Invermere, British Columbia
· No. 1420
· adopted 2011-04-12
· summary & facts
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DISTRICT OF INVERMERE
Bylaw No. 1420, 2010
A bylaw to establish the Regulations for the Prevention of Fires and the Protection of Persons
and Property
WHEREAS in Council may, pursuant to Section 8 of the Community Charter, R.S.B.C. 2003,
provide any service that the Council considers necessary or desirable, including the provision of
fire protection and life safety service;
AND WHEREAS it is deemed desirable to establish and make regulations for Invermere Fire
Rescue Service;
AND WHEREAS it is deemed desirable to provide regulations for the protection of people and
property within the corporate limits of the District of Invermere
NOW THEREFORE the Council of The District of Invermere, in open meeting assembled,
hereby enacts as follows:
SECTION 1 - TITLE
1.1
This bylaw may be cited as "District of Invermere - Fire Prevention Bylaw Number 1420,
2010".
SECTION 2 - INTERPRETATION
2.1
Metric units are used for all measurements in this bylaw. The approximate imperial
measure equivalent of those units in currently-used units of Canada measure is shown
in brackets following each metric measurement, and such bracketed figures are included
for convenience only and do not form part of this bylaw.
2.2
The British Columbia Fire Code Regulations, as amended from time to time, are
hereby adopted and made applicable within the District.
2.3
Definitions:
B.C. Building Code - means the British Columbia Building Code 2006, adopted
by BC Reg. 216/2006, as amended or re-enacted from time to time.
B.C. Fire Code - means the British Columbia Fire Code 2006, adopted by BC Reg.
175/2006, as amended or re-enacted from time to time.
Campfire - means a contained outdoor fire, not exceeding 0.5 meter in diameter
(1.6 ft.) and 0.5 meter (1.6 ft.) in height.
Council - means the Council of The Corporation of the District of Invermere.
District - means the Corporation of the District of Invermere
Dwelling Unit - means a Suite operated as a housekeeping unit, used or
intended to be used as a domicile by one or more persons usually containing
cooking, eating, living, sleeping and sanitary facilities.
False Alarm - means an alarm activated for a purpose other than where an
emergency exists and necessitating a response by the Invermere Fire-Rescue
Services.
Fire Department - means Invermere Fire-Rescue Services
Fire Chief - means the person appointed by Council as head of the Invermere Fire-
Rescue Services and a person:
a)
Designated by Council to act in the place of the Fire Chief;
b)
For the purposes of a local assistant under the Fire Services Act, who is
authorized in writing by the Fire Chief, Council or Office of the Fire
Commissioner to exercise the powers of a local assistant;
c)
Appointed by council as the Deputy Fire Chief; and
d)
For the purposes of exercising the powers of the Fire Chief under section
66 of the Community Charter, who is acting under the authority of the Fire
Chief.
.
Hazardous - means any condition or thing that the Fire Chief considers is a fire
hazard or that may increase the risk of the start, spread or danger of fire.
Inspector - means a bylaw enforcement officer, peace officer or designated
Member of the Invermere Fire-Rescue Services, the Fire Chief, and a person acting
under the authority of the Fire Chief.
Member - means a paid or volunteer Member of Invermere Fire-Rescue Services;
and includes the Fire Chief and an Inspector.
Nuisance - means:
a)
the act of creating or maintaining a fire that does not comply with the
requirements of this bylaw or of an Open Burning permit, which causes a
response by Invermere Fire-Rescue Services; or
b)
any act or operation which interrupts the ability of the Invermere Fire-
Rescue Services to carry out its duties without encumbrance.
Occupant or Occupier - means the resident Owner, lessee, licensee or tenant
of any building to which any provisions of this bylaw apply.
Occupancy - means the use or intended use of a building or part of it for the
shelter or support of persons, animals or property.
Officer - means a Member of Invermere Fire-Rescue Services appointed by
of the Fire Chief and given specific authority to assist the Fire Chief in his or her duties.
Open Burning - means the combustion or burning of any substance or material
in the open air by any means, but shall not include:
a) the operation, using charcoal briquettes, propane or natural gas of an
outdoor barbecue intended for and used solely for the preparation of food;
b) fires used by Invermere Fire-Rescue Services authorities for the purpose of
education, training and other Invermere Fire-Rescue Services purposes;
c) fires used or recommended by the Ministry of Forests to manage ecosystems
for purposes of silviculture management, forest fuel management, fire hazard
reduction, wildlife enhancement, domestic range improvement and the use of
fire as a means of fire control;
d) Campfires and;
e) Outdoor Fireplaces.
Owner - means the registered Owner of an estate in fee simple or his/her agent
authorized in writing, Ownership in a corporation and a company and includes
the tenant for life under a registered life estate, the registered holder of the last
registered agreement for sale, corporate and public agency Ownership, and the
holder or occupier of land held in the manner described in the Community
Charter or an authorized agent of the Owner acting on their behalf.
Outdoor Fireplace - means a secured container, which is commercially
manufactured, certified by the Canadian Standards or a similar entity, and
designed with a chamber to hold an outdoor fire, used for heat, light, or cooking
purposes.
Permitted Burning Material - means seasoned and dry parts of trees or other
vegetation.
Prohibited Burning Materials - means material as defined in Schedule "A"
attached to this bylaw.
Residential Premises - means a building occupied as a home or sleeping place
by one or more persons, including a hotel, motel, auto court, motor hotel,
apartment building, dormitory, rooming house or institution.
Smoke Alarm - means a combined smoke detector and audible alarm device
designed to sound an alarm within the Dwelling Unit, Suite or room in which it is
located upon the detection of smoke within that room.
Smoke - means the gases, particulate matter and all other products of
combustion emitted into the atmosphere when a substance or material is burned.
Suite - means a single room or series of rooms of complementary use, operated
under a single tenancy, and includes individual guest rooms in motels, hotels,
boarding houses, rooming houses and dormitories.
Wood Burning Appliance - means a solid fuel burning device including, without
limitation, a stove and fireplace insert.
SECTION 3 - FIRE AND RESCUE SERVICE ESTABLISHMENT
3.0
The Municipal Fire - Rescue Service is hereby established and will be known as the
Invermere Fire-Rescue Service.
3.1
Jurisdiction of Invermere Fire-Rescue Service
The area of jurisdiction and service of the Invermere Fire -Rescue Service will extend to
the geographical boundaries of the Municipality. Assistance will not be provided beyond
the geographical boundaries of the Municipality without:
i)
The expressed consent of the Regional District of East Kootenay,
providing for fire protection or rescue services or any service listed in
3.2(i), or
ii)
The expressed consent of the Regional District of East Kootenay or a
request by the Royal Canadian Mounted Police or BC Ambulance
Service, if life is in jeopardy,
iii)
The expressed consent of the Regional District of East Kootenay for a
request from the British Columbia Ministry of Forests.
3.2
Fire Department Authority
(i)
Under direction of the Fire Chief, the Fire-Rescue Service provides fire protection
services. In addition, the Fire-Rescue Service provides assistance in the
following circumstances:
a) Rescue
b) Pre-fire planning
c) Disaster planning
d) Preventative patrols
e) Other emergency incidents
SECTION 4 - FIRE PREVENTION AND LIFE SAFETY
4.0
Prevention
4.0.1 The Owner or occupant of any lands, premises, yards or buildings situated
within the District of Invermere shall at all times keep the same in safe condition
so as to guard against starting and the spread of fire.
4.0.2 The occupier of real property must keep and maintain in good working order
any fire protection related equipment and fire protection structural features
required to be installed pursuant to the B.C. Building Code or required to
be maintained by the B.C. Fire Code or other enactment.
4.03 No person or persons may allow accumulations of empty boxes, barrels,
rubbish, trash, waste paper excelsior or any light combustible materials, on
any property, or sidewalk or in any alley; except that such materials may be
stored in a receptacle of fire resistant material fitted with fire doors, or in
metal containers equipped with tight fitting metal lids.
4.0.4 The Owner or occupier or agent of any vacant building must at all times
keep the building free of debris and flammable material, and keep all
openings in such buildings securely fastened and closed so as to prevent
the entry of unauthorized persons. After notice of a requirement to secure or
repair has been delivered by the District to the Owner or occupier of a building
unsecured for more than a 7 day period, or in a state of repair contrary to
this bylaw, a building will be considered a threat to public safety, and District
Staff or others may enter onto the property to secure or repair as required in
the notice. Any charges incurred by the District in securing or repairing the
building are the responsibility of the Owner in accordance with Section 17 of
the Community Charter and may be collected in accordance with Section
258 of the Community Charter as property taxes.
4.0.5 The Owner of a fire damaged building will ensure that the building is either
guarded or all openings secured to prevent unauthorized entry.
4.0.6 The occupier of any lands, premises, facilities of buildings must at all times
keep same in safe condition so as to guard against starting or spreading of
fire by complying with the requirements of Division B of the B.C. Fire Code.
In particular, and without limiting the generality of the foregoing, an occupier
must, where applicable:
I.
Maintain the required vehicle access for Invermere Fire-Rescue Service;
II.
Maintain a means of egress;
III.
Provide and maintain an approved fire safety plan;
IV.
Maintain fire hydrants in an approved manner;
V.
Maintain the fire alarm;
VI.
Maintain emergency lighting and exit lighting;
VII.
Maintain commercial cooking equipment;
VIII. Maintain portable fire extinguishers; and
IX.
Maintain an automatic sprinkler and /or standpipe and hose system.
4.0.7 Every mobile caterer carrying on business within the District and utilizing
commercial cooking equipment that creates grease laden vapours in a
confined compartment must maintain and operate exhaust and hood
systems that comply with Section 2.6.1.9 of the B.C. Fire Code.
4.0.8 No person may Smoke in areas where conditions may cause a fire or
explosion and "No Smoking", signs shall be posted by the building Owner or
an authorized agent. Of the Owner acting on their behalf
4.0.9 The Owner of a building having a fire alarm system or a sprinkler system,
must maintain and provide a current list of accessible contact person(s) to
Invermere Fire Rescue Services. Contact person(s) must be available to
attend all alarms within 1 hour from the time they are notified.
4.1
Open Burning
4.1.1 Except as otherwise provided, no person may light, ignite or allow or cause
to be lit or started a fire of any kind in the open air.
4.1.2 Despite section 4.1.1, the Fire Chief may issue a Special Burning Permit
in the form of Schedule "B" for open air burning of material:
a)
accumulated from urban interface clearing;
b)
accumulated from agricultural pruning and land clearing;
c)
to remove a fire hazard; or
d)
for a special public function.
4.1.3 With the exception of special public functions, a "Special Burning Permit"
will not be issued for properties less than 2 hectares (5 acres) in size.
4.1.4 No person, including a person to whom a Special Burning Permit has
been issued under this bylaw shall burn any material as outlined on
Schedule "A" - Prohibited Material
4.1.5 Every person to whom a Special Burning Permit has been issued or to
whom any of the conditions listed in section 4.1.8 apply must place
and keep a competent person at all times in charge of the fire while the
same is burning or smouldering and until the fire is completely
extinguished, and must provide that person with sufficient resources to
prevent the fire from causing damage or becoming Hazardous or
becoming dangerous to life or property. The permit holder must take all
action required to control the fire until it is extinguished. The permit
holder must extinguish a fire that is Hazardous or is ordered
extinguished by the Fire Chief.
4.1.6 No person may start a fire if wind and weather are such that to do so is
likely to be Hazardous or when banned under Provincial regulation.
4.1.7 Despite the issuance of a Special Burning Permit, every person must comply with the
requirements set out in the Open Burning Smoke Control Regulation, BC Reg. 145/93
enacted under the Environmental Management Act (SBC 2003) c. 53, both as amended
from time to time. Such requirements include, but are not limited to, the required
distance Open Burning must be from buildings, duration of Smoke release, Smoke free
periods per year, weather conditions and Smoke reduction measures.
4.1.8 A Special Burning Permit is not required for:
a)
fires used or recommended by the Ministry of Forests to manage
ecosystems for purposes of silviculture management, forest fuel
management, fire hazard reduction, wildlife enhancement, domestic
range improvement and the use of fire as a means of fire control;
b)
open air burning for Fire-Rescue Services training exercises;
c)
Campfires and Outdoor Fireplaces using fuel of seasoned wood
charcoal briquettes, propane or natural gas, being used for the
purpose of cooking, providing heat or providing light and meeting
the following criteria:
1.
Campfires and Outdoor Fireplaces are situated not less than 5
meters (15 feet) from any combustibles including but not limited
to buildings, shed, shrubs, grassy field, or from a property
boundary.
2. Campfires contained and maintained in a manner that will
prevent any fire from escaping or growing bigger than 0.5 meter in
size.
4.1.9 The Fire Chief may take any action to ban, extinguish or require extinguishment of any
burning under Special Burning Permit or the conditions of section 4.1.8 that the Fire
Chief considers Hazardous.
4.1.10 Section 4.1 - Open Burning, does not apply to burning by a farm business on the lands
of a farm operation, as defined in, and in compliance with the terms of, the Farm
Practices Protection (Right to Farm) Act, RSBC 1996, Chapter 131, as amended from
time to time.
4.2
Wood Burning Appliances
4.2.1 No Owner or occupier of real property may cause or permit Smoke from
the burning of prohibited materials as under Schedule "A" in a Wood Burning
Appliance.
4.2.2 No person may install a Wood Burning Appliance after the adoption of this bylaw that
does not comply with the emission standards established by the Canadian Standards
Association or the United States Environmental Protection Agency, as outlined in the
Solid Fuel Burning Domestic Appliance Regulation, 302/94 enacted under the
Environmental Management Act, as amended from time to time.
4.3
Smoke alarm Installation and Maintenance
4.3.1 Every Owner of a residential premise in the District must ensure that Smoke Alarms
are installed and maintained in every Dwelling Unit or Suite and in each sleeping room
not within a Dwelling Unit, except for institutional occupancies which are required by
enactment to have a fire alarm system.
4.3.2 Every Owner must test the Smoke Alarms in compliance with the manufacturer's
recommendation within the Dwelling Unit, Suite or sleeping room to ensure that the
Smoke Alarm is functioning correctly. If a Smoke Alarm is not functioning correctly, the
occupant, if he or she is not the Owner, must inform the Owner immediately of
becoming aware of the failure, and the Owner forthwith repair or replace the Smoke
Alarm.
4.3.3 Smoke Alarms required under this bylaw must conform to the Canadian standard set by
Underwriters Laboratories Canada (CAN/ULC) - "S531 Standard for SMOKE
ALARMS", and be installed and maintained in conformance with "CAN/ULC - S553
Standard for the Installation of Smoke Alarms".
4.3.4 Without limiting section 3.4.3, a Smoke Alarms required for a residential premise must
be installed in accordance with the British Columbia Building Code.
4.4
Automatic Systems
4.4.1 Every Owner or occupier must notify Invermere Fire-Rescue of any work on or
malfunction of fire alarm system, to avoid false fire alarms being received.
4.4.2 Every Owner occupier must replace faulty alarm components in an expeditious manner
to prevent undue False Alarms being transmitted to Invermere Fire-Rescue Services.
4.4.3 If the Owner or the occupier fails to keep the fire alarm system in repair, or to notify the
Fire Department of testing, maintenance or any condition that causes Invermere Fire-
Rescue Service to be summoned unnecessarily, the Owner or occupier as applicable is
liable to a fine as per section 8.2 of this bylaw.
4.5
Fireworks
4.5.1
The manufacture, storage, transportation and sale of fireworks shall conform to the
Federal Explosives Act and Explosives Regulations, and amendments thereto.
4.5. 2 The handling and discharge of fireworks, low and high hazard as defined by the Federal
Explosives Act and Explosions Regulations, shall conform to the Fireworks Manual
(Explosive Division), as published by the Department of Energy, Mines and Resources.
4.5.3
a)
Except as herein under provided, Class 7.2.1, low hazard fireworks, as defined by
the Federal Explosives Act and Explosives Regulations, shall not be sold or
discharged within the municipal boundaries from the period of May1 to November
1 of each year or when an open fire ban has been issued.
b)
Class 7.2.1 low hazard fireworks, as defined by the Federal Explosives Act and
Explosives Regulations may be sold and discharged with the written approval of
the Fire Chief.
c)
Class 7.2.1 low hazard fireworks, as defined by the Federal Explosives Act, and
Explosives Regulations, shall not be directly or indirectly sold, given or furnished to
a person under the apparent age of eighteen (18) years.
4.6
Address Identification
All buildings or structures situated on any lot or parcel of land within the municipal
boundaries shall be properly identified with numbers facing the District road which
accesses the property, indicating their District address as designated by the District of
Invermere. All address numbers shall be a minimum of six (6) inches with a half (1/2) inch
stroke in contrasting colours to the base colour of the building or structure. Address
numbers shall not be obstructed by shrubs, trees, beams or any other material that would
impair quick and easy identification.
4.7
Hydrant and Water Supply Systems on Private Property
4.7.1
For fire fighting purposes, all water supply systems on private property shall conform to
District specifications and be installed to be capable of providing fire flows as determined
by the latest issue of "Water Supply for Public Fire Protection" published by the Public Fire
Protection Survey Services and the Insurance Bureau of Canada, or as otherwise
approved by the Fire Chief.
4.7.2
For fire fighting purposes, all new water supply systems on private property shall meet flow
and pressure requirements according to District specifications or as otherwise approved
by the Fire Chief and Public Works Manager.
4.7.3
Prior to proceeding with construction of any new water system or extension to an existing
system, the applicant shall submit plans of proposed fire hydrant locations and all
components of the water distribution system to the Fire Chief for approval.
4.7.4
Buildings under construction shall have:
a)
Roads finished to a minimum standard as provided for in the British Columbia
Building Code, Part 3, that provides for required access and egress for Fire and
Rescue Department apparatus; and
b)
Water supplies for fire protection, when required, and as determined in subsections
4.7.1, shall be installed as soon as practical as determined by the Fire Chief and
the Public Works Manager. The Invermere Fire-Rescue Services shall be notified
of all newly installed fire hydrants, with recorded testing results, so that such
hydrants may be tested and approved.
4.7.5
All installations of fire hydrants on private property or private water systems shall be
designed and supervised by a professional engineer.
4.7.6
During construction, servicing or repairs within a subdivision, the owner shall ensure that
all fire hydrant conditions affecting fire safety such as fire hydrants, temporarily out of
service, low water volumes, pressures, etc., are made known to the Invermere Fire-
Rescue Services immediately.
4.7.7
Bulk plants, sawmills and other major occupancies shall be provided with fire hydrants and
a water supply with pressure and quantity adequate to meet the probable fire demands as
determined by the BC Building Code.
4.7.8
Records of all inspections and maintenance required for Subsection 206 shall be
submitted annually to the Manager of Building Safety and Inspection Services with copies
to the Fire Chief or his designate. These records shall be in the format as set by District
policy:
a)
Hydrants shall be maintained in operating condition;
b)
All fire hydrants shall be inspected and maintained in accordance with
District of Invermere policy;
c)
All valves in the water distribution system shall be operated annually during
non-freezing weather and provided with any maintenance that may be
required;
d)
The Invermere Fire-Rescue Services shall be notified of all repaired fire
hydrants so that such fire hydrants may be flow tested and approved;
f)
All fire hydrants out of service for repair or not yet in service shall be
wrapped with burlap or black polythene plastic sheeting;
g)
Fire hydrants shall be kept clear of ice, snow, shrubs, trees, structures and
other obstructions and their locations shall be clearly identified;
h)
Fire hydrants shall be painted in accordance with the paint schedule as set
by District of Invermere policy.
4.7.9
Failure to provide the District with confirmation of the required service in accordance with
subsection 3.7.8 or failure to repair a malfunctioning fire hydrant or valve within seven (7)
days may cause the District to have the work performed at the expense of the owner.
The owner shall be liable to a charge, at cost, for such work payable to the District. If
such charge remains unpaid on December 31st of the year in which the charge was
levied, the amount so unpaid shall be entered on the real property tax roll in respect of the
property receiving the assistance and shall be collected as taxes in arrears for said
property.
4.7.10 Fire hydrants are for the use of the District and Invermere Fire-Rescue Services only. Fire
hydrants may only be operated for the purpose of inspection, testing or servicing or as
otherwise approved by the Fire Chief, his designate or Public Works Manager.
SECTION 5 - INSPECTION OF PREMISES
5.1
Right to Inspect and Test
5.1.1 The Fire Chief, Inspector and any career Member of the Invermere Fire-Rescue
Services may at all reasonable hours and subject to the terms in the Community Charter
enter into and upon any property or private Dwelling Units:
a)
for the purpose of testing or inspecting;
b)
for the purpose of testing or inspecting buildings, as required by the
Fire Services Act;
c)
to determine if Invermere Fire-Rescue Services access and an
adequate water supply are available for fire suppression purposes; or
d)
to determine if the requirements of this bylaw are being carried out.
5.2
Entry for Inspection
5.2.1 No person may obstruct, hinder or prevent any authorized Invermere Fire-Rescue
Services Member from entering into or upon any property or private Dwelling Units.
5.2.2 The Owner or occupier of a building or property or any other person having knowledge
of a building or property must, upon request, give to a Member of Invermere Fire-
Rescue Services who is carrying out an inspection on a building or property such
assistance he may require in carrying out the inspection.
SECTION 6 - RIGHT TO CARRY OUT FIRE SERVICES
6.1
The Fire Chief at any fire may cause demolition of any building or part of a building
which, in his judgment, should be demolished in order to prevent spread of fire or to
prevent damage to persons or property or loss of life.
6.2
No person may impede, hinder or obstruct the extinguishment by Invermere Fire-Rescue
Services of any fire. Every person who fails to comply with the orders or instructions of a
Member of the Invermere Fire-Rescue Services engaged or about to be engaged in the
extinguishment of a fire may be forcibly removed from the scene of such emergency or
fire by an Officer, Peace Officer or Inspector.
6.3
No person may refuse to permit any Member of the Invermere Fire-Rescue Services to
enter into or on any premises, for which an alarm of fire has been received, or in or upon
any premises while the Member has reasonable grounds to suspect that a fire exists.
6.4
No person shall drive a vehicle over any Fire Department equipment.
6.5
No person may cause or contribute to the causation of a False Alarm which requires
Invermere Fire-Rescue Services to be summoned. Any person found so intentionally or
negligently causing a False Alarm is liable to a fine as per section 7.2 of this bylaw.
SECTION 7 - ENFORCEMENT
7.1
Issuance of Inspection Notice
7.1.1 If the Fire Chief finds that any provision of this bylaw has been contravened or has not
been complied with, or has been complied with improperly or only in part, or that
conditions exist in or upon a building or property to which the bylaw applies and which, in
his opinion, constitutes a fire hazard or otherwise constitutes a hazard to life and/or
property, he may make such notice to ensure full and proper compliance with this bylaw
and in particular, but without limiting the generality of the foregoing, he may:
a)
make to the Owner, occupier or lessee of the building or property such
recommendations as he deems necessary to correct the contravention or
to ensure compliance with this bylaw, or to remove the hazards referred
to in the bylaw, or
b)
make such notice as he deems necessary with respect to any of
the matters referred to in this bylaw.
7.1.2 A notice made under this bylaw shall be in writing and must be directed to the occupier,
or where the occupier is not the Owner, to the Owner and occupier of the building or
property in respect of which the notice is made.
7.2
Service of Notice
7.2.1 An Inspection Notice made under this bylaw shall be served:
a)
by delivering it or causing it to be delivered to the person to whom it is
directed; or by
b)
sending the notice by return registered or certified mail to the last known
property Owner at the Owner's last known address; or
c)
after 14 days of sending a notice by return registered or certified mail to
the last known property Owner at the Owner's last know address, post a
copy in a conspicuous place on the building or property if the person to
whom it is directed cannot be found, is not known or refuses to accept
service of notice.
SECTION 8- PENALTIES
8.0
If an Owner or occupier is in default of a notice made under this bylaw, the District, by
its workers or others, may enter the property and effect such work as required in the
notice, at the expense of the Owner or occupier so defaulting, and any charges so
incurred and remaining unpaid on December 31 of that year shall be added to and form
part of the taxes payable on the real property as taxes in arrears.
8.1
Every person that commits an offence under the BC Fire Code, as amended from time to
time, and as adopted by this bylaw, is deemed to have contravened this bylaw and
committed an offence under this bylaw and is liable, upon summary conviction, to a fine
not less than $2,500 and not exceeding $10,000 and is guilty of a separate offence each
day that a violation continues to exist.
8.2
Every person who violates the provisions of this bylaw, or who consents, allows or
permits an act or thing to be done in violation of a provision of this bylaw, or who
neglects to or refrains from doing anything required to be done by a provision of this
bylaw, is guilty of an offence and is liable upon summary conviction, to a fine not
exceeding $10,000 and not less than $2500, and is guilty of a separate offence each day
that a violation continues to exist.
8.3
Every person who commits an offense is liable on summary conviction to a fine or to
imprisonment, or to both a fine and imprisonment, not exceeding the maximum allowed
by the Offence Act.
8.4
Any of the Bylaw Enforcement Officer, Inspector or the Fire Chief are designated to
enforce this bylaw under section 264(1)(b) of the Community Charter.
SECTION 9 - REPEAL
9.01 Bylaw Number 52, 1955 and Bylaw Number 934, 1997 of the District of Invermere, and
all amendments thereto, are hereby repealed.
SECTION 10 - GENERAL
10.0 If any portion of this bylaw is held to be invalid by a court of competent jurisdiction, then
the invalid portion must be severed and the remainder of this bylaw is deemed to have
been adopted without the severed section, subsection, paragraph, subparagraph, clause
or phase.
10.1 If the singular or masculine or neuter is used in this bylaw, the same must be
construed as meaning the plural, the feminine or body corporate where the context so
requires.
READ A FIRST TIME this 8th day of March, 2011.
READ A SECOND TIME this 8th day of March, 2011.
READ A THIRD TIME this 12th day of April, 2011.
ADOPTED this 12th day of April, 2011.
_____________________________
_____________________________
MAYOR
CHIEF ADMINISTRATIVE OFFICER
Certified a true copy of Bylaw No. _________
this _____ day of ______________,201__.
_____________________________
Chief Administrative Officer
Schedule "A"
Environmental Management Act, Open Burning Smoke Control Regulation, BC Reg.
145/93 as amended from time to time.
Prohibited Material
The following material must not be included with debris that is open burned:
Tires
Treated lumber
Plastics
Railway ties
Drywall
Manure
Demolition waste
Rubber
Domestic waste
Asphalt products
Paint
Fuel and lubricant containers
Hazardous waste
Biomedical waste
Tar paper
Schedule "B"
PERMITS
B-1 Special Burning Permit (attached are conditions under which burning may be
done)
Schedule "B-1"
The District of Invermere
Fire-Rescue Services
914 - 8th Avenue
Invermere, B.C. V0A 1K0
Phone: 342-9281 Fax: 342-2934
SPECIAL BURNING PERMIT
Attached are Special Instructions and Conditions
DATE: _______________________________
Year
Month
Day
PERMISSION IS HEREBY GRANTED TO:
Applicant:_____________________________________________________________
Name
of __________________________________________ ______________________
Address
Phone
Person in charge at the burn: ______________________ _____________________
Name
Phone
Urban Interface Clearing
Land Clearing
Agricultural Pruning
Removal of a Fire Hazard
Special Public Events
Special Instructions and conditions of burning - see reverse
__________________________________
Signature of Applicant
The Permit Expires: __________________ PER: ___________________________
Year
Month Day
Fire Chief or Designate
Special Instructions and Conditions for the Burning of Waste from
Agricultural Prunings, Urban Interface Fuel Modification and
Land Clearing
1.
The burn must take place on a bona fide farm operation or in an interface area
identified in plan Invermere.
2.
Only well dried and cured products are to be burned.
3.
The ventilation index, as defined in the Open Burning Smoke Control
Regulation, BC Reg. 145/93, as amended from time to time, must be "good" for
the day the Open Burning is to be started, and, if applicable, "good" or "fair" for
the second day the debris is anticipated to release Smoke. In addition, Open
Burning must not be initiated if the local air flow will cause the Smoke to
negatively impact on nearby population.
4.
Burning will only take place on Monday to Friday of any week.
5.
Burning will be permitted between February 28th and April 30th
6.
Burning must meet the requirements specified in the Open Burning Smoke
Control Regulation, BC Reg. 145/93, enacted under the Environmental
Management Act (SBC 2003) c 53, both as amended from time to time.
7.
Special Burning Permits issued will be valid only for that one occasion.
8.
Permits will be cancelled if, in the opinion of the Fire Chief, the burning is
creating a Hazardous condition and the fire will be ordered extinguished.
9.
All other requests to burn will be referred to the District Operations Division for
chipping consideration.