Fire Protection and Control Bylaw No. 2783, 2011 (consolidated Feb 2025)
Esquimalt, British Columbia
· No. 2783
· adopted 2012-01-16
· summary & facts
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FIRE PROTECTION AND CONTROL BYLAW, 2011, NO. 2783
CONSOLIDATED FOR CONVENIENCE
February 2025
In case of discrepancy, the original Bylaw
or amending bylaw must be consulted.
Consolidates Amendments authorized by
-
Amendment Bylaw [No.1], 2017, No.2911
-
Amendment Bylaw , 2025, 3151
CORPORATION OF THE TOWNSHIP OF ESQUIMALT
BYLAW NO. 2783
A Bylaw to provide for fire protection and control
The Council of the Corporation of the Township of Esquimalt, in open meeting assembled,
enacts as follows:
Title
1.
This Bylaw may be cited as the "FIRE PROTECTION AND CONTROL BYLAW, 2011, NO.
2783."
Definitions
2.
In this Bylaw, unless the context otherwise requires:
"animal organic waste" means solid organic waste material of animal origin and includes
flesh, carcass, offal, hides and feathers.
"apparatus" means any vehicle provided with machinery, devices, equipment or
materials for fire fighting as well as vehicles used to transport fire fighters or supplies.
"approved" means approved and acceptable to the Fire Chief of the Municipality.
"building" means a structure that is used or intended to be used for supporting or
sheltering persons or animals or property, except those prescribed by regulation as
exempted from the Building Code.
"chiminea" means a container made of pottery or metal containing a fire box and flu in a
design for the purposes of burning a solid fuel.
"construction or demolition waste" means woodcuttings, sawdust, packaging, building
materials and other waste items or discarded materials produced in the construction,
repair, renovation, or demolition of a building or structure.
"Council" means the Council of the Corporation of the Township of Esquimalt.
"dangerous goods" means any product, substance or organism which is of a highly
combustible and flammable, or explosive nature, all as set out in the Fire Code and the
National Fire Protection Association (N.F.P.A.) codes and any other material which,
because of the toxic or other inherent characteristics, constitutes a fire hazard or a
hazard to life safety or health and without restricting the generality of the foregoing:
(1)
Includes liquid chlorine, compressed natural gas, liquefied natural gas, liquefied
petroleum gas and other similar substances, and [Bylaw 3151]
(2)
For the purposes of this Bylaw and in conformity with the classification of the
dangerous good in an Act to Promote Public Safety in the Transportation of
Dangerous Goods, as classified as follows:
Bylaw No. 2783
Page 2
Class 1 Explosives, including explosives within the meaning of the Explosives Act.
Class 2 Gases, including compressed gases, liquefied petroleum, liquefied natural gas,
liquefied or dissolved gases under pressure.
Class 3 Flammable liquids and combustible liquids.
Class 4 Flammable solids, including substances liable to spontaneous combustion,
substances that on contact with water emit flammable gases.
Class 5 Oxidizing substances, including organic peroxides, chlorates, nitrates.
Class 6 Poisonous (toxic) and infectious substances.
Class 7 Radioactive materials, including prescribed substances within the meaning of
the Atomic Energy Control Act.
Class 8 Corrosives.
Class 9 Miscellaneous dangerous goods or organisms not included in any of the above
classes.
"domestic incinerator" means a container used in the burning of material in the open air
and serving any dwelling unit occupied by a single-family or two-family dwelling unit.
"equipment" means any tools, contrivances, devices or materials used by the Fire
Department to combat an incident or other emergency.
"Evacuation Order" means the mandatory directive to leave an area immediately due to
an imminent threat to life or injury. The order can be given for both tactical and/or
preventative reasons. [Bylaw 3151]
"Fire Chief" means the person duly appointed as such from time to time by Council and
includes any person appointed by Council as Deputy Fire Chief and also includes any
person appointed by the Fire Chief as Assistant Chief to act on his/her behalf on a
temporary basis from time to time.
"Fire Code" means the B.C. Fire Code and Regulations adopted thereto, and any
amendments as adopted by Order in Council.
"Fire Department" means and includes any member, or officer of the Police Department
authorized by the Fire Chief to act for him and the Fire Department and members of any
other municipal corporation, or of any member of the Fire Department of the
Government of Canada attending at fires within the Municipality.
"Fire Inspector" means an individual designated by a local authority to provide fire
inspections under the Fire Safety Act. [Bylaw 3151]
"Fire Investigator" means an individual designated by a local authority to provide fire
investigations under the Fire Safety Act. [Bylaw 3151]
"Fire Safety Act" means the provincial legislation, effective August 1, 2024, which
outlines fire safety by streamlining inspections, evacuation orders, and
Bylaw No. 2783
Page 3
enforcement, while supporting local governments and updating the BC Fire Code. [Bylaw
3151]
"Fire Services Act" means the Fire Services Act, R.S.B.C. 1996, C.144 and all
Regulations passed thereunder, and amendments thereto as adopted by the Province of
British Columbia.
"foreshore" means the area of land lying between the low water mark and the high water
mark of the ocean.
"garbage" means refuse from a household including meat, vegetable matter, egg shells,
plastics and packaging.
"garden refuse" means refuse from the garden, including decaying vegetable matter,
leaves or branches.
"gas regulatory authority" means the Ministry which provides for an inspection service
and has the authority to require an inspection of regulated work in respect of gas in an
area of British Columbia.
"incident" means a fire, building collapse, or a situation where a fire, building collapse or
explosion is imminent, and includes a rescue, a threat to life situation and a call for
assistance.
"Local Authority" means the Council of a municipality, which for this bylaw is the
Township of Esquimalt. [Bylaw 3151]
"member" means any person or officer that is duly appointed by the Fire Chief as a
member of the Fire Department and is an employee of the Municipality.
"Monitoring Authority" means the Council of a municipality, which for this bylaw is the
Township of Esquimalt. [Bylaw 3151]
"Municipality" means the Corporation of the Township of Esquimalt.
"Officer" means Deputy Chief, Assistant Fire Chief, Captain or Lieutenant of the Fire
Department. [Bylaw 3151]
"Officer in Command" means the highest ranking officer in attendance at an incident, or
in the absence of an officer, the most senior member in attendance at the incident.
"opacity" is the degree to which the visibility of the background, viewed through the
plume of smoke, is reduced.
"owner" means, in respect of any real property, the registered owner of an estate in fee
simple, and in the event of there being registered a life estate includes the tenant for life.
In the event that there is registered an agreement for sale and purchase, "owner" shall
mean the registered holder of the last registered agreement for sale and purchase.
"open air burning" and "in the open air" means any burning of any kind, of any material,
for any purpose that takes place outside of a building, structure, accessory building or
commercial establishment.
"peace officer" means the Fire Chief or any person employed by the Municipality as a
Bylaw No. 2783
Page 4
Bylaw Enforcement Officer or any Municipal Police Officer or member of the RCMP.
"permit" means a document issued pursuant to this Bylaw authorizing a person to carry
on a procedure or undertaking under specified terms and conditions.
"person" includes a corporation, partnership or party, and the personal or other legal
representatives of a person to whom the context can apply according to the law.
"premises" means any of the following:
(a) a private dwelling;
(b) a public building;
(c) the parcel of land on which a private dwelling or public building is located;
(d) a motor vehicle within the meaning of the Motor Vehicle Act, railway vehicle,
aircraft, vessel or other means of transportation. [Bylaw 3151]
"private dwelling" means the following:
(a) a structure that is occupied as a private residence;
(b) if only part of a structure is occupied as a private residence, that part of the
structure;
(c) any other structure located on the parcel of land on which a private residence is
located, except for a structure:
i.
to which the public is ordinarily invited or permitted access, or
ii.
that is used for commercial, industrial or institutional purposes. [Bylaw 3151]
"public dwelling" means the following:
(a) a building other than a private dwelling including daycares and short-term rentals;
(b) a structure:
i.
to which the public is ordinarily invited or permitted access, or
ii.
that is used for commercial, industrial or institutional purposes;
(c) a facility, including a storage yard or tank farm. [Bylaw 3151]
"solid fuel burning device" means a device that burns wood, coal or any other non-
gaseous or non-liquid fuels, and includes any device burning any solid fuel used for
aesthetic or space heating purposes within a private residence or commercial
establishment or accessory building, and includes a fireplace, wood stove, chiminea,
fireplace insert or wood heater.
"treated wood" means wood of any species that has been chemically impregnated,
painted or similarly modified, or milled or processed lumber.
PART I - ADMINISTRATION
Application
3.
This Bylaw and the provisions contained herein, as may be amended from time to time,
shall apply throughout the boundaries of the Municipality.
Fire Department
4.
The Fire Department of the Municipality as established by the Council is hereby
confirmed and continued pursuant to Section 8 of the Community Charter.
Bylaw No. 2783
Page 5
Fire Department Responsibilities
5.
The Fire Department is authorized to:
(1) Take all proper measures to prevent, control and extinguish fires;
(2) Provide assistance in response to:
(i)
medical emergencies
(ii)
land rescue operations
(iii)
requests for aid from other fire services and rescue operations
(iv)
hazardous materials incidents; and
(v)
requests for public service.
(3) The Fire Chief and/or Officer in Command may, in his or her sole discretion, restrict,
delay, modify or terminate emergency assistance and response due to available
Department Resources and/or Priorities. [Amendment Bylaw [No.1], 2017, No. 2911]
(4) Notwithstanding the list of Fire Department Responsibilities as authorized in
accordance with this Bylaw or Council Policies, the Department shall undertake only
those emergency response activities for which its responding Members are properly
trained and equipped. The Fire Chief and/or Officer in Command may, in his or her
sole discretion, restrict or terminate emergency response activities in any
circumstances where the Incident is considered to exceed the training or capabilities
of the responding Members or Apparatus available to them. . [Amendment Bylaw [No.1],
2017, No. 2911]
Fire Chief
6.
The position of Fire Chief as established by the Council is hereby confirmed.
Responsibilities and Duties of Fire Chief
7.
The Fire Chief is responsible for the efficient management of the Fire Department
including the members, property, apparatus and equipment and for the provision of fire
prevention and protection services to the Municipality.
8.
The Fire Chief shall ensure that the Fire Department is staffed with trained members in
accordance with Council policy and direction and applicable legislation and regulations.
9.
The Fire Chief shall establish rules, regulations and policies necessary for the proper
organization, administration and operation of the Fire Department including but not
limited to:
(1)
the use, care and protection of Fire Department property, apparatus and
equipment;
(2)
the safe and efficient operation of the Fire Department; and
(3)
the recruitment, training, conduct, discipline and, subject to prior approval by the
Municipality's Chief Administrative Officer, termination of Officers and members
of the Fire Department.
Bylaw No. 2783
Page 6
10.
The Local Authority is responsible for all fire protection and prevention matters including
the enforcement of this Bylaw. [Bylaw 3151]
11.
In accordance with Section 66 of the Community Charter, the Fire Chief is hereby
authorized to exercise the following powers:
(1)
enter on property and inspect premises for conditions that may cause a fire,
increase the danger of a fire or increase the danger to persons or property from
a fire;
(2)
take measures to prevent and suppress fires, including the demolition of
buildings and other structures to prevent the spreading of fire;
(3)
require an owner or occupier of real property to undertake any actions directed
by the Fire Chief for the purpose of removing or reducing any thing or condition
that the Fire Chief considers is a fire hazard or increases the danger of fire. [Bylaw
3151]
(4)
[Removed per Bylaw 3151]
12.
The Fire Chief is responsible for reviewing applications for building and development
permits to ensure compliance with the Fire Code.
.
Designation of Inspection and Investigation Duty to Fire Chief and Officers
13.
The Monitoring Authority will utilize a risk-based compliance monitoring system for public
buildings and operate a pro-active fire inspection model in compliance with the Fire
Safety Act. [Bylaw 3151]
System of Inspection of Buildings and Premises
14.
Council hereby designates the Fire Chief as responsible for establishing and maintaining
a regular system of inspections and timely fire investigations in the Municipality in
accordance with the Fire Safety Act. These duties may be delegated, at the Fire Chief's
discretion, to any qualified Deputy Chief, Assistant Chief, Captain, or Lieutenant. [Bylaw
3151]
Appointment and Accountability of Officers and Members
15.
(1)
The Fire Chief and Deputy Fire Chief shall be appointed by Council.
(2)
Officers shall be appointed by the Fire Chief, as vacancies occur or as needs
dictate, and subject to compliance with the approved Municipal financial plan.
16.
All Officers are responsible for ensuring that all applicable Municipal Bylaws and Fire
Department policies, procedures, rules and regulations are complied with by members.
Fire Chief May Appoint Assistant Chiefs
17.
The Fire Chief may appoint any Officer as Assistant Chief on a temporary basis from
time to time to act on his/her behalf in his/her absence.
Bylaw No. 2783
Page 7
Jurisdiction of Fire Department
18.
The limits of the jurisdiction of the Fire Chief, and the officers and members of the Fire
Department, will extend to the area and boundaries of the Municipality, and no part of
the Fire Department apparatus shall be used beyond the limits of the Municipality
without:
(1)
the express authorization of a written contract or agreement providing for the
supply of fire fighting and rescue services outside the Municipal boundaries;
[Bylaw 3151]
(2)
the approval of Council; or
(3)
in an emergency, the approval of the Mayor or Acting Mayor.
PART 2 - FIRE PROTECTION
Control, Direction and Management at Incident
19.
The Fire Chief, or any Officer in Command, shall have control, direction and
management of all Fire Department apparatus, equipment, and members assigned to
an incident and, where an Officer in Command is in charge, he/she shall continue to act
until relieved by a senior officer.
Authorization to Enter onto Premises and Property
20.
The Fire Chief, or any Officer in Command, is empowered to enter in or upon premises
or property where an incident occurred or where an alarm of an incident has been
received or which the Fire Chief or Officer in Command has reasonable grounds to
suspect that an incident exists, with our without permission from the owner or occupier
and to cause any member, apparatus or equipment of the Fire Department to enter and
to take whatever action or measures he/she deems necessary in order to investigate,
combat, control or deal with the incident.
21.
The Fire Chief and any Officer in Command is empowered to enter, pass through or
over buildings or property adjacent to an incident and to cause any member 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.
Obstruction of Fire Department in Performance of its Duties
22.
No person shall impede, obstruct, abuse or in any way hinder the Fire Chief, any Officer
in Command, or any Officer or member of the Fire Department in attendance at any
incident, or any other person under the direction of the Fire Chief or Officer in
Command in the performance of their duties.
23.
No person shall refuse to permit the Fire Chief or anyone under the direction of the Fire
Chief from entering upon any building or property for the purpose of:
(1)
making an inspection or investigation for conditions which may cause a fire,
Bylaw No. 2783
Page 8
increase the danger of a fire or increase the danger to persons, or
(2)
making an inspection to ensure any flammable matter is rendered harmless or
suitably safeguarded against fire.
Orders and Direction
24.
The Fire Chief and any Officer or Command may make such orders or give such
direction as are deemed in his/her discretion to be reasonably necessary to ensure any
flammable matter is rendered harmless or suitably safeguarded against fire.
Failure to Comply with Order or Direction
25.
Any person who fails to comply with an order or direction of the Fire Chief, any Officer in
Command, or any Officer or member of the Fire Department engaged at any incident,
may be forcibly removed from the scene of any such incident by a peace officer, Officer
or member of the Fire Department.
Evacuation of Buildings
26.
(1)
The Officer in Command is empowered to order the evacuation of any building
that is directly involved with fire or other risk to life.
(2)
The Fire Chief is empowered to order the tactical evacuation of any building,
structure, property or area which in his/her opinion is endangered by fire or other
risk to life. [Bylaw 3151]
(3)
In such case no person, other than the preventative Fire Chief, the Officer in
Command, an Officer or member of the Fire Department, peace officer, or other
person authorized by the preventative Fire Chief or Officer in Command, shall
remain in or shall enter such building, structure, property or area. [Bylaw 3151]
Demolition of Adjacent Buildings
27.
The Fire Chief at any incident, is empowered to cause a building, structure or thing to
be pulled down, demolished, or otherwise removed if he/she deems it necessary to
prevent the spread of an incident to any other building, structure or thing, or to protect
any person.
Commandeering of Privately Owned Equipment
28.
The Fire Chief at any incident is empowered to commandeer privately owned equipment
which he/she considers necessary in order to deal with such incident.
Access for Fire Fighting
29.
No person shall obstruct or otherwise interfere with access roads or streets or other
approaches to any incident, fire hydrant, cistern or body of water designated for fire
fighting purposes.
Duty to Provide Assistance
30.
The Fire Chief or any Officer in Command may order any person to assist in the fighting
of any fire or in the preserving of any property threatened by an incident, or to assist in
Bylaw No. 2783
Page 9
the salvaging and safeguarding of property so threatened.
Impeding Fire Department Equipment
31.
No person shall obstruct, impede or interfere with any Fire Department apparatus or
equipment while responding to or while engaged in the prevention, control or
extinguishment of an incident.
Interference with Access to Buildings or Premises
32.
(1)
No person shall sit or stand or place or leave any article, thing or matter, in such
a manner as to interfere with the means of ingress or egress within or outside any
building or premises.
(2)
No person shall, except as authorized by the Fire Chief or Officer in Command, at
an incident:
a) enter any building, structure or premise threatened by an emergency
incident;
b) enter within an area designated by guards, tapes or ropes erected by or
under the direction of a peace officer or member; or
c)
refuse to move from such designated area when directed to do so by a
peace officer or member. . [Amendment Bylaw [No.1], 2017, No. 2911]
Duty of Owners or Occupiers
33.
The owners or occupiers of any real property shall remove any matter or thing from a
building or premises which constitutes a fire hazard and shall maintain and clean
chimneys, flues and other apparatus or things in order to reduce the risk of fire.
Vacant Buildings
34.
The owner of any vacant building in the Municipality shall at all times keep the building
free from debris and flammable material, and shall keep all openings in the building
securely closed and fastened so as to prevent the entry of unauthorized persons.
Containers for Collection of Combustible Refuse
35.
(1)
All containers used for the collection of combustible refuse in quantities
exceeding 140 litres shall be constructed entirely of solid sheet non-combustible
material.
(2)
Each container shall have easy closing lids that must be operational at all times.
(3)
Containers shall be located at least 3 metres from any building or fuel supply
tank unless otherwise approved by the Fire Chief.
(4)
Containers equipped with self-closing lids may be located within 1 metre of a
building or fuel supply tank.
Fire Safety Plans
36.
Where the Fire Code requires the owner of a property to establish fire emergency
Bylaw No. 2783
Page 10
procedures and prepare and maintain a fire safety plan, the owner shall submit to the
Fire Department a detailed fire safety plan, together with a record of emergency systems
installed within a building and the applicable fee as set out in Schedule A hereof, for
review and approval prior to implementation of such plan.
False Alarms
37.
No person shall, without reasonable cause, make or circulate or cause to be made or
circulated, any alarm of fire by outcry, ringing of bells, sounding of alarms or otherwise.
PART 3 - CONTROL OF BURNING
Burning Restrictions
38.
(1)
No person shall at any time within the Municipality light, ignite, start or maintain,
or knowingly permit, allow or cause to be lit, ignited, started or maintained, any
fire of any kind whatsoever in the open air or in an appliance, container or device
in the open air, without first having obtained a permit from the Fire Chief.
(2)
Except as provided in this Bylaw, no person shall burn any of the following
materials in a solid fuel burning device, a domestic incinerator or in an open air
fire:
(i)
treated wood
(ii)
plastic or rubber products
(iii)
garbage
(iv)
garden refuse
(v)
construction or demolition waste
(vi)
animal organic waste
(vii)
paints or solvents
(viii) paper products, other than to start a fire;
(ix)
dangerous goods; or
(x)
fireworks. [Bylaw 3151]
(3)
The burning of construction or demolition waste is prohibited.
(4)
The Fire Chief may issue a permit on such terms and conditions he/she feels are
reasonably necessary for the protection of safety for open air fires for the
purpose of:
(i) disease and pest control;
(ii) fire suppression training;
(iii) ethnic and cultural observances; and
(iv) special events.
(5)
The Fire Chief may, where he/she deems it expedient to do so, order that no
burning is to occur within the Municipality for an indefinite or a specified period of
time, and any previously issued permits cease to be effective as of the date of
such order.
(6)
Notwithstanding clause (1), an outdoor appliance that uses charcoal briquettes or
is fueled by and burns natural gas or propane, for residential use only is
permitted without a permit provided that it sits on a firm non-combustible base.
Bylaw No. 2783
Page 11
(7)
This Bylaw shall not apply to burning by the Municipality for municipal purposes
or Fire Department training, or to the burning of natural gas or propane in an
appliance or device that is regulated by the gas regulatory authority.
Supervision and Control
39.
Any person in the possession of a valid and existing permit issued by the Fire Chief
shall ensure that a competent person is at all times in charge of and supervising such
fire until the fire is completely extinguished, and shall provide such person with sufficient
labour, apparatus and equipment to effectively prevent the fire from getting beyond
control or causing damage or becoming dangerous to life or property.
Distance Requirement
40.
No person shall permit any fire to be located within 6 metres of any building or within 1
metre of any shrubbery, tall grasses, fence, or other combustible material.
Nuisances from Emission of Smoke and Ash
41.
(1)
No person shall cause or allow burning to continue where such burning
constitutes an interference with, or obstruction of, a person's reasonable and
comfortable use and enjoyment of property through the emission of offensive,
annoying, unpleasant or obnoxious smoke or ash.
(2)
No person shall permit the emission of smoke of such opacity as to obscure an
observer's view of the background through the smoke to a degree of greater
than 20%.
(3)
The Fire Chief may order the suppression of any fire, and in the event such
person to whom the order was issued fails to comply with such order to the
satisfaction of the Fire Chief, the Fire Chief may cause such fire to be
immediately suppressed and the costs of doing so shall be paid by the person
to whom the order was issued.
Fires on the Foreshore
42.
[Removed per Amendment Bylaw [No.1], 2017, No. 2911]
Dangerous Goods
43.
Where the Fire Chief or Officer in Command is satisfied on reasonable and probable
grounds that a discharge, emission or escape of dangerous goods has occurred and
that immediate action is necessary in order to carry out any reasonable emergency
measures, he/she may take any such measures or request that any such measures be
taken by any person he/she considers qualified to do so.
44.
It is the duty of the occupier, or if none, the owner of the property, building, premises,
motor vehicle, vessel or railway rolling stock, to report immediately to the Fire Chief
when an explosion, discharge, emission, escape or spill of dangerous goods occurs and
to similarly report to the Fire Chief where the potential for an explosion or a discharge,
Bylaw No. 2783
Page 12
emission, escape or spill of dangerous goods exists by reason of abnormal or unusual
circumstances.
PART 4 - PERMITS, INSPECTIONS AND FEES
Schedule of Fees
45.
The fees as set out in Schedule A hereof, which forms part of this Bylaw, shall be
applicable to the provision of services and issuance of permits as set out in this Bylaw,
and such applicable fees shall be payable at the time of application for permits or
immediately upon receipt of an invoice from the Municipality.
Oil Burning Equipment
46.
(1)
No person shall install, alter or remove an oil burner, oil burning equipment or
oil tank without first having obtained a permit to do so issued by the Fire Chief.
(2)
No permit required by this Bylaw shall be issued to any person, tenant, occupier
or owner of any premises or any installer for the installation, removal or alteration
of any oil burner, oil burning equipment or oil tanks until the permit fees and
applicable inspection charges set out in Schedule A have been paid to the
Municipality.
(3)
No person shall install used, modified, or repurposed oil tanks as part of a new or
upgraded oil burning or home heating system. . [Amendment Bylaw [No.1], 2017, No.
2911]
Investigation of Fires
47.
Pursuant to the Fire Safety Act, in every instance that a fire investigator conducts a fire
investigation, the applicable fee set out in Schedule A hereof will be charged to the
owner for fire investigation services. [Bylaw 3151]
PART 5 - ENFORCEMENT
48.
The Fire Chief may remove or seize any item that in his/her opinion will prevent the
continuation of any non-compliance with any terms of this Bylaw.
Issuance of Order
49.
(1)
Where the Fire Chief finds that any provision of this Bylaw has been contravened
or has not been complied with or that conditions exist in or upon a building,
premises or property 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 as deemed necessary to ensure compliance with this Bylaw or the
elimination of the hazard.
(2)
An order under this Bylaw shall be in writing and shall be directed to either the
owner, occupier or lessee of the building, premises or property in respect of
which the order is made, or to both.
(3)
Where an owner or occupier or lessee fails to comply with any order made
Bylaw No. 2783
Page 13
pursuant to this Bylaw, the Municipality may cause the order to be carried out
and the costs of such shall be paid by the owner, occupier or lessee to whom the
order was issued.
(4)
Any expenses incurred by the Municipality in carrying out an order, if not paid by
the owner, occupant or lessee to whom the order was issued within 30 days of
being invoiced therefore by the Municipality, may be recoverable in the manner
provided by Sections 258 and 259 of the Community Charter.
Service of Order
50.
An order made under this Bylaw shall be served by:
(1)
Delivering or causing it to be delivered personally to the person to whom it is
directed;
(2)
Sending the order by registered mail to the last known address of the person to
whom it is directed; or
(3)
Posting a copy in a conspicuous place on the building, premises or property to
which it relates, if the person to whom it is directed cannot be found, is not known
or refuses to accept service of the order personally or by registered mail.
Removal of an Order
51.
Where an order has been duly issued and posted pursuant to this Bylaw, no person may
remove, deface, cover or destroy the order.
False Representation
52.
No person shall falsely represent themselves as an Officer or member of the Fire
Department.
Offence and Penalty
53.
Any person who violates any provision of this Bylaw, or who suffers, causes or permits
any act or thing to be done in contravention of this Bylaw, or who neglects to do or
refrains from doing any act or thing which is required to be done by any of the provisions
of this Bylaw, is guilty of an offence.
54.
Every person convicted of an offence under this Bylaw shall be liable upon summary
conviction to a fine. [Bylaw 3151]
55.
Where any violation continues, each day in which it continues shall be deemed to be a
separate offence.
Repeal
56.
The "FIRE PROTECTION AND REGULATION BYLAW, 1989, NO. 1898," and
amendments thereto, are hereby repealed.
Bylaw No. 2783
Page 14
Read a first time on the
12th day of December, 2011.
Read a second time on the 12th day of December, 2011.
Read a third time on the
12th day of December, 2011.
ADOPTED on the 16th day of January , 2012.
_____________________________________
_____________________________
BARBARA DESJARDINS
ANJA NURVO
MAYOR
CORPORATE OFFICER
Bylaw No. 2783
Page 15
Schedule "A" [Bylaw 3151]
FIRE PROTECTION AND CONTROL BYLAW, 2011, NO. 3151
FEES
(1)
Permit for installation, alteration or removal of oil burner, oil burning
equipment or oil tank, including inspection fees $100.00
(2)
Any required re-inspection of permit issued under clause (1) $75.00
(3)
Written report requested for oil burner, oil burning equipment or oil
tank inspections $150.00
(4)
Review of a new fire safety plan
$250.00
(5)
Review of an existing or amended fire safety plan
$150.00
(6)
Review of plans for building and development permit $350.00
(7)
Inspections requested for the purposes of purchase, sale, financing
or refinancing of any building or property $225.00
(8)
Written report requested for the purposes of purchase, sale,
financing or refinancing of any building or property $150.00
(9)
Request for research/creation of document $100.00/hour
(10)
Fire Investigation - for each fire investigator, in excess of initial
2-person hours $100.00/hour
(11)
Permit for fire on the foreshore
$20.00
(12)
Regularly Scheduled Fire Inspection $0.00 (no
charge)
PENALTIES
(13)
Each reinspection due to failed regularly scheduled inspection $150.00
(14)
Failure to comply with provisions in Bylaw Up to
$2000/day
(15)
Failure to comply with an Evacuation Order
-
Individual Up to $25,000
-
Corporation Up to $50,000