Fire Bylaw No. 1173/24 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot e9e9431f02ad · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Short Title 1. This Bylaw may be cited as The Fire Bylaw. ## Purpose 2. The purpose of this Bylaw is: 2. (a) to establish the Nipawin Fire Department; 3. (b) to adopt a fire prevention code which establishes a satisfactory standard for fire prevention, fire fighting and life safety in buildings; 4. (c) to provide for the prevention and suppression of fires; 5. (d) to provide guidelines for the storage and handling of flammable liquids, combustible liquids, dangerous goods, hazardous substances and waste dangerous goods; 6. (e) to regulate the sale and setting off of fireworks; 7. (f) to set minimum requirements for trailer, mobile home and manufactured home communities; and 8. (g) to provide for services at the site of an emergency. ## BYLAW NO. 1173/24 ## A BYLAW OF THE TOWN OF NIPAWIN IN THE PROVINCE OF SASKATCHEWAN, TO PROVIDE FOR FIRE AND RESCUE SERVICES WITHIN THE TOWN OF NIPAWIN The Council of the Town of Nipawin in the Province of Saskatchewan enacts as follows: ## Part I - Short Title and Interpretation ## Definitions - In this Bylaw, - (a) "Town" means The Town of Nipawin; - (b) "Barricade" means to fence, board, or otherwise construct barriers to restrict access to a property or area. - (b) "Closure" means a closure within the meaning of The National Fire Code; - (c) "Combustible liquid" means a combustible liquid within the meaning of The National Fire Code; - (d) "Community association" means a Non-profit Corporation providing recreational programs and services for designated Town neighbourhoods; - (e) "Cord" means a measure of cut wood usually 3.6 cubic metres or 128 cubic feet; - (f) "Dangerous goods" means dangerous goods within the meaning of The National Fire Code; - (g) "Department" means the Fire Department of the Town of Nipawin; - (h) "Discharge" includes to ignite, fire, or set off and the words "discharging" and "discharged" have a similar meaning; - (h) "Dwelling unit" means a dwelling unit within the meaning of The National Fire Code; - (i) "Fire Protection Boundary" means the service area defined within the Fire Suppression & Rescue Services Agreement between the Town of Nipawin and Municipal Partners. - (i) "Fire separation" means a fire separation within the meaning of The National Fire Code; - (k) "Fireworks" means fireworks as defined in the Explosives Regulations, C.R.C., c.599; - (1) "fireworks display permit" means a permit issued pursuant to Subsection 46(2); - (2) "fireworks sale permit" means a permit issued pursuant to Subsection 42(1); - (3) "sky lantern" also known as Flying Lantern, Kongming Lantern or Chinese Lantern, means a small hot air balloon made of paper, with an opening at the bottom where a small fire is suspended. - (1) "Fireworks Supervisor" means a person licensed or approved by the Chief Inspector of Explosives, Department of Energy, Mines and Resources to handle and use subdivision 2 of Division 2 fireworks as defined in the Explosives Regulations, C.R.C., c.599; - (m) "Flammable liquid" means a flammable liquid within the meaning of The National Fire Code; - (n) "Hazardous substance" means a hazardous substance within the meaning of The Hazardous Substances and Waste Dangerous Goods Regulations, c. E-10.2, Reg. 3; - (0) "High hazard fireworks" means Subdivision 2 of Division 2 fireworks as defined in the Explosives Regulations, C.R.C., c.599; - (p) "Indemnification Technology" means Fire Department incident reporting, data collection and property insurance policy wording interpretation to maximize billing opportunities on behalf of fire departments by invoicing insurance companies for costs of fire department attendance with respect to insured perils; - (9) "Low hazard fireworks" means Subdivision 1 of Division 2 fireworks as defined in the Explosives Regulations, C.R.C., c. 599, but does not include sparklers, Christmas crackers, caps for toy guns containing not in excess of twenty-five one- hundredths of a grain of explosive per cap; - (r) "Municipal inspector" means a municipal inspector within the meaning of The Fire Safety Act and a designated officer within the meaning of The Municipalities Act; - (s) "National Fire Code" means the Code declared to be in force pursuant to Subsection 3(1) of The Saskatchewan Fire Code Regulations; - (t) "NFPA" means the National Fire Protection Association; - (u) "Private fireworks display" means the discharge of low hazard fireworks for private recreation and entertainment; - (v) "Public fireworks display" means the discharge of high or low hazard fireworks for public recreation and entertainment; and - (W) "Sell" includes distribute, offer for sale, cause or permit to be sold and to possess for the purpose of sale, and the words "selling" and "sold" have a similar meaning. ## Establishment of Department - (1) The Fire Department is established. - (2) The Department is responsible for: - (a) fire protection, including: - (i) fire suppression, - (ii) fire prevention and inspections, - (iii) fire investigations, - (iv) educational programs, and - (v) emergency mass notification: - (b) rescue service, including: - (i) surface water / ice rescue, - (ii) basic rope rescue, - (iii) vehicle extrication, - (iv) structural collapse support operations, - (v) confined space entry, - (vi) trench rescue support operations, - (vii) rapid intervention rescue; and - (c) dangerous goods support operations, - (d) pre-hospital emergency medical support service: Advanced First Aid Level. ## Duties of Fire Chief 5. (1) The Fire Chief is the Manager of the Fire Department. ## Part II - Fire Department - (2) The Fire Chief shall administer and enforce this Bylaw within the Town and shall perform any other duties and may exercise any other powers that may be delegated by the Chief Administrative Officer. 2. (a) The Fire Chief shall have the authority to further delegate any matter delegated under this Bylaw. - (3) The Fire Chief shall have the authority to prohibit any or all open fires when atmospheric conditions or local circumstances, in his/her opinion, make such fires hazardous. The Fire Chief shall advise the Chief Administrative Officer prior to issuing a fire ban within the corporate boundaries of the Town of Nipawin. The Chief Administrative Officer shall then inform Council. - (4) The Fire Chief is responsible for the maintenance of discipline within the Department and may recommend Policies and Procedures necessary to carry out the daily administration and operations of the Department. ## Fees for Service - (1) The Department is authorized to charge the applicable fees for the various services, tests and emergency responses listed in Schedule "A". - (2) The fees shall be reviewed and set by Town Council on the advice of the Fire Chief, as required 3. The Department may charge Residents and Non-Residents the current SGI rate for any/all Motor Vehicle Collisions, Traffic Incidents, Suppression Efforts or Emergencies involving Motor Vehicles both within and outside the Town boundaries. ## Agreement for Emergency Service - The Town may enter into an agreement with any other municipality, municipal government, First Nations band, person or other properly constituted authority, organization or agency for the furnishing or receiving of fire fighting or fire prevention services or emergency services on any terms that may be agreed upon, including the setting and payment of charges. ## Request for Emergency Service - The Town may provide and charge for any fire fighting, fire prevention or emergency service outside the Town where no agreement exists, if a request is made by any other municipality, municipal government, First Nations band, person or other properly constituted authority, organization or agency. - (2) The charge for any fire fighting, fire prevention or emergency service provided by the Department shall be determined according to the fees and rates listed in Schedule "A" ## Inspections 10. (1) Inspection of property by the Town to determine compliance with this Bylaw is hereby authorized. - (2) Inspections under this Bylaw shall be carried out in accordance with Section 362 of The Municipalities Act. - (3) No person shall obstruct a municipal inspector who is authorized to conduct an inspection under this Section, or a person who is assisting a municipal inspector: 4. Before entering on any land or into any building, structure or premises, the Fire Chief or a municipal inspector shall notify the owner or occupant of the purpose of the entry. ## Order to Remedy Contravention - If a municipal inspector finds that a person is contravening this Bylaw, the municipal inspector may, by written order, require the owner or occupant of the property to which the contravention relates to remedy the contravention. - (2) Orders given under this Bylaw shall comply with Section 364 of The Municipalities Act. ## Part III - National Fire Code ## Adoption of National Fire Code - (1) Except as modified by this Bylaw, it is declared that The National Fire Code is in force in The Town of Nipawin. - (2) The following NFPA standards are in force in The Town of Nipawin: 3. (a) NFPA 24 Installation of Private Service Mains and Appurtenances 4. (b) NFPA 25 Water Based Fire Protection Systems 5. (c) NFPA 501A Fire Safety Criteria for Manufactured Home Installations, Sites and Communities. ## Part IV - Inspections, Compliance with Orders and Enforcement Procedures - (3) Orders given under this Bylaw shall be served in accordance with Section 390 of The Municipalities Act. ## Registration of Order 12. If an order is issued pursuant to Section 11, the Town may, in accordance with Section 364 of The Municipalities Act, give notice of the existence of the order by registering an interest against the title to the land that is the subject of the order. ## Appeal of Order to Remedy Contravention 13. (1) A person may appeal an order made pursuant to Section 11 in accordance with Section 365 of The Municipalities Act. - (2) Any person who considers himself aggrieved by any Order made by the municipal inspector under the provisions of this Bylaw may appeal such Order in writing to the Chief Administrative Officer of the Town of Nipawin within fifteen (15) days of being served the Order. ## Town Remedying Contraventions 14. The Town may, in accordance with Section 366 of The Municipalities Act, take whatever actions or measures are necessary to remedy a contravention of this Bylaw. ## Civil Action to Recover Costs 15. The Town may, in accordance with Section 368 of The Municipalities Act, collect any unpaid expenses and costs incurred in remedying a contravention of this Bylaw by civil action for debt in a court of competent jurisdiction. ## Adding Amounts to Tax Roll 16. The Town may, in accordance with Section 369 of The Municipalities Act, add any unpaid expenses and costs incurred by the Town in remedying a contravention of this Bylaw to the taxes on the property on which the work was done. ## Emergencies 17. In the event that it becomes an emergency to remedy a contravention of this Bylaw, the Town may take whatever actions or measures are necessary to eliminate the emergency in accordance with the provisions of Section 367 of The Municipalities Act. ## Immediate Hazards 18. (1) Notwithstanding any other provision of this Bylaw, where in the course of an investigation or inspection under this Bylaw, the municipal inspector is of the opinion that a condition exists creating a serious danger to life or property, the fire Chief may: - (a) use any measures that the municipal inspector considers appropriate to remove or lessen the condition; - (b) evacuate and close the building, structure, premise or yard where the condition exists or any area surrounding such location for any period that the Fire Chief considers appropriate; - (c) order the owner, operator, or occupant to immediately do anything necessary to remove or lessen the condition. For greater certainty, the Fire Chief may order the owner, operator, or occupant to barricade a property, demolish a building, or structure, to remove any debris and waste material and to fill in any open basement or excavation remaining on the site of the building of structure after its demolition. - (2) If closed under Clause (1)(b), the Fire Chief shall, if possible, placard the building, structure, premise, yard or area as a serious danger to life or property. - (3) To perso yal arter, at as toe ler or dander ilse build we structhe prior approval of the Fire Chief. - (4) No person shall take down, cover up, mutilate, deface or alter a placard posted under Subsection (2). - (5) The costs and expenses incurred under this Section are a debt due to the Town and may be recovered from the owner of the building, structure, premise, yard or area in or on which the work was carried out. - (6) If the costs and expenses mentioned in Subsection (5) are not paid at the end of the year in which the work was carried out, the Town may add the amount of the costs and expenses to the owner's property taxes. ## Securing Premises 19. (1) When the owner, occupant, or person in charge of any building cannot be located or is otherwise incapable of arranging to secure the property against vandalism, looting, or other undesirable conduct, the Fire Chief or their designate may make arrangements to secure said property. Any costs for securing the property are the responsibility of the owner of the property. - (2) A property owner is responsible for any costs incurred for securing a property; these costs may be added to the tax roll of the property. - (3) Where a building is substantially damaged by fire or poses a safety hazard to the public, at the direction of the Fire Chief or their designate, the building owner shall ## Part V- Prevention and Suppression of Fires ## Smoke and Carbon Monoxide Alarms - 20 (1) Smoke and carbon monoxide alarms shall be installed in accordance with: - (a) the provisions of the National Building Code adopted pursuant to section 3.1 of The Fire Safety Regulations; and - (b) the manufacturer's instructions. - (2) Smoke and carbon monoxide alarms shall be maintained in accordance with the following requirements: - (a) alarms shall at all times: - (i) be maintained in an operable condition and in accordance with the manufacturer's instructions; - (ii) be securely fastened to a wall or ceiling; - (iii) be kept free of any physical damage, paint application, or excessive grease or dirt; and - (iv) have a continuous source of power, either from batteries or electricity; - (b) the ventilation holes on alarms shall be kept clean and fiee of any obstructions; and - (c) the batteries in battery operated alarms shall be replaced immediately when the low battery warning beep sounds - (3) Smoke and carbon monoxide alarms shall be inspected: (a) in the case of alarms installed by permanent connection to an electrical circuit, at least once every 12 months; - (b) in the case of tamper-proof alarms with 10-year batteries, at least once every 12 months; - (c) in the case of any other battery-operated alarms, at least once every 3 months; and (d) where a residential tenancy is terminated, before the dwelling unit is reoccupied. - (4) Inspections pursuant to this section shall: 2. (a) be carried out: 3. (i) by the owner of the premises or the owner's authorized agent; 4. (ii) while the person doing the inspection is actually present in the premises; and 5. (lii) in accordance with the manufacturer's instructions; and 6. (b) at a minimum, determine whether the alarm: 7. (i) is receiving power; 8. (ii) is working properly; and 9. (il) has been properly maintained in accordance with the requirements of subsection (2). - (5) A record shall be kept of all inspections required by subsection (3) and retained for examination by the Department. - (6) A record required by subsection (5) shall contain the following information: (a) the address of the premises being inspected; 12. (b) the date of the inspection; 13. (c) the name of the person carrying out the inspection; (d) whether the alarm being inspected is a smoke alarm, carbon monoxide alarm ot an alarm that is both a smoke alarm and carbon monoxide alarm; (e) whether the alarm being inspected is battery powered and if so, the type of battery, or whether the alarm is permanently connected to an electrical circuit; - (f) the deficiencies, if any, in the condition, maintenance or operation of the alarm; - (g) the measures taken, if any, to correct any deficiencies; and (h) the signature of the occupant of the premises or a notation to the effect that a sticker issued by the Department evidencing the inspection has been affixed inside the cover of the alarm that was inspected. - (7) No person shall: 2. (a) tamper with or disconnect a smoke or carbon monoxide alarm; 3. (b) remove a smoke or carbon monoxide alarm; ## Fireplaces 20. (1) No person shall install a fireplace or solid fuel burning appliances in any building in the Town of Nipawin without first having obtained approval to do so from the Building Official. Approval shall be granted after having obtained a building permit and meeting all regulations pertaining to fireplace installations. - (2) Where such a permit is issued to a person, such person after having commenced to install the said fireplace shall not enclose such fireplace until an inspection is carried out by the municipal inspector as to its safety. ## Incinerators 21. (1) Except for auxiliary-fuelled incinerators approved by Ministry of Environment no incinerator shall be constructed or installed within the corporate limits of the Town of Nipawin. - (2) Burning barrels or any similar device used for the burning of any household or yard refuge are prohibited. - (3) Outdoor wood burning boiler heater systems shall not be allowed in any Residential, Commercial or Industrial area within the limits of the Town of Nipawin. ## Open-Air Fires 22. - (1) No person shall install a firepit or solid fuel burning appliance without first obtaining an approval permit from the Fire Department. - (2) Open-air fires shall not be set unless the following measures are taken to limit their spread: 3. (i) fires shall be contained in a non-combustible receptacle constructed of concrete, brick or sheet metal with a minimum 18-gauge thickness, with openings not exceeding 13 millimetres (0.5 inch); (c) remove batteries from a smoke or carbon monoxide alarm without immediately replacing them; - (d) place anything in, on or over a smoke or carbon monoxide alarm so as to render the alarm inoperable; or (e) affix a sticker to a smoke or carbon monoxide alarm pursuant to subsection (6)(h) without first conducting an inspection of the alarm in accordance with this section. - (ii) a receptacle shall be covered with a heavy gauge screen with openings not exceeding 13 millimetres (0.5 inch); - (iii) the size of the fire box of any receptacle shall not exceed 75cm (30 inches) in diameter. - (iv) the receptacle shall be located a minimum of 3 metres (10 feet) from combustible materials, buildings, and similar amenity space and property line - (v) the receptacle shall not exceed 51cm (20 inches) in height. (vi) with the exception of commercially made portable firepits or chimineas, the receptacle should have an anchorage to prevent accidental tipping or moving when in use. Anchors can include rebar, rock, brick, concrete, or any solid noncombustible material. (vil) the receptacle should not be situated under structures, awnings, powerlines, cables, or branches (viii) portable fire pits and chimeneas shall not be permitted on balconies or wood decks (vix) the use of portable fire pits and chimineas is prohibited in enclosed spaces, including patios, gazebos, awnings, garages, carports, or similar structures. To provide additional clarification, storage of portable fire pits and chimineas is allowed, provided they are not used within these enclosed areas. - (2) The fuel for open-air fires shall consist only of charcoal of cut, seasoned wood. The burning of the following material is prohibited: 2. (a) rubbish; 3. (b) garden refuse and leaves; 4. (c) manure; 5. (d) livestock or animal carcasses; and 6. (e) any material which when burned will generate black smoke or an offensive odour including insulation from electrical wiring or equipment, asphalt roofing materials, hydrocarbons, plastics, rubber materials, creosoted, treated or painted wood 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. - (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. 4. (a) Repeated offences of this nature will result in the immediate extinguishing of the fire and/or permanent revoking of the permit at the discretion of the Fire Chief or Designate. - (7) The Department 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. The request for permit must be done in writing to the Fire Chief or Designate 14 days prior to the event date with a description and detailed plan for fire and life safety. - (8) If due to excessive flames and/or smoke of any residential open-air fire pit, a call is placed to the local fire department and firefighters are dispersed, the owner of the fire pit may be assessed a fine. 2. 9 If the owner/supervisor does not comply with an order from the Fire Chief or Designate to extinguish a nuisance fire from an open-air fire, the Department shall be called to extinguish and a fee for the suppression efforts will be administered at the regular rate set out in Schedule "A". ## Barbecuing 23. (1) Every person who uses a barbecue or similar device shall: 2. (a) use the barbecue in a reasonable and safe manner; 3. (b) keep the barbecue, when lit, a sufficient distance from all combustible material; 4. (c) refrain from leaving the barbecue unattended, when lit; 5. (d) keep the barbecue in a reasonable state of repair; and 6. (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: 2. (a) solid fuel barbecues or similar cooking devices shall not be used; 3. (b) propane cylinders shall not exceed the 20-pound size; 4. (c) propane cylinders shall not be repaired, stored or contained within the building; 5. (d) propane cylinders shall be shut off at the tank valve when not in use; 6. (e) propane cylinders shall be connected and secured to the barbecue; 7. (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 8. (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. ## Wood Piles 24. (1) A person may store lumber, timber or firewood on a residential property subject to the following restrictions: 2. (a) the lumber, timber or firewood shall be stored at least three metres from any dwelling on the property, and at least 1 metre from any property line. - (2) Subsection (1) does not apply to lumber or timber stored on site during the construction of any building on a residential property. ## Storage of Containers 25. (1) All boxes, crates, barrels and other containers, empty or otherwise, used or kept in any building or on any lot, shall be: 2. (a) stacked or piled clear of windows and doors to provide clear ingress and egress to any building; and 3. (b) kept away from any source of fire. - (2) If, in the opinion of the Fire Chief or a municipal inspector, any accumulation of boxes, crates, barrels or other containers or packing materials constitutes a fire hazard, the Fire Chief or a municipal inspector may order the owner or occupant of the building or lot to remove the accumulation immediately. ## Outdoor Storage of Rubber Tires 26. (1) Except as provided in Subsection (2), rubber tires shall be stored in accordance with 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: 3. (a) the maximum height of storage cannot exceed 2 metres; and 4. (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 metres. ## Propane Fuelled Vehicles 27. (1) No person shall park a vehicle fuelled with propane in any underground of 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: 3. (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; 4. (b) the room in which the sweeper is stored shall be located on an exterior wall of the building; 5. (c) the room in which the sweeper is stored shall be provided with ventilation separate from the remainder of the building; and 6. (d) the sweeper shall not be fuelled anywhere in the underground or enclosed parking facility. - (3) No person shall park any recreation vehicle including a motorhome, travel trailer, van motorhome, 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, fuelled or using propane in any manner, in conspicuous locations near the principal entrances to the parking facility. - (1) Signs required by this Section shall have lettering not less than 100 mm (4 inches) high with a 15 mm (0.5 inches) stroke. ## Electrical Battery Powered Vehicles - No person shall park an electrically charged vehicle in any underground or enclosed parking facility attached to a major residential, business and personal services or mercantile occupancy. - (2) The owner of every underground or enclosed parking facility shall post signs to indicate the parking prohibition of vehicles, fuelled by electrically charged batteries in any manner, in conspicuous locations near the principal entrances to - (3) Signs required by this Section shall have lettering not less than 100 mm (4 inches) high with a 15 mm (0.5 inches) stroke. - (2) EV automobiles may be parked in single dwelling residential garages only, whether attached or detached. However, in the case of an attached garage with charging station, an interconnected smoke or heat detector must be hardwired into the garage area that is connected to the dwelling's alarm system. ## Occupant Load 28. (1) In all assembly occupancies, the occupant load shall be posted in conspicuous locations near the principal entrances to the room or floor area. 2. The Department shall determine the occupant load for any room or floor area and shall issue an occupant load limit sign for that room or floor area. The owner or occupant of the premises shall ensure that the sign is posted in accordance with Subsection (1). - (3) The occupant load of a room or floor area shall be determined in accordance with The National Fire Code. - (4) The number of occupants permitted to enter a room shall not exceed the maximum occupant load calculated in accordance with this Section. 5. If the Fire Chief or a municipal inspector reasonably believes that the number of occupants in a room may exceed the maximum occupant load, the Fire Chief or municipal inspector may temporarily close the room or building in order to determine the number of occupants in the room. - If the number of occupants in a room exceeds the maximum occupant load, the room shall not be re-opened to the public until the number of occupants is reduced to a number less than the maximum occupant load. ## Property Identification 29. (1) The civic address of any building of structure shall be prominently displayed on the front of the building or structure so as to be clearly visible from the street. - (2) In buildings with multiple occupancies, the designation or suite number for each occupancy must be prominently displayed. ## Inspection, Testing and Maintenance of Portable Fire Extinguishers 30. (1) In accordance with 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. ## Inspection and Maintenance of Commercial Cooking Equipment 31. (1) In accordance with 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. ## Inspection and Maintenance of Sprinkler and Standpipe Systems 32. (1) Inspection and maintenance of sprinkler and standpipe systems shall be performed by properly trained and qualified persons. - (2) Any person who intends to inspect or maintain sprinkler and standpipe systems may be required to submit proof to the Department that the person holds a journeyperson's certificate in the sprinkler systems installer trade or that the person is a fourth-year apprentice in the sprinkler systems installer trade. ## Inspection, Testing and Maintenance of Fire Alarm Systems 33. (1) In accordance with The National Fire Code, the inspection, testing and maintenance of fire alarm systems shall be in conformance with CAN/ULCS536, "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. - (3) Any person who wishes to inspect, test or maintain fire alarm systems must (or the employer must): 3. (a) be a member in good standing of the Canadian Fire Alarm Association or the National Fire Protection Association; and, 4. (b) have at least one of the following qualifications: 5. (i) a certificate from a recognized alarm manufacturer that the person is a factory trained installer and serviceperson; or 6. (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 7. (iii) a certificate that the person has successfully completed the journeyman electrician trade's upgrading course entitled "Fire Alarm and Protection Systems". - (4) For purposes of this section "Addressable Fire Alarm System" means a fire alarm system that consists of initiating devices and central appliances and that is capable of individually identifying and controlling discrete components and functions of the system. 9. (a) Only authorized factory trained personnel may service addressable fire alarm Systems: 10. (i) or the person's employer is, member in good standing of the Canadian Fire Alarm Association or the National Fire Protection Association; and 11. (ii) possesses appropriate factory training in servicing addressable fire alarm systems. - (5) Where a fire alarm system that is required to be installed in accordance with Section 3.2.4. of the National Building Code, is, in the opinion of the Fire Chief or designate, not adequately maintained, the Fire Chief or designate may require the building owner or manager to assign a dedicated Fire Watch person(s) to patrol the affected building or areas when occupied by the public, tenants, employees or other authorized persons. The Fire Watch must have the capability to communicate with the Fire Department Dispatch Centre. ## Vacant Buildings 34. (1) In accordance with The National Fire Code, all vacant buildings shall be secured by the owner against unauthorized entry. Vacant buildings frequently become the target of vandalism and arson. They should be locked, and accessible windows and doors should be barricaded to prevent unauthorized entry. However, fire department access to the interior of the building in the event of a fire should not be made unduly difficult. - (2) In addition 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. - (3) Where the owner of any Vacant Building cannot be located or is otherwise incapable of arranging to secure the property against vandalism, looting, or other undesirable conduct, the Fire Chief or their designate will make arrangements to secure the said property. The cost for securing the property is the responsibility of the owner of the property. - (4) A property owner is responsible for any costs incurred for securing a property; these costs may be added to the tax roll of the property. ## Prevention of Fire Spread 35. The 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. ## Commandeering of Equipment 36. (1) Where an extreme fire hazard exists or the safety of persons or property is endangered by a fire, the Fire Chief or the senior officer in command of a fire or any other emergency may commandeer or use any privately owned equipment for the purpose of fire fighting. - (2) The Department shall pay compensation to any person from whom private property is commandeered or used pursuant to Subsection (1). - (3) The amount of compensation to be paid to a person by the Department pursuant to Subsection (2) is to be determined by the Department. In the event a person does not agree with the amount of compensation offered by the Department, the person may appeal the amount of the compensation and the provisions of Section 13 shall apply. ## Obtaining Assistance in Fire Fighting 37. (1) Where an extreme fire hazard exists or the safety of persons or property is endangered by a fire, the Fire Chief or the senior officer in command of a fire or other emergency may obtain the voluntary assistance of any adult for the purpose of fire fighting. - (2) The Department shall pay compensation to any person who assists in fire fighting pursuant to Subsection (1). - (3) The amount of compensation to be paid to a person by the Department pursuant to Subsection (2) is to be determined by the Department. In the event a person does not agree with the amount of compensation offered by the Department, the person may appeal the amount of the compensation and the provisions of Sections 13, 14 and 15 shall apply. - (4) No person who assists in fire fighting pursuant to Subsection (1) shall be deemed to be an employee of the Department or of the Town for the purposes of this Bylaw or any other Act or Law. ## Duties of Persons Assigned to Fight Fires 38. Every person who assists in fire fighting pursuant to Section 37 shall: - (1) proceed as directed; - (2) take all equipment with which the person has been supplied or which has been commandeered for the person pursuant to Section 37; - (3) assume responsibility for the fire fighting equipment in the person's care; - (4) obey all reasonable orders and requirements of the Fire Chief or the senior officer in command of the fire; and - (5) make every reasonable effort to control and extinguish the fire and to protect any life and property endangered by the fire. ## False Alarms 39. (1) The Department will respond to all alarms in a timely fashion, including Intrusion Alarms communicated as Fire or CO Alarms. The Department is considered to be responding when dispatched and en route to the event location. 2. The department may charge a fee for responding to a false alarm, as set out in Schedule "A" of this bylaw. False Alarm schedules will be calculated per calendar year from the first offence. If no false alarm occurs for a period of 12 consecutive months, a subsequent false alarm will be considered a first offence. - (i) First offence or activation- education at scene by Officer in charge. - (ii) After the second response to a false alarm at a residence, business or other alarm site, The Town of Nipawin will issue a letter of warning to the alarm ownel. - (iii) After the third response to a false alarm, a fine of no less than $100 will be issued to the alarm owner. - (iv) After the fourth offence to a false alarm, a fine of no less than $300 will be issued to the alarm owner - (v) After the fifth and every subsequent response thereafter to a false alarm, a fine of no less than $1200 will be issued to the alarm owner. - (3) Where the Department responds to an alarm and the Property Owner, Property Manager or Business Owner does not provide access to the interior of the building within 15 minutes of arrival of the Department, the Department may charge an additional standby fee until access is provided to the interior. - (4) The Department will remain at the location of an alarm until such time as being released from scene by a Property Owner, Property Manager or Business Owner or designate. The Department will charge a standby rate set out in Schedule "A" until the release is secured ## Part VI - Hazardous Substances ## Underground Storage Tanks 39. In accordance with The National Fire Code and The Hazardous Substances and Waste Dangerous Goods Regulation. ## Testing, Repair and Removal of Storage Tanks 40. If, in the opinion of the Fire Chief or a municipal inspector, there is a reasonable suspicion that flammable or combustible liquids or vapours are escaping from an underground or above-ground storage tank or piping which may create a hazardous condition, the Fire Chief or municipal inspector may order the owner, operator or occupant of the premises where the storage tank is located to: - (1) Drill test holes and provide test results to the Department; - (2) Test the tank and associated piping; and - (3) Excavate the tank and piping and carry out any necessary work to correct the hazardous condition, including the removal, replacement or repair of the tank. ## Discharge of Hazardous Substance Into Sewer System 41. (1) No person shall discharge or permit to be discharged any flammable liquid, combustible liquid, dangerous good, hazardous substance or waste dangerous good, whether by itself or in combination with any other liquid or solid, into any sanitary sewer, storm sewer, sewer connection, catch basin, street, alley or ditch. - (2) Notwithstanding Section 11, the Fire Chief or a municipal inspector may use any measures that the Fire Chief or municipal inspector considers appropriate to prevent a further discharge of a substance mentioned in Subsection (1), and may suspend the operation of any activity or business suspected of being the source of the discharge. 42. Every person shall, upon request, supply the Fire Chief with a complete list of all waste oniy properly when defie rotc, or Bound tamable or explosive material stored ## Part VII - Fireworks ## Sale of Fireworks 42. (1) 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 2. (a) without first having obtained a fireworks sale permit from the Department; and 3. (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 conformance with the Explosives Act and its Regulations, and The National Fire Code. ## Discharge of Fireworks 43. - (1) No person shall discharge any fireworks within Town boundaries without 2. (i) first obtaining a permit - (ii) holding a valid fireworks operator certificate issued by Natural Resources Canada - (2) No person shall discharge any fireworks in a manner that would create a danger or nuisance to any other person or property. - (3) 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 Department. - (4) No person shall discharge any fireworks on a school site without the prior written consent of the Board of Education that owns the site, and without first obtaining a firework display permit from the Department. Only low hazard fireworks may be discharged in a public display on a school site. - (5) No person under 18 years of age shall discharge any fireworks except under the direct supervision of a parent, guardian or other responsible adult. - (6) 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. - (7) 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. - (8) No person shall discharge any Sky Lantern at any time. - (9) For the purposes of this section, handheld sparklers and toy pistol caps do not apply ## Indoor Fireworks 44. (1) No person shall hold an indoor fireworks (pyrotechnics) display without first obtaining a permit from the Department. - (2) A public fireworks display using indoor fireworks (pyrotechnics) shall be conducted under the direct supervision of a Fireworks Supervisor. 3. The person holding the permit shall be responsible to ensure that the display is conducted in conformance with provisions of the current Pyrotechnic Special Effects Manual prepared by Natural Resources Canada. - (4) The handling, storage and use of indoor fireworks shall be in conformance with the Explosives Act and its Regulations, and The National Fire Code. - (5) Handheld sparklers may be disallowed indoors if the Fire Chief or Designate determine the risk to be too great to use during an event ## High Hazard Fireworks Displays 45. (1) No person shall hold a public fireworks display using high hazard fireworks without first obtaining a permit from the Department. - (2) A public fireworks display using high hazard fireworks shall be conducted under the direct supervision of a licenced Fireworks Supervisor. - (3) The person holding the permit shall be responsible to ensure that the display is conducted in conformance with the current Fireworks Display Manual prepared by Natural Resources Canada. - (4) The handling, storage and use of high hazard fireworks shall be in conformance with the Explosives Act, its Regulations, and The National Fire Code. ## Fireworks Display Permits 46. (1) The Fire Chief or designate shall have the sole discretion to issue a permit to allow a person to: 2. (a) sell fireworks; or 3. (b) discharge fireworks. - (2) The types of permit that may be issued by the Department include: 5. (a) fireworks sale permits; 6. (b) fireworks display permits in respect of: 7. (i) high hazard fireworks; 8. (ii) low hazard fireworks; and 9. (ill) indoor fireworks. - (3) Application for a permit shall be made to the Fire Chief on such forms and accompanied by such information as may be prescribed by the Department from time to time. - (4) The Fire Chief or designate may issue a permit upon such terms and conditions as the Fire Chief considers appropriate. - (5) Without limiting the generality of Subsection (4), the Fire Chief or designate may, in any permit: 3. (a) place restrictions on the quantity and the type of fireworks that may be sold ot discharged in the display; 4. (b) require the applicant to submit specified information; 5. (c) place restrictions on the location, date, and time of the display; 6. (d) require the applicant to provide security and fire safety measures; 7. (e) place restrictions on the manner in which fireworks may be discharged; and 8. (f) require the permit holder to, at the conclusion of the public fireworks display, immediately remove and dispose of all unused fireworks and debris. - (6) A permit for an indoor fireworks display shall only be issued to persons holding a valid 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 Department is satisfied that the applicant is properly trained and qualified in indoor pyrotechnics. - (7) 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. Applicants with Fireworks Supervisor accreditation from other jurisdictions shall not receive a permit unless the Department is satisfied that the applicant is properly trained and qualified in the use of high hazard fireworks. - (8) The applicant for a fireworks display permit or a fireworks distribution permit shall procure and provide the Department, at least 7 45 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: 12. (a) for a permit regarding an indoor fireworks display or a public fireworks display using high hazard fireworks, a minimum of $5,000,000.00; 13. (b) for a permit regarding a public fireworks display using low hazard fireworks, a minimum of $2,000,000.00; or 14. (c) for a permit regarding sale of low hazard fireworks, a minimum of $2,000,000.00. - The Fire Chief may, upon application fiom the holder of a permit, or at his discretion, amend the terms and conditions of the permit. - (7) No person shall assign ot transfer a fireworks distribution permit or a fireworks display permit. - The Fire chief or Designate may, at any time, suspend the fireworks display due to atmospheric conditions or any other reason deemed in their opinion that would put undue risk to life, property or the environment. ## Part VII - Trailer, Mobile Home and Manufactured Home Communities ## Maintenance of Trailers, Mobile Homes and Manufactured Home Communities 47. Every trailer, mobile home or manufactured home shall be maintained in conformance with FPA 501A Standard for Fire Safety Criteria for Manufactured Home Installations, Sites and Communities. ## Part IX - Offences and Penalties ## Owner's Responsibility 48. Unless otherwise specified, the owner or the owner's authorized agent shall be responsible for carrying out the provisions of this Bylaw. ## Notice of Violation Offences 49. (1) Every person commits an offence who: 2. (a) blocks an exit or access to an exit in any building; 3. (b) fails to maintain a fire exit door or fire exit hardware on a fire exit door in any building in operating condition; 4. (c) no person shall park a vehicle whether occupied or unoccupied within a fire lane; 5. (d) fails to maintain portable fire extinguishers in any building in conformance with The National Fire Code; 6. (e) fails to maintain a commercial cooking equipment exhaust and fire protection system including duct work, an automatic sprinkler system or a fire alarm system in conformance with The National Fire Code; - (I) permits combustible materials to accumulate in or around any building in quantities or locations that will constitute an undue fire hazard; - (g) contravenes the provisions of Section 19 regarding carbon monoxide and smoke alarms; - (h) fails to store flammable and combustible liquids or compressed gases in any building, structure or open space in conformance with The National Fire Code; - (i) blocks or wedges open a closure in a fire separation in any building; - (i) contravenes the provisions of Section 22 regarding the setting of open-air fires; - (k) contravenes the provisions of Section 42 regarding the sale of fireworks; - (1) contravenes the provisions of Section 43 regarding the discharge of fireworks; - (m) fails to obtain an indoor fireworks display permit as required by Subsection 44; - (n) fails to obtain a high hazard fireworks display permit as required by Subsection 45(1); or - (o) contravenes the provisions of Subsection 44 regarding assignment or transfer of a fireworks distribution permit or fireworks display permit. ## Minimum Penalty When a contravention occurs, the person responsible for the contravention is guilty of an offence and liable on summary conviction to a fine: - i. for the first offence, of $250; - ii. for a second offence, of $500; - iii. for a third or subsequent offence, of not less than $750 and not more than $10,000 in the case of an individual or $25,000 in the case of a corporation. ## Failure to Comply 51. (1) Every person commits an offence who fails to comply with an Order to Remedy Contravention made under Section 11 of this Bylaw. - (2) A person who contravenes Subsection (1) is guilty of an offence and liable on summary conviction to a fine: 3. (a) for a first offence, of not less than $500; - (b) for a second offence, of not less than $750; and - (c) for a third or subsequent offence, of not less than $1,000. $1,500.00 ## Maximum Penalty 52. (1) No person shall: 2. (a) fail to comply with an order made under this Bylaw; 3. (b) obstruct or hinder the Fire Chief or any municipal inspector acting under the authority of this Bylaw; or 4. (c) fail to comply with any other provision of this Bylaw. - (2) Except where a penalty is specifically provided for in this Bylaw, every person who contravenes any provision of this Bylaw is guilty of an offence and liable on summary conviction: 6. (a) in the case of an individual, to a fine of not more than $10,000 and, in the case of a continuing offence, to a further fine of not more than $2,500 for each day during which the offence continues; and 7. (b) in the case of a corporation, to a fine of not more than $25,000 and, in the case of a continuing offence to a fine of not more than $2,500 for each day during which the offence continues. - (3) A conviction for an offence for failing to comply with an order does not relieve the person convicted from complying with the order and the convicting judge or justice of the peace may, in addition to any fine imposed, order the person to do any act or work, within a specified time, to comply with the order with respect to which the person was convicted. - (4) The Court may, in default of payment of a fine imposed under this Bylaw, order imprisonment of an individual for a term not exceeding one year. ## Fine Levied 53. The following procedure shall apply to offences committed under this Section: - (1) the Fire Chief, a municipal inspector or any member of the Department may issue a notice of bylaw violation to any person committing a first or second offence under Subsection (1). The notice shall require the person to pay to the Town the amount specified in clause (2)(a), (b)or (c); - (2) the fine may be paid: - a. in person, during regular office hours, to the cashier located at Town Office, Nipawin, Saskatchewan, - b. by deposit, at the depository located at the main entrance to Town Office, Nipawin, Saskatchewan, or - c. by mail addressed to the Office of the Town Treasurer, Town Office, Nipawin, Saskatchewan, SOE 1E0; - (3) if payment of the fine as provided in clause (52)(a), (b), or (c) is made prior to the date when the person contravening the Bylaw is required to appear in court to answer a charge, the person shall not be liable to prosecution for that offence; - (4) upon payment, the person contravening the Bylaw shall not be liable to prosecution for that offence. ## Part X - Miscellaneous 54. Bylaw No. 1160/23 is hereby repealed. 55. This Bylaw shall come into force and take effect upon the final passing thereof.  Marlon Zacharias - Mayor  READ A THIRD TIME AND FINALLY ADOPTED THIS     sorensen Michele Sorensen Chief Administrative Officer  Cortied a true copy of bylew number\_ 11 73/24 adopted by resolution of Councll on the\_/ day o February 2024: Chief Administrative Olficer forenses Seal c000055 SASKATCHEWAN Schedule "A" | Service | Fee | |------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Inspection Services i. Third Party requests for business premises or required for a Provincial or Federal grant or license. ii. File Search. ili. Fire Report. | $150.00 (+ $0.50/km) $50.00 $50.00 | | Fire Alarm Response False Alarm Response | $1,200.00/hour per unit 1"" offence or activation - education at scene by officer in charge, 2nd offence- warning letter to alarm owner from Fire Chief, 3rd offence $100 4"' offence $300 5'"' offence $1200 | | Fire/Rescue Calls Command Unit | $1,200.00/hour per unit, plus disposable costs $300.00/hour | | Emergency Response Charges 1. Motor Vehicle Collisions out of Town i. ii. Nipawin Resident Non Resident 2. Motor Vehicle Collisions in Town i. ii. Resident Non Resident 3. Dangerous Goods Response i. Rail Carrier. 4. Dangerous Goods Response i. Highway Carrier out of Town. 5. Dangerous Goods Response i. Highway Carrier In Town | Current SGI Rate Current SGI Rate Current SGI Rate Current SGI Rate $1,200.00/hour per unit, plus disposable costs. $1,200.00/hour per unit, plus disposable costs. $1,200.00/hour per unit, plus disposable costs. | | Standby Fee i. | $250.00/hour per unit | | In Town | | | ii. Out of Municipality | $1,200.00/hour per unit | |--------------------------------------------------------------------|------------------------------------------------------------------------------------------| | Fireworks Permit as defined in the Explosives Regulations | $100.00 | | Indemnification Technology® | $1,200.00/hour per unit plus disposables plus any cost to Fire Dept. or Municipality for | | Firepit Permit and Inspection iti. In Town iv. Out of Municipality | No charge $25.00 |