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WESTLOCK COUNTYBYLAWNO. 56-2024
W85t[0C
WESTLOCK,ALBERTA
COUNTY
growing
opportunity
Being a Bylawof Westlock County in the Province of Alberta for the purpose of establishing ?re
services, recovering ?re protection charges, and providing a permitting system for ?res and
?reworks.
WHEREAS the MunicipalGovernmentAct provides that a council may pass bylaws respecting:
a) the safety, health, and welfare of people and the protection of people and property;
b) services provided by or on behalf of the municipality;and
c) the enforcement of bylaws.
AND WHEREAS, the MunicipalGovernmentActfurther provides that a municipalitymay pass
bylaws to regulate, prohibit, and impose a system of licenses,permits, or approvals and may
collect, pursuant to a bylaw, costs and expenses incurred by the municipalityfor extinguishing
?res;
AND WHEREAS, the Forest and Prairie Protection Act provides that the council of a municipal
district is responsible for ?ghting and controlling all?res withinthe boundaries of the municipal
district, other than areas contained in a forest protection area;
AND WHEREAS, the NationalFire Code
-- 2019 Alberta Editioncontemplates that municipalities
willregulate the use, sale, and stdrage of ?reworks within their jurisdiction;
AND WHEREAS, Westlock County wishes to provide for the prevention and control of ?res within
its boundaries;
AND WHEREAS, Section 28 of VehicleEquipment Regulation, Alta Reg 122/2009, provides that a
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1.0
TITLE:
1.1
2.0
DEFINITIONS:
2.1
2.2
PART I - DEFINITIONS AND INTERPRETATION
This Bylawshall be referred to as the "FireBylaw."
"Acceptable Burning Barrel" means an outdoor receptacle that meets the following
speci?cations:
2.1.1
2.1.2
2.1.3
2.1.4
non-combustible structure or container that has draft holes not larger than
sixteen (16) millimetersin diameter;
equipped with a heavy gauge metal screen to contain sparks over the ?re at
all times, with a mesh size not greater than seven (7) millimetressecured in
place with latches or weights;
is not located over underground utilityservices or below above ground
wires; and
is located a minimum of ?ve (5) meters from buildings, property lines, and
combustible materials.
"Acceptable Fire Pit"means an outdoor receptacle that meets the following
speci?cations:
2.2.1
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
2.2.7
is fullyenclosed on all sides and constructed entirely from bricks,concrete
blocks,heavy gauge metal, or other non-combustible materials acceptable to
the Manager;
height does not exceed sixty (60) centimetres when measured from the
surrounding grade to the top of the pit covering;
opening does not exceed one (1) metre in width or in diameter when
measured between the widest points or outside edges;
is set upon or built into the bare ground or on a non--combustiblematerial
such as brick,stone, or concrete;
is not located over any underground utilities;
is a minimum of one (1) metre laterally and ?ve (5) metres vertically from
any aboveground wires;
Ensure a minimum of three (3) meter clearance, measured from the nearest
?re pit edge, is maintained from buildings, property lines,or other combustible
material; and,
2.4
2.5
2.6
2.7
2.8
2 9
2.10
2.11
2.12
2.13
2.14
2.15
2.3.3
the ?replace is equipped with a chimney which is not less than two-and-a-
half (2.5) metres in height when measured from the base of the ?re burning
area;
2.3.4
the ?replace chimney is equipped with a regulation screen designed to
contain and reduce hazards of airborne sparks;
2.3.5
the base of the ?re burning area is not less than 0.30 metres above the
surrounding grade;
2.3.6
the ?re chamber does not exceed 1.25 metres in width, and is at least 0.40
metres but not more than 0.60 metres in depth; and,
2.3.7
as may otherwise be determined by the Manager having regard to health,
safety, hazards, and risk.
"Apparatus" means any vehicle provided with machinery, devices, Equipment, or
materials for ?re?ghting operated by or for Fire Services whether that vehicle
operates on land, in the air, or on the water.
"Backcountry Fire Pit"means an outdoor mobilereceptacle, or non-compliant?re pit,
whichis used on, publiclands controlled by the County, or unsupervised campgrounds
for the purposes of cookingor obtaining warmth, fueled solely by dry wood.
"Burnable Debris"has the same meaning given to it in the Substance Release
Regulation and includes cardboard and paper products.
"Burning Hazard"has the same meaning given to it in the Forest and Prairie
Protection Act.
"CAO"means the person appointed by Councilas ChiefAdministrativeOf?cer for
Westlock County.
"Council"means the duly elected councilof Westlock County.
"County"means the municipalityof Westlock County.
"DistrictFire Chief"means the individualappointed as the head of respective district
Fire Services, or their designate.
"Equipment" means any tools, contrivances, devices, or materials used by Fire
Services to combat an Incident or other emergency.
"ExplodingTarget" includes an incendiary target, binary target, and any container
that contains an explosive substance.
"False Alarm"means any noti?cation, by whatever means received, to Fire Services
respecting the existence of a condition,circumstance, ?re, or other event containing
an imminent, serious danger to Persons or Property, wherein such condition,
circumstance, ?re or other event does not, in fact, exist.
"Fire Advisory" means an increased Fire Hazard rating for the purpose of ?re
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.29
2.17.2 an individualdeemed to be a ?re guardian under the Forest and Prairie
Protection Act.
"Fire Hazard" has the same meaning given to it in the Forest and Prairie Protection
Act.
"Fire Permit" means a permit issued by an individualauthorized by the County to do
so pursuant to this Bylaw, authorizing the setting of a speci?c type of ?re, and
includes a ?re permit issued by a Fire Guardian pursuant to the Forest and Prairie
Protection Act. A Fire Permit may also authorize the sale, purchase, possession,
handling, discharge, ?ring, or setting off of Fireworks in the County.
"Fire Protection"includes any of the services enumerated in Section 4.0 of this
Bylawand includes any other services delivered by or for Fire Services that is
authorized by Council.
"Fire Protection Charges" means all rates, fees, and charges payable for, or in
connection with, Fire Services in providing Fire Protection withinand outside the
County'sboundariesas prescribed in Schedule "A"of this Bylaw.
"Fire Restriction"means an order issued pursuant to this Bylawby the County for
the purpose of ?re prevention and cessation of all or some Fire Permits, at the
discretion of the Manager, for the duration of the restriction.
"Fire Services"means the County'sFire Service and includes any ?re department
providing Fire Protection withinthe County pursuant to a Fire Services agreement
with the County and shall includeall Members and Fire Services Property.
"Fire Services Property" means all real and Personal Property owned or controlled
by Fire Services and designated for use by Fire Services including but not limitedto
Apparatus, Equipment, and ?re stations.
"Fireworks"means the pyrotechnics classi?ed as ?reworks pursuant to the
ExplosivesAct and its Regulations, includingconsumer ?reworks, display ?reworks
and special effect pyrotechnics, but does not include?recrackers or explosive
devices.
"Forest Protection Area" means an area of Alberta designated as a forest protection
area by regulation of the Lieutenant Governor in Council passed pursuant to the
Forest and Prairie Protection Act.
"Hamlet" means an unincorporated community designated as a Hamlet pursuant to
Section 590 (1) of the MunicipalGovernment Act.
"Incident" includes a ?re or any situation where a ?re or explosion is imminent or
any other emergency where there is a danger or possible danger to life or Property.
"Manager" means the Manager of Protective Services for the County, or their
designate.
El
2.33
2.34
2.35
2.36
2.37
2.38
2.39
2.40
2.41
2.42
2.43
"Nuisance False Alarm" means more than one (1) false alarm on a parcel of land
withina calendar year; or a false alarm from an alarm system where it's Alberta Fire
Code certi?cation is more than ninety (90) days expired.
"Occupant" means any Person that is in possession, control or occupation of
Property including,but not limitedto, the holder(s) of an easement or right-of--way.
"Off Highway Vehicle"or "OHV"means any motorized mode of transportation built
for cross-country travel on land, water, snow, ice, marsh or swamp land or any other
terrain and, without limiting the generality of the foregoing, includes, when
speci?callydesigned for such travel:
2.35.1 4-wheel drive vehicles;
2.35.2 Low pressure tire vehicles;
2.35.3 Motorcyclesand related 2--wheelvehicles;
2.35.4 Amphibiousmachines;
2.35.5 Ail--terrainvehicles;
2.35.6 Miniature motor vehicles;
2.35.7 Snow vehicles;
2.35.8 Minibikes;and,
2.35.9 Any other means of transportation that is propelled by any power other than
muscular power or wind.
"Open Fire"means any ?re which is not a burn barrel, incinerator ?re, a pit ?re,
smudge ?re or running ?re, and which includes but is not limitedto grass, forest
and brush ?res, structure ?res, building?res, wood scrap ?res, ground thawing ?res
and chattel ?res.
"Owner" means any Person listed on title as the registered owner of Property at the
LandTitles Of?ce.
"Peace Of?cer" has the same meaning given to it in the ProvincialOffences
Procedures Act.
"Peat" means peat,
peat soil, peat bog, peat land, mire or any other form of
sedentarily accumulated material consisting of decomposing and/ordead organic
material.
"Person" includes any individual,?rm, partnership, or body corporate.
"Prohibited Debris" has the same meaning given to it in the Substance Release
Regulation.
"Property" means any real or personal property.
"Recreational Fire"means a ?re con?ned withinan Acceptable Fire Pit or Acceptable
Fireplace,which is litfor the purpose of cooking, obtaining warmth, or viewing for
pleasure and is fueled solely by dry wood, charcoal, natural gas, or propane.
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3.0
RULES OF INTERPRETATION:
3.1
The headings in this Bylaware for guidance purposes and convenience only.
3.2
Every provision in this Bylawis independent of all other provisions and if any
provision of this Bylawis declared invalidfor any reason by a Court of competent
jurisdiction, all other provisions of this Bylawshall remain valid and enforceable.
3.3
In this Bylaw, a citation of, or reference to, any act or regulation of the Province of
Alberta or of Canada, or of any other bylaw of the County, is a citation of or
reference to that act, regulation, or bylaw as amended, whether amended before or
after the commencement of the act, regulation, or bylaw in which the citation or
reference occurs.
3.4
Nothing in this Bylawrelieves a Person from complyingwith any provision of any
provincialor federal legislation or regulation, other bylaw or any requirement of any
lawfulpermit, order, or licence.
PART II
-- FIRE SERVICES
4.0
FIRE SERVICES:
4.1
Councilhereby establishes Fire Services in the County for the purpose of:
4.1.1
preventing and extinguishing ?res;
4.1.2
investigating the origin, cause, and circumstances of Incidents;
4.1.3
preserving lifeand Property and protecting Persons and Property from injury
or destruction by ?re;
4.1.4
preventing prairie or running ?res and enforcing the provisions of the Forest
and Prairie Protection Act;
4.1.5
preventing, combating, responding to, and controlling Incidents;
4.1.6
carrying out preventable controls;
4.1.7
providingrescue services;
4.1.8
conducting pre-?re planning and ?re inspections;
4.1.9
providing publiceducation and information regarding ?re safety;
4.1.10 providing any other emergency response as may be authorized by the
County'spolicyor applicable legislation; and,
4.1.11 enforcing any County ?re bylaws or policies.
4.2
The County may provide for the delivery of the services listed in Section 4.1 by
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5.0
AUTHORITY & RESPONSIBILITY:
5.1
Authority and Responsibilityof the Manager:
5.1.1
The Manager shall be appointed by and report to the CA0.
5.1.2
The Manager shall be responsible for managing the overall delivery of Fire
Services, subject to:
i.
this Bylaw;
ii.
all applicable County policies;
iii.
the direction of the CAD;and,
iv.
any agreements the County has with other municipalitiesor other
entities, however constituted, that provide Fire Protection in the
County.
5.1.3
The Manager is authorized to delegate, and to authorize further delegations
of any powers, duties and functions delegated to the Manager by the CA0
under this Bylaw.
5.2
Authorityand Responsibilityof a District Fire Chief:
5.2.1
A District Fire Chiefshall be responsible to the Manager for the performance
of their duties pursuant to this Bylawand all applicable County policies.
5.2.2
Subject to approval by the Manager, a District Fire Chiefmay prescribe
rules, regulations, and policiesfor the ongoing organization, administration,
and day-to--dayoperation of Fire Services, including but not limitedto:
i.
use, care, maintenance, and protection of Fire Services Property;
ii.
the appointment, recruitment, conduct, discipline,duties,
training, and responsibilities of Members;
iii.
the ef?cient operation of Fire Services; and,
iv.
such other functions, powers and responsibilitiesas the Manager
or CAOmay prescribe.
5.3
Authority and Responsibilityof Members:
5.3.1
Members are responsible to a District Fire Chieffor the performance of their
duties pursuant to this Bylawand applicable County policies.
5.4
Authorityand Responsibilityof Member in Charge:
5.4.1
The Member in Charge at an Incident shall have control,direction,and
management of all Apparatus, Equipment, and manpower assigned to that
Incident and shall continue to act as the Member in Charge until relieved by
another Memberauthorized to do 50.
5.4.2
The Member in Charge shall act as deemed necessary for preserving lifeand
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iv.
vi.
vii.
request Peace Of?cers to enforce restrictions on Persons entering
withinthe boundaries or limitsoutlined in Subsection 5.4.2.ii;
cause a building,structure, or thing to be pulleddown,
demolished,or otherwise removed;
secure County manpower and Equipment which is considered
necessary to deal with an Incident;
secure or commandeer privately owned Equipment which is
considered necessary to deal with an Incident and authorize
payment for use of the Equipment;
require any adult Person who is not a Member to assist in:
. extinguishinga ?re or preventing the spread thereof;
. removing furniture, goods, and merchandise from any
buildingor structure on ?re or in danger, and in guarding and
securing the same; and,
. demolishinga building or structure at or near the ?re or other
Incident.
5.5
Appointment and Powers of Fire Guardians:
5.5.1
Councildelegates its authority to appoint FireGuardians under the Forest
and Prairie Protection Act to the CADin accordance with Section 203 of the
MunicipalGovernment Act.
Fire Guardians shall have the authority and power to:
5.5.2
/.
iv.
exercise all powersprescribed for Fire Guardians under the Forest
and Prairie Protection Act;
issue Fire Permits in accordance with this Bylaw;
issue a Fire Permit unconditionallyor to impose any conditions on
the Permit that the Fire Guardian considers appropriate, in their
sole discretion,given the nature of the ?re and prevailing
circumstances, location,and environmental conditions;
suspend or cancel a Fire Permit at any time; and,
refuse to issue a Fire Permit where, in the opinion of the Fire
Guardian,there is a riskto the publicin relation to the proposed
?re.
PART III
-- FIRES AND FIRE PERMITS
6.0
PERMITTED& PROHIBITED FIRES:
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6.4
6.5
within a Hamlet,Multi-LotResidentialArea, or the Country Residential Estate (CR2)
Districtas de?ned in the Land Use Bylaw, unless the ?re is a Recreational Fire.
A Fire Permit is not required under this Bylawfor:
6.4.1
a ?re in an AcceptableBurning Barrelwhich is litfor the purpose of burning
household refuse or other Burnable Debris;
6.4.2
a ?re in an AcceptableFire Pit or Acceptable Fireplace;
6.4.3
a Recreational Fire;
6.4.4
a Smudge Fire;
provided that:
i.
the ?re is kept under control and supervised at all times by a
responsible adult until such time that the ?re has been
completely extinguished; and,
ii.
?ame height does not exceed ninety (90) centimetres above the
structure or container.
This Bylawdoes not apply to:
6.5.1
an outdoor ?re lit by Fire Services for training or preventive control
purposes;
6.5.2
an outdoor ?re that is a ?are stack used in the petroleum industry;
6.5.3
an outdoor ?re prescribed by regulations under the Forest and Prairie
Protection Act; or,
6.5.4
a ?re con?ned to an incinerator regulated under the Environmental
Protection and Enhancement Act.
7.0
FIRE PERMITS:
7.1
7.2
7.3
7.4
Fire Permits are required throughout the entire year.
An application for a Fire Permit shall be made on the form approved by the
Manager, and may be amended from time to time.
A Fire Permit shall only be valid for the time period expressly indicated on the Fire
Permit, as determined by the Fire Guardian issuing the permit at their sole
discretion, having regard for the nature and purpose of the ?re, and prevailing
circumstances and environmental conditions.
'
The CAO,Manager, a District Fire Chief,a Fire Guardian, or a Peace Of?cer may, in
their sole discretion,terminate, suspend, or cancel a Fire Permit at any time. Upon
receiving noti?cation of termination, suspension, or cancellation of the Fire Permit,
the Fire Permit holder shall immediately extinguish any ?re set pursuant to the Fire
Permit. Noti?cation of cancellation may be made by telephone, in writing, or in
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8.2
An application must provide the name, address, and phone number of the applicant,
the name, address, and phone number of the property owner where the Peat is to be
burnt, and a description of the material whichthe applicant proposes to burn.
8.3
Only one Fire Permit for burning Peat willbe issued per applicant in any calendar
yean
8.4
No more than ?ve (5) Fire Permits for the burning of Peat shall be issued withineach
electoral divisionof the County in a given calendar year.
8.5
No two (2) Fire Permits for burning Peat willbe issued unless there is a minimum four
(4) mile radius between successful Fire Permit applicants.
8.6
No Fire Permit willbe issued to burn any Peat pilewithinone hundred (100) feet of
any intersection or County road, within?ve hundred (500) feet of an occupied
dwelling, or withinone (1) mile of a Provincialhighway.
8.7
If more than one (1) applicant is applyingto burn Peat withina four (4) mile radius,
or if more than ?ve (5) applications are received within an electoral divisionthat fall
outside the four (4) mile radius, a draw willbe conducted by the Manager. Each
applicant willbe noti?ed of the time and date of the draw and willhave the option to
attend.
8.7.1
Applicantsnot successful in a draw in any given year may be given preference
the followingyear, provided they have not been in contravention of any of the
provisions of this Bylawwithin the past twelve (12) months.
8.8
Successful applicants willhave the option to defer an approved Fire Permit for a
period of one (1) year. If an applicant defers, another Fire Permit may be issued
withinthat electoral divisionprovided it meets allthe provisions outlined.
8.9
Beforea Fire Permit is issued for burning Peat the applicant must provide proof of
$2,000,000.00 publicliabilityinsurance.
8.10 A public notice willbe issued annually as to the legal land location of all successful
applicants for a Fire Permit to burn Peat.
8.11 Fire Permits authorizing Peat burning shall only be issued between July 1Stand August
315'.
8.12 Priorto issuing a Fire Permit for Peat burning, the Manager willreview the application
and conduct a site inspection to determine whether the site is suitable for burning
and that the Peat piles fall within the guidelines set forth.
8.13 The Manager may stipulate on the Fire Permit any special conditions with which the
applicant must comply with in addition to those standard conditions noted therein.
8.14 A Fire Permit for burning Peat willbe issued for thirty (30) days and may be extended
for a maximum of an additional twenty-one (21) days with approval from the
Manager. An adequate drying time of no less than two (2) years is required before
ii.
Have a one hundred (100) foot ?reguard spacing between each
pile.
9.0
PERMIT HOLDER RESPONSIBILITIES:
9.1
Every Person who sets a ?re under authority of a Fire Permit shall:
9.1.1
comply with any terms or conditions of the permit;
9.1.2
keep the permit at the site of the ?re;
9.1.3
produce the permit to a Fire Guardian,the CA0, the Manager, a Member,or
a Peace Of?cer, upon request;
9.1.4
have a responsible adult in attendance at the ?re at all times under the
conditions as listed in the Fire Permit;
9.1.5
keep the ?re under control;
9.1.6
not allow smoke or sparks to drift or othen/visecreate a nuisance or hazard
to neighbouring Property, Persons, or roadways;
9.1.7
completely extinguish the ?re before expiration of the permit or upon
cancellation of the permit; and,
9.1.8
be responsible for any costs incurred by the Fire Services when called upon
to extinguish such ?re if, in the opinion of the Manager, as the case may be,
the ?re is a hazard to Persons or Property.
10.0 FIREWORKS:
10.1
No Person shall sell, purchase, possess, handle, discharge, ?re or set off Fireworks
within the County unless they hold a valid and subsisting Fire Permit.
10.2
An applicationfor a Fire Permit shall be made in writing onthe form approved by
the Manager, and may be amended from time to time.
10.3
The issuance of a Fire Permit shall be at the sole discretion of the Manager.
10.4
No Person under the age of eighteen (18) years old shall apply for a Fire Permit.
10.5
The Manager may add conditions to a Fire Permit, including but not limitedto:
10.5.1 the time(s) and date(s) for which the Fire Permit is valid;
10.5.2 the storage and methods of storage of Fireworks;
10.5.3 the location(s) where the Fireworksmay be discharged; and,
10.5.4 the activity that the Fire Permit authorizes.
10.6
A Fire Permit may includeany further terms and conditions that the Manager deems
necessary for the safe sale or use of the Fireworks.
10.10
10.11
followingnon-exhaustive list of circumstances may result in a Fire Permit being
revoked:
10.9.1 non--compliancewith the National Fire Code
-- 2019 Alberta Edition,the
ExplosivesAct,this Bylaw, or the terms and conditions of the Fire Permit;
10.9.2 due to changes in environmental conditions;
10.9.3 for any reason related to safety to life,limb,or Property.
No Person shall have in their possession, sell, offer for sale, give away or otherwise
distribute,discharge, ?re, or set off ?recrackers withinthe County.
The sale, purchase, possession, handling, and discharge of Fireworksshall always
be carried out in compliancewith the ExplosivesAct and the National Fire Code
--
2019 Alberta Edition.
PART IV - FIRE RESTRICTIONS AND BANS
11.0 FIRE RESTRICTION:
11.1
11.2
11.3
11.4
11.5
The Manager may, from time to time, prohibit the issuance of any new Fire Permits
and suspend all active Fire Permits when, in the opinion the Manager, the prevailing
environmental conditions give rise to an increased riskof a ?re running out of
control.
A Fire Restriction imposed pursuant to Section 11.1 shall remain in force untileither
the date provided in the notice of the Fire Restriction or until such time as the
Manager provides notice to the publicthat the Fire Restriction is no longer in effect.
Notice of a Fire Restriction shall be provided to the public. Notice may be in the
form of signage, through a publicservice message on the local radio stations, or by
any other means which the Manager determines is appropriate for the purpose of
informingthe publicof the Fire Restriction.
When a Fire Restriction is in place, Fire Permits may be issued at the sole discretion
of the Manager.
When a Fire Restriction is in place, no Person shall ignite any ?re or unless the ?re
is exempt from requiring a Fire Permit.
12.0 FIRE BAN:
12.1
The Manager may prohibit all ?res in the County when, in the opinion the Manager,
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other means which the Manager determines is appropriate for the purpose of
informingthe publicof the Fire Ban.
12.5
Subject to Section 12.6, when a Fire Ban is in place, no Person shall ignite any ?re,
whether or not the Person is the holder of a Fire Permit, and shall immediately
extinguish any ?re litonce the Person knows or ought reasonably to know of the
Fire Ban.
12.6
During a Fire Ban a Person may, subject to the requirements of this Bylaw,and
unless the notice of the Fire Ban provides otherwise, use a barbeque that burns
propane, natural gas, compressed briquettes, wood pellets or charcoal, provided
that the barbeque is used for the purpose of cooking or obtaining warmth and is
used on private Property or in a publicarea that has been approved by the County
for the use of such barbecues.
13.0 REQUIREMENT
TO REPORT:
13.1
The Owner of any Property damaged by ?re shall immediately report the particulars
of such ?re to the Manager.
PART V
-- COST RECOVERY
14.0 FIRE PROTECTION CHARGES:
14.1
Upon Fire Services providing Fire Protection on a parcel of land withinthe County's
boundaries,the County may, in its sole and absolute discretion,charge Fire
Protection Charges to any or all of the followingPersons, namely:
14.1.1 the Person or Persons causing or contributing to the ?re;
14.1.2 the Occupant of the parcel of land on which Fire Protection was provided;
14.1.3 the Owner of the parcel of land which Fire Protection was provided;
14.1.4 the Person with control over the parcel of land on which Fire Protection was
provided,which may include,without restriction, a Property manager; and
14.1.5 the Person or Persons who requested Fire Protection;
and all Persons charged are jointly and severally liablefor payment of the Fire
Protection Charges to the County.
14.2
Fire Protection Charges shall be paid withinthirty (30) days of receipt of an invoice.
14.3
Collectionof unpaid Fire Protection Charges may be undertaken by civilaction in a
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14.5
Notwithstandingthe provisions of Sections 14.1, 14.2, and 14.3, the County may
elect to recover Fire Protection Charges from any Persons responsible for those
charges pursuant to the Forest and Prairie Protection Act.
14.6
A Person who has damaged or destroyed any Apparatus, Equipment or Fire Services
Property shall, in addition to any penalty imposed to in this Bylaw,be liablefor, and
pay upon demand, all costs incurred by the County to repair or replace the
Apparatus, Equipment, or Fire Services Property in question.
15.0 SERVICE FEES 81CHARGES:
15.1
The County may establish and levy fees and charges for services, including but not
limitedto:
15.1.1 fees for responding to an Incident;
15.1.2 Fire Permit and application fees;
15.1.3 site inspection fees;
15.1.4 ?re investigation fees; and,
15.1.5 fees for ?le searches and copying records.
15.2
The fees and charges described in this section shall be a debt due and owing to the
County and collectionof unpaid fees and charges may be undertaken by civilaction
in a court of competent jurisdiction.
PART VI - ENFORCEMENT
16.0 INSPECTION & ENFORCEMENT:
16.1
Where a parcel of land does not comply with this Bylawor a Person contravenes
this Bylaw,the County may pursue its enforcement alternatives in accordance with
this Bylaw, any enactment or any common law right, includingissuing an order to
remedy contraventions or dangers, remedying contraventions or dangers by the
County, adding amounts to the tax rollof the Owner of the parcel, and pursuing
injunctions pursuant to the MunicipalGovernmentAct.
16.2
The Manager is authorized to carry out inspections of land and structures, issue
orders, remedy conditions and contraventions, and enforce this Bylawin accordance
with the Muniapa/ Government Act.
17.0 OFFENCES:
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17.1.6 light a ?re or allowa ?re to be lit unless they are a holder of a valid Fire
Permit if required under this Bylawor the Forest and Prairie Protect/on Actor
both;
17.1.7 light Fireworksor allow Fireworksto be lit unless they are a holder of a valid
Fire Permit under this Bylaw;
17.1.8 provide false, incomplete, or misleading information to the CA0, Manager, a
Fire Guardian, DistrictFire Chief, or a Peace Of?cer with respect to a ?re or
a permit application;
17.1.9 light a ?re on any land not the Person'sown without the written consent of
the Owner of the land;
,
17.1.10 permit a ?re lit by that Person to pass from their own land to the land of
another Person;
17.1.11 light a ?re without ?rst taking suf?cient precautions to ensure that the ?re
can be kept under control at all times;
17.1.12 conduct any activity that might reasonably be expected to cause a ?re
unless that Person exercises reasonable care to prevent a ?re from
occurring;
17.1.13 conduct any activity that involves the use of a ?re, where smoke produced
by the ?re may impede visibilityof vehicular and pedestrian traf?c on any
road or highway;
17.1.14 light a ?re on lands owned or controlled by the County except with the
County'sexpress written consent;
17.1.15 cause Nuisance False Alarmsat anytime; or,
17.1.16 operate an OHVon lands owned or controlled by the County during a ?re
restriction/banunless authorized by the CA0 or their designate.
18.0 VICARIOUS LIABILITY:
18.1
For the purposes of this Bylaw, an act or omission by an employee or agent of a
Person is deemed also to be an act or omission of the Person ifthe act or omission
occurred in the course of the employee's employment with the Person, or in the
course of the agent's exercising the powers or performing the duties on behalf of
the Person under their agency relationship.
19.0 CORPORATIONS & PARTNERSHIPS:
19.1
When a corporation commits an offence under this Bylaw, every principal,director,
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20.0 FINES & PENALTIES:
20.1
A Person who is guilty of an offence is liable upon summary conviction to a ?ne in
an amount:
20.1.1 not less than the speci?ed penalty established in Schedule "A";and,
20.1.2 in the case of all other offences, not exceeding $10,000.00.
20.2
Without restricting the generality of Section 20.1 the ?ne amounts set out in
Schedule "A"are establishedas speci?ed penalties for use on MunicipalTags and
ViolationTickets ifa voluntary payment option is offered.
20.3
Notwithstanding Section 20.1, any Person who commits a second or subsequent
offence under this Bylawwithinone (1) year of a ?rst offence, is liableon summary
conviction to a ?ne not less than the increased amount set outfor the offence in
Schedule "A"to this Bylaw.
21.0 MUNICIPAL TAG:
21.1
A Peace Of?cer is authorized and empowered to issue a MunicipalTag to any
Person whom the Peace Of?cer has reasonable and probable grounds to believe has
contravened any provision of this Bylaw.
21.2
A MunicipalTag may be issued:
21.2.1 personally; or,
21.2.2 by mailing a copy, via registered mail to such Person at their last known
postal address.
21.3
The MunicipalTag shall be in a form approved by the CA0 and shall state:
21.3.1 the name of the Person to whom the MunicipalTag is issued;
21.3.2 particulars of the contravention under this Bylaw;
21.3.3 the speci?ed penalty for the offence as set out in Schedule "A";
21.3.4 that the speci?ed penalty shall be paid within twenty-one (21) days of the
issuance of the MunicipalTag in order to avoid prosecution; and,
21.3.5 any other informationas may be required by the Peace Of?cer or designate.
21.4
Where a MunicipalTag has been issued under this Bylaw,the Person to whom the
MunicipalTag has been issued may, in lieu of being prosecuted for the offence, pay
to the County the penalty speci?ed on the MunicipalTag.
22.0 VIOLATION TICKET:
22.1
Where a MunicipalTag has been issued and the speci?ed penalty has not been paid
22.4.1 if a ViolationTicket is issued in respect of the offence; and,
22.4.2 ifthe ViolationTicket states the speci?ed penalty established by this Bylaw
for the offence, as set out in Schedule "A"herein;
make a voluntary payment by submitting to a Clerkof the ProvincialCourt, on or
before the initialappearance date indicated on the ViolationTicket,the speci?ed
penalty set out on the ViolationTicket.
22.5
When a Clerk of the ProvincialCourt records the receipt of a voluntary payment
pursuant to Section 22.4 and the Provinc/a/O?ences Procedure Act, the act of
recording constitutes acceptance of the guilty plea and also constitutes a conviction
and the imposition of a ?ne in the amount of the speci?ed penalty.
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PART VII
-- EMERGENCYRESPONSE
23.0 USE OF GREEN LAMPS:
23.1 A Member responding to an Incident in a vehicle other than a Fire Protection Unit is
hereby authorized to use ?ashing green lights, in accordance with provincialtraf?c
safety laws and operational guidelines established by the County from time to time.
23.2 The authorized users of the ?ashing green lamps must do so in accordance withthe
operations guidelines established by Council.
PART VIII
- GENERAL
24.0 REPEALOF PREVIOUS BYLAW:
24.1
Westlock County Fire Bylaw#06-2020 and Fireworks Bylaw18--2010are hereby
repealed.
READ A FIRST TIME THIS & DAY OF I% , 2024.
Reeve /
ChiefA
inistrative Of?cer
READ A SECOND TIME THIS Z_80AYOF M%, 2024.
(
W
Reeve
Chief Ad inistrative Of?cer
RECEIVEDUNANIMOUSCONSENTFOR CONSIDERATIONOF THREEREADINGSIN ONE MEETING
VIACOUNCILRESOLUTION# Ol Sl'QOQLfTHIS
2
DAYOF M%, 2024.
READ A THIRD TIME AND PASSED THIS 2_5DAY OF Wa, 2024.
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Schedule "A"
Bylaw Section
Offence
Municipal Tag
Number
6.1
Burning Prohibited Debris.
$500
6.2
Fire without a Fire Permit.
$500
6.3
Fire in a Hamlet,Multi--LotResidentialArea, or the
$300
Country Residential Estate (CR2) District.
$5,000.00
8-0
Non--CompliantPeat burning.
With a two-year ?re
permit suspension
10.1
Sell, Purchase, Possess, Handle,Discharge, Fire or
$500
Set Off Fireworkswithout a Permit.
10.10
Sell,offer for sale, give away or otherwise
distribute, discharge, ?re or set off ?recrackers
$500
withinthe County.
13.1
Failureto report ?re.
$500
Where the County has taken any action
$400.00 for the ?rst hour
15
responding to an incident resulting from a motor
or portion thereof for a ?re
vehicle accident or motor vehicle ?re, and the
protection response; plus,
incident occurs on municipalroadways.
$200.00 for every hour or
portionthereof
In accordance with Alberta
Infrastructure and
Motorvehicle collisionor motor vehicle?re on
Transportation PolicyTCE--
17.1.2
Contravene any term or condition of a permit.
$500
17.1.3
Cause or permit a Burning Hazard to exist on a
$500
parcel of land.
17.1.4
Deposit, discard, or abandon any burning matter
$300
or substance so as to create a Burning Hazard.
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17.1.5
Lighta ?re or cause a ?re to be litduring a ?re
$500
ban.
17.1.6
Lighta ?re or cause a ?re to be litwithout a Fire
$500
Permit.
17.1.7
Discharge Fireworksor allow Fireworksto be lit
$500
without a Fire Permit.
17.1.8
Providefalse or misleading information.
$500
17.1.9
Lighta ?re on land without written permission of
$500
Owner.
17.1.10
Permit a ?re to pass to another Person's land.
$500
17.1.11
Lighta ?re without suf?cient precautions.
$500
17.1.12
Conduct any activity that might reasonably be
expected to cause a ?re without exercising
$500
reasonable care.
17.1.14
Lighta ?re on lands owned or controlled by the
County except with the County'sexpress written
$300
consent.
17.1.15
"Nuisance False Alarm"at any time
-- Offences
withinone year.
lst
Written warning
2nd
$200
3rd
$400
17.1.16
Operate an operate an OHVon lands owned or
controlled by the County during a ?re
$500
restriction/ban.