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TOWN OF TROCHU
BYLAW NO. 2022-01
FIRE SERVICES BYLAW
A BYLAW of the Town of Trochu in the Province of Alberta FOR THE PURPOSE OF PROVIDING FOR THE
ESTABLISHMENT AND OPERATION OF FIRE PROTECTION SERVICES in the Town ofTrochu.
WHEREAS: The provisions of Section 7 of the Municipal Government Act, RSA 2000, Chapter M-26
permits the Council to pass Bylaws for municipal purposes of respecting safety, health, and welfare of
people and the protection of people and property;
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 a municipality for extinguishing fires;
AND WHEREAS: The Safety Codes Act, RSA 2000, c. S-1, enables an accredited municipality to make
Bylaws respecting fees for services provided pursuant to the Act and carrying out its powers and duties
as an accredited municipality;
AND WHEREAS: The Town ofTrochu is an accredited municipality under the Safety Codes Act in the Fire
Discipline under Fire Accreditation No. J000137
AND WHEREAS: The Council of the Town of Trochu wishes to establish a fire department within the
Town, and provide for the efficient operation of such a department and regulate and control the lighting
of fires within the Town;
NOW THEREFORE: THE MUNICIPAL COUNCIL OF THE TOWN OF TROCHU, IN THE PROVINCE OF ALBERTA,
DULY ASSEMBLED ENACTS AS FOLLOWS:
1. - SHORT TITLE:
1.1
This Bylaw may be referred to as the FIRE SERVICES BYLAW of the Town of Trochu.
2. - DEFINITIONS:
In this Bylaw, unless the context otherwise requires:
2.1
"Acceptable Fire Pit" (see "Schedule B"); means an outdoor receptacle that meets the
following specifications:
a.
A minimum of 3 metres (10 feet) clearance, measured from the nearest firepit edge,
is maintained from buildings, fences, property lines, or other combustible material;
b.
The fire pit installation has enclosed sides made from bricks, concrete blocks, heavy
gauge metal, or other non-combustible material; and
c.
Not more than 0.6 metres (2 feet) high; and
d.
Not more than 1 metre (3 feet)
Date 4;/;/'# /2<J:?:Z
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Fire Services Bylaw No. 2022-01; Page 1 of 19
Date
2.2
"Agreement" means any agreement entered into by the Town and another municipality
or agency for the provision of fire protection or emergency services.
2.3
"Apparatus" means any vehicle, machinery, device, Equipment, or material for the
purpose of firefighting, rescue, or cleanup of Dangerous Goods, as well as vehicles used to
transport fire fighters, supplies, or contracted personnel required for such firefighting,
rescue, or cleanup.
2.4
"CAO" means the Chief Administrative Officer of the Town of Trochu or their designate.
2.5
"Council" means the Council of the Town ofTrochu.
2.6
"Dangerous Goods" means any material or substance that may constitute 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. It shall include those products,
substances and organisms described in the Dangerous Goods Transportation and Handling
Act, R.S.A. 2000, c D-4, as amended, and the regulations promulgated there under.
2.7
"Development Authority" means a person or a body appointed as a Development
Authority contemplated by and in accordance with the Municipal Government Act.
2.8
"District Fire Department" means a fire department established and operated by a
municipality or agency other than the Town that provides Fire Protection Services
pursuant to a formal Agreement.
2.9
"Enforcement Officer" means a member of the Royal Canadian Mounted Police, a
Municipal Bylaw Officer, a Peace Officer, the CAO, or any person designated by the CAO to
enforce this Bylaw.
2.10
"Equipment" means any tools, devices, or materials used by the Fire Department to
combat an Incident or other emergency.
2.11
"False Alarm" means any notification to the Fire Department or any Member thereof
respecting the existence of a condition, circumstance or event containing an imminent
danger to persons or property, wherein such a condition, circumstance or event is in fact
not in existence.
2.12
"Fire" means any combustible material in a state of combustion.
2.13
"Fire Chief" means the individual appointed by Council as the head of the Trochu Fire
Department, or their designate.
2.14
"Fire Code" refers to the National Fire Code - 2019 Alberta Edition, NFC(AE)
2.15
"Fire Department" means the fire department established by this Bylaw and includes any
member.
2.16
"Fire Department Property" means all property owned or controlled by and designated
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Fire Services Bylaw No. 2022-01; Page 2 of 19
2.17
"Fire Hazard" means any condition, circumstance, or event where the possibility of Fire
exists or is increased.
2.18
"Fire Lane" passageway or access road that will allow fire apparatus to pass through.
2.19
"Fire Permit" means a burning permit for an Open Fire issued by Kneehill County.
2.20
"Fire Protection" means any and all of the services enumerated in subsection 3.1 and any
other service provided by the Fire Department with the authorization of Council.
2.21
"Fire Protection Service Charges" means rates, fees, and charges payable for, or in
connection with the provision of Fire Protection, as set out in "Schedule A" of the Fire
Services Bylaw.
2.22
"Fire Watch" consists of one or more trained personnel deployed with maintaining the
safety of life and property by continuously patrolling all areas of a property affected by an
impairment or other fire watch condition. A Fire Watch is required when:
a.
When any life safety system is taken out of service for more than 4 accumulated
hours within a 24-hour period; and
b.
When doing Hot Work or as required in a special permit or fire safety plan; and
c.
Or otherwise as determined by a member.
2.23
"Gas Fueled Firepit" means a decorative structure, primarily for outdoor use and display.
Some are designed to look like real fire pits; however, the coals or logs are decorative, and
the real flame is being produced by natural gas or propane (includes gas fueled fire tables,
fire bowls and hearths).
2.24
"Hot Work" is an activity or process that generates a source of ignition. This could be
through a flame, heat, or a spark.
2.25
"Incident" means a fire, a situation where an explosion is imminent, a medical emergency
(such as a motor vehicle accident) and any other situation where there is danger, or a
possible danger to life or property,
2.26
"Incident Commander" means the first qualified Member of the Service in attendance at
an Incident who assumes command in accordance with policies and procedures of the
Service.
2.27
"lntermunicipal Fire Services Agreement" means the agreement executed between
Kneehill County and the Town of Trochu for the provision of Fire Protection Services
within the borders of Kneehill County, as amended from time to time.
2.28
"Member" means any person who is a duly appointed member of the Fire Department, or
any person or member or employee of an agency asked by the Fire Chief or designate to
assist at an Incident.
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Fire Services Bylaw No. 2022-01; Page 3 of 19
2.29
"Municipal Tag" means a summons, a written notice, or any other document approved by
the CAO to advise a person that a violation of this Bylaw has occurred and that, by
payment of a specified amount for the offence within a set time period, the person will
avoid prosecution for the offence. A municipal tag may be issued by an Enforcement
Officer or delivered by mail.
2.30
"Officer" refers to a Lieutenant, Deputy Chief, or Captain of the Fire Department
appointed by the Fire Chief in accordance with the provisions and eligibility requirements
outlined in the SOG/SOP.
2.31
"Open Fire" means any fire which is not contained within an appropriate fire pit, and
outdoor fireplace, a stationary barbeque, or an incinerator approved by Alberta
Environment and includes, but is not limited to:
a.
Fire for the burning of weeds, grass, leaves, brush, or any other plant matter; or
b.
Fire related to recreational uses in an area that has not been designated for
recreational fire by the Municipality; or
c.
A fire set for the purpose of thawing frozen ground.
2.32
"Property" means any real or personal property including, but not limited to, land and
structures.
2.33
"Provincial Offences Procedures Act" means the Provincial Offences Procedures Act,
R.S.A. 2000, c. P-34, as amended or repealed and replaced from time to time.
2.34
"Recreational Fire" means a confined fire for the purpose of cooking, obtaining warmth,
or viewing for pleasure. A recreational fire may only be fueled with seasoned wood, or
charcoal, natural gas, or propane.
2.35
"Refuse or Waste" means:
a.
All animal or vegetable matter including materials resulting from the handing,
preparation, cooking, consumption, or storage of food; or
b.
Broken dishes, tins, glass, rags, cast-off clothing, wastepaper, cardboard, sawdust,
food containers, plastic, grass cuttings, shrubbery and tree pruning's, weeds, garden
waste, manure, tree stumps, roots, turf, earth, furniture, major household
appliances, discarded auto parts, or such waste as may accumulate due to building
construction, renovation, repair, or demolition; and/or
c.
Any waste referred to in the Environmental Protection and Enhancement Act, R.S.A.
200, c. E-12, as amended, and all regulations promulgated thereunder.
2.36
"Remedial Order" means an order as described in Section 545 or Section 546 of the
Municipal Government Act.
Fire Services Bylaw No. 2022-01; Page 4 of 19
2.38
"Safety Codes Officer" means an individual designated as a safety codes officer (fire
discipline) pursuant to the Safety Codes Act and shall have all powers provided for within
the Safety Codes Act.
2.39
"Scene" means the area beyond or surrounding an incident, in which emergency vehicles
or personnel are located.
2.40
"Schedule J" refers to "Schedule J - Fire Related Offence Fees" of the current Town of
Trochu Rates and Fees Bylaw
2.41
"Service" includes the Trochu Fire Department, and other area Fire Departments, or any
other agency, which provides emergency services to the Town.
2.42
"SOG/SOP" means a standardized set of operating guidelines and procedures fire
department(s) use to create continuity in responses and efficiencies while increasing the
safety of all Members and the general public, which include but not limited to training
events, apparatus maintenance, record keeping and public relations.
2.43
"Town" means the municipal corporation of the Town of Trochu, in the Province of
Alberta, and where the context requires, means all lands situated in within the corporate
boundaries of the Town of Trochu.
2.44 "Violation Ticket" means a ticket issued pursuant to Part 3 of the Provincial Offences
Procedures Act, R.S.A. 2000, c. P-34, as amended, and any regulations thereunder.
3. - FIRE DEPARTMENT:
Date
3.1
Council hereby establishes the Town ofTrochu Fire Department for the purpose of:
a.
providing Fire Protection Services; and
b.
preventing, combating, and extinguishing fires and/or incidents; and
c.
preserving life and property, and protecting persons and property from injury or
destruction by fire or incident; and
d.
operating apparatus and equipment for the purpose of preserving life and property
while extinguishing fires and other emergency situations; and
e.
fulfilling obligations under approved Fire Protection Agreements; and
f.
providing Member training or other Member development; and
g.
providing fire inspection, investigation, and public education prevention services in
accordance with Alberta's Safety Codes Act, R.S.A. 2000, c S-1, and the regulations
thereunder.
h.
pre-fire and emergency planning and practice; and
i.
providing initial first response to medical i cidents, and rescue services.
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Fire Services Bylaw No. 2022-01; Page 5 of 19
3.2
Each item in 3.1 shall be performed by the Trochu Fire Department to the level of service
adopted by Council, in the SOG/SOP, which shall be consistent with the legislation and
regulation of the Province of Alberta, the lntermunicipal Fire Services Agreement and any
other Agreement or legislation.
4. - FIRE CHIEF:
4.1
The Fire Chief shall be selected by a vote of the members of the Trochu Fire Department,
(in accordance with the provisions and eligibility requirements outlined in the SOG/SOP),
subject to the ratification of Council.
4.2
The Fire Chief shall be responsible to the CAO and may be required to report directly to the
CAO and Council on a quarterly basis or as per the discretion of the CAO.
4.3
The Fire Chief shall supervise the Officers and Members.
4.4
The Fire Chief has complete authority over the organization and operations of the Fire
Department, subject to:
a.
this Bylaw;
b.
all applicable Town policies and guiding documents;
c.
the direction of the CAO and Council
4.5
The Fire Chief will, subject to budget approval by Council, appoint as many Members and
Officers as the Fire Chief deems required for the operation of the Fire Department.
a.
Officers and Members will be appointed by the Fire Chief in accordance with the
provisions and eligibility requirements outlined in the SOG/SOP.
4.6
The Fire Chief is authorized to delegate, to a Member or Officer, any powers, duties, or
functions of the Fire Chief under this Bylaw.
4.7
The Fire Chief will ensure that the Fire Department is compliant with the requirements and
provisions set out in the lntermunicipal Fire Services Agreement, Provincial legislation, and
any other Agreements.
4.8
The Fire Chief will, subject to budget approval by Council, purchase or otherwise acquire
Equipment, Apparatus materials and supplies necessary for the safe operation and
maintenance of the Fire Department.
5. - MEMBERS:
Date
5.1
Every Member shall; unless the Fire Chief or Incident Commander has specified otherwise,
have the authority to:
a.
Assume the role of Incident Commander u til such time as a qualified Officer is
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Fire Services Bylaw No. 2022-01; Page 6 of 19
b.
request any able-bodied adult person to assist in extinguishing fires and to assist in
the prevention or spread thereof;
c.
without a warrant, enter onto or into any property, except a private dwelling or
house, for the purpose of discharging their duties under this Bylaw;
d.
without a warrant, enter onto or into any property, private dwelling or building which
seems to be on fire, or where there is a risk to life and property, for the purpose of
discharging their duties under this Bylaw;
e.
regulate the conduct of the public in and around the vicinity of any place where a
Member is performing the activities described in subsections (a.) or (b.), and
f.
obtain from every person found entering or leaving the scene, that person's name,
address, and an account of their activities regarding the fire or incident.
g.
determine if a Fire Watch is required, and if so, ensure that sufficient trained
personnel are available to provide a post-incident watch for the time-period, deemed
necessary to secure the property against further incident. This may require the
member to engage the services of a security company or security person to maintain
a Fire Watch for the building, and/or to perform site security or to secure a premise.
Expenses accrued related to the provision of a Fire Watch may be considered a Fire
Protection Service Charge and billed as per Schedule A.
6. - INCIDENT COMMANDERS:
6.1
The first qualified Member of the Service arriving on the scene of an Incident shall assume
the role and duties of the Incident Commander.
6.2
The Incident Commander shall have control, direction, and management of any Fire
Department apparatus, equipment, or manpower assigned to an incident and they shall
continue to perform the duties of the Incident Commander until relieved by another
qualified Member of the Service authorized to do so.
6.3
The Incident Commander may request that any able-bodied, adult person who are not
Members assist in the combatting, controlling, or dealing with the incident.
6.4
The Incident Commander may at their discretion establish boundaries or limits at the
incident or scene. The Incident Commander shall then have control to allow or disallow
entrance or exit to and from the scene or incident.
6.5
The Incident Commander may request Enforcement Officers to enforce restrictions on
persons entering within the boundaries or limits outlined in Section 6.4.
6.6
The Incident Commander is empowered to enter any property (without a warrant) and to
take all steps they deem necessary to either directly or indirectly combat, control, or deal
with an incident including:
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Fire Services Bylaw No. 2022-01; Page 7 of 19
a.
passing through or over buildings or property adjacent to an incident, and direct
Members of the Service and the apparatus and equipment of the Fire Department to
enter or pass through or over the building or Property; and
b.
ordering the evacuation of any building or area which is directly or indirectly involved
in an incident; and
c.
causing a building, structure, or thing to be pulled down, demolished, or otherwise
removed.
6.7
The Incident Commander in charge at an Incident has the authority to commandeer
privately owned equipment which they consider necessary to deal with the Incident and
the owner of such equipment will be compensated by the Town in accordance with
standard industry rates.
7. - REQUIREMENT TO REPORT:
7 .1
The owner of any Property damaged by Fire shall, either personally or by agent,
immediately report the particulars of the Fire to the Fire Department in a manner set out
and in accordance with the Safety Codes Act RSA 2000, c. S-11 as amended.
7.2
The owner of any Property upon where Dangerous Goods have been spilled or released
shall, either personally or by agent, immediately report particulars of such a spill or release
to the Fire Department.
8. - CONTROL OF FIRE HAZARDS:
8.1
If the Enforcement Officer of Fire Chief finds conditions that in their opinion constitute a
fire hazard within the Town's municipal boundaries, they may order the owner or the
person in control of the land on which the fire hazard exists to reduce or remove the fire
hazard within a fixed time and in a manner prescribed by the Town.
a.
The Enforcement Officer may request the assistance of the Fire Department to
determine if the conditions constitute a fire hazard and provide a written report to
the CAO.
8.2
If the CAO finds that the order made pursuant to Section 10.1 has not been carried out,
CAO or designate may enter onto the land with any equipment and any person they
consider necessary and may perform the work required to eliminate or reduce the Fire
Hazard.
8.3
The owner or occupant of the land pursuant to Section 10.1 may also be guilty of an offence
and liable for a fine as indicated in "Schedule J".
9. -FIRE PROTECTION SERVICE CHARGES:
Date
9.1
The owner or occupant of the land on which work was performed pursuant to Section 8.2
shall, pay to the Town a Fire Protection Service Fee as per "Schedule A".
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Fire Services Bylaw No. 2022-01; Page 8 of 19
9.2
In the event of a Fire or upon the Fire Department providing Fire Protection services to a
property within the Town may in its sole and absolute discretion charge any associated
costs and expenses incurred by the Town and/or the Fire Department in taking such action
to any, or all of the following persons, namely:
a.
the person(s) causing or contributing to the Fire; or
b.
the owner or occupant of the property to which the services were provided:
i. All individuals charged are jointly and severally responsible for payment of
the Fire Protection Service Charges to the Town as per "Schedule A"; and
ii. Should the situation warrant, a penalty may also be imposed as per
"Schedule J".
9.3
Fire Protection Charges shall be paid in full on or before the due date imposed by the Town.
9.4
The owner of a parcel to which Fire Protection is provided, is liable for Fire Protection
Service Charges incurred. As such the Town may transfer to the tax roll of a parcel of land
all unpaid Fire Protection Service Charges and interest charges accrued one hundred and
twenty {120) days after the Fire Protection Service Charge has been levied.
9.5
Collection of unpaid Fire Protection Service 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 place on the property in respect of which the indebtedness is incurred.
10.- FIRE PERMITS:
10.1 Anyone wishing to set an Open Fire within the Town ofTrochu must first obtain a Fire
Permit from Kneehill County.
10.2 The Town shall attach such conditions to a Fire Permit issued pursuant to section 12.1 as
are necessary to comply with the Safety Codes Act RSA 2000, c. S-1, as amended, and this
Bylaw.
10.3 No person shall permit, suffer, or allow an Open Fire upon land owned, occupied, or
under control of that person within the Town without having obtained a valid Fire
Permit.
10.4 A Fire Permit holder shall ensure that any Fire authorized by the said Fire Permit is kept
under the control of a Responsible Adult and shall make reasonable efforts to secure
the area surrounding the fire from entry by unauthorized persons.
10.5 A Fire Permit is not required for:
a.
an Acceptable Fire Pit;
b.
the use of fireplaces, stoves and firepits that have been installed by or on behalf of
the Town in any campground or park that is owned or controlled by the Town
provided that:
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Fire Services Bylaw No. 2022-01; Page 9 of 19
I.
the receptacle meets the requirements of an Acceptable Fire Pit; and
II.
only clean, dry, and untreated wood or charcoal is burned, and without
limiting the generality of the foregoing, no Refuse or Waste is burned; and
Ill.
the Fire does not emit smoke or sparks onto neighboring property, or
otherwise create a nuisance or hazard to neighboring property; and
IV.
the Fire is supervised at all times, by a Responsible Adult until such time
that the Fire is extinguished.
11.-FIRE BANS, FIRE PITS AND OPEN FIRES:
11.1 The Fire Chief or CAO may issue Fire Bans as per "Schedule C" and when issued, every
person shall:
a.
immediately extinguish every Open Fire (even if a valid permit has been issued) and
Recreational Fire lit by them or under their authority and every Fire located on land
occupied or owned by them within the Town's boundaries affected by the Fire Ban;
and
b.
refrain from lighting an outdoor fire, structure fire, incinerator fire, smudge fire,
barbeque/fire pit, or portable appliance not fueled by propane or natural gas, during
a municipal Fire Ban.
11.2 The Fire Chief or Enforcement Officer shall have authority over all fires, regardless of type,
lit within the Town of Trochu, which may require that a fire be extinguished immediately.
Anyone who fails to comply is guilty of an offense as per "Schedule J".
11.3 A person shall, by demand of the Town, reimburse the Town for any costs incurred in
relation to a Fire the person is responsible for that is deemed by an Enforcement Officer,
or the Fire Chief at their discretion, to present danger to the public or to adjacent
property, and is required to be extinguished, controlled, or otherwise serviced by the Fire
Department, as per "Schedule A".
11.4 It shall not be an offence for the Fire Department to conduct any burning for the purpose
of fire prevention or training except when a Fire Ban is in effect unless written permission
is obtained from the CAO.
12. - REVIEW OF BUILDING CONSTRUCTION PLANS
Date
12.1 A Safety Codes Officer at the request of the developer or Development Authority is
authorized to review plans and inspect the construction of all new buildings and
structures, other than single family dwellings, to establish that the fire protection
facilities and equipment in the building comply with the Fire Code and all other
applicable fire-related regulations, codes, and standards.
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Fire Services Bylaw No. 2022-01; Page 10 of 19
13. -EVENT APPROVAL:
13.1 If the approval of the Fire Chief is required by any legislation, bylaw, or procedure for an
event to be permitted within the Town, the Fire Chief will review the details of the event
application and may:
a.
Refuse approval if the Fire Chief determines that the event is; or may become a
Fire Hazard; or
b.
Provide approval without condition; or
c.
Provide approval subject to the conditions and restrictions that they deem
necessary for safety and the prevention or the spread of fire.
13.2 If as a condition of event approval, the Fire Chief determines that additional event
inspections are required at any time before, during or after the event, the applicant may
be responsible to pay Fire Protection Service Charges as per "Schedule A".
14.- FIRE DEPARTMENT ACCESS
14.1 An owner(s) or owner's authorized agent must in relation to all property they own or
control:
a.
Ensure all designated fire lanes provided for Fire Department access routes on
private property are clear, and ready for use by Fire Department vehicles, at all
times; and
b.
Post signs in all fire lanes prohibiting parking with the wording, FIRE LANE - NO
PARKING; and
c.
Ensure that all fire lanes are designed to meet Fire Department response needs
and the operational requirements of Fire Department vehicles and apparatus; and
d.
Maintain Fire Department access routes in compliance with all applicable codes
and standards; and
e.
Ensure the address of the building is visible from the street frontage at all times;
and
f.
Provide directional signage for entrances not visible from the primary Fire
Department response point; and
g.
Maintain and keep corridors used by the public and exits free of obstructions; and
h.
Design, install, keep, maintain, and use devices on all required exit doors in
accordance with the Alberta Building Code.
15. - PROHIBITIONS:
15.1 No person shall cause a False Alarm.
15.2 No person shall fail to comply with a Fire Ban.
15.3 No person shall conduct any outdoor burning, unless the burning is conducted in a safe
manner and is supervised at all times by a Responsible Adult, until such a time that the Fire
has been extinguished.
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Fire Services Bylaw No. 2022-01; Page 11 of 19
Date
15.4 No person shall burn anything within 3 metres (10 feet) of any structure or combustible
material {this includes the use of gas fueled firepits or portable campfires).
15.5 No person shall conduct or cause to be conducted any burning in a park or any other
property owned or operated by the Town of Trochu, unless such burning occurs in a
container provided by the Town of Trochu for that purpose.
15.6 No person shall conduct any burning or light an outdoor fire when weather conditions such
as high winds are conducive to a fire readily escaping onto land other than their own.
15.7 No person shall conduct any burning or light an outdoor fire unless confined within an
Acceptable Fire Pit.
15.8 No person shall allow any fires they conduct or light to exceed 1 metre {3 feet) above the
fire pit/enclosure.
15.9 No person shall burn any refuse, waste, treated wood, or anything other than clean,
seasoned wood, charcoal, natural gas, or propane.
15.10 No person shall conduct an Open Fire without a Fire Permit issued by Kneehill County.
15.11 No person shall be conduct a fire that is deemed by the Enforcement Officer or Fire Chief or
designate to present a danger to the public or adjacent property.
15.12 No person shall fail to comply with an order issued by an Enforcement Officer, the Fire
Chief or designate.
15.13 No person shall obstruct, hinder or in any way impede any authorized representative of the
Town or Fire Department at any time during the execution of their duties pursuant this
Bylaw.
15.14 No person shall obstruct, hinder or in any way impede Fire Department Members and Fire
Department equipment or apparatus in the execution of their duties pursuant to this Bylaw.
15.15 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.
15.16 No person shall move any fire hose or drive a vehicle over any fire hose at any fire without
permission of the Incident Commander.
15.17 No person other than an employee of the Town of Trochu Public Works Department or a
Member of the Trochu Fire Department shall use any fire hydrant for the purpose of
obtaining or discharging water from such hydrant without first receiving written permission
from the Public Works Department or the Fire Chief.
15.18 No person shall obstruct or otherwise interfere with access roads, or streets, or other
approaches to any fire hydrants or bodies of water designated for firefighting purposes.
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Fire Services Bylaw No. 2022-01; Page 12 of 19
15.19 Any person who in any way obstructs, or refuses to admit a Safety Codes Officer, or
Enforcement Officer in, or upon any land, premises, yards, or buildings for the purpose of
investigating, or who incites or abets such action shall be considered in breach of this
Bylaw.
15.20 No person shall willfully or maliciously destroy or damage any Property, Apparatus or
Equipment belonging to the Service.
15.21 No person shall wear, use, or have in their possession or under their control any official
badge, identification, or uniform of the Fire Department without express written consent of
the Fire Chief.
15.22 No person shall falsely represent themselves as an employee, a member of, or connected
with the Fire Department.
15.23 No person shall falsely state to have the ability to sanction the Fire Department in soliciting
any person, agency, society, or company on any matter.
15.24 Any person who refuses to provide any information required under this Bylaw when
requested shall be in breach of this Bylaw.
15.25 No person shall allow his or her property, whether owned or occupied, or occupied public
land to become a fire hazard through:
a.
the accumulation of combustible materials; or
b.
lack of maintenance to the property or the structures upon it; or
c.
any contravention of Municipal, Provincial, or Federal regulations.
16.PENALTIES:
16.1 Any person violating a provision of this Bylaw is guilty of an offence and is liable to pay the
amount as set out in "Schedule J".
17. - ENFORCEMENT:
Date
17.1 An Enforcement Officer is hereby authorized and empowered to issue a Remedial Order,
a Municipal, or a Violation Ticket, or a combination thereof to any person, whom the
Enforcement Officer has reasonable grounds to believe has contravened any provision of
this Bylaw.
17 .2 An Enforcement Officer may, for the purpose of ensuring that the provisions of this Bylaw
are being complied with, enter in or upon any Property, in accordance with Section 542
of the Municipal Government Act, to carry out an inspection, enforcement or other action
required or authorized by this Bylaw, the Municipal Government Act, or other statute.
17.3 When exercising their authority to enter onto Property for inspection or enforcement, an
Enforcement Officer shall provide the owner or occupant of the Property with reasonable
notice as required by the Municipal Government
t.
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Fire Services Bylaw No. 2022-01; Page 13 of 19
17.4 If a Municipal Tag or Violation Ticket is issued in respect of an offence, the person may
pay the penalty amount as per the amount specified on or before the required date to
avoid further prosecution for the offence.
18. - DEEMED SERVED:
Date
18.1 A Municipal Tag issued by an Enforcement Officer pursuant to any of the provisions of this
Bylaw shall be deemed to have been duly given and served on the person whom it is
addressed:
a.
by being personally delivered to the person named on the Municipal Tag; or
b.
upon sending the Municipal Tag by regular mail to the address as is shown on the
assessment roll. A Municipal Tag will be considered served after 5 (five) business days
upon mailing.
18.2 A Remedial Order issued by an Enforcement Officer pursuant to any of the provisions of this
Bylaw shall be deemed to have been duly given and served on the person whom it is
addressed:
a.
being personally delivered to the person named on the Remedial Order; or
b.
upon sending the Remedial Order by regular mail to the address as is shown on the
assessment roll. A Remedial Order will be considered served after 5 (five) business
days upon mailing; or
c.
upon being posted on a conspicuous place on the property that is in contravention.
18.3 A Violation Ticket issued by an Enforcement Officer pursuant to any of the provisions of this
Bylaw shall be deemed to have been duly given and served:
a.
on the Person to whom it is addressed pursuant to the Provincial Offences
Procedures Act or;
b.
swearing an Information and Complaint against the person; or
c.
by leaving a copy for such person at his/her residence with an individual at the
residence who appears to be at least 18 years of age, and such service shall be
adequate for the purposes of this Bylaw.
18.4 A Violation Ticket may be served on a corporation, either:
a.
by sending it by registered mail to the registered office of the corporation. A
Violation Ticket will be considered served after 5 (five) business days upon mailing; or
b.
by delivering it personally to the manager, secretary or other executive officer of the
corporation or the person apparently in charge of a branch office of the corporation
at an address held out by the corporation to be its address, and such service shall be
adequate for the purposes of this Bylaw.
18.5 This Section does not prevent an Enforcement Officer from issuing a Violation Ticket
requiring a Court appearance by the defendant in accordance with the Provincial Offences
Procedures Act.
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Fire Services Bylaw No. 2022-01; Page 14 of 19
19. - RECOVERY OF ENFORCEMENT COSTS:
19.1 The expenses incurred by the Town and Fire Department in carrying out enforcement
action pursuant to this Bylaw constitutes a debt owing to the Town from the person
responsible for the Bylaw contravention and may be collected by civil action for debt in a
court of competent jurisdiction, in accordance with the Municipal Government Act.
19.2 In the event of the Town carrying out enforcement action pursuant to a Remedial Order,
the CAO is responsible for sending a demand for payment of enforcement expenses
incurred by the Town to the owner of the property where the infraction took place and if
the owner fails to pay the enforcement expenses incurred by the Town within the time
frame set out in the demand for payment, the CAO shall place the unpaid expense amount
onto the tax roll of the subject property and that amount:
a.
is deemed to for all purposes to be a tax imposed under Division 2 of Part 10 of the
Municipal Government Act from the date it was added to the tax roll; and
b.
forms a special lien against the Land in favor of the Town from the date it was added
to the tax roll for the Land, in' accordance with the Municipal Government Act.
20. -JURISDICTION:
20.1 The limits of the jurisdiction of the Fire Department will extend to the areas and boundaries
indicated within the lntermunicipal Fire Services Agreement, and no part of the fire
apparatus or service shall be used beyond these limits without the express authority of a
written contract, or a mutual aid agreement approved by Council or the CAO.
21. - LIABILITY:
21.1 The CAO and designate, Enforcement Officers, the Fire Chief and all Members of the Fire
Department are not liable for loss or damage caused by anything said or done, or omitted
to be done, in the performance or intended performance of their functions, duties, or
powers assigned by this Bylaw, unless the circumstances constitute dishonesty, gross
negligence, or willful misconduct.
22. - INTERPRETATION:
22.1 Should a provision of this Bylaw conflict with a provision of the lntermunicipal Fire Services
Agreement, the provisions of the lntermunicipal Fire Services Agreement shall prevail.
22.2 Wherever a provision of this Bylaw is at variance with each other, the more restrictive of
the two (2) provisions shall apply.
22.3 Wherever a provision of this Bylaw conflicts with a provision of another Bylaw of the Town,
the provision of this Bylaw shall apply.
Date ljhi/;1 ,;;,
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Fire Services Bylaw No. 2022-01; Page 15 of 19
23. - SEVERABILITY:
23.1 If any Section or parts of this Bylaw are found in any court of law to be illegal, or otherwise
invalid and beyond the power of Council to enact, such Section or parts shall be deemed to
be severable and all other Section or parts of this Bylaw shall be deemed to be separate and
independent there from and to be enacted as such.
24. - GENERAL PROVISIONS:
24.1 Where the singular and/or masculine are herein used, the plural and feminine should also
be inferred where appropriate.
25 .. - REPEAL:
25.1 Upon the passing of this bylaw, Bylaw No. 1993-02 is repealed in its entirety.
26.- ENACTMENT:
26.1 Bylaw No. 2022-01 shall come into full force and effect when it receives third reading and
final reading and is duly signed.
READ a first time this // t/ day of ġ
READ a second time this // tJ day of ,$if'
I 2022,
, 2022 .
UNANIMOUS permission for third reading given in Council on this . t:4
//
day of Ģ , 2022
READ a third time this
Mayor
Chief A
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Fire Services Bylaw No. 2022-01; Page 16 of 19
BYLAW NO. 2022-01
"SCHEDULE A"
FIRE PROTECTION SERVICE CHARGES
A.1
Fire and Emergency Apparatus will be billed as per the current Alberta Transportation rates,
except for mutual aid apparatus, which will be billed for at the responding agency's mutual aid
rate.
A.2
Any fire or emergency related costs that are considered eligible expenses provided within the
lntermunicipal Fire Services Agreement, any Mutual Aid Agreements, any other agreements, or
legislation may billed as per agreements and legislation.
A.3
Any other fire related cost including, but not limited to, heavy equipment, private water haulers,
specialty equipment and investigative costs may be billed at the Town's cost for providing the
service.
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Fire Services Bylaw No. 2022-01; Page 17 of 19
Guidelines for a backyard Fire Pit.
Your backyard fire pit must:
BYLAW NO. 2022-01
"SCHEDULE B"
ACCEPTABLE FIRE PIT
-
Be at least 3 metres (10 feet) from buildings, property lines and anything else that could catch
fire
-
Not more than 0.6 metres (2 feet) high
-
Not more than 1 metre (3 feet) wide
-
Have enclosed sides made from bricks, concrete or heavy-gauge metal
Burning the Proper Fuels
The only things that can be burned in an outdoor fire pit are:
-
Clean (non-treated), dry wood
-
Charcoal
-
Preservative-free wood or wood products
Burning yard waste, garbage, paper, or anything that might create too much smoke or toxic smoke is
prohibited. Never burn old pallets, treated lumber or plywood
openings
in spark
arrestor no
larger than
1.25 cm
-------- max. 1 m ----------4
-
max.
60 cm
high
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Fire Services Bylaw No. 2022-01; Page 18 of 19
BYLAW NO. 2022-01
"SCHEDULE C"
ALBERTA FIRE BAN SYSTEM - APPROVED ACTIVITIES
NO RESTRICTION
Fire permits are required during fire season for any type of burning In the FPA, except campfires. Safe campfires are
allowed In campgrounds and backcountry or random camping areas.
@_FIR_E_A_DV_ISO_R_VL--\
The fire hazard rating has increased. Fire permits may be restricted. Safe campfires are allowed In campgrounds and
backcountry or random camping areas, but this level ls a warning they may be restricted if the situation doesn't Improve.
-
FIRE RESTRICTION
Safe campfires are allowed In fire rings In campgrounds only. No campfires (or other open fires) or charcoal IJrlquettes
are alloweo In backcountry or random camping areas. Gas or propane stoves/barbeques and portable propane fire pits
are allowed.
Fire permits may be suspended or cancelled and no new fire permits will be Issued. If the situation continues to worsen,
Alberta Agriculture and Forestry will put on a fire ban.
FIRE BAN
No campfires (or other open fires) are allowed In campgrounds or backcountry and random camping areas. This
Includes charcoal briquettes. Gas or propane stoves/barbeques and portable propane fire pits are allowed. All fire
permits are suspended or cancelled and no new fire permits will be Issued.
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Fire Services Bylaw No. 2022-01; Page 19 of 19