By-Law No. 2787 Fire Prevention and Emergency Services By-Law — full text

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## Town of Virden ## Fire Prevention and Emergency Services By-Law ## By-Law No. 2787 Being a by day of to town of Vichen to provid for fa fightie code eventire the relied, continuing and operating an emergency service for the Municipality, and to be known as the "Fire WHEREAS subsection 232(1) of the Municipal Act provides that a council may pass by-laws for municipal purposes respecting the following matters: property; (a) the safety, health, protection and well being of people and the safety and protection of (b) preventing and fighting fires; (c) the enforcement of by-laws AND I SA cion 1 or tie As toride the are on ine mario lie sites the poison of re in equipmen an ate prietion lares instructions on fighting. AND WHEREAS section 268 of the Act provides that a fire protection force may, with the gury an of theresa, on or de the propes, including the prevention and release of less and NOW THEREFORE the Council of the Town of Virden, duly assembled, enacts as follows: PARTI: INTERPRETATION AND DEFINITIONS Interpretation combustible substances. 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 Definitions 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. 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. In this by-law: amended from time to time. (1) «ACT" means The Municipal Act S.M. 1996, c.58, C.C.S.M. c.M225 as (2) "AUTHORITY HAVING JURISDICTION" means the WDED Fire Chief, as appointed by the Wallace District Fire Board, the acting Fire Coice Decal with Coal authorit for onto line the subjet retered to including, without restricting the generality thereof, municipal Fire time to time, or any subsequent Manitoba Fire Code which may be «COUNCIL" means the council of the Municipality. (4) property, and preventing and mitigating other potential risks to life and apparatus and equipment for firefighting and the preservation of life and transportation for victims (ambulance service), purchasing and operating 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 - 'EMERGENCY SERVICES" includes, bu ..s not limited to, all fire (5) property as defined by Council. «WDED FIRE CHIEF" means the Wallace District Fire Department (WDFD) Fire Chief, as appointed by the Wallace District Fire Board and behane Municipality and any one acting or authorized to act on his "WDFD FIRE DEPARTMENT" means the Wallace District Fire Department (WDFD) Fire Department, for the Municipality and the Wallace-District Fire Board, and includes any part-time, composite (any combination of full-time, part-time or volunteer) or paid-on-call fire department. "FIRE FIGHTER" means any member, including paid-on-call, of the Fire "FIRE INSPECTOR" means the person or agency employed by or acting for the Municipality, including the WDED Fire Chief, and partially or wholly responsible for fire safety within the Municipality. within the boundaries thereof. "MUNICIPALITY" means The Town of Virden or the area contained (10) ## PART II: ADMINISTRATION ## Adoption of Fire Code She Mut except hereby alons as are desper of ted mai and the hold and 1. 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 Muntipkily may, in respect of any related ost ered in in elbe la, chate land or property in respect to which the action was taken. Further, the Municipality may ## PART III: CREATION OF FIRE DEPARTMENT ## Creation and Membership There is hereby created the WDED Fire Department for the Town of Virden, to be comprised of the WDFD Fire Chief and such other Fire Department personnel as from Fire Department shall not be comprised of less than six (6) personnel at any one time. time to time may be deemed necessary by the Fire Chief; provided however the WDED sp rohan e the her, lemon ay at are an in as order all and vibe stated complement upon recommendation of the WDFD Fire Chief. Responsibility of Fire ( s - PART IV: EMERGENCY SERVICES Emergency Services The mandate of the WDFD Fire Department is to provide the specific Emergency Services as described in Schedule "A" to this by-law. The WDFD Fire Chief or his delegate shall have the authority to enter upon any private or public property and to move privately owned vehicles for the purpose of providing the emergency services listed in 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 Response outside Municipality 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: Municipality; or 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 ping in selity dil mergency remen has been catcred into to provide fire (c) in a Municipality which forms part of a mutual aid agreement for which the Municipality is a member; or on property with respect to which an agreement has been entered into with any (d) person or corporation to provide fire protection therefor; or @ for which the head of council has first authorized such attendance; or under such circumstances as it appears human life is in jeopardy upon request for assistance from the Office of the Fire Commissioner or some other properly designated office of the Province of Manitoba. (g) PART V: GENERAL REQUIREMENTS Interference an Offence It shall be an offence for any person, other than the Authority Having Jurisdiction or a Fire Fighter during duty, to turn on or interfere with any fire hydrant, in any manner whatsoever. Tampering an Offence prevention, fire suppression, or rescue apparatus, or move any such apparatus from its It shall be an offence for any person to tamper with, damage, or discharge any fire allocated location, without the permission of the Fire Chief having jurisdiction. Requiring Additional Assistance 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 Equipruat The or Chief or any salence recy Sofice, ofth lave Death and ese at any. commandeer and authorize payment for the possession or use of any equipment for the maximiato s10, e of fighting a fire or providing any other Emergency Service to a 13. ## PART VI: FIRE PREVENTION STANDARDS Access for Inspection The Authority Having Jurisdiction may, at all reasonable times, enter any premises for the Having urisdiction fre adas heret in charge of the premises shall llow the Authority ## Prevention of Fire Spread The Fire Chief, or in his absence, the senior officer of the Fire Department, present at any 15. ## Fire Damaged Building of unauthorized persons. 16. The owner of any fire damaged building shall ensure that the premises are guarded, or that all opening in the building are kept securely closed and fastened, to prevent the entry If the owner fails to provide the necessary security to the fire damaged building within a reasonable time, pursuant to the Fire Services Act, then the Fire Chief or alternatively, the Building Inspector, may have the work performed and the owner shall be liable to a charad at Demo lott peal to ht over of vilen: , tea change remains shall be entered on the real property tax roll in respect of the property receiving the assistance and shall be collected as taxes in arrears for said property. ## Controlled Burns The WDFD Fire Chief, or his delegate(s) has the authority to oversee a controlled burn, within the uni diation of thed ur tie airy, wine tina burp is decon or cosing for thi precautions will be taken to reduce any impacted wildlife, small trees and the health of the residents of the Municipality. Burns will occur during daylight hours and only be scheduled when there is enough manpower to safely control and monitor the burn. The WDFD Fire Chief has the authority to decide whether or not the fire department will undertake a controlled burn on private property, at the request of the property owner, and with prior written approval of the Council, and shall have the authority to charge the property owners for all the manpower and equipment used during the controlled burn. 17. Controlled burns for the purpose of training are allowed within the fenced area designated as the Practical Training Site for use by the fire department only. Outdoor Fires/Fire Pits/Outdoor BBQs/Fireworks All outdoor fires are prohibited in the Town of Virden except for an outdoor fire pit, outdoor fireplace or other outdoor solid burning fuel receptacle shall be allowed providing they are enclosed on all sides and constructed of masonry, concrete, heavy gauge metal or other non-combustible materials and are equipped with a wire mesh screen or spark arrestor. 18. neighbouring residents or traffic. If it is the fire must be extinguished immediately. A minimum clearance of 3 meters (10 feet) measured from the nearest edge of the receptacle shall be maintained from any combustible buildings, sheds, hydro poles, fences trees or any other combustible structures. A minimum distance of 3 meters must also be maintained from neighbouring property lines. Only seasoned firewood may be burned in fire pits. The burning of grass, leaves, branches and garbage is not permitted. Smoke from solid fuel burning appliances must not be a hindrance or nuisance to When in use, ouraoor solid burning fuel appliances must bu supervised by an adult. A means of extinguishment such as a portable fire extinguisher, pail of sand or water or a charged garden hose shall be readily available. All fires must be completely extinguished before leaving the site. Resources of Canada. All Fireworks are prohibited in the Town of Virden unless a permit has been authorized by the Fire Chief having jurisdiction, including written verification that the fireworks are being discharged under the direct supervision of an individual holding a valid Fireworks Operator Certificate issued by the Chief Inspector of Explosives through Natural ## PART VII: PENALTY PROVISION Penalty An order made under this by-law shall be in writing and signed by the WDFD  (a) 18. (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 mail; or In the case of service by registered mail the order shall be deemed to have been received on the fifth business dav after the date it is mailed. Any person who contravenes or disobeys, or refuses or neglects to obey: (c) 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 Council; or any provision of any by-law, Regulation or Order enacted or made by 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 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.  ## PART VIII: REPEAL AND ENACTMENT Repeal That By-law No. 2778 be hereby repealed. (a) 19.  provision of law formerly in force to any transaction, matter or thing The repeal of the said by-law(s) should not affect: - (1) 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 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; (3) any office, appointment, commission, salary, allowance, security, such, er any matter or thing appertaining thereto at the time of any bond, note, debenture, debt, or other obligation made, executed, or entered by the Town 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 21. This by-law shall come into full force and take effect upon the passage thereof. 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 silo portion as may be de aed invand the Code independent of the elimination of any DONE AND PASSED by the Council of Town of Virden, in open Council assembled, at Virden, in the Province of Manitoba this 9"h day of February, 2021.  Read a first time this 26t4 day of January, 2021 Read a second time this 9* day of February, 2021 Read a third time and passed this 9ü day of February, 2021 Schedule **" - Emergency Services Provided by Firepartment ## The Fire Department will provide the following Emergency Services: | fire prevention and fire extinguishing, which includes structural fire fighting for rescue, fire control and property conservation; 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; rescue | 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; purchase and operation of apparatus and equipment for extinguishing | fires or preserving life and property; | water rescue; | high and low angle rope rescue; hazardous material responses | vehicle extrication; farm accident rescue; | ground search and rescue; traffic control as per the Manitoba Highway Traffic Act; | aircraft rescue and firefighting; | p) confined space rescue; biological and chemical responses; | fire prevention inspections; pre-fire planning; | public safety education; precautionary standby; | extinguishing and prevention of grass fires; extinguishing and prevention of urban interface fires; | flood response; | response to any request that the Fire Department deems an emergency, including but not limited to, CO alarms, animals in peril and gas odors. | Practice, which includes: 1) Us generapy, and ill) Airway Management | |-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------|------------------------------------------|-----------------|----------------------------------------------------------------|----------------------------------------------|--------------------------------------------------------------------------------------|-------------------------------------|----------------------------------------------------------------|---------------------------------------------------|---------------------------------------------------|-------------------------------------------------------------------------------------------------------|-------------------|-------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------| | | | | | | | | | m) | | | | u) | v) | w) | | | Schedule "B" - WD and WW Fire Department Vehicle Charge Out Rates The Fire Departments will charge the following vehicle rates: | Each Additional Hour | $300.00 $400.00 $400.00 $300.00 $250.00 | $400.00 $400.00 $300.00 $250.00 | $200.00 | $200.00 $400.00 $300.00 $400.00 | $30.00 per man per hour Minimum 2 hours $250.00 per pail At cost | |------------------------|--------------------------------------------------------|--------------------------------------------|-----------|---------------------------------------|--------------------------------------------------------------------| | First Hour | $900.00 $900.00 $1300.00 $900.00 $500.00 | $1300.00 $900.00 $900.00 $500.00 | $600.00 | $800.00 $1300.00 $900.00 $900.00 | | | | Virden Squad 1: Rescue 1 Engine 1 Tanker 1 Chief Truck | Elkhorn Engine 2 Rescue 2 Tanker 2 Squad 2 | RIV | Kenton 1 Ton Engine 1 Tanker 1 Rescue | Manpower Foam Used Incidentals |