Title
Fire Permit Bylaw No. 22-2012
Proposed Motions
That Administration be directed to bring forward a Bylaw authorizing the prevention and control of fires and a second Bylaw to authorize and control the use of fireworks in Parkland County.
Body
Administration Recommendation(s)
Administration supports the development of two separate Bylaws to separately address fire activity and the use of fireworks. This distinction will provide greater clarity for residents and businesses in Parkland County and allow Parkland County to effectively enforce conditions.
Fire Permit Bylaw Amendments will address numerous concerns and questions with the current Fire Permit Bylaw, such as:
• Definition regarding fire pit size and direction on oversize fire pits,
• Direction for burning on Municipal Reserves, Environmental Reserves, at Community Halls and at private campgrounds
• Pressurized fuel appliances, and
• Nuisance smoke in subdivisions
The Fireworks Bylaw will address specific requirements for how Parkland County will issue high-hazard fireworks display and low-hazard following the regulations outlined in the Alberta Fire Code.
Purpose
This item is being presented for Council direction regarding the use of fireworks in Parkland County and potential amendments to Fire Permit Bylaw No. 22-2012.
Summary
At the October 20, 2015, Committee of the Whole meeting, Community Services provided information regarding Fire permit Bylaw No. 22-2012. Bylaw No. 22-2012 was amended for technical purposes from Bylaw No. 06-2011. Inadvertently there were other changes to Bylaw No. 22-2012 which changed Council's original intent. This information was brought to Committee of the Whole as there were a number of additional issues brought forward to Councilors over the restrictions on the sale and use of low hazard fireworks in Parkland County. During this meeting, concerns regarding the Fire Permit Bylaw were raised, including fire pit size, oversize fire pits and smoke irritants on adjacent properties.
The use and sale of low-hazard fire works are regulated by the Alberta Fire Code. The regulations set out a number of restrictions, as outlined in the attachment provided.Within these restrictions are the conditions for the sale and use of low-hazard fire works including the requirement of a permit ("written permission from the municipal fire department") prior to the purchase of fire works. The current Bylaw meets the requirements of the Alberta Fire Code and places further restrictions on the use of low-hazard fireworks by restricting the use of low hazard fireworks with the exception of certain days. It is important to note that regulating the sale and use of fireworks through the enforcement of the Alberta Fire Code would mean that there would be no fines associated with non compliance. Non compliance would result in Parkland County issuing an "Order" under the Alberta Fire Code.
One of the issues discussed at Committee of the Whole meeting was the ability for business owners to issue permits for fireworks at the time of sale. The Alberta Fire Code states that written permission must be issued by the municipal fire department for the discharge of fireworks. Currently permits are issued by Fire Guardians as designated by Council under the Forest and Prairie Protection act. Should Council want to allow businesses to issues permits for fireworks at the time of sale, the fire department would have to delegate this responsibility to the business through Bylaw. Council also discussed the desire to remove the current restrictions on the use of fireworks in Parkland County. Removing these restrictions is possible through the use of a Bylaw which follows the Alberta Fire Code but still allows for local bylaw enforcement and not the use of an an "Order".
Administration has three options for Councils consideration as follows:
1. Rewrite the Fire Permit Bylaw to match Council’s intent of the 2011 amendments
2. Eliminate fireworks from the Fire Permit Bylaw and only enforce Provincial legislation, or
3. Create two separate Bylaws, one for fireworks and one for fire regulations.
Option 1 is a rewrite of the original 2011 Bylaw. This would continue the current practice of restricting the use of low hazard fireworks to specific days in Parkland County. In this option businesses within Parkland County would continue to have restrictions on when fireworks could be sold.
Option 2 is the elimination of fireworks from the Fire Permit Bylaw in its entirety. The sale and use of fireworks would be regulated through the enforcement of the Fire Code, without having a Bylaw specific to fireworks.
Option 3 would create two (2) separate Bylaws. One Bylaw would regulate fires and fire permits and the other Bylaw would regulate the use and sale of fireworks, including permitting and discharge conditions.
Financial Impact:
Cost: 0
Source of Funding: n/a