By-Law No. 10, 2019 Fire as Amended

Rural Municipality of Prairie Lakes, Manitoba · adopted 2020-08-11

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THE RURAL MUNICIPALITY OF PRAIRIE LAKES BY-LAW NO. 10, 2019 BEING A BY-LAW OF THE RURAL MUNICIPALITY OF PRAIRIE LAKES TO AMEND BY-LAW NO. 5, 2018, AUTHORIZING AND PROVIDING FOR FIRE PREVENTION AND EMERGENCY SERVICES. WHEREAS subsection 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 wellbeing of the people and the safety and protection of property; b) preventing and fighting fires; c) 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 firefighting equipment and a fire protection force; AND WHEREAS Section 268 of The Act provides that a fire protection force may, with the approval of 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 Rural Municipality of Prairie Lakes, duly assembled, enacts as follows: PART I: INTERPRETATION AND DEFINITIONS Interpretation 1. It is the purpose of this by-law to establish the standards for fire prevention; firefighting 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 Fire Code; (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; (c) In this by-law: "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 Chiefs, Acting Fire Chief, Deputy Fire Chiefs, 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, providing transportation for victims (ambulance service), purchasing and operating apparatus and equipment for firefighting and the preservation of life and property, and preventing and mitigating other potential risks to life and property as defined by Council. "FALSE ALARM" in respect to a fire alarm, means the activation of an alarm system resulting in the direct or indirect notification of the Fire Department to attend the address of the alarm system, where there is, in fact no emergency situation at that address. "False Alarm" does not apply to local alarms, when, unknown to the residents or owner of a property, and the fire alarm the premises and the fire alarm system is designed to alert only the occupants of the dwelling unit in which it is installed. "FIRE CHIEF" means the Fire Chiefs in the Municipality and any one acting, or authorized to act, on his/her behalf. "FIRE DEPARTMENT" means the Fire Departments in the Municipality, (currently located in Belmont, Ninette and Dunrea) and includes any part-time, composite (any combination of full-time, part-time or volunteer) or a volunteer fire department. "FIRE FIGHTER" means any member, including volunteers, of the Fire Departments 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. "FIRE INSPECTOR" means the person or agency employed by or acting for the Municipality and partially or wholly responsible for fire safety within the Municipality. "LOCAL ALARMS" The local alarm is a configuration using an audible sound device (a bell or siren) and sometimes a visual one (a strobe light) to report a fire. A local alarm does not automatically notify the fire department, Alarm Company or 911. "MUNICIPALITY" means The Rural Municipality of Prairie Lakes or the area contained within the boundaries thereof. "RECREATIONAL FIRE" means a small fire, usually referred to as a "Campfire". "OUTDOOR FIRE" means a fire that is started outdoors including crop residue burning, land clearing and grass, but does not include a fire started in, and remains contained within, a fire pit or solid fuel burning appliance. "WILDFIRE SEASON" means the period in each year commencing on April 1st and ending on November 15th or any other period of time that may be designated by the Municipality. PART II: ADMINISTRATION Adoption of a Fire Code 3. 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, 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 4. 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. As per Schedule "D". Further, the Municipality may proceed to collect any costs 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 A FIRE DEPARTMENT Creation and Membership 5. There is hereby created Fire Departments for the Municipality, (currently located in Belmont, Ninette and Dunrea) to be known as the Prairie Lakes Fire Department and, 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 Chiefs, and as more particularly set out in Schedule "A" hereto; provided however, the Fire Departments shall not be comprised of less than twelve (12) personnel at any one time. No change in the complement of a Fire Department shall be made without approval of the Council, who may authorize an increase or decrease or vary the above stated complement, by Resolution of Council, upon recommendation of the local Fire Chiefs. Responsibility of the Fire Chief 6. It shall be the responsibility of the Fire Chiefs 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, and those further items as set out in Schedule "B". Election of Officers 7. Annually, in the month of January, the Fire Chief of each Fire sub-station shall cause a General Meeting of its members for the purpose to include the Election of Officers. At some part in the meeting the Chief or Chair shall turn the meeting over to the Council liaison who will Chair the "election of officers" part of the meeting. S/he will call for nominations, obtain the proper mover and seconder for the position and call for the vote. By democratic means, either by show of hands or ballot if preferred, the office of Fire Chief, Deputy Fire Chief and, to a maximum of two (2) Fire Captains. When all offices have been filled or declared vacant, s/he will call for the closing of the nominations and election of officers and turn over the chair to the newly elected Fire Chief. The election results are to be included in/with the January monthly meeting minutes to Council for approval or disapproval at the next regular meeting. PART IV: EMERGENCY SERVICES Emergency Services 8. The mandate of the Fire Department is to provide the specific Emergency Services as described in Schedule "A" to this by-law. Agreement for Emergency Services 9. 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 10. 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: (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 services or Emergency Services; 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; or (f) under such circumstances as it appears human life is in jeopardy; (g) upon request for assistance from the Office of the Fire Commissioner or some other properly designated office of the Province of Manitoba. PART V: GENERAL REQUIREMENTS Interference an Offence 11. 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 12. 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 Chiefs. Requiring Additional Assistance 13. The Fire Chiefs, or in his absence, the senior officer of the Fire Department present 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 or spread of fire and to assist in any other required Emergency Service and any such person, while acting under the direction of the Fire Chiefs, shall be deemed a volunteer of the Municipality. Commandeering Equipment 14. The Fire Chiefs, or in his/her absence, the senior officer of a 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 15. Section 6(1) of the Fire Prevention and Emergency Response Act states for the purpose of investigating the cause, origin, and circumstances of a fire that has occurred on land or premises, the fire commissioner or a designate may, with or without the consent of the owner or occupant, and without a warrant, enter on the land or premises. Prevention of Fire Spread 16. The Fire Chiefs, 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 17. 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; (c) remove 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 18. Portable fire extinguishers shall be: (a) provided and located in accordance with the requirements of the Code; (b) maintained and/or hydro-statically tested in accordance with the requirements of the Code. Chimney Pipes 19. 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 s/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. Outdoor Furnaces 20. Henceforth, outdoor furnaces shall not be allowed within the boundaries of the villages of Belmont and Ninette, hamlets of Dunrea, Margaret and Hilton. Any existing outdoor furnaces in the aforementioned villages and hamlets must comply with the Code and have a chimney height of not less than ten (10) feet from the ground. Property Maintenance 21. All buildings and properties shall be adequately maintained in order to guard against fire or the risk of fire. Fire Alarm Systems 22. (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/her 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 fire-watch service, shall be the responsibility of the owner or his/her 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 23. (a) Prior written permission from the Fire Chiefs shall be required for the storage of flammable and/or combustible liquids or hazardous materials in excess of the amounts permitted in the Code. (b) All explosives, including Fire Works, shall be manufactured, handled, transported and discharged in accordance with Section 5 of The National Fire Code, or in accordance with the Natural Resources Canada "Fire Works Manual" as applicable. Open Fires 24. (a) No person or persons shall kindle fires to burn stumps, trees, logs, brush, grass, straw, shavings or refuse within any populated area within the Municipality, including the L.U.D. of Belmont, the L.U.D. of Ninette, hamlets of Dunrea, Margaret and Hilton, as well as the Beach Resort areas around and about Pelican Lake. (b) No person or persons shall kindle a recreational fire unless same is contained in a suitably constructed container and screened in such a way as to prevent sparks from presenting a fire hazard. (c) All open or recreational fires shall be fully extinguished upon completion of their intended purpose and/or if to be left unattended. Fire/Burning Bans 28. Council may from time to time and at its sole discretion, by resolution, and with set conditions, prohibit any, and/or all burning and/or open fires due to excessively dry conditions. Such ban being put in place for a specific period of time. Any person contravening such burning bans, or any part of this By-Law shall be subject to a minimum penalty of not less than $500.00 dollars or more than $1,000.00 dollars, and in addition to, will be responsible for all costs incurred by the Municipality in fire protection and suppression operations should the fire department be called to extinguish a fire, at a rate of $1,000.00 dollars per hour. As per Schedule "D". PART VII: PENALTY PROVISION Penalty 29. (a) 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: i. personally upon the person to whom it is directed; or ii. by registered or regular mail; or iii. 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: i. 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 ii. any provision of any by-law, Regulation or Order enacted or made by Council; iii. or 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 not less than $100.00 or more than $1,000.00 for neglect or failure to comply therewith and in default of payment of the fine, to imprisonment for a term not exceeding thirty (30) days. Where a person is in contravention under this By-law, in addition to imposing a fine, the municipality is entitled to be reimbursed by the person(s) for costs incurred by the municipality in fire protection and suppression operations that were undertaken as a result of the person(s) acts or omissions that resulted in the costs to be incurred. As per Schedule "D". (d) Any recreational fire deemed to be out of compliance with Section 24(a) and any open fire as referred to in Section 23(a) may be immediately extinguished by the Fire Department with the costs thereof being recovered in accordance with Section 4. (e) Any frivolous complaints concerning recreational fires may be dealt with as a false alarm. (f) 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. PART IX: INDEMNIFICATION Indemnification 30. That the Council of the R.M. of Prairie Lakes shall save harmless and indemnify the Fire Chief and all persons acting under his/her authority from any liability whatsoever which may arise from the proper carrying out of his/her or their duties. PART X: REPEAL AND ENACTMENT Repeal 31. (a) By-law No. 5, 2018, be and the same are hereby repealed. (b) The repeal of the by-law in the last preceding subsection mentioned shall not revive any by-law or any provision of any by-law repealed by it, 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. The repeal of the said by-law should not affect: i. 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 ii. 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 iii. 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 iv. any office, appointment, commission, salary, allowance, security, duty, or any matter or thing appertaining thereto at the time of such repeal; or v. any bond, note, debenture, debt, or other obligation made, executed, or entered into by the Municipality at the time of such repeal. (d) The repeal of the said by-laws 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 32. This by-law shall come into full force and take effect upon the passage thereof. Validity of By-Law 33. 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 Rural Municipality of Prairie Lakes, duly assembled, this 11th day of August A.D. 2020. _________________________________ Reeve. First Reading: October 8th, 2019 Second Reading: August 11th, 2020 Third Reading: August 11th, 2020 _________________________________ Chief Administrative Officer. SCHEDULE "A" TO BY-LAW NO. 10, 2019 EMERGENCY SERVICES PROVIDED BY THE FIRE DEPARTMENT The Prairie Lakes Fire Departments 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) preservation of life and property and protection of persons and property from injury or destruction by fire which includes the operation of apparatus and equipment for extinguishing fires or preserving life and property; c) thereafter, the Fire Departments may provide the following services: (i) investigation of the causes of fire and origination and determination; (ii) non-specialized rescue inclusive of water/ice rescue and farm accident rescue, having regard to the municipality's limited resources and existing fire department equipment; (iii) protection and preservation of a fire scene until such fire scene is secured; (iv) purchase of fire apparatus and equipment for extinguishing fires or preserving life and property as directed and authorized by the municipality; (v) hazardous material responses having regard to the equipment resources of the municipality and the level of training of the fire department; (vi) fire prevention inspections; (vii) pre-fire planning; (viii) public safety education; (ix) precautionary stand-by; (x) extinguishing and prevention of grass fires; (xi) response to any request that the Fire Departments deems an emergency, including but not limited to, CO2 alarms, animals in peril and gas odors. (xii) Flood response. In all cases, the services to be provided by the Fire Departments shall have no modification, extension or upgrading of such services specified in this schedule to this by-law by the Prairie Lakes Fire Department without prior approval of the municipality. Such approval by the municipality may be determined, by Council, on an ad hoc bases having regard to the municipality's fiscal means and budgetary constraints. SCHEDULE "B" TO BY-LAW NO. 10, 2019 FIRE CHIEF RESPONSIBILITIES 1. Shall be responsible to Council for their department/sub-station operations as part of the Prairie Lakes Fire Department and will submit the names of the elected Officers to Council for approval following the 1st meeting after the annual Election, of suitable personnel to act as Deputy Chief and other Officers and Fire Fighters as are necessary to operate the Prairie Lakes Fire Department. The list for Schedule "A" will be amended from time to time under the direction of the Chief Administrative Officer from the information supplied by the Fire Chiefs. 2. Shall be an Assistant to the Provincial Fire Commissioner and shall carry out all duties as prescribed by The Fires Prevention Act. The Fire Chiefs shall be responsible to Council to help prepare and present an Annual Budget for the Prairie Lakes Fire Department, and the Chiefs and other members of the Prairie Lakes Fire Department shall be paid a salary or remuneration as determined by the R.M. of Prairie Lakes Council. The annual remuneration for the Fire Chief, the Deputy Fire Chiefs, the Fire Captains and the Secretary shall be as legislated under the jurisdiction of the R.M. of Prairie Lakes "Organizational By-Law", which may be amended from time to time. 3. Shall enforce all By-Laws of the Rural Municipality of Prairie Lakes and all laws of the Province of Manitoba and regulations made thereunder relative to: a) the prevention of fire; b) the storage, sale and use of combustible and dangerous goods c) the installation and maintenance of automatic or other fire alarm systems and fire extinguishing equipment; d) the construction, maintenance and regulation of fire escapes and exits; e) the means and adequacy of exits in case of fire or dangerous goods incidents, from public buildings and all other places in which numbers of persons work, live or congregate from time to time for any purpose; f) prevention and control of forest or prairie fires (outside the wooded districts). 4. Shall be responsible to the Council of the R.M. of Prairie Lakes for training, morale discipline and general efficiency of the Prairie Lakes Fire Department and shall conduct suitable training sessions in preparation thereof. 5. Shall suggest names of potential fire fighters who shall be able bodied citizens and qualify under the guidelines as set out in Schedule "C" to Council. 6. Shall keep on record and in confidence (with copies retained at the Municipal Office) copies of Fire Personnel transcripts of training undertaken to ensure proper allocation of personnel when attending to the duties prescribed in this By-Law. SCHEDULE "C" TO BY-LAW NO. 10, 2019 GUIDELINES FOR APPROVING NEW APPLICANTS FOR SERVICE WITH THE FIRE DEPARTMENT 1. The applicant must be eighteen (18) years and older and should have a Manitoba Driver's license in good standing. The applicant must be prepared to obtain or upgrade his/her license to a Class 4 upon request of the Fire Chief and / with air endorsement if also requested. A copy of valid driver's license must be provided for the applicants file. 2. The applicant should be prepared and able to spend the time attending meetings and practice sessions to build the firefighting skills necessary for the job. 3. The applicant must allow a background check for criminal convictions. 4. The applicant should be in sound physical condition and disclose any allergies (i.e. smoke) or illnesses (i.e. asthma) which may prevent him/her from carrying out the duties of a fire fighter. 5. The applicant must apply in writing to the Fire Chiefs and should attach two written character references or phone numbers so the references may be contacted quickly if necessary. The application will be reviewed by the members of the Fire Department and a recommendation made to Council. SCHEDULE "D" TO BY-LAW NO. 10, 2019 FEES and CHARGES SCHEDULE R.M. OF PRAIRIE LAKES VOLUNTEER FIRE DEPARTMENT COMPENSATION DUNREA AND NINETTE FIRE STATIONS MEETINGS $24.00 / MEETING & TRAINING NIGHTS INCIDENTS $20/HOUR TRAINING COURSES $12/HOUR UPON COMPLETION AND PASSING GRADE REPORTS $10/ REPORT RADIOS $150/YEAR PAID OUT IN JUNE (6 RADIOS = $900.00) INDEMNITIES $600 FIRE CHIEF $300 DEPUTY FIRE CHIEF $150 FIRE CAPTAINS $150 SECRETARY MILEAGE $0.45/KM FOR TRAINING COURSES, MAFC CONVENTIONS, MUTUAL AID MTG R.M. OF PRAIRIE LAKES VOLUNTEER FIRE DEPARTMENT COMPENSATION BELMONT FIRE STATION MEETINGS $24.00 / MEETING INCIDENTS $20/HOUR TRAINING $12/HOUR UPON COMPLETION AND PASSING GRADE REPORTS $10/ REPORT FIRE CHIEF CELL PHONE $40.00 / MONTH (1 CELL ONLY = $480.00 / YEAR) INDEMNITIES $600 FIRE CHIEF $300 DEPUTY FIRE CHIEF $150 FIRE CAPTAINS $150 SECRETARY MILEAGE $0.45/KM FOR TRAINING COURSES, MAFC CONVENTIONS All Departments $100.00 min. to $1000.00 max. fine for contravention of By-Law, Except for Burn Ban, starts at min. $500.00 for fine.__________________________ plus $1000.00 / Hr. for Man hours and equipment costs in contravention of By- Law