The Rural Municipality of
Fire Prevention and Emergency
Services By-Law
By-Law No.
Being a by-law of the Rural Municipality of to provide for fire fighting, fire prevention, the
related regulation of fire and other hazards, the adoption of the Code, and for
establishing, continuing and operating an emergency service for the
Municipality, and to be known as the “Fire Prevention and Emergency Services
By-Law”;
WHEREAS subsection 232(1) of the Act provides that a
council may pass by-laws for municipal purposes respecting the following
matters:
(a) The safety, health, protection and well being of
people and the safety and protection of property; . . .
(i) Preventing and fighting fires; . . .
(o) The enforcement of by-laws; . . .
AND WHEREAS section 264 of the Act provides that
every municipality must provide fire protection services within its boundaries
to reduce the danger of fire, which may include education programs, inspections
of property, the installation of alarms, instructions on fighting fires, the
provision of fire fighting equipment and a fire protection force;
AND WHEREAS section 268 of the Act provides that a
fire protection force may, with the approval of the council, provide other
services, including the prevention and release of illness and injury and the
preservation of life and property;
NOW THEREFORE the Council of the Rural Municipality
of , duly assembled, enacts as follows:
PART I: INTERPRETATION AND DEFINITIONS
Interpretation
1.
It is the purpose of this
by-law to establish the standards for fire prevention; fire fighting and life
safety in buildings; the prevention, containment and fighting of fires
originating outside buildings which may present a hazard to all or any part of
the Municipality; the operation of Emergency Services and the transportation
and storage of flammable and combustible substances.
Definitions
2. (a) Unless
otherwise provided, or unless the context otherwise requires, words and
expressions in this by-law have the same meaning as the same words and
expressions in the Act and in the
Code.
(b)
In this By-law, words
importing the singular number only shall include the plural and vice versa, and
words importing gender shall include all genders.
(c)
In this by-law:
(1)
“ACT” means The Municipal Act
S.M. 1996, c.58, C.C.S.M. c.M225 as amended from time to time.
(2)
“AUTHORITY HAVING
JURISDICTION” means the Fire Chief, acting
Fire Chief, deputy Fire Chief, or the responsible municipal, Provincial, or
Federal official with legal authority for controlling the subject referred to
including, without restricting the generality thereof, municipal Fire
Prevention Officers and Fire Inspectors.
(3)
“CODE” means the Manitoba Fire Code
being Regulation No. 163/98 of The Fire
Preventions Act, RSM c.F80, C.S.S.M. c.F80, as amended from time to time,
or any subsequent Manitoba Fire Code which may be enacted.
(4)
“COUNCIL” means the council of the Municipality.
(5)
“EMERGENCY SERVICES” includes, but is not limited to, all fire
protection services and all services provided at the site of an emergency for
the purpose of preserving life and property and protecting persons and property
from injury or destruction by fire, preventing and extinguishing fires,
investigating the cause and origin of fires, providing rescue services,
providing emergency medical responses, providing transportation for victims
(ambulance service), purchasing and operating apparatus and equipment for fire
fighting and the preservation of life and property, and preventing and
mitigating other potential risks to life and property as defined by Council.
(6)
“FIRE CHIEF” means the Fire Chief for the Municipality and any
one acting or authorized to act on his behalf.
(7)
“FIRE DEPARTMENT” means the Fire Department for the Municipality, and
includes any part-time, composite (any combination of full-time, part-time or
volunteer) or a volunteer fire department.
(8)
“FIRE FIGHTER” means any member, including volunteers, of the Fire
Department while their services are actually engaged by the Municipality for
the purpose of providing Emergency Services or otherwise enforcing the
provisions of this by-law.
(9)
“FIRE INSPECTOR” means the person or agency employed by or acting
for the Municipality and partially or wholly responsible for fire safety within
the Municipality.
(10)
“MUNICIPALITY” means (name of Municipality) or the area contained
within the boundaries thereof.[DRAFT
NOTE: Users should amend to Town/City
etc. as the case may be.]
PART II: ADMINISTRATION
Adoption of Fire Code
3.
The Municipality hereby adopts
the Code as part or this by-law, and the whole thereof, save and except such
portions as are hereinafter deleted, modified or amended, and is hereby
incorporated as if fully set out at length herein. Any reference to this by-law
shall be construed as a reference to the whole by-law, including the Code.
Recovery of Costs
4.
Subject to any agreements to
the contrary, where any type of Emergency Services have been taken within the
Municipality, including responding to a false alarm, the Municipality may, in
respect of any related costs incurred in taking such action, charge such costs
to the person who caused the fire or incident, or the owner or occupant of the
land or property in respect to which the action was taken. Further, the Municipality may proceed to
collect any costs as against the person by any means available to it in law for
the collection of outstanding taxes, including, without limitation, adding the
costs to the realty taxes on any property owned by the person within the
Municipality.
PART III: CREATION OF FIRE DEPARTMENT
Creation and
Membership
5.
There is hereby created a Fire
Department for the Municipality, to be comprised of a Fire Chief and such other
Fire Department personnel as from time to time may be deemed necessary by the
Fire Chief, and as more particularly set out in Schedule “A” hereto; provided
however, the Fire Department shall not be comprised of less than six (6)
personnel at any one time. No change in
the complement of the Fire Department shall be made without approval of the
Council, who may authorize an increase or decrease or vary the above stated
complement upon recommendation of the Fire Chief.
Responsibility of
Fire Chief
6.
It shall be the responsibility
of the Fire Chief to administer and enforce the provisions of this by-law,
subject always to such direction as may from time to time be given by the Council.
PART IV: EMERGENCY SERVICES
Emergency
Services
7.
The mandate of the Fire
Department is to provide the specific Emergency Services as described in
Schedule “B” to this by-law.
Agreement for Emergency
Services
8.
The Municipality may elect to
enter into an agreement with another Municipality to provide or have provided
Emergency Services. Such agreement
requires prior authority of the Council.
Response outside
Municipality
9.
The Fire Department will not
respond to any call with respect to a fire or an emergency outside the
municipal boundaries except with respect to a fire or emergency:
(a)
that in the opinion of the
Fire Chief threatens property in the Municipality or property situated outside
the Municipality that is owned or occupied by the Municipality; or
(b)
in a Municipality with which
an agreement has been entered into to provide fire protection services or
Emergency Services; or
(c)
in a Municipality which forms part of a mutual aid agreement for which
the Municipality is a member; or
(d)
on property with respect to
which an agreement has been entered into with any person or corporation to
provide fire protection therefor; or
(e)
for which the head of council
has first authorized such attendance; or
(f)
under such circumstances as it
appears human life is in jeopardy;
(g)
upon request for assistance
from the Office of the Fire Commissioner or some other properly designated
office of the Province of Manitoba.
PART V: GENERAL REQUIREMENTS
Interference an
Offence
10.
It shall be an offence for any
person, other than the Authority Having Jurisdiction or a Fire Fighter in the
course of duty, to turn on or interfere with any fire hydrant, in any manner
whatsoever.
Tampering an
Offence
11.
It shall be an offence for any
person to tamper with, damage, or discharge any fire prevention, fire
suppression, or rescue apparatus, or move any such apparatus from its allocated
location, without the permission of the Fire Chief.
Requiring
Additional Assistance
12.
The Fire Chief, or in his
absence, the senior officer of the Fire Department present at any fire or
providing any other Emergency Service, shall have the right and authority to
require any able-bodied adult person to assist in extinguishing fires, to
assist in the control of spread of
fire and to assist in any other required Emergency Service and any such person,
while acting under the direction of the Fire Chief, shall be deemed a volunteer
of the Municipality.
Commandeering
Equipment
13.
The Fire Chief, or in his
absence, the senior officer of the Fire Department present at any fire or
providing any other Emergency Service, shall have the right and authority to
commandeer and authorize payment for the possession or use of any equipment for
the immediate purpose of fighting a fire or providing any other Emergency
Service.
PART VI: FIRE PREVENTION STANDARDS
Access for
Inspection
14.
The Authority Having
Jurisdiction may, at all reasonable times, enter any premises for the purpose
of making an inspection, and any person in charge of the premises shall allow
the Authority Having Jurisdiction free access thereto.
Prevention of
Fire Spread
15.
The Fire Chief, or in his
absence, the senior officer of the Fire Department present at any fire shall
have the right and authority to enter, pull down or demolish any house or
building or structure, directly or indirectly affected, where deemed reasonably
necessary for the purpose of extinguishing a fire or to control or prevent the
spread of fires or in conjunction with dangerous goods or rescue.
Storage of
Containers
16.
All boxes, crates, petroleum
barrels and other containers, empty or otherwise, packing materials, or other
materials used or kept in any building or on any lot, shall be:
(a)
so stacked or piled as to keep them clear of windows and doors to provide
for clear ingress and egress to and from any part of the premises or building;
(b)
kept away from any source of ignition;
(c)
removed forthwith if determined to constitute a fire hazard by the
Authority Having Jurisdiction to such location as authorized by the Authority
Having Jurisdiction.
Portable Fire
Extinguishers
17.
Portable fire extinguishers
shall be:
(a) provided and located in accordance with the requirements of the Code;
(b)
maintained and/or hydro-statically tested in accordance with the
requirements of the Code.
Chimney Pipes
18.
All chimneys and pipes for
fireplaces or wood stoves shall be installed in conformance with the Code and
must be cleaned regularly to prevent a buildup of creosote. Where the Fire Chief deems it necessary he
may give notice to any owner requiring the cleaning of any chimney or pipe and
where such order is not complied with within ten (10) days the Fire Chief may
cause the work to be done and the cost therefor shall be the responsibility of
the owner.
Property Maintenance
19.
All buildings and properties
shall be adequately maintained in order to guard against fire or the risk of
fire.
Fire Alarm
Systems
20.
(a) Every fire alarm system shall be maintained at all times in
operating condition and tested by a qualified person in accordance with the
requirements of the Code;
(b) Where the Fire Department attends in response to a fire alarm call which is an apparent false alarm, the Fire Chief, or in his absence the senior officer of the Fire Department present at the scene, will attempt to contact the property owner or other designated person to attend and secure the premises. Where unable to contact the property owner or designated person, then a security guard may be called in to perform fire duty at the expense of the owner. The total cost of restoration of any fire alarm equipment, and related costs of hiring a security guard or any fire-watch service, shall be the responsibility of the owner or his insurer. If the owner cannot be located to pay this bill then all costs may be added to the real property taxes for the premises and collected in the same manner as normal taxes. [DRAFT NOTE: Each municipality may wish to provide its own procedures respecting this section.]
Flammable and/or
Combustible Liquid Storage and Storage of Hazardous Materials
21.
Prior written permission from
the Fire Chief shall be required for the storage of flammable and/or
combustible liquids or hazardous materials in excess of the amounts permitted
in the Code.
PART VII: PENALTY PROVISION
Penalty
22.
(a) An order made under this by-law shall be in writing and
signed by the Authority Having Jurisdiction.
An order may be directed to the owner, occupier or lessee of the subject
building or property in respect of which it is made or to any or all of them.
(b) Any
order made under this by-law shall be served:
(1) personally upon the person to whom it is
directed; or
(2) by registered or regular mail; or
(3) by
posting a copy of the order in a conspicuous place on the building or property
if the person to whom it is directed cannot be found, is not known, or refuses
to accept service of said order.
In the case of service by regular mail the order
shall be deemed to have been received on the fifth business day subsequent to
the date it is mailed.
(c) Any person who contravenes or
disobeys, or refuses or neglects to obey:
(1)
any provision of this by-law,
or any provision of any other by-law that by this by-law is made applicable to
proceedings taken or things done under this by-law; or
(2)
any provision of any by-law,
Regulation or Order enacted or made by Council; or
(3)
any Order made by this by-law;
for which no other penalty is specifically provided is guilty of an offence and is liable, on summary conviction, to a fine of not less than $100.00 or more than $1,000.00 for each day’s neglect or failure to comply therewith and in default of payment of the fine, to imprisonment for a term not exceeding thirty (30) days.
(d) Any person who hinders or obstructs the
Authority Having Jurisdiction in the exercise of his duty is guilty of an
offence and liable on summary conviction to a fine of not less than $100.00 or
more than $1,000.00, and in default of payment of the fine, to imprisonment for
a term not exceeding fourteen (14) days.
PART VIII: REPEAL AND ENACTMENT
Repeal
23.
(a) By-law No. ___________ together with amending by-law no(s)
, be and the same (is/are) hereby repealed.
(b) The repeal of the by-law(s) in the last preceding subsection mentioned shall not revive any by-law or any provision of any by-law repealed by (it / them), nor shall the said repeal prevent the effect of any saving clause in the said by-law or the application of the said by-law or any other by-law or provision of law formerly in force to any transaction, matter or thing anterior to the said repeal to which they would otherwise apply.
(c) The repeal of the said by-law(s) should not affect:
(1) any penalty, forfeiture or liability incurred before the time of such repeal, or any proceedings for enforcing the same had, done, completed or pending at the time of such repeal; or
(2) any action, suit, judgment, decree, certificate, execution, process, order, rule or any proceeding, matter or thing whatever, respecting the same had, done, made, entered, granted, completed, pending, existing or in force at the time of such repeal; or
(3) any act, deed, right, title, interest, grant, assurance, registry, rule, regulation, contract, lien, charge, matter, or thing had, done, made, acquired, established, or existing at the time of such repeal; or
(4) any office, appointment, commission, salary, allowance, security, duty, or any matter or thing appertaining thereto at the time of such repeal; or
(5) any bond, note, debenture, debt, or other obligation made, executed, or entered into by the City at the time of such repeal.
(d) The repeal of the said by-law(s) shall also not defeat, disturb, invalidate, or prejudicially affect any matter or thing whatsoever had, done, completed, existing or pending at the time of such repeal.
Enactment
24.
This by-law shall come into
full force and take effect upon the passage thereof.
Validity of By-law
25.
Should any provision of this
by-law or the Code hereby adopted be declared to be invalid by a court of competent jurisdiction, it is the
intent of Council that it would have passed all other provisions of the by-law
and the Code independent of the elimination of any such portion as may be
declared invalid.
DONE AND PASSED by the Council of
(name of Municipality} duly assembled this ____ day of
, 2002.
REGULAR MUNICIPAL SIGNING BLOCK
RECORD OF THREE READINGS
CERTIFICATION
OF THE CLERK OF COUNCIL
(where
required)
The Fire
Department will provide the following Emergency Services:
(a)
fire prevention and fire
extinguishing, which includes structural fire fighting for rescue, fire control
and property conservation;
(b)
investigation of the causes of
fire and origin determination;
(c)
preservation of life and
property and protection of persons and property from injury or destruction by
fire;
(d)
rescue, ambulance, and
emergency medical services;
(e)
salvage operations;
(f)
the ability to enter into
agreements with other municipalities or persons for the joint use, control, and
management of fire extinguishing apparatus and equipment;
(g)
purchase and operation of
apparatus and equipment for extinguishing fires or preserving life and
property;
(h)
water rescue;
(i)
rope rescue;
(j)
low angle rescue;
(k)
hazardous material responses;
(l)
vehicle extrication;
(m)
farm accident rescue;
(n)
ground search and rescue;
(o)
urban search and rescue;
(p)
aircraft rescue and fire
fighting;
(q)
trench rescue;
(r)
biological and chemical
responses;
(s)
fire prevention inspections;
(t)
pre-fire planning;
(u)
public safety education;
(v)
precautionary standby;
(w)
extinguishing and prevention
of grass fires;
(x)
extinguishing and prevention
of urban interface fires;
(y)
flood response;
(z)
response to any request that
the Fire Department deems an emergency, including but not limited to, CO
alarms, animals in peril and gas odours.
[DRAFT
NOTE: The items listed in this Schedule will be dependent upon the particular
services offered by the municipality’s Fire Department.]