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Home > By-Laws > 3427-2019 Establish & Regulate Fees for the Fire Department

3427-2019 Establish & Regulate Fees for the Fire Department

3427-2019 Establish & Regulate Fees for the Fire Department

BEING A BY-LAW TO ESTABLISH AND REGULATE FEES FOR THE FIRE DEPARTMENT

Passed by Council July 15, 2019


 

THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3427-2019
A BY-LAW TO ESTABLISH AND REGULATE FEES FOR THE FIRE
DEPARTMENT

WHEREAS Section 2 of the Fire Protection and Prevention Act authorizes a
municipality to establish a fire department to provide firefighting and fire
protection services and for participating in an emergency fire services program;

AND WHEREAS The Corporation of the Township of Augusta has established a
Fire Department being Augusta Fire Rescue to deliver firefighting and related
emergency services;

AND WHEREAS Sections 8, 9, 10 and 11 of the Municipal Act authorize a
municipality to pass By-Laws necessary or desirable for municipal purposes and
in particular paragraph 3 of subsection 11 (2) authorizes By-Laws respecting the
financial management of the municipality;

AND WHEREAS Subsection 391 ( 1) of the Municipal Act provides that sections
9,1 0, and 11 of that Act authorize a municipality to impose fees or charges on
any class of person for service or activities provided or done by or on behalf of
the municipality and for the use or the municipality’s property, including property
under its control;

AND WHEREAS Subsection 391(2) of the Municipal Act provides that a fee or
charge imposed for capital costs related to services or activities may be imposed
on persons not receiving an immediate benefit from the services or activities but
who will receive a benefit at some later point in tim~;

AND WHEREAS Subsection 391(3) of the Municipal Act provides that the costs
included in a fee or charge may include costs incurred by the municipality or local
board related to administration, enforcement and the establishment, acquisition
and replacement of capital assets;

AND WHEREAS Subsection 391(4) of the Municipal Act provides that a fee or
charge may be imposed whether or not it is mandatory for the municipality or local
board imposing the fee or charge to provide or do the service or activity, pay the
costs or allow the use of its property;

AND WHEREAS Subsection 391 (5) of the Municipal Act provides that, in the event
of a conflict between a fee or charge By-Law and the Municipal Act or any other
act or regulation made under any other act, the By-Law prevails;

AND WHEREAS the Council of the Corporation of the Township of Augusta
deems it desirable, necessary and expedient to amend, consolidate, revise and
update its By-Law to establish and regulate fees for the fire department for the
Township of Augusta;

NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF AUGUSTA HEREBY ENACTS AS FOLLOWS:

1. DEFINITIONS
1.1. In this By-Law, unless the context otherwise requires:

1.1.1. “Corporation” means The Corporation of the Township of Augusta.

1.1.2. “Council” means the Council of the Township of Augusta.

1.1.3. “Emergency System” includes a sprinkler system, standpipe system, fire
extinguishing system, smoke control system, emergency power system, fire
pump system, voice communication system or any other device monitored
through a fire alarm system.

1.1.4. “Fire Chief means the person appointed by Council to act as Fire Chief for the
Corporation and who is ultimately responsible to Council for the delivery of
fire protection services as set out in the Fire Protection and Prevention Act.

1.1.5. “Fire Code” means Ontario Regulation 213/07, as amended, and any successor
regulation.

1.1.6. “Fire Protection and Prevention Act” means the Fire Protection and Prevention
Act, 1997, S.O. 1997, c.4, as amended, and any successor legislation.

1.1.7. “Fire Protection Services” includes fire suppression, rescue and emergency
services, fire prevention, public fire safety education, mitigation, prevention
and safety education of the risk created by unsafe levels of carbon monoxide,
communications, training of personnel involved in the provision of Fire
Protection Services, and the delivery of all those services.

1.1.8. “Member” means any person employed by, appointed to, or volunteering for
the Fire Department and assigned to undertake Fire Protection Services, and
includes Officers, Full-time, Part-time, Paid-on-call firefighters or Volunteer
firefighters, Auxiliary Members, and administrative staff and excludes the Fire
Chief.

1.1.9. “Motor Vehicle” has the same meaning as prescribed in the Highway Traffic Act,
R.S.O. 1990 c.H.B, as amended.

1.1.10. “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c.25, as amended,
and any successor legislation.

1.1.11. “Non-resident” means a person who is neither a property owner not a tenant of
property within the Township of Augusta.

1.1.12. “Nuisance false alarm” means the activation of a fire alarm system or
emergency system through a mechanical failure, equipment malfunction,
improper installation of the system or failure to maintain the system as
prescribed by the Fire Code but does not include the activation of a fire alarm
system where the activation occurred as a result of accidental damage to the
system.

1.1.13. “Person” includes an individual, property owner, sole proprietorship,
partnership, corporation, municipal corporation, unincorporated association or
organization, trust, and a natural person in his or her capacity as trustee,
executor, administrator, or other legal representative;

1.1.14. “Property” means any public or private real property within the Township of
Augusta, including buildings, structures, erections, and motor vehicle of any
nature and kind in or upon such lands, but excludes real property owned by the
Federal or Provincial Crown; and

1.1.15. “Property Owner” means the registered owner of property or any person, firm
or cooperation having control over or possession of the property or any portion
thereof, including a property manager, mortgagee in possession, receiver and
manager, trustee and trustee in bankruptcy.

2. FIRE ALARMS

2.1. If Augusta Fire Rescue responds to a property in response to a fire alarm
activation and upon conducting an investigation members determine that the
alarm is a nuisance false alarm, or if a property owner fails to notify Augusta Fire
Rescue in advance of any work being conducted on a fire alarm system or
emergency system at a property, and as a result of the work being done on the
fire alarm system or emergency system a false alarm is triggered, the property
owner shall be charged the fee as stipulated in Schedule “A” as attached to this
By-Law.

3. MOTOR VEHICLE INCIDENT

3.1. If Augusta Fire Rescue responds to the scene of a motor vehicle accident on
any property within the Township and provides any Fire Protection Service, and
if the owner of the motor vehicle is a non-resident and/or non-land owner the
Corporation shall charge the fee stipulated in Schedule “A” attached to this ByLaw
to the motor vehicles owners insurance company, in order to recover full
payment of the stipulated fee.

3.2. If Augusta Fire Rescue responds to the scene of a motor vehicle fire on any
property within the Township of Augusta and provides any Fire Protection
Service, and if the owner of the motor vehicle is a non-resident and/or non-land
owner, the Corporation shall charge the fee stipulated in Schedule “A” attached
to this By-Law to the motor vehicles owners insurance company, in order to
recover full payment of the stipulated fee.

3.3. If Augusta Fire Rescue responds to the scene of a motor vehicle accident, fire or
other emergency caused by the travelling public on Highway 401 and provides
any Fire Protection Service, the Corporation shall charge the fee stipulated in
Schedule “A” attached to this By-Law to the Ontario Ministry of Transportation, in
order to recover full payment of the stipulated fee.

4. NATURTAL GAS INCIDENT RESPONSE

4.1. If Augusta Fire Rescue responds to a property in response to a natural gas leak
due to the property owner, property owners contractor or a person known by the
property owner to be performing work for the property owner and not calling the
Gas Utility for a gas lone locate, the property owner shall be charged the fee as
stipulated in Schedule “A” attached to this By-Law.

5. OUTDOOR OPEN BURNING

5.1 . If Augusta Fire Rescue responds to the scene of any outdoor open burn, brush
grass or wildland fire on any property with the Township of Augusta and provides
any Fire Protection Service, the Corporation shall charge the fee stipulated in
Schedule “A” attached to this By-Law to the owner of the property where it is
determined the open burn originated, in order to recover full payment of the
stipulated fee regardless of the status of the Open Burning Permit for the
property.

6. FIRE WATCH

6.1. If Augusta Fire Rescue is required to perform a Fire Watch due to fire safety
systems or equipment not being operational, the building is occupied and unable
to be evacuated, and the property owner is unable to repair the un-operational
fire safety systems or equipment, the property owner shall be charged the fee as
stipulated in Schedule “A” attached to this By-Law.

7. EXTRAORDINARY EXPENSES

7.1. If Augusta Fire Rescue responds to a fire or other emergency and a member
determines, that it is necessary to retain a private contractor, rent/contract
special equipment or use consumable materials other than water, and medical
supplies, in order to suppress or extinguish a fire, preserve property, prevent a
fire from spreading, investigate or otherwise control and eliminate an emergency,
the property owner shall be charged the expenses fee as stipulated in Schedule
“A” attached to this By-Law incurred by Augusta Fire Rescue for retaining a
private contractor, renting special equipment and/or using consumable materials,
as applicable.

7.2. If Augusta Fire Rescue responds to a request for Fire Protection Services at a
property that is being used for the illegal manufacture, cultivation, trade or
distribution of a controlled substance, the property owner shall be charged the
fee as stipulated in Schedule “A” attached to this By-Law.

7.3. If Augusta Fire Rescue responds to a fire or other emergency and incurs
damage or contamination to any equipment or Personal Protective Equipment
that require cleaning, decontamination, and/or replacement thereof, as a result of
providing Fire Protection Services, the property owner shall be charged the
expenses fee as stipulated in Schedule “A” attached to this By-Law incurred by
Augusta Fire Rescue for cleaning, decontamination and/or replacement of
equipment as applicable and shall be recovered as a fee under this By-Law.

7.4. If Augusta Fire Rescue is required to perform security at a scene where Fire
Protection Services were performed by Augusta Fire Rescue and must be
secured for investigative or safety concerns, the property owner shall be charged
the fee as stipulated in Schedule “A” attached to this By-Law.

7.5. If Augusta Fire Rescue responds to a fire or other emergency and a member
determines, that it is necessary to retain specialized services offered by private
contractors or other emergency services in order to provide a Fire Protection
Service not offered by Augusta Fire Rescue, the property owner shall be
charged the expenses fee as stipulated in Schedule “A” attached to this By-Law
incurred by Augusta Fire Rescue for retaining a private contractor, renting
special equipment and/or using consumable materials, as applicable.

8. FIRE INSPECTIONS

8.1 . For the provision of the following requested fire related inspection services, the
requester shall be charged the fee as stipulated in Schedule “B” attached to the
By-Law.

8.1.1. Commercial (Group A, D, & E Occupancy)
8.1 .2. Industrial (Group F Occupancy)
8.1.3. Residential (Group C)

9. PERMITS AND INSPECTIONS

9.1. For the provision of the following requests the requester shall be charged the fee
as stipulated in Schedule “B” attached to this By-Law.

9.1.1 . Propane Facility License applications

9.1.2. Liquor Licensing applications

9.1.3. Special Occasion Permit applications

10. EVENT STANDBYS

10.1 . For a non-legislated standby for the Fire Protection Services, the Corporation
shall charge the fee stipulated in Schedule “B” attached to this By-Law to the
owner, in order to recover full payment of the stipulated fee.

11.NON-LEGISLATIVE FIRE SAFETY PLAN REVIEW

11.1. For any non-legislative fire safety plan reviews the requester shall be charged
the fee as stipulated in Schedule “B” attached to this By-Law.

12.FIRE REPORTS AND FILE SEARCHES

12.1. For the provisions of the following requests the requester shall be charged the
fee as stipulated in Schedule “B” attached to this By-Law:

12.1 .1. Fire related agreements

12.1 .2. Fire reports and searches

12.1 .3. Fire Code compliance letters and searches

12.1.4. Response affidavits and searches

13.ADMINISTRATION AND ENFORCEMENT

13.1. The Corporation shall deliver an invoice to each person upon whom a fee is
imposed under Schedule “A” or “B” of this By-Law.

13.2. The fees listed in Schedule “A” and “B” to this By-Law will be subject to the
Harmonized Sales Tax (“HST”) where applicable.

13.3. No discounts apply for early payment of any fee set out in Schedule “A” or “B”
to this By-Law.

13.4. The Corporation may deliver an invoice either personally, or by registered mail,
or by ordinary mail to a person’s home address or, in the case of a property
owner, to the property owner’s address as recorded on the Corporation’s
assessment roll. Receipt of an invoice shall be deemed to have occurred:

13.4.1. On the date of delivery in the case of personal delivery

13.4.2. Three days after mailing by registered mail if delivered to an address within
the Township of Augusta

13.4.3. Five days after mailing by registered mail if delivered to an address outside of
the Township of Augusta

13.4.4. Five days after mailing by ordinary mail if delivered to an address within the
Township of Augusta,

13.4.5. Seven days after mailing by ordinary mail if delivered to an address outside of
the Township of Augusta.

13.5. A fee imposed upon a person under this By-Law, including any interest
changes and costs of collection, constitutes a debt of the person to the
Corporation.

13.6. For fees imposed pursuant to Sections 3, consideration will be given to waiving
or reducing fees where the property owner has demonstrated that significant
measures have been undertaken to refurbish the fire protection system to
prevent future occurrences. This will be subject to the approval of the
Corporation’s Fire Chief or designate.

13.7. Payment of all fees is due at the time the expense is incurred for those
identified in Schedule “8”, or within thirty (30) days or receipt of an invoice issued
by the Corporation with respect to fees identified in schedule “A” unless
otherwise stated and my be made by lnterac Debit banking card, cash or certified
cheque, where available.

13.8. If a person who is charged a fee under Schedule “A” or “B” of this By-Law fails
to pay the fee within thirty (30) days of receipt of invoice, the person shall be
charged interest commencing on the thirty first day that the fee remains unpaid
at the rate as stipulated in Schedule “A” attached to this By-Law, unless
precluded by By-Law or legislation.

13.9. If a property owner who is charged a fee under Schedule “A” or “B” of this ByLaw
fails to pay the fee within ninety (90) days of receipt of an invoice, the
Corporation may add the fee, including interest. to the tax roll for any real
property in the Town ship of Augusta registered in the name of the owner and
collect the fee. including interest, in like manner as municipal taxes.

14.GENERAL

14.1. Schedules “A” and “B” shall for and be an integral part of this By-Law.

14.2. Should any part of this By-Law, including any part of Schedule “A” or Schedule
“B”, be determined by a Court of competent jurisdiction to be invalid or of no
force and effect, it is the stated intention of Council that such invalid part of the
By-Law shall be severable and that the remainder of this By-Law. including the
remainder of Schedules “A” and “B”, as applicable shall continue to operate and
to be in force and effect.

14.3. Words importing the singular number shall include the plural, and words
importing masculine gender shall include the feminine, and the converse of the
foregoing also applies, unless the context of the By-Law otherwise requires.

14.4. Any decision or determination required to be made by the Corporation or any
official of the Corporation under this By-Law shall be made in the sole and
absolute discretion of the Corporation or the Corporation official.

14.5. Council hereby establishes the fees and charges as set out in Schedules “A”
and “B” to this By-Law.

14.6. This By-Law shall be known as the “Augusta Fire Rescue Fees and Charges
By-Law”

14.7. By-Law 3118-2014 is hereby repealed.

15. FORCE AND EFFECT

15.1. This By-Law shall come into force and effect on the day on which it is passed.

READ a first time this 15 day of July 2019

READ a second time this 15 day of July 201 9

READ a third time and passed th1s 15 day of July 2019

Signed by Mayor Doug Malanka and Clerk Annette Simonian

 

SCHEDULE A
BY-LAW 3427-2019
EMERGENCY RESPONSE FEES

Schedule A of by-law 3427-2019. A chart showing the emergency response fees. Page 01

Schedule B of by-law 3427-2019. A chart showing the fire inspections and permits fees