Fire route bylaw
This bylaw is a consolidated digital version of the official legal document. It is not an exact reproduction and is for information purposes only.
For any questions related to this bylaw contact 519-747-8785, 1-866-785-3941 (TTY for deaf), or municipalenforcement@waterloo.ca
Bylaw number: 2018 - 007
Last passed by council: February 26, 2018
A bylaw to designate fire routes and prohibit or regulate parking or obstructions within fire routes within the City of Waterloo.
- Definitions
- Scope
- General prohibitions
- Exemptions
- Inspections
- Work order
- Order to discontinue activity
- Remedial action
- Fire route designation
- Existing fire routes
- Removal of fire route designation
- Delegation of authority
- Signage
- Removal of motor vehicles
- Enforcement
- Penalties
- Fees and charges
- Short title
- Severability
- Effective date and repeal
- Schedule "B" fire routes
- Schedule "C" fire route signage
Whereas section 7.1 of the FPPA states that a council of a municipality may pass bylaws designating private roads as fire routes along which no parking of vehicles shall be permitted and providing for the removal and impounding of any vehicle parked or left along any of the fire routes at the expense of the owner of the vehicle;
And whereas section 7.1 of the FPPA further states that, subject to the restrictions set out therein, a municipality may appoint an officer to enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether bylaws enacted in accordance with that section are complied with;
And whereas the Building Code and Fire Code provide requirements for an access route for fire department vehicles;
And whereas the FPPA provides authority to issue orders requiring actions to be taken for fire safety purposes;
And whereas section 11(3)8 of the Municipal Act authorizes municipalities to pass bylaws respecting parking, except on highways;
And whereas section 436 (1) of the Municipal Act provides that a municipality has the power to pass bylaws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not a bylaw of the municipality passed under the Municipal Act or an order made under Section 431 of the Municipal Act are being complied with;
And whereas section 428 of the Municipal Act provides that the owner of a vehicle is guilty of an offence even if the owner is not the driver of the vehicle, where a vehicle has been left parked, stopped or standing in contravention of a bylaw, unless at the time of the offence the vehicle was in the possession of another person without the owner’s consent;
Therefore the municipal council of the corporation of the City of Waterloo enacts as follows:
1.0 Definitions
For the purposes of this bylaw, the following terms shall have the corresponding meanings set out below. Terms not defined herein shall have the meaning set out in the Highway Traffic Act:
“Access Route” means an access route as required pursuant to the Building Code or the Fire Code, or any fire route required by the City in accordance with an order issued under the FPPA;
“Building Code” means O. Reg. 332/12, made under the Building Code Act, 1992, S.O. 1992, c. 23, as amended from time to time, or any successor thereof;
“CFPO” means the Chief Fire Prevention Officer of Waterloo Fire Rescue, or his/her designate;
“Chief Building Official” means the Chief Building Official of the City, or his/her designate;
“Chief Fire Official” means the Chief Fire Official of Waterloo Fire Rescue, or his/her designate;
“City” means The Corporation of the City of Waterloo;
“City Vehicle” means any vehicle or equipment operated by or on behalf of the City;
“Council” means the Council of the City;
“Director” means the Director of Municipal Enforcement Services for the City, or his or her designate(s);
“Emergency Service Vehicle” means any vehicle or equipment operated by or on behalf of Waterloo Fire Rescue, Waterloo Regional Police Service or an ambulance service;
“Fees and Charges Bylaw” means a bylaw enacted by Council as amended from time to time, or any successor thereof, imposing fees and charges for services provided by the City;
“Fire Code” means O. Reg. 213/07 as amended from time to time, or any successor thereof;
“Fire Route” means any part or parts of a private roadway(s) designated as a fire route under this Bylaw in accordance with Schedule A or Schedule B hereto;
“Fire Route Sign(s)” means a sign, with the sign characteristics as depicted in Schedule “C” to this Bylaw, or as otherwise approved by the CFPO, which is to be placed or erected on or along a Fire Route for the purposes of identifying the Fire Route and/or regulating, warning or guiding traffic in relation to the Fire Route, and includes existing fire route signs, where permitted by the CFPO under this Bylaw, and signs replacing existing fire route signs;
“FPPA” means the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended from time to time or any successor thereof;
“Highway Traffic Act” means the Highway Traffic Act, R.S.O. 1990, c. H.8, and any regulations thereunder, as amended from time to time, or any successor thereof;
“Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended from time to time or any successor thereof;
“Municipal Law Enforcement Officer” means an individual appointed by the City pursuant to section 15 of the Police Services Act, R.S.O. 1990, c. P. 15, as amended from time to time or any successor thereof;
“Object(s)” includes, but is not limited to, any item such as, gates, fences, building materials, vegetation, unlicensed motor vehicle, debris or any form of obstruction.
“Owner” includes, in relation to Private Property, the registered owner of the property and any Person managing or having control over the property; “Person(s)” includes a corporation;
“Police Officer” means a Police Officer, as defined by the Police Services Act, R.S.O. 1990, c. P.15, as amended;
“Private Property” means land not owned by the City;
“Private Road” means any private road, lane, ramp, or other means of vehicular access to or from a building or structure and may include part of a parking lot, but does not include a highway;
“Stop” means the halting of a motor vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Police Officer;
2.0 Scope
2.1. This bylaw shall apply to all Private Property within the City.
3.0 General prohibitions
3.1 If a Fire Route Sign has been posted:
a) No Person shall park or Stop a motor vehicle in a Fire Route;
b) No Person shall place an Object in a Fire Route; and
c) No Person shall interfere with, deface, cover or remove a Fire Route Sign except with the permission of the City
3.2 No Person shall display a sign of any kind purporting to identify a fire route, except along a Fire Route.
4.0 Exemptions
4.1. This bylaw shall not apply to Emergency Service Vehicles or City Vehicles.
5.0 Inspections
5.1. A Municipal Law Enforcement Officer or a Police Officer may enter upon land and into structures at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:
a) this bylaw;
b) an order made under this bylaw; or
c) an order made under section 431 of the Municipal Act
6.0 Work order
6.1. Where the Director has reasonable grounds to believe that a contravention of this bylaw has occurred, the Director may make an order requiring the Person who contravened this bylaw to do work to correct the contravention.
6.2. An order under section 6.1 of this bylaw shall set out:
a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and
b) the work to be done and the date by which the work must be done.
6.3. An order under section 6.1 of this bylaw may require work to be done even though the facts which constitute the contravention of this bylaw were present before this bylaw came into force.
6.4. Any Person who fails to comply with an order under section 6.1 of this bylaw is guilty of an offence.
7.0 Order to discontinue activity
7.1. Where the Director has reasonable grounds to believe that a contravention of this bylaw has occurred, the Director may make an order requiring the Person who contravened this bylaw, or who caused or permitted the contravention, or the owner of the land on which the contravention occurred, to discontinue the contravening activity.
7.2. An order under section 7.1 of this bylaw shall set out:
a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and
b) the date by which there must be compliance with the order.
7.3. Any Person who fails to comply with an order under section 7.1 of this bylaw is guilty of an offence.
8.0 Remedial action
8.1. If a Person fails to do a matter or thing as directed or required by this Bylaw, including to comply with an order under this bylaw, the City may, in default of it being done by the Person directed or required to do it, do the matter or thing at the Person(s) expense. The City may recover the costs of doing a matter or thing from the Person directed or required to do it by action or by adding the costs to the tax roll for the property and collecting them in the same manner as property taxes.
8.2. The costs outlined in section 8.1 of this Bylaw shall include any fees and charges imposed by the City in accordance with this Bylaw, in relation to the matters identified in section 8.1, along with interest calculated at a rate of 15 per cent per annum, calculated for the period commencing on the first day the City incurs the costs and ending on the day the costs, including the interest, are paid in full.
8.3. The amount of the costs, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien. The lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued to the date the payment is made. Upon receiving payment of all costs payable plus interest accrued to the date of payment, the City shall register a discharge of the lien in the proper land registry office.
9.0 Fire route designation
9.1. Fire Routes are hereby designated as set out in Schedule A of this Bylaw.
9.2. Where any Access Route or fire route is approved or required by the Chief Building Official or the Chief Fire Official on Private Property, the Director may, by amending Schedule A to this Bylaw, designate all or part of such Access Route or fire route as a Fire Route under this Bylaw.
9.3. Where an Access Route or fire route is designated as a Fire Route under section 9.2 of this Bylaw, the Director shall issue a notice to the registered owner of the property advising of the designation and of the requirements of this Bylaw.
9.4. A notice under section 9.3 of this Bylaw shall be sent to the registered owner of the property and service shall be considered sufficient if provided by regular mail to the last known address of such owner.
9.5 Where a Fire Route has been designated under Section 9.2 of this Bylaw, and notice provided in accordance with this Bylaw, the Owner shall construct and maintain the Fire Route, and all required signage, in accordance with the approval and with this Bylaw.
10.0 Existing fire routes
10.1 The existing fire routes approved by the City for the properties as set out in Schedule B are hereby continued and are designated as Fire Routes under this Bylaw.
10.2 Where, for any property not set out in Schedule B, an Access Route was approved by the City before the date of passage of this Bylaw, the Director may, by amending Schedule B to this Bylaw, designate or continue all or part of such Access Route as a Fire Route.
10.3 Where an Access Route is designated as a Fire Route under Section 10.2 of this Bylaw, the Director shall issue a notice to the registered owner of the property advising of the designation and of the requirements of this Bylaw.
10.4 A notice under section 10.3 of this Bylaw shall be sent to the registered owner of the property and service shall be considered sufficient if provided by regular mail to the last known address of such owner.
10.5 Where a Fire Route has been continued or designated under Section 10.1 or 10.2 of this Bylaw, the Owner shall maintain the Fire route, and all required signage, in accordance with the existing approval and with this Bylaw. To the extent of any conflict between the requirements of an approval existing prior to this Bylaw and the requirements of this Bylaw, the existing approval shall supersede.
11.0 Removal of fire route designation
11.1 Where a Fire Route is no longer required as determined by the Chief Fire Official and the Chief Building Official, or is replaced by a different Fire Route in accordance with this Bylaw, the Director may remove or modify the Fire Route designation for such property by amending Schedule(s) A or B, as the case may be.
12.0 Delegation of authority
12.1 The Director is hereby delegated authority to amend Schedules A and B of this Bylaw from time to time to add, modify or remove Fire Routes in accordance with this Bylaw.
13.0 Signage
13.1 The Owner of Private Property upon which there is a Fire Route shall ensure that signage is erected and maintained that complies with the following requirements:
a) A Fire Route Sign shall be posted every 20 meters, or less, along the length of the Fire Route;
b) A Fire Route Sign shall not be set back more than 5 metres from the edge of a Fire Route;
c) Notwithstanding subsections a) and b), the Director may require additional Fire Route Signs to be posted along the Fire Route;
d) Every Fire Route Sign shall have the characteristics as depicted in Schedule C to this Bylaw, or be as otherwise approved by the CFPO;
e) Every Fire Route Sign shall be posted such that the bottom of the sign is a minimum of 2.4 metres above grade and the top of the sign is no more than a maximum of 3.0 metres above grade;
f) Every Fire Route Sign shall be maintained free of obstructions and shall be readable and clearly visible; and
g) Every Fire Route Sign shall be permanently affixed to an immovable object, such as a post or building wall, or such other object as may be approved by the CFPO.
13.2 Notwithstanding section 13.1, the CFPO, in his or her discretion, may permit the ongoing and continued use of fire route signs existing on the date of passing of this bylaw, or on the date on which a property is added to Schedule B.
13.3 Reference to Bylaw No 78-34 on Fire Route Signs permitted under Section 13.2 shall be a reference to this Bylaw.
14.0 Removal of motor vehicles
14.1 In addition to any other penalties provided for in this bylaw, a Police Officer or a Municipal Law Enforcement Officer may cause a motor vehicle parked or Stopped in contravention of this Bylaw to be moved and stored in a suitable place and all costs and charges for the removal, care and storage of the motor vehicle, if any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, c. R.25, as amended from time to time, or any successor thereof.
15.0 Enforcement
15.1 This Bylaw may be enforced by a Municipal Law Enforcement Officer or a Police Officer.
15.2 University of Waterloo Special Constables and Wilfrid Laurier University Special Constables are hereby authorized to enforce this Bylaw on Private Property owned by the respective Universities.
15.3 Private property enforcement officers appointed by the City are hereby authorized to enforce this Bylaw on their respective Private Properties.
16.0 Penalties
16.1 Every Person who contravenes any of the provisions of this bylaw is guilty of an offence.
16.2 Every owner of a motor vehicle parked or Stopped in contravention of this Bylaw is guilty of an offence, unless at the time of the offence the vehicle was in the possession of another Person without the owner’s consent.
16.3 Every Person who is convicted of an offence under this Bylaw is liable to a maximum fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P. 13, as amended from time to time, or any successor thereof.
17.0 Fees and charges
17.1 Council may impose fees and charges to recover costs in relation to the administration and enforcement of this bylaw through the Fees and Charges Bylaw.
18.0 Short title
18.1 This bylaw may be referred to as the ‘Fire Route Bylaw’
19.0 Severability
19.1 If a Court of competent jurisdiction should declare any section or part of a section of this bylaw to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this bylaw and it is hereby declared that the remainder of this bylaw shall be valid and shall remain in full force and effect.
20.0 Effective date and repeal
20.1 This Bylaw will come into force and effect on the date on which set fines for this Bylaw are approved and, as of the effective date of this Bylaw, By-Laws 2013-122 and 78-034, and any amendments thereto, are hereby repealed.
20.2 This Bylaw shall apply in addition to any requirements of, and shall not limit, any other City bylaw or any federal or provincial statute or regulation.
20.3 Where the provisions of any other City bylaws are inconsistent with the provisions of this bylaw, the provisions of this bylaw shall prevail to the extent of the inconsistency. Where the provisions of this Bylaw are inconsistent with the requirements of any federal or provincial statute or regulation, the provisions of the federal or provincial statute or regulation shall prevail to the extent of the inconsistency.
21.0 Schedule "B"
| Address | Address |
|---|---|
| 400 Albert Street | 408 Albert Street |
| 410 Albert Street | 412 Albert Street |
| 412 Albert Street | 525 Albert Street |
| 651 Albert Street | 655 Albert Street |
| 657 Albert Street | 469-490 Albert Street |
| 496-502 Albert Street | 625-637 Albert Street |
| 639-649 Albert Street | 651-657 Albert Street |
| 653 Albert Street | 100 Allen Street East |
| 31-45 Amos Avenue | 237 Auburn Drive |
| 316 Auburn Drive | 100 Baffin Place |
| 590 Bearinger Road | 589 Beechwood Drive |
| 693 Beechwood Drive | 475-497 Beechwood Drive |
| 523-525 Beechwood Drive | 523-525 Beechwood Drive |
| 225 Benjamin Road | 365 Bennington Gate |
| 1 Blue Springs Drive | 30 Blue Springs Drive |
| 55 Blue Springs Drive | 52-54 Blue Springs Drive |
| 80 Bluevale Street North | 100 Bluevale Street North |
| 294 Bluevale Street North | 314-320 Bluevale Street North |
| 75 Bluevale Street North | 289-301 Bluevale Street South |
| 460 Brentcliffe Drive | 755 Bridge Street |
| 58 Bridgeport Road East | 60 Bridgeport Road East |
| 91 Bridgeport Road East | 70-94 Bridgeport Road East |
| 206 Candlewood Crescent | 31 Caroline Street North |
| 45 & 55 Caroline Street North | 249 Cedarbrae Avenue |
| 520 Chesapeake Drive | 80 Churchill Street |
| 90-98 Churchill Street | 6 Colby Court |
| 668 Colby Drive | 691 Columbia Forest Boulevard |
| 55 Columbia Street East | 134 Columbia Street West |
| 143 Columbia Street West | 156 Columbia Street West |
| 170 Columbia Street West | 175 Columbia Street West |
| 176 Columbia Street West | 180 Columbia Street West |
| 195 Columbia Street West | 450 Columbia Street West |
| 450 Columbia Street West | 461 Columbia Street West |
| 185 Columbia Street West | 470 Columbia Street West |
| 660 Conservation Drive | 295 Dale Crescent |
| 555 Davenport Road | 605 Davenport Road |
| 615 Davenport Road | 11 Devitt Avenue South |
| 15 Dietz Avenue North | 490 Dutton Drive |
| 55 Erb Street East | 154 Erb Street East |
| 201 Erb Street West | 201 Erb Street West |
| 285 Erb Street West | 302 Erb Street West |
| 305 Erb Street West | 325 Erb Street West |
| 384 Erb Street West | 450 Erb Street West |
| 634-636 Erb Street West | 235 Erb Street West |
| 326 Erb Street West | 360 Erbsville Road |
| 100 Father David Bauer Drive | 141 Father David Bauer Drive |
| 139 & 141 Father David Bauer Drive | 3&5 Father David Bauer Drive |
| 27 George Street | 660 Glen Forrest Boulevard |
| 500 & 504 Glenelm Crescent | 20-60 Goldbeck Lane |
| 225 Harvard Place | 300 Hazel Street |
| 55 Hickory Street East | 7 Hickory Street West |
| 4 High Street | 22 High Street |
| 24 High Street | 10 John Street West |
| 250 Keats Way | 300 Keats Way |
| 397 Keats Way | 405 Keats Way |
| 630 Keats Way | 78 King Street North |
| 124 King Street North | 173 King Street North |
| 247 King Street North | 253 King Street North |
| 255 King Street North | 255 King Street North |
| 258 King Street North | 316 King Street North |
| 375 King Street North | 432 King Street North |
| 435 King Street North | 550 King Street North |
| 573 King Street North | 583 King Street North |
| 620 King Street North | 527-533 King Street North |
| 500 King Street North | 600 King Street North |
| 15 King Street South | 75 King Street South |
| 130 King Street South | 185 King Street South |
| 436 Kingscourt Drive | 446 Kingscourt Drive |
| 456 Kingscourt drive | 416 Kingscourt Drive |
| 436 Kingsourt Drive | 590 Kraus Drive |
| 611 Kumpf Drive | 617 & 619 Kumpf Drive |
| 525 Laurelwood Drive | 650 Laurelwood Drive |
| 710 Laurelwood Drive | 167 Lexington Court |
| 245 Lexington Road | 229 Lexington Road |
| 125 Lincoln Road | 125 Lincoln Road |
| 145 Lincoln Road | 145 Lincoln Road |
| 155 Lincoln Road | 130-140 Lincoln Road |
| 150 Lincoln Road | 9 Lodge Street |
| 141 MacGregor Crescent | 62 Marshall Street |
| 341 Marsland Drive | 20 Mayfield Ave |
| 76-108 McDougall Road | 100 Milford Avenue |
| 91-97 Milford Avenue | 130 Moore Avenue South |
| 650 Mountain Maple Avenue | 125 Northfield Drive |
| 55 Northfield Drive East | 283 Northfield Drive East |
| 255 Northlake Drive | 400 Parkside Drive |
| 477 Parkside Drive | 519 Parkside Drive |
| 527 & 529 Parkside Drive | 500 Parkside Drive |
| 405 Pastern Trail | 256 Phillip Street |
| 268 Phillip Street | 295 Phillip Street |
| 305 Phillip Street | 440 Phillip Street |
| 440 Phillip Street | 451 Phillip Street |
| 455 Phillip Street | 460 Phillip Street |
| 460 Phillip Street | 667 Pinerow Crescent |
| 97 Randall Drive | 99 Randall Drive |
| 101 Randall Drive | 103 Randall Drive |
| 109 Randall Drive | 332 Regina Street North |
| 265 Regina Street North | 300 Regina Street North |
| 325 Regina Street North | 338 Regina Street North |
| 350 Regina Street North | 99 Regina Street South |
| 285 Sandowne Drive | 279-285 Sandowne Drive |
| 73 Schaefer Street | 99 Seagram Drive |
| 200 Shakespeare Drive | 485 Thorndale Drive |
| 57 Union Street East | 32 University Avenue East |
| 50 University Avenue East | 65 University Avenue East |
| 108 University Avenue East | 121 University Avenue East |
| 425 University Avenue East | 36-42 University Avenue East |
| 200 University Avenue East | 137 University Avenue West |
| 139 University Avenue West | 140-150 University Avenue West |
| 160-170 University Avenue West | 380 Weber Street North |
| 509 Weber Street North | 511 Weber Street North |
| 513 Weber Street North | 515 Weber Street North |
| 517 Weber Street North | 585 Weber Street North |
| 150 Westcourt Place | 150 Westcourt Place |
| 240 Westcourt Place | 265 Westcourt Place |
| 271 Westcourt Place | 271 Westcourt Place |
| 303 Westcourt Place | 1 Westmount Road North |
| 45 Westmount Road North | 50 Westmount Road North |
| 65 Westmount Road North | 55 William Street East |
| 619 Wild Ginger Avenue | 22 Willow Street |
| 4 & 6 Willow Street | 160-170 Wissler Road |
| 160-170 Wissler Road |
22.0 Schedule "C"
| Item | Colour |
|---|---|
| "P" | Black |
| Circle and Slash | Red |
| Text (Fire Route) | White with red bar |
| Directional Arrow(s) | Black |
| Background | White |