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Bylaw No. 4-2020
The Fire Prevention Bylaw
The Council of the Town of Kelvington in the Province of Saskatchewan enacts as
follows:
Part I - Short Title and Interpretation
Short Title
1.
This Bylaw may be cited as The Fire Prevention Bylaw.
Purpose
2.
The purpose of this Bylaw is:
(a) to establish the Kelvington Fire Department;
(b) to adopt a fire prevention code which establishes a satisfactory standard for fire
prevention, fire fighting and life safety in buildings;
(c) to provide for the prevention and suppression of fires;
(d) to provide guidelines for the storage and handling of flammable liquids,
combustible liquids, dangerous goods, hazardous substances and waste
dangerous goods;
(e) to regulate the sale and setting off of fireworks;
(f) to set minimum requirements for trailer, mobile home and manufactured home
communities; and
(g) to provide for services at the site of an emergency.
Page 2 of 21
Definitions
3.
In this Bylaw,
(a)
"Town" means The Town of Kelvington;
(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 Kelvington;
(h)
"discharge" includes to ignite, fire, or set off and the words "discharging"
and "discharged" have a similar meaning;
(i)
"dwelling unit" means a dwelling unit within the meaning of The National
Fire Code;
(j)
"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.
(l)
"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;
(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;
(o)
"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
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;
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(q)
"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.
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Part II - Fire Department
Establishment of Department
4.
(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 first response operations level
(d) pre-hospital emergency medical support service: Advanced First Aid
Level.
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Duties of Fire Chief
5.
(1)
The Fire Chief is the Director of the 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 Town Council.
(a) The Fire Chief shall have the authority to further delegate any matter
delegated
to him 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 Kelvington. The Chief Administrative Officer
shall then inform Council.
(4)
The Fire Chief is responsible for the maintenance of discipline within the
Department and may make Policies and Procedures necessary to carry out
the daily administration and operations of the Department.
Fees for Service
6.
(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.
Agreement for Emergency Service
7.
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
8.
(1)
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"
Part III - National Fire Code
Adoption of National Fire Code
9.
(1)
Except as modified by this Bylaw, it is declared that The National Fire
Code is in force in The Town of Kelvington.
(2)
The following NFPA standards are in force in The Town of Kelvington:
(a) NFPA 24 Installation of Private Service Mains and Appurtenances
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(b) NFPA 25 Water Based Fire Protection Systems
(c) NFPA 501A Fire Safety Criteria for Manufactured Home Installations,
Sites
and Communities.
Part IV - Inspections, Compliance with Orders and
Enforcement Procedures
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
11.
(1)
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.
(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
Fire Chief under the provisions of this Bylaw may appeal such Order in
writing to the Fire Commissioner of the Province 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
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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 367of 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 municipal inspector considers appropriate;
(c) order the owner, operator or occupant to immediately do anything
necessary to remove or lessen the condition. For greater certainty, the
municipal inspector may order the owner, operator or occupant to 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 or
structure after its demolition.
(2)
If closed under Clause (1)(b), the municipal inspector shall, if possible,
placard the building, structure, premise, yard or area as a serious danger to
life or property.
(3)
No person shall enter, attempt to enter or tamper with a building, structure,
premise, yard or area that has been closed under Clause (1)(b) without the
prior approval of the municipal inspector.
(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.
Page 8 of 21
Part V - Prevention and Suppression of Fires
Smoke Alarms
19.
(1)
Smoke alarms shall be installed in each dwelling unit and in each sleeping
room not within a dwelling unit in conformance with The National Fire Code.
(2)
In addition to those smoke alarms required in the current National Building
Code of Canada, residential rental properties shall have smoke alarms
installed in each bedroom and/or sleeping area in the building as well as one
working C02 detector.
Tenants shall be responsible to inspect and test smoke alarms and such
records shall be retained by the owner of the building or the owners
authorized agent for examination by the Fire Department in accordance with
The National Fire Code.
(a) in the case of alarms installed by permanent connection to an electrical
circuit, at least once every 6 months;
(b) in the case of tamper-proof alarms with 10 year batteries, at least once
every 6 months; or
(c) in the case of any other battery operated alarms, at least every 6 months.
Wood fuel burning appliances
20.
(1)
No person shall install a fireplace or solid fuel burning appliances in
any building in the Town of Kelvington 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 Fire Chief as to its safety.
(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
Kelvington.
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 Kelvington.
(2)
Burning barrels or any similar device used for the burning of any
household, commercial or yard refuge are prohibited.
Open-Air Fires
22.
(1)
Open-air fires shall not be permitted in the front yard (front yard as
defined by the Zoning Bylaw 763/2000);
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(2) Open-air fires shall not be set unless the following measures are taken to
limit their spread:
(a) 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);
(b) a receptacle shall be covered with a heavy gauge screen with openings
not exceeding 13 millimetres (0.5 inch);
(c) the size of the fire box of any receptacle shall not exceed 75cm (30
inches);
(d) the receptacle shall be located a minimum of 3 metres (10 feet) from
combustible materials, buildings, and similar amenity space and
property line
(e) the receptacle shall not exceed 51cm (20 inches) in height.
(3)
The fuel for open-air fires shall consist only of charcoal or cut, seasoned
wood. The burning of the following material is prohibited:
(a) rubbish;
(b) garden refuse;
(c) manure;
(d) livestock or animal carcasses; and
(e) any material which when burned will generate black smoke or an
offensive odour including insulation from electrical wiring or equipment,
asphalt roofing materials, hydrocarbons, plastics, rubber materials,
creosoted wood or any similar material.
(4)
Open-air fires shall be reasonably supervised so as to prevent their spread.
(5)
Open-air fires shall be adequately ventilated to ensure proper combustion
and to prevent an unreasonable accumulation of smoke.
(6)
Open-air fires shall not be set in windy conditions conducive to creating a
running fire or a nuisance to another person.
(7)
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.
(8)
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.
(9)
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 firemen are dispersed, the
owner of the fire pit may be assessed a fine.
Barbecuing
23.
(1)
Every person who uses a barbecue or similar device shall:
Page 10 of 21
(a) use the barbecue in a reasonable and safe manner;
(b) keep the barbecue, when lit, a sufficient distance from all combustible
material;
(c) refrain from leaving the barbecue unattended, when lit;
(d) keep the barbecue in a reasonable state of repair; and
(e) comply with all federal and provincial regulations governing the use
and storage of propane cylinders.
(2)
In addition to requirements of Subsection (1), if any person uses a barbecue
or similar device on a balcony, the following provisions apply:
(a) propane cylinders shall not exceed 20-pund-size
(b) all storage and regulations as set out in the NFC regarding propane
cylinders must be adhered to and followed.
(c) 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:
(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:
(a) stacked or piled clear of windows and doors to provide clear ingress and
egress to any building; and
(b) kept away from any source of fire.
(2)
If, in the opinion of the Fire Chief or a 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:
(a) the maximum height of storage cannot exceed 2 metres; and
Page 11 of 21
(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.
Occupant Load
27.
(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.
(6)
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
28.
The civic address of any building or structure shall be prominently
displayed on the front of the building or structure so as to be clearly visible
from the street.
Inspection, Testing and Maintenance of Portable Fire Extinguishers
29.
(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
30.
(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
31.
(1)
Inspection and maintenance of sprinkler and standpipe systems shall
be performed by properly trained and qualified persons.
Page 12 of 21
(2)
Any person who intends to inspect or maintain sprinkler and standpipe
systems shall 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
32.
(1)
In accordance with The National Fire Code, the inspection, testing
and maintenance of fire alarm systems shall be in conformance with
CAN/ULC-S536, "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 their employer must):
(a) be a member in good standing of the Canadian Fire Alarm Association
or the
National Fire Protection Association; and,
(b) have at least one of the following qualifications:
(i) a certificate from a recognized alarm manufacturer that the
person is a factory trained installer and serviceperson; or
(ii) a certificate that the person has successfully completed the
Canadian Fire Alarm Association "Fire Alarm Technology"
program, and has worked as an apprentice to a person who holds a
permit under this section for a period of not less than one year; or
(iii) a certificate that the person has successfully completed the
journeyman electrician trade's upgrading course entitled "Fire
Alarm and Protection Systems".
(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.
(a) Only authorized factory trained personnel may service
addressable fire alarm systems.
(b) Any person who wishes to obtain a permit to test, inspect or
maintain addressable fire alarm systems shall submit proof
satisfactory to the Department that the person:
(i) is, or the person's employer is, member in good standing of the
Canadian Fire Alarm Association or the National Fire Protection
Association; and
(ii) possesses appropriate factory training in servicing addressable fire
alarm systems.
(5)
Upon proof of the matters referred to in subsections (4) and (5), the
Department shall issue to the person the appropriate permit to inspect, test
and maintain fire alarm systems in the Town, which permit shall be valid
for the period specified on the permit.
Page 13 of 21
(6)
The Department may, at its discretion, cancel, revoke or suspend the permit
of any person who in the opinion of the Department has contravened any of
the provisions of this bylaw.
Vacant Buildings
33.
(1)
In accordance with The National Fire Code, all vacant buildings
shall be secured against unauthorized entry.
(2)
All exterior windows and doors, whether broken or intact, on the first storey
of a vacant building shall be boarded up to prevent unauthorized entry.
(3)
All broken exterior windows on any storey above the first storey of a vacant
building shall be boarded up to prevent unauthorized entry.
(4)
The boards used to secure a vacant building shall be plywood, OSB
(oriented strand board), particleboard or wafer board with a minimum
thickness of 9.5mm (3/8 inch).
(5)
Wherever possible, the boards shall be one solid piece and shall be secured
to the window or doorframe or brick molding using 5 cm (2 inches) gyproc
screws placed approximately 41 cm (16 inches) apart.
(6)
The boards shall be cut so as to fit tightly against the door or window
frames to prevent a person from prying off the boards.
(7)
In 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.
Prevention of Fire Spread
34.
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
35.
(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 Sections 13, 14 and 15 shall apply.
Obtaining Assistance in Fire Fighting
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 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).
Page 14 of 21
(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
37.
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.
Part VI - Hazardous Substances
Underground Storage Tanks
38.
(1)
In accordance with The National Fire Code and The Hazardous Substances
and Waste Dangerous Goods Regulation.
Testing, Repair and Removal of Storage Tanks
39.
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
40.
(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
Page 15 of 21
Subsection (1), and may suspend the operation of any activity or business
suspected of being the source of the discharge.
Part VII - Fireworks
Discharge of Fireworks
41.
(1)
No person shall discharge any fireworks in a manner that would
create a danger or nuisance to any other person or property.
(2)
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 fireworks display permit from the Department.
(3)
Clause 41(2) shall not apply to public fireworks displays conducted by a
community association.
(a)
Upon the written application of a person seeking to hold a public
fireworks display involving low hazard fireworks, the Fire Chief may waive
the date and time restrictions for the discharge of low hazard fireworks set
out in Clause 41(2).
(b)
The decision made by the Fire Chief pursuant to Clause 41 (2)is
final and may not be appealed to Town Council.
(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 fireworks 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.
Indoor Fireworks
42.
(1)
No person shall hold an indoor fireworks (pyrotechnics) display
without first obtaining a permit from the Department.
(2)
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.
(3)
The handling, storage and use of indoor fireworks shall be in conformance
with the Explosives Act and its Regulations, and The National Fire Code.
High Hazard Fireworks Displays
43.
(1)
No person shall hold a public fireworks display using high hazard fireworks
without first obtaining a permit from the Department.
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(2)
A public fireworks display using high hazard fireworks 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 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
44.
(1)
The Fire Chief shall have the sole discretion to issue a permit to allow a
person to:
(a) sell fireworks; or
(b) discharge fireworks.
(2)
The types of permit that may be issued by the Department include:
(a) fireworks sale permits;
(b) fireworks display permits in respect of:
(i) high hazard fireworks;
(ii) low hazard fireworks; and
(iii) 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 his 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 may, in any
permit:
(a) place restrictions on the quantity and the type of fireworks that may be
sold or discharged in the display;
(b) require the applicant to submit specified information;
(c) place restrictions on the location, date, and time of the display;
(d) require the applicant to provide security and fire safety measures;
(e) place restrictions on the manner in which fireworks may be discharged;
and
(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 Assistant Pyro technician, Pyro technician or Special Effects
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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 days prior to the
scheduled date of the display, a Certificate of Insurance which shall name
the Town as insured under the applicant's insurance policy evidencing
public liability insurance in the amounts hereinafter specified:
(a) for a permit regarding an indoor fireworks display or a public fireworks
display using high hazard fireworks, a minimum of $5,000,000.00;
(b) for a permit regarding a public fireworks display using low hazard
fireworks, a minimum of $2,000,000.00; or
(c) for a permit regarding sale of low hazard fireworks, a minimum of
$2,000,000.00.
(9)
The Fire Chief may, upon application from the holder of a permit, or at his
discretion, amend the terms and conditions of the permit.
(10)
No person shall assign or transfer a fireworks distribution permit or a f
ireworks display permit.
Part VIII - Trailer, Mobile Home and Manufactured Home Communities
Maintenance of Trailers, Mobile Homes and Manufactured Home Communities
45.
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
46.
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
47.
(1)
Every person commits an offence who:
(a) blocks an exit or access to an exit in any building;
(b) fails to maintain a fire exit door or fire exit hardware on a fire exit door
in any building in operating condition;
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(c) no person shall park a vehicle whether occupied or unoccupied within a
fire lane;
(d) fails to maintain portable fire extinguishers in any building in
conformance with The National Fire Code;
(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;
(f) 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 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;
(j) 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;
(l) 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:
(a) for the first offence, of $250;
(b) for a second offence, of $500;
(c) 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
48.
(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:
(a) for a first offence, of not less than $500;
(b) for a second offence, of not less than $750; and
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(c) for a third or subsequent offence, of not less than $1,000.
Maximum Penalty
49.
(1)
No person shall:
(a) fail to comply with an order made under this Bylaw;
(b) obstruct or hinder the Fire Chief or any municipal inspector acting under
the authority of this Bylaw; or
(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:
(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
(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
50.
Except as provided in Subsection (5), 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 (48)(a), (b)or (c);
(2)
the fine may be paid:
(a) in person, during regular office hours, to the cashier located at Town
Office, Kelvington, Saskatchewan,
(c) by mail addressed to the Office of the Town Administrator, Town
Office, P.O. Box 10, Kelvington, Saskatchewan, S0A 1W0;
(3)
if payment of the fine as provided in clause (50)(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
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51.
Bylaw No. 231-17 is hereby repealed.
52.
This Bylaw shall come into force and take effect upon the final passing thereof.
___________________
Mayor
READ A THIRD TIME AND
FINALLY ADOPTED THIS
___________________
_____ DAY OF
, 2020
Administrator
Certified a true Original of Bylaw No. 4-2020
passed by Council the ____ day of
,
2020.
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Schedule "A"