "Fire Bylaw"
SECTION 2- DEFINITIONS:
In this Bylaw:
2.1
"Administrator" means the Municipality's Chief Administrative Officer;
(a)
"Apparatus" means any vehicle provided with machinery, devices,
equipment or materials for firefighting, as well as any vehicles used for
transporting firefighters or supplies;
(b)
"Contained Fire" means a fire which is totally confined within a non-
combustible structure or container and which is ventilated in such a
manner as to preclude the escape of combustible materials including ash;
(c)
"Council" means the Council of Starland County;
(d)
"Equipment" means any tools, contrivances, devices or materials used by
the Fire Department to combat an incident or other emergency;
(e)
(f)
"False Alarm" means any notification to the Fire Department or any
Member respecting the existence of a condition, circumstance or event
containing an imminent serious danger to persons or property, wherein
such a condition, circumstance or event is in fact no in existence;
(g)
"Fire" means any combustible material in a state of combustion;
(h)
"Fire Chief' means the Member appointed as head of the Fire
Department;
(0
"Fire Department" means the Department established by this Bylaw and
includes any person duly appointed to the Fire Department by Council or
the Fire Chief;
0)
"Fire Department Property" means all Property owned or controlled by
the Municipality and designated for use by the Fire Department,
regardless of the source of the Property;
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STARLAND COUNTY
BYLAW 1173- FIRE PROTECTION SERVICES BYLAW
"Fire Enforcement Officer" means a Bylaw Enforcement Officer appointed
by the Council to do any act or perform any duties as directed under this
bylaw and includes a member of the Royal Canadian Mounted Police, an
independent contractor who is under contract with the County to provide
bylaw enforcement services,or a Special Constable appointed by the
County pursuant to the Police Act;
(k)
"Fire Guardian" means a person appointed by the Council to carry out the
duties as defined in the Forest and Prairie Protection Act;
(I)
(m)
"Fire Marshall" means a designated officer of Starland County and is
appointed annually by resolution of Starland County Council to act as a
liaison between Council and the Fire Departments;
(n)
"Fire Protection Committee" means the appointed members made up
from the participating municipalities of the Village of Morrin,the Village of
Delia,the Village of Munson and Starland County;
(o)
"Fire Permit" means a document issued by Council pursuant to this Bylaw,
on the form adopted by the Municipality from time to time;
(P)
"Fire Protection" means all aspects of fire safety, including but not limited
to,fire prevention, firefighting or suppression, pre-fire planning,fire
inspection, fire investigation, public education and information,training or
other staff development,advising and responding to a request for Fire
Protection (including legitimate emergencies and false alarms);
(q)
"Fire Protection Charge" means any or all costs incurred by the Fire
Department in providing Fire Protection;
(r)
"Incident" means a fire, a situation where a fire or explosion is imminent
or any other situation presenting a fire or possible danger to life or
property;
"Incinerator Fire" means a fire that is confined within a non-combustible
structure or container that has the draft and smoke vents thereof covered
with a gauge metal screen having a mesh size not larger than 13 mm.,
which fire is set for the purpose of burning household refuse;
(s)
"Member" means any person that is a duly appointed Member of the Fire
Department, and includes the Fire Chief;
(t)
(u)
"Municipality" means Starland County;
(v)
"Officer" means a Member appointed as the Fire Chief or a Deputy Fire
Chief;
(w)
"Outdoor Fire" means any fire not contained within a building or structure
and shall include fire involving humus soil, piles of coal,farm produce,
waste, bush, grass,seed, straw or any fire that has escaped or spread from
a building,structure, machine or vehicle and any fire set for the purpose of
thawing frozen ground;
(x)
"Property" means any real or personal property, which, without limited
the generality of the foregoing, includes land and structures;
(y)
"Recreational Fire" means a fire on land owned or leased by the
Municipality or its agents for recreational purposes and is confined to a
non-combustible container supplied by the Municipality, as approved by a
member,which is set for the purpose of cooking,obtaining warmth or
viewing for pleasure. Such fire may only be fueled with seasoned wood,
charcoal,coal natural gas or propane;
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STARLAND COUNTY
BYLAW 1173- FIRE PROTECTION SERVICES BYLAW
(z)
"Running Fire" means a fire burning without being under proper or any
control of any person;
"Structure Fire" means a fire confined to and within any building,
structure, machine or vehicle which will or is likely to cause the
destruction of or damage to such building, structure, machine or vehicle,
excluding an Incinerator Fire.
(aa)
SECTION 3: APPOINTMENT AND DUTIES OF FIRE CHIEF:
The position of Fire Chief is established as a designated officer of Starland County
and shall be appointed annually by resolution of council.
3.1
The Fire Chief shall report directly to the Fire Marshall and shall be responsible to
Council.
3.2
The Fire Chief shall forward all documentation including fire reports, request for
requisitions of supplies or equipment, repairs to apparatus, violations of the
bylaw, policy and procedure changes or additions and other matter relating to the
operations of the department directly to the Fire Marshall.
3.3
Any Council directions or matters relevant to the Fire Protection Services shall be
coordinated and dispersed to the respective departments by the Fire Marshall.
3.4
The Fire Chief has complete responsibility and authority over the Fire Department,
subject to the direction and control of Council, to which he or she shall be
responsible, and in particular, may carry out all Fire Protection activities and such
other activities as Council directs including, but not limited to:
3.5
(a)
rescue
(b)
emergency medical services, excepting ambulance services
(c)
pre-fire planning
(d)
disaster
(e)
preventative patrols
The Fire Chief, subject to the ratification by the Council by bylaw, may establish
rules, regulations, policies and committees necessary for the proper organization
and administration of the Fire Department including, but not limited to:
3.6
(a)
use, care and protection of Fire Department Property;
conduct and discipline of Officers and Members of the Fire Department;
(b)
(c)
efficient operations of the Fire Department;
(d)
training of Officers and Members of the Fire Department.
The Fire Chief, or in his or her absence, the member or officer present, shall have
control, direction and management of any Fire Department apparatus. Equipment
or manpower, assigned to an incident and, where a member is in charge, he or she
shall continue to act until relieved by an officer authorized to do so.
3.7
The Fire Chief, or the member in charge, at an incident may at his or her discretion
establish boundaries or limits and keep from entering the area within the
prescribed boundaries or limits and keep persons from entering the area within
the prescribed boundaries or limits unless authorized to enter by him or her.
3.8
The Fire Chief, or the member in charge, at an incident may request peace officers
to enforce restrictions on persons entering within the boundaries of limits outlined
in Section 3.8.
3.9
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BYLAW 1173- FIRE PROTECTION SERVICES BYLAW
The Fire Chief, or the member in charge, at an incident is empowered to enter to
take all steps he or she deems necessary in order to directly or indirectly combat,
control or deal with an incident, including:
3.10
pass through or over buildings or property adjacent to an incident and to
cause members of the Fire Department and the apparatus and equipment
of the Fire Department to enter or pass through or over the building or
property;
(a)
(b)
cause a building, structure or thing to be pulled down, demolished or
otherwise removed.
The Fire Chief may obtain assistance from other officials of the municipality as he
or she deems necessary in order to discharge his or her duties and responsibilities
under this Bylaw.
3.11
Regulations, rules or policies made pursuant to section 3.6 of this Bylaw shall not
be inconsistent with the legislation and regulations of the Province of Alberta.
3.12
The limits of the jurisdiction of the Fire Chief, officers and members of the Fire
Department will extend to the area and boundaries of the Municipality and no
part of the fire apparatus or equipment shall be used beyond the limits of the
jurisdiction without:
3.13
(a)
the express authorizations of a written contract or agreement providing
for the supply of Fire Protection outside the Municipality's boundaries;or
(b)
the approval of Council.
SECTION 4- POWERS OF FIRE MEMBERS:
Each member shall have the authority and power to:
4.1
(a)
extinguish or control the fire or the operations to preserve life and
property and enter onto any property for the purpose of extinguishing or
controlling the fire;
(b)
prevent interference with the efforts of persons engaged in the
extinguishing of fire or preventing the spread thereof by regulating the
conduct of the public at or in the vicinity of any fire.
SECTION 5- POWER OF OFFICERS:
5.1
Each officer shall have the authority and power to:
(a)
during an incident, commandeer and authorize payment for the
possession or use of any equipment for the purposes of fighting the fire,
where that payment has been authorized pursuant to the budget for the
Fire Department.
SECTION 6- FIRE MARSHALL:
The position of Fire Marshall is established as a designated officer of Starland
County and shall be appointed annually by resolution of council.
6.1
6.2
The duties and responsibilities of Fire Marshall shall be reviewed annually by the
Fire Protection Committee and any changes or alterations approved by Council.
6.3
The Fire Marshall shall act as a liaison between Council and the Fire Departments.
6.4
The Fire Marshall shall make recommendations to Council on matters concerning
fire protection services in the municipality.
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BYLAW 1173- FIRE PROTECTION SERVICES BYLAW
SECTION 7- FIRE PROTECTION CHARGES:
Upon providing fire protection on property within or outside the Municipality's
boundaries,the Municipality may in its sole and absolute discretion charge:
7.1
(a)
the person causing or contributing to the fire;or
(b)
the owner or occupant of the property;
A fire protection charge and all individuals charged are jointly and severally
responsible for the fire protection charge.
The schedule of fees for fire protection charges shall be in accordance with the
recommended fee schedule set forth by the Starland Fire Protection Committee
and ratified by Council.
7.2
A fire protection charge shall be paid within (60) days of being levied.
7.3
Collection of unpaid fire protection may be undertaken by civil action in a court of
competent jurisdiction and any civil action does not invalidate any lien which the
Municipality is entitled to put on the property in respect of which the
indebtedness is incurred.
7.4
The owner of a parcel to which fire protection is provided is liable for fire
protection charges incurred and the Municipality may add to the tax roll of a
parcel of land all unpaid fire protection charges.
7.5
SECTION 8- FIRE PERMITS:
All outdoor fires or structure fires shall require a Fire Permit in accordance with
the Forest and Prairie Protection Act.
Application shall be made with the
approved form as adopted by Council.
8.1
For the purpose of this bylaw, fire permits shall be required as per the Forest and
Prairie Protection Act and Regulations,that being from March1st to October 31st of
each calendar year, for those types of fires as prescribed under this Act unless
otherwise directed by resolution of Council.
8.2
Council may extend a fire ban on all fires if deemed by Council that conditions are
unsuitable for these activities.
8.3
Issuance of a fire permit in conformance with this Bylaw shall be done by Council
and/or those appointed by the Fire Marshall and further described as "Fire
Guardians".
8.4
Terms and conditions of the fire permit shall be outlined under the conditional
approval as considered appropriate for the type and circumstances of the
controlled burn.
8.5
Fire permits issued pursuant to this Bylaw are valid for the period of time as shall
be determined and set by Council and endorsed on the fire permit to not exceed
10 days.
8.6
Council and/or the Fire Guardian may extend the period a fire permit is valid,
provided the fire permit has not expired.
8.7
8.8
Fire permits may be suspended by Council or by the Fire Marshall at any time.
Application for a fire permit must contain the following information:
8.9
(a)
the name and address of the applicant;
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the legal description of the land on which the applicant proposes to burn;
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BYLAW 1173- FIRE PROTECTION SERVICES BYLAW
the type and description of materials intended to be burnt;
(c)
(d)
the period of time for which the fire permit is valid;
(e)
conditions of the permit as imposed by the Fire Guardian and or Council;
(f)
the signature of applicant;
(g)
the signature of approval authority.
A copy of the fire permit shall be in possession of the applicant and at the scene of
the burn.
The applicant shall make a copy of the fire permit available for
inspection upon request by an Officer.
8.10
A fire permit is not transferrable.
8.11
SECTION 9- ENFORCEMENT:
Where property does not comply with this Bylaw or a person contravenes this
Bylaw, the Municipality may pursue its enforcement alternatives in accordance
with any Act, or common law right, including issuance of an order to remedy
contravention, remedying contravention by the Municipality, adding amounts to
the tax roll, and pursuing injunctions pursuant to the Municipal Government Act.
9.1
SECTION 10- 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
(b)
by mailing the copy to the person to be served by double registered mail
or certified mail to the last known post office address of the person to be
served, and service shall be deemed to be affected at the time the copy is
delivered by an official of the post office to the person to be served or to
any person receiving it on his or her behalf;
where the property is not occupied, by mailing the notice by double
registered mail or certified mail to the mailing address noted on the
Municipality's tax roll for that property, and service shall be deemed to be
effective at the time the copy is delivered by an official of the post office
to the person to be serviced or to any person receiving it on his or her
behalf;or
(c)
(d)
as directed by the Court.
SECTION 11- APPEAL:
11.1
A person who considers himself aggrieved by a written order given pursuant to
this Bylaw may appeal the direction to the Council, under the terms prescribed by
the Municipal Government Act.
SECTION 12- INTERFERENCE WITH DUTIES:
No person shall obstruct the Administrator, or a person authorized to inspect
property or to perform any work necessary to remedy a condition, from
performing his or her duties under this Bylaw.
12.1
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BYLAW 1173- FIRE PROTECTION SERVICES BYLAW
SECTION 13- OFFENCES:
13.1
No person shall:
(a)
impede,obstruct, or hinder a member of the Fire Department or other
person assisting or acting under the direction of the Fire Chief or the
member in charge at any incident;
(b)
damage or destroy Fire Department apparatus or equipment;
(c)
at an incident,drive a vehicle over any apparatus or equipment without
permission of the Fire Chief or the member in charge;
at an incident, enter the boundaries or limits of an area prescribed in
accordance with Section 3.8 unless he or she has been authorized to enter
by the Fire Chief or the member in charge.
(d)
(e)
obstruct a member from carrying out any function or activity related in
any way to fire protection;
(f)
falsely represent themselves as a member or wear or display any Fire
Department badge, cap, button,insignia,or other paraphernalia for the
purpose of such false representation;
(g)
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 fire-fighting purposes or any connections provided to a fire
main,pipe,standpipe,sprinkler system,cistern, or other body of water
designated for fire-fighting purposes.
light any fire including an outdoor fire or structure fire unless that person
is the holder of a subsisting fire permit unless:
(h)
(0
the fire is an incinerator fire;
the fire has been set by a member for the purpose of training
members;
the fire is a recreational fire;
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(iii)
(i)
permit an outdoor fire or structure fire to be lit upon lands that is owned
or occupied by that person, or under that person's control except when
such a fire is allowed under this Bylaw;
when a fire is set under the circumstances described in Section 13.1(h),
the owner or occupier of the land,or the person having control of the land
upon which the fire is lit shall:
0)
(i)
extinguish the fire immediately; or
(ii)
if unable to extinguish the fire immediately, report the fire to the
Fire Department;
(k)
either directly, or indirectly, personally or through an agent,servant or
employee kindle a fire or let it become a running fire on any land not his or
her own property or allow a running fire to pass from his or her own
property to the property of another;
(I)
light a fire without first taking sufficient precautions to ensure that the fire
can be kept under control at all times;
(m)
light a fire when the weather conditions are conducive to creating a
running fire;
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BYLAW 1173- FIRE PROTECTION SERVICES BYLAW
fail to take reasonable steps to control a fire for the purpose of preventing
it from becoming a running fire or from spreading onto property other
than his or her own;
(n)
deposit, discard or leave any burning matter or substance where it might
ignite other materials and cause a fire;
(o)
conduct any activity that involves the use of fire that might reasonably be
expected to cause a fire unless that person exercises reasonable care to
prevent the fire from occurring;
(P)
(q)
knowingly make a false statement in a fire permit application;
(r)
use a fire to burn:
(i)
manure;
livestock or other carcasses;
material that will result in the production of dense black smoke,
including insulation from electrical wiring or equipment, asphalt
roofing materials,hydrocarbons, plastics,or other materials or
creosoted wood; or
herbicides,pesticides or other toxic materials or substances;
the burning of stubble on land as defined under the Soil
Conservation Act;
(ii)
(iii)
(iv)
(v)
conduct any activity that involves the use of a fire, where smoke from the
fire will impede visibility of the vehicular traffic and pedestrian traffic on
any highway as defined in the Highway Traffic Act R.S.A. c.H-7;
(s)
(t)
light a fire or burn any material contrary to federal,provincial or municipal
legislation or regulations;
use a fire to burn all normal waste which results from the operation of a
household or commercial business or occupation and shall include without
restricting the foregoing, paper, rags, lawn and hedge clippings, packaging
materials, and waste from the preparation of food unless the same is
burned pursuant to the terms of a permit,or within an incinerator.
(u)
SECTION 14- PENALTIES:
Any person who:
14.1
(a)
violates any provision of this Bylaw;
(b)
suffers or permits any act or thing to be done in contravention of or in
violation of any provision of this Bylaw;
(c)
neglects to do or refrains from doing anything required to be done by the
provisions of this Bylaw; or
(d)
does any act or thing or omits any act or thing,thus violating any provision
of this Bylaw:
Is guilty of an offence under this Bylaw, and upon a conviction,is liable to a fine of
not less than $200.00 and not more than $5,000.00.
No person found guilty of an offence pursuant to this Bylaw shall be liable to
imprisonment.
14.2
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BYLAW 1173- FIRE PROTECTION SERVICES BYLAW
SECTION 15- MISCELLANEOUS:
15.1
Nothing in this Bylaw shall be construed to give the Fire Department or the Fire
Chief control or authority respecting ambulance services.
Should any section or part of this Bylaw be found to be improperly enacted or
ultra vires, for any reason, then such section or part shall be regarded as being
severable from the Bylaw and the Bylaw remaining after such severance shall be
effective and enforceable.
15.2
SECTION 16- VIOLATION TAGS:
A Bylaw Enforcement Officer is hereby authorized and empowered to issue a
violation tag to any person who the Bylaw Enforcement Officer has reasonable and
probably grounds to believe has contravened any provision of this Bylaw.
16.1
A violation tag may be issued to such person:
16.2
(a)
Either personally; or
(b)
By mailing a copy to such person at his or her last known post office
address.
The violation tag shall be in a form approved by the Municipality or the
responsible officer of the Municipality and shall state:
16.3
(a)
the name of the person;
(b)
the offence;
the appropriate penalty for the offence as specified in Schedule "B" of this
Bylaw;
(c)
that the penalty shall be paid within thirty (30) days of the issuance of the
violation tag;
(d)
(e)
any other information as may be required by the municipality.
Where an offence of this Bylaw continues for more than one day, a Bylaw
Enforcement Officer may issue one violation tag for each day that the offence
continues.
16.4
Where a violation tag is issued pursuant to this Bylaw, the person to whom the
violation tag is issued may, in lieu of being prosecuted for the offence, pay to the
Municipality's Treasurer the penalty specified in the violation tag.
16.5
Nothing in this Bylaw shall prevent a Bylaw Enforcement Officer from immediately
issuing a violation ticket for the mandatory Court appearance of any person who
contravenes any provision of this Bylaw.
16.6
SECTION 17- VIOLATION TICKETS:
If the penalty specified in a violation tag is not paid within the prescribed time
period, then a Bylaw Enforcement Officer may issue a violation ticket pursuant to
Part II of the Provincial Offences Procedure Act.
17.1
SECTION 18- EFFECTIVE DATE:
18.1
This Bylaw shall come into force and effect on the final date of passing thereof.
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BYLAW 1173- FIRE PROTECTION SERVICES BYLAW
SECTION 19- REPEAL OF PREVIOUS BYLAWS:
19.1
Bylaw No. 1042 and Bylaw 1158 of Starland County, being a bylaw and amending
bylaw to Bylaw 1042 are hereby repealed in their entirety.
FIRST reading on motion of Councillor Rew,this 26th day of May,2021.
SECOND reading on motion of Deputy Reeve Sargent,this 26th day of May,2021.
THIRD and FINAL reading on motion of Reeve Wannstrom, done and passed in a Council
Meeting of Starland County,duly assembled,this 26th day of May, A.D.,2021.
Steven J. Wannstrom
Chief Adminfetrative Officer:
Shirley J. Bremer
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