Highlands, British Columbia
· No. 474
· adopted 2025-12-08
· summary & facts
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DISTRICT OF HIGHLANDS
BYLAW NO. 474
A BYLAW TO PROVIDE FOR FIRE PROTECTION AND CONTROL
The Council of the District of Highlands, in open meeting assembled, enacts as follows:
1.
Citation
This Bylaw may be cited as " Fire Control and Protection Bylaw No. 474, 2025".
2.
Definitions
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 District of Highlands.
"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:
a) Includes liquid chlorine, compressed natural gas, liquefied natural gas, liquefied
petroleum gas and other similar substances, and
Fire Control and Protection Bylaw No. 474, 2025
Page 2
b) 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:
- 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.
"District" means the District of Highlands.
"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.
"Fire Chief" means the person duly appointed as such from time to time by Council 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 Control and Protection Bylaw No. 474, 2025
Page 3
"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 Safety Act" means the provincial legislation, effective August 1, 2024, which
outlines fire safety by streamlining inspections, evacuation orders, and enforcement,
while supporting local governments and updating the BC Fire Code.
"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
District of Highlands.
"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
District of Highlands.
"Officer" means Deputy Chief, Assistant Fire Chief, Captain or Lieutenant of the Fire
Department.
"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 a registered agreement for sale and purchase, "owner"
shall mean the registered holder of the last registered agreement for sale and
purchase.
Fire Control and Protection Bylaw No. 474, 2025
Page 4
"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 District as a
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.
"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.
"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.
"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.
Fire Control and Protection Bylaw No. 474, 2025
Page 5
PART 1 - ADMINISTRATION
3.
Application
This Bylaw and the provisions contained herein, as may be amended from time to time, shall
apply throughout the boundaries of the Municipality.
4.
Fire Department
The Fire Department of the District, established by the Council is hereby confirmed and
continued pursuant to the Community Charter.
5.
Fire Department Responsibilities
The Fire Department is authorized to:
a)
Take all proper measures to prevent, control and extinguish fires;
b)
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.
c)
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.
d)
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.
6.
Fire Chief
The position of Fire Chief as established by the Council is hereby confirmed.
7.
Responsibilities and Duties of the Fire Chief
a)
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.
Fire Control and Protection Bylaw No. 474, 2025
Page 6
b)
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.
c)
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:
(i) the use, care and protection of Fire Department property, apparatus and
equipment;
(ii) the safe and efficient operation of the Fire Department; and
(iii) the recruitment, training, conduct, discipline and termination of Officers
and Members of the Fire Department.
d)
The Local Authority is responsible for all fire protection and prevention matters
including the enforcement of this Bylaw.
e)
In accordance with the Community Charter, the Fire Chief is hereby authorized to
exercise the following powers:
(i) 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;
(ii) take measures to prevent and suppress fires, including the demolition of
buildings and other structures to prevent the spreading of fire;
(iii) 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.
f)
The Fire Chief is responsible for reviewing applications for building and
development permits to ensure compliance with the Fire Code.
8.
Designation of Inspection and Investigation Duty of Fire Chief and Officers
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.
9.
System of Inspection of Buildings and Premises
Council hereby designates the Fire Chief as responsible for establishing and maintaining a
regular system of inspections and timely fire investigations in the District 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.
Fire Control and Protection Bylaw No. 474, 2025
Page 7
10. Appointment and Accountability of Officers and Members
a) The Fire Chief shall be appointed by Council.
b) 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.
c) All Officers are responsible for ensuring that all applicable Municipal bylaws and
Fire Department policies, procedures, rules and regulations are complied with by
Members.
11. Fire Chief May Appoint Deputy or Assistant Chiefs
The Fire Chief may appoint any Officer as Deputy Chief or an Assistant Chief on a temporary
basis from time to time to act on his/her behalf in his/her absence.
12. Jurisdiction of Fire Department
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 District without:
a) the express authorization of a written contract or agreement providing for the
supply of fire fighting and rescue services outside the Municipal boundaries;
b) the approval of Council; or in an emergency, the approval of the Mayor or Acting
Mayor.
PART 2 - FIRE PROTECTION
13. Control, Direction and Management at Incident
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.
14. Authorization to Enter onto Premises and Property
a) 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.
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Page 8
b) 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.
15. Obstruction of Fire Department in Performance of its Duties
a)
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.
b)
No person shall use or allow to be used a standpipe or fire hydrant, or affix a hose
to the stand pipe or fire hydrant without permission from the District of Highlands.
c)
No person shall drive, push or pull a vehicle of any kind over a fire hose or fire
equipment without first obtaining permission to do so from a Member.
d)
No unauthorized person shall park a vehicle in a signed prohibited area at a Fire
Hall or in a fire lane.
e)
No unauthorized person shall park or stop a vehicle within 15 meters of a
standpipe, fire hydrant or water tank.
f)
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:
(i) making an inspection or investigation for conditions which may cause a fire,
increase the danger of a fire or increase the danger to persons, or
(ii) making an inspection to ensure any flammable matter is rendered harmless
or suitably safeguarded against fire.
16. Orders and Direction
The Fire Chief and any Officer in 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.
17. Failure to Comply with Order or Direction
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.
18. Evacuation of Buildings
a) The Officer in Command is empowered to order the evacuation of any building that is
directly involved with fire or other risk to life.
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Page 9
b) 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.
c) 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.
19. Demolition of Adjacent Buildings
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.
20. Commandeering of Privately Owned Equipment
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.
21. Access for Fire Fighting
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 firefighting
purposes.
22. Duty to Provide Assistance
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 the salvaging
and safeguarding of property so threatened.
23. Impeding Fire Department Equipment
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.
24. Interference with Access to Buildings or Premises
a) 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.
b) No person shall, except as authorized by the Fire Chief or Officer in Command, at an
incident:
(i) enter any building, structure or premise threatened by an emergency incident;
(ii) enter within an area designated by guards, tapes or ropes erected by or under
Fire Control and Protection Bylaw No. 474, 2025
Page 10
the direction of a Peace Officer or Member; or
(iii) refuse to move from such designated area when directed to do so by a Peace
Officer or Member.
25. Discarding Burning Substances
No person shall discard, deposit, or cause to be deposited any ignited or smoldering
material, including matches, cigars, cigarettes, or similar burning objects, in any location
where it may ignite combustible material or create a fire hazard, including but not limited to
roadways.
26. Duty of Owners or Occupiers
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.
27. Vacant Buildings
The owner of any vacant building in the District 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.
28. Containers for Collection of Combustible Refuse
a) All containers used for the collection of combustible refuse in quantities exceeding
140 litres shall be constructed entirely of solid sheet non-combustible material.
b) Each container shall have easy closing lids that must be operational at all times.
c) Containers shall be located at least 3 metres from any building or fuel supply tank
unless otherwise approved by the Fire Chief.
d) Containers equipped with self-closing lids may be located within 1 metre of a
building or fuel supply tank.
29. Fire Safety Plans
Where the Fire Code requires the owner of a property to establish fire emergency 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 the District's Fees and Charges Bylaw, for
review and approval prior to implementation of such plan.
30. False Alarms
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.
Fire Control and Protection Bylaw No. 474, 2025
Page 11
31. Shipping Containers Used for Storage
Shipping Containers will:
a) meet or exceed all relevant requirements of all relevant British Columbia safety
codes for Buildings, including the Fire Code, the Building Code, and the B.C.
Electrical Code adopted under the Electrical Safety Regulation, B.C.Reg100/2004;
b) where Flammable Liquids and Combustible Liquids are stored in the Container,
combustible construction shall be removed from the Container, provisions for spill
containment installed, properly vented and the proper rated electrical equipment
installed;
c) be fully vented; and
d) not be used to store dangerous goods other than those approved by the Fire Chief
and any changes to the type of dangerous goods must be approved by the Fire Chief.
32. Hydrants and Water Supply for Fire Suppression
a) The Owner of real property that has a private hydrant, standpipe or water supply
mains, reservoirs and cisterns shall ensure that the hydrant and all water supply
components and appurtenances are maintained in good working condition at all
times and that inspection, servicing and testing of the hydrant is carried out by
persons qualified to perform these services as approved by the Fire Chief.
b) Fire Hydrant Standards - All Private Hydrants and Public Hydrants shall:
(i)
Conform to American Water Works Association Standard for dry barrel fire
hydrants (AWWA C502);
(ii)
be the slide gate or compression type;
(iii) meet or exceed the flow capacity of a hydrant having two 65 mm hose outlets
and one100 mm pumper outlet;
(iv) have a minimum internal main valve opening of 115 mm or 10,000 mm;
(v)
have main operating stem, hose and pumper outlet threads that conform to
the British Columbia standard fire hose thread (as specified in the BC Fire
Code) for 65mm fire hose couplings and allied fittings, and the 100mm outlet
shall be a sexless storz style fitting;
(vi) be automatic self-draining;
(vii) have a minimum clearance between the ground and the center of the lowest
outlet of at least 450mm;
(viii) have a main operating stem and independent cut off valve stem that open in a
counterclockwise direction;
(ix) be arranged in a layout and spaced in a way that complies with the Fire
Underwriters Survey; and
Fire Control and Protection Bylaw No. 474, 2025
Page 12
(x)
design and installation of Dry Hydrants and Cisterns must conform to NFPA 25
and be approved by the Fire Chief.
c) The Owner of a Private Hydrant shall:
(i) not less than annually, at intervals of not less than twelve months, have the
Private Hydrant inspected, flushed, drained and all threads of outlets and caps
greased with waterproof grease;
(ii) not less bi-annually have a detailed internal inspection and service test; and
(iii) keep the ground surface around the Private Hydrant clear of shrubs, trees,
structures and other obstructions of any kind, in order to facilitate use of the
hydrant by the Fire Department at anytime.
PART 3 - CONTROL OF BURNING
33. Burning Restrictions
a) No person shall at any time within the District 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.
b) 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.
c) The burning of construction or demolition waste is prohibited.
d) 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) the burning of brush, stumps, slash and like materials, resulting from the
clearing of land;
(ii) the burning of dry garden refuse;
(iii) disease and pest control;
Fire Control and Protection Bylaw No. 474, 2025
Page 13
(iv) fire suppression training;
(v) ethnic and cultural observances; and
(vi) special events.
e) Unless otherwise directed by the Fire Chief, burning must not be initiated unless the
Ventilation Index covering the District is forecast as "good" for the period during
which the burning is to take place.
f) The Fire Chief may, where he/she deems it expedient to do so, order that no burning
is to occur within the District 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.
g) This Bylaw shall not apply to burning by the District 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.
h) Notwithstanding clause (a), 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.
34. Supervision and Control
Any person in the possession of a valid and existing permit issued by the Fire Chief shall
ensure that a competent adult 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.
35. Distance Requirement
No person shall permit any fire larger than 0.5 metre cubed to be located within 6 metres of
any building or property line or within 1 metre of any shrubbery, tall grasses, fence, or other
combustible material, and any fire greater than 1 metre cubed shall increase these
distancing requirements to 500 metres from any residence or business or within 15 metre of
any shrubbery, tall grasses, fence, or other combustible material.
36. Nuisances from Emission of Smoke and Ash
a) 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.
b) 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%.
Fire Control and Protection Bylaw No. 474, 2025
Page 14
c) 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.
37. Dangerous Goods
a)
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.
b)
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, emission, escape or spill of dangerous goods exists by
reason of abnormal or unusual circumstances.
PART 4 - PERMITS, INSPECTIONS AND FEES
38. Schedule of Fees
The fees as set out in the District's Fees and Charges 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.
39. Oil Burning Equipment
a)
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.
b)
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 the District's Fees and Charges Bylaw have been paid to
the Municipality.
c)
No person shall install used, modified, or repurposed oil tanks as part of a new or
upgraded oil burning or home heating system.
Fire Control and Protection Bylaw No. 474, 2025
Page 15
PART 5 - ENFORCEMENT
40. Authority to Remove or Seize
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.
41. Issuance of Order
a) 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.
b) 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.
c) Where an owner or occupier or lessee fails to comply with any order made pursuant
to this Bylaw, the District 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.
d) Any expenses incurred by the District 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
under the authority of the Community Charter.
42. Service of Order
An order made under this Bylaw shall be served by:
a) Delivering or causing it to be delivered personally to the person to whom it is
directed;
b) Sending the order by registered mail to the last known address of the person to
whom it is directed; or
c) 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.
43. Removal of Order
Where an order has been duly issued and posted pursuant to this Bylaw, no person may
remove, deface, cover or destroy the order.
Fire Control and Protection Bylaw No. 474, 2025
Page 16
44. False Representation
No person shall falsely represent themselves as an Officer or Member of the Fire
Department.
45. Offence and Penalty
a) 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.
b) Every person who violates any provision of this Bylaw commits an offence and is
liable on summary conviction to a penalty not exceeding Fifty Thousand Dollars
($50,000.00) plus the costs of prosecution, and six months imprisonment.
c) Each day during which a violation, contravention or breach of this Bylaw continues is
deemed to be a separate offence.
46. Declaration of Service Level
The service level provided by the Fire Department, in accordance with the requirements of
the Office of the Fire Commissioner for British Columbia, defined in the British Columbia
Fire Service Minimum Training Standards Structure Firefighters Competency and Training
Playbook shall be Interior Operations. The Incident Commander is hereby provided the
authority to change the service level at an incident to either Exterior Service or Full Service
based upon the training levels of the responders attending the incident whether such
responders are members of the Fire Department or members of another fire department
responding under mutual aid agreements existing at that time.
47. Severability
If a section, subsection, paragraph, subparagraph, or phrase of this Bylaw is for any reason
declared invalid by a competent jurisdiction, the decision will not affect the validity of the
remaining portions of this Bylaw.
48. Repeal
"District of Highlands Emergency Services Bylaw No. 264, 2005" and all amendments
thereto are hereby repealed.
READ A FIRST TIME on the
17th
day of
November,
2025
READ A SECOND TIME on the 17th
day of
November,
2025
READ A THIRD TIME on the
17th
day of
November,
2025
ADOPTED on the
8th
day of
December,
2025
Fire Control and Protection Bylaw No. 474, 2025
Page 17
MAYOR
CORPORATE OFFICER