Terms and conditions
Obligations and duties of the County
The County agrees to consider the Applicant's Application which, without limiting the generality of the foregoing, shall include the performance of any inspections or investigations which the Emergency Services Department, in its sole and absolute discretion, deems necessary to be undertaken.
The County may in its sole and absolute discretion issue a Fire Permit to the Applicant, which Fire Permit may be issued under such terms and conditions as the County deems appropriate.
Obligations and duties of the applicant
The Applicant warrants that he/she/it is the owner or occupant, or has obtained the written permission of the owner or occupant of the property described in the Application.
Please note: If you do not own or occupy the property, you must apply apply in person for a Fire Permit, and bring written permission from the owner or the owner's authorized agent.
When the Fire Permit has been approved, the applicant is responsible to print a copy of the permit and have it available if requested by the Emergency Services department.
The Applicant agrees to allow the Emergency Services Department to enter upon the property for the purpose of carrying out the provisions of the Bylaw and this Application, which, without limiting the generality of the foregoing, shall include the inspection of the property and the prevention or extinguishment of any fire thereon.
The holder of the Fire Permit shall not light an outdoor fire when:
- insufficient adults are in attendance to monitor and control the burn,
- there is inadequate equipment to prevent and control the burn,
- sufficient precautions to ensure that the fire can be kept under control at all times haven't been taken,
- a fire hazard or burning hazard conducive to a fire readily escaping out of control,
- reasonable steps to prevent the fire from spreading onto other lands haven't been taken, and
- it is within 800 metres of numbered highways or roadways, unless the highway or roadway is signed and marked with amber flashing lights to alert the traveling public of a potential for low lying smoke ? reducing visibility.
The holder of the Fire Permit shall not deposit, discard or leave burning matter or substances in a place where it might ignite other matter and result in a fire.
The Applicant agrees to comply with all Federal, Provincial and Municipal legislation, regulations and other requirements, and to observe all recognized safety standards and practices.
In the event that the Applicant is granted a Fire Permit by the County, the Applicant agrees to pay all costs associated with extinguishing of all fires caused directly or indirectly by violation of the terms and conditions of this Application, including the Fire Permit.
The Applicant agrees to call 780-464-8464 prior to each burn to find out whether the Fire Permit has been suspended or terminated.
Liability waiver and indemnity
The Applicant agrees:
1. Not to make or bring any claim, action, suit, proceeding or demand against the County, its elected officials, officers, employees, servants, agents and contractors with respect to any occurrence, incident, accident or happening relating in any manner whatsoever to this Application or the issuance of a Fire Permit to the Applicant by the County, and the rights and obligations arising therefrom, which, without limiting the generality of the foregoing shall include any claim, action, suit, proceeding or demand arising in tort or contract;
2. To indemnify and save harmless the County, its elected officials, officers, employees, servants, agents and contractors with respect to any claim, action, suit, proceeding or demand made or brought against the County, its elected officials, officers, employees, servants, agents and contractors by any third party with respect to any occurrence, incident, accident or happening relating in any manner whatsoever to this Agreement or the issuance of a Fire Permit to the Applicant by the County, and the rights and obligations arising therefrom, and which indemnity shall, without limiting the generality of the foregoing include any claim, action, suit, proceeding or demand arising in tort or contract, and shall include all legal costs incurred by the County in defending such a claim, action, suit, proceeding or demand.
Termination
Notwithstanding anything contained within this Application, this Fire Permit may be suspended or terminated at any time by the County in its sole and absolute discretion. The Applicant is responsible to call 464-8464 prior to each burn to determine whether a Fire Permit has been suspended or terminated.
General matters
This Agreement constitutes the entire agreement between the Parties hereto relating to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no general or specific warranties, representations or other agreements by or among the Parties in connection with the entering into of this Agreement or the subject matter hereof except as specifically set forth herein.
The Applicant hereby covenants and agrees to do such things, obtain such approvals, permits and licenses and execute such further documents, agreements and assurances as may be necessary or advisable from time to time in order to carry out the terms and conditions of this Agreement in accordance with their true intent.
This Fire Permit may not be assigned in whole or in part by the Applicant without the express written permission of the County.
This Fire Permit shall enure to the benefit of and be binding upon the Parties hereto, their respective successors and permitted assigns.
I do not agree with these terms and conditions
I agree to these terms and conditions
Last updated: Wednesday, February 24, 2010
Page ID: 2345