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RURAL MUNICIPALITY OF LA BROQUERIE
BY-LAW NO. 08-2018
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF LA BROQUERIE TO REPEAL
BY-LAW NO. 09-2015 AND TO ESTABLISH A BY-LAW FOR THE PREVENTION AND
THE CONTROL OF FIRES WITHIN THE RURAL MUNICIPALITY OF LA BROQUERIE
WHEREAS Section 232 (1) of The Municipal Act provides that
A council may pass by-laws for municipal purposes respecting the following matters:
(a) the safety, health, protection and well-being of people, and the safety and protection of
property;
(b) people, activities and things in, on or near a public place or a place open to the public, including
parks, municipal roads, recreation centres, restaurants, facilities, retail stores, malls, and private
clubs and facilities that are exempt from municipal taxation;
(c) subject to section 233, activities or things in or on private property;
(i) preventing and fighting fires;
AND WHEREAS Section 233 of The Municipal Act provides that
A by-law under clause 232(1)(c) (activities or things in or on private property) may contain provisions
only in respect of
(a) the requirement that land and improvements be kept and maintained in a safe and clean
condition;
AND WHEREAS it is deemed expedient and advisable to pass a By-Law to provide
generally for the protection of life and property from damages by fire and to regulate
burning within the Rural Municipality of La Broquerie;
NOW THEREFORE the Council of the Rural Municipality of La Broquerie, in meeting
duly assembled, enacts as follows:
1.0.
Definitions:
Authority Having Jurisdiction (AHJ): The Municipal Council and the duly
appointed designated officers thereof.
Campfire: fires set in an outdoor fire pit or solid fuel burning appliance, set for
cooking, warmth or recreation (i.e bonfire).
CAO: the Chief Administrative Officer of the Municipality.
Designated Officer: any person authorized by the AHJ to enforce this By-law on
behalf of the AHJ including the Fire Chief, any member of the Fire Service or any
person on behalf of the AHJ, appointed as a fire guardian for purposes of The
Wildfires Act.
Outdoor Fire: a fire that is started outdoors including crop residue burning, land
clearing and grass burning.
Wildfire Season: the period in each year commencing on April 1st and ending
on November 15th or any other period that may be designated by the AHJ.
2.0.
Delegation of Authority
2.1.
THAT the Authority Having Jurisdiction, Chief Administrative Officer or a
designated officer of the Rural Municipality of La Broquerie be appointed
as an officer for the purpose of enforcing provincial statues, regulations as
well as this By-law.
3.0.
Responsibilities
3.1.
All burning within the Municipality shall be subject to the conditions and
provisions of The Wildfires Act, and the Manitoba Crop Burning Residue
Burning Regulation - MR 77/93.
3.2.
Authorization to conduct "Outdoor Fire" burning does not exempt or
excuse a person from the responsibility, consequences, damages, or
injuries resulting from the authorized burning and does not excuse a
person from complying with other applicable laws, ordinances or
regulations.
a. All "Outdoor Fires" shall be supervised by the owner or occupier of the
land or a responsible adult authorized by the owner or occupier of the
land.
b. No person shall start an "Outdoor Fire" on any land without taking
sufficient precautions that are reasonably necessary to protect persons
and the property of others from the fire.
c. No person shall start an "Outdoor Fire" unless all precautions are taken
to ensure that the fire can be kept under control, or when weather
conditions are conducive to a fire burning out of control.
d. No person shall cause an "Outdoor Fire" to be started in order to guard
property; clear land or burn debris; burn crop, stubble or grass; unless
the land on which the fire is started is completely surrounded by a fire
guard consisting of;
i. A strip of land free of inflammable material, or all inflammable of
sufficient width to control the fire
ii. By natural or man-made barriers, water or
iii. By a combination or (i) and (ii).
e. The smoke from the burning of "Outdoor Fires" shall not pose
unreasonable hazard to the health of any person or reduce the visibility
on any road or highway.
f. A sufficient water supply and means of fire suppression capable of
extinguishing the "Outdoor Fire" based on its fuel loading and size shall
be available on site.
g. All fires must be extinguished when unsupervised.
4.0.
"Campfires"
a. Any "Campfire" shall be enclosed on all sides and constructed of
masonry, concrete, heavy gauge metal or other noncombustible
materials.
b. The above-mentioned enclosure shall have a maximum diameter of 3
feet and a minimum height of 1 foot.
c. The fire pit or solid fuel appliance shall be covered with a non-
combustible grate or mesh. If the fire pit or solid fuel appliance is
equipped with a chimney, it shall have a noncombustible mesh or
spark arrester installed.
d. The fire pit or solid fuel appliance shall be located on a flat, level and
noncombustible base clear of overhangs, such as roofs, tree branches
or utility wires.
e. A minimum clearance of 10 meters (33 feet), measured from the
nearest fire pit edge is maintained from any structures or any
combustibles (i.e. Fences, trees, hydro poles) and property lines.
f. Solid fuel appliances shall be installed to manufacturer's specifications
with any required distance to a structure or combustible of at least 10
meters.
g. Any "Campfire" shall be supervised by the owner or occupier of the
land or a responsible adult authorized by the owner or occupier of the
land.
h. No person shall start an "Outdoor Fire" unless all precautions are taken
to ensure that the fire can be kept under control, or when weather
conditions are conducive to a fire burning out of control.
i. The smoke from the burning of "Outdoor Fires" shall not pose
unreasonable hazard to the health of any person or reduce the visibility
on any road or highway.
j. A sufficient water supply and means of fire suppression capable of
extinguishing the "Outdoor Fire" based on its fuel loading and size shall
be available on site.
k. All fires must be extinguished when unsupervised.
5.0.
Burning Ban
5.1.
The Municipal Designated Officer, may, at their discretion, ban ALL
BURNING (including "Outdoor Fires" and fires contained within fire pits
and solid fuel burning appliances) in the Rural Municipality of La Broquerie
if conditions exist where, in the opinion of the Municipality, fires are of
extremely high risk, and such a ban would prevent wildfires from
occurring.
5.2.
Fire restrictions will be applied in a tiered format:
Level 1 - Fires are allowed in approve receptacles. Open-air fires are
allowed, any person who wishes to cause an open-air fir shall notify the
R.M. of La Broquerie of their intent.
Level 2 - Fires are only allowed in approved receptacles. NO open-air
fires are allowed.
Level 3 - NO fires of any type are allowed.
6.0.
Costs and Penalties
6.1 Administration recovery of costs
a) Subject to any agreements where any type of emergency service has
been taken with the Rural Municipality of La Broquerie 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.
b) Any person who has an automatic alarm system that activates a false
alarm that is responded to by the R.M. of La Broquerie Fire
Department shall be charged an annual fee of $250.00 after the
second time they are called to the property.
6.2 Penalties
It is an offense to contravene any provisions of this by-law. Any
conviction of an offence is subject to a penalty of not less than:
-
$500.00 for a first offence
-
$1,000.00 for a second offence
-
$1,500.00 for a third offence; and
-
$2,500.00 for any subsequent offence.
6.3
Enforcement of this by-law shall be pursuant to the Rural Municipality of
La Broquerie's Manitoba By-Law Enforcement By-law No. 09-2018, as
amended from time to time.
7.0
REPEAL OF BY-LAW NO. 09-2015
7.1
NOW THEREFORE the Council of the Rural Municipality of La
Broquerie, repeal By-Law No. 09-2015.
DONE, PASSED AND ENACTED by Council duly assembled at the Council Chambers
of the Rural Municipality of La Broquerie 10th day of October, 2018.
________________________________
Lewis Weiss
Reeve
________________________________
Anne Burns
Chief Administrative Officer
Read a first time this 26th day of September, 2018
Read a second time this 10th day of October, 2018
Read a third time this 10th day of October, 2018