By-Law 02-2019 - Fire Prevention and Emergency Services
Municipality of Oakland – Wawanesa, Manitoba
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## The Municipality of Oakland-Wawanesa
## By-Law No. 02-2019
## Fire Prevention and Emergency Services By-Law
Being a by-law of the Municipality of Oakland-Wawanesa to provide for fire fighting, fire prevention, the related regulation of fire and other hazards, the adoption of the Code, and for establishing, continuing and operating an emergency service for the Municipality, and to be known as the "Fire Prevention and Emergency Services By-Law";
WHEREAS subsection 232(1) of the Act provides that a council may pass by-laws for municipal purposes respecting the following matters:
- the safety, health, protection and well-being of people, and the safety and protection of property;
- (i) preventing and fighting fires;
- (ii) the enforcement of by-laws;
AND WHEREAS section 264 of the Act provides that every municipality must provide fire protection services within its boundaries to reduce the danger of fire, which may include education programs, inspections of property, the installation of alarms, instructions on fighting fires, the provision of fire fighting equipment and a fire protection force;
AND WHEREAS section 268 of the Act provides that a fire protection force may, with the approval of the council, provide other services, including the prevention and release of illness and injury and the preservation of life and property;
NOW THEREFORE the Council of the Municipality of Oakland-Wawanesa, duly assembled, enacts as follows:
## PART I: INTERPRETATION AND DEFINITIONS
## 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; the operation of Emergency Services and the transportation and storage of flammable and combustible substances.
## Definitions
2. (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 Act and in the Code.
2. (b) In this By-law, words importing the singular number only shall include the plural and vice versa, and words importing gender shall include all genders.
3. (c) In this by-law:
4. "ACT" means The Municipal Act S.M. 1996, c.58, C.C.S.M. c.M225 as amended from time to time.
"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 restricting the generality thereof, municipal Fire Prevention Officers and Fire Inspectors.
"CODE" means the Manitoba Fire Code being Regulation No. 163/98 of The Fire Preventions Act, RSM c.F80, C.S.S.M. c.F80, as amended from time to time, or any subsequent Manitoba Fire Code which may be enacted.
"COUNCIL" means the council of the Municipality.
"EMERGENCY SERVICES" includes, but is not limited to, all fire protection services and all services provided at the site of an emergency for the purpose of preserving life and property and protecting persons and property from injury or destruction by fire, preventing and extinguishing fires, investigating the cause and origin of fires, providing rescue services, providing emergency medical responses, in assistance with the Provincial & PHA EMS, purchasing and operating apparatus and equipment for fire fighting and the preservation of life and property, and preventing and mitigating other potential risks to life and property as defined by Council.
"FIRE CHIEF" means the Fire Chief for the Municipality and any one acting or authorized to act on his behalf.
TRE DEPARTMENT" means the Fire Department for the Municipality, and includes ar art-time. composite (any combination of full-time, part-time or volunteer) or a volunter fire department.
"FIRE FIGHTER" means any member, including volunteers, of the Fire Department while their services are actually engaged by the Municipality for the purpose of providing Emergency Services or otherwise enforcing the provisions of this by-law.
Municipalisy and part ly or is ably responsibe for ry sery ayed by or accipal for the
"MUNICIPALITY" means Municipality of Oakland-Wawanesa.
## PART II: ADMINISTRATION
## Adoption of Fire Code
- The Municipality hereby adopts the Code as part or this by-law, and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, and 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.
## Recovery of Costs
- Subject to any agreements to the contrary, where any type of Emergency Services have been taken within 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 to which the action was taken. Further, the Municipality may proceed to collect any costs as against the person by any means available to it in law for the collection of outstanding taxes, including, without limitation, adding the costs to the realty taxes on any property owned by the person within the Municipality.
## PART III: CREATION OF FIRE DEPARTMENT
## Creation and Membership
- There is hereby created a Fire Department for the Municipality, to be comprised of a Fire Chief and such other Fire Department personnel as from time to time may be deemed necessary by the Fire Chief; provided however, the Fire Department shall not be comprised of less than Six (6) personnel at any one time.
## Responsibility of Fire Chief
6. 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.
## PART IV: EMERGENCY SERVICES
## Emergency Services
- The mandate of the Fire Department is to provide the specific Emergency Services as described in Schedule "B" to this by-law.
Agreement for Emergency Services
- 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.
Response outside Municipality
9. The Fire Department will not respond to any call with respect to a fire or an emergency outside the municipal boundaries except with respect to a fire or emergency:
2. 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
3. (b) in a Municipality with which an agreement has been entered into to provide fire protection services or Emergency Services; or
4. (c) a member; or in a Municipality which forms part of a mutual aid agreement for which the Municipality is
5. on property with respect to which an agreement has been entered into with any person or corporation to provide fire protection therefor; or
6. (e) for which Council has first authorized such attendance; or
7. under such circumstances as it appears human life is in jeopardy;
8. (g) upon request for assistance from the Office of the Fire Commissioner or some othe properly designated office of the Province of Manitoba and shall remained covered under the Municipality Insurance programs while doing so.
## PART V: GENERAL REQUIREMENTS
## Interference an Offence
10. It shall be an offence for any person, other than the Authority Having Jurisdiction or a Fire Fighter in the course of duty, to turn on or interfere with any fire hydrant, in any manner whatsoever.
## 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.
Requiring Additional Assistance
- 12 The Fire Chief, or in his absence, the senior officer of the Fire Department present at any fire or providing any other Emergency Service, shall have the right and authority to require any able-bodied adult person to assist in extinguishing fires, to assist in the control of spread of fire and to assist in any other required Emergency Service and any such person, while acting under the direction of the Fire Chief, shall be deemed a volunteer of the Municipality.
Commandeering Equipment
- 13 The Fire Chief, or in his absence, the senior officer of the Fire Department present at any fire or providing any other Emergency Service, 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 or providing any other Emergency Service.
## PART VI: FIRE PREVENTION STANDARDS
Access for Inspection
14. 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.
Prevention of Fire Spread
- The Fire Chief, or in his absence, the senior officer 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 reasonably 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.
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 of ignition;
- removed forthwith if determined to constitute a fire hazard by the Authority Having Jurisdiction to such location as authorized by the Authority Having Jurisdiction.
Portable Fire Extinguishers
17. Portable fire extinguishers shall be:
2. (a) provided and located in accordance with the requirements of the Code;
3. (b) Code. maintained and/or hydro-statically tested in accordance with the requirements of the
## Chimney Pipes
- All chimneys and pipes for fireplaces or wood stoves shall be installed in conformance with the Code and must be cleaned regularly to prevent a buildup 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 (1O) days the Fire Chief may cause the work to be done and the cost therefor shall be the responsibility of the owner.
Property Maintenance
19. the risk of fire. All buildings and properties shall be adequately maintained in order to guard against fire or
Fire Alarm Systems
- 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;
- 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 in to perform fire duty at the expense of the owner. The total cost of restoration of any fire alarm equipment, and related costs of hiring a security guard or any firewatch service, shall be the responsibility of the owner or his insurer. If the owner cannot be located to pay this bill then all costs may be added to the real property taxes for the premises and collected in the same manner as normal taxes.
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 permitted in the Code.
## PART VII: OUTDOOR FIRE PITS AND BURNING APPLIANCES
Fire Department Outdoor Fire Pits and Burning Appliance Policy
1. To ensure the safety of residents and property, the inspection and approval of outdoor fire pits and burning appliances shall be conducted in accordance with the Fire Department Outdoor Fire Pits and Burning Appliance Policy attached hereto as Schedule "C" (Amendment BL 08-2021)
## PART VIII PENALTY PROVISION
Penalty
- An order made under this by-law shall be in writing and signed by the Authority Having Jurisdiction. An order may be directed to the owner, occupier or lessee of the subject building or property in respect of which it is made or to any or all of them.
- (b) Any order made under this by-law shall be served:
- (1) personally upon the person to whom it is directed; or
- (2) by registered or regular mail; or
- (3) by posting a copy of the order in a conspicuous place on the building or property if the person to whom it is directed cannot be found, is not known, or refuses to accept service of said order.
In the case of service by regular mail the order shall be deemed to have been received on the fifth business day subsequent to the date it is mailed.
- (c) Any person who contravenes or disobeys, or refuses or neglects to obey:
- 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;
for which no other penalty is specifically provided is guilty of an offence and is liable, on summary conviction, to a fine of $500. or to imprisonment for a term of not more than three months, or both.
- (d) 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 $1,000.00, and in default of payment of the fine, to imprisonment for a term not exceeding fourteen (14) days.
- Any costs associated with or resulting from enforcement are in addition to any such fine, and are an amount owing to the Municipality and may be collected in any manner in which a tax may be collected or enforced under The Municipal Act. (Amendment BL 08-2021)
## PART IX: REPEAL AND ENACTMENT
Repeal
- By-law No. 448 together with amending by-law no(s), be and the same (is/are) hereby repealed.
- (b) The repeal of the by-law(s) in the last preceding subsection mentioned shall not revive any by-law or any provision of any by-law repealed by (it / them), nor shall the said repeal prevent the effect of any saving clause in the said by-law or the application of the said by-law or any other by-law or provision of law formerly in force to any transaction, matter or thing anterior to the said repeal to which they would otherwise apply.
- (c) The repeal of the said by-law(s) should not affect:
- any penalty, forfeiture or liability incurred before the time of such repeal, or any proceedings for enforcing the same had, done, completed or pending at the time of such repeal; or
- any action, suit, judgment, decree, certificate, execution, process, order, rule or any proceeding, matter or thing whatever, respecting the same had, done, made, entered, granted, completed, pending, existing or in force at the time of such repeal; or
- any act, deed, right, title, interest, grant, assurance, registry, rule, regulation, contract, lien, charge, matter, or thing had, done, made, acquired, established, or existing at the time of such repeal; or
- any office, appointment, commission, salary, allowance, security, duty, or any matter or thing appertaining thereto at the time of such repeal; or
- any bond, note, debenture, debt, or other obligation made, executed, or entered into by the City at the time of such repeal.
- The repeal of the said by-law(s) 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.
## Enactment
24. This by-law shall come into full force and take effect upon the passage
Validity of By-law
- 25.N 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 the by-law and the Code independent of the elimination of any such portion as may be declared invalid.
DONE AND PASSED by the Council of The Municipality of Oakland-Wawanesa duly assembled this 215 day of May, 2019..
Dave Kreklewich Head of Council
Joni Swidnicki CAO of Oakland-Wawanesa
Read a first time this 16" day of April, 2019. Read a second time this 215 day of May, 2019.
Read a third time this 215 day of May, 2019.
## Schedule "A" - Fire Department Personnel (As of December 2004)
Dennis Gullett
Mike Simpson
Shane Wilton
Rob Brown
Anthony Kutny
## Crew 1
Darcy Wilton
Peter Waldner
Len Waldner
Corney Waldner
Ryley Gullett
Jason Cullen
Tanner MacDonald
Dawson Cullen
Dave Lane
## Crew 2
Dustin Johnston
Dustin Brown
Brent Cullen
Kyle McDougall
Brady Lockart
Austin Simpson
Derrick McGregor
Marc Bellon
## Crew 3
Steven Trowbridge
David Danners
Len Hofer
Arron Hofer
Gilbert Hofer
Andrew Hofer
Joesph Hofer
Marcus Trowbridge
ines Muheljic
Chief
Deputy Chief
Auxiliary member Bob Macdonald
Auxiliary member Stan Hofer
Student
Captain
Lieutenant
Captain
Lieutenant
Captain
Lieutenant
Auxiliary
Auxiliary
## Schedule "B" - Emergency Services Provided by Fire Department
The Fire Department will provide the following Emergency Services:
- (a) fire prevention and fire extinguishing, which includes structural fire fighting for rescue, fire control and property conservation;
- (b) investigation of the causes of fire and origin determination;
- preservation of life and property and protection of persons and property from injury or destruction by fire;
- (d) rescue, as per request of Provincial or PMHA EMS system;
- (e) salvage operations;
- the ability to enter into agreements with other municipalities or persons for the joint use, control, and management of fire extinguishing apparatus and equipment;
- (g) purchase and operation of apparatus and equipment for extinguishing fires or preserving life and property;
- (h) water/ice rescue
- (i) rope rescue;
- hazardous material responses a an OPS Level;
- (k) vehicle extrication;
- (1) farm accident rescue;
- (m) ground search and rescue locally or provincially requested
- (n) trench rescue with assistance of Mutual aid system
- (0) biological and chemical responses;
- (p) fire prevention inspections;
- (9) pre-fire planning;
- (r) public safety education;
- (s) precautionary standby;
- (t) extinguishing and prevention of grass fires;
- (u) extinguishing and prevention of urban interface fires;
- (V) flood response;
- limited to Consal arms nimals in peril and gas odoriment deems an emergency, including but no
## Municipality of Oakland-Wawanesa Volunteer Fire Dept
## OUTDOOR FIRE PITS AND BURNING APPLIANCE POLICY
PURPOSE:
REFERENCE:
POLICY:
To ensure the safety of outdoor fire pits and approval of location and type of all burning appliances.
The Fire Prevention and Emergency Response Act and Fire Prevention and Emergency Services By-law 02-2019.
Residents of Carroll, Nesbitt and Wawanesa in the Municipality of Oakland-Wawanesa shall complete the outdoor fire pit and burning appliance application form and await inspection and approval from the Fire Chief or designate prior to use.
## DEFINITIONS:
"Acceptable Fire Pit" means an outdoor receptacle that meets the following specifications:
- a) A minimum of 1.5 metres (5 feet) clearance, measured from the nearest fire pit edge, is maintained from buildings, property lines or other combustible material;
- b) The fire pit height does not exceed 50 cm (20 inches) when measured from the surrounding grade to the top of the pit opening;
- c) The fire pit opening does not exceed 75 cm (30 inches) in width or in diameter when measured between the widest points or outside edges;
- d) The brick, stone, concrete or heavy gauge metal shall be separated from grass and any other vegetation by a distance of at least 16 cm (6 inches) by means of clean earth, sand, gravel or other non-combustible medium;
- e) Shall not be used on wooden decks or other combustible surfaces; the fire pit installation has enclosed sides made from bricks, concrete blocks, heavy gauge metal, or other non-combustible materials acceptable to the Fire Chief or designate;
- f) A spark arrestor mesh screen with openings no larger than 1.25 cm (.5 inches) and constructed of expanded metal (or equivalent noncombustible material must be used at all times to cover the fire pit opening in a manner sufficient to contain and reduce the hazards of airborne sparks; and
- g) The fire pit shall not be used to burn prohibited debris.
"Acceptable Fireplace, Stove and Chiminea" means an outdoor receptacle that meets the following specifications:
- a) A minimum of 1.5 metres (5 feet) clearance measured from the nearest fireplace, stove or chiminea edge is maintained from buildings, property lines, or other combustible material;
- b) Is constructed of materials that are heat and flame resistant;
- c) Shall not be used on wooden decks unless located 1.5 metres (5 feet) from any property line, building or other combustible structure and placed on a non-combustible surface extending 40 cm (16 inches) from the widest part of the appliance;
- d) Is equipped with a secured chimney;
- e) The chimney is equipped with a regulation screen no larger than 1.25 cm (.5 inches) and constructed of expanded metal (or equivalent noncombustible materials) and is designed to contain and reduce the hazards of airborne sparks;
4. f The base of the fire burning area is not less than .3 metres (12 inches) above the surrounding grade;
- g) The base of the fire burning appliance shall be placed upon a noncombustible surface such as earth, concrete, metal or other noncombustible materials acceptable to the Fire Chief or designate;
- h) The fire chamber does not exceed 75 cm (30 inches) in width, does not exceed 60 cm (24 inches) in height and is at least 40 cm (16 inches) but no more than 60 cm (24 inches) in depth;
- i) Outdoor solid fuel appliances shall be located on a flat, level and noncombustible base clear of overhangs such as roofs, tree branches and utility wires;
- j) The fireplace, stove or chiminea shall not be used to burn prohibited debris; and
- k) This policy does not apply to appliances that use liquid fuel such as propane or natural for heaters, fire tables or barbecues.
"Prohibited Debris" means yard waste including leaves and grass clippings, garbage, furniture and plastics.
## APPLICATIONS, INSPECTIONS AND APPROVALS:
Applications as outlined in Schedule "A" can be obtained online at www.oaklandwawanesa.ca or by contacting the Municipal Office at 204-824-2666 to have an application mailed, emailed or faxed
Applications must be completed in full and can be returned to the Municipal Office at Box 28, Nesbitt MB, ROK 1PO, emailed to [email protected] or faxed to 204-824-2374.
Completed applications will be forwarded to the Fire Chief to arrange an inspection of the proposed site and appliance.
Final approval must be obtained from the Fire Chief prior to use of the fire pit and/or outdoor burning appliance.
Please ensure the following steps have been taken before you schedule your inspection:
1. The fire pit has been purchased and is set up in the desired location.
3. If you are renting the property, please have a letter of permission from the property owner.
2. Ensure all criteria has been met regarding the construction and placement of the fire pit.
4. Ensure any necessary surveys have been completed.
5. Keep a copy of the fire pit application for yourself. A copy of the permit must be available at all times upon request.
Existing fire pits and/or outdoor burning appliances must be inspected within one year of adoption of this policy. Members of the fire department will also inspect pits and appliances in the rural area upon request.
Please note, an application does not need to be renewed annually. A new application is required upon a change of property ownership or if the original application has changed.
## FINES:
A person who contravenes this policy is guilty of an offence and is liable on summary conviction to a fine of not more than $1000.00. Any costs associated with or resulting from enforcement are in addition to any such fine, and are an amount owing to the Municipality and may be collected in any manner in which a tax may be collected or enforced under the Municipal Act.
Approved by:-
Dennis Gullett Fire Chief Schedule "A"
Date
Name of Applicant
Address of Outdoor Fire Pit or Burning Appliance\_
Postal Code
Applicant E-mail
Applicant Telephone
Name of Property Owner (if different from above) \_ (Written consent from landlord required)
Type of Outdoor Burning Appliance (example fire pit, outdoor fireplace, stationary built-in BBQ)
Type of Construction (example brick, masonry, heavy gauge metal)
If digging is necessary, you are required to contact the proper utilities (Call Before You Dig). Utility Companies consulted for Line Locations
Indicate utility companies contacted (example natural gas, hydro, telephone, cable)
## Approval:
Inspected/Approved by:
Date