Building Amplification System Bylaw No. 10-45

Kamloops, British Columbia

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CITY OF KAMLOOPS BYLAW NO. 10-45 A BYLAW TO REGULATE PUBLIC SAFETY RADIO BUILDING AMPLIFICATION SYSTEMS The Municipal Council of the City of Kamloops, in open meeting assembled, enacts as follows: DIVISION 1 - INTRODUCTION 1.1 This Bylaw may be cited as "Building Amplification System Bylaw, No. 10-45, 2025." 1.2 The purpose of this Bylaw is to establish regulations pertaining to radio support and amplification systems to ensure adequate emergency services radio communication reliability within the City of Kamloops. 1.3 This Bylaw will come into force and effect on February 1, 2026. 1.4 This Bylaw is divided into the following divisions and schedules: Division 1 Introduction Division 2 Definitions and Interpretation Division 3 Fire Chief's Authority Division 4 Application and Exemptions Division 5 Requirement for Radio Communications Support System Division 6 Testing Division 7 Inspections Division 8 Deemed Nuisance Division 9 Enforcement Division 10 Offences and Penalties Division 11 Schedules Schedule "A" Offences and Fines DIVISION 2 - DEFINITIONS AND INTERPRETATION 2.1 Words or phrases defined in the British Columbia Interpretation Act, Community Charter, or Local Government Act have the same meaning when used in this Bylaw unless otherwise defined in this Bylaw. 2.2 Unless otherwise stated, and notwithstanding the case used (upper case or lower case), when words or phrases that are defined in this section 2.2 of this Bylaw are used in the body or schedules of this Bylaw, they have the following meaning: "Acceptable Radios" means portable radios that conform to the specifications and requirements set out in the In-Building Radio Communications Program; "Acceptance Test" means testing in accordance with section 6.1(a) of this Bylaw and the In-Building Radio Communications Program; "Adequate Radio Coverage" means radio coverage that conforms to the specifications and requirements set out in the In-Building Radio Communications Program; "Amplification System" means the in-building radio communications support and amplification systems necessary to achieve Adequate Radio Coverage as described in Division 5 of this Bylaw and the In-Building Radio Communications Program; BYLAW NO. 10-45 PAGE 2 {05444584.10} 1389-8518-9130, v. 22 "Annual Test" means testing in accordance with section 6.1(b) of this Bylaw and the In-Building Radio Communications Program; "Building" means a type of structure used or intended for sheltering any use that is wholly or partially covered by a roof supported by walls or columns; "Building Code" means the British Columbia Building Code; "Building Height" has the same meaning as in Zoning Bylaw No. 55; "Building Permit" means a building permit required or issued pursuant to Building Regulation Bylaw No. 11-84, 2025; "City" means the City of Kamloops; "Compliance Order" means an order issued pursuant to section 9.1 of this Bylaw; "Council" means the municipal council for the City of Kamloops; "Director" means the Director of the City's Development, Engineering, and Sustainability Department, or their designate; "Enactment" includes all federal and provincial statutes, regulations, codes, ordinances, and proclamations, as well as City bylaws, and any portion thereof; "Fire Chief" means the person appointed from time to time by the City as the Chief of Kamloops Fire Rescue, and any person delegated to assist in carrying out their duties under this Bylaw; "Fire Code" means the British Columbia Fire Code and any other fire code regulation under the Fire Safety Act of British Columbia as adopted, amended, or replaced from time to time; "Fire Inspector" means the persons designated as a fire inspector from time to time by Council; "In-Building Radio Communications Program" means the City's In-Building Radio Communications Program, which contains the specifications, requirements, and testing for Adequate Radio Coverage and Acceptable Radios, as well as the specifications and requirements for the selection, installation, approval, operation, inspection, testing, and maintenance of Amplification Systems, and all policies, procedures, forms, and directions adopted in association with any of the foregoing; "Kamloops Fire Rescue" means the Kamloops Fire Rescue Division of the City of Kamloops, as established and continued under the Fire Prevention and Public Safety Bylaw No. 10-44; "Occupancy Permit" means the permission or authorization in writing by the Director to occupy a Building; "Person" means, in addition to its ordinary meaning, a partnership, association, corporation, society, or other corporate body; and BYLAW NO. 10-45 PAGE 3 {05444584.10} 1389-8518-9130, v. 22 "Service Fees" means fees calculated and imposed in accordance with Division 9 and Fees and Charges Bylaw No. 44-14. 2.3 The headings contained in this Bylaw are for convenience only and are not to be construed as defining or in any way limiting the scope or the intent of the provisions of this Bylaw. 2.4 Wherever the singular or masculine is used in this Bylaw, the same will be construed as meaning the plural, feminine, or the body corporate or politic where the context so requires. 2.5 Any Enactment referred to herein is a reference to a provincial or federal Enactment, as the case may be, as amended, revised, consolidated, or replaced from time to time, and any bylaw or City or Kamloops Fire Rescue standard, policy, or program referred to herein (as may be cited by short title or otherwise) is a reference to a bylaw, standard, policy, or program of the City of Kamloops, as amended, revised, consolidated, or replaced from time to time. 2.6 If there is a conflict between this Bylaw and the Building Code, the Fire Code, or Building Regulations Bylaw No. 11-84, 2025, the Building Code, the Fire Code, or the Building Regulations Bylaw No. 11-84, 2025, as the case may be, will prevail. 2.7 Where any other Enactment applies to any matter covered by this Bylaw, compliance with this Bylaw will not relieve the owner or their agent from complying with the provisions of such other Enactment. 2.8 If any provision of this Bylaw is held to be invalid by a court of competent jurisdiction, the provision may be severed from the Bylaw and such invalidity will not affect the validity of the remaining portions of this Bylaw. DIVISION 3 - FIRE CHIEF'S AUTHORITY 3.1 For the purposes of this Bylaw, the Fire Chief will have charge and control of the In-Building Radio Communications Program and is authorized to: (a) establish and revise the In-Building Radio Communications Program to impose, among other things, minimum standards that must be met relating to the type, testing, and maintenance of Acceptable Radios, the specifications, requirements, and testing for Adequate Radio Coverage, and the selection, installation, approval, operation, inspection, testing, and maintenance of Amplification Systems, in compliance with this Bylaw; and (b) without limiting the foregoing, the Fire Chief may also establish or amend other policies, programs, procedures, standards, criteria, and forms under this Bylaw. DIVISION 4 - APPLICATION AND EXEMPTIONS 4.1 This Bylaw applies to all Buildings within the City for which a Building Permit is required, except for the following: (a) any single-family detached or semi-detached residence; (b) any Building constructed of wood frame; (c) any Building with a total floor area less than five thousand square metres (5,000 m2); BYLAW NO. 10-45 PAGE 4 {05444584.10} 1389-8518-9130, v. 22 (d) any Building with a Building Height of less than twelve metres (12 m); or (e) any Building which, in the opinion of the Fire Chief, does not require an Amplification System to maintain public safety and that is exempted from this Bylaw by the Fire Chief in writing. 4.2 The activities undertaken by or on behalf of the City pursuant to this Bylaw are not contemplated nor intended to extend to: (a) the protection of Persons from economic loss; (b) the assumption by the City of any responsibility of ensuring compliance with this Bylaw; or (c) providing a warranty with respect to any Building for which a Building Permit or Occupancy Permit is issued. DIVISION 5 - REQUIREMENT FOR RADIO COMMUNICATIONS SUPPORT SYSTEM Requirement for Adequate Radio Coverage 5.1 Except as otherwise provided in this Bylaw: (a) no Occupancy Permit will be issued for any Building; and (b) no erection, construction, or change in the use of or addition of more than twenty percent (20%) floor area to any Building or any part thereof shall be done, until the Adequate Radio Coverage requirements of the In-Building Radio Communications Program and the Amplification System requirements of this Bylaw have been met to the satisfaction of the Director and the Fire Chief. 5.2 The owner of a Building must ensure that their Building meets the Adequate Radio Coverage requirements in this Bylaw and the In-Building Radio Communications Program, at all times. Requirement for Amplification System 5.3 If an owner cannot achieve Adequate Radio Coverage in their Building, they must install an Amplification System that satisfies the Adequate Radio Coverage requirements in this Bylaw and the In-Building Radio Communications Program. 5.4 If an Amplification System is required in a Building to meet the Adequate Radio Coverage requirements of this Bylaw, the owner must provide notice to the Fire Chief in a form and with the content stipulated in the In-Building Radio Communications Program. BYLAW NO. 10-45 PAGE 5 {05444584.10} 1389-8518-9130, v. 22 Amplification System Exemptions 5.5 If, in the opinion of the Fire Chief, outside radio communication performance is degraded due to the operation of a Building's Amplification System, the Fire Chief may decide whether public safety is best served by: (a) removing the Amplification System in order to maintain outside radio communication performance; or (b) revising or replacing the Amplification System to achieve Adequate Radio Coverage without degrading outside radio communication performance, and the Fire Chief may issue to the Building owner an exemption or other direction in this regard. 5.6 If the Fire Chief issues an exemption or direction to a Person under section 5.5 of this Bylaw, the Person must comply strictly with the terms thereof. Amplification System Compliance 5.7 Where a Building requires an Amplification System to achieve Adequate Radio Coverage, the owner must ensure that such Amplification System complies with the provisions of this Bylaw and the In-Building Radio Communications Program at all times. Operational Information and Emergency Contacts 5.8 The owner of a Building in which an Amplification System is installed must: (a) on the same day on which the Amplification System becomes operational, submit to Kamloops Fire Rescue a list of emergency contacts and other operational information in accordance with the In-Building Radio Communications Program and section 5.8(c) of this Bylaw; (b) ensure that the list of emergency contacts and other operational information required by section 5.8(a) of this Bylaw is kept up to date at all times, and that any changes are immediately reported to Kamloops Fire Rescue in the manner specified in the In-Building Radio Communications Program; and (c) ensure that the emergency contact persons listed in accordance with sections 5.8(a) and 5.8(b) of this Bylaw are: (i) available to receive telephone calls from Kamloops Fire Rescue at all times; (ii) able to attend at the Building where the Amplification System has been installed within forty (40) minutes of being requested to do so by Kamloops Fire Rescue; (iii) capable of gaining full access to the Building where the Amplification System has been activated; and (iv) capable of operating the Amplification System. BYLAW NO. 10-45 PAGE 6 {05444584.10} 1389-8518-9130, v. 22 DIVISION 6 - TESTING 6.1 Every owner of a Building in which an Amplification System has been installed to ensure Adequate Radio Coverage must: (a) immediately after installation of an Amplification System, complete an Acceptance Test in accordance with the In-Building Radio Communications Program; (b) complete Annual Tests in accordance with the In-Building Radio Communications Program; and (c) if at any time, radio coverage within the Building no longer meets the Adequate Radio Coverage requirements in In-Building Radio Communications Program, (i) immediately remedy the problem and restore Adequate Radio Coverage; and (ii) perform an Acceptance Test as set out in the In-Building Radio Communications Program. DIVISION 7 - INSPECTIONS 7.1 The Fire Chief, a Fire Inspector, or a Kamloops Fire Rescue member may, at all reasonable hours, enter onto any property and into any Buildings for the purpose of determining whether the requirements of this Bylaw are being met. 7.2 The owner or occupier of any Building must, upon request, give to the Fire Chief, Fire Inspector or Kamloops Fire Rescue member such assistance as they may require in carrying out an inspection or in determining whether the requirements of this Bylaw are being met. 7.3 No Person may obstruct, hinder, or prevent a Kamloops Fire Rescue member from entering onto any property and into any Buildings for the purpose of determining whether the requirements of this Bylaw are being met. DIVISION 8 - DEEMED NUISANCE 8.1 The construction or erection of a Building which interferes with the City's fire services, law enforcement, or other emergency related telecommunications networks is deemed a nuisance because it threatens the safety of persons and property. DIVISION 9 - ENFORCEMENT Compliance Orders 9.1 If the Fire Chief or a Fire Inspector finds that: (a) any provision of this Bylaw or the In-Building Radio Communications Program has been contravened or has not been complied with; (b) any provision of this Bylaw or the In-Building Radio Communications Program has been complied with improperly or only in part; or BYLAW NO. 10-45 PAGE 7 {05444584.10} 1389-8518-9130, v. 22 (c) conditions exist in or upon lands or Buildings to which this Bylaw applies and such conditions, in their opinion, constitute a hazard to persons or property, then the Fire Chief or Fire Inspector may issue such Compliance Orders as they deem necessary to ensure full and proper compliance with this Bylaw. 9.2 A Compliance Order made under this Bylaw will be in writing and will be directed to the owner or occupier of the lands or Buildings in respect of which the Compliance Order is made. Service of Compliance Orders 9.3 Service of a Compliance Order made under this Bylaw will be deemed sufficient: (a) in the case of the owner of a Building, on the day on which it is personally delivered, or on the fifth business day after being mailed by regular post to the address shown on the current year's property assessment roll; and (b) in the case of the occupier of a Building, on the day on which it is personally delivered or posted on the Building, or on the fifth business day after being mailed by regular post to the address of the Building. 9.4 If a Compliance Order has been posted in accordance with section 9.3 of this Bylaw, a Person must not remove, deface, or destroy the Compliance Order. Direct Action 9.5 An owner or occupier who is issued a Compliance Order pursuant to section 9.1 of this Bylaw must comply with the order within the time specified therein. 9.6 If the obligations imposed by the terms of a Compliance Order are not performed within the time period set out therein, the City, by its employees, agents, or contractors, may at all reasonable times and in a reasonable manner enter the land or Buildings to which the order applies and bring about such compliance at the cost of one or more of the following: (a) the occupier of the land or Buildings from which the non-compliance of this Bylaw arises; or (b) the owner of the land or Buildings from which the non-compliance of this Bylaw arises, all of which said costs will be calculated and invoiced as Service Fees under the Fees and Charges Bylaw No 44-14. Such Service Fees will include all costs and expenses incurred by the City to achieve compliance with this Bylaw, including, without limitation, administrative costs; the costs to attend the land or Buildings by City employees and contractors; the costs of equipment, removal, cleanup, and disposal; and the cost of repairs to damaged City equipment, vehicles, or property. BYLAW NO. 10-45 PAGE 8 {05444584.10} 1389-8518-9130, v. 22 Cost Recovery 9.7 If an owner or occupier defaults in paying the Service Fees referred to in section 9.6 of this Bylaw to the City within thirty (30) days after receipt of demand for payment from the City, the City may either: (a) recover the Service Fees from the owner or occupier of the land or Buildings subject to this Bylaw as a debt due to the City in any court of competent jurisdiction; or (b) direct that the amount of the Service Fees be added to and form part of the property tax roll as a charge imposed in respect of work done or services provided in relation to the land or improvements. DIVISION 10 - OFFENCES AND PENALTIES 10.1 A Person commits an offence and is subject to the penalties imposed in Schedule "A" of this Bylaw, the Municipal Ticket Information Bylaw No. 43-15, and the Offence Act, if that Person: (a) contravenes a provision of this Bylaw or the In-Building Radio Communications Program; (b) consents to, allows, or permits an act or thing to be done contrary to this Bylaw or the In-Building Radio Communications Program; or (c) neglects or refrains from doing anything required by this Bylaw or the In-Building Radio Communications Program. 10.2 The maximum fine that may be imposed for a contravention of this Bylaw is $50,000. 10.3 Each day that an offence against this Bylaw continues shall be deemed a separate and distinct offence. 10.4 Any penalty imposed pursuant to this Bylaw is in addition to, and not in substitution for, any other penalty or remedy imposed pursuant to any other applicable statute, law, or legislation. DIVISION 11 - SCHEDULES 11.1 The following schedule is attached to and form part of this Bylaw and is enforceable in the same manner as this Bylaw: Schedule "A" - Offences and Fines. BYLAW NO. 10-45 PAGE 9 {05444584.10} 1389-8518-9130, v. 22 READ A FIRST TIME the 9th day of December 2025. READ A SECOND TIME the 9th day of December 2025. READ A THIRD TIME the 9th day of December 2025. ADOPTED this 13th day of January 2026. ORIGINAL SIGNED BY DEPUTY MAYOR N. BEPPLE ORIGINAL SIGNED BY CORPORATE OFFICER M. MAZZOTTA BYLAW NO. 10-45 SCHEDULE "A" PAGE 10 Schedule "A" - OFFENCES AND FINES Offence Section Minimum Fine Failure to ensure Adequate Radio Coverage requirements met 5.2 $500.00 Failure to install an Amplification System when necessary to meet Adequate Radio Coverage requirements 5.3 $1,000.00 Failure to provide notice to the Fire Chief of the necessity of an Amplification System to meet Adequate Radio Coverage requirements 5.4 $250.00 Failure to comply with an exemption or direction of the Fire Chief 5.6 $500.00 Failure to ensure Amplification System complies with this Bylaw and the In-Building Radio Communications Program 5.7 $500.00 Failure to submit a list of emergency contacts and other operational information to Kamloops Fire Rescue 5.8(a) $200.00 Failure to keep list of emergency contacts and other operational information up to date 5.8(b) $200.00 Failure to provide appropriate emergency contact persons 5.8(c) $200.00 Failure to complete an Acceptance Test 6.1(a) $250.00 Failure to complete an Annual Test 6.1(b) $250.00 Failure to immediately restore Adequate Radio Coverage 6.1(c)(i) $250.00 Failure to perform an Acceptance Test after restoring Adequate Radio Coverage 6.1(c)(ii) $250.00 Failure to provide assistance to the Fire Chief, Fire Inspector, or Kamloops Fire Rescue member 7.2 $500.00 Obstructing, hindering, or preventing a Kamloops Fire Rescue member 7.3 $500.00 Constructing or erecting a Building which interferes with the City's fire services, law enforcement, or other emergency related telecommunications networks 8.1 $1,000.00 Removing, defacing, or destroying a Compliance Order 9.4 $500.00 Failure to comply with a Compliance Order in the time specified therein 9.5 $500.00