HomeMy Public PortalAbout350-12 ESTABLISHMENT OF SUSSEX FIRE DEPARTMENT AND THE PREVENTION AND EXTINGUISHMENT OF FIRES (WARD 1)A BY-LAW RESPECTING THE ESTABLISHMENT OF
THE SUSSEX FIRE DEPARTMENT AND
THE PREVENTION AND EXTINGUISHMENT OF FIRES
BY-LAW # 350-12
Page 1/14
The Council of the Town of Sussex under the authority vested in it by
section 109 of the Municipalities Act, R.S.N.B. 1973 being c.M-22 revised statutes
of New Brunswick 1973 and amendments thereto duly assembled hereby enacts
as follows:
I. TITLE
1. This by-law may be cited as the "Town of Sussex Fire Prevention By -Law".
II. DEFINITIONS
2. In this by-law, unless the context otherwise requires,
(a) `Assistance Response "means;
• First response to medical emergencies
• Fire response to accidents, natural or man-made disasters,
escapes of hazardous materials or other circumstances that
have caused or cause harm to persons or property; or
• Rescue operations including:
o Auto Extrication
o Basic Remote Rescue
o Water Rescue
o Heavy Rescue.
(b) 'Chief Administrative Officer "means the Chief Administrative
Officer of the Town of Sussex;
(c) 'Clerk" means the Clerk of the Town of Sussex;
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(d) `Council "means the Council of the Municipality;
(e) 'Department" means the Sussex Fire Department;
(f) "Fire Chi f' means Fire Chief of the Department;
(g) "Fire Prevention Act" means the Fire Prevention Act, Chapter F-13
of the Revised Statutes of New Brunswick and Regulations
thereunder;
(h) "Fire Prevention of cer " means a person duly appointed a Fire
Prevention Officer by the Council of the Town of Sussex and approved
by the Fire Marshall's Office and includes the Fire Chief;
(i) `Mayor "means the Mayor of the Town of Sussex;
(j) 'Order "means an order made under authority of this by-law by the
Fire Chief or .a Fire Prevention Officer;
(k) `Police Q facer"means:
• a member of the Royal Canadian Mounted Police;
• a police officer appointed under Section 10, 11, or 17'.3 of the
Police Act;
• an auxiliary police officer or an auxiliary police constable
appointed under Section 13 of the Police Act, when
accompanied by or under the supervision of a member of the
Royal Canadian Mounted Police;
(1) `Public Services"means public information, education and
prevention programs, as they relate to fire safety, public safety, and
emergency preparedness.
(m) 'Town "means the Town of Sussex;
(n) 'Treasurer" means the Treasurer of the Town of Sussex;
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(0) "Plural terms" may apply whenever the singular, masculine or
feminine is used in this by-law and it shall be considered as if the
plural, feminine or masculine has been used where the context of the
party or parties hereto so requires; and
(p)
'Volunteer Fir Jlghter " means firefighter.
III. FIRE DEPARTMENT
3. The Council hereby establishes the Sussex Fire Department and the head of
the Department shall be known as the Fire Chief.
4. The Council shall appoint a Fire Chief who shall be, ex officio, a fire
prevention officer for the Department.
5. The Department personnel, in addition to the Fire Chief, shall consist of a
deputy fire chief and volunteer firefighters.
6. The Council may appoint any qualified person as a volunteer firefighter of
the Department, or as a Fire Prevention Officer, or both on the
recommendation of the Fire Chief.
7. The Council shall from time to time by Council resolution determine the
total number of volunteer firefighters for the Department.
8. The Council shall determine from time to time the remuneration of all
volunteer firefighters of the Department.
IV. EMPOWERMENT
9. The Sussex Fire Department is empowered to provide the following services:
a. Fire Protection
b. Assistance Response
c. Mutual Aid; and
d. Public Services
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V. FIRE CHIEF
10. The Fire Chief is responsible to the Council through the Chief Administrative
Officer for the proper administration and operation of the Department and
for the discipline of its firefighters and the Fire Chief:
(a) shall subject to the direction of the Council, divide the volunteer
firefighters into companies;
(b) shall appoint as many platoon captains and other officers from
among the volunteer firefighters as he/she deems necessary;
(c) may make such general orders and departmental rules as may be
necessary for the care and protection of the property of the
Department, for the conduct of the firefighters of the Department
and generally for the efficient operation of the Department, provided
that such general orders and rules do not conflict with the provisions
of any by-law of the Town;
(d) shall review periodically the policies and procedures of the
Department and make recommendations to the Council;
(e) shall take all proper measures for the prevention , control and
extinguishment of fires and for the protection of life and property
and shall enforce all municipal by-laws respecting fire prevention
and exercise the powers and duties imposed on him by the Fire
Prevention Act;
(t) shall be responsible for the.enforcement of this by-law and the
general orders and departmental rules;
(g) shall report all fires to the Fire Marshal as required by the Fire
Prevention Act;
(h) shall assist in the submission to the Council for Council's approval
the annual estimates of the Department;
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(i)
shall make an annual report to the Council of the activities of the Fire
Department during the preceding year including all calls answered by
the Fire Department, all fires, an estimate of the loss sustained and
the insurance coverage of each fire, an inventory of the fire fighting
equipment, names of all members of the Fire Department and
recommendations to promote the efficiency of the Fire Department;
(j) shall have full charge and sole command over the conduct of all
persons at the fire whether they are members of the Fire Department
or not;
(k) shall assign to the firefighters their regular duties and other duties
they deem proper;
(1) shall make or cause to be made a record of the attendance of all
firefighters at each fire;
(m)
may suspend any member of the Department for neglect of duty,
misconduct or breach of any by-law or regulation and shall forthwith
report the suspension to the Council; and
(n) shall recommend to Council the dismissal of a volunteer firefighter,
for just cause.
VI. DEPUTY FIRE CHIEF
11. While on duty, a deputy fire chief:
(a) shall respond promptly to all fire alarms;
(b) shall obey all lawful orders of the fire chief; and
(c) shall in the absence of the fire chief, have all the power and perform
all the duties of the fire chief.
By -Law # 350-12
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VII. VOLUNTEER FIREFIGHTERS
12. (a) A qualified volunteer firefighter shall reside within the territorial
limits protected by the Department.
(b) A person qualified to be appointed a volunteer firefighter for the
Department for firefighting duties:
(i) shall have successfully completed at least grade 12 or
equivalent;
(ii) shall be of good character;
(iii) shall pass such aptitude and other tests as may be required by
the Fire Chief; and
(iv) shall be medically fit to be a member as certified by a
physician.
(c) A person appointed as a volunteer firefighter of the Department for
firefighting duties shall be on probation for a period of one (1) year
from the date of Council approval.
(d) If a probationary volunteer firefighter appointed for fire fighting
duties fails any such examinations, the Fire Chief may recommend to
the Council that they be dismissed.
(e) When so ordered by the Fire Chief, all volunteer firefighters shall
assemble for drill and instruction in the use of firefighting equipment
at the time and place specified by the Fire Chief.
VIII. GENERAL
13. Firefighters of the Fire Department shall comply with this by-law and the
rules and regulations of the Department.
14. Fire Department vehicles and firefighting equipment shall not be used for
any work other than work of the Fire Department without the consent of
the Fire Chief.
By -Law # 350-12
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15.
(a) No Fire Department vehicle shall be used for emergency
transportation of a person other than a firefighter of the Fire
Department, except with the consent of the Fire Chief or the officer in
charge.
(b) The Fire Chief shall report each emergency trip made
under this section within twenty-four hours to the clerk who shall
charge such sum as established by Council for each trip.
16. (a) No firefighting equipment shall be taken beyond the limits of the
Sussex Fire Department coverage area except with the permission of
the Fire Chief or the officer in charge.
(b) When any firefighting equipment is taken beyond the limits of the
coverage area to any fire, the fire chief or designate shall appoint a
member of the Fire Department to take charge of the firefighting
equipment.
17. The owner of a structure which has a sprinkler connection shall provide
free access for fire vehicles to the building sprinkler connection. The owner
shall identify this access by placing no parking signs and installing posts to
identify this no parking area.
18. In the absence of the Fire and Deputy Fire Chief a senior officer of the
Department shall have all the power and perform all the duties of the Fire
Chief.
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PREVENTION & EXTINGUISHMENT OF FIRES
IX. FIRE PREVENTION OFFICER
19. (a) A Fire Prevention Officer is subject to directions of the Fire Chief and
is charged with the responsibility to enforce this by-law, regulations, the
Fire Prevention Act or other laws relating to the prevention and
extinguishment of fires.
(b) A Fire Prevention Officer:
(1)
is empowered to enforce the provisions of this and any other
by-law relating to the prevention and extinguishment of fires;
(11) is authorized to enforce the Fire Prevention Act and the
regulations made thereunder; and
(iii) without limiting the generality of the foregoing, has herewith
conferred upon him the same powers under the same
conditions as are conferred upon the Fire Marshall by Sections
12,16 and 21 of the Fire Prevention Act.
20. A Fire Prevention Officer or any person authorized in writing by a Fire
prevention Officer may, upon complaint of a person interested, or where a
Fire Prevention Officer deems necessary without such complaint may at all
reasonable times enter and inspect any building or premise within the
Town for the purpose of fire prevention or to investigate the cause or origin
of a fire.
X. ORDERS
21. (a) An Order of the Fire Prevention Officer or Fire Chief, under terms of
this By -Law shall be in writing and signed by the Fire Prevention
Officer or Fire Chief for any infractions of this By -Law, regulations,
Fire Prevention Act or other laws relating to the prevention and
extinguishment of fires.
By -Law # 350-12
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XL NOTICE
(b) Where a condition mentioned in Section 21 (a) exists, a Fire
Prevention Officer or Fire Chief, appointed by Council, may notify the
owner or occupier of the premises, building or structure and the
notice shall
(1) be in writing,
(ii) be signed by the Fire Prevention Officer or Fire Chief,
(iii) state that the condition referred to in subsection 21 (a) exists,
(iv) state what must be done to correct the condition,
(v) state the date before which the condition must be corrected,
and
(vi) be served either by personal delivery on the person to be
notified or by posting in a conspicuous place on the premises,
building or structure.
(c) Proof of the giving of notice in either manner provided for in
subsection 21 (b) (vi) may be by a certificate or an affidavit
purporting to be signed by the Fire Prevention Officer or Fire Chief or
such other person acting on behalf of the Fire Prevention Officer or
Fire Chief referred to in subsection 21 (b), naming the person to
whom notice was given and specifying the time, place and manner in
which notice was given.
(d) A document purporting to be a certificate or proof of service under
subsection 21 (c) shall be
(1) admissible in evidence without proof of signature, and
(11) conclusive proof that the person named in the certificate
(iii) received notice of the matters referred to in the certificate.
(e) in any prosecution for a violation of this by-law, where proof of the
giving of notice is made as prescribed under subsection 21 (c), the
burden of proving that one is not the person named in the certificate
or affidavit shall be upon the person charged.
(f)
A notice given under subsection 21 (c) and purporting to be signed by
the Fire Prevention Officer or Fire Chief appointed by Council shall be
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(1)
received in evidence by any court in the Province without proof
of the signature,
(ii) proof in the absence of evidence to the contrary of the facts
stated in the notice, and
(iii) on the hearing of any information for a violation of this by-
law, proof in the absence of evidence to the contrary that the
person named in the notice is the owner or occupier of the
premises, building or structure in respect of which the notice
was given.
22. The Fire Prevention Officer or Fire Chief has the authority to complete items
outlined in an order issued by the Fire Prevention Officer or Fire Chief,
provided that the expenditure involved is not more than three hundred
dollars and, with the approval of the Council, any order involving an
expenditure of more than three hundred dollars.
XII. BURNING
23. No person shall burn or cause to burn any material out of doors on public
or private property within the Town limits except as follows and subject to
any provincial laws or regulations to the contrary.
(a) A fire fighter may set an outside fire for the Sussex Fire Department
for educational and training purposes;
(b) A person is permitted to set a fire for the purpose of cooking food on.
a barbeque.
(c) In this section "outdoor wood burning appliance" means a
manufactured non-combustible enclosed container designed to hold a
small fire for decorative purposes and the size of which is not larger
than one (1) meter in any direction, and may include, but not limited
to, chimneys.
A person may set a fire in an outdoor wood burning appliance
provided that:
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(i)
it is located at a distance of not less than three (3) metres
between the appliance and any building, structure, property
line, tree, hedge fence, roadway, overhead wire or other
combustible article;
(11) it is not placed on a wood deck or other combustible platform;
(iii) only one appliance is to be used on the property at any one
time;
(iv) it is used to burn only dry, seasoned firewood;
(v) a portable fire extinguisher or operable garden hose is readily
available while the unit is in use;
(vi) the Owner or occupant maintains constant watch and control
over the appliance when in use and until the fire is totally
extinguished; and
(vii) it does not allow smoke, smell, airborne sparks or embers to
infringe on the use and enjoyment of other properties.
(viii) the burning is consistent with the policies of the Department of
Natural Resources (1-866-458-8080) and the Department of
Environment.
XIII. PETROLEUM PRODUCT STORAGE
24. No person shall store gasoline, oil, liquified petroleum gases or other
petroleum products except in facilities meeting the standards contained in
the latest edition of the National Fire Code of Canada.
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XIV. SELF SERVICE FACILITIES
25. Self service facilities for the dispensing of flammable liquids shall be in
accordance with the requirements of the Fire Prevention Act and Subsection
4.5.8, Part 4, of the National Fire Code of Canada, latest edition.
XV. BUILDING DEMOLITION
26. (a) The Fire Chief or the Town Council may, in order to prevent the
spread of fire, issue an order for the pulling down, demolition or
removal of any building or structure.
(b) When a building or structure is pulled down, demolished, removed or
destroyed under Subsection (a), the municipality shall pay to the
owner of that building or structure reasonable compensation
therefore.
XVI. GENERAL
27. Upon request of the Fire Chief or Deputy Fire Chief, any person present at a
fire shall assist any firefighter in the performance of their duties at the fire
and shall obey all orders and directions given to them by the Fire Chief or
Deputy Fire Chief in connection with the fire.
28. (a) Whenever the Fire Chief, Deputy Fire Chief or other person in charge
of a fire deems it advisable to guard that locality of the fire from the
crowding of persons or vehicles, they may place or cause to be placed
a rope or other barrier across any street or public place to indicate the
area from which persons or vehicles are prohibited.
(b) No person except members of the Fire Department, the Police and the
owner of a property endangered by the fire, shall enter or be within
an area marked off by ropes or barriers under Subsection (a).
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29. No person:
(a) shall drive a vehicle over or across an unprotected hose or other
firefighting equipment unless they is given permission to do so by a
firefighter or peace officer;
(b) shall interfere with or obstruct a Fire Chief or Deputy Fire Chief or
any firefighter in the performance of his duties at a fire; and
(c) shall operate a fire emergency vehicle while under the influence of
intoxicating liquor or drugs.
30. No person shall place merchandise so as to obstruct the entrance into any
premises by firefighter through any window, door, stairway or passageway.
XVII. PENALTY
31. (a) A person who breaches this by-law or who fails to comply with an
order of the Fire Prevention Officer or Fire Chief authorized by this
by-law commits an offence punishable under part 11 of the Provincial
Offences Procedure Act as a category E offence,
(c) Where a person is convicted of an offence under subsection 31 (a),
the court, in addition to any penalty imposed under subsection 31
(a), may order that person to comply with the order.
(d) A person who fails to comply with an order of the court under
subsection 31 (b), commits an offence punishable under Part 1I of the
Provincial Offences Procedure Act as a category F offence.
XVIII. PLURAL OR FEMININE TERMS
32. Plural or feminine terms may apply whenever the singular, masculine
or feminine is used in this By-law. It shall be considered as if the
plural, feminine or masculine has been used where the context of the
party or parties hereto so requires.
By -Law # 350-12
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XIX. VALIDITY
33. The invalidity of any section, clause, sentence or provision of this By -Law
shall not effect the validity of any other part of this By -Law which can be
given effect without such invalid part or parts.
XX. BY-LAW REPEALED
34. The repeal of this By -Law "A By -Law Respecting the Establishment of the
Sussex Fire Department and the Prevention and Extinguishing of Fires" in
the Town of Sussex shall not affect any penalty, forfeiture or liability,
incurred before such repeal or any proceeding for enforcing the same
completed or pending at the time of repeal; nor shall it repeal, defeat,
disturb, invalidate or prejudicially affect any manner or thing whatsoever
completed, existing or pending at the time of repeal.
The by-law entitled "A By -Law Respecting the Establishment of the Sussex
Fire Department and the Prevention and Extinguishing of Fires, By -Law
350-05" enacted on March 21, 2005, and amendments thereto are hereby
repealed.
FIRST READING BY TITLE
SECOND READING BY TITLE
READ IN ENTIRETY
JULY 16, 2012
JULY 16, 2012
AUGUST 20, 2012
THIRD READING BY TITLE AND ENACTED AUGUST 20, 2012
t L
MAYOR