Fire Regulations Bylaw No. 55

Barriere, British Columbia · No. 55 · adopted 2010-12-20 · summary & facts

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DISTRICT OF BARRIERE BYLAW NO. 55 A bylaw to establish and regulate fire protection services and associated rules respecting burning for the District of Barriere WHEREAS the Community Charter allows Council, by bylaw, to establish and make regulations for a fire department; and, WHEREAS Council has authority to regulate matters within the scope of the Fire Services Act; and, WHEREAS Council has authority over nuisances, disturbances and other objectionable situations, specifically the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia that is liable to foul or contaminate the atmosphere, or otherwise be harmful to the environment; NOW THEREFORE the Council of the District of Barriere, in open meeting assembled enacts as follows: 1. This bylaw may be cited as "District of Barriere Fire Regulations Bylaw No. 55. 2."Barriere Volunteer Fire Department Establishment and Regulation Bylaw No. 1262, 1991 and all amendments thereto, are hereby repealed. 3. The British Columbia Fire Code Regulations, Fire Services Act, applicable National Fire Protection Association Codes, the Open Burning Smoke Control Regulation (Environmental Management Act) and all amendments thereto are deemed to be in full force and effect within the District of Barriere, in conjunction with this bylaw. 4. This bylaw is divided into the following parts: Part l Definitions Part II Fire Department Part III Fire Protection and Life Safety Part lV Inspection of Premises Part V Fireworks Part VI Enforcement Part VlI Penalties Part VllI Court Fees Part IX Severability Schedules 5. This bylaw shall come into full force upon adoption. PART l -- DEFINITIONS "Approval" means acceptance as satisfactory to the Fire Chief or his/her designate. "Chief Administrative Officer" or "CAO" means the Chief Administrative Officer of the District of Barriere. "Council" means the Council of the District of Barriere. "Department" means the Barriere Volunteer Fire Department. "District" means the District of Barriere. District of Barriere Fire Regulations Bylaw No. 55 2 "Fire Chief" means the person appointed from time to time as the Chief of the Volunteer Fire Department of the District of Barriere, and any officer, member or inspector authorized in writing by the Fire Chief to act on his/her behalf. "Fireworks" means any substance that is made, manufactured or used to produce an explosion, or detonation, or a pyrotechnic device, and includes fireworks, composition and manufactured as defined in the Explosives Act, R.S.C.c. E-15 and all regulations hereunder, as amended from time to time, also includes any substance defined as fireworks under the Fireworks Act, R.S.B.C. 1996, c.146 and all regulations hereunder, as amended from time to time. Consumer Fireworks are those classed as low hazard under the Fireworks Act. Display Fireworks are those classed as high hazard under the Fireworks Act. "Inspector" means any Fire Department member authorized in writing by the Fire Chief to act in such capacity. "Member" means a member of the Barriere Volunteer Fire Department and includes an officer. "Minor" means a person under the age of majority. "Nuisance" means use of property or course of conduct that interferes with the legal rights of others by causing damage, annoyance or inconvenience. "Occupant or Occupier means the tenant, lessee, agent, and any other person who has access to and control of any building or premises to which this bylaw applies. "Public Fire Hydrant" means any fire hydrant or stand pipe located on: a) a public roadway or right of way; b) District owned property; c) an easement held in favor of the District of Barriere for the purpose of installing and maintaining a water distribution system. "Required Training" means training of a fire fighter to meet the standard training required to attain the rank of Fire Chief, Deputy Fire Chief, Captain, or Safety Officer. "Summary Conviction" means the verdict that results when a court of law finds a defendant guilty of a petty crime or misdemeanor. "Ventilation Index" means the index published by the Ministry of Environment. British Columbia's weather conditions, mountainous landscape and settlement patterns often combine to trap smoke in populated areas. Open burning can only take place when local air flow will not cause the smoke to build up when the ventilation index is 'good' or 'fair' for the second planned day of the burn. PART ll - FIRE DEPARTMENT 2.1 A fire department for the District of Barriere is hereby constituted by bylaw and is to be known as the "Barriere Volunteer Fire Department". The head of the Department will be known as the "Fire Chief". 2.2 Reporting to the Chief Administrative Officer, the Fire Chief is accountable for overseeing the provision of services for the protection of lives and property of the citizens of the District of Barriere from fire hazards and for the operation of the Fire Department, including training and fire prevention. District of Barriere Fire Regulations Bylaw No. 55 3 2.3 The Fire Chief shall take all proper measures for the prevention, control, and the extinguishment of fire and the protection of life and property and may enforce all codes and bylaws respecting fire prevention, life safety and investigations. 2.4 The Fire Chief, from time to time, may make rules and regulations for the proper and efficient administration and the operation of the Fire Department and the discipline of its members, and may vary, alter, or repeal such rules or regulations as he/she may, from time to time, deem fit or necessary. 2.5 The Fire Chief shall be appointed by Resolution of Council. 2.6 In addition to the Fire Chief, the department personnel shall consist of a Deputy Fire Chief and such number of other officers and members as from time to time may be deemed necessary by the Fire Chief and approved by Council. 2.7 (a) The Fire Chief may accept any person who is qualified, as a member or probationary member of the department. (b) A person is qualified to be a member of the department who: (i) is 16 years of age or over; (ii) is of good character; (iii) passes such aptitude, physical and other valid tests as may be required by the Fire Chief; (iv) preferably resides within the District of Barriere; (v) undergoes a criminal record check (c) A person accepted by the Fire Chief as a probationary member shall be on probation for the three (3) months during which period they shall take training and examinations as may be required by the Fire Chief. If a probationary member fails any such examination, the Fire Chief may dismiss such a member or extend their probationary period. (d) Following the 3-month probationary period, new members will be accepted based on a favourable evaluation by the Fire Chief and Training Officer. All appointments will be based on merit. (e) A person recommended or appointed as a member shall adhere to the Code of Conduct presented to them, as shown in Schedule "B" attached to and forming part of this bylaw. (f) Every member is subject to a medical examination at such time as the Fire Chief may require it. Such medical examination will be paid for by the Fire Department. 2.8 The remuneration of all members shall be as set out in Schedule "A" attached hereto and forming part of this bylaw. 2.9 The limits of the jurisdiction of the Fire Chief, and the officers and the members of the Fire Department will extend to the area and boundaries of the District of Barriere's Fire Protection Area, and no part of the fire apparatus shall be used beyond the limits of the municipality without: (a) the express authorization of a written Mutual Aid agreement providing for the supply of fire fighting services or rescue services outside the municipal boundaries; or, (b) in the case of an emergency that, if not immediately addressed, may threaten the safety of people or property within the District of Barriere, the approval of the Mayor or the Chief Administrative Officer. 2.10 The Fire Chief has complete responsibility and authority over the Fire Department, subject to the direction and control of the Council, to which he/she shall be responsible to. In particular he/she shall be required to carry out all fire protection activities and may carry out such other activities as per Council policy, including but not limited to: District of Barriere Fire Regulations Bylaw No. 55 4 (a) fire rescue (b) pre-fire planning (c) disaster planning (d) preventative activities (e) other incidents 2.11 The Fire Chief shall establish rules, regulations and policies in the form of Standard Operating Guidelines (SOG's), and committees necessary for the proper organization and administration of the Fire Department including, but not limited to, the: (a) use, care and protection of Fire Department property; (b) conduct and discipline of officers and members of the Fire Department; (c) efficient operation of the Fire Department; (d) compliance with lawful statutes and regulations. 2.12 The Fire Chief, or in his/her absence, the senior ranking member present, shall have control, direction and management of all Fire Department apparatus, equipment or personnel assigned to an incident and, where a member is in charge, he/she shall continue to act until relieved by a senior officer. 2.13 The Fire Chief shall take responsibility for all fire protection matters including the enforcement of the Fire Services Act and Regulations and the British Columbia Fire Code thereunder and shall assume the responsibilities of the Local Assistant to the Fire Commissioner. 2.14 The Fire Chief shall report to Council on the operation of the Fire Department or any other matters in a manner designated by Council. 2.15 The Fire Chief, or any member of the Fire Department authorized by this bylaw, may at any reasonable time enter any premises, except single family dwellings, for the purposes of fire prevention inspections. 2.16 The Fire Chief is authorized to cause a building, or thing to be pulled down, demolished or otherwise removed if he/she deems it essential to prevent the spread of fire to other buildings, structures or things. 2.17 The Fire Chief or the member in charge, at an incident is empowered to enter, pass through or over buildings or property adjacent to an incident and to cause members of the Fire Department and the apparatus and equipment of the Fire Department to enter or pass through or over buildings or property, where he/she deems it necessary to gain access to the incident or to protect any person or property. 2.18 The Fire Chief or the member in charge, at an incident may request peace officers to enforce restrictions or persons entering within the boundaries of the incident. 2.19 No person at an incident shall impede, obstruct or hinder a member of the Fire Department or other person assisting or acting under the direction of the Fire Chief or the member in charge. 2.20 No person shall damage or destroy Fire Department apparatus or equipment. 2.21 No person at an incident shall drive a vehicle over any equipment or fire hose without the permission of the Fire Chief or member in charge. 2.22 The Fire Chief shall take all proper measures for the prevention, control and extinguishment of fires and for the protection of life and property and shall enforce all municipal bylaws respective of fire prevention and exercise the powers and duties imposed on him/her by this bylaw and any provincial act or regulation. District of Barriere Fire Regulations Bylaw No. 55 5 2.23 The Fire Chief or his/her designate shall provide comment to the Planning Department or Approving Officer on fire related issues on the development of properties. This includes comment on emergency vehicle access to the property, placement of fire hydrants, and other fire/water related issues on the property. 2.24 The Fire Chief shall submit to the Director of Finance for inclusion with the overall District budget submitted to Council for approval, the annual budget for the Fire Department, no later than October 31st of each year for the next budget year. 2.25 When in the opinion of the Fire Chief or Council, the supply, pressure and flow of water is considered inadequate or in danger of becoming inadequate for the purpose of fire fighting protection, Council may by resolution introduce and enforce such regulations as may be considered necessary to conserve the supply, pressure and flow of water for such purposes. Such regulations may control and designate the purposes and hours for and the methods and appliances permitted for such use, including hoses, sprays, nozzles and sprinklers, and Council may also appoint an inspector or inspectors to enforce such regulations and such inspector or inspectors shall during the term of his/her or their office or appointment be granted the same authority to enter premises within the District for purposes of inspection under the regulations as are possessed by the Fire Chief. 2.26 The owner, occupier, agent or trustee of real property shall not allow any person to stand, loiter or sit in the aisles, passages and stairways or any other means of egress of churches, halls and places of amusement. 2.27 The owner, occupier, agent or trustee of real property is required to remove anything and everything from a building or yard which in the opinion of the Fire Chief is a fire hazard or increases the danger of fires. 2.28 If, in the opinion of the Fire Chief, a chimney, flue or any other exhaust apparatus may constitute an increased risk of fire, the Fire Chief, or designate, shall have the authority to order that the owner have the apparatus inspected by a qualified licensed professional and that the owner act on the recommendations of the professional. The order shall state the apparatus shall not be used until it passes the inspection of the professional. 2.29 The Fire Chief or other designate officers of the department are hereby authorized to enter any premises at reasonable times to inspect said premises for conditions which may cause a fire or increase the danger of fire to persons and property. 2.30 All members of the Fire Department are included in the District of Barriere Indemnification Bylaw, 2007 No. 0003 when they are working in the capacity as a volunteer fire fighter. 2.31 Outdoor Fires - General Provisions (a) The Fire Chief may prohibit any or all types of outdoor fires when, in his/her opinion, atmospheric condition or local circumstances may make such fires a hazard or a nuisance. (b) Any person who causes, or through inadvertence, allows a fire to get beyond control and so necessitates the assistance of the District of Barriere Volunteer Fire Department personnel and/or equipment, may be liable to a charge at a cost for such assistance, as specified in the District of Barriere Fees Bylaw. If such charge remains unpaid on December 31st of the year in which the charge was levied, the amount so unpaid shall be entered on the real property tax roll in respect of the property receiving the assistance and shall be collected as taxes in arrears for said property. (c) The Fire Chief or designate can require, where the safety of any forest, woodland, timber, or other property is endangered by debris caused by any lumbering, land clearing, or industrial operation, the person carrying on, or who has carried on, such operation, or the owner/tenant of District of Barriere Fire Regulations Bylaw No. 55 6 the land on which the debris exists, to dispose of the debris in a manner acceptable to the Fire Chief. This may include cutting down all dead standing trees and stubs within the area affected and to provide such labour and to take such precautions to prevent the escape of fire or damage to property as the municipality or Officer acting for the municipality may direct. (d) The Fire Chief, or designate, may require a property owner to clear his property of natural accumulated debris to meet the minimum recommended guideline for fuel reduction to prevent the spread of fire in forested areas or heavy fuel load areas. (e) Burning of rubbish/garbage in burning barrels is prohibited within the District of Barriere. If a burning barrel is used to burn as permitted in Section 2.32, it should be covered with ½" screen mesh secured over the opening of the burning barrel. Burning barrels are to be located a minimum of 10 meters from any structure, building, trees, vegetation, or other flammable object. 2.32 Outdoor Fires - Residential (a) Burning of dry garden and yard refuse is allowed during Spring, Fall and Winter each year, however, open burning is banned within the District of Barriere if the Ministry of Forests and Range have a burning ban imposed and/or at the discretion of the Fire Chief, and will be advertised accordingly. Permits for this type of residential burning are not required. (b) Burning shall not be of such a continuous nature that it creates an ongoing nuisance, disturbance or other objectionable situation, to neighboring properties within or extending outside of the District of Barriere. (c) Burning is only permitted on private property. No fires are to be located on District property, public roads, or road allowances, or unpaved roads or lanes. (d) Burning under Section 2.32 is to be carried out by the property owner/tenant or an agent acting on behalf of the property owner. The property owner will accept all responsibility of any liability as a result of the fire. (e) A detailed summary of regulations for open burning, pursuant to Section 2.32 are as shown in Schedule "D" attached to and forming part of this bylaw. 2.33 Outdoor Fires -Industrial/Commercial and Lot Clearing (a) Burning for lot clearing for development, and burning for the purpose of yard clean up in a commercial or industrial area, will be by permit only, as per Schedule "E", attached to and forming part of this bylaw. (b) Burning of debris, refuse and slash by the District of Barriere, Government Ministries, Departments or Agencies, which cannot be conveniently and economically disposed of by any other means shall be by permit only, as per Schedule "E" attached to and forming part of this bylaw. (c) All permitted burning pursuant to Section 2.33 (a) and 2.33 (b) shall conform to the Open Burning Smoke Control Regulation of the Environment Management Act (BC Reg. 145/93) as amended from time to time. Each permit issued will be for a 72 hours period only. There shall be a smoke free period of at least 15 days between burns on the same property. The person receiving the permit must check and comply with the Ministry of Environment regulations including the ventilation index. Open burning under Section 2.33 is banned within the District of Barriere if the Ministry of Forests and Range have a burning ban imposed. 2.34 Outdoor Fires - Exemptions The following outdoor fires are allowed without permit, but will be subject to Section 2.31 and other parts of this bylaw where applicable. District of Barriere Fire Regulations Bylaw No. 55 7 (a) Outdoor cooking devices using propane, natural gas or charcoal for the grilling or barbequing of food. (b) Small fire pits used for warmth or the preparation of food using seasoned wood fuel and described in Schedule "C" attached to and forming part of this Bylaw. (c) Controlled burning for a fire training exercise by the District of Barriere Volunteer Fire Department. PART III - FIRE PROTECTION AND LIFE SAFETY 3.1 Evacuation If an emergency arising from a fire, fire hazard, toxic chemical spill or from a risk of explosion causes the Fire Officer in command to believe there is an imminent and serious danger to life or property or of a panic, he/she may immediately cause the removal of the hazard or risk or he/she may cause the people to be removed. He/she may order the evacuation of a building or area and may request assistance from the police to provide security to the evacuated area. 3.2 Fire Damaged Buildings (a) The owner of any fire damaged building shall ensure that the premises are guarded, or that all openings in the building are kept securely closed and fastened so as to prevent the entry of an unauthorized person(s). This is to be done in a timely manner in the opinion of the Fire Chief. (b) If the owner fails to provide the necessary security to the fire damaged building within a reasonable time then the Fire Chief may have the work performed and the owner shall be liable to a charge at cost for such work payable to the District. If such charge remains unpaid on December 31st of the year in which the charge was levied, the amount so unpaid shall be entered on the real property tax roll in respect of the property receiving the assistance and shall be collected as taxes in arrears for said property. 3.3 Address Identification All buildings or structures situated on any lot or parcel of land within the municipal boundaries shall be properly identified with numbers facing the District road which accesses the property, indicating their address as designated by the District of Barriere. All address numbers shall be in contrasting colours to the base colour of the building or structure and visible from the street. Address numbers shall not be obstructed by shrubs, trees, beams or any other material that would impair quick and easy identification. PART IV - INSPECTIONS OF PREMISES 4.1 Right to Inspect and Test The Fire Chief, Inspector, and any member of the Fire Department may at all reasonable hours enter into and upon any lands, premises, yards or buildings, other than single family dwellings, for the purpose of testing or inspecting: (a) buildings, as required by the Fire Service Act. (b) to determine if Fire Department access and an adequate water supply is available for fire suppression purposes; (c) to determine if the requirements of this bylaw are being carried out. 4.2 Re-Inspection Fees District of Barriere Fire Regulations Bylaw No. 55 8 (a) If more than one re-inspection of a property is performed by the Fire Chief to ensure fire safety violations discovered during a previous regular inspection have been rectified, a fire re- inspection fee, as listed in the most recent District of Barriere Fees Bylaw, will be charged to the owner or occupant. (b) If the owner or occupant fails to pay to the District of Barriere the aforesaid expenses, then the District may recover the expenses in the same manner as municipal taxes. 4.3 Accumulation of Combustible Materials (a) If the owner or occupier of property fails to take such precautions to prevent the accumulation of combustible growth or material of any kind as directed by the Fire Chief, within a reasonable period of time, then the Fire Chief may have the work performed by the District of Barriere by its employees or others at the expense of the owner. (b) If the Owner fails to pay to the District of Barriere the aforesaid expenses, then the District may recover the expenses in the same manner as municipal taxes. 4.4 Smoke Alarm Installation and Maintenance (a) The Owner of every residential building shall ensure that smoke alarms are installed and maintained in every dwelling unit or suite and in each sleeping room not within a dwelling unit except for institutional occupancies required to have a fire alarm system. (b) The occupant shall test the smoke alarms in compliance with the manufacturer's recommendation within the dwelling unit, suite or sleeping room to ensure that the smoke alarms are functioning correctly. If a smoke alarm is not functioning correctly, the occupant, if he/she is not the owner, shall inform the owner immediately. 4.5 Fire Safety Systems and Life Safety Processes All installed fire alarm systems, and life safety processes or devices shall be maintained according to the British Columbia Fire Code. 4.6 Entry for Inspection No person shall obstruct or interfere with the Fire Chief or their designate while they are carrying out any inspection pursuant to this Bylaw, the British Columbia Fire Code, or the British Columbia Fire Services Act. 4.7 Assistance in Inspection The owner, occupier or lessee of a building or property or any other person having knowledge of a building or property shall, upon request, give to a fire inspector, who is carrying out an inspection of the building or property, such assistance as he may require in carrying out the inspection. 4.8 Fee for Inspections by Special Request A fee, as listed in the most recent District of Barriere Fees Bylaw, shall be paid to the District of Barriere with the request to conduct a fire safety inspection for the sale of a property and for the re-inspection of a property. PART V - FIREWORKS 5.1 No person shall store, sell, use, set off, or allow to be stored, sold, used or set off, any Consumer or Display Fireworks in such a place or in such a manner as might create danger or constitute a nuisance District of Barriere Fire Regulations Bylaw No. 55 9 to any person or property, or to do or cause or allow any unsafe act or omission at the time and place for the setting off of any Fireworks. 5.2 No person shall make available or sell Fireworks to a minor. 5.3 Vendor's of Fireworks shall ensure Fireworks are stored in a secure and safe manner. 5.4 No person shall use, set off or allow to be used or set off any Fireworks if the Fire Chief has issued a ban on Outdoor Fires (Section 2.31 to 2.34) within the District. 5.5 No person shall discharge, fire or set off any Display Fireworks without a Permit from the Fire Chief of the District of Barriere (See Schedule "F"). 5.6 Display Fireworks are only allowed within the District of Barriere subject to the federal Explosives Act and Explosives Regulations and this applies to: - using high-hazard Display Fireworks (class 7.2.2 / F.2); - buying, selling and storing Display Fireworks; - transporting Display Fireworks, which is regulated by the Transportation of Dangerous Goods; Directorate (Transport Canada) and the Explosives Regulatory Division (Natural Resources Canada [NRCan]); and, - disposing of unused fireworks. 5.7 Every applicant for a Display Fireworks Permit, pursuant to this section, shall hold a current and valid Fireworks Supervisors and/or Pyrotechnics Certification card as issued by Natural Resources Canada. 5.8 Written permission from the property owner on which the fireworks display is to occur, must accompany the application for a Fireworks Permit. 5.9 The applicant in 5.2 and 5.3 shall procure, maintain and provide proof of the following insurance: (1) Comprehensive General Liability insurance, for the period of the permit, in an amount not less than $5,000,000 (2) Workers Compensation Insurance covering all employees of the applicant. 5.10 The District of Barriere shall be named as an Additional Insured without any right of contribution from any insurance otherwise maintained by the District. 5.11 The Fire Chief is authorized to revoke a Fireworks Permit issued under this bylaw at any time. 5.12 A permit issued under this section is non-transferable. PART VI - ENFORCEMENT 6.1 Issuance of Order (a) If an Inspector finds that any provision of this bylaw has been contravened or has not been complied with, or has been complied with improperly or only in part, or that conditions exist in or upon a building or property to which the bylaw applies and which, in his/her opinion, constitutes a fire hazard or otherwise constitutes a hazard to life and/or property, he/she may make such order to ensure full and proper compliance with this bylaw and in particular, but without limiting the generality of the foregoing, he/she may: i) make to the owner, occupier or lessee of the building or property such recommendations as he/she deems necessary to correct the contravention or to ensure compliance with this bylaw or to remove the hazards referred to in the bylaw or, District of Barriere Fire Regulations Bylaw No. 55 10 ii) make such orders as he/she deems necessary with respect to any of the matters referred to in this bylaw. 6.2 Service of Order An order made under this bylaw shall be served by: (a) delivering it or causing it to be delivered to the person to whom it is directed, or (b) sending the order by return registered mail to the last known property owner. PART VII - PENALTIES 7.1 Every person who violates any of the provisions of this bylaw or suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this bylaw, or who neglects to do or who refrains from doing anything required by the bylaw shall be deemed to be guilty of an infraction thereof and liable to the penalties imposed. 7.2 Any person or persons on summary conviction shall be liable to a penalty of not less than two hundred and fifty ($250.00) dollars for each infraction or offense and shall be enforced and recoverable in a manner provided by the "Offence Act [RSBC 1996] Chapter 338". PART VIII - COURT FEES 8.1 Court Fees - If an Officer or Member of the Fire Department is required to attend any civil or criminal proceedings, court hearings or examination for discovery as a result of his/her attendance at a fire, fees shall be paid as outlined in the most recent District of Barriere Fees Bylaw. 8.2 In special circumstances actual replacement of lost wages will be considered for reimbursement by Council when accompanied by a report with a recommendation from the Fire Chief and the Chief Administrative Officer. PART IX - SEVERABILITY 9.1 If any portion of this Bylaw is held invalid by a Court of competent jurisdiction, then that invalid portion shall be severed and the remainder of this Bylaw shall be deemed to have been adopted without the severed portion. READ A FIRST time, this 22nd day of November, 2010 READ A SECOND time, this 6th day of December, 2010 READ A THIRD time, this 6th day of December, 2010 ADOPTED, this 20th day of December, 2010 Original signed by,_____________ Mayor Mike Fennell Original signed by, _____________ Colleen Hannigan, CAO District of Barriere Fire Regulations Bylaw No. 55 11 SCHEDULE "A" Fire Department Remuneration Fire Chief: Admin $20 Inspection $25 Fire $30 Practice $12 Deputy Fire Chief: Fire $30 Practice $12 Officers (All): Fire $30 Practice $12 Firefighters: Fire $25 ` Practice $10 District of Barriere Fire Regulations Bylaw No. 55 12 SCHEDULE "B" Volunteer Fire Fighters Code of Conduct All Officers and Members of the District of Barriere Volunteer Fire Department shall: 1. At all times be governed by the ordinary and responsible rules of behavior observed by law-abiding and self-respecting citizens and no Member shall commit any act to bring discredit upon the Department, its Members or the District of Barriere. Furthermore, when representing the Department, all Members shall be expected to be courteous and respectful in their contacts with the public; 2. Operate through the Fire Chief in transacting the business of the Department; 3. Attend fires or emergencies to which they may be dispatched and to perform to the best of their ability. Neglect, inefficiency or indifference of Members in the performance of their duties constitutes unacceptable behavior, and may result in discharge from the Department; 4. Exercise precaution and good judgment in order to avoid injury to themselves and to other Members; 5. Adhere to the policies set out in the District of Barriere Volunteer Fire Department Standard Operating Guidelines; 6. Accord obedience, proper respect and courtesy to Officers and Acting Officers; 7. Make truthful and accurate reports and not make statements with intent to deceive; 8. Not willfully mutilate any useful Department record, book, paper or document; 9. Promptly notify the Fire Chief of all matters coming to their attention affecting the interest of the Department; 10. Exercise caution to avoid unnecessary damage or loss of Department property and be responsible for the safekeeping and proper care of all Department property; 11. Not remain on duty if their ability is impaired by the use of a mind-altering substance(s); 12. Not use or take in any form a mind-altering substance(s) while on duty; 13. Not indulge in obscene or uncivil language, altercations or conduct while on duty, which might cause adverse public reaction or injury to any person; 14. Refrain from engaging in any activity which reduces the Member's effectiveness; 15. Refrain from promoting their names, in the context as a Member of the Department, for any commercial or business purposes, or for countenancing the use of the name and/or prestige of the Department for such purposes; 16. Accept no reward, fee, or gift from any person for services incidental to the performance of duty, except with the permission of the Fire Chief; 17. Treat all other members with respect and without discrimination or prejudice; 18. Driving behavior shall conform to Motor Vehicle Act regulations at all times; 19. Any and all recording of any incident by any member is the property of the Barriere Volunteer Fire Department and shall only be used for officially sanctioned fire department business. District of Barriere Fire Regulations Bylaw No. 55 13 SCHEDULE "C" Campfires 1. Campfire Regulations and Prohibitions No person will light, ignite or start, or allow, or cause to be lighted, ignited, or started, a campfire except in accordance with the following regulations: (a) Fire pit size not to exceed 24" diameter or square or a CSA Burning unit; (b) Only permitted burning materials, including seasoned untreated lumber, dry and seasoned firewood will be used in campfires; (c) Campfires will be continuously controlled and supervised by a competent person equipped with extinguishing equipment and material, and must be completely extinguished before the person leaves the area; (d) Campfires will be maintained so as not to cause a nuisance; (e) Campfires will be contained within a fire pit; (f) Campfires must be located a minimum of 5 meters from adjoining property lines, buildings and any other combustible material; (g) Campfires must be intended for and used solely for the preparation of food and/or warmth. 2. Restrictions (a) No person will burn prohibited burning materials, compostable materials or garbage in the open air, campfire, fireplace or woodstove. (b) All fires are subject to local fire hazard restrictions and Ministry of Forests and Range Camp Fire Bans and are subject to cancellation at any time by an authority having jurisdiction. (c) At a complaint of discomfort, or reduced quality of life, the Fire Chief or designate shall have the authority to order that any fire be extinguished, or that all outdoor burning may be prohibited. District of Barriere Fire Regulations Bylaw No. 55 14 SCHEDULE "D" Residential and Open Air Burning Regulations In accordance with the Environmental Management Act - Open Burning Smoke Control Regulation, open burning of backyard or garden waste is permitted under certain conditions, although it is not encouraged. Homeowners are asked to reuse or recycle as much organic and wood waste as possible, instead of burning it. Care should be taken at all times to ensure that open burning does not occur during periods of atmospheric inversion, or when local weather conditions would be adversely impacted by smoke and air-borne particulates from open burning. Open burning in close proximity to schools, care facilities, and adult and child care facilities is discouraged and other options for disposing of burnable waste should be considered. Refer to the Environmental Management Act Open Burning Smoke Control Regulations. The following conditions for the burning of backyard and garden waste in residential areas of the District shall apply: 1. Residents may burn in the open air, dry garden refuse (small pruning, vegetable garden refuse) without a permit between dawn and dusk during the period established by the Fire Chief in the spring, fall and winter of each year. Open burning is banned within the District of Barriere if the Ministry of Forests and Range have a burning ban imposed. 2. Any person who lights a fire to dispose of dry garden refuse shall observe the following conditions: (a) the piles of materials to be burned shall not be larger than 1 metre by 1 metre and shall not be more than 1.5 metres high; (b) the fire shall be not less than 4 metres from any log, stumps, snag or standing tree; (c) the fire shall be at least 15 metres from any slash, other flammable debris or from any structure; (d) a round point shovel and a fully charged garden hose or other source of water and not less that 18 litres in capacity shall be kept near the fire at all times; (e) all flammable material shall be removed down to mineral soil for not less than 1 metre in every direction from the perimeter of the fire; (f) the fire shall be attended by at least one competent adult person until completely extinguished; (g) the following material must not be included with debris that is open burned: tires treated lumber plastics railway ties drywall manure demolition waste rubber domestic waste asphalt asphalt products paint hazardous waste fuel & lube containers tar paper biomedical waste (h) the lighting or fueling of a fire during any period of winds strong enough to cause sparks or other burning material to land in any combustible material in the vicinity is prohibited. Any person who contravenes these regulations is subject to the penalty provisions of this bylaw. District of Barriere Fire Regulations Bylaw No. 55 15 SCHEDULE "E" Outdoor Fires - Industrial/Commercial and Lot Clearing In accordance with the Environmental Management Act Open Burning Smoke Control Regulation and Ministry of Forests and Range Wildfire Regulation, open fires are permitted under certain conditions, although it is not encouraged. Those intending to clear lots or undertake industrial/commercial burns are asked to reuse or recycle as much organic and wood waste as possible, instead of burning it. Care is to be taken at all times to ensure that open burning does not occur during periods of atmospheric inversion, or when local weather conditions would be adversely impacted by smoke and air-borne particulates from open burning. Open burning in close proximity to schools, care facilities, and adult and child care facilities is discouraged and other options for disposing of burnable waste should be considered. Refer to the Environmental Management Act Open Burning Smoke Control Regulations. 1. Burning is permitted between dawn and dusk during the period established by the Fire Chief. Open burning is banned within the District of Barriere if the Ministry of Forests and Range have a burning ban imposed. 2. Any person who lights a fire to clear a lot for development, or for the purpose of yard clean up in a commercial or industrial area needs to obtain a permit, and will observe the following conditions: (a) the piles of materials to be burned shall not be larger than 5 meters by 5 meters and shall not be more than 5 meters high: (b) the fire shall be not less than 5 meters from any log, stumps, snag, standing tree or other vegetation; (c) the fire shall be at lest 15 meters from any slash, other flammable debris or any structure; (d) a fuel break shall be constructed around the burn area, or each debris pile; (e) the person responsible for the burn shall take all necessary precautions to ensure the fire is contained within the burn area; (f) while the fire is burning and there is a risk of the fire escaping, the person responsible for the fire shall ensure that the fuel break is maintained, a fire suppression system is available at the burn area (of a type and with a capacity adequate for fire control if the fire escapes), the fire is watched and patrolled by a person to prevent the escape of fire and the person is equipped with at least one fire fighting hand tool, and the fire does not exceed the capacity of the persons, fire fighting tools and heavy equipment on site for timely action to prevent any fire from escaping; and have immediately available some means of communication to alert the owner and or the Fire Department in case assistance is required. (g) if a fire spreads beyond the burn area or otherwise becomes out of control, the person responsible for the fire must carry out fire control immediately, extinguish the fire if practicable, and as soon as practicable, report the fire to the Fire Department; (h) the following material must not be included with debris that is burned; tires treated lumber plastics railway ties drywall manure demolition waste rubber domestic waste asphalt asphalt products paint hazard waste fuel & lube containers tar paper biomedical waste (i) the lighting or fueling of a fire during any period of winds strong enough to cause sparks or other burning material to land in any combustible material in the vicinity is prohibited; (j) a person carrying out a burn as a result of an industrial activity or land clearing must make available to fight the fire sufficient heavy equipment, fire suppression systems, workers and fire fighting hand tools to control the fire. (k) the person responsible for the fire shall ensure the fire is extinguished by the date specified by the Fire Chief or person who issued the burning permit. Any person who contravenes these regulations is subject to the penalties provided in this Bylaw. District of Barriere Fire Regulations Bylaw No. 55 16 SCHEDULE "E" CONT'D. Burning Permit Please address all correspondence to: Fire Chief District of Barriere Box 215 4936 Barriere Town Road Barriere, BC V0E 1E0 (250) 672-9751 __________________, 20__ Permission is hereby granted to: Address: ________________________________________________________________________ Telephone Number:________________ (Home) _______________ (Business) ______________ To burn for ___(#of days) commencing on ________________, 20 at the following street address: I hereby declare that I have read and fully understand the regulations contained in Section 2.33 and Schedule "E" of the "District of Barriere Fire Regulation Bylaw No. 55, and agree to comply with such regulations. Signature of Person Receiving Permit: ____________________________________ __________________________ (Signature) (Date) NOTE: Written approval from the Ministry of Environment is required to be provided to the Fire Chief prior to issuing this permit. ________Yes ________ No Ministry of Environment - Environment Protection Division 1259 Dalhousie Drive, Kamloops BC, V2C 5Z5 Phone: (250) 371-6200 Fax: (250) 828-4000 Approval of the Fire Chief: ______________________ _______________________ (Signature) (Date) A copy of Section 2.33 and Schedule "E" of Bylaw No. 55 is to be provided to the applicant along with the permit. The applicant is also directed to the "Open Burning Smoke Control Regulation" of the Environmental Management Act (BC Reg 145/93) as amended from time to time. A visit to the burn site will be requested at the discretion of the Fire Chief. District of Barriere Fire Regulations Bylaw No. 55 17 SCHEDULE "F" Display Fireworks Permit Application and Approval Form (Site Plan required - please attach to permit application) Name of applicant (printed): Mailing address: Telephone / Fax / E-mail: Supervisor's certificate number: Class: Expiry date: Company (if applicable): Address: Telephone / Fax / E-mail: Sponsoring organization (if applicable): Address: Event location: Date(s): Name of insuring agency: Amount: Address: Telephone / Fax / E-mail: Place and method of fireworks storage on site: Signature of Supervisor in Charge: Date: Permission of local Authority Having Jurisdiction Name (printed): Title: Organization: Address: Telephone / Fax / E-mail: Site plan attached: Yes No Event description attached: Yes No Signature of Authority Having Jurisdiction: Date: Comments: