Council agenda Oct 21, 2024 - Bylaw 862 Fire Services Bylaw (first three readings)

Fraser Lake, British Columbia · No. 862 · summary & facts

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VILLAGE OF FRASER LAKE REGULAR MEETING OF COUNCIL AGENDA Date: October 21, 2024 Time: 3:00 PM Location: 210 Carrier Crescent, Fraser Lake, B.C. Municipal Chambers Pages 1. Adoption of the Agenda Recommendation: THAT Council adopt the agenda as presented. 2. Bylaws 1. Bylaw 862, Fire Services Bylaw 2 Recommendation: THAT Council give first, second, and third reading to Bylaw 862, Fire Services Bylaw. 3. In Camera 4. Adjournment Recommendation: THAT The meeting be adjourned. VILLAGE OF FRASER LAKE BYLAW NO. 862, 2024 BEING A BYLAW OF THE VILLAGE OF FRASER LAKE TO ESTABLISH THE FIRE DEPARTMENT, FIRE SERVICE LEVELS, AND FIRE REGULATIONS The Council of the Village of Fraser Lake in open meeting assembled enacts as follows: 1. GENERAL ADMINISTRATION a) TITLE This Bylaw may be cited as "Bylaw 862, Fire Service Bylaw". b) REPEAL a) Village of Fraser Lake Fireworks Regulation By-Law No. 405, 1991, and any amendments thereto, are hereby repealed. b) Village of Fraser Lake Fire By-Law No. 497, 1996, and any amendments thereto, are hereby repealed. c) Village of Fraser Lake Outdoor Solid Fuel Combustion Appliances Bylaw 692, 2008, and any amendments thereto, are hereby repealed. d) Village of Fraser Lake Fire Department Service Level Bylaw No. 780, 2016, and any amendments thereto, are hereby repealed. c) SEVERABILITY If one or more provisions of this Bylaw are, for any reason, declared to be invalid by a court of competent jurisdiction, the invalid provision shall be severed, and all remaining provisions shall remain in full force and effect. d) APPLICATION a) This Bylaw and the accompanying jurisdiction of the Fire Department extend to the geographical boundaries of the Village, as amended from time to time. b) No fire Apparatus will be used beyond the limit of the boundaries without: (i) A Mutual Aid Agreement or Service Agreement providing for the supply of fire protection services outside of the Village boundaries; (ii) The express authorization of Council, or; (iii) A legislative requirement or authorization by the Province of British Columbia. c) Notwithstanding Section 1.4.(a), in the event of a significant emergency or threat to the Village, Regional District of Bulkley-Nechako Area D, or neighbouring community, it shall be at the Fire Chief's discretion to allow for response outside any existing boundaries. Page 2 of 8 2. INTERPRETATION a) Except as otherwise defined in this Bylaw, words and phrases in this Bylaw are to be interpreted consistently with the British Columbia Building Code, Fire Code, Fire Safety Act, Community Charter, and the Interpretation Act. 3. DEFINITIONS Apparatus Any vehicle provided with machinery, devices, equipment, or materials for firefighting, first response, medical aid, or rescue by the Fire Department, including vehicles that are property of the Fire Department used to transport fire fighters or supplies but not including personal vehicles used by volunteer Members to travel to the fire station when responding to a call Council The elected Council of the Village of Fraser Lake Campfire An open, outdoor fire not exceeding 0.5 metres in diameter or height, and is lit, fueled, or used by any person for a recreational purpose Consumer Fireworks Low-hazard firework articles designed for recreational use by and for sale to the public Display Fireworks High-hazard firework articles for use by certified professionals Equipment Any tools, contrivances, devices, or materials used by the Fire Department to combat and assist at an incident or other emergency Fire Department The Village of Fraser Lake Volunteer Fire Department Fire Protection All aspects of fire safety including but not limited to fire prevention, fire fighting or suppression, pre-fire planning, fire investigation, public education and information, training, or other staff development and advising Fireworks Any article containing a combustible or explosive composition, or any substance or combination of substances prepared for, capable of, or discharged for the purpose of producing a pyrotechnical display and/or explosion. This does not include flares, fuses, or similar pyrotechnic devices when used for signaling purposes or illumination in the event of an emergency. Incident A fire, explosion, or any event or situation that may constitute a threat to life, property, the environment, or any combination thereof, to which the Fire Department has attended Inorganic Material Any material that is not yard waste, wood or wood products, or paper or paper products Member Any person duly appointed to the Fire Department Mutual-Aid Agreement An agreement between two or more jurisdictions to provide response on behalf of the respective Fire Departments Nuisance An unreasonable interference with personal health, safety, or comfort of an individual and/or their use or enjoyment of their property, and without limitation, includes the emission of smoke Page 3 of 8 Officer Includes the Fire Chief and any Member acting in the capacity as a supervisor or designated by the Fire Chief as an Officer Service Agreement An agreement between the Village and any entity outside of the jurisdiction of the Fire Department to provide Fire Protection services Village The Corporation of the Village of Fraser Lake 4. ESTABLISHMENT The Fraser Lake Volunteer Fire Department, as previously established and identified, is hereby continued under this Bylaw. 5. FIRE CHIEF a) The Fire Chief shall be appointed by a resolution of Council. b) The Fire Chief shall report to the Chief Administrative Officer. c) The Fire Chief is responsible and accountable for: i. The management and supervision of the Fire Department, including all buildings, Apparatus, Equipment, Members, and Officers ii. The Training of Members iii. The administration and enforcement of this Bylaw iv. The duties of a Fire Inspecter, as defined in Section 8 of the Fire Safety Act v. The duties of a Fire Investigator, as defined in Section 23 of the Fire Safety Act vi. Providing Fire Protection services within the boundaries and jurisdiction established in Section 1.4 vii. Providing other safety and life-saving services regardless of jurisdiction as authorized by Council and any other enabling legislation d) The Fire Chief may exercise the following powers: i. Enter any property within the jurisdiction at any reasonable time to inspect the premises ii. Take all measures deemed necessary and legal for the prevention, control, and extinguishing of fires and for the protection of life and property iii. Institute a ban on all outdoor fires or specific types of fires at any time iv. Provide advice and recommendations to Council and other Village employees regarding any Equipment, Apparatus, and the provision of adequate water supply and pressure. 6. MEMBERS AND OFFICERS a) The Fire Chief may: i. Appoint and regulate Members of the Fire Department ii. Appoint any Member of the Fire Department as an Officer and may designate that Member to act as the Fire Chief in the Fire Chief's absence. b) In the absence of the Fire Chief or any appointed Officer to act in their place, Members may act in place of the Fire Chief and/or take command of an Incident. Page 4 of 8 c) All Members and Officers are, during any Incident, authorized to access and use any property, Apparatus, or Equipment for which they are trained and are deemed necessary and legal for the prevention, control, and extinguishing of fires and for the protection of life and property d) Council may, on the advice of the Fire Chief, establish minimum membership in the Fire Department for continued operations and maximum membership prior to waitlisting applicants. 7. REMUNERATION The rates of remuneration for the Fire Chief, Officers, and Members shall be established by Council. 8. SERVICE LEVEL The Fire Department is authorized to provide Incident response activities in accordance with and subject to the limitations of the Exterior Operations Level, as determined by the Office of the Fire Commissioner. 9. PERMITS, EXEMPTIONS, AND PROHIBITIONS a) PERMITS Unless otherwise exempted by this Bylaw: i. All outdoor fires or other outdoor activities which may reasonably be considered likely to ignite a fire require a valid permit from the Village ii. The Permitting Officers for the Village will be: a) The Fire Chief b) Any other Member designated by the Fire Chief c) Any other Village staff person designated by the Fire Chief iii. Permits will be in a form prescribed by the Fire Chief iv. No permit will be issued until a complete application has been submitted v. Permits may be issued for: a) Category 1 fires (campfires and yard waste fires) b) Category 2 Open Fires (material not exceeding 2 metres high and 3 metres wide) c) Fireworks, subject to Section 9 vi. The Permitting Officer may inspect for compliance any material for which a permit application has been submitted prior to issuing any permit vii. The Permitting Officer may deny or revoke a previously approved permit at any time if: a) There is demonstrable risk of the fire burning out of control or otherwise spreading b) There are inorganic materials present, save for a reasonable and safe amount of fire accelerant required to ignite the fire c) The fire is a Nuisance to the Village and its residents d) The applicant does not abide by this Bylaw or any other stipulation in the permit viii. All permitted fires must be attended by a responsible adult at all times ix. No Category 1 or 2 burning is permitted between the hours of 10:00PM and 7:00AM Page 5 of 8 b) EXEMPTIONS The following activities are allowed without a permit: Indoor fires whose primary purpose is heating a home or business, provided they do so using approved, maintained, and certified appliances c) PROHIBITIONS Prohibited fires, appliances, and related activities include: i. Outdoor solid fuel combustion appliances ii. Category 3 or 4 fires iii. Any fire or activity resulting in the burning of any inorganic materials iv. Any fire or activity subject to a municipally or provincially mandated fire ban 10. FIREWORKS a) SALE No person shall sell or otherwise distribute Fireworks within the Village b) CONSUMER FIREWORKS i. Consumer Fireworks are permitted only at White Swan Park ii. Consumer Fireworks are permitted from 6:00PM to 10:00PM, with the exception of New Year's Eve, where they will be permitted until 12:15AM iii. Once lit, Consumer Fireworks must be at least 5 metres from the nearest structure, person, tree, or animal and aimed away from any structure, person, tree, or animal. iv. All permit applications for Consumer Fireworks must be received at least 3 business days prior to their use to allow for public notice v. Consumer Fireworks permits may be denied or revoked at any time if the activity is deemed dangerous or a Nuisance by the Permitting Officer c) DISPLAY FIREWORKS i. Display Fireworks are permitted anywhere in the Village ii. Any permit for Display Fireworks will require the names, contact details, and official certification for all personnel involved in the display iii. All permit applications for Display Fireworks must be received at least 10 business days prior to their use to allow for public notice and appropriate planning iv. Display Fireworks permits may be denied or revoked at any time if the activity is deemed dangerous or a potential nuisance by the Permitting Officer 11. FIRE HYDRANTS a) No person may park any vehicle at any time within 5 metres of a fire hydrant. b) This provision does not apply to any municipal employee or contractor performing necessary maintenance or upgrades to or around the fire hydrant. Page 6 of 8 c) Any motor vehicle left parked, stopped, or standing in violation of this section may be towed and impounded in the storage area of a towing company with a secure compound, and reclaimed at the owner's expense. d) Any person on whose property a fire hydrant is located must keep the fire hydrant clear of obstructions, debris, and shrubs or trees at a radius of 1 metre around the fire hydrant 12. FIRE ALARMS a) No person shall intentionally activate a fire alarm unless: i. There is a fire ii. The person reasonably believes there is a fire or other Incident for which the Fire Department is required to respond iii. The activation is carried out for testing purposes by persons authorized to do so b) Any owner or occupant of a structure which contains an automatic fire alarm system will inform the Fire Chief prior to any service, testing, repair, or maintenance which might activate a false alarm resulting in an emergency response. 13. ENFORCEMENT a) Any person designated as a Bylaw Enforcement Officer as per Section 20 of Bylaw 856, Bylaw Enforcement Bylaw, is authorized to enforce the provisions of this Bylaw by Bylaw Notice, or as otherwise provided by this Bylaw. b) Any person who contravenes this Bylaw is subject to the penalties, as amended from time to time, in Bylaw 856, Bylaw Enforcement Bylaw. Page 7 of 8 That Bylaw 856, Bylaw Enforcement Bylaw be amended as follows: 1. by adding the following table to Schedule A: Bylaw 862, Fire Services Bylaw Bylaw Section Description A1 Penalty A2 Early Payment A3 Late Penalty A4 Compliance Agreement Available 862 8.1(a) Unpermitted outdoor fire $400 $200 $500 Yes 862 8.1(g)(ii) Burning inorganic materials $200 $100 $400 No 862 8.1(g)(iii) Nuisance fire $100 $50 $200 Yes 862 8.1(h) Unattended fire $400 $200 $500 No 862 8.1(i) Burning outside permitted hours $400 $200 $500 Yes 862 8.3(b) Fire larger than permitted $400 $200 $500 Yes 862 8.3(d) Burning while under a fire ban $500 $250 $500 No 862 9.1 Sale or distribution of fireworks $400 $200 $500 Yes 862 9.2(a) Fireworks outside permitted area $200 $100 $400 Yes 862 9.2(b) Fireworks outside permitted hours $200 $100 $400 Yes 862 9.2(c) Fireworks too near structures, people, trees, or animals $400 $200 $500 No 862 10.1 Parking within 5 metres of a fire hydrant $200 $100 $300 Yes 862 11.1 Unwarranted fire alarm $200 $100 $300 Yes 862 11.2 Service, repair, test, or maintenance of fire alarm without informing Fire Chief $200 $100 $300 Yes READ A FIRST TIME THIS ___ DAY OF OCTOBER, 2024 READ A SECOND TIME THIS ___ DAY OF OCTOBER, 2024 READ A THIRD TIME THIS ___ DAY OF OCTOBER, 2024 RECONSIDERED AND ADOPTED THIS ___ DAY OF OCTOBER, 2024 Mayor Corporate Officer Page 8 of 8