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Bylaw 5-2021
Page 1
BYLAW 5-2021
FIRE SERVICES BYLAW
Section 7 of the Municipal Government Act permits Council to pass bylaws for municipal purposes in
relation to the safety, health and welfare of people and the protection of people and property, and to
create offences and impose fines and penalties; and
Section 8 of the Municipal Government Act permits Council to regulate or prohibit particular activities,
industries, businesses, or other things; and
Section 542 of the Municipal Government Act allows a designated officer of a municipality to enter land,
buildings, and structures in order to carry out an inspection, enforcement, or action authorized or
required by a bylaw; and
Section 551 of the Municipal Government Act allows a municipality to take whatever actions or steps
are necessary to eliminate an emergency; and
Section 7 of the Forest and Prairie Protection Act, RSA 2000, c F-19, makes Strathcona County
responsible for providing fire services in the non-urban areas or Strathcona County; and
Council recognizes that Strathcona County has a role to play in ensuring fires are effectively managed
and that firefighting activities are carried out when necessary; and
Council believes that the costs for providing fire services in Strathcona County are appropriately paid by
the person responsible for the fire;
Therefore Council enacts:
PART I - PURPOSE, DEFINITIONS AND INTERPRETATION
Purpose
1
The purposes of this bylaw are to:
(a) allow the County, its firefighters and fire officers, and its fire services
personnel to engage in and provide fire services; and
(b) allow the County and its firefighters and fire officers to enter land,
building, and structures in order to engage in and provide fire services;
and
(c) prevent the spread of fires and allow the County and its firefighters and
fire officers to extinguish fires.
Citation
2
This bylaw is cited as the Fire Services Bylaw.
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Definitions
3
In this bylaw:
(a) "bylaw enforcement officer" means an individual appointed or
authorized by the Chief Commissioner to enforce County bylaws, and
includes a peace officer and a police officer;
(b) "Chief Commissioner" means the chief administrative officer of the
County or delegate;
(c) "County" means the municipal corporation of Strathcona County, a
specialized municipality established under the authority of the
Municipal Government Act, RSA 2000, c M-26 and Order in Council
761/95;
(d) "emergency" includes a situation in which there is imminent danger to
public safety or of serious harm to property or the environment;
(e) "Fees and Charges Bylaw" means the County's Fees, Rates and Charges
Bylaw, Bylaw 37-2019, as amended or replaced;
(f) "Fire Code" means the National Fire Code - 2019 Alberta Edition, or any
successor legislation or document;
(g) "fire services" means services related to the suppression or prevention
of fires, rescue and emergency services, and other activities of a
firefighter;
(h) "hazardous substances" means any material or substance that may
have an immediate or long term adverse effect to life, health, property
or the environment when burned, spilled, leaked or otherwise released
from its normal use, handling, storage or transportation environment
and shall include those products, substances and organisms that are
covered by applicable Provincial and Federal legislation and guidelines;
(i) "Municipal Government Act" means the Municipal Government Act,
RSA 2000, c M-26;
(j) "municipal tag" means an offence notice issued pursuant to this bylaw;
(k) "parcel" has the same meaning as "parcel of land" in the Municipal
Government Act;
(l) "peace officer" means an individual appointed by the province of
Alberta under the authority of the Peace Officer Act, SA 2006, c P-3.5, as
a peace officer, and with the authority to enforce this bylaw, and
includes a police officer;
(m) "person" means an individual or an incorporated entity;
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(n) "Provincial Offences Procedure Act" means the Provincial Offences
Procedure Act, RSA 2000, c P-34;
(o) "violation ticket" means a ticket issued pursuant to the Provincial
Offences Procedure Act, RSA 2000, c P-34;
Interpretation
4
The following rules apply to interpretation of this bylaw:
(a) The word "including" means "including, but not limited to";
(b) Headings, titles, margin notes, and preambles in this bylaw are for ease
of reference only;
(c) References to one gender includes all genders, and the singular includes
the plural as the context requires;
(d) Every provision of this bylaw is independent of all other provisions and
if any provision of this bylaw is declared invalid by a Court, all other
provisions of this bylaw remain valid and enforceable;
(e) References to bylaws and enactments in this bylaw include
amendments and replacement bylaws and enactments, and to
regulations and orders thereunder; and
(f) All offences under this bylaw are strict liability offences.
Application
5
Nothing in this bylaw relieves a person from the obligation to comply with a
provision of any other bylaw or enactment, or the requirements of a
permit, order, or license issued under another bylaw or enactment.
6
The provisions of this bylaw do not apply to fire services or emergency
services provided by the federal government or a provincial government.
PART II - FIRE SERVICES
Fire Services
Activities
7
Strathcona County will provide fire services within the municipal
boundaries of Strathcona County.
8
In the provision of fire services, Strathcona County's fire officers and fire
services personnel have all of the following duties:
(a) preventing fires;
(b) extinguishing fires;
(c) investigating the cause of fires;
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(d) preserving life and property, and protecting persons and property from
injury or destruction by fire;
(e) providing rescue and emergency medical services; and
(f) responding to incidents involving hazardous substances.
Assistance in
Provision of
Fire Services
9
The Chief Commissioner may enter into mutual aid agreements to provide
or receive fire services in extraordinary circumstances.
10 (1) The Chief Commissioner may authorize the use of the County's fire
services personnel, equipment, and fire officers to assist with fire services
in other jurisdictions.
(2) The Chief Commissioner may require that these services are only
provided on a cost-recovery basis.
PART III - RIGHTS, OBLIGATIONS, AND AUTHORITIES
Fire Officer
Authorities
11 The Chief Commissioner may appoint one or more individuals as fire
officers, for the purposes of providing fire services.
12 A fire officer is a designated officer of the municipality and is authorized to:
(a) enter onto land or in to or on to a building or structure to conduct
inspections, to order any person to remedy a contravention of this
bylaw or a fire or safety hazard;
(b) carry out inspections to determine compliance with this bylaw;
(c) perform or have performed, on the land or premises or anything on
them, any tests the fire officer considers necessary;
(d) request copies of, or take pictures or images of, anything from, in, or on
a property, premises, or building that:
i. is reasonably pertinent to a matter under investigation; or
ii. the fire officer considers, on reasonable and probable grounds, is or
may be evidence of the commission of an offence against this
bylaw;
(e) request copies of, or take pictures or images of, vehicle and driver
information, including a vehicle's registration and the driver's license, at
the scene of a motor vehicle collision;
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(f) temporarily cordon off or secure an area of land, a building, or a
structure and prohibit any person from entering or remaining on or in
the land, building, or structure during an investigation or while
providing fire services;
(g) require a person to extinguish a fire that the fire officer believes may
become a safety hazard, or which may become out of the control of the
person; and
(h) do any other thing or action as provided for and in accordance with this
bylaw.
Permitted
Actions in
Emergency
13 During an emergency a fire officer is authorized to take whatever actions or
measures are necessary to eliminate or mitigate the emergency, including:
(a) demolishing or removing a building, structure, improvement, vehicle,
obstacle, or other thing;
(b) entering a property, building, or structure with any persons and
equipment that, in the fire officer's opinion, are required; and
(c) ordering a person to provide labour, services, equipment, or materials
to the fire officer;
Removal of Fire
Hazards
14 (1) If a fire officer finds conditions that, in the fire officer's opinion,
constitute a fire hazard or a burning hazard, the fire officer may direct the
owner of the property on which the hazardous conditions exist to reduce,
remove, or eliminate the hazard within a fixed time and in a manner
prescribed by the fire officer.
(2) A person who receives direction from a fire officer under this Part must
comply with the direction.
15 In an emergency a fire officer is authorized to reduce, remove, or eliminate
a fire hazard or burning hazard on a parcel.
PART IV - RECOVERY OF EXPENSES
Owner Liable
for Costs
16 The owner of a property is liable to the County for all expenses and costs
related to the County extinguishing fires on the property.
Person Causing
Fire Liable for
Costs
17 A person who causes a fire is liable to the County for all expenses and costs
related to the County extinguishing the fire.
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Joint and
Several
Liability
18 The County may seek recovery of expenses and costs in this Part either
jointly or severally.
PART V - REPORTING AND OFFENCES
Reporting
Requirements
19 A person that causes or permits the release of a hazardous substance, and
the owner of a property where a hazardous substance has been released,
must report the particulars of the release to the Chief Commissioner within
48 hours of the release if:
(a) the release is, or could reasonably be expected to be, in excess of a
maximum allowable quantity or concentration specified in federal or
provincial regulations; or
(b) the release endangers or could reasonably be expected to endanger
public safety or create an unsafe condition.
20 The owner of a property that is damaged by fire, or where an injury or
death is caused by a fire, must immediately report the particulars of the fire
to the Chief Commissioner.
21 (1) If a person is required to perform an inspection under the Fire Code, that
inspection must be performed by a person who is qualified to perform that
inspection, as set out in the Fire Code.
(2) Any inspection performed under the Fire Code must be recorded in a
form acceptable to the Chief Commissioner, and a copies must be provided
to:
(a) the owner of the property, within 7 days of the inspection; and
(b) the Chief Commissioner, within 14 days of the inspection.
Offences
22 A person must not enter an area that is cordoned-off or secured by a fire
officer, except as permitted by a fire officer.
23 During an emergency, when a fire officer directs a person to vacate a
building, structure, or area of land, or to do any other thing, the person
must comply with the directions given.
24 A person must not impede, interfere with, or hinder a fire officer who is
performing fire services duties.
25 A person must not obstruct or interfere with the operation or use of a fire
hydrant, fire department connection on a building, or any fire detection
device or equipment.
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26 A person must not obstruct access to any access road, street, or approach
to any place where fire services are required.
27 A person must not move a fire hose that is at or near the scene of a fire
unless permitted to do so by a fire officer.
28 A person must not drive a vehicle over a fire hose that is at or near the
scene of a fire unless permitted to do so by a fire officer.
29 A person must not make a false report of a fire.
30 A person must not activate a manual fire alarm station unless that person
has a reasonable belief that there is a fire in progress at or near the location
of the manual fire alarm station.
31 A person who contravenes or fails to comply with a provision of this bylaw
is guilty of an offence.
PART VI - ENFORCEMENT
Continuing
Offences
32 If an offence is of a continuing nature, each day or part thereof that a
person fails to comply with the requirements of this bylaw constitutes a
new offence.
Obstruction
33 Any person who interferes with or obstructs a bylaw enforcement officer or
peace officer in the execution of the bylaw enforcement officer's or peace
officer's duties under this bylaw is guilty of an offence.
Enforcement
Measures
34 Nothing in this bylaw precludes a bylaw enforcement officer or a peace
officer from taking any enforcement measure available in another bylaw or
enactment, in addition to issuing a municipal tag or violation ticket for an
offence.
35 A bylaw enforcement officer is a designated officer of the municipality with
the power to conduct inspections, take enforcement action, and order any
person to remedy a contravention pursuant to the Municipal Government
Act, or as provided for and in accordance with any other enactment or
bylaw.
Municipal Tag
36 A bylaw enforcement officer may issue and serve a municipal tag on any
person the officer has reasonable and probable grounds to believe has
contravened a provision of this bylaw by:
(a) personally serving the municipal tag on the person; or
(b) mailing a copy of the municipal tag by pre-paid post to the person's last
known postal address.
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37 A municipal tag shall be in a form approved by the Chief Commissioner and
shall state:
(a) the name of the person to whom the municipal tag is issued;
(b) the particulars of the contravention of the bylaw;
(c) the specified penalty for the offence as set out in Schedule "A";
(d) that the specified penalty must be paid within thirty (30) days of the
issuance of the municipal tag in order to avoid prosecution; and
(e) any other information as may be required by the Chief Commissioner.
Violation Ticket
38 If a municipal tag has been issued and the specified penalty on the
municipal tag has not been paid within the prescribed time, a peace officer
may issue a violation ticket to the person to whom the municipal tag was
issued.
39 A peace officer may, in the officer's sole discretion, elect to issue and serve
a violation ticket without first issuing a municipal tag.
40 A peace officer is authorized to issue a violation ticket under Part 2 or Part 3
of the Provincial Offences Procedure Act to any person the peace officer
believes on reasonable and probable grounds has committed an offence
under this bylaw.
41 If a violation ticket is issued it must be in the prescribed form and must:
(a) state the specified penalty for the offence as set out in Schedule "A" of
this bylaw; or
(b) require the person to appear in Provincial Court with or without the
alternative of making a voluntary payment.
Penalties
42 Any person guilty of an offence under this bylaw is liable on summary
conviction to a penalty in an amount not less than the amount specified in
Schedule "A" of this bylaw, or if not prescribed in Schedule "A", not more
than $10,000, and any other penalties as may be prescribed in default of
payment in relation to proceedings taken under Part 2 or Part 3 of the
Provincial Offences Procedure Act.
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PART VII - GENERAL
Transitional
43 Nothing in this bylaw invalidates any action taken, licence or permit granted
or revoked, or offence proceeding undertaken, pursuant to Bylaw 68-2000.
FIRST READING:
January 19, 2021
SECOND READING:
January 19, 2021
THIRD READING:
January 19, 2021
SIGNED THIS 2 day of February 2021.
Rod Frank
______________________________
MAYOR
Mavis Nathoo
______________________________
DIRECTOR, LEGISLATIVE AND LEGAL SERVICES
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SCHEDULE "A"
Bylaw 5-2021
FIRE SERVICES BYLAW
SPECIFIED PENALTIES
Section
Offence
First
Offence
Second
Offence
Within two
year period
Third or
more
Offences
Within two
year period
14(2)
Failure to remove a fire hazard
$250
$500
$1,000
19
Failure to report the release of a hazardous
substance
$150
$300
$600
20
Failure to report damage from a fire
$100
$200
$500
22
Entering a secured area
$100
$200
$500
23
Failure to comply with directions of a fire
officer
$150
$300
$600
24
Impeding a fire officer performing his or her
duties
$500
$1,000
$2,000
25
Interfering with a fire hydrant, water
connection, or fire detection equipment
$250
$500
$1,000
26
Obstructing access to a place where fire
services are required
$250
$500
$1,000
27
Unauthorized moving of a fire hose
$100
$200
$500
28
Drive a vehicle over a fire hose
$100
$200
$500
29
False report of a fire
$250
$500
$1,000
30
Activating a manual fire alarm station when
there is no fire
$50
$100
$200
33
Obstruct or interfere with bylaw enforcement
officer or firefighter in execution of duties
$500
$1,000
$2,000