TOWN OF LACOMBE
BYLAW NO. 270

A bylaw of the Town of Lacombe, in the Province of Alberta, to provide for the establishment and operation of a volunteer fire department and to provide for the protection and preservation of life and property within the municipality

SECTION 1

1.1

SECTION 2

2.1

In this bylaw:

1. "Apparatus" shall mean any vehicle provided with machinery, devices, equipment or materials for fire fighting as well as vehicles used to transport fire fighters or supplies.
   
   
2. "Board" shall mean the Board of the Regional Fire Service. 
   
   
3. "Enforcement Officer" shall mean a Peace Officer or  a  person appointed by Council to enforce the provisions of this Bylaw.
   
   
4. "Chief Administrative Officer" shall mean the Chief Administrative Officer of the Town appointed under Bylaw 58, or designated delegate 
   
   
5. "Council" shall mean the Municipal Council of the Town of Lacombe
   
   
6. "Dangerous Goods" shall mean a substance, (gas, liquid or solid), in transit capable of creating harm to people, property and the environment as defined by the United Nations Hazard Class Number System.
   
   
7. "Department" shall mean the Lacombe Fire Department  established under this Bylaw. 
   
   
8. "Director of Disaster Services" shall mean that person appointed by Council to act as the Town of Lacombe's Director of Disaster Services or designated delegate.
   
   
9. "Disaster" shall mean an event that results in serious harm to the safety, health or welfare of people or in widespread damage to property.
   
   
10. "District Chief" shall mean the person appointed by Council under the provisions of this Bylaw, or designated delegate.  
    
    
11. "Emergency" shall mean a present or imminent event that requires prompt coordination of action or special regulation of persons or property to protect the health, safety or welfare of people or to limit damage to property.
    
    
12. "Equipment" shall mean any tools, contrivances, devices or materials used by the Fire Department to combat an incident or other emergency.
    
    
13. "False Alarm" shall mean any fire alarm that is set needlessly, through wilful or accidental, human or mechanical error, and to which the Fire Department responds.
    
    
14. "First Responder (Awareness)" shall mean those persons who in the course of their normal duties may be the first on the scene of a Dangerous Goods or Hazardous Materials incident and are trained to recognize that a hazard exists, call for trained personnel and secure the area.
    
    
15. "Fire Protection" shall mean all aspects of fire safety including, but not limited to, fire prevention, fire fighting or suppression, pre-fire planning, fire investigation, public education and information, training or other staff development and advising.
    
    
16. "Hazardous Material" shall mean a substance (gas, liquid or solid) not in transit capable of creating harm to people, property and the environment as defined by the United Nations Hazard Class Number System.
    
    
17. "Illegal Fire" shall mean any fire that is set in  contravention of this Bylaw.
    
    
18. "Incident" shall mean a fire, a situation where a fire or explosion is imminent or any other situation presenting a danger or possible danger to life or property and to which the Department has responded.
    
    
19. "Inspection Officer" shall mean the Regional Chief, District Chief, Enforcement Officer or any Member directed to undertake inspections.
    
    
20. "Qualified Personnel" shall mean a person in possession of a Fireworks Supervisor Card issued pursuant to the Explosives Act (Canada) and the Alberta Fire Code A.R. 52/98 and their regulations.
    
    
21. "Member" shall mean any person appointed as a Member of the Department under this Bylaw and shall include the  District Chief. 
    
    
22. "Municipal Government Act" Shall mean the Municipal Government Act. S.A. 1994 c. M-26.1 and any amendments thereto;
    
    
23. "Mutual Aid Agreement" shall mean an agreement between the Town and other municipalities or persons for the joint use, control and management of fire extinguishing apparatus and equipment.
    
    
24. "Officer" shall mean an Officer of the Department. 
    
    
25. "Regional Chief" shall mean the Regional Fire Chief appointed by the Lacombe Regional Fire Service, or designated delegate.  
    
    
26. "Regional Fire Service" shall mean the Lacombe Regional Fire Service established under the provisions of Bylaw 269 of the Town. 
    
    
27. "Safety Codes Officer" shall mean an individual designated as a Safety Codes Officer in accordance with the Safety Codes Act S.A. 1991 c. S-0.5, s. 7.
    
    
28. "Town" shall mean the Town of Lacombe.
    

3.1

There is hereby established the Lacombe Fire Department to provide Fire Protection in the Town. 

3.2

The Department shall respond within the scope that the department's manpower, equipment and training permits, for the purpose of:

1. preventing and extinguishing fires in structures and wild land areas;
   
   
2. preserving life and property and protecting persons and property from injury or destruction by fire;
   
   
3. acting as First Responders (Awareness) preserving life and property and protecting persons from injury or destruction by Dangerous Goods, or Hazardous Materials or Industrial incidents;
   
   
4. providing rescue extrication services from vehicles;
   
   
5. acting as first responders and providing rescue extrication services from ice and water;
   
   
6. investigating the cause of fire in accordance with the Quality Management Plan approved by the Safety Codes Council;
   
   
7. carrying out preventable patrols, pre-fire planning and fire inspections in accordance with the Quality Management Plan approved by the Safety Codes Council;
   
   
8. assisting in disaster planning and "mock exercises";
   
   
9. enforcing the provisions of the Safety Codes Act and its regulations.

3.3

Council shall establish by policy such organizational structure for the Department  as may be appropriate and may establish officer positions, prescribe the duties, expectations and qualifications of such Officers and establish the method of their selection and appointment. 

3.4

Members shall carry out duties and responsibilities assigned to them under the Bylaw or Policies adopted by the Board or Council or by the Regional Chief or District Chief.

SECTION 4

4.1

The limits of the jurisdiction of the Department, the District Chief and Members shall extend to the area and boundaries of the Town and no apparatus shall be used beyond the limits of the Town without the express authorization of a Mutual Aid Agreement.  

SECTION 5

5.1

There shall be established the position of District Chief which shall, subject to the direction of the Regional Chief, be responsible for the operation and administration of the Department in accordance with the provisions of this Bylaw  and the policies established by the Board and Council.  

The District Chief shall be appointed by Council subject to the ratification of such appointment by the Council of Lacombe County where necessary.  

The District Chief shall prepare and recommend for adoption by the Regional Chief, the Board or Council as the case may be such rules, regulations, policies, standard operating procedures and protocols as may be required for the proper operation and administration of the Department, including, but not limited to administrative and technical work in planning, organizing and directing the fire fighting and fire prevention activities, pre-fire planning, preventive patrols and disaster planning assistance

The District Chief shall prepare annually for submission to the Regional Chief, consideration of the Board and approval of the Council, a Fire Services Plan which shall establish the fire protection service levels to be provided to the Town, the detailed operating and capital budget for the next fiscal year, the estimated expenditures and revenues for the upcoming three (3) years and estimated capital requirements and capital equipment plan for the next five (5) years. 

5.5 

The District Chief shall make such reports to the Council, the Board and the Regional Fire Chief as may be required by each respectively.  

5.6

The District Chief shall upon approval of the Regional Fire Chief: 

1. be responsible for the appointment of Members to the Department as required;
   
   
2. have the authority to dismiss any Member for cause which might include but are not limited to neglect of duties or  insubordination.  

The District Chief shall be responsible for the use, care and protection of Department property. 

The District Chief shall, upon approval of the Regional Chief, the Board or Council as the case may be, purchase or otherwise direct the acquisition of  such apparatus or supplies that may be required for the proper operation and administration of the Department. 

The District Chief shall keep or cause to be kept, in proper form, records of all business transactions of the Department, including the purchase or acquisition of apparatus or supplies. 

The District Chief shall keep records of all fires attended, actions taken in extinguishing fires, inspections carried out and actions taken on account of inspections according to the Quality Management Plan;  and any other records incidental to the operation of the Department. 

5.11

The District Chief may obtain assistance from other officials of the municipality as the District Chief may deem necessary in order to discharge the District Chief's duties and responsibilities under this Bylaw. 

SECTION 6

6.1

In Sections 7, 8 and 19, " Member in Charge" shall mean the Regional Chief or in the absence of the Regional Chief, the District Chief or in the absence of the District Chief, the highest ranking Member present at an incident 

6.2

Where a Member in Charge is the highest ranking Member present at an incident, the Member in Charge shall continue to act as Member in Charge until relieved by the Regional Chief or  District Chief or by an officer authorized to do so 

SECTION 7

7.1

In the event an Emergency or Disaster is declared, the Regional Chief, District Chief or in their absence the highest ranking Member present shall be responsible to the Director of Disaster Services for the conduct of emergency operations.

SECTION 8

8.1

The Member in Charge shall have control, direction and management of any Department apparatus or members responding to an incident and, where a senior member is in charge, shall continue to act until relieved by an officer authorized to do so.

The Member in Charge shall be responsible to direct and manage the operations necessary as reasonably can be expected for a volunteer fire department for the extinguishing or controlling of an incident, or the operations to preserve life and property. 

The Member in Charge is empowered to cause a building, structure or thing to be pulled down, demolished or otherwise removed if he deems it necessary to prevent the spread of fire to other buildings, structures or things. 

8.4

The Member in Charge is empowered to enter premises or property without a permit or written permission where an incident is occurring and to cause any Member or apparatus to enter without a permit or written permission, as the Member in Charge deems necessary. 

8.5

The Member in Charge is empowered to enter, pass through or over buildings or property adjacent to the incident and to cause Members and apparatus to enter or pass through or over the building or property without a permit or written permission, where the Member in Charge deems it necessary to gain access to the incident or to protect any persons or property.

8.6

The Member in Charge may, at the discretion of the Member in Charge, establish boundaries or limits and keep persons from entering the area within the prescribed boundaries or limits unless authorized to enter by the Member in Charge.  No person shall enter the boundaries or limits of an area unless he has been authorized to enter by the Member in Charge.  

8.7

The Member in Charge may request peace officers to enforce restrictions on persons entering within the boundaries or limits outlined in clause 8.6. 

8.8

The  Member in Charge may require any able-bodied adult person who is not a Member, to assist in:

1. extinguishing a fire or preventing the spread thereof;  
   
   
2. removing furniture, goods and merchandise from any building on fire or in danger thereof and in guarding and securing same and
   
    
3. in demolishing a building or structure at or near the fire or other incident. 

8.9

The Member in Charge is empowered to commandeer privately owned equipment which he considers necessary to deal with an incident and authorize payment for the possession of said equipment. 

8.10

In the event of an emergency or incident, the Member in Charge  shall issue to the property owner or occupant a "Property Release" form known as Schedule "B".

SECTION 9

9.1

No person, other than Members or employees of the Town, shall, without prior approval from the Regional Chief or District Chief, affix any tool, hose or other device to any fire hydrant or fire hydrant valve.

9.2

No person shall, without prior approval from the Regional Chief or the District Chief,  paint any fire hydrant, or any portion thereof .

SECTION 10

10.1

Inspection Officers shall be given access at reasonable hours to both public and private property for the purpose of inspecting the premises to ascertain whether there constitutes or is likely to constitute a fire hazard.

10.2

If in the opinion of the Inspection Officer,  a structure, excavation or hole is dangerous to public safety, the Inspection Officer shall advise the Chief Administrative Officer who may act pursuant to the Municipal Government Act. s. 546.01.

SECTION 11

11.1

The owner or authorized agent of any property damaged by fire, shall immediately report to the Department particulars about the fire which are satisfactory to the District Chief.

11.2

The owner or authorized agent of any property containing dangerous goods shall immediately report to the Department the particulars regarding any accidental or unauthorized release of such dangerous goods.

SECTION 12

12.1

Except where provided following, no person shall cause an open fire to be ignited or allow an open fire to continue burning. 

12.2

 An open fire may be permitted, upon receipt of a permit in a form similar to Schedule C under this Bylaw approved under Section 14 for: 

1. the burning, under the supervision of the Department, of a structure or grass area on non agricultural land; or
   
   
2. of grass and stubble on agricultural land, under the adequate and proper supervision of those farming the land; or
   
   
3. the burning of one or a combination of wood, coal and straw to thaw frozen ground for excavation related to construction including the digging of utility and service trenches.  

12.3

An open fire required by the Town's employees in performance of their assigned duties will not require a permit under Section 14. 

12.4

Nothing in this Bylaw shall be deemed to authorize any fire, burning or other act which is in contravention of the Environmental Protection and Enhancement Act, S.A. 1992, c E-13.3 and amendments thereto, or any regulation made there under, and in the event of any conflict between the provisions of this Bylaw and the said Act or Regulations, the provisions of the said Act or Regulations shall govern.

SECTION 13

13.1

An application for a fire permit shall be made in writing to the District Chief or his designate.

13.2

Upon receipt of an application for a permit, the District Chief shall consider the permit application, and may, pursuant to the provisions of this Bylaw and the Safety Codes Act and its Regulations:

1. refuse to grant a permit;
   
   
2. issue the permit unconditionally
   
   
3. issue the permit with conditions considered appropriate.

13.3

Fire permits issued pursuant to this Bylaw, are valid for such period of time as shall be determined by the District Chief, and the fire permit shall have endorsed the period of time for which the permit is valid.

13.4

A fire permit issued under this Bylaw, may be repealed at any time by the District Chief.

13.5

A fire permit shall not be transferable.

13.6

A person to whom a fire permit has been issued under clause 13.1 shall at all times keep a competent person in charge of the fire, and shall barricade or otherwise secure the area, to limit the entry of any unauthorized person.

13.7

The permit fee shall be as set out in Schedule "A" and shall be paid upon approval of the permit application.

SECTION 14

14.1

Each application for an fire permit must contain the following information:

1. the name and address of the applicant, and the name and address of the owner of the land on which the applicant proposes to set a fire;
   
   
2. the legal and municipal description of the land on which the applicant proposes to set a fire;
   
   
3. the period of time for which the permit is required;
   
   
4. the precautions that will be taken by the applicant to ensure that the proposed fire remains under his or her control;
   
   
5. the signature of the applicant;
   
   
6. the written consent to the proposed fire by the owner of the land (if different than the applicant).

SECTION 15

15.1

For the enjoyment of dwelling residents use of fire pits, outdoor fireplaces and stationary barbeques may be permitted.

15.2

Fire pits, outdoor fireplaces and stationary barbecues that burn combustible material shall:

1. be located in a rear yard with a minimum of 3.4 meters (10 feet) clearance from buildings, property lines and combustible materials, or as approved by the District Chief; 
   
   
2.  be constructed of bricks or concrete blocks, or heavy gauge metal, or other suitable non-combustible components;
   
   
3. have a spark arrestor mesh screen of 1.30 centimeters (.50 inches) expanded metal (or equivalent) to contain sparks over the fire at all times;
   
   
4. be the sole responsibility of the owner or tenant of the property;
    
   
5. be supervised at all times by a responsible adult person over the age of eighteen (18) until such time as the fire has been completely extinguished.  For the purpose of this clause, a fire shall be deemed to include any hot ashes and smoldering embers resulting from the fire;
   
   
6. only burn wood, charcoal briquettes, propane or natural gas;
   
   
7. have flames no higher than ninety (90) cm (3.28 feet) above the fire pit or the barbeque fire box.

Section 16

16.1

Subject to the exceptions set out following, no person shall discharge any fireworks within the corporate limits of the Town.   

The District Chief may, upon written application, permit qualified personnel to ignite fireworks and conduct fireworks displays.  The District Chief may impose at the sole discretion of the District Chief such conditions and restrictions on their use and display as may be appropriate.  Such conditions and restrictions might address: 

1. hours of the day days of the week
   
   
2. length of display 
   
   
3. height of display and type of fireworks used
   
   
4. geographic location requirements for notification of affected residents
   
   
5. safety

All fireworks shall be stored, used and ignited in accordance with provisions of the Explosives Act (Canada) and Alberta Fire Code A.R. 52/98 and their regulations and in accordance with those conditions determined solely by the Town.

No person shall be permitted to sell fireworks within the Town.

SECTION 17

Any Member, Peace Officer or Employee  of the Town may extinguish an illegal fire using whatever apparatus or procedure that the Member may deem appropriate or necessary to extinguish an illegal fire.

The costs of controlling or extinguishing any illegal fire shall be recovered from the person causing the illegal fire under the provisions of the the Municipal Government Act.  

SECTION 18

18.1

Where the Department has taken any action whatsoever for the purpose of extinguishing a fire or responding to a fire call, false alarm or incident for the purpose of preserving life or property from injury or destruction by fire or other incident on land, the District Chief may, in respect of any costs incurred in taking such action, charge any costs so incurred to the person who caused the fire, or to the owner or occupant of the land in respect of which the action was taken.

18.2

The costs and fees to be charged by the Department for services rendered pursuant to this Bylaw are as set out in Schedule "A".

18.3

In respect of any costs or fees levied or charged under this Bylaw:

1. the Town may recover such costs or fees as a debt due and owing to the Town; and 
   
   
2. in default of payment, where permitted by the Municipal Government Act,  add the amounts to the tax roll of a parcel of land. 

SECTION 19

19.1

No person shall damage or destroy Department apparatus or supplies. 

19.2

No person shall falsely represent themselves as a Member member or wear or display any Department badge, cap, button, insignia or other paraphernalia for the purpose of such representation.

19.3

No person shall:

1. cause any fire in the Town of Lacombe contrary to any provisions of this Bylaw; or
   
   
2. provide false, incomplete or misleading information to the Department on or with respect to an incident, fire or fire related information; or
   
   
3. interfere with the efforts of any persons authorized to extinguish fires or preserve life or property or in the carrying out of other duties imposed by this Bylaw; or
   
   
4. at an incident, impede, obstruct or hinder a member or other person assisting or acting under the direction of the Member in Charge; or
   
   
5. at an incident, drive a vehicle over any apparatus without the permission of the Member in Charge; or
   
   
6. impede, obstruct or hinder a Member from carrying out duties imposed by this Bylaw; or
   
   
7. burn or be responsible for the burning of any garbage or refuse except as provided in this Bylaw or any other Bylaw of the Town; or
   
   

8. allow any fire to give off dense smoke or any offensive odor in a manner which creates nuisance to neighboring persons and property; or

9. allow any fire to burn out of control so as to threaten or cause damage to adjacent property; or
   

10. light an open fire or a structure fire unless he has been issued a fire permit; or 
    

11. light an open fire without first taking sufficient precautions to ensure that the fire can be kept under control at all times; or
    
    
12. light an open fire when weather conditions are conducive to a fire readily becoming out of control; or
    
    
13. fail to take reasonable steps to control a fire for the purpose of preventing it from spreading onto land other than his own; or
    
    
14. deposit, discard or leave any burning matter or substance in a place where it might ignite other matter and result in a fire.

SECTION 20

20.1

A person who contravenes or fails to comply with any conditions in a Permit or with any order or request directed to him pursuant to this Bylaw, is guilty of an offence and liable:

1. if the offence is in contravention of Sub section 19.3 (j) of this Bylaw, to a fine of not less than $25.00 and not more than $300.00;
   
   
2. if the offence is a contravention of any other section of this Bylaw, to a fine of not less than $100.00 and not more than $1,000.00.

20.2

An Enforcement Officer is hereby authorized and empowered to issue a Violation Ticket to any person who the Enforcement Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw.

20.3

A Violation Ticket as set out in Schedule D may be issued to such person:

1. either personally; or
   
   
2. by mailing a copy to such person at his last known post office address.

20.4

The Violation Ticket shall be in a form approved by the Town of Lacombe and shall state:

1. the name of the person;
   
   
2. the offence;
   
   
3. the appropriate penalty for the offence as specified in the Bylaw;
   
   
4. that the penalty shall be paid within fourteen (14) days of the issuance of the Violation Ticket;
   
   
5. any other information as may be required by the Town.

20.5

Where a contravention of the Bylaw is of a continuing nature, further Violation Tickets may be issued by the Enforcement Officer, provided that no more than one Violation Ticket shall be issued for each day that the contravention continues.

20.6

If the penalty specified on a Violation Ticket is not paid within the prescribed time period, then a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedures Act, S.A., 1989, c. P-21.5, as amended.

20.7

Nothing in this Bylaw shall prevent an Enforcement Officer from immediately issuing a Violation Ticket for the mandatory Court appearance of any person who contravenes any provision of this Bylaw.

SECTION 21

21.1

A Member charged with the enforcement of this Bylaw, acting in good faith and without malice for the Town in the discharge of the Member's duties, shall not hereby render the Member personally liable and the Member is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of the Member's duties.

21.2

Any suit brought against a Member, because of an act or omission performed by the Member in the enforcement of any provision of this Bylaw, shall be defended by the Town until final determination of the proceedings.  Any Member will be reimbursed or indemnified against any loss or expense which the Member may incur as a result of any inquiry relating to, or any action brought or judgment obtained arising out of the Member's duties.   The Town shall not be required to pay any fines or penalties levied or imposed against any Member by reason of any conviction or charge for any violation of any statute or Bylaw.

SECTION 22

Schedule A as attached shall form part of this Bylaw.

Schedule B as attached shall form part of this Bylaw.

Schedule C as attached shall form part of this Bylaw.

Schedule D as attached shall form part of this Bylaw.

SECTION 23

23.1

Should any section or part of this Bylaw be found to have been improperly enacted for any reason, then such section or part shall be regarded as being severable from the rest of the Bylaw and the Bylaw remaining after such severance shall be effective and enforceable as if the section found to be improperly enacted had not been enacted as part of this Bylaw.

SECTION 24

24.1

Bylaw No. 39, the Fire Department Bylaw and any amendments, is hereby repealed.

24.2

Clauses 35.1, 35.2, 36 and 37 of Bylaw No. 135, the Garbage Collection Bylaw, are hereby repealed.

24.3

Bylaw No. G-182, the Firecracker and Fireworks Bylaw, is hereby repealed.

SECTION 25

25.1

This Bylaw shall come into effect upon passage of 3rd Reading.

____________________________
Mayor

____________________________
Chief Administrative Officer