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TOWN OF MAPLE CREEK
BYLAW NO. 2018-MC-07
Page 1 of 21
A BYLAW RESPECTING FIRE PREVENTION
The Council of the Town of Maple Creek in the Province of Saskatchewan enacts
as follows:
1. In this bylaw:
a. "Chief" means the Chief of the Fire Department or such other
person who may be appointed by the Council to carry out the
provisions of this Bylaw.
b. "Council" means the Council of the Town of Maple Creek.
c. "Clear Period" means an uninterrupted length of time in which no
false alarm has occurred.
d. "E.M.O. Coordinator" means the Emergency Measures Coordinator
appointed by the Council.
e. "Fire Department" means the Fire Department for the Town of
Maple Creek.
f. "Local Assistant to the Fire Commissioner" means the Chief or
Acting Chief of the Fire Department.
g. "Permit" means the written authority of the Fire Chief issued
pursuant to this Bylaw.
h. "False Alarms" means the activation of a Security Alarm System or
a Fire Alarm System as a result of which the Maple Creek Fire
Department or emergency response services:
i)
Are paged and are subsequently cancelled after having
been paged; or
ii)
Are provided on behalf of the town and have responded
and
do not find any evidence of fire, fire damage, smoke in
relation to the building structure, residence or facility, or
where there has been no other fire emergency situation.
i. "Fire Alarm System" means a device or devices installed on or in
real property and designed to issue a warning of a fire by activating
an audible alarm signal or alerting a Monitoring Service but does
not include a Fire Alarm System that is intended to alert only the
occupants of a single family dwelling unit in which it is installed.
j. "Fireworks" shall mean and include any combustible or explosive
composition or any substance or combination of substances or
articles prepared for the purpose of producing a visible or an
audible effect by combustion, explosion, deflagration or detonation.
k. "Monitoring Service" means any mechanical, electrical or electronic
device which is designed, intended or used for detection of an
unauthorized entry into a building, structure, facility or surrounding
area, or for alerting others to the commission of an unlawful act, or
both, and which emits a sound or transmits a message, or does
both, but does not include:
i)
A device which registers an alarm which is not
Audible, visible or perceptible outside the
premises.
ii)
A device which is installed in a motor vehicle.
TOWN OF MAPLE CREEK
BYLAW NO. 2018-MC-07
Page 2 of 21
1.1.1 Carrying out of Orders by Fire Chief
(1) The Fire Chief may carry out or cause to be carried out the activities
required to be done by an order if:
a. The person to whom the order is directed fails to comply with
the order within the time specified in the order and, no stay of
the order has been issued; or
b. After reasonable inquiry, the whereabouts of the owner, an
agent of the owner or occupant of the building, structure or
premises that is the subject of the order cannot be determined.
(2) If an order is carried out by the Fire chief under Subsection (1), the costs
incurred in carrying out the order are a debt due to the municipality of
Maple Creek and may be recovered from the owner of the building,
structure or premises in or on which the order was carried out.
(3) If the costs mentioned in Subsection (2) are not paid at the end of the year
in which the order was carried out, the municipality may add the amount of
the costs and expenses to the owner's property taxes.
1.2 Appeals to Fire Commissioner
(1) A person who is aggrieved by an order made by the Fire Chief or a
municipal inspector may, within 15 days of being served with the order,
appeal the order to the Fire Commissioner.
(2) An appeal under this Section is made by filing a written notice of appeal
setting out the reasons for the appeal on the fire commissioner and serving a
copy of the appeal on the Fire chief or their delegate.
(3) The fire commissioner shall consider the appeal within 20 days of the
serving of the appeal and may confirm, modify or revoke the order appealed
from or substitute an order for the order being appealed from.
(4) The fire commissioner shall cause a copy of the decision to be served on:
(a) The appellant;
(b) The Fire Chief or municipal inspector; and
(c) Any other persons whom the fire commissioner considers may be
interested in the decision.
(5) An appeal taken under this Section does not operate as a stay of the order
appealed from unless the fire commissioner, on an application by the
appellant, decides otherwise.
1.3 Appeals to the Saskatchewan Municipal Board
(1) The Fire Chief, municipal inspector or other person who is aggrieved by a
decision of the fire commissioner under Section 13 may, within 20 days of
being served with the decision, appeal the decision to the Saskatchewan
Municipal Board.
(2) A person making an appeal under this Section shall serve a written copy
of the appeal on the fire commissioner.
(3) On receipt of an appeal under this Section, the Saskatchewan Municipal
Board shall consider the appeal and may confirm, modify or repeal the
TOWN OF MAPLE CREEK
BYLAW NO. 2018-MC-07
Page 3 of 21
decision appealed from or substitute its decision for the decision being
appealed from.
(4) The Saskatchewan Municipal Board shall give written notice of its decision
to the Fire Commissioner, the appellant and any other person that the
Saskatchewan Municipal Board considers may be interested in the decision.
(5) An appeal taken under this Section does not operate as a stay of the
decision appealed from unless the Board, on an application by the
appellant, decides otherwise.
Appeal to Court of Appeal
(1) Notwithstanding The Municipal Board Act, with leave of a judge of the
Court of Appeal, any person who is aggrieved by a decision of the
Saskatchewan Municipal Board made under Section 14 may appeal to the
Court of Appeal against the decision of the Saskatchewan Municipal
Board within:
(a) 30 days after the date the decision was made; or
(b) any further period not exceeding 30 days that a judge of the court of
Appeal may allow on an application that is made within 30 days after the
date the decision was made.
2.1 General Precautions Against Fire
(a) No waste paper, hay, straw, shavings, accelerator or other flammable
material shall be allowed to accumulate in any building, yard, or premises
unless placed in a covered metal receptacle or in a fireproof room
provided with fire doors. All such material, if not so placed, shall be
removed or destroyed at the close of each business day.
(b) No uncovered hay, straw, or accumulation of flammable material shall
be placed within 60 m (200 ft.) of any building.
(c) The burning of rubbish or flammable waste material shall not be
kindled within 23 m (75 ft.) of any building except by permit (in accordance
with attached Schedule B) from the Fire Chief and resolution of Council;
and any such burning shall be done between 7:00 am and 11:00 p.m.
when a competent person shall be constantly in charge of the fire until it is
extinguished. The burning shall be in a properly constructed brick or
metallic burning receptacle covered with a suitable 3 mm wire mesh or in
an incinerator of a design approved by the Fire Chief.
(d) All ashes when deposited within a building shall be placed in a non-
combustible container and shall not be placed on a combustible floor and,
when deposited outside, shall be placed at least 4.5 m (15 ft.) from any
wooden structure or other combustible material or placed in a non-
combustible container or pit.
(e) No person shall start the burning of straw, weeds, grass or fire a
stubble field until a permit has been obtained from the Fire Chief or by
resolution of Council, and no such permit shall be issued unless the
applicant undertakes to see that the fire is kept under complete control at
all times; that a competent person shall be constantly in charge of the fire
until it is extinguished; and that smoke shall not create a traffic hazard on
any public highway.
TOWN OF MAPLE CREEK
BYLAW NO. 2018-MC-07
Page 4 of 21
2.2 Fire Pits
Open cooking fires shall not be set unless the following measures are
taken to limit their spread:
(a)Fires must be contained in a non-combustible receptacle constructed of
concrete, brick, stones or sheet metal with a minimum eighteen (18)
gauge thickness and with a maximum diameter of eight-two (82)
centimeters (32.28").
(b) The brick, stone, concrete or sheet metal shall be separated from
grass and any other vegetation by a distance of at least forty (40)
centimeters (15.7") by means of clean earth, sand, gravel or other non-
combustible medium;
(c) A receptacle must be covered with a heavy gauge metal with openings
not exceeding thirteen (13) millimeters (0.5") and
(d) The receptacle shall be located on private property, a distance of at
least three (3) meters (9.8 ft.) from any property line, building or other
combustible structure.
2.3 Chimenea and Portable Fire Pits
(a) Shall not be used on apartment balconies
(b) Shall not be used indoors
(c) Shall not be used on wooden decks; may be used on a
noncombustible surface such as earth, concrete, stone, brick, etc.
2.4 General Requirements
(a) Open-air fires shall not be set unless the following measures are taken
to limit their spread:
(b)fires shall be contained in a non-combustible receptacle constructed of
cement, brick or sheet metal with a minimum 18-gauge thickness;
(c) a receptacle shall be covered with a heavy gauge screen with
openings not exceeding 13 millimeters; and
(c) the size of the fire box of any receptacle shall not exceed 0.61 meters.
(2) The fuel for open-air fires shall consist only of charcoal or cut,
seasoned wood, the burning of the following material is prohibited:
(a) rubbish;
(b) garden refuse;
(c) manure;
(d) livestock or animal carcasses; and
(e) any material which when burned will generate black smoke or an
offensive odor including insulation from electrical wiring or equipment,
asphalt roofing materials, hydrocarbons, plastics, rubber materials, or any
similar material.
(3) Open-air fires shall be reasonably supervised so as to prevent their
spread.
(4) Open-air fires shall be adequately ventilated to ensure proper
combustion and to prevent an unreasonable accumulation of smoke.
TOWN OF MAPLE CREEK
BYLAW NO. 2018-MC-07
Page 5 of 21
(5) Open-air fires shall not be set in windy conditions conducive to creating
a running fire or a nuisance to another person.
(6) If smoke from an open-air fire causes an unreasonable interference
with the use and enjoyment of another person's property, the fire shall
be extinguished immediately.
(7) The Fire Chief may issue a "Permit" to a person to set an open-air fire
as part of a block party, community event or similar special function or
celebration. In this event, the Department may waive any
requirements of this Section with respect to the permitted open-air fire,
but the permittee shall comply with all other requirements of this
Section and any other conditions attached to the Permit by the
Department.
3.0 False Alarm
Through the Town of Maple Creek Fire Prevention Bylaw False Alarm
fees, the ultimate goal of the Maple Creek Fire Department is to reduce
the number of false incidents to which fire crews respond each year.
3.1
False Alarm incidents include but are not limited to:
i) the testing of an Alarm without notice to the Maple Creek Fire
Department which results in a fire call out;
ii)an Alarm actually or apparently activated by mechanical failure,
malfunction or faulty equipment;
iii)an Alarm activated by user error;
iv)an Alarm reporting a fire or a fire emergency situation occurring on or in
relation to the address in which the Alarm System is installed where no
evidence exists or where no such event took place; or
v) an Alarm actually or apparently activated by atmospheric conditions,
excessive vibrations or power failure.
3.2
The owner or occupier of real property shall use, install, maintain and
operate any Fire Alarm System or Security Alarm System installed on or in
the real property in a manner that will ensure the prevention of False
Alarms.
3.3
In the event that the Maple Creek Fire Department is required to forcibly
enter a premises due to a False Alarm, all costs incurred must be paid by
the owner or occupier of the property.
3.4
Fees apply to the owner or occupier of real property where any Fire Alarm
System or Security Alarm System is installed on or in the real property.
3.5
The owner or occupier of real property where any Fire Alarm System or
Security Alarm System is installed on or in the real property shall maintain
a twelve (12) month clear period from the date of the last false alarm
occurrence before such time where a First (1st) occurrence fee will be
reinstated.
4.0 Fireworks
(1) Sale of Fireworks
No person shall sell any fireworks and no person being the owner,
occupant or person in charge of any premises shall permit any fireworks to
be sold on the premises:
(a)without first having obtained a business license with the Town of Maple
Creek and also obtaining a license for the sale of fireworks within the
federal guideline; and;
TOWN OF MAPLE CREEK
BYLAW NO. 2018-MC-07
Page 6 of 21
(b)Except to a person who is 18 years of age or older.
(2) No person shall sell any high hazard fireworks and no person being the
owner, occupant or person in charge of any premises shall permit any
high hazard fireworks to be sold on the premises to anyone other than a
fireworks supervisor.
(3) No person shall sell, and no person being the owner, occupant or
person in charge of any premises shall permit any fireworks to be sold
other than as specified in the fireworks sale permit.
(4) The handling and storage of fireworks shall be in accordance with the
Explosives Act and its Regulations, and The National Fire Code.
4.1 Discharge of Fireworks
(1) No person shall discharge any fireworks in a manner that would create
a danger or nuisance to any other person or property.
4.1.1 No person shall discharge any fireworks into or onto any public
place and no person being the owner or occupant of any premises shall
permit any fireworks to be discharged into or onto any public place without
first obtaining a firework display permit from the Fire Department.
4.1.2 No person shall discharge any low hazard fireworks and no person being
the owner or occupant of any premises shall permit any low hazard
fireworks to be discharged except:
i) between the hours of dusk and 11:00 p.m. on Victoria Day, Canada Day,
or Labour Day; or
ii)such other dates and times as permitted by the Fire Chief in the permit.
4.1.3 No person shall discharge any fireworks on a school site without the prior
written consent of the Board of Education or School Division that owns the
site, and without first obtaining a fireworks permit from the Fire Chief.
4.1.4 No person under 18 years of age shall discharge any fireworks except
under the direct supervision of a parent, guardian or other responsible
adult.
4.1.5 No parent or guardian of a child under 18 years of age shall suffer or
permit the child to discharge any fireworks, except when under the direct
supervision of the parent or guardian.
4.1.6 No person shall discharge any fireworks other than as specified in the
fireworks display permit and in accordance with the terms and conditions
of the fireworks display permit.
4.2 Indoor Fireworks
4.2.1 No person shall hold an indoor fireworks (pyrotechnics) display without
first obtaining a permit from the Fire Department.
4.2.2 The person holding the permit shall be responsible to ensure that the
display is conducted in accordance with provisions of the current
Pyrotechnic Special Effects Manual prepared by Natural Resources
Canada.
4.2.3 The handling, storage and use of indoor fireworks shall be in conformance
with the Explosives Act and its Regulations, and The National Fire Code.
TOWN OF MAPLE CREEK
BYLAW NO. 2018-MC-07
Page 7 of 21
4.3 High Hazard Fireworks Display
4.3.1 No person shall hold a public fireworks display using high hazard fireworks
without first obtaining a permit from the Fire Department.
4.3.2 A public fireworks display using high hazard fireworks shall be conducted
under the direct supervision of a fireworks supervisor.
4.3.3 The person holding the permit shall be responsible to ensure that the
display is conducted in accordance with the current Fireworks Display
Manual prepared by Natural Resources Canada.
4.3.4 The handling, storage and use of high hazard fireworks shall be in
accordance with the Explosives Act, its Regulations, and The National Fire
Code.
4.4 Fireworks Display Permits
4.4.1 The Town of Maple Creek shall have the sole discretion to issue a permit
to allow a person to:
i)
Sell Fireworks; or
ii)
The types of permit that may be issued by the Fire Department
include:
a. Fireworks permits;
b. Fireworks display permits in respect of:
i. High hazard fireworks;
ii. Low hazard fireworks; and
iii. Indoor fireworks
4.4.2 Application for a permit shall be made to the Town of Maple Creek Fire
Chief on such forms and accompanied by such information as may be
prescribed by the Department from time to time.
4.4.3 The Fire Chief or his designate may issue a permit upon such terms and
conditions as the Fire Chief considers appropriate.
4.4.4 Without limiting the generality of subsection 4.4.3, the Fire Chief may, in
any permit:
a. Place restrictions on the quantity and the type of fireworks that may
be sold or discharged in the display;
b. Require the applicant to submit specified information;
c. Require the applicant to provide security and fire safety measures;
d. Place restrictions on the manner in which fireworks may be
discharged; and
e. Require the permit holder to, at the conclusion of the public
fireworks display, immediately remove and dispose of all unused
fireworks and debris.
4.4.5 A permit for an indoor fireworks display shall only be issued to persons
holding a valid Assistant Pyro technician, Pyro technician or Special
Effects Pyro technician card issued by Natural Resources Canada.
Applicants with pyrotechnic accreditation from other jurisdictions shall not
receive a permit unless the Fire Department is satisfied that the applicant
is properly trained and qualified in indoor pyrotechnics.
4.4.6 A fireworks display permit for a public fireworks display using high hazard
fireworks shall only be issued to persons holding a valid Fireworks
Supervisor Level I or Level II card issued by Natural Resources Canada.
TOWN OF MAPLE CREEK
BYLAW NO. 2018-MC-07
Page 8 of 21
Applicants with Fireworks Supervisor accreditation from other jurisdictions
shall not receive a permit unless the Fire Department is satisfied that the
applicant is properly trained and qualified in the use of high hazard
fireworks.
4.4.7 The applicant for a firework display permit or a fireworks distribution permit
shall procure and provide the Fire Department, at least 7 days prior to the
scheduled date of the display, a Certificate of Insurance which shall
name the Town as insured under the applicant's insurance policy
evidencing public liability insurance in the amounts hereinafter specified:
a. For a permit regarding an indoor firework display or a public fireworks
display using high hazard fireworks, a minimum of $5,000,000.00; or
b. For a permit regarding a public fireworks display using low hazard
fireworks, a minimum of $2,000,000.00.
4.4.8 The Fire Chief may, upon application from the holder of a permit, or at his
discretion, amend the terms and conditions of the permit.
4.4.9 No person shall assign or transfer a fireworks distribution permit or a
firework display permit.
5.0 Stoves, Furnaces, Etc.
1. Except where certified for lesser clearances by an agency acceptable to
the regulatory authority or as approved by the regulatory authority, the
minimum clearance between any solid fuel burning appliance and
combustible material, whether or not such material is covered with non-
combustible material such as plastic shall be:
Top
Sides
Rear
Fueling Side
1500mm (60")
1200mm (48")
1200mm (48")
1200mm
Except that where protection is provided as described below.
Type of Protection
% Reduction
Top
Sides/Rear
A minimum of 0.33mm (0.013 in) sheet metal spaced
Out 25mm (1 in) by non-combustible spacers
67
50
Solid brick wall, ceramic tiles, or equivalent non-combustible
Material on non-combustible supports and spaced out at
Least 25mm (1 in) by non-combustible spacers
50
33
Ceramic tiles or equivalent non-combustible
Material on non-combustible supports with a
Minimum of 0.33mm (0.013 in) sheet metal
Backing spaced out 25mm(1 in)by non-combustible spacers 67
50
2. An appliance mounted on any type of floor other than a concrete pad on
the ground or a concrete floor shall be installed on a floor-protecting pad
on non-combustible material (0.55mm (0.022 in) sheet metal or
equivalent) extending at least 450mm (18 in) beyond the appliance on any
side equipped with a door and 200mm (8 in) beyond the appliance on
other sides. The appliance shall be supported off the floor protection pad
by 2 courses of 100mm (4 in) hollow brick arranged so that the hollow
cores in the two courses are in at right angles to each other and will permit
air circulation through them.
TOWN OF MAPLE CREEK
BYLAW NO. 2018-MC-07
Page 9 of 21
3. Solid fuel burning appliances mounted on legs that provide a clear space
at least 175mm (7 in) high may be mounted directly on the floor pad if a
0.55mm (0.022 in) thick sheet metal plate covers the area of the appliance
bottom and is installed at least 50mm (2 in) from the appliance bottom and
at least 50mm (2 in) from the floor pad by non-combustible spacers or
attached to the appliance legs.
4. Every low pressure heating boiler, laundry stove, portable oven or stove,
range or stove, without legs, using solid fuel, shall rest upon a non-
combustible base of 100mm (4 in) hollow masonry units arranged to allow
air circulation from one side to the other, and covered with sheet metal,
not less than 0.55mm (0.022 in (25 gauge)) thick.
5. Unless the appliance is approved by a testing laboratory (C.S.S., U.L.C.,
Warnock Hersey) overhead clearances between heating boilers or hot air
furnaces and wood, wood lath and plaster, or other combustible ceilings,
shall be at least 1500 mm (60 in) unless the combustible ceiling is
protected as per 5.1.
6. All warm air heating units and related equipment must be installed and
conform to provincial regulations governing installation of gas and oil-fired
equipment and The National Building Code of Canada 2005 and CSA
Standard 8365-M84 in the case of solid fuel fired equipment.
6.0
Flue Pipe
1. The minimum clearance between a flue pipe or breeching serving solid
fuel burning appliance and combustible material, whether or not such
material is covered with non-combustible material such as plaster, shall be
450mm (18 in), except where protection is provided as described on the
following table.
Minimum Flue Pipe Clearances with Specified Forms of Protection
Type of Protection Minimum Clearance
m
mm
0.33mm (0.013 in) sheet metal spaced out from the 225
9
Flue pipe 25mm (1 in) by non-combustible spacers
And of such width that the shortest distance to any
Unprotected combustible surface is at least 450mm (18 in)
0.033mm (0.013 in) sheet metal spaced out 25mm (1 in) 225
9
From combustible surfaces by non-combustible spacers
Ceramic tiles or equivalent non-combustible material 225
9
On non-combustible supports and spaced out at least
25mm (1 in) by non-combustible spacers.
2. A flue pipe or breeching serving 1 or more solid-fuel burning appliances
shall be constructed of steel, masonry or other non-combustible material
with a melting point of not less than 1100 degrees C (2000 degrees F).
3. Tile shall not be used as a flue pipe.
4. A flue pipe or breeching shall not pass through
a. An attic, roof space, closet, or similar concealed space; or
b. A floor or ceiling of combustible construction.
5. Where a flue pipe or breeching passes through a wall or partition of
combustible construction, a clearance of 450mm (18 in) shall be
maintained between the pipe and the combustible material where the
TOWN OF MAPLE CREEK
BYLAW NO. 2018-MC-07
Page 10 of 21
combustible construction is unprotected, or 225mm (9 in) where the
combustible construction is protected by sheet meal of not less than 0.33
mm (0.013 in) placed at least 25mm (1 in) from the flue pipe.
6. A flue pipe or breeching shall:
a. Be securely supported from the structure by means of metal or other
non-combustible supports. Horizontal pipes shall be supported at
intervals not exceeding 1m (3 ft.);
b. Be as short and straight as practicable. A single-walled flue pipe shall
not exceed 3m (10 ft.) of horizontal length and shall have no more than
two 90 degree elbows;
c. Be designed and constructed to allow for expansion;
d. Be sloped upward toward the chimney at least 20mm/m (0.25 in/ft.) of
horizontal run;
e. Enter the side of a chimney through a metal thimble or masonry flue
ring mechanically fastened to prevent displacement under normal use;
Note: The bond between the thimble and mortar is not considered a
mechanical fastening.
f. Not extend into the chimney flue;
g. Have a sealed connection with the chimney;
h. Have provisions for visual inspection and cleaning either by clean-outs
in the flue pipe or by removal of the flue pipe; and
i. Have joints arranged so that condensation from the chimney will drain
towards the appliance.
7. The minimum thickness of metal used in steel flue pipes shall be not less
than that shown below.
Minimum Flue Pipe Thickness
Flue Pipe Diameter
Minimum Thickness
For Sheet Steel*
mm
in
mm
gauge
Less than 150
Less than 6
0.41
26
150 - 199
6 to less than 8
0.53
24
200 - 249
8 to less than 10
0.69
22
250 and over
10 and over
+
+
*These thicknesses are the minimum acceptable. No reductions are
permissible for rolling or mill tolerances.
+As required by acceptable engineering practices.
7.0 Chimneys
1. a. All brick or concrete chimneys shall be constructed in accordance
with the provisions of Subsection (2) of this section and, where any
chimney is declared unsafe by the Fire Chief or Building Official or
designate, it shall be made safe by repair or taken down and
rebuilt.
1.b.
A suitable clean-out shall be provided near the base of every
chimney and all flue and clean-out holes, when not in use shall be
closed with well-secured non-combustible stoppers.
1.c.
Every chimney connected to an appliance using solid or liquid fuel
shall be cleaned at least once every year.
TOWN OF MAPLE CREEK
BYLAW NO. 2018-MC-07
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2.a.
Chimneys shall be of brick or concrete construction and the walls
thereof shall be at least 200mm (8 in) thickness and lined
throughout with tile.
All bricks shall be laid flat in mortar with all joints filled. Chimneys
servicing one and two family dwellings shall be at least
100mm (4 in) in thickness and be tile lined.
2.b.
A chimney shall extend not less than 900mm (3 ft.) above the
highest point at which the chimney comes in contact with the roof
and not less than 600mm (2 ft.) above the highest roof surface or
structured within 3m (10 ft.) of the chimney.
2.c.
All masonry chimneys shall have foundations of masonry or
concrete which shall extend down to the level of the foundation wall
footing surrounding the area where the chimney is located.
2.d.
Prefabricated chimneys may be used providing they have been
listed and labeled by a recognized testing laboratory as being
reasonably free from fire hazard and installed according to
manufacturer's specifications. If a prefabricated chimney is used to
vent a fuel efficient furnace or air tight heater, it must be a labeled
650-degree C (1200-degree F) chimney.
2.e.
Flues serving gas appliances must comply with the provincial
regulations governing the installation of gas piping equipment and
venting.
8.0 Use of Blowlamps
1. No person shall use a blowlamp or similar device to burn any material
which when burned will generate black smoke or an offensive odor,
including insulation from electrical wiring or equipment, asphalt roofing
materials, hydrocarbons, plastics, rubber materials, creosoted wood or
any similar material, unless such use is permitted under The
Environmental Management and Protection Act and is conducted in a
manner acceptable to The Saskatchewan Environment and Resource
Management Department.
9.0 Barbecuing
1. Every person who uses a barbecue or similar device shall:
a. Use the barbecue in a reasonable and safe manner;
b. Keep the barbecue, when lit, a sufficient distance from all
combustible material;
c. Refrain from leaving the barbecue unattended, when lit;
d. Keep the barbecue in a reasonable state of repair; and
e. Comply with all federal and provincial regulations governing the use
and storage of propane cylinders.
2. In addition to requirements of Subsection (1), if any person uses a
barbecue or similar device on a balcony, the following provisions apply:
a. Solid fuel barbecues or similar cooking devices shall not be used;
b. Propane cylinders shall not exceed the 20-pound size;
c. Propane cylinders shall not be repaired, stored or contained within
the building;
d. Propane cylinders shall be shut off at the tank valve when not in
use;
e. Propane cylinders shall be connected and secured to the barbecue;
f. Propane cylinders shall be kept in an upright position at all times
including when cylinders are in transit, in service or in storage; and
TOWN OF MAPLE CREEK
BYLAW NO. 2018-MC-07
Page 12 of 21
g. If a building has a freight or service elevator, propane cylinders
shall be delivered to and from the dwelling units within the building
using that elevator. If a building has a passenger elevator only,
propane cylinders may be delivered to and from dwelling units
within the building using that elevator as long as no passengers
other than the person who owns the tank or maintenance or
delivery personnel are on the elevator at the time of the delivery.
10.0 Wood Piles
1. A person may store lumber, timber or firewood on a residential
property subject to the following restrictions:
a. The yard or storage area shall be surrounded by a firmly anchored
fence that is substantially constructed to discourage climbing and
unauthorized entry; and
b. The total amount of lumber, timer and firewood stored on the
property shall not exceed one cord.
2. Subsection (1) does not apply to lumber or timber stored on site during
the construction of any building on a residential property.
11.0 Storage of Containers
1. All boxes, crates, barrels and other containers, empty or otherwise,
used or kept in any building or on any lot, shall be:
a. Stacked or piled clear of windows and doors to provide clear
ingress and egress to any building; and
b. Kept away from any source of fire.
2. If in the opinion of the Fire Chief or a designated officer, any
accumulation of boxes, crates, barrels or other containers or packing
materials constitutes a fire hazard, the Fire Chief or designated officer
may order the owner or occupant of the building or lot to remove the
accumulation immediately.
3. In addition to the standards and requirements of The National Fire
Code and The Hazardous Substances and Waste Dangerous Goods
Regulations respecting the design, construction and use of storage
tanks for flammable liquids and combustible liquids, the following
standards and requirements shall apply:
a. Underground storage tanks and associated piping shall be double
walled or monitored in a manner acceptable to the fire department.
b. Every underground storage tank shall be equipped with
piezometers as required by this Section; and
c. All piping connections shall be visible through the use of a transition
box.
4. Piezometers shall be designed, constructed and used in accordance
with the following standards and requirements:
a. The piezometer shall be constructed of plastic (poly-vinyl chloride)
pipe not less than 100 millimeters in diameter;
b. The piezometer shall be placed vertically from the bottom of the
tank bed (sand or pea-gravel) to approximately 100 millimeters
below grade level;
c. The top of the piezometer shall be protected from damage by the
installation of an approved metal frame and cover 300 millimeters in
diameter. The cover shall be painted white and clearly marked;
d. The top end of the piezometer shall be equipped with a threaded
plastic nut for access to the pipe;
e. The bottom end of the piezometer shall be plugged or sealed;
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f. The piezometer shall have slots cut in the sides of the pipe. The
slots shall be 50 millimeters in length, 1 millimeter in width and 50
millimeters apart. The slots shall be staggered on all sides of the
pipe and extend a minimum of 1,200 millimeters from the bottom of
the pipe; and
g. Piezometers shall be placed in the tank hole. There shall be at
least 1 more piezometers in the tank hole than the number of
storage tanks in the same tank hole.
12.0 Outdoor Storage of Rubber Tires
1. Except as provided in Subsection (2), rubber tires shall be stored in
accordance with Article 3.3.3 of The National Fire Code.
2. If the individual storage area for rubber tires is located on a site which
abuts a residential site, the following size and clearance restrictions
apply:
a. The maximum height of storage cannot exceed 2 meters; and
b. The minimum clear space between the storage area and any
property line which separates the site from the residential site
cannot be less than three meters.
13.
Propane Fueled Vehicles
1. No person shall park a vehicle fueled with propane in any underground
or enclosed parking facility attached to a major residential, business
and personal services or mercantile occupancy.
2. Subsection (1) does not apply to a sweeper used to clean any
underground or enclosed parking facility provided the sweeper is
stored in accordance with the following conditions:
a. The sweeper shall be located in a room that is separated from the
remainder of the building by a gas-tight fire separation having a fire-
resistance rating of at least two hours;
b. The room is which the sweeper is stored shall be located on an
exterior wall of the building;
c. The room in which the sweeper is stored shall be provided with
ventilation separate from the remainder of the building; and
d. The sweeper shall not be fueled anywhere in the underground or
enclosed parking facility.
3. No person shall park a recreation vehicle including a motor home,
travel trailer, van motor, fifth wheel, tent trailer, truck camper or similar
vehicle that has any propane tank attached to it for any use, in any
underground or enclosed parking facility attached to a major
residential, business and personal services or mercantile occupancy.
4. The owner of every underground or enclosed parking facility shall post
signs to indicate the parking prohibition of vehicles, fueled or using
propane in any manner, in conspicuous locations near the principal
entrances to the parking facility.
5. Signs required by this Section shall have lettering not less than 100mm
high with a 15mm stroke.
14. Property Identification
1. The civic address of any building or structure shall be prominently
displayed on the front of the building or structure so as to be clearly
visible from the street.
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15. Inspection, Testing and Maintenance of Portable Fire Extinguishers
1. In accordance with Article 6.2.4.1 of The National Fire Code, all
portable fire extinguishers shall be inspected, tested and maintained in
conformance with NFPA 10, "Portable Fire Extinguishers".
2. Inspection, testing and maintenance of portable fire extinguishers shall
be performed by properly trained and qualified persons as set out by
the NFPA Standards.
3. Any label affixed to an extinguisher after a hydrostatic pressure test or
any tag attached to an extinguisher after maintenance or recharge
shall, in addition to the information required by Article of The National
Fire Code, contain the identification number of the person who
performed the test or maintenance on the extinguisher.
16. Inspection and Maintenance of Commercial Cooking Equipment
1. In accordance with sentence 2.6.1.9(2) of The National Fire Code, the
inspection and maintenance of commercial cooking equipment exhaust
and fire protection systems shall be in conformance with NFPA 96,
"Ventilation Control and Fire Protection of Commercial Cooking
Equipment".
2. Inspection and maintenance of commercial cooking equipment exhaust
and fire protection systems shall be performed by properly trained and
qualified persons.
3. Any person who intends to inspect or maintain commercial cooking
equipment exhaust and fire protection systems shall submit proof of
proper training to the Department before carrying out any inspections
or maintenance.
4. Upon proof of proper training, Public health shall inspect for the
owner/operator to maintain commercial cooking equipment exhaust
and fire protection systems in the Municipality, which permit shall be
valid for the term specified on the permit.
5. Any label or tag affixed to a commercial cooking equipment exhaust
and fire protection system after inspection or maintenance shall, in
addition to the information required by The National Fire Code, contain
the identification number of the person who performed the inspection
or maintenance of the system.
17. Inspection and Maintenance of Sprinkler and Standpipe Systems
1. Inspection and maintenance of sprinkler and standpipe systems shall
be performed by properly trained and qualified persons.
2. All sprinkler systems must be maintained in accordance with
manufacturers' specifications.
3. Any label or tag affixed to a sprinkler or standpipe system shall, in
addition to the information required by The National Fire Code, contain
the identification number of the person who performed the inspection
or maintenance on the sprinkler or standpipe system.
18. Inspection, Testing and Maintenance of Fire Alarm Systems
1. In accordance with article 6.3.1.2 of The National Fire code, the
inspection, testing and maintenance of fire alarm systems shall be in
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accordance with CAN/ULC-S536-M, "Inspection and Testing of Fire
Alarm Systems".
2. Inspection, testing and maintenance of fire alarm systems shall be
performed by properly trained and qualified persons. This means they
must meet one of the following:
a. Is, or the person's employer is, a member in good standing of the
Canadian Fire Alarm Association or the National Fire Protection
Association; and
b. Has at least one of the following qualifications:
i)a certificate from a recognized alarm manufacturer that the person
is a factory trained installed and service person; or
ii)a certificate that the person has successfully completed the
Canadian Fire Alarm Association "Fire Alarm Technology" program,
and has worked as an apprentice to a person who holds a permit
under this section for a period of not less than one year; or
iii)a certificate that the person has successfully completed the
journeyman electrician trade's upgrading course entitled "Fire
Alarm and Protection Systems".
19.
Installation, Inspection, Testing and Maintenance of Smoke Alarms
1. Smoke alarms shall be installed, operated, inspected and tested in
accordance with The National Fire Code of Canada 2010, the National
Building Code of Canada 2010, CAN/ULC-531 and CAN/ULC-S553.
These minimum provisions may be exceeded as directed by the fire
chief, municipal inspector, provincial inspector or local assistant.
2. Hard wired "interconnected" smoke alarms shall be installed in any
occupancy as directed by the fire chief, municipal inspector, provincial
inspector or local assistant.
20.
Installation, Inspection, Testing and Maintenance of Carbon Monoxide
Alarms
1. Carbon monoxide alarms shall be installed, operated, inspected and
tested in accordance with The National Fire Code of Canada 2010,
The National Building Code of Canada 2010, CAN/ULC-S552, and
CAN/CSA-6.19. These minimum provisions may be exceeded as
directed by the fire chief, municipal inspector, provincial inspector or
local assistant.
2. Hard wired "interconnected" carbon monoxide alarms shall be installed
in any occupancy as directed by the fire chief, municipal inspector,
provincial inspector or local assistant.
21.
Vacant Buildings
1. In accordance with Article 2.4.6.1 of The National Fire Code, all vacant
buildings shall be secured against unauthorized entry as provided in
this Article.
2. All exterior windows and doors, whether broken or intact, on the first
storey of a vacant building shall be boarded up to prevent unauthorized
entry.
3. All broken exterior windows on any storey above the first storey of a
vacant building shall be boarded up to prevent unauthorized entry.
4. The boards used to secure a vacant building shall be plywood, OSB
(oriented strand board), particleboard or wafer board with a minimum
thickness of 7/16 inch.
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5. Wherever possible, the boards shall be one solid piece and shall be
secured to the window or door frame or brick molding using 2-inch gyro
screws placed approximately 10 inches apart.
6. The boards shall be cut so as to fit tightly against the door or window
frames to prevent a person from prying off the boards.
7. In additional to the windows and doors, any other openings in the
exterior of a vacant building shall be secured to prevent unauthorized
entry or an infestation of pigeons or rodents.
22. Prevention of Fire Spread
The Fire department may pull down or demolish any buildings or other
erections when, in the opinion of the Fire Chief or the senior officer in
command of a fire or any other emergency, such actions are considered
necessary to prevent the spread of fire.
23. Persons Present at a Fire
1. No person shall drive any vehicle over any hose while in use or about
to be used at any fire or which has been used or laid to be used at a
fire or at a practice.
2. No person shall in any way impede or hinder any fireman, or other
person who shall be assisting at the extinguishing of any fire, or who
may be engaged in other duties connected therewith.
3. No person shall obstruct, hinder or delay any fire equipment while the
same is proceeding to a fire; and every person traveling, riding, or
driving on any street or place along which any fire apparatus is
preceding to a fire, shall yield the right of way to the same.
4. No person shall park so that they are in the fire lane or yellow zone as
to hinder the ability of the Fire Department to respond to a fire.
24.
Duties of Fire Chief
It shall be the duty of the Fire Chief:
1. To save life and property endangered by fire, and to foster fire
prevention.
2. To keep a permanent record of all fires and causes thereof and to
make a bi-annual written report thereon to the Administrator.
3. To keep a permanent record of all orders issued to remedy fire
hazardous conditions and to make a monthly written report thereon to
the Council
4. To cause to be investigated all fires in order to ascertain the cause,
origin and other circumstances thereof.
5. To notify the Fire Commissioner immediately of any fire of a suspicious
nature, any major outbreak of fire, or of any death caused by fire.
6. Notwithstanding any provision of this Bylaw, the Fire Chief may issue a
written declaration, authorize by the Administrator, banning burning or
incineration of any kind in the Municipality. The authorized written
declaration shall detail the effective date of the ban, and relevant
details of the ban as deemed appropriate by the Fire Chief in
consultation with the Administrator.
7. The Fire Chief shall provide a copy of the authorized written
declaration of any fire ban to the appropriate ministry of the
Government of Saskatchewan, and the Administrator shall ensure that
Council is notified of the authorized written declaration, as well as
notification to the public through common means.
25. Special Authorities of Fire Chief
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1. The Fire Chief may call upon all or any person to assist in the
suppression of a fire and all persons called upon shall obey the
commands of the Fire Chief or other officer-in-charge.
2. The Chief, or other officer-in-charge of a fire, may prescribe the limits
within which no person or vehicle shall be permitted, and shall have
power to close any street or lane to the public for the duration of the
fire and related operations.
3. The Fire Chief may order the pulling down or demolition of buildings or
other erections when deemed necessary to prevent the spread of fire;
and provided further that explosives shall not be used for the
demolition purposes.
4. The Maple Creek Fire Department shall be governed, in terms of
organizational structure, administrative policies for the operations, by
the provisions contained in the Constitution of the Maple Creek Fire
Brigade.
5. Hydrant Systems:
a. Fire hydrants shall be designed, installed, and maintained in
accordance with the standards and specifications of the Town of
Maple Creek Engineering services and Public Works
Department.
b. No person shall allow, permit or resist or impede access or view
of any fire hydrant.
c. No person shall grow vegetation (other than grass), or place any
structures within a one (1) meter radius of a fire hydrant; and no
more than at a grade higher than the base of the hydrant.
d. No person shall paint, discolor, or otherwise alter the appearance
of a hydrant, except as designated by Council.
6. Fees for Services
a. The Maple Creek Fire/Rescue Services is authorized to charge
the applicable fees for the various services and emergency
responses listed in Schedule "A".
b. False alarms as per Schedule "A".
c. The fees shall be reviewed and amended from time to time by
bylaw.
d. The fees provided for by this section may be charged to a
Property owner, a Business Owner, the person requesting the
service, or the Person who benefits from this service.
26. Compensations for Demolition
1. Where action is taken as provided by Subsection (3) of Section 25
hereof, compensation shall be provided by the Council for loss or
damage sustained by reason of the said pull down or demolition.
2. If the owner, tenant or occupant responsible for the building or
premises refuses or neglects to do any matter or thing required to be
done by him hereunder by the authority having jurisdiction, the matter
or thing may be done by the Town of Maple Creek at the expense of
the person in default and the Town of Maple Creek may recover the
expenses of doing so with costs by adding the expenses to, and they
thereby form part of the taxes on the land on which or with respect to
which the work is done in accordance with The Municipalities Act, as
amended from time to time.
3. The costs incurred by the Town of Maple Creek for additional
protective services required that are over and above the normal
services provided by the Town of Maple Creek for fire prevention,
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suppression, emergency response services and administrative fees
and disbursements, shall be charged directly to the owner, tenant or
occupant responsible for the building or premises receiving the benefit
of such services, and they thereby form part of the taxes on the land
on which or with respect to which the work is done in accordance with
The Municipalities Act, as amended from time to time.
27. Penalty
1. Any person who contravenes any of the provisions of this Bylaw for
which no other penalty is specifically provided is guilty of an offense
and liable on summary conviction to a find of not more than:
a. In the case of an individual, to a fine of not more than $5,000.00
and in the case of a continuing offence, to a further fine of not more
than $5,000.00 for each day during which the offence continues;
b. In the case of a corporation, to a fine of not more than $10,000.00
and in the case of a continuing offence, to a further fine of not more
than $10,000.00 for each day the offence continues.
28.
Adoption of the National Fire Code of Canada
1. It is hereby declared that The National Fire Code of Canada, 2010, as
amended from to time or any subsequent edition of The National Fire
Code which may be enacted, shall be in force in the Town of Maple
Creek.
2. Pursuant to Section 49 of the Fire Safety Act, the National Fire Code of
Canada, 2010 is revised, varied and modified as set forth in this part.
29.
Adoption of Part 3 and Part 9 of The National Building Code of Canada
1. It is hereby declared that Part 3 (Fire Protection, Occupant Safety and
Accessibility) and Part 9 (Housing and Small Buildings) of The National
Building Code of Canada, 2010, as amended from time to time or any
subsequent edition of The National Building Code which may be
enacted, shall be in force in the Town of Maple Creek.
30. Coming into Force
1. Bylaw 2017-MC-02 is hereby repealed.
2. This Bylaw shall come into force and be in effect on the final passing
thereof.
THE OFFICIAL DOCUMENT HAS BEEN DULY SIGNED BY AUTHORIZED MUNICIPAL OFFICIALS
Mayor
S E A L
Acting Chief Administrative Officer
Read a third time and hereby adopted
on the 22 day of May, 2018.
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SCHEDULE "A"
FEES FOR SERVICES
Maltese Fire Inspections Ltd.
302 - 1120 9th Avenue NE
Swift Current, SK S9H 2S9
306-773-1991
1. Fire Inspection Service Fee:
a. 30 days' notice required to conduct an inspection
b. First Inspection - $260.00
c. Second Inspection (Follow-Up) - $120.00
d. Third Inspection (Follow-Up) - $90.00
e. Enforcement activities after third inspection will be billed at $50.00 per
hour
2. False Alarm Fee:
a. First (1st) Time - no fee - warning (12 months clear)
b. Second (2nd) Time - $500.00
c. Third (3rd) and each additional time - $500.00 and 25%.
d. Credit Union - has a low-pressure alarm.
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SCHEDULE "B"
Town of Maple Creek
Outdoor Fire Permit - Permit to Burn
ADDRESS OF OUTDOOR FIRE APPLIANCE:
DESCRIPTION OF AREA WHERE APPLIANCE IS LOCATED (Include drawing on back
of this form):
SAFETY PRECAUTIONS/CONDITIONS:
1. Open-air fires shall not be set unless the following measures are taken
to limit their spread:
a. Fires must be contained in a non-combustible receptacle constructed
of cement, brick or sheet metal with a minimum 18-gauge thickness;
b. The appliance must be covered with a heavy gauge metal screen with
openings not exceeding 13 mm.
c. The fuel for open-air fires shall consist only of charcoal or cut,
seasoned wood.
d. Fires must be under direct supervision at all times.
e. A garden hose, extinguisher or other method of extinguishment must
be available at all times.
The Maple Creek Fire Department assumes no responsibility for any burning or
consequence of any burning. The owner is responsible for any or all damages as a
result of burning. The owner may be required to extinguish the fire at any time if it
causes unreasonable interference with the use and enjoyment of another person's
property.
It is an express condition of this permit that the applicant, who signature appears
hereunder, shall be responsible for any injury or damage to person or property
arising from the use of this permit.
__________________________ _________________________
Applicant's Name (Please Print) Applicant's Signature
__________________________
Property Owner's Name-(attach Owner's Letter of Consent)
___________________________
Street Address
___________________________Phone Number
OUTDOOR FIRE APPLIANCE ACCEPTED________________________________
_______________________Fire Chief
________________________Date
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SCHEDULE "C"
PERMIT - LOW HAZARD FIREWORKS
Proof of Liability Insurance Required
Date:
Permission is hereby granted to
Representing
_ to conduct
a fireworks display to
on
between the hours of
(a.m./p.m.)
and it is express conditions of this permit that the applicant, whose signature
appears hereunder, shall be responsible for any injury or damage to person
or property arising from the use of this permit.
Applicant
Fire Chief
COMMENTS:
________________________________________________________