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HomeMy WebLinkAbout2003-08-12 Council MinutesE* C9 C-. Council Agenda # 6d To Reeve Hoppins Members of Council From Mac deBeaudrap ESMC Date August 12, 2003 Issue To establish a Fire Protection and Emergency Services Bylaw Background A draft Bylaw #1482 was presented to Council on July 22nd and received First Reading It was recommended that the draft Bylaw be sent for review by legal counsel and revised accordingly before receiving further readings Discussion The draft document was sent to Spence Sample of the Sharek Reay Law firm in Edmonton Mr Sample is a lawyer who specializes in the legal matters of the Fire Service and is a member of the Alberta Fire Chiefs Association The draft document received rather cosmetic changes in wording other than some extensive changes made to sections 4 ] (Fire Guardians),11(Penalties) and 12 (Fire Bans) Recommendation 1) That Council give 2nd and 3rd Reading to Bylaw #1482 A •/"l Mac deBea - / Emergency Management Services Coordinator Page 29 N a 1�q �a KNEEHILL COUNTY BYLAW NO 1482 PROVINCE OF ALBERTA A BYLAW BEING ENACTED FOR THE PURPOSE OF ESTABLISHING FIRE PROTECTION AND EMERGENCY SERVICES WHEREAS the Municipal Government Act, R S.A 2000 c M 26 1 as amended, provides that a Council of a municipality may pass by laws for municipal purposes including the safety, health and welfare of people and the protection of people and property, AND WHEREAS the Forest and Prairie Protection Act R S.A 2000, c F 19 as amended, requires that the Council of a municipal district fight and control all fires within its boundaries except within those areas of the municipal district designated a forest protection area AND WHEREAS Kneehill County has been accredited by the Safety Codes Council pursuant to the Safety Codes Act in the fire discipline under Fire Accreditation No M000183 Order NO 000001158 AND WHEREAS the Council of Kneehill County wishes to regulate the use and setting of fires, NOW THEREFORE the Council of Kneehill County, duly assembled enacts the following SECTION 1 DEFINITIONS 1 1 In this Bylaw i "Agreement means any agreement entered into by Kneehill County and another municipality or agency for the provision of fire protection services ii "Apparatus" means any vehicle used by the Service whether on land water or in the air and includes any vehicles used to transport fire fighters supplies or any hired equipment "Building" means a structure that is used or intended to be used for supporting or sheltering persons or animals or property except those prescribed by regulation as exempted from the National Building Code Page 30 i N 11 �q Hl IV "County" means Kneehill County V "Council" means the Council of Kneehill County VI "Coordinator" means the Manager of the Emergency Management Services Department who is the County employee who is responsible for the management and operation of the Service on behalf of the County vii "District Fire Department means a fire department established and operated by a municipality or agency other than the County that provides Fire Protection Services to a Fire District pursuant to a formal Agreement viii "Enforcement Officer" means a member of the Royal Canadian Mounted Police a Municipal Bylaw Officer a Special Constable or any person designated by Kneehill County to enforce this bylaw ix "Equipment" means any tools contrivances, devices or materials used by the Service to combat an Incident or other emergency x "Fire Chief" means that person duly appointed as such who is responsible for the resources, operation and management of a District Fire Department in a designated Fire District including any person appointed or designated by the Fire Chief to act on their behalf X1 "Fire Department" shall mean a division of the Service that is created and owned by Council and capable of delivering Fire Protection services xii "Fire District' means that geographical portion of the County designated by Council as such from time to time (see Appendix) xiii "Fire Guardian" means that person named or appointed by Council as a Fire Guardian pursuant to the Forest and Prairie Protection Act xiv Fire Permit' means a permit issued pursuant to the Forest and Prairie Protection Act or this By Law xv "Fire Protection" means those aspects of fire safety as Council may from time to time authorize the Service to perform including but not limited to fire suppression, investigation, public education public training and the dissemination of fire safety information xvi "Incident' means a fire or other emergency situation to which the Service has responded or any other class of circumstance where the Service has responded and where a perception of harm to persons or property exists or existed xvii "Incident Commander" means the first qualified Member of the Service in attendance at an Incident who assumes command in accordance with policies and procedures of the Service Page 31 EW :a �tl xvin Incinerator Fire" means a fire that is confi structure or container that complies wit11 me requirements of the Environmental Protection Enhancement Act and its Regulations xix "Member" means any person or officer that is duly appointed by a Fire Chief as a member of a District Fire Department or any person or member or employee of an agency asked by the Coordinator or a Fire Chief to assist at an Incident xx "Municipal Tag" means a form prescribed by the City Manager allowing for the voluntary payment of a fine amount established by bylaw xxi "Outdoor Fire" means all fires except vehicle fires structural fires or an Incinerator fire An Incinerator without the required metal screen shall be deemed an outdoor fire xxii "Property" means any real or personal property, which without limiting the generality of the foregoing includes land and structures xxiii "Public Building" includes any building where the public has general access whether held under lease or strata title other than a private dwelling house xxiv "Running Fire means any fire burning outside of a confined container without being under proper control of any person xxv "Service means the Kneehill County Emergency Management Services Department and includes all Fire Departments and District Fire Departments or any other agency which provides emergency services to the County xxvi "Smudge Fire means a fire confined within a non-combustible structure or container that is set on land of one half (1/2) hectare or more in area for the purpose of protecting livestock from insects xxvii "Structure Fire' means a fire confined to and/or within any building structure, machine or vehicle which will or is likely to cause the destruction of or damage to such building, structure machine or vehicle xxviii "Violation Ticket" means a violation ticket as defined in the Provincial Offences Procedure Act xxvix "Warning Ticket" means an infraction notice issued by a Fire Guardian or Enforcement Officer for the purpose of informing someone of an infraction under this Bylaw Page 32 Ea N] �A SECTION 2 - INTERPRETATION 21 Wherever the provisions of this Bylaw are at variance with each other, the more restrictive of the two (2) provisions shall apply 22 Where there is any conflict between the provisions of this Bylaw and any other Bylaw of the County, the provisions of this Bylaw shall prevail SECTION 3 - DUTIES AND RESPONSIBILITIES 31 Council hereby establishes the Emergency Management Services Department that shall consist of all Buildings, Equipment, Apparatus, Supplies and Members currently owned or co owned by the County and used for fire protection or emergency purposes. The Service shall provide Fire Protection as deemed necessary by Council to safeguard the safety, lives and health of people and to protect people and property. 32 Administration may appoint a Coordinator to manage the Service and that Coordinator shall be responsible to the Chief Administrative Officer of the County, for the organization, administration and operation of the Service 33 The County may be divided into Fire Districts The Coordinator may recommend appropriate Fire Districts and emergency response station locations for the control and prevention of emergencies 3.4 The Coordinator may recommend to Council Agreements with other fire services agencies for the provision of Fire Protection in the whole or any part of the County or a Fire District 35 Where the County is divided into Fire Districts the Coordinator may arrange for Fire Protection in each Fire District pursuant to Section 3 4 or by recommending to Council the establishment of a Fire Department for that area or any combination of the foregoing 36 Where Council establishes a Fire Department to provide Fire Protection in a Fire District, Council may appoint a Fire Chief of that Fire Department. 37 Each Fire Chief shall be responsible for the management of fire fighters Apparatus and Equipment, first alarm response to Incidents and the provision of fire prevention, education and suppression activities within that Fire District subject to the approval of the Coordinator and any applicable Service policies and procedures 3 8Council may establish a fire management committee consisting of the Coordinator and Fire Chiefs and any other persons Council at its discretion deems appropriate The committee if established shall recommend to Council uniform Policy & procedure concerning the Service including but not limited to rules & regulations governing the use and care of Service property the appointment, NOP. II :�l H recruiting conduct discipline and responsibility of Members and of officers and any other matter affecting the efficient operation of the Service and Protection in the County Fire SECTION 4 — POWERS 41 A Fire Chief or any Member acting as Incident Commander at an Incident is empowered to enter or pass through or cause any Member, Apparatus or Equipment of the Service to enter or pass through any Building or Premise adjacent or near the scene of an Incident, or to convey through or to use to operate through in, or from such adjacent or nearby Building or Premise any emergency units or Equipment which is deemed necessary 42 The Fire Chief or any Member acting as Incident Commander at an Incident is empowered to enter Premises or property where the Incident occurred and to cause any Member, Apparatus or Equipment of the Service to enter, as deemed necessary, in order to combat control or deal with the Incident I' 4 3 The Fire Chief or any Member acting as Incident Commander at an Incident may prescribe limits in the vicinity of the Incident within which no person or vehicle shall be permitted to come or to remain unless such person is admitted by order of the Coordinator a Fire Chief or Incident Commander 44 The Coordinator, a Fire Chief or the Incident Commander shall be authorized to call upon Enforcement Officers to enforce restrictions on persons entering within boundaries or limits established as outlined in section 4 3 above 45 The Coordinator, a Fire Chief or the Incident Commander is empowered to seek the assistance of any other employee department or equipment of the County to mitigate an Incident and such assistance shall be provided forthwith 46 The Coordinator, a Fire Chief or the Incident Commander at any Incident is hereby empowered to cause to be pulled down or demolished buildings or other structures adjacent an Incident when in their sole discretion it is considered necessary in order to prevent the spread of any fire or to otherwise mitigate any other emergency 47 The Coordinator a Fire Chief or the Incident Commander at any Incident is hereby empowered to commandeer equipment when at their sole discretion it is considered necessary to do so to deal with an Incident and to authorize payment a for the eu use of such equipment in accordance .. with rates normally all used y indust or with y industry policies as determined b Council cil from time to time SECTION 41 — FIRE GUARDIANS 411 The chief elected official, each councilor the chief administrative officer, the Coordinator and each Fire Chief serving within the boundaries of the County are by virtue of their offices Fire Guardians in and for the County Page 34 :7 11 �01 4.1.2 Each year before the 0 day of March, Council may appoint additional Fire Guardians and specify their powers and duties respecting the provisions of the Forest and Prairie Protection Act and this By Law within the boundaries of the County 4 1.3 Council may limit the authority and power of the Fire Guardians respecting this Bylaw through resolution. SECTION 5 — OPEN BURNING AND FIRE PERMITS For the purposes of this section "prohibited debris" shall have the meaning assigned to it by the Environmental Enhancement and Protection Act and its Regulations 51 No person shall burn or cause to be burned any prohibited debris 5.2 No person shall set, cause to be set or maintain any Outdoor Fire exce t in accordance with the provisions of this Bylaw p 5.3 In addition to any Fire Permit required under the Forest and Prairie Protection Act, an additional Fire Permit may be required under this By -Law for the period from March 1 to December 31 in each calendar year 5.4 Not withstanding clause 5 3 of this section, any fire permit issued pursuant to the Forest and Prairie Protection Act during the fire season shall be deemed for all purposes to be a fire permit issued pursuant to this By -Law 55 An application for a Fire Permit for an Outdoor Fire or a structure fire shall be made to a Fire Guardian in writing and the Fire Guardian may, with absolute discretion, issue the applicant a Fire Permit 56 Fire Permits issued pursuant to this By Law are valid for such period as shall be determined and set by the Fire Guardian issuing the permit and the Fire Permit shall have endorsed thereon the period of time for which the said permit is valid 57 Each Fire Permit shall contain the following information a) the name, address and signature of the applicant and the Fire Guardian b) the legal and municipal description of the land on which the applicant proposes to set a fire c) the type and description of material which the applicant proposes to burn d) the requirements set out by the Fire Guardian that will be taken by the applicant to ensure that the proposed fire remains under control e) the period of time that the applicant proposes to burn 58 A Fire Permit is not required under this By -Law for the following a) an Incinerator fire either domestic or any Commercial or Industrial type incinerator that is required to be licensed under the Environment Protection and Enhancement Act or b) a fire that is set for the purpose of cooking or obtaining warmth, or Page 35 c) A Smudge Fire for the purpose of protecting livestock from insects, or d) Fires for the purpose of training firefighters, or e) Controlled burns conducted by the County �01 Page 36 N Dq SECTION 6 - JURISDICTION 6 1 The limits of the jurisdiction of the Services will extend to the area and boundaries of Kneehill County and no part of the fire Apparatus or Service shall be used beyond the limits of the County without the express authority of a written contract or mutual aid agreement providing for the supply of firefighting services or other Incident response outside the County boundaries The Reeve or the Deputy Reeve may in their absolute discretion, authorize the Service or any portion of it to assist neighboring communities who may be experiencing an emergency SECTION 7 — REQUIREMENTS TO REPORT / INSPECTIONS 71 The owner or authorized agent of any property damaged by fire shall immediately report to the Fire Chief or the District Fire Chief in the Fire District where the fire occurred the particulars of the fire in a form which is satisfactory to the Fire Chief or designate 7 2 The owner or authorized agent of any person who has experienced a spill or release of a dangerous good as defined in the Transportation of Dangerous Goods Act which is owned transported or otherwise under their control shall immediately report to the Fire Chief or the District Fire Chief in the Fire District where the spill or release occurred the particulars of the spill or release in a form which is satisfactory to the Fire Chief or designate SECTION 8 — DISCHARGE OF DUTIES 81 Any Member charged with the enforcement of this Bylaw, acting in good faith, and without malice for the County in the discharge of their duties, shall hereby not render themselves liable personally and they are hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act or omission of the Member in the discharge of those duties 8.2 Any suit brought against the Coordinator, a Fire Chief or a Member of the Service as a result of any personal act or omission performed in the exercise of the duties under this By Law shall be legally defended by the County until the final determination of the matter SECTION 9 — FEE FOR SERVICE 9 1 Where the Service has taken any action whatsoever for the purpose of extinguishing a fire or responding to a fire call or Incident in the County or for the purpose of preserving life or property from injury or destruction by fire or any other Incident on land within the County, including any action taken by the Service on a false alarm, the County Administration may in respect of any costs incurred by the Service in taking such action, charge any costs incurred by the County to the owner or occupant of the land or to any other person responsible for the fire or Incident in respect of which the action was taken Page 37 N, U 9 2 Notwithstanding section 9 1 above the County may charge fees on a cost recovery basis for any other service provided by the Fire Protection and Emergency Management Services Department in accordance with any policy Council may from time to time make SECTION 10 — PROHIBITIONS 10 1 No person shall impede obstruct abuse or in any way hinder a Fire Chief, Incident Commander, or any officer or Member of the Service at any Incident, or any other person in attendance at any Incident who is under the direction of the Fire Chief or Incident Commander 10 2 No person shall place or leave in place any vehicles, article, thing or matter in such a manner as to interfere with free access or approach to any fire hydrant or Service connections 103 No person shall obstruct or otherwise interfere with access roads or streets or other approaches to any fire hydrants, or bodies of water designated for firefighting purposes 104 No person shall in any way impact or hinder any Member of the Service or any person who may be assisting in extinguishing any fire or otherwise acting under the directions of a Fire Chief, or performing any other duties provided for in this Bylaw and no person shall move any fire hose, or drive a vehicle over any fire hose at any fire without permission of the Fire Chief or the Incident Commander in charge 105 No person shall place or cause to be placed, any matter or thing so as to obstruct or interfere with the operation or use of any fire hydrant, Service water inlet, or outlet connections on Buildings, fire alarm control panels manual alarm stations, or any fire detection device, or equipment 10 6 No person shall, either directly or indirect) ent servant or employee kindle a fire and let it become a running fire onor tany land noth an theirown property, or allow a running fire to pass from their property to the property of another 107 No person shall light any fire in an area subject to a Fire Ban. 10 8 No Person shall light a fire without a fire permit pursuant to Section 5 of this Bylaw 10 9 With the exception of recreational fires or incinerator fires, no person shall set or maintain an Outdoor Fire whether under permit or otherwise within 15 meters of a structure 10 10 No person shall allow his or her property, whether owned or occupied to become a fire hazard through a) the accumulation of combustible materials, or Page 38 r J L [�E b) the lack of maintenance to the property or the structures upon it, or c) any contravention of municipal provincial or federal regulations 10 11 No person other than an employee of the County Operations Department or a Member of the Service, shall use a fire hydrant for the purpose of obtaining or discharging water from such hydrant without first receiving permission from an official of the County Operations Department or the Service 1012 Any person who in any way obstructs, prevents, or refuses to admit a Safety Codes Officer, Fire Inspector or Investigatorin, to or upon any land, premises, yards or buildings for the purpose of inspecting or investigating the same or who incites or abets such action shall be considered in breach of this Bylaw The Safety Codes Officer(s) for the County shall have all powers as provided for in the Safety Codes Act with reference to the Fire Discipline 10 13 No person shall willfully or maliciously destroy or inure any property at a fire or any Apparatus or Equipment belonging to the Service 10 14 No person shall falsely represent themselves as an employee or Member of, or connected with the Service 10 15 No person shall wear, use or possess or have control of any official badge, identification or uniform of the Service except with the express written consent of the Coordinator or a Fire Chief of the Service 10 16 No person shall use, or have possession or control of any key for any Service vehicle or building unless specifically authorized by the Coordinator or a Fire Chief of the Service 10 17 No person shall falsely claim sanction of the Service in soliciting any person agency, society or company on any matter 10 18 Any person who refuses to provide or furnish any information required under this Bylaw, when requested by a Member of the Service, or who encourages such shall be in breach of this Bylaw SECTION 11 - PENALTIES 11 1 At the sole discretion of an Enforcement Officer a Municipal Tag or a Violation Ticket may be issued in respect of a bylaw offence 11 2 If a Municipal Tag is issued in respect of an offence, the Municipal Tag must specify the fine amount established by the bylaw for the offence 11 3 A person who commits an offence may if a Municipal Tag is issued in respect of the offence, pay the fine amount established by the bylaw for the offence as enumerated on Appendix B attached hereto and if the amount is paid on or before the required date the person will not be prosecuted for the offence Page 39 N N 0 11 4 If a Violation Ticket is issued in respect of a bylaw offence the Violation Ticket may (a) specify the fine amount established by the bylaw for the offence in accordance with Appendix B attached hereto, (b) require a person to appear in court without the alternative of making a voluntary payment. 11 5 A person who commits an offence, may (a) If a Violation Ticket is issued in respect of the offence, and (b) If the Violation Ticket specifies the fine amount established by the bylaw for the offence, make a voluntary payment equal to the specified fine 11 8 Unless otherwise specified in this bylaw, a person who is found guilty of an offence is liable to a fine in an amount not less than that specified in the bylaw and not exceeding $10 000 00, and to imprisonment for not more than one year for non payment of the fine 11 7 If a person is found guilty of an offence the court may, in addition to any fine or other penalty imposed order the person to comply with this bylaw or a license, permit or other authorization issued under this bylaw or a condition of any of them 11 8 In the case of an offence that is of a continuing nature a contravention constitutes a separate offence in respect of each day or part of a day on which it continues 11 9 A person who is found guilty of an offence is liable to the imposition of a penalty for the offence that is in addition to a fine so long as the penalty relates to a fee, cost, rate, toll or charge that is associated with the conduct that gives rise to the offence 11 10 Any person who violates any of the provisions of Section 10 or Section 12 of this Bylaw or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of Section 10 or 12, or who neglects to do, or refrains from doing anything required to be done by any of the provisions of these sections, or who does any act or thing or omits any act or thing thus violating any of the provisions of these sections shall be deemed to be in contravention of this By law 11 11 Any portion or the entire cost of fire suppression or fire fighting incurred as a result of any breach of this Bylaw may be charged to the Owner or the person responsible for the fire over and above any penalty determined by the courts or voluntary payment specified by Appendix B 11 12 Any person who contravenes or allows any other person to contravene any other of the terms, conditions or provisions of this By law shall be deemed to be in contravention of this By-law Page 40 L' SECTION 12 FIRE BANS 12 1 For the purpose of fire control, the County Administrator and Coordinator or their designates may issue a fire control order which may (a) 12.11 suspend or cancel within any or all parts of the County all County issued fire permits, or (b) 12 1.2 prohibit the lighting or require the extinguishing of any Outdoor Fire set. 122 A fire control order made pursuant to this section shall be immediately published at least twice a day for not less than two (2) consecutive days by electronic and print media considered by the County Administrator, the Coordinator, or their designates, most likely to bring the matter to the attention of the public 123 In an area affected by a fire control order made pursuant to this section, every person shall immediately proceed to extinguish every open outdoor fire lit by him or under his authority and every fire located on land occupied or owned by him 12.4 Fire bans may be lifted or modified at the sole discretion of the Coordinator This Bylaw shall have force and take effect on the final reading thereof READ a first time this 22 day of -j-91y_, A.D 2003 READ a second time this day of A D 2003 READ a third time this day of A.D 2003 Page 41 N N APPENDIX A FIRE PROTECTION SERVICE FEES A 1 Fire and Emergency Apparatus will be billed for at the current Alberta Transport and Utilities rate with the exception of mutual aid apparatus which will be billed for at the responding agency's mutual aid rate A.2 Any other fire related costs including but not limited to heavy equipment private water haulers specialty equipment and investigation costs may be billed at the County's cost for providing the service Page 42 s I 1 I I i I Om C7 APPENDIX B KNEEHILL COUNTY'S SPECIFIED PENALTIES FAXED — Page 43 0 L:I 11 To Gene Kiviaho Council Agenda 7b Members of Council From Lori Wildeman Date August 12, 2003 Issue Christmas Closure Background In the past Kneehill County has closed for `Christmas Holidays at noon December 24th Each employee is given a''/2 day with pay for the afternoon We also close between Christmas & New Year's, or depending on how New Year's Day falls we have closed after New Year's Day Discussion Each employee uses holidays &/or banked time to cover the days that we are closed Mr Mayhew & Mr Meding ensure employees are on call and available on a rotation basis during this closure Normally, a skeleton crew is adequate as this is a slow time of the year Recommendation Kneehill County Administration office and Public Works shop close at noon, December 24th 2003 and re open on Monday January 5th, 2004 at 8 00 a.m (For your reference I have provided a calendar) unda 21 Dec 1 22 Dec 1 23 Dec 1 24 Dec 1 25 Dec I 26 Dec 127 Dec 28 -Dec 1 Jan 3 -Jan 5 -Jan I 6 -Jan I 7 -Jan 8 -Jan 9 -Jan 10 -Jan 111 � Page 48 n U C To Gene Kiviaho, CAO Reeve Hoppins Members of Council From Barb Long Date August 12, 2003 Council Agenda #7k Issue To Establish a Date for a Community Grants Committee meeting Background The Community Grants to Non Profit Organizations Policy received third reading on June 24 2003 This policy stipulated that September 1, 2003 was the initial application deadline for implementation, with the funds to be distributed by November 1St Attached for your information, is a copy of the notice being printed in the August 20th, and 27th, issues of the Three Hills Capital, both in the County News and the regular sections of the paper Recommendation 1) That Council select a date to review and approve applications for funding from the Community Grant to Non Profit Organizations Barb Long Page 93 is C. n L.J KNEEHILL COUNTY COMMUNITY GRANTS TO NON PROFIT ORGANIZATIONS Policy 15 4 2003 FUNDING AVAILABLE Purpose To encourage, promote and support creative groups and organizations that bring a broad range of enjoyment, benefit and participation to Kneehill County Amount Determined by Council at the annual budget deliberations $50,000.00 for 2003 Deadline September 1, 2003 with funds to be distributed by November 1St Policy Guidelines - 1) Grants will be limited to non profit organizations, societies or associations Funds will not be granted to individual persons 2) The Community Grants Committee (CGC) comprised of all of Council reserve the right to establish a cap on the allocation of funds 3) Funds will be allocated for project based initiatives and not operational expenditures 4) Facilities that receive funding from other County programs are also eligible for funding under this grant program 5) The CGC will establish an appropriate point system to evaluate funding requests 6) Funding requests received after the application deadline will be held and only considered after the other requests have been dealt with and if funding is available 7) Presentations may be requested from those requesting funds For information regarding application details contact the County Office at (403) 443 5541 Page 94 Council Agenda #71 Issue Antarctica Expedition Request for Funding Assistance Presentation by Lindsay Parker Council Decision • C7 U Page 95