Fire Protection and Life Safety Bylaw No. 775, 2009
Hudson's Hope, British Columbia
· No. 775
· adopted 2010-02-08
· summary & facts
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District of Hudson's Hope
Bylaw 775
Fire Protection and Life Safety Bylaw
WHEREAS the Council has established the Hudson's Hope Volunteer Fire Department and the
Community Charter authorizes the Council to regulate, prohibit and impose requirements in
relation to Municipal Services; and
WHEREAS the Community Charter authorizes Council, by bylaw, to regulate, prohibit and
impose requirements in relation to emergency exits, smoke alarms, and any matter within the
scope of the Fire Services Act, and to authorize the municipal fire chief to exercise certain
powers in relation to the prevention and suppression of fires; and
WHEREAS the Fire Services Act requires that Council provide for a regular system of
inspections of hotels and public buildings in the municipality;
NOW THEREFORE, the Council of the District of Hudson's Hope, in an open meeting
assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as the "District of Hudson's Hope Fire Protection and Life
Safety Bylaw 775, 2009" and its purpose is to provide for the following:
a. the continuation of the Fire & Rescue Service;
b. fire protection and prevention activates in the community; and,
c. the life safety of all residents of, and visitors to, the community.
PART 1: Adoption and Application of the Fire Code
2. The British Columbia Fire Code is adopted and made part of this bylaw as a regulation
of the District.
3. Any person who contravenes, violates or fails to comply with a provision of the Fire
Code commits an offense under this bylaw.
PART 2: Definitions
4. Unless specifically defined herein, words and phrases used in this Bylaw shall be
construed in accordance with the meanings assigned to them by the Fire Services Act, the
Building Code, the Fire Code, or the Community Charter as the context and
circumstances require
5. Definitions
"aid agreement" means an agreement in writing under which the District contracts
to provide fire protection or assistance response, whether or not the other party to the
agreement provides similar services to the District;
Fire Protection & Life Safety Bylaw 775
"apparatus" means any vehicle, machinery, device, equipment or material used for
fire protection or assistance response and any vehicle used to transport members or
supplies;
"assistance response" means aid provided in respect of fires, alarms, explosions,
medical emergencies or incidents, floods, earthquakes or other natural disasters,
escape of dangerous goods, rail transport or aeronautical incidents, motor vehicle or
other accidents, or circumstances necessitating rescue efforts;
"building" means any structure used or intended for supporting or sheltering any use
or occupancy;
"Building Code" means the British Columbia Building Code made under the Local
Government Act;
"combustible material" means any material capable of being ignited;
"construct" includes build, erect, install, repair, alter, add, enlarge, move, locate,
relocate or reconstruct;
"construction" includes a building, erection, installation, repair, alteration, addition,
enlargement, or reconstruction;
"Council" means the Council for the District;
"dangerous goods" means those products or substances that are regulated under the
Canada Transportation of Dangerous Goods Act and its Regulation;
"Deputy Fire Safety Director" means a person appointed in writing by a building
owner, business proprietor or a Fire Safety Director and given the responsibility and
authority to supervise and maintain a fire safety plan in the absence of the Fire
Safety Director;
"Director of Public Works" means the person designated by council as the Director
of the Public Works Department by Council.
"District" means the District of Hudson's Hope or the geographic area of the
District, as the context requires;
"emergency access route" means a portion of a private roadway or yard providing
an access route for Fire & Rescue Service vehicles from a public thoroughfare, as
required under the Building Code;
"explosion" means a rapid release of energy, that may or may not be preceded or
followed by a fire, which produces a pressure wave or shock wave in air and is
usually accompanied by a loud noise;
"false alarm" means the activation of a fire alarm system or security alarm system
as a result of which fire and police services are provided by or on behalf of the District
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Fire Protection & Life Safety Bylaw 775
and the providers of the services do not find any evidence of fire, fire damage, smoke,
criminal activity or other similar emergency;
"fire alarm system" means a device or devices installed on or in real property and
designed to issue a warning of a fire by activating an audible alarm signal or alerting a
monitoring facility but does not include a fire alarm system that is intended to alert only
the occupants of the premises in which it is installed:
"Fire Chief' means the Manager of Protective and Inspection Services for the
District, as appointed by Council, acting as head of the Fire & Rescue Service, or a
person designated by the Manager to act in the place of the Manager;
"Fire Code" means the Fire Code Regulation made under the Fire Services Act;
"Fire & Rescue Service" means the Hudson's Hope Fire & Rescue Service,
including both the Downtown Hall and the Beryl Prairie Hall, established in 1968
under Bylaw 1019 and continued under this Bylaw;
"fire hazard" means any condition, arrangement or act which increases the
likelihood of fire or which may provide a ready fuel supply to augment the spread or
intensity of a fire or which may obstruct, delay, hinder, or interfere with the
operations of the Fire & Rescue Service or the egress of occupants in the event of
fire;
"Fire Inspector" means the Fire Chief and every Officer of the Fire & Rescue
Service and any other person designated as such by the Fire Chief by name or office
or otherwise;
"fire protection equipment" includes but is not limited to, fire alarm systems,
automatic sprinkler systems, special extinguisher systems, portable fire
extinguishers, fire hydrants, water supplies for fire protection, standpipe and hose
systems, fixed pipe fire suppression systems in commercial cooking exhaust systems,
smoke control measures and emergency power installations;
"Fire Protection Technician" means a person certified under the Applied Science
Technologists and Technicians Act as a fire protection technologist, or a person
having other certification acceptable to the Fire Chief, that qualifies the person to
perform inspections and testing on fire protection equipment;
"Fire Safety Director" means a person appointed in writing by a building owner or
business proprietor and given the responsibility and authority to supervise and
maintain a fire safety plan;
"fire safety plan" means a plan for a building required under the Fire Code and this
Bylaw, that includes, without limitation,
(a) emergency procedures to be used in case of fire,
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(b) training and appointment of designated supervisory staff to carry out
fire safety duties,
(c) documents showing the type, location and operation of fire emergency
systems,
(d) the holding of fire drills,
(e) the control of fire hazards, and
(f) inspection and maintenance of facilities for the safety of the building's
occupants;
"flammable material" means any free burning material including but not limited to
solids, combustible dust, combustible fibres, flammable liquid, flammable gas, and
liquefied flammable gas;
"incident" means an event or situation to which the Fire & Rescue Service has
responded or would normally respond;
"incident commander" means the member of the Fire & Rescue Service who has
assumed responsibility for management of fire and rescue operations at an incident,
or who performs this role under the authority of the Fire Chief;
"member" means a person employed, whether full-time, part-time, or as a volunteer,
and holding a position within the Fire & Rescue Service as an officer or firefighter,
"monitoring service" means a person, partnership or corporation engaged in the
business of monitoring alarm systems and reporting the occurrence of alarms to the
Fire & Rescue Service;
"occupancy" means the use or intended use of a building or part thereof for the
shelter or support of persons, animals or property:
"occupier" includes an owner or agent of the owner, a tenant, lessee, user, agent and
any other person who has a right of access to, possession and contro! of a building or
other premises to which this Bylaw applies;
"officer" means the Fire Chief, Deputy Fire Chief, Assistant Chief, Captain, Safety
Officer, and any member designated by the Fire Chief to act in the capacity of an
officer;
"open air fire" means any outdoor fire which is not contained within a portable
device designed for cooking food in the outdoors, and without limiting the generality
of the forgoing may include grass fires, brush fires, campfires, and structure fires;
"owner" means a person who has ownership or control of real or personal property,
and includes, in the case of real property,
(a) the registered owner of an estate in fee simple,
(b) the tenant for life under a registered life estate,
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(c) the registered holder of the last registered agreement for sale, and
(d) in relation to common property and common facilities in a strata plan,
the strata corporation for the strata plan;
"permit" means a current and valid document issued by the Fire Chief or a member
authorizing a person to carry out a procedure or undertaking described in the permit,
or to use, store or transport materials under conditions stipulated in the permit;
"premises" includes the whole or any part of a parcel of real property and any
buildings or structures on the property;
"public works department means the Public Works Department of the District;
"security alarm system" means a device or devices installed on or in real property
and designed to warn of criminal activity or unauthorized entry by activating an
audible alarm signal or alerting a monitoring facility;
"service provider" means any person, partnership or corporation who in their course
of business provides a technical service involving fire protection or life safety
equipment;
"sprinkler system" means an integrated system of underground and overhead piping
designed in accordance with fire protection standards which is normally activated by
heat from a fire and discharges water over the fire area;
"structure" means a construction or portion thereof, of any kind, whether fixed to,
supported or sunk into land or water, except landscaping, fences, paving and retaining
structures less than 1.22 metres in height.
6. Severability
a. Ifany part, section, or subsection or phrase of this Bylaw is held as invalid by a
court of competent jurisdiction, the invalid portion shall be severed and the
remainder of the Bylaw will be deemed to have been enacted without the invalid
portion.
7. Conflict
a. In the event of a conflict, discrepancy, variation or inconsistency between this
Bylaw and the Fire Services Act, the Building Code, or the Fire Code, the
provisions of the Fire Services Act, the Building Code, or the Fire Code, as the
case may be, shall prevail over the provisions of this Bylaw to the extent of the
conflict, discrepancy, variation or inconsistency.
8. Application
a. The provisions of this Bylaw apply to all buildings, structures premises and
conditions within the District and, for certainty apply to both existing buildings
and buildings under construction.
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b. Any building which is exempt of the Fire Code may be exempt of the building
inspection requirements of this Bylaw if they can provide proof that they are
exempt from the Fire Code.
9. Gender and Nature
a. Wherever the singular or masculine is used in this Bylaw, it shall be construed as
meaning the plural, feminine or body corporate or politic where the context so
requires.
PART 3: Fire and Rescue Services
10. Continuation of Service
a. The Hudson's Hope Volunteer Fire Department, established under Bylaw 532 and
previous Bylaws, is continued for the purpose of providing fire suppression, fire
prevention and rescue services listed in this Bylaw and any Level of Service
policy made by Council. As the department is paid on call, responses will always
be dependent on equipment and personnel availability and training undertaken by
the members.
b. The Hudson's Hope Volunteer Fire Department shall now be known as Hudson's
Hope Fire & Rescue Service to better describe the duties that it performs.
c. The Fire & Rescue Service shall comprise of the Fire Chief, who will be
appointed by council, and other officers and members appointed by the Fire
Chief, on recommendation of the membership of the Fire & Rescue Service.
d. The Fire & Rescue Service is authorised to provide the following services:
i. Assistance Response;
ii. Investigation of fires to determine cause and prevent recurrence, if
possible;
iii. Delivery of fire and life safety education programs to the community, its
residents and businesses;
iv. Fire and life safety inspections of all hotels and public buildings for
compliance with the Fire Code and this bylaw.
v. Plans review of all new construction for comment on fire and life safety
issues.
vi. Response to the Hudson's Hope Airport (CYNH) for aviation incidents
with standard structural firefighting apparatus and training.
vii. Services within the District and outside the District, when contemplated
by an aid agreement.
11. Fire Chief
a. The Fire Chief shall report to the District's Chief Administrative Officer, and
shall be responsible for administering this Bylaw, for the management, control
and supervision of the Fire & Rescue Service and its members and for the care,
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custody and control of all buildings, apparatus and equipment of the Fire &
Rescue Service.
b. The Fire Chief and any officer, member or other person authorized by the Fire
Chief to act on behalf of the Fire Chief, may exercise one or more of the
following powers:
i. make and enforce rules, policies or guidelines for the proper and efficient
administration and operation of the Fire & Rescue Service and change,
replace or withdraw the rules as necessary;
ii. 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 fire;
iii. take measures considered necessary to prevent and suppress fires,
including the demolition of buildings and other structures to prevent the
spreading of fires;
iv. require an owner or occupier to undertake any actions the Fire Chief
considers necessary for the purpose of removing or reducing any thing or
condition the Fire Chief considers is a fire hazard or increases the danger
of fire;
v. exercise some or all of the powers of the Fire Commissioner under Section
25 of the Fire Services Act, and for these purposes that section applies;
vi. commandeer any privately-owned vehicles or equipment which the Fire
Chief considers necessary to combat, contro] or otherwise deal with an
incident. All associated and actual costs of such usage will be the sole
responsibility of the property owner where the incident occurs;
vii. enforce this Bylaw and any other District bylaws, rules, orders and
regulations for the prevention and suppression of fire and the protection of
life and property;
viii. impose a written ban on open fires when he deems it necessary to protect
life and property;
ix. declare, in writing, any forested or woodland area within the District
closed when he deems it necessary to protect life and property;
x. collect and disseminate information in regard to fires in the District;
xi. provide, advise and make recommendations to other officers and
employees of the District, to Council, and to the public, in accordance
with any applicable District policies and procedures, in relation to:
1. the provision of adequate water supply and pressure for
firefighting applications; ,
2. the installation and maintenance of fire protection equipment;
3. the enforcement of measures for the prevention or suppression of
fire and the protection of life and property:
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4. life safety or rescue equipment; and
5. fire prevention generally.
c. The Fire Chief is a Local Assistant to the Fire Commissioner as per section 6 of
the Fire Services Act. The Fire Chief may recommend to the Fire Commissioner
that any other officer or member be appointed as a Loca! Assistant to the Fire
Commissioner as well for operational efficiency.
12. Limits of Jurisdiction
a. Except where specifically directed by Council, authorized by an Aid Agreement
to supply fire or rescue services beyond the District's boundaries or under a
Provincial Emergency Declaration, no apparatus, personnel or equipment of the
Fire & Rescue Service shall normally operate or be used beyond the boundaries
of the District.
b. In addition to any agreement to provide services beyond the boundary of the
District, at the discretion of the Fire Chief or member-in-charge, the Fire &
Rescue Service may respond to requests for assistance beyond the boundary of
the fire protection district that are reasonably accessible. Before authorizing a
response outside of the district, the Fire Chief or member-in-charge will ensure
that sufficient resources remain in the Fire Protection District to protect its
residents. These responses shall be limited to:
i. Fire suppression services
ii. Rescue services within the limits of the department's level of service
policy, training, and equipment.
ili. Medical emergencies where BC Ambulance is unavailable, unduly
delayed, or unable to access patients.
13. Incident Management
a. The Fire & Rescue Service shall operate under a formal command structure at
incidents requiring assistance response, providing for a designated Incident
Commander responsible for all Fire & Rescue Service resources responding or
at an incident within the District's jurisdiction. The primary Incident
Commander shal! be the Officer of the first arriving apparatus. Management of
Fire & Rescue Service resources may be transferred to a more qualified member
present at an incident, as necessary.
14. Right to Enter
a. The Fire Chief and any other Officer or Incident Commander at an incident
are authorized to enter premises where an incident has occurred and to cause any
member, apparatus or equipment to enter the premises, as deemed necessary, in
relation to an incident.
15. Prevention, Control and Enforcement
a. The Fire & Rescue Service may take all necessary measures for the prevention,
suppression, control and extinguishment of fires, for mitigating the effects of
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incidents involving dangerous goods, and for the protection of life and property,
including conducting assistance response and administering emergency medical
services.
16. Contamination and Replacement of Equipment
a. The Fire Chief may charge an owner or occupant of a property or premises for
the full replacement or repair costs of Fire & Rescue Service equipment where,
as a result of providing an assistance response at or near the property or
premises, such equipment has been damaged or contaminated by a hazardous
substance or dangerous goods and requires decontamination, repair or
replacement.
17. Standby at Events
a. The Fire Chief may charge an operator, owner or coordinator of an event a fee to
provide standby apparatus and personnel. Determination of such resource
requirements, their utilization and their duration of use shall be determined prior
to the incident in consultation with the Fire Chief. Fees shall be based on rates
for apparatus use and actual costs for equipment replacement, as described in
Schedule "A" attached hereto and forming part of this bylaw.
b. Examples of events requiring standby could include but are not limited to:
i. The filming of movies
ii. The filming of television episodes
iii. Any pyrotechnic event
c. The Fire Chief may waive these fees for community sponsored events and when
it is in the community's best interest.
18. Social Organization
a. The members of the Fire & Rescue Services may organize for social purposes
and other purposes intended to further the interests and welfare of the members
and the department.
b. No rule or regulations of any such organization shall in any way limit the
authority of the Fire Chief in relation to the operations and administration of the
Fire & Rescue Services.
c. The security of the District's buildings and the liability of the District shall not
be placed in jeopardy by the social organization.
d. The Social Organization will not bring the reputation of the Fire & Rescue
Service into disrepute.
Part 4: Conduct of Persons
19. No Interference
a. A person must not impede, hinder or obstruct any member at an assistance
response and every person must comply with orders or directions of a member
engaged in an assistance response.
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b. Persons who interfere with a member in the performance of their duties, or fail to
comply with such orders or directions, may be removed from the scene of such
assistance response by a Peace Officer or any member.
c. A person must not interfere with or refuse to permit any member to enter into or
upon premises in relation to which an alarm or other request for assistance has
been received, or in or upon which a member has reasonable grounds to believe
that an incident has occurred or may occur
d. A person must not interfere with any member or refuse to permit any member to
enter into or upon premises or a fire scene to determine:
i. The cause and origin of a fire
ii. The cause of activation of a fire alarm system, or
iii. The presence and functioning of a sprinkler system or other fire and life
safety protection systems
e. A person must not disregard any open fire ban order or forest/woodland closure
order issued by the Fire Chief in writing under section | 1(b)(vili) and 11(b)(ix)
and posted around the District.
20. Prohibition Against Entry
a. A person must not, except as authorized by the Fire Chief, an Officer, or an
Incident Commander:
i. enter any building or premises involved in or threatened by an incident;
ii. enter within an area designated by ropes, guards or tape erected by or
under the direction of a Peace Officer or a member across or around any
street, lane, alley or building; or
iii. refuse to move from such designated area when directed to do so by a
Peace Officer or a member.
21. False Representation
a. A person must not make false representation as to being a member of the Fire &
Rescue Service, or wear or display any Fire & Rescue Service badge, cap,
button, insignia or other paraphernalia for the purpose of such false
representation.
b. A retired member of the department may continue to display a Fire Department
Licence plate as long as he does not represent himself as a current member of the
department. The Fire Chief may withdraw the privilege of any retired member to
display the Fire Department Licence Plate if he deems it in the best interest of the
District and the Fire & Rescue Service.
22. Scene Control
a. The Incident Commander at an Incident may establish boundaries or limits and
keep unauthorized persons from entering the area within the prescribed
boundaries or limits
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b. No person shall enter the boundaries or limits of an area prescribed in accordance
with Section 22(a) unless authorized to enter by the Incident Commander
c. The Incident Commander at an incident may temporarily restrict or prohibit
vehicular or pedestrian traffic on a roadway as necessary in order to ensure safety
of persons and control of the incident
23. Driving Over Equipment
a. No person shall drive a vehicle over any Fire & Rescue Service equipment
unless specifically directed to do so by a member. Persons who drive over fire
department equipment, without instruction to do so by a member, may, in
addition to any other penalty, be required to pay the actual costs of repairing or
replacing damaged equipment.
Part 5: Permits and Regulation of Fire Hazards
24. Removal of Fire Hazards
a. A person must not cause or permit combustible materials, vegetation growth,
waste or rubbish of any kind to accumulate in or around premises in such a
manner as to endanger life or property or to constitute a fire hazard.
25. Explosion or potential Explosion, Emission or Spill of Dangerous Goods
a. Every owner or occupier of premises or a motor vehicle, vessel, aircraft or
railway rolling stock, must report immediately to the Fire Chief when an
explosion or a discharge, emission, escape or spill of dangerous goods occurs or
where the potential exists for an explosion or a discharge, emission, escape or
spill of dangerous goods.
26. Vacant Buildings
a. For the purpose of this Section, vacant premises includes a lot, building or other
structure in respect of which a water, gas or electricity service has been
intentionally discontinued, other than for temporary maintenance, repair or
upgrading, so that the condition of the premises is not suitable for human
habitation or other occupancy that is normally permitted.
b. The owner of vacant premises must promptly act to ensure that, at all times:
i. the premises are free from litter and debris or accumulations of
combustible or flammable materials except where storage of
combustible or flammable materials is in strict accordance with the Fire
Code and this Bylaw; and
li. all openings in the premises are securely closed and fastened in a manner
acceptable to the Fire Chief so as to prevent the entry of unauthorized
persons.
ce. Where an owner fails to securely close a vacant building as required by
Subsection 26(b)(ii), the Fire Chief may, by notice in writing, order the owner to
secure the building or other part of the vacant premises against unauthorized
entry in a manner set out in the notice.
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d. If an owner of vacant premises fails to bring the premises into compliance with
this Bylaw within twenty-four (24) hours of receiving a notice under Subsection
26(c), or if the Fire Chief or member is unable to contact the owner within
twenty-four (24) hours of finding vacant premises in an unsecured state, the Fire
Chief may cause the premises to be secured by District employees or agents,
who may board up or otherwise secure doors, windows and other points of entry
into the premises in order to prevent fires and unauthorized entry, at the cost and
expense of the owner.
27. Damaged Buildings
a. The owner of a building or other structure that has been damaged due to fire,
explosion or similar event must immediately ensure that all openings and points
of entry into the building are kept securely closed and fastened in a manner
acceptable to the Fire Chief so as to prevent the entry of unauthorized persons, or
another solution is made that is acceptable to the Fire Chief. If the owner fails to
provide the necessary security to the damaged building within 2 hours of being
notified by the Fire Chief or following an incident, the Fire Chief may cause the
work to be carried out at the cost and expense of the owner.
28. Burning Permits
a. No person shall light or start an open air fire within the District without first
having obtained a burning permit from the Fire Chief or his designate.
b. A permit as required in subsection (a) is not required for the following:
i. Burning refuse or garden waste only in an incinerator covered with a
screen to prevent flying sparks and approved by the Fire Chief;
ii. The cooking of food using a portable barbeque apparatus;
iii. Burning on privately owned lands or in developed campgrounds where
fireplaces, stoves, and/or fire pits are provided and approved by the Fire
Chief.
iv. Burning by the Fire & Rescue Services for the purposes of training.
c. Permits may be issued for a onetime event or for an extended period of time of up
to 1 (one) year, and may be revoked by an Officer, a Fire Inspector, a Bylaw
Officer; a Peace Officer, or an employee of the BC Forest Service.
d. Every possessor of such a permit shall be responsible to ensure the fire remains
under control and that a responsible person maintains a watch to ensure that the
fire docs not grow out of control, and has a means to extinguish the fire, such as a
garden hose or buckets of waiter.
e. Any possessor who allows through inadvertence for the fire to get beyond control
and so necessitates assistance response by the Fire & Rescue Services shall be
liable to a fee as set out in Schedule "A" of this bylaw in addition to the cost of
the apparatus and manpower needed to control the fire.
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f. Any person who lights or starts a fire without the required permit, shall be liable
for a fine as set out in Schedule "A" of this bylaw in addition to the cost of the
apparatus and manpower needed to control the fire.
g. Permit holders shall ensure that the Environment Canada venting forecast is Good
before they light any fire.
PART 6: Fire Protection Equipment
29. Connections for Building Sprinkler and Standpipe Systems
a. Fire & Rescue Service pumper connections shall be located and positioned in
accordance with the Building Code or as approved by the Fire Chief.
b. Every owner or occupier of a building shall ensure that signs are displayed
identifying:
i. which Fire & Rescue Service connection serves a particular sprinkler or
standpipe system; and
ii. the maximum pumping inlet pressure at a Fire & Rescue Service
connection.
30. Smoke Alarm Maintenance
a. The owner and occupier of every premises with residential occupancy must
ensure that all installed smoke alarms are maintained, tested, repaired and
replaced in accordance with the requirements of the manufacturer.
31. Fire Hydrants
a. The fire hose connection type, hydrant colour coding and location of all fire
hydrants and other Fire & Rescue Service connections shall be subject to the
approval of the Fire Chief and Director of Public Works.
b. No person, except a member, shall use or take water from any fire hydrant or
standpipe, nor make any attachment to a fire hydrant or standpipe, without first
obtaining written permission from the Public Works Department to do so.
c. No person shall tamper with, or otherwise use in a non-permitted fashion, any
component of the District water system without authorization under Section
29(b), including, but not limited to pipes, valves, pressure reducers, or pump
stations. In addition to any other penalty, the Fire & Rescue Service may
recover from any person who contravenes this section the actual cost of repairing
the works.
32. Maintenance and Testing of Fire Protection Equipment
a. Every person who is required under a provision of the Fire Code to perform or
cause to be performed an inspection or test of fire protection equipment for a
hotel or public building, or to perform or cause to be performed an inspection or
test of fire suppression systems in commercial kitchen exhaust systems, shall
ensure that:
i. the inspection or test is performed by a fire protection technician and in
accordance with the Fire Code; and
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Fire Protection & Life Safety Bylaw 775
ii. the inspection or test is recorded, or the fire protection equipment is
tagged or labelled in accordance with the Fire Code and any regulations
or bylaws under the Applied Science Technologists and Technicians Act
and in a manner acceptable to the Fire Chief.
b. Every person who owns, controls or otherwise has charge of any fixed fire
protection equipment must notify the Fire & Rescue Service at any time such
system or systems are inoperable or taken out of service, and must notify the Fire
& Rescue Service immediately after service is restored.
c. Every fire protection technician who carries out inspections and maintenance of
fire protection equipment must use the Inspection and Testing form approved
under the Applied Science Technologists and Technicians Act, and must forward a
copy of the completed form upon completion of the inspection or maintenance to
the owner or occupier of the building. Upon request by the Fire Chief, the
owner or occupier must provide a copy of the completed form to the Fire &
Rescue Service.
d. A person shall not undertake any work or testing on fire protection equipment
or life safety systems that sends an alarm directly to an alarm monitoring
company without prior notice to that alarm monitoring company.
33. Emergency Access Routes
a. Every gate, bollard, chain or other structure used to secure a required emergency
access route must be approved by the Fire Chief prior to installation.
b. Every emergency access route must be clearly marked with permanent signage,
in accordance with the Fire Code, or with highway marking of lines and words,
in a size and colour approved by the Fire Chief, which must read:
"FIRE LANE -- NO PARKING™
c. Every owner of premises shall ensure that an emergency access route, when
secured by a gate, bollard, chain or other structure, has a permanent mounted sign
on each side of the obstruction, of a size no less than sixty (60) cm by seventy-
five (75) cm, which must read:
EMERGENCY ACCESS ONLY -
NO PARKING OR OTHER OBSTRUCTIONS
34. Fire Protection Equipment Orders
a. The Fire Chief may order the owner of any building to provide or make
alterations to fire protection equipment and systems including, but not limited to
heat and smoke detection, fire alarms, fire extinguishers, exit signs, emergency
lighting, fire separations and means of egress in order to provide adequate life
safety to its occupants in accordance with the Building Code or Fire Code or any
equivalent or alternative solution satisfactory to the Fire Chief.
PART 7: Fire Alarm Systems
35. Contact Persons
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a. Every owner and occupier of any premises with a fire alarm system must
maintain and provide to the Fire & Rescue Service, in writing, the names and
telephone numbers of three (3) contact persons, at least one of whom is available
24 hours a day by telephone to attend within 30 minutes of notification by the
Fire & Rescue Service to enter and secure the premises at an incident.
b. The owner or occupier shall notify the Fire & Rescue Service in writing within
7 days of any changes in the names or addresses of contact persons.
c. The owner or occupier shall provide to every contact person designated under
Section 33(a) full access to the premises for which they have responsibility and
full authority to take control of and operate the alarm system and secure the
premises on completion of assistance response or other incident.
d. Where a contact person fails to respond to a fire alarm and attend the premises
within 30 minutes:
i. the Fire & Rescue Service may use whatever means are necessary to gain
entry to the premises to investigate the fire alarm without payment to the
owner or occupier of any compensation whatsoever for damage caused to
the premises by any forced entry; and
ii. the owner or occupier of the premises shall be liable to reimburse the
District, at the fee rates specified in Schedule "A", for the cost to the
District of all time during which Fire & Rescue Service apparatus and
members were required to remain on standby at the premises,
commencing after the 30 minute time period specified in this Section, until
such time as a contact person, owner or occupier arrives to attend at,
provide access to, or secure the premises. Notwithstanding the forgoing,
a minimum of one (1) hour standby time will be charged for personnel and
equipment.
36. Activation
a. A person must not activate a fire alarm system unless:
i. There is a fire;
ii. the person reasonably believes that a fire or other incident is occurring or
is imminent; or
iti. the activation is carried out for testing purposes by persons authorized by
the Fire Chief or the Fire Code.
37. False Alarm Incident Fees
a. The owner or occupier of premises containing a fire alarm system shall, on the
occurrence of a second false alarm and each subsequent false alarm occurring in
the 12 month period following the first false alarm to which the Fire & Rescue
Service must respond, pay the District the applicable fee for each such false
alarm in accordance with Schedule "A".
b. Where an owner or occupier makes documented improvements to a fire alarm
system through a Fire Protection Technician, or takes other steps acceptable to
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Fire Protection & Life Safety Bylaw 775
the Fire Chief, to reduce or eliminate future false alarms, then, upon receipt of
an application in writing within thirty days of the most recent false alarm, the Fire
Chief may deem for the purposes of section 37(a) that, until another false alarm
occurs, no false alarm of the fire alarm system has occurred.
38. Fire Alarm Testing Fee
a. Where a person fails to notify the monitoring company or the Fire & Rescue
Service when carrying out testing, repair, maintenance, adjustments or alterations
to a fire alarm system, as required by this Bylaw, and such failure results in the
activation of the fire alarm system requiring a response by the Fire & Rescue
Service, that person must pay the applicable fee prescribed in Schedule "A". This
fee will be in addition to any false alarm fees which may apply under Section 35
and will be applied directly to the service provider.
39. Unmonitored Systems
a. The owner or occupier of every building that is equipped with a fire alarm
system that is not continuously monitored by an approved monitoring agency
must ensure that at each manual fire alarm pull station, a permanent sign is
mounted reading:
"LOCAL ALARM ONLY -- IN CASE OF FIRE, TELEPHONE 9-1-1"
i. Each such sign must be not less than 50 mm by 100 mm in size and be
printed on permanent red on white, or white on red plastic laminate or
equivalent material and not obstructed in any way.
PART 8: Inspection of Premises
40. Authority for inspection
a. The Fire Chief, a Fire Inspector, and any member designated by the Fire Chief
are authorized to enter at all reasonable times upon any premises to inspect for
conditions considered hazardous to life or property as described in the Fire Code
and Fire Services Act.
41. Entry for Inspection
a. A person must not obstruct, hinder or prevent the Fire Chief or any member
from entering into or upon any premises for the purpose of inspecting the
premises in the ordinary course of their duties.
42, Frequency of Inspections
a. The Fire Chief is directed and authorized to:
i. establish a system for the inspection of all hotels and public buildings, as
defined in the Fire Services Act; and
ii. establish a regular system for the inspection of other buildings in the
District, as deemed necessary by the Fire Chief.
PART 9: Emergency Access and Evacuation
43. Fire Safety Plan
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Fire Protection & Life Safety Bylaw 775
a. The owner or occupier of any building required by the Fire Code to have a fire
safety plan prepared in cooperation with the Fire & Rescue Service must ensure
the fire safety plan is compliant and consistent with the requirements of the Fire
Code and must:
i. prepare the fire safety plan in a form, format and diagram template
acceptable to the Fire Chief and submit the fire safety plan to the Fire
Chief for review;
ii. review the fire safety plan at least annually in accordance with the
requirements of the Fire Code and if material changes have occurred in
relation to the building, use, or occupancy, submit an updated plan to the
Fire Chief for review; and
iii. locate the fire safety plan on the premises in a location and manner
acceptable to the Fire Chief to allow for reference by the Fire & Rescue
Service.
b. The owner or occupier of every occupancy of a building required by the Fire
Code to appoint supervisory staff must designate trained supervisory staff
consisting of a Fire Safety Director and at least one Deputy Fire Safety
Director to act when the Fire Safety Director is absent.
c. Either the Fire Safety Director or the Deputy Fire Safety Director must be
present at the premises as required by the Fire Code.
d. The owner or occupier of every occupancy of a building required by the Fire
Code to appoint a Fire Safety Director must produce evidence, on request by the
Fire & Rescue Service, that the Fire Safety Director and alternate person or
persons have been trained to the satisfaction of the Fire Chief.
44. Obstructions
a. A person must not install or maintain any obstruction such as, but not limited to,
any wire, barbed wire, or razor ribbon fence, cable, aerial, antenna, on any
building roof, parapet wall or openings in an exterior wall required by the
Building Code or the Fire Code for Fire & Rescue Service access, so as to
obstruct access or egress, cause a hazardous condition, or interfere with Fire &
Rescue Service operations in the event of fire or other incident.
45. Storage on Roofs and Balconies
a. A person must not cause to be placed, stored, or maintained upon any roof or
balcony any hazardous materials or any material or object which may interfere
with access or egress or Fire & Rescue Service operations in case of fire or other
emergency, and shall remove all such objects or materials upon the order of a
Fire Inspector.
46. Street Addressing
a. Every owner of real property in the District shall ensure that District assigned
street addresses are displayed in accordance with the following requirements:
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Fire Protection & Life Safety Bylaw 775
i. the civic address the District has assigned to the premises must be
displayed on the principal building on the premises and must be legible
from a minimum distance of fifteen (15) metres;
ii. where a building is set back from the street or roadway fronting the
property such that the assigned street address is not clearly legible from
the street or roadway, or where landscaping or architectural appurtenances
or other obstructions obstruct the address, the assigned street address shall
also be displayed at the driveway entrance from the street or road serving
the building on a weather-resistant sign permanently mounted on a post
and visible from all direction of traffic flow;
iii. where unusual circumstances exist, the Fire Chief may require that a
direction indicator or other means of readily identifying and locating a
building be provided;
iv. letters or numbers displayed on a building must be of a colour which
contrasts with the background colour of the building or sign; and
v. ifarequired emergency access route is from a street or route other than
that to which the District has assigned a civic address, a sign must be
posted indicating the street address in a location approved by the Fire
Chief.
PART 10: Safety to Life
47. Exits and means of Egress
a. Every owner or occupier of premises must at all times ensure that all exits and
means of egress required under the Building Code, Fire Services Act, Fire Code
or the District's Building Bylaw are properly maintained and remain unobstructed
at all times.
PART 11: Enforcement
48. Fire Orders
a. In addition to authority provided for orders by the Fire Chief or a Fire Inspector
elsewhere in this Bylaw, if a person contravenes or fails to comply fully with any
provision of this Bylaw, or if conditions exist in or upon any premises which in
the opinion of the Fire Chief, constitute a fire hazard or other danger to life or
property, the Fire Chief may, in writing, issue such order to that person as may be
necessary to ensure full and proper compliance with this Bylaw or to remove or
otherwise dea] with the fire hazard or other danger.
b. An order made by the Fire Chief or a Fire Inspector under this Bylaw may be
served:
i. by delivering it or causing it to be delivered to the person to whom it is
directed;
ii. by sending the order by mail to the last known property owner; or
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Fire Protection & Life Safety Bylaw 775
iii. if the person to whom it is directed cannot be found, is not known or
refuses to accept service of the order, by posting a copy of the order in a
conspicuous place on the premises that are subject to the order.
c. If an order has been posted in accordance with Section 48(b)(iii), a person must
not remove, deface or destroy the order
d. A person against whom an order has been made under this Bylaw may, before the
expiration of ten (10) days from the date of the order, appeal in writing to the Fire
Chief, who may uphold the order, vary or set aside the order of a Fire Inspector,
or issue an alternative order.
e. Every order issued by the Fire Chief or a Fire Inspector shall state a date by
which the order shall be carried out, which shall, in the discretion of the issuer,
have regard to the degree of urgency involved in correcting or removing
conditions which may tend to increase the hazard of fire or danger to life and
property.
f. Where a person is in default of an order made pursuant to this Bylaw, the District
by its employees, servants or agents may enter the premises and effect such work
as is required in the notice at the cost and expense of the owner or occupier of
the premises.
49. Penalties
a. A person who:
i. contravenes, violates or fails to comply with any provision of this Bylaw
or of any permit or order issued under this Bylaw; or
ii. suffers or allows any act or thing to be done in contravention or violation
of this Bylaw or any permit or order issued under this Bylaw; or
iii. fails or neglects to do anything required to be done under this Bylaw or
any permit or order issued under this Bylaw;
commits an offence and shall be liable, upon conviction, to a fine of not more
than Ten Thousand ($10,000) Dollars or imprisonment for not more than six (6)
months, or both. Where the offence is a continuing one, each day that the offence
is continued shall constitute a separate offence.
50. Enforcement by Municipal Ticket
a. This bylaw may be enforced by means of a ticket issued under the Jicket
Information Bylaw.
Part 12: Cost Recovery
51. Inspection Fees
a. Every person who obtains any of the following inspections by the Fire & Rescue
Service shall pay the applicable fee prescribed in Schedule "A" of this Bylaw:
i. a special request inspection of a building, structure or site to determine
compliance with this Bylaw or the Fire Code; or
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Fire Protection & Life Safety Bylaw 775
ii. re-inspection of premises after an order has been issued under this Bylaw.
File Search Fee
b. Any person seeking a file search on occupancies for outstanding Fire Code
violations or infractions or other related information shall pay the fee specified in
Schedule "A",
52. No Relief from other Fees
a. Payment of any of the fees specified in Section 49 or 50 does not relieve a person
from the requirement to pay any other fee prescribed under the Fire Code, the
Building Code, the Fire Services Act, another District bylaw or any other
applicable legislation.
53. Fire Investigation Fee
a. For every fire incident where damage is estimated to be in excess of Five
Thousand ($5000) Dollars and for which the Fire Chief must complete a Fire
Investigation Report in accordance with the Fire Services Act, the owner of the
damaged structure shall pay the fee specified in Schedule "A".
54. Fire and Dangerous Goods Incidents
a. Every person who, wilfully or recklessly and without reasonable cause sets or
causes a fire to which the Fire & Rescue Service must respond shall be liable to
pay the actual costs and expenses incurred by the Fire & Rescue Service in
responding to and investigating the incident, plus any other applicable fines or
fees levied.
b. Every owner, carrier, agency, organization or other person having responsibility
for the transport, storage or use of dangerous goods, shall be responsible, at that
person's own cost and expense, for the cleanup and safe disposal of all such
dangerous goods arising from any incident, and a person who fails to do so shall
be liable to pay the actual costs and expenses incurred by the Fire & Rescue
Service in performing such work including;
i. the costs and expenses incurred by the District or its contractors or agents
for the cleanup and safe transport and disposal of the dangerous goods;
and,
ii. the costs incurred by the Fire & Rescue Service in mitigating the
dangerous goods incident, including without limitation, equipment
replacement and decontamination costs.
55. Scene Security Costs
a. If a fire cause or other investigation is required, and cannot be conducted
immediately, the owner is required to provide for security in a manner that is
acceptable to the Incident Commander and any Peace Officer in charge at the
incident.
b. All costs associated with security at an incident, as described in Section 54(a), are
the sole responsibility of the owner or occupier.
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Fire Protection & Life Safety Bylaw 775
56. Mutual Aid Cost Recovery
a. When, because the District's Fire & Rescue Service does not have the particular
equipment or personnel required to deal with an incident on lands located within
the District, and Mutual Aid Fire Services are provided to the said lands, the
District may impose, on the registered owner of the said lands to which the said
Mutual Aid Fire Service is provided, all costs associated for Mutual Aid Fire
Services as submitted to the District by the Mutual Aid agency.
b. The cost recovery charges imposed by this Bylaw are due and payable by the
registered owner of the lands to which is supplied the Mutual Aid Fire Services
within 30 days of the date of an invoice issued by the District to the registered
owner of the lands for the said Mutual Aid Fire Services.
57. General Fee Provisions
a. Where a fee is charged to the owner or occupier of property under this Bylaw, the
Fire & Rescue Service may invoice the owner of the real property in relation to
which the fee was imposed.
b. Where a fee is charged to a Service Provider, the Fire & Rescue Service will
invoice the service provider directly.
c. Where more than one person is liable to pay a fee or pay for the actual costs and
expenses incurred by the Fire & Rescue Service, the fee or the costs and
expenses may be imposed among the persons involved on a pro rata basis.
d. Where under this Bylaw the District is authorized or required to provide work or
services to lands or improvements, and the costs incurred by the District in
carrying out such work or services are not paid when due and payable, the
District may recover those costs from the owner of the lands or improvements in
the same manner and with the same remedies as ordinary taxes.
e. If any fees levied under this bylaw remain outstanding after 90 days then the fees
shall be added to, and form part of, the taxes payable on the real property as taxes
in arrears. All appropriate penalties and interest will apply.
f. Where Schedule "A" specifies Apparatus Costs, the costs shall be the apparatus
costs included as Schedule "B" of the bylaw. Both schedules "A" and "B" are
attached and form part of this Bylaw.
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Fire Protection & Life Safety Bylaw 775
Part 13: Repeal
58. Repeal of previous By-laws
a. Upon adoption of this bylaw, the following bylaws will be deemed to have been
repealed:
i. District of Hudson's Hope Volunteer Fire Department Establishment and
Regulation Bylaw No 532, 1997
Read for a First Time on the 13" day of October, 2009
Read for a Second Time on the 27" day of January, 2010
Read for a Third Time on the 27" day of January, 2010
Adopted on the 8" day of February, 2010
Mayor Clerk
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Fire Protection & Life Safety Bylaw 775
Schedule "A"
Fees
Violation or Action Description =| Section | Fee
Dg el
30 minutes after alarm -- per hour or portion of hour
Attendance - false alarm -- 3 and subsequent false alarms 37(a) $ 500
stnete fe ||
Attendance - false alarm -- monitoring agency not notified or | 38(a) $ 200
sengmtietieweicmane | |
Re-inspection or follow-up to an order, second and 51(a) $ 100
<n f |
Fire Investigation Fee (incidents over $5000 property loss) 54(a) $500 per day or
eee ee ee | on |
Mitigation, clean-up, transport, disposal of dangerous 55(b) Apparatus costs
poe mmo tied orimewe | BO | ames
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Fire Protection & Life Safety Bylaw 775
Schedule "A" (Continued)
Cost Recovery Charges
Violation or Action Description | Section | Fee |
Replacement of Contaminated Equipment 16(a)
Standby Crew at Special Effects or Pyrotechnics Event 17(a) Actual costs for
equipment replaced
Repair/Replacement of Firefighting Equipment Actual costs
Repair/Replacement of City Water Supply Equipment 31(b), (c)
Vacant premises ~ securing premises 26(d)
Damaged building -- securing premises 27(a)
Work not performed in violation of order 48(f)
Nuisance fire investigation, response & abatement 55(a)
Mitigation, clean-up, transport, disposal of dangerous 55(b) Actual costs
goods
Scene Security Costs 56(b) Actual costs
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Fire Protection & Life Safety Bylaw 775
Schedule "B"
Apparatus and Personnel Costs
Type 1 Engine $ 272.00/hr
Type 3 Engine - Quick Attack Vehicle $ 219.00/hr
[= bee? SCSC~--SSCSS Cd
Type 2 Engine $ 245.00/hr
P= BunessSOSCSC~S--S~SSS
Command Vehicle (Bush Patrol Rate) $ 69.00/hr
[= Comends--SSCSC~--~--SCSSS
Chief Officer (Incident Commander Rate) $59.00/hr
- Fire Chief, Deputy Chief, Assistant Chief Po
Officers (Structural Branch Directors Rate) $ 43.00/hr
- Captain, Acting Captain, Safety Officer Po
Firefighters (Volunteer Firefighter Rate) $33.00/hr
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