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APPENDIX 1

Fire Department Bylaws and Orders

The fire bylaw is an enabling piece of legislation which gives the local government elected body (Council or Board) the authority to create a fire department, and gives the authority for the fire department to function under.

One area covered under this bylaw is the authority to enter a premises; there are a number of fire departments in Alberta that do not have this identified in their bylaws and if a legal entanglement were to evolve out of a fire incident the fire department could theoretically be charged with trespass, and possible subrogation by an insurance company for damage.

The bylaw gives the authority for the Fire Chief to set out the rules, regulations and orders for the organization, administration and operation of the fire department.  These are normally referred to as Fire Department Standing Orders.

Although all the functions outlines are necessary for the efficient operation of a large fire department, the same number of divisions may not be required to carry out the efficient operation of smaller of volunteer fire department.

Some of the functions, therefore, may be deleted or consolidated according to the requirements of the particular local government body.

The bylaw has been designed essentially for enactment by incorporated local government bodies.  With the agreement of their legal advisor, it may be equally applied to any areas or fire districts as defined by the appropriate bylaws or legislation.

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