New county fire bylaw upgrades come with costs

By Sharon McLeay Times Contributor

Wheatland County fire bylaw regulations list fines that might be worthwhile to check out, as some infractions could be expensive.
The commandments for fire control and hazardous materials are listed in the bylaw, as well as processes for warnings, enforcement, charges and penalties. Penalties include fines up to $10,000 and/or six months imprisonment.
A fine of $250 and $500 respectively for second and third false alarm calls is an example of a common infraction. A $1,000 fine is charged for obstructing roads and fire hydrants used to fight fire. Lighting a pit or bonfire, or using fireworks without a valid permit costs $500.
The bylaw was upgraded to meet new provincial legislation and clarify all things fire related.
“The health and safety of workers, working to provide fire protection to the ratepayers, will be simplified,” said Judy Unsworth, fire and emergency services manager with Wheatland County. “Providing and managing effective fire protection for the people, property and the environment in Wheatland County that adheres to legislative requirements will occur as a result of this new bylaw. Consistent application of all applicable standards will be met.”
A committee worked for over two years, reviewing and rewriting the fire bylaw that was then passed to the county’s legal counsel.
“Life is changing in the municipal world with regards to fire protection services … but beyond legislative changes, no one at Wheatland County wants to see a firefighter hurt, and there is an overwhelming sense of responsibility to provide the best firefighting service we can,” said lawyer Joanne Klauer who presented the changes to Wheatland County council on April 17.
She said the bylaw addresses grey areas in mutual aid and intermunicipal response to other areas in emergencies. The document also sets out the oversight and authorization within the fire service.
Klauer said Wheatland County council’s role is policy making and not overseeing operational issues.
The county emergency services manager appoints the regional fire chief, who has authority, management and direction of all the fire departments in Wheatland County. The regional fire chief’s responsibilities can be delegated to the deputy regional fire chief and he/she is also specifically charged with all aspects of the fire training programs.
The regional fire chief appoints officers and members to the county fire departments.
“The regional fire chief does not operate in a silo. The regional fire chief is part of a regional team,” said Klauer. “He or she may have overall authority, but it’s not that of a dictatorship. They are to work in coordination with the district fire chiefs and district association fire chiefs.”
The regional fire chief can assume command of fire response scenes, but normally the district fire chief incident commander has authority in the fire response.
Incident commanders may enter or pass over any property involved in the incident. They can order evacuations as necessary and order structures to be pulled down, demolished or removed, including gaining access to adjacent properties to initiate clean up and removal action as per the provincial Safety Codes Act. Assistance calls can be made by district chiefs, based on the closest county fire service first, then calling from First Nations or services with mutual aid agreements and if no other options are available, from individuals, companies or service providers.
Three levels of response are awareness, operation and technican response, with their respective definitions set in the document. Types of response include basic exterior with offense and defense attack and parameters for non-structural fires, grass wildfire, medical response with first aid, basic life support and emergency medical responder service, motor vehicle and rescue response.
Anyone covered under the fire services cannot be held liable for loss or damages due to anything said, done or omitted, while acting under the parameters of the bylaw or legislative authority and performing functions of their duty in good faith.
The various fire associations are given authority to provide protection within their district areas and for assistance calls, as long as they have an active status under the Societies Act. The district association fire chiefs have equal responsibility and authority over their fire services, as any other district fire chief in the county, with similar training required under fire policies and procedures. The fire associations must adhere to the provisions of the bylaw and the service levels and policies.
The county emergency services manager will negotiate fire agreements with the various fire associations, and those contracts allow for county liability protection for those responding to fire calls. Fire protection agreements will be updated with mandatory requirements covered in the new update.
Klauer emphasized how important accurate record keeping is for all departments, and that responsibility lands on all the district fire chiefs’ desks.
Details of funding and reporting requirements by the fire services are also outlined in the bylaw.
Appointment of fire guardians, their responsibilities and authorization, permit, processes, prohibited fires and fire bans are described in the bylaw. The regional fire chief will set fire bans, and any permits granted prior to the ban will be suspended until the ban is lifted. The bylaw prohibits the use and sale of fireworks without a valid permit authorized under the bylaw. All fire chiefs have the authority to determine fire hazards and direct property owners to remedy the problem in a set amount of time. If the directive is not heeded, they may order cleanup procedures with all fees payable by the owner.
Wheatland County council has final approval of the submitted fire department capital and operation budgets.
“The buck really stops with Wheatland County council, literally,” said Klauer. “These are all taxpayer dollars that are being utilized and allocated to fire protection services, and it is a question of how much accountability does Wheatland County council want to have vis-a-vis the fire associations, in respect to the fire protection associations and the amount of money Wheatland County gives to the associations.”
She added that purchases and equipment deals from the past stay intact, and any association could fundraise to purchase and own their own equipment.
Council gave first reading on April 17.