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Report To: General Government Committee
Date of Meeting: March 27, 2017
Report Number: ESD-002-17 Resolution:
File Number: By-law Number:
Report Subject: Emergency and Fire Services - Governing By-Law Update, Automatic
Aid Agreement Update
Recommendations:
1.That Report ESD-002-17 be received;
2.That the updated Emergency and Fire Services Governing By-law (Attachment 1 to
Report ESD-002-17) be forwarded to Council for approval;
3.That the Mayor and Clerk be authorized to execute the Automatic Aid Agreement with
Port Hope, Attachment 2 to Report ESD-002-17; and
4.That By-law 2010-077 and By-law 2001-172 be repealed.
GG-157-17 C-087-17 C-088-17
GG-237-17 C-122-17
2017-033
Municipality of Clarington
Report ESD-002-17 Page 2
Report Overview
To update the Emergency and Fire Services Governing By-law and Automatic Aid
Agreement.
1. Background
In 2010, the Emergency and Fire Services Governing By-law was updated through
Report ESD-008-10 and By-law 2010-077 was passed. In reviewing the current By-law
2010-007 recently, staff believe a further update is required.
As well, in 2001, the Emergency and Fire Services Automatic Aid Agreement – 401 East
with Port Hope, By-law 2001-172 was passed. The Agreement has been reviewed and a
few minor adjustments are required.
2. Proposal
It is proposed that the Emergency and Fire Services Governing By-law (Attachment 1) be
updated as follows:
Additions to Part 1 Definitions:
Clarington Emergency and Fire Services
Hazardous Materials Awareness Level
Hazardous Materials Operations Level
Rope Rescue Level I
Water and Ice Rescue Level II.
Updates to Appendix “A” Core Services, Section 1 Fire Suppression and
Emergency Response:
1.4 of Section 1 has been revised to exclude Confined Space from the list
of highly technical and specialized rescue services
1.6 of Section 1 industry training standards has been revised to NFPA
1001 Standard for Firefighter Professional Standards, and International
Association of Fire Chiefs/National Fire Protection Association
“Fundamentals of Fire Fighter Skills”.
Municipality of Clarington
Report ESD-002-17 Page 3
It is proposed that the Automatic Aid Agreement (Attachment 2) be updated as follows:
4.1 and 4.2 of the Agreement has been revised to identify that in the event of a
fire in the assisting Municipality necessitating their return, the said equipment
shall be returned forthwith, and the Corporation of the assisting Municipality shall
incur no liability whatsoever.
3. Concurrence
This report has been reviewed by the Municipal Solicitor who concurs with the
recommendations.
4. Recommendation
It is respectfully recommended that the proposed updates to the Emergency and Fire
Services Governing By-law outlined in Attachment 1 and the proposed update to the
Emergency and Fire Services Automatic Aid Agreement outlined in Attachment 2 to this
Report be approved.
5. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
Gord Weir, Curry Clifford, MPA, CMO
Director of Emergency and Fire Services Interim CAO
Staff Contact: Gord Weir, Director of Emergency and Fire Services, 905-623-5126 ext. 2802
or gweir@clarington.net
Attachments:
Attachment 1 - Updated Emergency and Fire Services Governing By-law
Attachment 2 – Updated Automatic Aid Agreement
There are no interested parties to be notified of Council's decision.
Attachment 1 to
Municipality of Clarington Report ESD-002-17
- 4 -
The Corporation of the Municipality of Clarington
By-Law 2017-XXX
Being a By-law Governing the Emergency and Fire Services, and the Provision of
Mutual Aid and Automatic Response, and to Repeal By-law 2010-077.
Whereas the Fire Protection and Prevention Act 1997, S.O. 1997, c. 4, as amended,
(FPPA) requires every municipality to establish a program in the municipality which
must include public education with respect to fire safety and certain components of fire
prevention and to provide such other Fire Protection Services as it determines may be
necessary in accordance with its needs and circumstances;
Whereas the FPPA permits a municipality, in discharging these responsibilities, to
establish a Fire Department;
Whereas the FPPA permits a Council of a municipality to establish, maintain and
operate a Fire Department for all or any part of the municipality; and
Whereas the FPPA requires a Fire Department to provide fire suppression services and
permits the Fire Department to provide Prevention and other Fire Prote ction Services in
the municipality.
Whereas the Council of the Municipality of Clarington deems it necessary to update the
provisions in the existing By-law 2010-077;
Now Therefore the Council of the Corporation of the Municipality of Clarington enacts as
follows:
Part 1
Definitions
1.1 In this by-law, unless the context otherwise requires,
“approved” means approved by Council;
“Automatic Aid” means a municipality agrees where possible to the
provision of an initial or supplemental response to fires, rescues, and
emergencies that may occur in a part of another municipality where a fire
department in the municipality is capable of responding more quickly than
any fire department situated in the other municipality with services
invoiced as or if appropriate;
“CAO” means the Chief Administrative Officer appointed by Council to act
as Chief Administrative Officer for the Corporation;
Attachment 1 to
Municipality of Clarington Report ESD-002-17
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“CEFS” means Clarington Emergency and Fire Services;
“Chief” means the person appointed by the Council or designate to act as
Fire Chief for the Corporation and is ultimately responsible to Council as
defined in the FPPA;
“confined space” means a fully or partially enclosed space in accordance
with Health and Safety regulations;
“Corporation” means The Corporation of the Municipality of Clarington;
“Council” means the Council of the Corporation;
“Deputy Fire Chief(s)” means the person(s) with that title who may act on
behalf of the Fire Chief in the case of any absence of the Fire Chief or a
vacancy in the office of the Fire Chief. (If the title changes the
responsibility will reside with the person taking on the duties);
“Division” means a Division of the Fire Department;
“emergency” defined to include an unforeseen event that involves
imminent danger to the life, health and safety of any person and includes
medical assistance or non-fire emergency such as a storm, flood or
another Act of God;
“Emergency Response Plan” means an emergency plan formulated under
the prevailing Emergency Management and Civil Protection Act or any
other related Act which specifies procedures to be taken for the safety or
evacuation of persons in an emergency area, provide for obtaining and
distributing materials, equipment and supplies during an emergency and
provide for such other matters as are considered necessary of advisable
for the implementation of the emergency plan during an emergency;
“Fire Department” means the Municipality of Clarington Emergency & Fire
Services;
“firefighter” means a fire chief and any other person employed in, or
appointed to, a fire department and assigned to undertake fire protection
services, and includes a volunteer firefighter;
“FPPA” means the Fire Protection and Prevention Act, 1997, S.O. 1997, c
4, as may be amended from time to time, or any successor legislation, and
any regulation made thereunder;
“Fire Protection Services” includes fire suppression, fire prevention, fire
safety education, communications, training of persons involved in the
Attachment 1 to
Municipality of Clarington Report ESD-002-17
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provision of Fire Protection Services, rescue and emergency services and
the delivery of all those services;
“Hazardous Materials Awareness Level” means the responder shall be
that person who responds to hazardous material incidents for the purpose
of recognizing the presence of the hazardous material, calling for trained
personnel, and securing the area;
“Hazardous Materials Operations Level” means the responder shall be that
person who responds to hazardous material incidents for the purpose of
protecting nearby persons, the environment, or property from the effects of
the release. Operations level responders use personal protective
equipment, perform product control, and perform victim rescue;
“high angle” means an environment in which the load is predominately
supported by a rope rescue system;
“HUSAR” means Heavy Urban Search and Rescue;
“Member” means any person employed in or appointed to the Fire
Department and assigned to undertake Fire Protection Services;
“Mutual Aid” means where the Council has made an agreement or plan
with another municipality or Region, or at the discretion of the C hief as
provided for herein, for the provision of any personnel, service, equipment
or material during an emergency;
“Rope Rescue Level 1” means the responder shall be that person who
responds to rope rescue incidents and completes an assignment while
being lowered from a rope rescue system in a high-angle environment,
given a rope rescue system, life safety harnesses, so that risks to the
victims and rescuers are minimized;
“tiered response” means the process of dispatching police, fire and
ambulance to what is determined to be a life threatening situation. Tiered
response endeavors to send the closest appropriate emergency response
agency, based on time, to render assistance at the scene of an emergency
incident until the primary response agency can arrive; and
“volunteer firefighter” means a firefighter who provides fire protection
services either voluntarily or for a nominal consideration, honorarium,
training or activity allowance.
Attachment 1 to
Municipality of Clarington Report ESD-002-17
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“Water and Ice Rescue Level II” means the responder shall be that person
who responds to situations with water rescue personal protective
equipment, vessels, swim/rescue aids as required, so that the specified
objective is reached, all performance parameters are achieved, movement
is controlled, hazards are assessed, distress signals are communicated,
and rapid intervention for the rescuer has been staged for deployment.
Part 2
Establishment
2.1 The Fire Department was established by By-law #84-68 and 94-172 which was
repealed in By-law # 2007-134 for the purpose of updating references to reflect
current terminology and practice. Despite repeal of past By-laws, the Fire
Department will continue with services and organization as has been and as
may be amended and approved by Council from time to time.
2.2 The Fire Department is continued under this By-law to provide Fire Protection
Services and any other service as approved by Council for the Corporation and
shall be known as the Clarington Emergency & Fire Services. (Department
name may be amended by Council from time to time).
Part 3
Core Services
3.1 For the purposes of this By-law core services provided by the Fire Department
will be as per Appendix “A” forming part of this By-law.
3.2 Nothing in this By-law will restrict the Fire Department to providing only core
services or limit the provisions of Fire Protection services, as set out/covered
under appointing by-law, as approved by Council.
Part 4
Property/Apparatus Use
4.1 No person shall supply any apparatus, equipment, or other property of the Fire
Department for any personal or private use.
4.2 No person shall willfully damage or render ineffective or inoperative any
apparatus, equipment or other property belonging to or used by the Fire
Department.
Attachment 1 to
Municipality of Clarington Report ESD-002-17
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Part 5
Fire Suppression
5.1 The Fire Department may suppress any fire or suspected other hazardous
condition by extinguishing it or by other reasonable action and, for this purpose,
may enter private property, if necessary or deemed necessary to do so.
5.2 The Fire Department may pull down or demolish any building or structure, with
the assistance of the municipal or other equipment and services available; when
considered necessary to prevent the spread of fire, or other hazardous
situation.
Part 5
Mutual and Automatic Aid Response Outside the Limits of the Municipality
(Automatic and Mutual Aid Agreements)
A) Aid to the Municipality of Clarington (requested by the Municipality)
6.1 The Fire Department may request other municipalities to provide mutual aid and
other qualified persons to assist in,
extinguishing fires;
pulling down or demolishing any structure;
crowd and traffic control;
suppression of fires or other hazardous conditions in other reasonable
ways; or
determining the origin, cause or circumstances of any fire or explosion, if it
is deemed necessary to retain a private contractor, rent/lease heavy
equipment or specialized equipment, specialized services, and associated
persons then those costs may be billed to the property owner and
collected by the Municipality by means as determined in this by-law.
B) By the Municipality of Clarington to others (response outside the limits)
6.2 The Fire Department shall respond where possible, to a call with respect to a
fire or emergency outside the territorial limits of the Corporation with respect to
a fire or emergency including non-fire emergencies under the following
conditions:
In the opinion of the Fire Chief or designate of the Fire Department,
conditions threaten property outside the territorial limits of the Corporation
that is owned or occupied by the Corporation;
Attachment 1 to
Municipality of Clarington Report ESD-002-17
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In a municipality with which an approved automatic aid or mutual aid
agreement has been entered into to provide Fire Protection Service or
other emergency assistance, including Oshawa and Port Hope prevailing
By-laws as established;
At the discretion of the Fire Chief, to a municipality participating in any
regional or Municipal mutual aid plan established by a Fire Co-ordinator
appointed by the Fire Marshal or any similar reciprocal plan or program, or
as determined necessary by the Fire Chief;
As directed by the Province under Emergency Management Act and Civil
Protection Act or any other prevailing government directive, or legislation
as determined appropriate by the Fire Chief;
Coverage/ability when asked to respond and when requesting response
from Municipalities with no formal program or plan is at the discretion of
the Fire Chief, or designate;
The Fire Department is not required to respond to requests by private
companies; non government; or incorrect assigned calls;
On property beyond the territorial limits of the Corporation where the Fire
Chief or designate determines immediate action is necessary to preserve
life or property and the appropriate fire department is notified to respond
and assume command or establish alternative measures, acceptable to
the Fire Chief or designate, provided it does not compromise our own
Municipal level of service or commitments with the right to withdraw at any
time to service home Municipality’s needs; and
Any other existing response agreements will continue to operate on
Automatic and Mutual Aid response. Agreements may be amended and
approved by Council from time to time.
Part 6
Mutual Aid or Automatic Aid or Other Related Expenses
7.1 If as a result of Fire and Emergency Services (i) response to an emergency
including a motor vehicle incident, (ii) under a Mutual or Automatic Aid
agreement or (iii) carrying out any of its duties or functions the Fire Chief or
Deputy Fire Chief determines that it is necessary to incur additional expenses,
retain a private contractor, rent special equipment not normally carried on a fire
apparatus or use more materials than are carried on a fire apparatus in order to
suppress or extinguish a fire, preserve property, prevent a fire from spreading,
control and eliminate an emergency, carry out or prevent damage to equipment
owned by the Corporation or otherwise carry out the duties and functions of Fire
Attachment 1 to
Municipality of Clarington Report ESD-002-17
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and Emergency Services, the owner of the property requiring or causing the
need for any additional service shall be charged, if appropriate, the costs to
provide the additional service including all applicable taxes. Property shall
mean personal and real property.
7.2 Cost recovery under Automatic and Mutual Aid response agreement will be as
per the Province’s direction unless otherwise specified. To the extent
reasonably possible materials/supplies will be replaced or cost recovered
excluding cost of manpower and excluding something out of the ordinary un less
determined appropriate to recover. The cost recovery provision should be
incorporated into Automatic and Mutual Aid agreements, where possible.
Part 7
Interference
8.1 No person shall impede or interfere with or hinder the Fire Department in the
performance of its duties.
8.2 No person present at a fire shall refuse to leave the immediate vicinity when
required to do so by the Fire Department.
8.3 During a fire and for the time after it has been extinguished that is required to
remove the apparatus and equipment of the Fire Department and render the
location and vicinity safe from fire, no person, either on foot or with a vehicle of
any kind, shall enter or remain upon or within;
the portion of any street or lane upon which the site of the fire abuts or
upon any street or lane for a distance of fifteen (15) metres on each side of
the property damaged by fire; or
any additional street or lane or part of a street or lane or any additional
limits in the vicinity of the fire as may be prescribed by the Fire Chief or the
next ranking officer present at the fire.
8.4 The provisions of section 8.3 shall not apply to a resident of any street or lane
or within any prescribed additional limit or any person so authorized to enter or
remain by an officer of the Fire Department or by a police officer.
8.5 No person shall prevent, obstruct or interfere in any manner whatsoever with
the communication of a fire alarm to the Fire Department or with the Fire
Department responding to a fire alarm that has been activated.
Attachment 1 to
Municipality of Clarington Report ESD-002-17
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Part 8
Offences
9.1 Every person who contravenes any provisions of this By-law is guilty of an
offence and on conviction is liable to the penalty established by the Provincial
Offences Act, or any other prevailing by-law or legislation, as may be amended
or replaced from time to time, inclusive of costs.
Part 8
Conflict
10.1 Where this By-law may conflict with any other By-law of the Corporation, this
By-law shall supersede and prevail over that By-law to the extent of the conflict.
Part 9
Severability
11.1 If any section or part of this By-law is found to be illegal or beyond the power of
the Corporation, such section or part of item shall be deemed to be severable
and all other sections or parts of this By-law shall be deemed to be separate
and independent therefrom and to be enacted as such.
Part 10
Enforcement and Enactment
Effective Date of By-law
12.1 This By-law comes into effect the day it is passed by Council.
Repeal of Existing By-law
12.2 By-law 2010-077 and 2001-172 is hereby repealed.
Passed this day of , 2017
__________________________
Adrian Foster, Mayor
__________________________
Anne Greentree, Municipal Clerk
Attachment 1 to
Municipality of Clarington Report ESD-002-17
12
Appendix "A"
Core Services
1. Fire Suppression And Emergency Response
1.1 Fire suppression services shall be delivered in both an offensive and defensive
mode and shall include search and rescue operations, forcible entry, ventilation,
protecting exposures, salvage and overhaul as appropriate.
1.2 Emergency pre-hospital care responses and medical acts such as defibrillation,
standard first aid, CPR, EPIPEN Assistance and the Emergency Medical
Responder Program shall be maintained to Base Hospital protocols as agreed.
1.3 Special rescue services shall include performing extrication using hand tools, air
bags and heavy hydraulic tools as required. Full time firefighters will be trained
in level 1 Basic Rope Rescue Techniques as determined by the Fire Chief.
Water/ice rescue services shall be provided by those firefighters who are
competently trained to perform the requested level of service as determined by
the Fire Chief (up to level II if so trained).
1.4 Highly technical and specialized rescue services such as Trench Rescue,
HUSAR and Structural Collapse shall not be provided by Clarington Emergency
& Fire Services. Awareness training in these areas may be provided where
possible.
1.5 Defensive hazardous material emergency response shall be conducted to the
operations level by the fulltime firefighters and awareness level by the volunteer
firefighters. In addition to operations level response, the capability for rescue
and emergency decontamination shall be maintained where resources permit.
1.6 The NFPA 1001 Standard for Firefighter Professional Standards, International
Association of Fire Chiefs/National Fire Protection Association “Fundamentals
of Fire Fighter Skills” and other related industry training standards and reference
materials may be used as reference guides for CEFS training as approved by
the Fire Chief. All training will comply with the Occupational Health and Safety
Act and any other applicable provincial legislation.
1.7 Confined Space services shall be provided by those firefighters who are
competently trained to perform the requested level of service as determined by
the Fire Chief (up to Operational Level if so trained).
Attachment 1 to
Municipality of Clarington Report ESD-002-17
13
2. Fire Prevention
2.1 Inspections arising from complaint, request, retrofit, or self initiated and fire
investigations shall be provided in accordance with the FPPA and policies of the
fire prevention division.
2.2 New construction inspections and plan reviews of buildings under construction in
matters respective of fire protection systems within buildings shall be conducted
in accordance with the applicable By-law and operating procedures.
2.3 The N.F.P.A. Standard for Fire Prevention Officers shall be used as a reference
guide for fire prevention training.
3. Fire Safety Education
3.1 Distribution of fire and life safety information and public education programs shall
be administered in accordance with the FPPA and policies of the departments
Fire Prevention & Public Safety Division.
3.2 A residential Smoke Alarm awareness program shall be ongoing.
3.3 The department shall maintain at least one public fire and life safety educator
certified to the Ontario Fire Service Standard.
4. Emergency Dispatching and Communications
4.1 The N.F.P.A. Public Safety Telecommunications Standard shall be used as a
reference guide for emergency dispatching and communications and shall
provide the following minimum services;
4.2 Provide emergency call taking and dispatching of emergency vehicles.
4.3 May provide after hour’s emergency and non-emergency call taking for
Operations, By-law Services, and other agencies as required.
Attachment 2 to
Municipality of Clarington Report ESD-002-17
14
This Agreement made this day of
Between:
The Corporation of the Municipality of Port Hope
(hereinafter called the “Corporation”)
Of The First Part
-and-
The Corporation of the Municipality of Clarington
(hereinafter called the “Corporation”)
Of The Second Part
Whereas the Corporation of the First Part is the owner of certain firefighting equipment and
maintains a fire department;
And Whereas the Corporation of the First Part and Second Part wish to provide assistance in
the matter of fire protection in the Corporation of the other Part;
Now This Agreement witnesseth that in consideration of the mutual covenants and conditions
herein contained the Corporations hereto have agreed as follows: provided, however, that it is
expressly understood and agreed as a condition precedent to this Agreement, that the
Corporation of the First Part and Second Part shall be under no legal liability to the other
Corporation or any Third Party for failure of its equipment or failure to respond to, or arrive at
the scene of a fire within the other municipality, and that the Corporation of the First Part and
Second Part shall save the Corporation of the other Part harmless from all claims, losses,
clean-up liability and damages arising therefrom;
Now Therefore the Corporation of the First Part and the Corporation of the Second Part hereby
agree as follows:
1. The Corporation of the First Part and the Corporation of the Second Part agrees to provide
fire protection services which shall be deemed to include:
1.1 Firefighting;
1.2 Hazardous material incidents (awareness level only);
1.3 Search and rescue;
1.4 First Aid and Ambulance Assistance.
Attachment 2 to
Municipality of Clarington Report ESD-002-17
15
2. The Corporation of the First part and the Corporation of the Second Part agree as follows:
2.1 The Corporation of the First Part agrees to provide a triple combination fire truck
(pumper) with at least 500 gallons of water and one blocker (if required), and one
rescue van equipped with the equipment to perform normal extrication calls and First
Aid equipment to perform normal first aid in emergencies. The Corporation of the First
Part shall provide this service to the west bound lane of the Queen’s Highway 401
from the County Road 28 interchange, exit 464 westerly to Newtonville Road, exit 448.
The Corporation of the First Part agrees also to respond to any occurrences that
should take place on the return trip back to their own municipality. The Corporation of
the First Part agrees to perform these services for the remuneration received from the
Province of Ontario for responses on Provincial Highways.
2.2 The Corporation of the Second Part agrees to provide a triple combination fire truck
(pumper) with at least 500 gallons of water and one blocker (if required), and one
rescue van equipped with the equipment to perform normal extrication calls and First
Aid equipment to perform normal first aid in emergencies. The Corporation of the
Second Part shall provide this service to the east bound lane of the Queen’s Highway
401 from Newtonville Road, exit 448 easterly to the Wesleyville Road interchange, exit
456. The Corporation of the Second Part agrees also to respond to any occurrences
that should take place on the return trip back to their own municipality. The
Corporation of the Second Part agrees to perform these services for the remuneration
received from the Province of Ontario for responses on Provincial Highways.
3. The Corporation of the First Part and Second Part agrees to provide a minimum of seven
men with the aforesaid firefighting equipment.
4. The Corporation of the First part and the Corporation of the Second Part agree as follows:
4.1 The Corporation of the Second Part agrees that in the event of a fire in the
Municipality of Port Hope necessitating the return of the firefighting to Port Hope, that
he said equipment shall be returned forthwith, and the Corporation of the Second
Part shall incur no liability whatsoever.
4.2 The Corporation of the First Part agrees that in the event of a fire in the Municipality
of Clarington necessitating the return of the firefighting to Clarington, that he said
equipment shall be returned forthwith, and the Corporation of the First Part shall incur
no liability whatsoever.
Attachment 2 to
Municipality of Clarington Report ESD-002-17
16
5. All members of either Fire Department, while answering, attending or returning from any
incident in either municipality shall be under the sole supervision, direction and contr ol of
the Senior Officer of their respective fire department present at such incident.
6. The term of this Agreement shall remain in force and effect from the 10th day of April and
from year to year thereafter until replaced by a new Agreement. It is understood and
agreed that either Party can request termination of this Agreement at any time by giving six
months’ notice in writing to the other Party.
In Witness Whereof the Corporation Seals of the parties are hereto affixed under the hands of
their proper officers.
Signed Sealed and Delivered The Corporation of the
In The Presence Of: Municipality of Port Hope
________________________________
Mayor
________________________________
Clerk
The Corporation of the
Municipality of Clarington
________________________________
Mayor
________________________________
Clerk