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VILLAGE OF MCADAM
BY - LAW NO. 6
A BY - LAW RESPECTING FIRE PREVENTION.
PASSED AUG. 18, 1967
BE IT ENACTED by the Mayor and
Councilors of the Village of
McAdam as follows:
Original signed by the Mayor H.S. Dixon
1. (1) The council shall appoint a person to be known as the "Fire Prevention Officer."
(2) The Fire Chief may be appointed the Fire Prevention officer.
2.
The Fire Prevention Officer and the Fire Chief, or any person duly authorized by
either of them in writing, may enter into any building or premises at reasonable
times for the purpose of inspection for fire prevention or to investigate the cause
or origin of a fire.
3.
The fire prevention Officer may enforce the provisions of the Fire Prevention Act,
R.S.N.B. 1952 c. 86, as amended, and the regulations made under authority of the
said Act.
4.
The Fire Prevention Officer may from time to time enter any dwelling house,
factory, store and other building within the Village and examine the manner in
which any fireplace, chimney, furnace, stove, stovepipe, boiler or ash heap is
constructed, placed of kept, and if he finds the same or any of them to be a cause
of danger by tending to cause or to spread fire, he shall given written direction to
the owner or occupier of such building to remove the cause of danger within a
time to be specified by such direction.
5. (1) When the Fire Prevention Officer finds a building of other structure which, for
want of proper repair or by reason of age and dilapidated condition or for any
cause, is especially liable to fire, or which is so situated as to endanger persons or
property therein or that exits from the building or buildings are inadequate or
improper to use, or that there are in or upon any building or premises, combustible
or explosive material or conditions dangerous to the safety of persons, buildings
or premises, he may order the owner or occupant to:
(a)
Remove or demolish such building or make such repairs or alterations as such
officer deems necessary;
(b) Remove such combustible or explosive materials or remove or repair anything
that may constitute a fire hazard;
(c)
Install safeguards by way of fire extinguishers, fore alarms and other devices and
equipment and also such fire escapes and exit doors as such officer deems
necessary to afford ample exit facilities in the event of fire or an alarm of fire.
(2)
Where, in the opinion of the Fire Prevention Officer, any electrical installation,
apparatus or equipment in or upon any building or premises is in a condition to be
especially likely to cause fire and to be dangerous to the safety of persons or
property, he any in writing order any person or organization supplying electrical
installation, apparatus or equipment is remedied.
(3)
Where any appliance, apparatus or place in or upon any building or premises is
used or intended to be used for supplying fire or heat, and, in the option of the
Fire Prevention Officer, the use of the appliance, apparatus of place for that
purpose is likely to be dangerous to persons or property, he may order in writing
that no fire be lighted or maintained in the appliance, apparatus or place until the
dangerous conditions have been remedied.
6. (1) Where in any place of assembly, or in any building or premise used as a hotel or
restaurant there is, in the option of the Fire Prevention Officer, a fire hazard
dangerous to the safety of persons, he may order that public be not admitted to
such place of assembly building or premises until the fire hazard has been
remedied to his satisfaction.
(2) Where in any place of assembly or in any building or premises used as a hotel or
restaurant there is, in the opinion of the Fire Prevention Officer, danger to the
safety of the public by reason of the inadequacy of exits or the presence of
flammable material or any other reason, he may order that the number of persons
to be permitted to be in or upon the place of assembly, building or premises at any
on time shall not exceed a number to be stated in the order.
(3) When, in the opinion of the Fire Prevention Officer, the smoking of pipes, cigars
or cigarettes in a place of assembly or in a building or structure containing a place
of assembly constitutes a fire hazard dangerous to the safety of persons, he may
order that smoking shall not be permitted in the place of assembly or in the
building or structure containing it, or shall only be permitted in such rooms or
portions of the place of assembly, building or structure as shall be designated in
the order.
7. (1) No person shall set of fire any combustible matter outside any building without
the permission of the council or the Fire Prevention Officer:
(a)
Unless such matter is burned in a properly contracted incinerator approved by the
Fire Prevention Officer or a person duly authorized by him in writing; or unless
(b)
The setting on fire of suck matter complies with the provisions of the Forest Fires
Act, R.S.N.B. 1952, c. 91 as amended, and regulations made there under with
respect to the lighting of fires.
(2)
Without limiting the generality of subsection (1), no person shall light a grass fire
without the permission of the Fire Chief or the Fire Prevention Officer or a person
duly authorized by either of them in writing.
8.
No person shall place ashes in any container unless to be made exclusively of
masonry or metal.
9.
The occupant of every industrial and commercial premises shall keep such
premises free from rubbish and combustible containers and shall not permit ashes
to accumulate therein over a period greater than one month.
10.
The occupant of every commercial and industrial premises shall keep every
elevator shaft which is not completely enclosed protected by a substantial railing
and guard at each floor level and maintain trap doors of a type approved by the
Fire Prevention Officer and shall keep such trap doors closed at all times except
when the elevator is in operation.
11.
No person shall place merchandise so as to obstruct entrance by firemen through
any window, door, stairway or passageway in such premises.
12. (1) Where there is no occupier of the building or premises in respect of which an
order is made and the owner is absent from the province or cannot be found
within the Province, the Fire Prevention Officer, may himself, with the approval
of the council carry out an order involving an expenditure of not ore than one
hundred dollars ($100.00) ; and, with the approval of the Attorney-General of the
Province and the Council, any other order.
(2) The Fire Prevention Officer shall certify the expenses actually and necessarily
incurred in carrying out the order and deliver the certificate to the Village
Treasure and the Treasurer shall pay the amount so certified to the Fire Prevention
Officer from the ordinary revenue of the Village.
13.
An order of the Fire Prevention Officer by authority of this by - law shall be
made in the manner provided in Section 109 (2) of the Municipalities Act,
Statutes of New Brunswick 1966, c. 20.
14.
No person shall obstruct the Fire Prevention Officer in the exercise of his duties.
15.
Every person who violates or fails to observe this by - law or an order made
hereunder shall be liable on conviction to a penalty not exceeding fifty Dollars
($50.00)
Original signed by the Village Clerk
Marjorie O'Keefe
Approved by the Lieutenant Governor-Council
October 4, 1967
Order in council Number 67-913