By-law 2017-08 Fire Prevention

Flin Flon, Manitoba · adopted 2017-03-21

This is the exact embedded text of the captured official document. Snapshot 4ad65c34c97b · verified 2026-06-10 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CITY OF FLIN FLON BY-LAW NO. 2017 - 08 Being a By-Law of The City of Flin Flon concerning fire fighting, fire prevention, the related regulation of fire and other hazards, the adoption of The Manitoba Fire Code, and emergency fire service, to be known as the "Fire Prevention By-Law". Passed: March 21, 2017 WHEREAS The City of Flin Flon is empowered under The Municipal Act, R.S.M. 1988, c. M225, Sections 289 and 290, to establish and maintain a fire department, to pass bylaws for the prevention of fire, regulating the keeping, storage and transportation of flammable or dangerous materials, and certain other powers, including authorizing the adoption of The Manitoba Fire Code as referred to hereinafter, and WHEREAS Section 297 of The Municipal Act empowers the municipality to regulate the use and sale of fireworks within the municipality, and WHEREAS it is deemed expedient and in the public interest to establish, continue, and maintain fire prevention in the City of Flin Flon, now THEREFORE the Council of The City of Flin Flon, duly assembled, enacts as follows: 1. INTERPRETATION It is the purpose of this by-law to establish the standards for fire prevention, fire fighting, and life safety in buildings; the prevention, containment and fighting of fires originating outside buildings which may present a hazard to all or any part of the municipality; and the transportation and storage of flammable and combustible substances. 2. DEFINITION (a) Unless otherwise provided, or unless the context otherwise requires, words and expressions in this by-law have the same meaning as the same words and expressions in The Municipal Act and in The Manitoba Fire Code. (b) All references to "he" and its derivatives shall include "she" and its derivatives unless the context thereof requires otherwise. (c) In this by-law (1) "AUTHORITY HAVING JURISDICTION" means the Fire Chief, Acting Fire Chief, Deputy Fire Chief, or the responsible municipal, provincial, or federal official with legal authority for controlling the subject referred to, including, without limiting the generality thereof, municipal Fire Prevention Officers and Fire Inspectors. For greater certainty, references to provincial officials shall be deemed to refer to officials of the Province of Manitoba. (2) "CHIEF INSPECTOR OF EXPLOSIVES" means the person designated as the Chief Inspector of Explosives under The Explosives Act (Canada). (3) "CITY" means The City of Flin Flon, or the area contained within the boundaries thereof. PART I INTERPRETATION & DEFINITIONS (4) "CODE" means The Manitoba Fire Code being Regulation No. 212/92 of The Fire Prevention Act, R.S.M. 2014, c.F80, as amended from time to time, or any subsequent Manitoba Fire Code which may be enacted. (5) "COUNCIL" means the council of the municipality. (6) "FIRE CHIEF" means the Fire Chief for the municipality and anyone acting or authorized to act on his behalf. (7) "FIRE DEPARTMENT" means the Fire Department for the municipality, and includes a volunteer fire department. (8) "FIREFIGHTER" means any member, including volunteers, of the Fire Department or other emergency service team while their services are actually engaged by the municipality for the purpose of enforcing the provisions of this by-law. (9) "FIREWORKS' means any article defined as fireworks pursuant to The Explosives Act (Canada) or regulations thereto and without limiting the generality of the foregoing, shall also include High Hazard Fireworks and Low Hazard Fireworks as defined hereafter. (10) "HIGH HAZARD FIREWORKS" means any fireworks such as rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, barrages, bombardos, waterfalls, fountains, mines and fire crackers as defined in Class 7.2.2 of The Explosives Act (Canada) as High Hazard Fireworks for Recreation. (11) "INSPECTOR" means Fire Inspector or any other person or agency employed by or acting for the municipality and partially or wholly responsible for fire safety within the municipality. (12) "LOW HAZARD FIREWORKS" means any fireworks such as fireworks showers, fountains, golden rain, lawn light, pin wheel, roman candles, volcanoes, sparklers, Christmas crackers and caps for toy guns as defined in Class 7.2.1 of The Explosives Act (Canada) as Low Hazard Fireworks for Recreation. (13) "STATIC DISPLAY" means a display for sale of what appears to be fireworks which contain no explosive materials and have been prepared by a fireworks manufacturer for use as a display. 3. APPLICATION The provisions of this by-law shall apply equally to new and existing conditions, except that existing conditions not in strict compliance with the terms of this by-law shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or adjoining property. 4. ADOPTION OF FIRE CODE (a) The municipality hereby adopts the Code as part of this by-law, and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, is hereby incorporated as if fully set out at length herein. Any reference to this by-law shall be construed as a reference to the whole by-law, including the Code. (b) For greater certainty, the provisions of The Fire Prevention Act, R.S.M. 2014, c.F80, as it may be amended, and of any regulations made pursuant thereto shall be deemed to apply as if the provisions thereof formed part of this by-law. PART II ADMINISTRATION 5. RECOVERY OF COSTS Subject to any agreements to the contrary, where any type of emergency services have been provided, within or outside the municipality, including responding to a false alarm, the municipality may, in respect of any related costs incurred in taking such action, charge such costs to the person who caused the fire or incident, or the owner or occupant of the land or property in respect of which the action was taken. 6. CREATION & MEMBERSHIP There is hereby created a Fire Department for The City of Flin Flon, to be comprised of a Fire Chief, a maximum of 36 volunteer firefighters, and such support staff as may from time to time be required. No change in the complement of the Fire Department shall be made without approval of the Council, who may authorize an increase or decrease or vary the above stated complement. The recruitment of new members shall be at the discretion of the Fire Chief after consultation with the Department Officers. A person is qualified to be member of the Department who: (a) Is 19 years of age or older. (b) Possesses an acceptable criminal records check. (c) Is physically fit and is able to pass a physical exam. (d) Possesses a valid driver's license. All Officers and Members are required to sign a copy of the Code of Ethics statement. The Fire Chief may discipline any Officer or Member for cause. Any member of the fire department may be suspended or discharged by the Fire Chief at any time he/she may deem such action necessary for the good of the fire department. 7. RESPONSIBILITY OF THE FIRE CHIEF It shall be the responsibility of the Fire Chief to administer and enforce the provisions of this by-law, subject always to such direction as may from time to time be given by the Council. The Fire Chief shall establish rules, regulations, policies and committees necessary for the proper organization and administration of the Fire Department, including, but not limited to: (a) Use, care and protection of fire department property. (b) The conduct and discipline of officers and members of the Fire Department, and (c) efficient operations of the Fire Department. 8. EMERGENCY SERVICES Emergency Services are hereby established for the purpose of: (a) preventing and extinguishing fires (b) investigating the causes of fire PART III CREATION OF FIRE DEPARTMENT PART IV EMERGENCY SERVICES (c) preserving life and property and protecting persons and property from injury or destruction by fire, and providing rescue services (d) preserving life and property and protecting persons and property from injury or destruction by fire, and providing rescue services (e) performing salvage operations (f) entering into agreements with other municipalities or persons for the joint use, control, and management of fire extinguishing apparatus and equipment (g) Purchasing and operating apparatus and equipment for extinguishing fires or preserving life and property. Subject to the provisions in this by-law, the Fire Department is authorized to provide the following services: (a) Fire Suppression and Rescue (b) Water Rescue (c) Shore based water Rescue (d) Vehicle Extrication and Rescue (e) Hazardous Materials Response - Awareness Level (f) Low Angle Rescue (g) Aircraft Extrication and Rescue 9. AGREEMENT FOR EMERGENCY SERVICE The municipality may elect to enter into an agreement with another municipality to provide or have provided emergency services. Such agreement requires prior authority of the Council. 10. RESPONSE OUTSIDE MUNICIPALITY The Fire Department will not respond to any call respecting a fire or an emergency outside the municipal boundaries except with respect to a fire or emergency: (a) that in the opinion of the Fire Chief threatens property in the municipality or property situated outside the municipality that is owned or occupied by the municipality, or (b) in a municipality with which an agreement has been entered into to provide fire protection, or (c) in a municipality which forms part of a mutual aid agreement for which the municipality is a member, or (d) on property with respect to which an agreement has been entered into with any person or corporation to provide fire protection therefore, or (e) for which the head of council has first authorized such attendance. (f) where another by-law of The City of Flin Flon expressly provides for same, but in such case, subject always to the stipulations made in such by-law. 11. INTERFERENCE AN OFFENCE It shall be an offence for any persons, other than the authority having jurisdiction or a firefighter in the course of duty, to turn on or interfere with any fire hydrant, in any manner whatsoever. 12. TAMPERING AN OFFENCE It shall be an offence for any person to tamper with, damage, or discharge any fire prevention, fire suppression, or rescue apparatus, or move any such apparatus from its allocated location, without the permission of the Fire Chief. 13. USE OF PERSONAL VEHICLES Personal vehicles of firefighters may be used to respond to a fire or emergency call from the point where the call was received to the fire hall, or to the fire or emergency scene, as the case may be, provided that the vehicle is equipped with an approved beacon and insignia and operated in accordance with the provisions of The Highway Traffic Act. 14. REQURING ADDITIONAL ASSISTANCE The Fire Chief of the Fire Department present at any fire, shall have the right and authority to require any able-bodied adult person to assist in extinguishing fires and to assist in the control of spread of fire and any such person, while acting under the direction of the Fire Chief or the senior officer as the case may be, shall be deemed an employee of the municipality. 15. COMMANDEERING EQUIPMENT The Fire Chief of the Fire Department present at any fire, shall have the right and authority to commandeer and authorize payment for the possession or use of any equipment for the immediate purpose of fighting a fire. 16. ACCESS FOR INSPECTION The Authority Having Jurisdiction may, at all reasonable times, enter any premises for the purpose of making an inspection, and any person in charge of the premises shall allow the Authority Having Jurisdiction free access thereto. 17. PREVENTION OF FIRE SPREAD The Fire Chief of the Fire Department present at any fire shall have the right and authority to enter, pull down or demolish any house or building or structure, directly or indirectly affected, where deemed reasonable necessary for the purpose of extinguishing a fire or to control or prevent the spread of fires or in conjunction with dangerous goods or rescue. In addition to the authority provided to conduct inspections pursuant to The Fire Prevention and Response Act, the Fire Chief or a fire inspector may carry out inspections: (a) On behalf of and at the request of an owner or operator of a facility where an inspection, letter of approval or report with respect to the fire safety of the facility is required. (b) As required by the Fire Commissioner pursuant to provincial legislation; or PART V GENERAL REQUIREMENTS PART VI FIRE PREVENTION STANDARDS (c) As outlined in the Fire Departments fire prevention plan. The authority having jurisdiction may, at all reasonable times, enter any premises for the purpose of making an inspection, and any person in charge of the premises shall allow the authority having jurisdiction free access thereto. The purpose of conducting an inspection is to: (a) Protect the residents and clients of the facility, as they are vulnerable members of the community; (b) Ensure that the structure, equipment and maintenance of the facility complies with The Fire Prevention and Response Act, and The Manitoba Fire Code Regulations and this by-law; and (c) Assist in determining if the operator or owner of the facility is satisfying the licensing requirements relating to fire safety set out in provincial legislation. Notwithstanding any other provision of this by-law, where in the course of an inspection or investigation under this by-law, the Fire Chief or his designate is of the opinion that a condition exists creating a serious danger to life or property, the Fire Chief or his designate may: (a) Use any measures appropriate to remove or lessen the condition. (b) Evacuate the building, structure, or area which has been considered appropriate. (c) Close a building or area that is considered a serious danger to life and property. (d) Costs of such an action is the expense of the property owner 18. STARTING FIRES IN OPEN AIR (a) It shall be an offence for any person to light, ignite or start, or allow or cause to be lighted, ignited or started, a fire of any kind whatsoever in the open air, without first having obtained written permission to do so from the Fire Chief. (b) A person to whom a permit has been so issued shall not leave the permitted fire unattended at any time while it is burning or smoldering, and shall ensure that sufficient appliances and equipment to prevent the fire from getting beyond control or causing damage or becoming dangerous are at the fire site. (c) Notwithstanding subsection (a), no permit shall be required to light, ignite, or start or allow or cause to be lighted, ignited, or started, a small contained fire in a barbeque, grill or similar device used to cook food. 19. WOOD PILES (a) It shall be an offence for any person to pile or allow to be piled any lumber or wood on private property within three meters of the exterior of any dwelling. (b) Subsection (a) shall not apply to lumber in transit or in the process of erection on a construction site. 20. STORAGE OF CONTAINERS All boxes, crates, petroleum barrels, and other containers, empty or otherwise, packing materials, or other materials used or kept in any building or on any lot, shall be: (a) so stacked or piled as to keep them clear of windows and doors to provide for clear ingress and egress to and from any part of the premises or building; (b) kept away from any source or ignition; (c) removed forthwith if determined to constitute a fire hazard by the Authority Having Jurisdiction from the windows or doors in question to such location as authorized by the Authority Having Jurisdiction. 21. PORTABLE FIRE EXTINGUISHERS Portable fire extinguishers shall be: (a) provided in conformance with the requirement of the Manitoba Fire Code and located as indicated in further requirements, and (b) maintained and/or hydrostatically tested, in cases where the Manitoba Fire Code should so require. 22. CHIMNEY PIPES (a) All chimneys, flue pipes, and solid fuel appliances, such as fireplaces, wood heaters, combination wood furnaces, add-on wood furnaces, and including pellet stoves, must be cleaned regularly to prevent a build up of creosote. Where the Fire Chief deems it necessary, he may give notice to any owner requiring the cleaning of any chimney or pipe, and where such order is not complied with within ten (10) days, the Fire Chief may cause the work to be done and the cost therefore shall be the responsibility of the owner. (b) The Fire Chief may give notice to any owner to cease operation of such heating unit, if it is found to be non-compliant with The Manitoba Building Code and/or The Manitoba Fire Code. 23. PROPERTY MAINTENANCE & INSPECTION SERVICES All buildings and properties shall be adequately maintained in order to guard against fire or the risk of fire. No person shall erect, place, allow or maintain a fence, shrub, tree or other object within one meter of a hydrant. In addition to the authority provided to conduct inspections pursuant to the Fire Prevention and Response Act, the Fire Chief or a fire inspector may carry out inspections: (a) On behalf of and at the request of an owner or operator of a facility where and inspection, letter of approval or report with respect to the fire safety of the facility is required. (b) As required by the Fire Commissioner pursuant to provincial legislation; or (c) As outlined in the Fire Departments Fire Prevention Plan The Authority Having Jurisdiction may, at all reasonable times, enter any premises for the purpose of making an inspection, and any person in charge of the premises shall allow the Authority Having Jurisdiction free access thereto. The purpose of conducting inspection is to: (a) Protect the residents and clients of the facility, as they are vulnerable members of the community; (b) Ensure that the structure, equipment and maintenance of the facility complies with The Fire Prevention and Response Act, and The Manitoba Fire Code Regulations and this By-Law; and (c) Assist in determining if the operator or owner of the facility is satisfying the licensing requirements relating to fire safety set out in provincial legislation. Notwithstanding any other provision of this by-law, where in the course of an inspection or investigation under the by-law, the Fire Chief or his designate is of the opinion that a condition exists creating a serious danger to life or property, the Fire Chief or his designate may: (a) Use any measures appropriate to remove or lessen the condition. (b) Evacuate the building, structure, or area, which has been considered appropriate. (c) Close a building or area that is considered a serious danger to life and property. (d) Costs of such an action is the expense of the property owner. 24. FIRE ALARM SYSTEMS (a) Every fire alarm system shall be maintained at all times in operating condition and tested by a qualified person in accordance with the requirements of the Code. (b) Where the Fire Department attends in response to a fire alarm call which is an apparent false alarm, the Fire Chief, or in his absence, the senior officer of the Fire Department present at the scene, will attempt to contact the property owner or other designated person to attend and secure the premises. Where unable to contact the property owner or designated person, then a security guard may be called to perform fire duty at the expense of the owner. 25. FLAMMABLE AND/OR COMBUSTIBLE LIQUID STORAGE AND STORAGE OF HAZARDOUS MATERIALS Prior written permission from the Fire Chief shall be required for the storage of flammable and/or combustible liquids or hazardous materials in excess of the amounts specified in the Manitoba Fire Code. 26. SOLID FUEL BURNING APPLIANCES (a) For the purposes of this section, a solid fuel-burning appliance is defined as a boiler used to heat a principal residence or accessory building. (b) Solid fuel burning appliances in accessory buildings shall not be allowed in any residential zone. (c) In all other zones than residential, solid fuel burning appliances shall conform to The Manitoba Building Code. (d) The accessory building used as a solid fuel fire appliance shall have a clearance of 25 feet from the main building or other accessory use building on the site, as well as 25 feet from any property line. (e) Any person, firm, or corporation wanting to construct such an accessory building in the City of Flin Flon shall obtain a building permit under The Building By-Law for The City of Flin Flon. 27. SALE OF FIREWORKS (a) No person shall display for sale, sell or offer for sale fireworks within the municipality. (b) Notwithstanding subsection (a), static displays of fireworks, fireworks posters, or other advertising advising of the availability of fireworks shall be allowed. (c) A person who possesses a valid Fireworks Sales Permit may sell fireworks to any person who presents a valid Fireworks Permit issued by the Fire chief. PART VII FIREWORKS (d) A person selling fireworks pursuant to this section must maintain a copy of each Fireworks Permit presented prior to sale of any fireworks for a 12-month period commencing on the date of sale, and present all such Fireworks Permits for inspection by the Fire Chief upon request. 28. STORAGE & DISPOSAL The storage and disposal of unused fireworks shall be in compliance with The Explosives Act (Canada). 29. PERMIT REQUIRED No person shall purchase fireworks, fire, set off, or otherwise ignite any fireworks in or above the municipality, except under a permit issued therefore pursuant to Section 30, and in compliance with the conditions contained in Section 31 hereof. 30. PERMIT REQUIREMENTS (a) The Fire Chief, at his absolute discretion, may authorize permits allowing for the firing or setting off of fireworks in conjunction with a proposed fireworks display. (b) Any person desiring to purchase, fire, set off, or otherwise ignite any low hazard fireworks, or conduct a fireworks display including low hazard fireworks only, shall make application to the Fire Chief for a Fireworks Permit, and such permit application shall state the following: (1) the name, address, and proof of age and identity of the person to whom the permit is to be issued; (2) where applicable, the name and address of an executive officer or other person responsible for the person receiving the permit; (3) the place and date upon which the display is to be held; (4) the name and address of each person under whose conduct and supervision the display shall be held. (c) Any person desiring to purchase, fire, set off, or otherwise ignite any high hazard fireworks, or conduct a fireworks display which includes any high hazard fireworks, shall make application to the Fire Chief for a Fireworks Permit, and such permit application shall state the following: (1) the name, address, and proof of age and identity of the person to whom the permit is to be issued; (2) where applicable, the name and address of an executive officer or other person responsible for the person receiving the permit; (3) the place and date upon which the display is to be held; (4) where applicable, the name and address of the owner of the property upon which the display is to be held; (5) the name and address of each person under whose conduct and supervision the display shall be held. (6) the name and address of the Supervisor approved by the Chief Inspector of Explosives who shall supervise the fireworks display; (7) the location and manner in which the fireworks shall be stored; (8) the manner in which unused fireworks, if any, are to be disposed of; and (9) the means which will be utilized in order to restrain unauthorized persons from coming into close proximity to the location where the fireworks are to be set off. (d) Any applicant for a permit as referred to in paragraph (2)(b)(1) or (c)(1) above may prove his identity and his age by presenting his driver's licence, birth certificate, or other identification satisfactory to the Fire Chief. (e) No person shall utilize the property of any other person for a fireworks display without the written permission of the owner. (f) The Fire Chief may, at his discretion, require any applicant to comply with the high hazard fireworks standards. (g) Any person desiring to purchase fireworks for use outside the boundaries of the municipality shall obtain the appropriate permit in accordance with this division, as determined by the Fire Chief, prior to purchase, and shall indicate thereon that the fireworks display will take place beyond the corporate limits of the municipality. 31. CONDITIONS UNDER PERMIT The following conditions shall apply to the firing or setting off of fireworks or holding a fireworks display under a permit issued pursuant to Section 30 hereof: (a) (1) The display of low hazard fireworks shall be carried out under the direct conduct and supervision of at least one responsible person, who shall be designated in the permit, and shall be at least eighteen years of age. (2) Notwithstanding paragraph (1) above and subsection (d) below, a permit shall not be required for the use of sparklers which may be used in a display, so long as such display is conducted by or under the supervision of a person eighteen years of age or older, and the use and sale of Christmas crackers and caps for toy guns shall not be regulated by this by- law. (b) The display of high hazard fireworks shall be carried out under the direct conduct and supervision of a person approved by the Chief Inspector of Explosives. (c) A display under either subsection (a) or (b) above shall be conducted in a manner consistent with all safety procedures specified in regulations issued pursuant to The Explosives Act (Canada) and continue only while: (1) all proper precautions are being observed in order to keep spectators at a safe distance from the location where the fireworks are being set off; and (2) all proper precautions are being observed in order to protect public and private property; and (3) proper fire extinguishing equipment is available. (d) No display shall be held without compliance with the distance restrictions as set out in The Explosives Act (Canada). (e) All unused fireworks and all debris shall be removed and disposed of in accordance with provisions of The Explosives Act (Canada). (f) Where the display is to be held on or above municipal owned property, or on or above property over which the municipality has possession or control, the person to whom the permit is issued shall, prior to holding the display, deposit the following with the Fire Chief: (1) a written undertaking by the person to indemnify the municipality for any liability that the municipality may incur as a result of damages arising out of the fireworks display; PART VIII PENALTY PROVISION PART IX REPEAL & ENACTMENT (2) an insurance policy containing provisions including the amount of liability coverage acceptable to the council, which provides for the protection and indemnification of the municipality in respect of any liability that the municipality may incur as a result of damages arising out of the fireworks display. 32. FIREWORKS SALES PERMIT (a) Notwithstanding Section 25, a person may have possession of fireworks for the purpose of sale if such person has previously obtained a Fireworks Sales Permit from the Fire Chief. 33. RIGHT OF APPEAL An applicant denied a permit pursuant to this part by the Fire Chief may appeal the refusal to Council so long as such appeal is made in writing and directed to the municipal office within seven (7) days of a refusal by the Fire Chief. 34. PENALTY (a) Any person who contravenes or disobeys, or refuses or neglects to obey: (1) any provision of this by-law, or any provision of any other by-law that by this by-law is made applicable to proceedings taken or things done under this by-law; or (2) any provision of any by-law, regulation, or order enacted or made by Council; or (3) any order made by this by-law or any condition attached to a permit or to which the permit is subject; for which no other penalty is specifically provided, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $100.00 or more than $1,000.00 for each day's neglect or failure to comply therewith, and in default of payment of the fine, to imprisonment for a term not exceeding thirty (30) days. (b) Any person who hinders or obstructs the Authority Having Jurisdiction in the exercise of his duty is guilty of an offence and liable on summary conviction to a fine of not less than $100.00 or more than $200.00, and in default of payment of the fine, to imprisonment for a term not exceeding fourteen (14) days. 35. REPEAL (a) By-Law 35/96 is repealed. (b) The following parts of By-Law 37/77 are repealed: (c) The repeal of the said by-law shall also not defeat, disturb, invalidate, or prejudicially affect any matter or thing whatsoever had, done, completed, existing or pending at the time of such repeal. 36. ENACTMENT This by-law shall come into full force and take effect upon the passage thereof. 37. VALIDITY OF BY-LAW Should any provision of this by-law or the Code hereby adopted be declared to be invalid by a court of competent jurisdiction, it is the intent of Council that it would have passed all other provisions of this by-law and the Code independent of the elimination of any such portion as may be declared invalid. PASSED AND ENACTED AS A BY-LAW OF THE CITY OF FLIN FLON, THIS 21st DAY OF MARCH, A.D. 2017. Original Signed by Cal HUNTLEY Mayor Original Signed by Mark KOLT Municipal Administrator Read a first time this 7th. day of March, A.D. 2017. Read a second time this 21st. day of March, A.D. 2017. Read a third time this 21st. day of March, A.D. 2017, DONE AND FINALLY PASSED.