Kelowna, British Columbia
· No. 10760
· adopted 2013-07-15
· summary & facts
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SUMMARY:
The Life and Safety Bylaw No. 10760, establishes a municipality to have fundamental powers to impose
the requirements in relation to municipal services, firecrackers, fireworks and explosives and to the
health, safety or protection of persons or property. The Bylaw authorizes the Municipal Fire Chief and
designate to exercise powers for fire related inspections and prevention and regulates the prevention
and control of fires and for regulating the conduct of persons at or near fires as identified through the
Community Charter S.B.C. 2003, c. 26 and Fire Safety Act and Regulations.
The bylaw is place on the Internet for convenience only, is not the official or legal version, and should
not be used in place of certified copies which can be obtained through the Office of the City Clerk at
City Hall. Plans, pictures, other graphics or text in the legal version may be missing or altered in the
electronic version.
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CITY OF KELOWNA
BYLAW NO. 10760
REVISED: March 2, 2026
CONSOLIDATED FOR CONVENIENCE TO INCLUDE:
BYLAW NO. 11116, 11747, 12414 & 12869
FIRE & LIFE SAFETY BYLAW
WHEREAS the Community Charter S.B.C. 2003, c. 26, as amended from time to time, provides that a
municipality has the fundamental powers to impose the requirements in relation to municipal services,
firecrackers, fireworks and explosives and to the health, safety or protection of persons or property;
AND WHEREAS the Community Charter S.B.C. 2003, c. 26, as amended from time to time, provides that
a Municipality may by bylaw authorize the Municipal Fire Chief and designate to exercise powers for fire
related inspections and prevention;
AND WHEREAS, the Community Charter S.B.C. 2003, c. 26 and Fire Safety Act and Regulations, as
amended from time to time, a Municipality may by bylaw regulate the prevention and control of fires
and for regulating the conduct of persons at or near fires;
NOW THEREFORE the Municipal Council of the City of Kelowna, in open meeting assembled, enacts as
follows:
PART ONE: ADOPTION AND APPLICATION OF THE FIRE CODE
1.1
The Fire Code, as amended or replaced from time to time, is adopted and made part of
this Bylaw, such that every provision of the Fire Code shall be considered a provision of
this Bylaw.
1.2
Any person who contravenes, violates or fails to comply with a provision of the Fire
Code or this Bylaw commits an offence under this Bylaw.
1.3
This Bylaw comes into force and takes effect on the date of its adoption by Council.
PART TWO: INTERPRETATION AND GENERAL PROVISIONS
2.1
Words and Phrases
2.1.1
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 Safety Act, the
Building Code, the Fire Code or the Community Charter S.B.C. 2003, c. 26, as the context
and circumstances require.
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2.2
References
2.2.1
Any reference to the Fire Chief shall include a reference to any person duly authorized by
the Fire Chief to exercise any of the Fire Chief's powers or to carry out any of the Fire
Chief's duties under this Bylaw.
2.3
Definitions
2.3.1
Schedule "A" of this Bylaw contains definitions of words and phrases used in this Bylaw.
2.4
Severability
2.4.1
If any part, section, subsection or phrase of this Bylaw is held to be 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.
2.5
Application
2.5.1
The provisions of this Bylaw apply to all buildings, structures, properties, mobile vendors
and conditions within the City and, for certainty, apply to both existing buildings and
buildings under construction.
2.6
Gender and Number
2.6.1
Wherever the singular or masculine is used in this Bylaw, the same shall be construed as
meaning the plural, feminine or the body corporate or politic where the context so
requires.
PART THREE: FIRE DEPARTMENT
3.1
Continuation
3.1.1
The Fire Department is hereby continued for the purposes of providing fire suppression,
first medical response, fire inspections, fire investigations, public education, fire training,
fire dispatch, emergency management and rescue services contemplated under this
Bylaw.
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BL12869 amended Section 3.2
3.2
Fire Chief
3.2.1
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:
a) make and enforce rules for the proper and efficient administration and operation of
the Fire Department and change, replace or withdraw the rules;
b) 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;
c) take measures considered necessary to prevent, investigate and suppress fires,
including the demolition of buildings and other structures to prevent the spreading
of fires;
d) require an owner or occupier to undertake any actions the Fire Chief or designate
considers necessary for the purpose of removing or reducing any condition or
circumstance the Fire Chief or designate considers to be a fire hazard or increases
the danger to life;
e) exercise the following powers under of the Fire Safety Act:
i)
if an emergency arising from a fire hazard or from a risk of explosion causes the
Fire Chief or designate to apprehend imminent and serious danger to life or
property, or of a panic, the Fire Chief or designate may immediately take steps
to remove the hazard or risk;
ii)
if the Fire Chief or designate believes that conditions exist in or near a hotel or
public building, that, in the event of a fire, natural disaster, or other emergency
incident might seriously endanger life or property, the Fire Chief or designate
may immediately take action to remedy the conditions to eliminate the danger and
may evacuate and close the hotel or public building; and
iii) without limiting the foregoing, for these purposes may evacuate a building or
area, and may call on police and other fire prevention authorities who have
jurisdiction to provide assistance;
f) provide for assistance response;
g) enforce this Bylaw and any other City bylaws, rules, orders and regulations for the
prevention and suppression of fire and the protection of life and property;
h) inquire into, investigate and record the causes of fires in the City;
i)
collect and disseminate information in regard to fires in the City;
j)
investigate and make inquiries into fires;
k) research best practices in methods of the areas identified in part 3.1.1;
l)
provide, advise and make recommendations to other officers and employees of the
City, to Council, and to the public, in accordance with any applicable City policies
and procedures, the British Columbia Building Code, British Columbia Fire Code
and the Fire Safety Act in relation to:
i)
the provision of adequate water supply and pressure;
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ii) the installation and maintenance of fire protection equipment;
iii) the enforcement of measures for the prevention suppression of fire and the
protection of life and property;
iv) life safety or rescue equipment; and
v) fire prevention generally.
m) In addition to any agreement to provide services beyond the boundary of the City,
at the discretion of the Fire Chief, the fire department may, where consent in
accordance with s. 13 of the Community Charter has been provided, respond to
requests for assistance beyond the boundary of the City, including but not limited
to
a) fire suppression;
b) technical rescue;
c) assistance where there is a risk of immediate harm to persons or property
including:
i.
medical emergencies;
ii.
hazardous materials incidents;
iii.
traffic accidents.
3.3
Right to Enter
3.3.1
The Fire Chief, designate or Bylaw Enforcement Officers are authorized to enter on
property at any time in order to ascertain whether the requirements of this bylaw are
being met.
BL12869 amended Section 3.4
3.4
Prevention, Control and Enforcement
3.4.1
The Fire Department may, to the extent authorized by sections 8(3)(g) and 66 of the
Community Charter S.B. 2003, c. 26, take all necessary measures for the prevention,
suppression, control and extinguishment of fires, for mitigating the effects of incidents
involving dangerous goods, Natural and/or Human-Made Disasters and for the
protection of life and property, including conducting assistance response and
administering emergency medical services.
3.5
No Interference
3.5.1
No person shall interfere with or obstruct the entry of any member or officer onto any
land to which entry is made or attempted pursuant to the provisions of this bylaw.
3.5.2
No person shall interfere with or refuse to permit any member or officer 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 or officer has reasonable grounds to believe that
an incident has occurred or may occur.
3.5.3
No person shall interfere with any member or officer or refuse to permit any member or
officer to enter into or upon premises or a fire scene to determine
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a) the cause and origin of a fire;
b) the activation of a fire alarm system, or
c) the presence and functioning of a sprinkler system or other fire or life safety
protection system.
3.6
Prohibition Against Entry
3.6.1
A person must not, except as authorized by the Fire Chief, an officer or a member in
charge at an incident:
a) enter any building or premises threatened by a building incident;
b) 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
c) refuse to move from such designated area when directed to do so by a peace officer
or member.
3.7
False Representation
3.7.1
A person must not make false representation as to being a member of the Fire
Department, or wear or display any Fire Department badge, cap, button, insignia or
other paraphernalia for the purpose of such false representation.
3.8
No Obstruction at Assistance Response
3.8.1
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.
3.8.2
Any person refusing to comply with an order of a member under Section 3.8.1 may be
removed from the scene of such assistance response by a peace officer or any member.
3.9
Fire Department Training
3.9.1
Notwithstanding any other provisions of this Bylaw, the Fire Department may burn
buildings, structures or other materials for the purpose of training its personnel,
educating the public on the dangers of fire or for the purpose of eliminating hazards.
BL12869 added Section 3.10
3.10
Malicious Fires
3.10.1
A person must not willfully start a fire in a public place which could endanger life or
property.
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PART FOUR: PERMITS
BL12869 amended Section 4.1
4.1
Permit Required
4.1.1
Every person must obtain a permit issued by the Fire Chief or designate to do any of the
following:
a) installation and removal of gasoline, diesel or oil tanks or dispensing pumps;
b) store flammable or combustible liquids in stationary or underground tanks;
c) use open flames for display purposes;
d) discharge, fire or set off any consumer fireworks or display fireworks as defined
under Schedule "A", attached to and forming part of this Bylaw;
e) start or permit a fire of any kind whatsoever in the open air unless otherwise
permitted within this Bylaw;
BL12869 amended Section 4.2
4.2
Permit Application
4.2.1
Every application for a permit shall be made in the form prescribed by the Fire Chief at
the Main Fire Hall Administration Office at 2255 Enterprise Way, Kelowna B.C. during
normal business hours between 8:00am -4:00pm, Monday to Friday, excluding holidays.
BL12869 amended Section 4.3
4.3
Permit Issuance
4.3.1
Council hereby delegates to the Fire Chief, including the Fire Chief's designate, the
authority under section 8 (3) of the Community Charter to regulate, prohibit and impose
requirements by means of issuing permits for section 4.1.1 of this Bylaw.
4.3.2
Where an application for a permit is made to the Fire Department on the prescribed
form, the Fire Chief or designate may issue the permit if:
a) the receptacles, vehicles, buildings or other places to be used have been inspected
and approved by a Fire Inspector, where the Fire Chief or designate considers such
inspection necessary;
b) the applicant has paid the applicable fee prescribed in Schedule "B" of this Bylaw.
4.4
Permit Conditions
4.4.1
Every permit required by Section 4.1 shall be subject to the following conditions:
a) a permit may not be transferred to another person;
b) the Fire Chief or designate may suspend or revoke a permit if there is a violation of:
i)
any condition under which the permit was issued, or
ii) any requirement of this Bylaw or other applicable legislation; and
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c) the permit must be posted in a conspicuous place in or on the premises which are
subject to the permit, or carried at all times during the permitted use or activity and
produced on request by a member.
BL12869 amended Section 4.5
4.5
Open Air Burning
4.5.1
Except in accordance with permission in part 4.5 hereunder, no person shall start or
permit a fire of any kind whatsoever in the open air within the City of Kelowna, without
first having obtained a written permit to do so from the Fire Chief or the Fire Chief's
designate.
4.5.2
No permit is required for open air burning:
a) for an outdoor appliance, such as an outdoor fire pit, food smoker, outdoor fireplace
or barbeque, provided that the following conditions are met:
i)
The appliance is CSA/ULC, CGA or equivalent approved;
ii)
The appliance is fueled by natural gas, propane, gel or charcoal briquette only, or
smoker pellets;
iii) Clearance to combustibles - A minimum of 1 meter clearance must be maintained
from the nearest structure, property line, overhead tree or other combustible
material for an appliance;
iv) The installation of gas fueled appliances must be approved by the authority having
jurisdiction and installed in accordance with the manufacturer's specifications;
v)
Supervision - the operator must keep the unit under constant supervision when in
use;
vi) Provisions for fire protection - provide an adequate extinguishing agent such as a
fire extinguisher or garden hose; and
vii) No person shall burn, or allow to be burned, refuse, waste, wood or wood products
in an outdoor device or structure designed for the purposes of cooking or
recreation.
b) by the Fire Department for the purpose of training members in structural firefighting
methods, fire investigation procedures, public education or for the purpose of
elimination of fire hazards.
4.5.3
In addition to the conditions established in Section 4.4.1, every permit issued for open air
burning shall be subject to the following requirements and conditions:
a) no open air burning may be started or permitted on lots less than one (1) hectare
(2.47 acres); unless approved by the Fire Chief or designate;
b) a minimum of one (1) adult must be in attendance at all times during burning;
c) a burning site pile shall be not less than 30.5 metres (100 feet) from:
i)
any combustible structure or combustible material;
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ii) any standing timber and surrounding brush; or
iii) any watercourse.
d) Open burning shall comply with sections 13 or 23 of the Open Burning Smoke
Control Regulation;
e) Materials to be burned originate only from the property on which the burning
permit is issued, and the materials to be burned under the burning permit are
restricted to prunings, branches, tree trunks or other dry piled products of land
cleaning;
i)
Stumps or other material 10 centimetres or greater in diameter, shall not be
burned unless they have been allowed to dry for at least two (2) years or
have been dried to the extent that the dry basis moisture content is 30% or
less or to the satisfaction of the Fire Chief or designate;
ii)
Material less than 10 centimetres in diameter shall only be burned if they
have been allowed to dry for 6 months or to the extent that the dry basis
moisture content is 30% or less or to the satisfaction of the Fire Chief or
designate.
f) Compostable materials, including grass clippings, leaves, tree needles, garden
waste and weeds, shall not be burned;
g) Open burning is prohibited when the venting index is less than 55 and the
particulate matter PM 2.5 concentration (24 hour rolling average) is 15 µg/m3 or
greater. Permit holders are required to ensure these conditions on the day they
want to burn;
h) In all cases:
i)
rubber tires, oil, petroleum products, tar, asphalt products, batteries, refuse,
plastic, construction material, or non-dried materials of any kind shall not be
used to start, fuel or feed a fire; and
ii) standing crops and grasslands shall not be burned.
i)
If, at any time, a permit is suspended or cancelled, the fire must be extinguished, a
new permit applied for in writing, and the site and operation re-inspected before
recommencing burning;
j)
The operating of a domestic outdoor or backyard incinerator or any structure
serving as a domestic incinerator is prohibited;
k) No person shall start a fire upon the land of another without permission of the
owner;
l)
Subject to any conditions that may be imposed pursuant to this bylaw, permits
shall be issued only during the period of October 1st to April 30th each year, provided
that where the Fire Chief or designate considers it safe to do so, he may issue a
permit for any time during the year under such conditions and restrictions he
considers necessary;
m) In addition to any other remedy or offence imposed by this bylaw, a person who
starts a fire without a valid permit pursuant to this part shall be responsible for the
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costs of providing the additional personnel and equipment that the Fire Chief or
designate may deem necessary to extinguish the fire or to suppress any escape or
threatened escape of the fire;
n) The permit may be revoked or suspended where, in the opinion of the Fire Chief or
designate, open air burning under the prevailing weather conditions or other
circumstances could reasonably be expected to be hazardous to public safety or to
create a nuisance;
o) The permit holder shall comply with all other conditions, restrictions and
requirements imposed by the Fire Chief or designate;
p) A burning permit may be granted only after every reasonable alternative for
reducing, reusing, or recycling has been pursued to minimize the amount of
material to be burned. Open burning will be started at 10:00 am and concluded by
4:00 pm or two hours before sunset, whichever is later on the same day the open
burning starts;
q) No pile shall be larger than 2 metres in height by 3 metres in diameter; and
r) A permit holder is responsible for complying with all applicable regional and
provincial regulations not governed under this bylaw.
4.5.4
For certainty a permit for open air burning may not be issued for the open burning of
wood, trees, stumps, shrubbery and woody debris that results from the land being
cleared or partially cleared of vegetation to help prepare the land for a different non-
farming use (eg: farmland to residential, forest land to residential, forest land to open
areas, or rural lands to subdivisions, etc).
4.5.5
Without limiting section 4.5.1, the Fire Chief or designate may issue a permit:
a) To allow burning of wood debris for the purpose of fuel reduction or hazard
abatement on private or public property;
b) To allow burning that promotes wildfire risk reduction in a high smoke sensitivity
zone in accordance with section 15 of the Open Burning Smoke Control Regulation;
c) For the purpose of burning wood waste removed from any property, including
those less than 1.0 hectares (2.47 acres) in size infested with a pathogen or insect
listed in, and verified by one of the persons identified in, the Open Burning Smoke
Control Regulation. Damaged material may be burned on property other than that
of its place of origin. Such a permit shall specify the conditions and restrictions the
Fire Chief or designate determines are necessary, and shall specify the location at
which the waste is to be burned;
d) Air curtain burning is the only method permitted within the City of Kelowna for
disposal of fuel modification or land clearing wood waste on the property of origin
or on properties other than the property of origin:
i) the Fire Chief may issue a permit to allow air curtain burning in accordance with
Division 5, section 28 (1), (2), (3), (4) and (5) of the Open Burning Smoke Control
Regulation and conditions stated in 4.5.3 (g) of this Bylaw;
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ii) the first day of burning must occur after 10:00 a.m., Appropriate firefighting
equipment must be maintained on-site at all times. This includes a water supply
and delivery system and a heavy excavator or similar machine capable of
dismantling and burying burning materials;
iii) the Burning Permit Holder must notify Kelowna Fire Department and Kelowna
Fire Dispatch on each day that burning operations are undertaken;
iv) Kelowna Fire Department reserves the right to cancel and rescind the Burning
Permit at any time, without notice, if smoke, flame and/or the products of
combustion become hazardous or excessive; or if permit conditions are not
being followed;
v) if Kelowna Fire Department determines that extinguishment is necessary due
to a hazardous or nuisance condition created by burning operations, the
Burning Permit Holder will be responsible for the financial cost of
extinguishment, mop-up and overhaul of the burning materials;
vi) the Fire Chief may determine other requirements to allow the air curtain burn
to proceed safely and minimize the impact to the public;
vii) the requirement for the use of an air curtain burner for open air burning may
be waived by the Fire Chief or designate if there is an immediate requirement
for the disposal of diseased agricultural trees and failure to remove such trees
would have a negative impact to the region.
4.5.6
Despite section 4.5.3(n), the Fire Chief or designate may issue a permit at any time
during the year where it is considered safe to do so and may include such conditions and
restrictions as deemed necessary to ensure the burning may be conducted safely.
4.5.7
Despite section 4.5.3 the Fire Chief or designate may include the following conditions or
requirements in a permit for open air burning:
a) An adequate firefighting water supply, firefighting equipment and staff capable of
deploying the water supply and firefighting equipment be readily available;
b) The burning site must be inspected and approved by the Fire Chief or designate
prior to the commencement of operations and is subject to future inspections at
any time.
4.5.8
The Fire Chief or designate may refuse to issue and may revoke or suspend a permit for
open air burning if, in the opinion of the Fire Chief or designate, burning under the
prevailing weather conditions or other circumstances could reasonably be expected to
be hazardous to public safety or health or to create a nuisance.
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PART FIVE: FIRE PROTECTION EQUIPMENT
BL11747 & BL12869 amended Section 5.1
5.1
Buildings and Occupancies
5.1.1
Maintenance and Testing
(a)
Every Owner or Occupant of a premise for which a system of fire protection
equipment is installed or required under the Building Code or Fire Code must:
(i)
inspect, test, record, maintain, and repair the system in accordance to the
standards and requirements of the Building Code and Fire Code;
(ii)
where a Fire Protection Service Technician has inspected or tested fire
protection equipment pursuant to 9.1 of this bylaw, the fire protection
technician shall label the equipment and the owner or occupant shall maintain
records in a manner acceptable to the authority having jurisdiction; and
(iii) promptly notify the Fire Department:
1. if the system or any part of it has been taken out of service, becomes
inoperable, or has otherwise stopped functioning properly; and
2. report to the Fire Department when the service is restored, is fully operable
and functioning properly.
(b)
Every Owner or Occupant who is required under the Fire Code to perform or cause to
be performed an inspection or test of fire protection equipment must ensure that:
(i)
the inspection or test is performed by a Fire Protection Service Technician;
(ii)
a copy of the inspection and/or test form completed by the Fire Protection
Service Technician is delivered to the Fire Department; and
(ii)
all deficiencies are completed by the date provided and delivered to the Fire
Department.
(c) A Fire Protection Service Technician who carries out inspections, testing, maintenance
or repair of fire protection equipment must:
(i)
use an inspection and testing form that is acceptable to the Fire Chief; and
(ii)
be ASTTBC certified or equivalent acceptable to the Fire Chief or designate.
(d)
No person shall undertake any work or testing on fire protection equipment or life
safety systems that sends an alarm directly to an alarm monitoring company without
notifying that company prior to undertaking the work or testing.
(e)
The Owner or Occupant shall correct any deficiencies to the fire alarm or sprinkler
system when the Fire Department attends a premise where a fire alarm or sprinkler
system has been activated without proper cause.
5.1.2 Every owner of premises must ensure that all fire protection equipment required under the
Building Code or Fire Code shall be inspected, tested and maintained in accordance with
good engineering practices and the applicable standards, requirements and guidelines of
the British Columbia Building Code, the City's Building Bylaw No. 7245, the British
Columbia Fire Code, this Bylaw and all other applicable enactments, all as amended or
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replaced from time to time, and any equivalents or alternative solutions required or
accepted under those enactments.
5.1.3
A "Notice of Responsibility" form shall be used to document and officially notify building
owners/ representative(s) of what is expected of them by the Kelowna Fire Department
regarding the restoration of the building's fire protection systems and the owner/
representative's fire watch duties.
The "Notice of Responsibility" form may be used in the following circumstances:
a)
When a building's fire protection system(s) have been compromised.
b)
When a building's fire protection system will not restore to normal working
condition.
c)
When a FIREWATCH is required.
BL12869 amended Section 5.2
5.2
Connections for Building Sprinkler and Standpipe Systems
5.2.1
Fire Department pumper connections shall be located and positioned in accordance with
the British Columbia Building Code or as approved by the Fire Chief or designate.
5.2.2
All Fire Department pumper connections and protective caps shall be kept in place at all
times and, where such connections or protective caps are missing, the building owner or
occupier shall promptly cause the connections to be examined for accumulated material,
back-flushed if such material is present or suspected, or upon the direction of a Fire
Inspector, and shall ensure the connections and caps are replaced.
5.2.3
Every owner or occupier of a building must ensure that accesses to Fire Department
connections for sprinklers or standpipe systems are clearly identified, functional, kept in
good repair and maintained free of obstructions at all times.
5.2.4 Every owner or occupier of a building shall ensure that signs are displayed identifying:
a)
Which Fire Department connection serves a particular sprinkler or standpipe
system; and
b)
The maximum pumping inlet pressure at a Fire Department connection.
BL12869 amended Section 5.3
5.3
Sprinkler Systems
5.3.1
Every owner of premises for which a sprinkler system is required under the British
Columbia Building Code must, in accordance with the requirements of the British
Columbia Fire Code, British Columbia Building Code, and applicable NFPA (National Fire
Protection Association) standards, maintain, repair and upgrade the sprinkler system to
accommodate any material change in use or occupancy that results in a greater fire
hazard than that which the sprinkler system was intended to accommodate.
5.3.2
Where a Fire Inspector considers that a change in the use or occupancy of a building
equipped with a sprinkler system may create an increased fire hazard, such that the use
or occupancy exceeds the criteria for which the sprinkler system was designed, the Fire
Inspector may require the owner or occupier to provide confirmation to the Fire
Inspector by a professional engineer that the design limitations of the original sprinkler
system installation standard have not been exceeded.
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5.3.3
The confirmation referred to in Section 5.3.2 shall be in a form acceptable to the Fire
Inspector and shall identify, without limitation:
a) The sprinkler design standard used for comparative analysis;
b) The available water supply for sprinkler and hose allowances;
c) The current:
(i)
occupancy hazard or commodity classification,
(ii)
method of packaging and encapsulation,
(iii)
method of storage of commodities (e.g. by rack, palletized, solid pile, solid
shelving),
(iv)
height of storage, and
(v)
clearance between racks, piles or stacks;
d) The required level of manual firefighting equipment (e.g. fire hose and portable fire
extinguishers);
e) The required and available density of water application;
f) The required design area of water application;
g) The fire alarm system and central station connection(s); and
h) A statement of the current status and level of performance of the sprinkler system,
including whether the sprinkler system conforms or does not conform to the
identified design standard, and if nonconforming, provide specific instructions for
the improvement of the sprinkler system, reduction of the fuel load or other
alternative solutions acceptable to the Fire Inspector.
5.3.4
Fire sprinkler isolation valves shall be installed so that they are readily accessible.
Should the isolation valves be installed higher than 7 feet in height from the floor level,
ladders acceptable to the Fire Chief or designate shall be permanently affixed to the
wall to provide access.
5.3.5
Fire sprinkler control valves and/or fire sprinkler "trees" shall not be installed in a location
which is obstructed by adjacent mechanical systems. An unobstructed access of 1m
shall be provided in front of each control valve and a center line radius of 50 cm on either
side of the control valve.
5.4
Sprinkler System or Standpipe Operations - Building Demolition
5.4.1
When a building equipped with a sprinkler system or a standpipe is being demolished,
the system or standpipe shall be maintained in operation, subject to sequential
deactivation, until the demolition work is completed.
BL11747 & BL12869 amended Section 5.5:
5.5
Smoke Alarm/Carbon Monoxide Alarms
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5.5.1
The owner and occupier of every premise with residential occupancy must ensure that
operational smoke alarms and carbon monoxide alarms (if required) are maintained,
tested, repaired and replaced in accordance with the requirements of the manufacturer.
5.5.2
Operational smoke and carbon monoxide alarms must adhere to the standards of the
British Columbia Building Code, the British Columbia Fire Code and Amendments
thereto. Smoke alarms shall be provided in accordance to the British Columbia Building
Code and British Columbia Fire Code and Amendments thereto.
5.5.3
Daycares licensed for 8 children or less operating in a residential occupancy must have
an approved hard wired interconnected smoke alarm on each level of the house."
5.5.4
Daycares licensed for 8 children or less operating in a residential occupancy containing
gas appliances must have an approved carbon monoxide alarm.
5.6
Fire Hydrants
5.6.1
The fire hose connection type, hydrant colour coding and location of all fire hydrants and
other Fire Department connections shall be subject to the approval of the Fire Chief or
designate.
5.6.2
No person except a member shall use or take water from any fire hydrant or standpipe,
nor make any attachment thereto, without first obtaining written permission from the
authority having jurisdiction.
5.6.3
A person must not tamper with the mechanical operation of a fire hydrant.
5.6.4
A person must not remove a fire hydrant from its authorized or required location unless
authorized to do so by the Fire Chief and in accordance with any direction, conditions,
measures or requirements of the Fire Chief.
5.7
Fire Hydrant Maintenance
5.7.1
All hydrants shall be maintained and inspected in accordance with the British Columbia
Fire Code and the National Fire Protection Association (NFPA) standards.
5.7.2
Owner(s) and/or occupier(s) of property where a fire hydrant is located having
knowledge of a fire hydrant out of service must notify the fire department as soon as
practicable.
5.7.3
Owner(s) and/or occupier(s) of property who should have responsibility for the
maintenance of such hydrants must tag all out of service hydrants with a tag indicating
the hydrant is out of service.
BL12869 amended Section 5.8:
5.8
Fire Hydrants on Private Property
5.8.1
Where a fire hydrant is located on private property, the owner or occupier of the
premises must:
16
a) maintain the space around the fire hydrant with stable ground cover and a clear and
unobstructed area for a radius of at least one (1) metre; and
b) maintain ground cover and clearance around the hydrant so as to provide a clear
view of the fire hydrant from the street when being approached from either
direction.
5.8.2
If an owner or occupier fails to properly maintain the ground cover and clearance around
a fire hydrant as required by Section 5.8.1, the Fire Chief or designate may issue an order
to the owner or occupier to provide stable ground cover and clearance around the
hydrant within a time period specified in the order.
5.8.3
If an owner or occupier fails to comply with an order issued under Section 5.8.2 within
the time specified in the order, the City may enter onto the property and carry out such
work at the cost of the owner.
5.8.4
The owner or occupier of premises on which a private fire hydrant is installed, must
ensure that the hydrant is maintained in good working condition at all times and that the
hydrant is inspected, serviced and tested in accordance to Part 5.7 of this Bylaw by a
Qualified Technician.
5.8.5
Without limiting Section 5.8.4, the owner of property on which a private fire hydrant is
installed must:
a)
once a year, have the private hydrant flushed and drained and have all the threads
of outlets and caps greased with waterproof grease;
b)
retain service records for two years and provide to the Fire Chief or designate when
requested;
c)
provide the Fire Chief or designate with a written report of the flow test performed
on new or relocated fire hydrants in accordance to NFPA 291 on a form approved
by the AHJ. A combination of actual flow and modeling is acceptable;
d)
ensure fire hydrant colour coding is based on NFPA 291 Standards; and
e)
ensure a fire hydrant has a weatherproof service ring indicating the service date
and volume installed on the 65 mm port. The ring must be larger than cap.
BL11116, BL11747 & BL12869 amended Section 5.9:
5.9
Premises Under Construction
5.9.1
The owner of premises under construction must ensure that an emergency access route
is provided that:
a) is finished in accordance to the requirements set forth in City of Kelowna
Subdivision, Development and Servicing Bylaw No. 7900 or other surface materials
acceptable to the Fire Chief or designate;
b) provides adequate access for Fire Department apparatus;
c) is clearly designated as an emergency access route;
d) is maintained at all times free of obstruction; and
e) is secured with security, fencing, gate, bollard, chain or other structure or assembly
approved by the Fire Chief or designate prior to installation.
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5.9.2
Every owner of premises under construction must ensure that an adequate water supply
for fire protection is provided as soon as combustible construction material or
encapsulated mass timber material arrives on a site.
5.9.3
Every owner of premises under construction must ensure that the Fire Department is
notified of all newly installed or relocated fire hydrants prior to their installation to
permit testing and approval of all such hydrants.
5.9.4
During construction, servicing or repairs of private fire hydrants and water supply
systems, the owner of the premises must ensure that all fire hydrant conditions affecting
fire safety, such as fire hydrants temporarily out of service, low water volumes and low
water pressures, are immediately made known to the Fire Department.
5.9.5
The City of Kelowna Fire Safety Plan for Construction, Demolition and Renovation form
must be submitted to the fire department for review prior to the commencement of
construction.
5.9.6
Where part of a building continues to be occupied, the occupied part shall be separated
from the part be constructed/demolished by a minimum 1-hour fire resistance rating.
5.9.7
Acceptable measures shall be taken to mitigate fire spread to adjacent buildings and
facilities that would be exposed to fire originating from buildings, parts of buildings,
facilities and associated areas undergoing construction, alteration or demolition.
5.9.8
For a residential, business or personal service construction site, smoking shall be
prohibited within 3 meters of the building or part of the building that is under
construction, demolition, or alteration.
5.10
Emergency Access Routes
5.10.1
Every gate, bollard, chain or other structure used to secure a required primary or
secondary emergency access route must be approved by the Fire Chief or designate
prior to installation.
5.10.2
Every emergency access route must be clearly marked with permanent signage, or with
highway marking of lines and words, in a size and colour approved by the Fire Chief or
designate, which must read:
FIRE LANE - NO PARKING
5.10.3
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
Fire and Life Safety Bylaw No. 10760
5.10.4
A person must not:
a) park a vehicle in an emergency access route; or
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b) interfere with, hinder or obstruct access to an emergency access route by Fire
Department apparatus
unless authorized to do so by the Fire Chief or designate and in accordance with any
direction, conditions, measures or requirements of the Fire Chief or designate.
5.11
Fire Protection Equipment Orders
5.11.1
The Fire Chief or designate may order the owner of an existing multiple-family
residential, assembly, mercantile, business and personal services, industrial, care or
detention occupancy to provide or make alterations to fire protection equipment and
systems including heat and smoke detection, fire alarms, fire extinguishers, sprinkler
systems, exit signs, emergency lighting, fire separations and means of egress in order to
provide adequate life safety to its occupants, provided that the requirements of any
such order may not exceed those established by the British Columbia Building Code or
British Columbia Fire Code or building regulations established in accordance with the
Building Code or Fire Code. An owner may satisfy the requirements of an order through
equivalents or alternative solutions accepted by the Fire Chief or designate.
PART SIX: FIRE ALARM SYSTEMS
6.1
Contact Persons
6.1.1
The owner or occupier of any premises with a fire alarm system monitored by an outside
monitoring agency must ensure that at least one contact person is available 24 hours a
day to attend, when notified by the monitoring agency, to enter and secure the premises
at a building incident.
6.1.2
The owner or occupier of any premises with a fire alarm system not monitored by an
outside monitoring agency must maintain and provide to the Fire Department a current
list containing the names and telephone numbers of three (3) contact persons, at least
one of whom is available 24 hours a day to attend, enter and secure the premises at a
building incident, and must notify the Fire Department promptly of any changes in the
names or addresses of contact persons.
6.1.3
Every contact person designated under Section 6.1.1 or 6.1.2 must have full access to the
premises for which they have responsibility and must be able to take control of and
secure the premises from the Fire Department on completion of assistance response or
other incident.
6.1.4
Where a contact person fails to respond to a fire alarm and attend the premises:
a) the Fire Department 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 such forced
entry while the Fire Department is on scene.
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6.1.5
Where a contact person fails to respond to a fire alarm and attend the premises within
45 minutes:
b) the owner or occupier of the premises shall be liable to reimburse the City, at the
rates specified in Schedule "B", for the cost to the City of all time during which Fire
Department apparatus and members were required to remain on standby at the
premises, commencing after the 45 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.
BL12869 amended Section 6.2:
6.2
Activation
6.2.1
A person must not activate a fire alarm system unless:
a) there is a fire;
b) the person reasonably believes that a fire or other incident is occurring or is
imminent; or
c) the activation is carried out for testing purposes by authorized person(s).
6.2.2
A person must not activate or discharge a fire extinguisher unless:
a) there is a fire; or
b) the person reasonably believes that a fire or other incident is occurring or is
imminent.
PART SEVEN: EMERGENCY ACCESS AND EVACUATION
BL11747 deleted section 7.1:
7.1
[deleted]
BL12869 amended Section 7.2:
7.2
Fire Safety Plan
7.2.1
The owner or occupier of any building required by the British Columbia Fire Code to have
a fire safety plan prepared in cooperation with the Fire Department must:
a) prepare the fire safety plan in a form, format and diagram template acceptable to
the Fire Chief or designate and submit the fire safety plan to the Fire Prevention
Branch for review;
b) pay the fee prescribed in Schedule "B" of this Bylaw for review of the fire safety
plan;
c)
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 Prevention Branch for review;
d)
locate the fire safety plan on the premises in a location and manner acceptable to
the Fire Chief or designate to allow for reference by the Fire Department. The Fire
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Chief or designate may require the fire safety plan to be stored in a fire safety plan
storage box, of a type and in a location approved by the Fire Chief or designate and
accessible by any member using a Fire Department lock box key; and
e)
ensure that the analysis required by the British Columbia Building Code in cases of
new construction or a change in occupancy relevant to fire and life safety is
submitted as part of the Fire Safety Plan.
7.2.2
In every case where a fire safety plan for a building is required by the British Columbia
Fire Code, the required supervisory staff must consist of a Fire Safety Director and at
least one Deputy Fire Safety Director to act when the Fire Safety Director is absent.
7.2.3
In every case where a fire safety plan for a building is required by the British Columbia
Fire Code, either the Fire Safety Director or the Deputy Fire Safety Director must be
present at the premises. .
BL12869 amended Section 7.3:
7.3
Pre Incident Plan
7.3.1
The Fire Chief or designate may require, in addition to a Fire Safety Plan, a Pre-Incident
Plan submitted in a form acceptable to the Fire Chief or designate.
7.3.2
An owner of a building without a Fire Alarm System, other than a single-family dwelling,
duplex or triplex, shall submit in a form acceptable to the Fire Chief or designate a
current Pre-Incident Plan.
7.3.3
The owner of a building or structure who has submitted a Pre-Incident Plan to the Fire
Chief or designate shall each year, before the expiry of one (1) year from the last
approval of this Pre-Incident Plan, revise it and resubmit it to the Fire Chief or designate
if any changes are necessary as a consequence of changes to the building, utilities or Fire
and Life Safety Equipment.
BL12869 amended Section 7.4:
7.4
Access and Keys
7.4.1
Every owner or occupier of
a) premises having a fire alarm system or an automatic fire sprinkler system; and
b) all apartment buildings, whether rental or strata owned;
c) all buildings for which the British Columbia Fire Code requires a Fire Safety Plan;
d) strata titled developments
must ensure that access is readily available and any keys required to obtain access to the
following areas are readily accessible, and in an approved Fire Department lock box in a
location acceptable to the Fire Chief or designate and such keys are clearly marked:
e) all common floor areas, service rooms and roof areas;
f) all doors that are locked from the exit stairs to floor areas;
g) as required to recall elevators and to permit independent operation of each
elevator;
21
h) all fire alarm control and annunciator panels and fire fighter telephone boxes;
i)
all gates on access routes;
j)
all firefighting equipment storage rooms where equipped; and
k) as may be required by the Fire Chief or designate for the purpose of responding to
the fire alarm system or automatic fire sprinkler system.
7.4.2
The information on the proposed location of the lock box or key tube shall be provided
to the City at the time of application for a building permit.
7.5
Obstructions
7.5.1
A person must not install or maintain any wire, barbed wire, razor ribbon, fence, cable,
aerial, antenna or other obstruction on any building roof, parapet wall or openings in an
exterior wall required by the British Columbia Building Code or the British Columbia Fire
Code for Fire Department access, so as to obstruct access or egress, cause a hazardous
condition, or interfere with Fire Department operations in the event of fire or other
incident.
7.6
Storage on Roofs
7.6.1
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 Department operations in case of fire or other emergency, and shall
remove all such objects or materials upon the order of the Fire Chief or designate.
7.7
Passageways on Roofs
7.7.1
A person must not obstruct access passageways on a roof surface.
7.8
Evacuation of Buildings
7.8.1
The Fire Chief or officer in charge at a building or other incident may order the
evacuation of a building, structure or area which, in the opinion of the Fire Chief or
officer in charge, is endangered by fire or other risk to life, and no person other than the
Fire Chief, a member or other person authorized by the Fire Chief or the officer in charge
at an incident, shall remain in or enter that building, structure or area after such an order
is made.
7.8.2
The Fire Chief or officer in charge at an incident may post a notice on any building or
structure warning that occupancy of the building may be hazardous or that no
occupancy of the building is permitted.
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7.9
Street Addresses
7.9.1
An owner of real property in the City shall ensure that street addresses are displayed in
accordance with the City of Kelowna Building Numbering Bylaw No. 7071, as amended
or replaced from time to time.
PART EIGHT: REGULATION OF FIRE HAZARDS
BL12869 amended Section 8.1:
8.1
Removal of Fire Hazards
8.1.1
A person must not cause or permit combustible materials, growth, waste or rubbish of
any kind to accumulate in or around premises in such a manner as to endanger property
or to constitute a fire hazard.
8.1.2
A Fire Inspector may issue an order to any person to remove or otherwise deal with an
accumulation of materials or growth referred to in Section 8.1.1, and upon receipt of
such order, that person shall take whatever action is specified in the Fire Inspector's
order within the time period specified therein, failing which the Fire Department may
take whatever action is necessary to remove the fire hazard at the expense of the person
to whom the order is directed or the owner or occupier of the premises.
8.1.3
Lids on all containers and doors to rooms or spaces provided for the storage of
combustible materials or flammable materials shall be kept closed at all times except
when such materials are being placed in the containers, rooms or spaces.
8.1.4
No person shall make, construct, maintain or keep an ash-pit or depository for ashes
within the City unless the same shall be constructed of brick or other fireproof or non-
combustible material.
8.1.5
No person shall deposit ashes or other materials taken from any stove, furnace,
barbecue or fireplace (or taken from any place in or on which any fire shall have been
made) within one (1) meter of any combustible material. All ashes shall be deposited in a
non-combustible receptacle.
8.1.6
No person shall discard or deposit smoking materials on a roadway or sidewalk or on any
public or private lands where the action could result in a fire.
8.2
Refuse and Recycling Containers
8.2.1
Subject to Subsections 8.2.2 and 8.3.3, an owner or occupier of premises with multi-
family residential, commercial, professional service, institutional, industrial or assembly
occupancies must ensure that all refuse and recycling containers used be non-
combustible including lids, unless approved by the Fire Chief or designate and are stored
not less than three (3) meters from any:
a) combustible materials including, without limitation, construction materials; or
b) unprotected building openings or overhangs.
23
8.2.2
Where the Fire Chief of designate has specifically approved the location of the refuse or
recycling container as requiring less than 3 meters clearance from any combustible
materials, construction materials, unprotected building opening or overhangs, the
clearance required by paragraph 8.2.1 does not apply,
8.2.3
Where the clearances required by paragraph 8.2.1 are not feasible, a non-combustible
container with self-closing lids and no hold-open devices may be stored in a location
approved by the Fire Chief or designate and not less than one (1) meter from
combustible materials, standing vegetation or unprotected building openings.
BL12869 amended Section 8.3:
8.3
Flammable or Combustible Liquids
8.3.1
A person must ensure that all flammable or combustible liquids are stored in accordance
with the British Columbia Fire Code.
8.3.2
A person must not use any flammable or combustible liquid which reasonably could be
expected to endanger life or property for the purposes of cleaning within any building.
8.3.3
A cumulative volume of Class 1 flammable liquids being stored on a residential lot or
property shall not exceed 205 litres. Storage exceeding 205 litres shall be stored in
storage tanks conforming to section 4.3 of the Fire Code and installed in conformance
with the requirements of this bylaw. This shall not apply to fuel tanks on vehicles or
tanks on ALR land.
8.3.4
All storage listed in 8.3.3 shall be stored a minimum of three (3) meters from the
property line.
8.4
Order to Remove Flammable or Combustible Material
8.4.1
A Fire Inspector may issue an order to an owner or occupier of premises to remove,
dispose of or otherwise deal with flammable or combustible material, including but not
limited to combustible or flammable liquid, combustible metal, and flammable fibre or
gas where such material endangers life or property or is being kept or stored in contrary
to the British Columbia Fire Code or this Bylaw. Upon receiving an order of the Fire
Chief or designate, a person must remove, dispose of or otherwise deal with the
flammable or combustible material immediately or within a time period established in
the order, failing which the Fire Department may take whatever action is necessary to
remove the flammable or combustible material at the expense of the person to whom
the order is directed or the owner or occupier of the premises.
8.5
Vehicle Fuel Tank
8.5.1
Without limiting any other provision in this Section, an owner of a vehicle must ensure
that fuel within the vehicle's fuel tank is removed to a safe area prior to any adjustment
to, or relocation of, the fuel tank from its original position on the vehicle.
24
8.6
Explosion or Potential Explosion, Emission or Spill of Dangerous
Goods
8.6.1
Every owner or occupier of premises or a motor vehicle, vessel or railway rolling stock,
must report immediately to the Fire Chief or designate 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.
BL12414 & BL12869 amended Section 8.7:
8.7
Vacant Premises
8.7.1
For the purpose of this section, a vacant premise(s) shall be:
a)
A lot, building or other structure in respect of which a water or an 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; or
b)
A lot, building or other structure where the premise is being inhabited by squatters
or by persons not owning the property who have gained entry to the premise/unit
or part thereof, in order to seek temporary shelter; or
c)
a lot, building or other structure where the owner or person in care and control of
the property has deemed unoccupied.
8.7.2
The owner of vacant premises must promptly act to ensure that, at all times:
a)
the lot, building or other structure is 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 British Columbia Fire Code and
this Bylaw; and
b)
All openings in the building or structure must be securely closed and fastened in
conformance with the requirements listed in Schedule D of this Bylaw, and
c)
The Sprinkler and fire alarm systems remain operational as per requirements of the
British Columbia Fire Code."
8.7.3
Where an owner fails to securely close a vacant building as required by Subsection 8.7.2
(b), the Fire Chief or designate may, by notice in writing, order the owner to secure the
building or other part of the vacant premises against unauthorized entry in conformance
with Schedule D of this bylaw.
8.7.4
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 8.7.3, or if
the Fire Chief or designate is unable to contact the owner within twenty-four (24) hours
of finding vacant premises in an unsecured state, the Fire Chief or designate may cause
the premises to be secured by City employees, agents or contractors, in conformance
with Schedule D of this Bylaw. All costs and expenses shall be incurred by the owner.
25
BL12414 & BL12869 amended Section 8.8:
8.8
Damaged Buildings
8.8.1
The owner of a building, property or other structure that has been damaged due to fire,
explosion, natural or manmade disaster or similar event must immediately act to
ensure that the building, property or other structure is guarded until such time as the
building can be secured in conformance with Schedule D of this bylaw.
a) If the owner fails to provide the necessary security within two (2) hours of being
notified by the Fire Department, The Fire Chief or designate may hire the necessary
security or have the building secured in conformance with Schedule D of the bylaw.
The work shall be carried out at the cost and expense of the owner.
b) If the Fire Department is unable to contact the owner within two (2) hours of
attending the incident, the Fire Department may hire the necessary security on
behalf of the owner or have the building secured in conformance with Schedule D
of this bylaw. The work shall be carried out at the cost and expense of the owner.
BL12869 amended Section 8.9:
8.9
Mobile Food Vendors, Exhibits, Fairs, Trade Shows or Vehicle
Displays
8.9.1
Every owner or occupier of premises containing or used for an exhibit, fair display, trade
show display or vehicle display must comply with all applicable provisions of the Fire
Code and, without limiting the generality of the foregoing, must ensure that:
a) no exhibit or display is placed in a lobby or foyer or so as to obstruct the required
width of an exit way;
b) aisles of a minimum of three (3) meters (10 feet) are maintained at all times
between displays and the travelled distance to an exit door by an aisle is in
accordance with the British Columbia Building Code;
c) a display of automobiles, motorcycles, scooters, or other vehicles in a public
building, other than a building constructed and classified for such purpose by the
British Columbia Building Code, meets the following requirements:
i)
where possible, vehicle batteries must be disconnected and the battery cables
placed or tied in a position to prevent accidental battery contact;
ii) fuel tanks must be equipped with a key-locking cap or other similar device; and
iii) the quantity of fuel in the fuel tanks must not exceed the lesser of one quarter
(1/4) of the tank capacity or nineteen (19) litres (5 gallons).
8.9.2
Every mobile food vendor operating within the jurisdiction of the City of Kelowna
requires a valid inspection decal issued by the Kelowna Fire Department.
8.9.3
The Fire Prevention Officer may, at the discretion of the Fire Chief or designate,
determine the maximum occupant load for an outdoor event or exhibit occurring on
land owned by the City of Kelowna.
8.10
Commercial Cooking Equipment
8.10.1
Every owner or occupier of a commercial cooking facility must ensure that the cooking
equipment is inspected and maintained in accordance with the requirements of the
26
British Columbia Fire Code and, without limiting the generality of the foregoing, must
ensure that:
a) all filters, grease removal devices, ducts and other appurtenances of commercial
cooking equipment are inspected at least weekly to prevent grease and other
combustible residues;
b) all commercial cooking equipment exhaust systems are serviced and cleaned in
accordance to the fire code by a Qualified Technician; and
c) the instructions for manually operating the fire protection systems are posted
conspicuously in the kitchen as part of a fire safety plan.
8.11
Dangerous Goods
8.11.1
If the Fire Chief or designate is satisfied on reasonable and probable grounds that a
discharge, emission or escape of dangerous goods has occurred and that immediate
action is necessary in order to carry out any reasonable emergency measures, he or she
may take such action or cause such action to be taken by any person the Fire Chief or
designate considers is qualified to do so.
8.12
Combustible Dust and Removal
8.12.1
A person must not cause, permit or allow the accumulation of any combustible dust or
particulate on floors, walls, ledges, or other exposed building structural members,
piping, conduit, electrical equipment, surface or on the roof of any building on which
dust may settle, where the accumulation is sufficient to create a fire hazard or risk of
explosion.
8.12.2
A person must not use compressed air or other means to blow combustible dust from
ledges, walls and other areas unless all machinery in the area has been shut down and all
sources of ignition removed.
8.12.3
The removal and collection of small quantities of loose combustible dust may be
accomplished with an approved industrial vacuum cleaning system.
8.12.4
A person must ensure that metallic dust must be stored in tightly covered metal
containers in a cool, dry place.
BL12869 amended Section 8.13:
8.13
Electrical
8.13.1
A person must not create a fire hazard by using an extension cord as a substitute for
permanent wiring.
8.13.2
The use of a generator to provide power to a house or structure is not permitted:
a) unless installed by a qualified person in accordance with the British Columbia
Electrical Regulations.
b) unless the power grid provided from the electrical utility is temporarily
experiencing a power outage.
c) to be operated within a structure or ancillary building.
27
BL12869 added Section 8.14:
8.14
Intermodal Shipping Containers
8.14.1
No person shall use an intermodal shipping container as a storage area for flammable
combustible liquids, propane or compressed gases unless:
a) the ventilation of the container is reviewed and approved for the product being
stored by a registered engineered by means of a stamped approval letter;
b) the quantities of the product(s) are reviewed and approved by a registered
engineer by means of a stamped approval letter; and
c) the container shall have signage and placards in accordance with the Fire Code
requirements.
BL12869 added Section 8.15:
8.15
Electrical Vehicles
8.15.1
An Electrical vehicle which has been damaged in a motor vehicle collision shall be
stored in secure towing yard not less than 2 meters away from another vehicle,
structure, or property line.
BL12869 added Section 8.16:
8.16
Marinas and Boat Storage
8.16.1
Where boats are stored either inside or outside (in-out) in single, or multiple-level racks,
those boats shall have unimpeded vehicular access at one end and equipment shall be
available to remove any stored boat.
8.16.2
Boats stored in multilevel racks, either indoors or outdoors shall:
a)
have the drain plugs removed;
b)
have batteries disconnected or master battery switch turned off;
c)
fuel tank valves closed while in temporary storage; and
d)
fuel tanks empty, removed or 95% full for seasonal storage.
8.16.3
Repairs to boats that are on racks or in an in-out dry storage building are prohibited.
8.16.4
The charging of batteries shall be prohibited in an in-out storage building.
PART NINE: SAFETY TO LIFE
BL12869 amended Section 9.1:
9.1
Exits and Means of Egress
9.1.1
Every owner or occupier of premises must at all times ensure that all exits and means of
egress required under the British Columbia Building Code, Fire Safety Act, British
Columbia Fire Code or the City's Building Bylaw No. 7245, all as amended from time to
time, are properly maintained and remain unobstructed at all times.
28
9.1.2
An owner or occupier must not install or permit or allow the use of a smoke emitting
security alarm system or other such system which upon activation may obstruct an exit
or means of egress or potentially result in confusion to occupiers or to fire fighters.
9.1.3
An owner or occupier must ensure that every required exit door located in a floor area
shall be served by an aisle that:
a) is kept clear at all times of any materials or products;
b) has a clear width of not less than 1100 mm (44 inches), or as required by the British
Columbia Building Code;
c) is provided with adequate emergency lighting coverage;
9.1.4
No locking devices other than locking devices permitted by the British Columbia
Building Code shall be installed on any required exit doors. A building permit must be
obtained for the installation of any locking devices which differ than those installed at
the original date of construction.
9.1.5
An owner of a building which is equipped with a passenger elevator must ensure that a
sign is displayed directly above the elevator call button on each floor reading:
IN CASE OF FIRE, USE EXIT STAIRWAY
DO NOT USE ELEVATOR
9.1.6
The dimensions of each sign required under Subsection 9.1.5 must be at least 75 mm by
130 mm in size and printed on permanent red and white, or white on red plastic laminate
or equivalent material.
9.1.7
The owner of every building having three or more storeys must conspicuously display in
all stairwells at each floor level, numbers or signs identifying each floor level. If numbers
are used, the minimum height of those numbers shall be 150 mm. If wording is used, the
dimensions and type must not be less than 50 mm by 150 mm on permanent red on
white, or white on red plastic laminate or equivalent material.
BL11747 amended sub section 9.1.8:
9.1.8
A person must not hinder or obstruct the self-closing operation of doors in fire
separations or doors separating stair enclosures from the remainder of the building. Fire
separations shall be maintained as per the BC Fire Code.
9.1.9
A person must not stand, loiter, sit in or otherwise obstruct the aisles, passages or
stairways of any church, theatre, hall, skating rink or other place of amusement or public
resort or assembly.
9.1.10
An owner or occupier of premises must ensure that exit signs are maintained in a clean
and legible condition and must be clearly illuminated from behind where such
illumination is required by the British Columbia Building Code.
9.1.11
An owner or occupier of premises must ensure that self-contained emergency lighting
unit equipment and emergency lights are inspected and tested at intervals not greater
than one month to ensure that emergency lights will function upon failure of the primary
power supply, and at intervals not greater than 12 months to ensure the unit will provide
emergency lighting for a duration equal to the design criterion.
29
9.2
Storage in Buildings, Service Rooms or Areas
9.2.1
Every owner or occupier of a building must ensure that no materials or items are stored
in storage locker room aisles, elevator rooms, boiler rooms, furnace rooms, rooms that
accommodate air-conditioning or heating appliances, pumps, compressors or other
building services, except that, the Fire Chief or designate may permit limited or
restricted storage of specific materials or items as part of a fire safety plan.
9.2.2
Every electrical room and electrical vault shall conform to the Electrical Safety Regulation
of the Safety Standards Act of British Columbia, as amended.
9.3
Tampering with Fire Protection Equipment
9.3.1
A person must not tamper with, alter or damage any fire protection equipment or use or
operate any fire extinguisher or other fire protection equipment except for the purpose
of testing or for the purpose for which the extinguisher or equipment is intended.
PART TEN: INSPECTIONS OF PREMISES
10.1
Authority for Inspection
10.1.1
The Fire Chief and any member designated in writing by the Fire Chief are hereby
authorized to enter at all reasonable times upon any premises to inspect and determine
whether or not:
a) the premises are in such a state of disrepair that a fire starting therein might spread
so rapidly as to endanger life or other premises or property;
b) the premises are so used or occupied that fire would endanger life or property;
c) combustible or explosive materials are being kept on the premises or other
flammable conditions exist in or about the premises so as to endanger life or
property;
d) in the opinion of the Fire Chief or a member, a fire hazard exists in or about the
premises; or
e) the requirements of this Bylaw and the British Columbia Fire Code are being
complied with.
10.2
Entry for Inspection
10.2.1
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.
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PART ELEVEN: INSPECTION OF BUILDINGS
BL12869 amended Section 11.1:
11.1
Frequency of Inspections Delegated
11.1.1
The authority and duty of the Council under the Fire Safety Act to establish, revise and
implement a regular system of inspections of hotels, public buildings, churches,
theatres, halls, or other buildings used as a place of public resort in the City is delegated
to the Fire Chief;
a) and for this purpose, the Fire Chief is delegated the authority to establish a system
of regular inspections which will provide different frequencies of inspection
depending on a building's British Columbia Building Code building classification, it's
use, age and fire risk assessment;
b) amend the frequency of inspection schedules from time to time;
c) provide one copy of the current frequency of inspection schedule to each person
who requests one.
11.1.2
The Fire Chief must report to Council as and when requested by Council on the
inspection system created and implemented under section 11.1.1 of this Bylaw.
PART TWELVE: INSPECTION AND TESTING OF FIRE PROTECTION
EQUIPMENT
12.1
Maintenance and Testing of Emergency Equipment
12.1.1
Every person who is required under a provision of the Fire Code to perform or cause to
be performed, annually or less frequently than annually, 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:
a) the inspection or test is performed by a qualified technician and in accordance with
the Fire Code; and
b) the inspection or test is recorded, or the fire protection equipment is tagged or
labeled in accordance with the Fire Code, this Bylaw, as amended from time to
time, and in a manner acceptable to the authority having jurisdiction.
12.1.2
Every person who owns, controls or otherwise has charge of any fixed fire protection
equipment must notify the Fire Department at any time such system or systems are
inoperable or taken out of service, and must notify the Fire Department again when
service is restored.
12.1.3
Every qualified technician who carries out inspections and maintenance of fire
protection equipment must use the Inspection and Testing form approved under ULC,
NFPA, CSA and CGA as amended or replaced from time to time, and must forward a
copy of the completed form upon completion of the inspection or maintenance to the
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owner or occupier of the building. Upon request by the Fire Chief or designate, the
owner or occupier must provide a copy of the completed form to the Fire Department.
12.1.4
A person must 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.
12.1.5
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
The dimensions of 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.
PART THIRTEEN: CONTROL OF FIRE ACCESS
13.1
Fire Roads, Fire Trails & Firebreaks
13.1.1
The Fire Chief or designate may erect or install gates, cables or other devices and may
securely lock the same to prevent the use by unauthorized persons of any emergency
access route, truck trail, driveway, path or highway, whether or not a public highway,
over which the Fire Department has the lawful right to pass, whether by easement,
license, City ownership or possession or otherwise, for purposes relating to fire
protection or control and where the exercise of the rights under this section would not
be incompatible with the tenure or permission granted.
PART FOURTEEN: HIGH BUILDINGS
BL11747 & BL12869 amended Section 14.1:
14.1
High Buildings
14.1.1
Buildings constructed in conformance with 3.2.6 of the BC Building Code shall:
a) identify the stairwell leading to the roof from the primary entrance with signage in
accordance with the Fire Code Requirements;
b) have the smoke control measure for their building identified in the building's fire
safety plan;
c) where applicable, have the smoke control measure tested every three months in
accordance with the Fire Code;
d) provide a minimum of two (2) complete sets of keys in accordance with Section 7.4
of this Bylaw.
14.1.2
If any of the information required to be supplied pursuant to section 14.1 of this Bylaw
should change, the owner shall notify the Fire Chief or designate immediately of such
change.
32
BL11747& BL12869 amended Part 15:
PART FIFTEEN: COMMUNICATIONS
15.1 Emergency Radio Building Amplification System
15.1.1.
The design and construction of a new building shall provide reliable radio
communication for emergency responders inside the building to command vehicles in
accordance with Schedule C.
a) A building permit must not be issued for any building or structure until
the owner has demonstrated to the satisfaction of the building official how
compliance with Schedule C will be achieved.
b) Prior to occupancy or partial occupancy, the installed system will be subject to a
field test and approval by the Kelowna Fire Department to ensure that it meets the
Kelowna Fire Department's operational needs.
15.1.2
The Fire Chief may grant an exemption to the application of all or part of Schedule C.
15.1.3
The Kelowna Fire Department may require the emergency radio building amplification
system to be tested to by the owner or designate to ensure the system is operating as
per its design. A test certificate must be submitted to the Fire Chief or designate as per
7.0 of Schedule C of this Bylaw.
15.1.4
An emergency radio building amplification system must be licensed by Innovation,
Science & Economic Development Canada (ISED), and comply with the applicable
standard radio systems plan.
a)
The owner of an active amplification system must renew all licences annually
and pay the cost of licences.
15.1.5
Equipment used in an emergency radio building amplification system must be in the
Radio Equipment List, which lists radio equipment which has been certified for use in
Canada, administered by the Government of Canada. The equipment must meet the
requirements of Schedule C of this bylaw.
15.1.6
If the emergency radio building amplification system fails to provide adequate coverage
because of any technological change to the municipal fire services radio system, the
system shall be upgraded at the sole expense of the Owner, in order to maintain system
coverage as originally designed.
15.2 Exemptions
15.2.1 Except for a building or structure that has more than 1,000 square metres gross floor area
below grade or any floor area 10 metres below grade, Section 15.1 does not apply to the
following:
a) a single-family detached or semi-detached residence;
33
b) a building or structure less than 12 metres in height, as measured from the lowest
ground elevation of the building or structure to the highest point of
the building or structure;
c) a building or structure with a gross floor area less than 5,000 square metres; or
d) a building or structure used for a farm operation that qualifies for protection under
section 2 of the Farm Practices Protection (Right to Farm) Act.
PART SEVENTEEN: FIREWORKS
17.1
Regulations
17.1.1
No person shall sell or offer for sale any firecrackers or fireworks within the City.
17.1.2
No person shall discharge, fire or set off any firecrackers or Fireworks within the City,
unless authorized under this bylaw.
17.1.3
No person shall store Display Fireworks within the City unless authorized under this
bylaw.
17.1.4
No person shall use, set off or allow to be used or set off any fireworks in such a place or
in such a manner as might create danger or constitute a nuisance to any person or
property, or to do or cause or allow any unsafe act or omission at the time and place for
the setting off of any fireworks.
17.1.5
Except as provided in Section 17.2 of this bylaw, no person shall discharge, fire or set off
any fireworks, unless the person has obtained a valid Permit from the City.
BL12869 amended Section 17.2:
17.2
Permit for Fireworks
17.2.1
The Fire Chief or designate is hereby authorized to issue a Permit to any person or
organization for the purpose of the observance or celebration of any special event or
festival by the use of fireworks, subject to the terms and conditions outlined in this
bylaw.
17.2.2
Every application for a permit pursuant to this Section shall be made by the person
setting off the fireworks, shall be in writing, addressed to the Fire Chief.
17.2.3
Every applicant for a Fireworks Permit pursuant to this Section shall hold a current and
valid Fireworks Supervisors and/or Pyrotechnics Certification Card as issued by Natural
Resources Canada.
17.2.4
The applicant shall, without limiting its obligations or liabilities under the Fireworks
Permit, procure and maintain, at its own expense and cost, the insurance policy listed in
the Fireworks Permit. The insurance policy shall be maintained continuously from the
date of commencement of the Fireworks Permit until the date of the expiry of the
Fireworks Permit or such further period as may be specified in the Permit.
17.2.5
An applicant shall submit a written agreement from the owner of the property on which
the Fireworks is to take place and a written agreement from any Sponsoring
34
Organization of the Fireworks. In the case of Fireworks that are to take place on City
owned property, a Permit under the City's Outdoor Events Bylaw No. 8358 may be
required or alternatively a letter of authorization from the City's Director of Leisure
Services is required.
17.2.6
Every Permit authorized pursuant to this Section shall be in the form prescribed in the
Fireworks Permit, and shall be issued by the Fire Chief or designate. Prior to the issuance
of a Fireworks Permit, the applicant shall provide evidence of the insurance required
under Section 17.2.4 of this Bylaw
17.2.7
Fireworks set off from a barge, vessel or floating platform on inland waters for the
observance or celebration of any special event or festival in the City shall abide by this
Bylaw.
17.2.8
Fireworks shall end prior to 11:00pm and may not commence prior to 8:00am on any day
and shall be started and completed within the time period specified on the Permit,
except as otherwise authorized by the Fire Chief or designate.
17.2.9
Fireworks may be inspected by the Kelowna Fire Department to ensure all safety aspects
have been adhered to as set out in the Act and in accordance with this Bylaw.
17.2.10
The Fire Chief or designate is hereby authorized to revoke a Permit issued under this
Bylaw at any time.
17.2.11
The Fireworks shall be set off by the person to whom the Permit is issued and shall be
conducted in a manner that is consistent with all safety procedures required under the
Act.
17.2.12
A Permit issued under this Bylaw is non-transferable.
17.2.13
All Fireworks and all debris from the Fireworks shall be removed and safely disposed of
by the Permit Holder as soon as practical after the Fireworks is completed and on or
before the expiry of the Permit.
PART EIGHTEEN: ENFORCEMENT
18.1
Fire Orders
18.1.1
In addition to authority provided for orders by the Fire Chief or designate 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 or designate, constitute a fire hazard or other danger to life or property, the Fire
Chief or designate may, in writing, issue such order to that person as necessary to ensure
full and proper compliance with this Bylaw or to remove or otherwise deal with the fire
hazard or other danger.
18.1.2
An order made by the Fire Chief or designate under this Bylaw may be served:
a) by delivering it or causing it to be delivered to the person to whom it is directed;
b) by sending the order by mail to the last known address of the property owner; or
35
c) 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 is subject to the order.
18.1.3
If an order has been posted in accordance with 18.1.2, a person must not remove, deface
or destroy the order.
18.1.4
A person against whom an order has been made by a designate of the Fire Chief under
this Bylaw may, before the expiration of ten 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.
18.1.5
Every order issued by the Fire Chief or a Fire Inspector shall state a date by which the
order shall be carried out, which date 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.
18.1.6
Where a person is in default of an order made pursuant to this Bylaw, the City 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,
payable upon receipt of invoice from the City.
18.2
Penalties
18.2.1
Any person guilty of an infraction of this Bylaw shall be liable for a penalty under the City
of Kelowna Bylaw Notice of Enforcement Bylaw No. 10475 as amended or replaced from
time to time.
18.2.2
A person who:
a) contravenes, violates or fails to comply with any provision of this Bylaw or of any
permit or order issued under this Bylaw;
b) 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
c) 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 is liable on summary conviction to a penalty not exceeding Ten
Thousand Dollars ($10,000.00) and the cost of prosecution.
Each day a violation of the provisions of this bylaw exists or is permitted to exist shall
constitute a separate offence.
36
PART 19: PETROLEUM PRODUCTS STORAGE TANKS
19.1
Above Ground & Below Ground Petroleum Products Storage
Tanks
19.1.1
In addition to the provisions of this bylaw, owners and operators of petroleum
products storage tank systems shall comply with all other applicable statutes and
regulations, including, without limitation, the Waste Management Act, British Columbia
Fire Code, Canada Shipping Act, National Fire Code, and British Columbia Coastal Marina
Facility and Operating Standards. In the event of any conflict between this bylaw and
any other statute or regulation the more strict shall apply.
19.2
Duty of Care
19.2.1
This bylaw does not create a duty of care in respect of the City, its Mayor, Council,
officers, employees or other persons acting on behalf of the City concerning any matter
in this bylaw or enforcement or failure to enforce the provisions of this bylaw. It shall be
the responsibility of the Owner or Operator of petroleum products storage tanks or
storage tank systems to ensure compliance with this bylaw and all other statutes and
regulations. Neither a failure to administer or enforce or incomplete or inadequate
administration or enforcement of this bylaw or any error, omission or other neglect in
respect to this bylaw shall give rise to a cause of action in favour or any person including
an Owner or Operator.
19.3
Site Designation
19.3.1
All existing or proposed site of underground or above ground petroleum products
storage tank systems are hereby designated and classified as Class A sites within the
meaning of the Codes.
19.4
Design, Construction and Installation of Storage Tank Systems
19.4.1
The design, construction and installation of above ground and underground storage
tank systems containing petroleum products and allied petroleum products shall be in
accordance with the CCME Above Ground Storage Tank Code, the Underground
Storage Tank Code and the Fire Code.
BL12869 amended Section 19.5:
19.5
Approval to Construct Storage Tank Systems
19.5.1
No person shall construct or cause to be constructed, installed, operated or altered an
above ground storage tank or underground storage tank system without first obtaining
an Installation Permit from the Fire Department.
37
19.6
Site Requirements for Storage Tanks
19.6.1
Above ground storage tanks and underground storage tanks shall not be located above
underground utilities of any kind including, without limitation, water, storm or sewer
lines, gas lines, telephone or television cable.
BL12869 amended Section 19.7:
19.7
Tank Design
19.7.1
All storage tanks shall be certified prior to installation and be compliant with Section 4.3
of the Fire Code.
19.8
Leak Detection
19.8.1
All above ground storage tanks and underground storage tanks including piping shall
be tested for leaks and shall contain such leak detection devices and methods required
by the CCME Above Ground Storage Tank Code and the Underground Storage Tank
Code.
BL12869 amended Section 19.9:
19.9
Record Keeping
19.9.1
a. Every Owner or Operator of an above ground storage tank and/or underground
storage tank system shall maintain the following records:
i. Leak detection test results including line leak testing and precision
leak tests;
ii. Inventory control records in accordance with the Fire Code.
b. Every Owner or Operator of an above ground storage tank and/or underground
storage tank system shall maintain such further records as required by the CCME
Above Ground Storage Tank Code and the Underground Storage Tank Code.
19.10 Operation and Maintenance
19.10.1
Every Owner or Operator of an above ground storage tank or underground storage
tank system shall operate and maintain the storage tank system in accordance with the
CCME Above Ground Storage Tank Code and the Underground Storage Tank Code.
19.11 Alteration
19.11.1
The alteration of an above ground storage tank or underground storage tank system
must be in accordance with the CCME Above Ground Storage Tank Code and the
Underground Storage Tank Code.
19.12 Handling
19.12.1
The handling of petroleum products or allied petroleum products involving an above
ground storage tank system or underground storage tank system must be in
accordance with the Fire Code and the CCME Above Ground Storage Tank Code and
the Underground Storage Tank Code.
38
19.13 Removal
19.13.1
All abandoned storage tank systems shall be removed. Prior to removal the Owner or
Operator shall provide all available site investigation information to the City and shall
apply for a storage tank removal Permit from the Fire Department. During tank
removal, the Owner or Operator shall arrange for a Fire Inspector to be present.
Removal of an above ground storage tank or underground storage tank must be
performed in accordance with the Fire Code and the CCME Above Ground Storage
Tank Code and the Underground Storage Tank Code.
PART TWENTY: MARINE FUELLING FACILITIES
20.1 Application
20.1.1
All service stations operating as a marine fueling facility must comply with this bylaw.
20.2 Approval to Construct Marine Fueling Facility
20.2.1
No person shall install or operate a marine fuel service station facility without first
obtaining an Installation Permit.
20.3 Site Regulations
20.3.1
All Marine Fueling Facilities shall be located in accordance with the Fire Code and the
British Columbia Coastal Marina Facility and Operating Standards for environmentally
sensitive sites.
20.4 U.L.C. Label
20.4.1
All Marine Fueling Facilities shall be certified prior to installation.
20.5 Compliance
20.5.1
All marine service stations using underground or above ground storage tanks must
comply with Part 20 of this Bylaw.
20.6 Fuel Dispensing and Remote Pumping Stations
20.6.1
All dispensing pumps located over a body of water must be installed on piers, wharves,
or floating docks, or be located on shore, or on piers made of solid fill. Installation must
be in conformance with the Fire Code and the British Columbia Coastal Marina Facility
and Operating Standards for environmentally sensitive sites.
20.7 Standards
20.7.1
All underground and above ground storage tanks must be designed, constructed,
installed, operated, maintained or altered in accordance with the Codes.
39
20.8 Location
20.8.1
Where storage tanks are located at an elevation that produces a gravity head on the
dispensing device the tank outlet must be equipped and installed so that liquid cannot
flow by gravity from the tank in the event of piping or hose failure.
20.9 Leak Detection
20.9.1
All underground storage tanks including piping shall be tested for leaks and shall
contain such leak detection devices and methods required by the CCME Underground
Storage Tank Code.
20.10 Spill Containment Kit
20.10.1
A portable spill containment kit must be kept at the dispensing area at all times. The
spill containment kit must include absorbent booms and pads in sufficient quantity to
meet the needs of the facility so as to address minor spillage.
20.11 Containment
20.11.1
The product transfer area around the land based storage tanks must be paved with
concrete and graded, curbed or diked to contain all spills that occur during product
transfer. The spills collected must be contained, treated and disposed of in accordance
with the City Sanitary Sewer/Storm Drainage Regulation Bylaw No. 6618-90 and the
British Columbia Coastal Marina Facility and Operating Standards where applicable.
20.12 Monitoring
20.12.1 a.
Leak Detection. All storage tanks including piping must be tested for leaks at
the time of installation. A leak test shall be performed at least annually. A leak
test must be performed when inventory records indicate losses greater than 0.5
percent of monthly tank throughput or when five consecutive loss/gain
computations show a loss.
b.
Record Keeping. Every owner or operator of a marina fueling system
shall maintain the following records
i.
Leak detection test results including line testing and all leak
tests;
ii.
inventory control records in accordance with the Fire Code;
iii.
such further records as required by the Codes.
20.13 Operation and Staff Training
20.13.1
All staff must be fully trained in the operation of the facility and training must include
spill prevention, containment and control. Only properly trained personnel shall
dispense fuel. Self-serve operations are prohibited.
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PART TWENTY ONE: AVIATION FUELLING FACILITIES
21.1
21.1.1
No owner or operator of an aviation fueling facility located at the Kelowna International
Airport shall operate a mobile fuel truck without having an approved storage tank
system located at the Airport.
PART TWENTY TWO: FEES AND COST RECOVERY
BL11747 & BL12869 amended Section 22.1:
22.1
Permit and Service Fees
22.1.1
A person must pay a fee as prescribed in Schedule "B" of this Bylaw for the following;
a) a permit required under Part Four;
b) review of a new Fire Safety Plan;
c) review of an existing or amended Fire Safety Plan;
d) review of a Fire Safety Plan for demolition and construction;
e) special request services;
f) fire records search/comfort letter;
g) fire reports;
h) fire inspection reports;
i)
copies of audio recordings;
j)
no PR to attend incident within designated time
k) the Fire Department response to a False Alarm where it is the second or greater
number of False Alarms originating from one Fire Alarm system in any twelve (12)
month period and the fee is payable by the owner or occupier of the property in
which the Fire Alarm system is installed.
l)
an additional inspection(s) of a burn pile, if on the initial inspection by the Fire
Department the burn pile or site is deemed unacceptable;
m) a yearly inspection of a mobile vender, fee to be waived if the inspection is done on
a designated weekend;
n) the Fire Department response to an activity that did not obtain an approval or
permit required under this Bylaw.
o) a member of the Fire Department to be on standby for a private entity;
p) the Fire Department to attend a property resulting from a property owner's
disregard for this Bylaw, the Fire Code, or the Fire Safety Act;
q) Fire Department to attend and inspect a Vacant property or inspect a property as
part of City safety compliance.
41
22.2
Inspection Fees
22.2.1
Every person who obtains any of the following inspections by the Fire Department must
pay the applicable fee prescribed in Schedule "B" of this Bylaw:
a) an inspection of a building, structure or site conducted at the request of the owner,
owners representative or occupier (and where not otherwise provided for under this
Bylaw) to determine compliance with this Bylaw or the Fire Code; or
b) re-inspection of premises after an order has been issued under this Bylaw where
deficiencies remain.
22.3
No Relief from Other Fees
22.3.1
Payment of any of the fees specified in Section 19.1 or 19.2 does not relieve a person
from the requirement to pay any other fee prescribed under the Fire Code, the Building
Code, the Fire Safety Act, another City bylaw or any other applicable legislation.
22.4
Nuisance and Dangerous Goods Incidents
22.4.1
Every person who, willfully or recklessly and without reasonable cause, causes a
nuisance or disturbance by:
a) setting a fire to which the Fire Department must respond;
b) making or causing to be made a false alarm;
c) causing a fire or loss that can be directly attributed to the use of fireworks contrary
to the requirements and restrictions of this Bylaw, as amended, or;
d) carrying out open air burning of combustible materials without a permit;
shall, in addition to any penalty imposed under this Bylaw or otherwise by law, shall be
liable to pay the actual costs and expenses incurred by the Fire Department in abating
that nuisance by responding to and investigating the fire, loss or false alarm, calculated
in accordance with the rates set out in Schedule "B" of this Bylaw.
22.4.2
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 clean-up 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 City of Kelowna;
a) the costs and expenses incurred by the City of Kelowna or its contractors or agents
for the clean-up and safe transport and disposal of the dangerous goods; and
b) the costs incurred by the City of Kelowna in mitigating the dangerous goods
incident,
including
without
limitation,
equipment
replacement
and
decontamination costs.
42
BL12869 amended Section 22.5:
22.5
False Alarm Incident Fees
22.5.1
The owner or occupier of premises containing a fire alarm system shall, on the
occurrence of a second false alarm and for each subsequent false alarm occurring in any
twelve (12) month period to which the Fire Department must respond, pay the City a fee
for each such false alarm in accordance with Schedule B.
22.5.2
Where an owner or occupier notifies the Fire Department that an alarm from a fire alarm
system is a false alarm before a vehicle leaves a fire station, the fee prescribed in
Schedule "B" shall not apply
22.5.3
The Fire Chief is authorized to implement a false alarm reduction program, in a form and
format determined by the Fire Chief or designate, for any building where the frequent
activation of a false alarm signal in the building has, in the opinion of the Fire Chief,
reduced or affected safety to life and property.
22.6
Security Alarm Incident Fees
22.6.1
Where the Fire Department is required to respond to any alarm that results from a
security alarm system being routed to the Fire Department, the owner or occupier of the
premises must pay the applicable fee prescribed in Schedule "B" for false alarms as
described in 22.5 of this Bylaw.
BL12869 amended Section 22.7:
22.7
Fire Alarm Testing Fee
22.7.1
Where a person fails to notify the monitoring company or the Fire Department 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 Department, that person must pay the
applicable fee prescribed in Schedule "B" for false alarms as described in 22.5 of this
Bylaw.
22.8
General Fee Regulations
22.8.1
Where more than one person is liable to pay a fee or pay for the actual costs and
expenses incurred by the Fire Department, the fee or the costs and expenses may be
imposed among the persons involved on a pro rata basis.
22.8.2
Where under this Bylaw the City is authorized or required to provide work or services to
lands or improvements, and the costs incurred by the City in carrying out such work or
services are not paid when due and payable, the City may recover those costs from the
owner of the lands or improvements in the same manner and with the same remedies as
ordinary taxes and, if the costs remain unpaid on December 31, they shall be deemed to
be taxes in arrears.
43
PART TWENTY THREE: REPEAL
23.1
Repeal of Previous Bylaw
23.1.1
The Fire Prevention Regulation Bylaw No. 6110-88, and all amendments
thereto, are hereby repealed.
23.1.2
The Fireworks Bylaw No. 8789, 2002 and all amendments thereto, are hereby
repealed.
23.1.3
The Petroleum Products Storage Tank Bylaw No. 8267, 2003 and all
amendments
thereto, are hereby repealed.
Read a first, second and third time by the Municipal Council this 24th day of June, 2013.
Adopted by the Municipal Council of the City of Kelowna this 15th day of July, 2013.
Walter Gray
Mayor
Stephen Fleming
City Clerk
44
BL11747 & BL12869 amended Schedule A:
SCHEDULE "A"
Interpretation
In this Bylaw:
"Abandoned or Abandonment" means a petroleum products storage tank system that has not been
used for more than two years for the purpose of handling petroleum products or allied petroleum
products.
"Above Ground Storage Tank" means a petroleum products storage tank system with more than 90
percent of the storage tank volume above surface grade.
"Above Ground Storage Tank System" means one or more above ground storage tanks with all
connecting piping both above ground and underground including pumps and product transfer
apparatus, diking, overfill protection equipment and associated spill containment and collection
apparatus.
"Accessory Building" means a building that is subordinate to the principal use building on the parcel
and does not contain a dwelling unit.
"Allied Petroleum Products" means a mixture of hydrocarbons other than a petroleum product that
may be water miscible and may have a density greater than water and includes thinners, solvents and
chemical as defined and referred to in the Codes; "Alter or Alteration" means to enlarge, reduce,
refurbish, upgrade, remove or dispose of a storage tank system.
"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 assistance,
floods, earthquakes or other natural disasters, escape of dangerous goods, rail or aeronautical
incidents, motor vehicle or other accidents, or circumstances necessitating rescue efforts.
"AHJ" means authority having jurisdiction which is the Fire Chief or persons designated by the Fire
Chief to exercise any authority under this Bylaw and any person or agency authorized by this or any
other bylaw, regulation or statute to inspect or approve any thing or place.
"ASTTBC" means Applied Science Technologist and Technicians of BC which is a self-governing,
professional association pursuant to the Applied Science Technologist and Technicians Act RD CHAP.
15, 1996.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy.
"Building Bylaw" means the City of Kelowna Building Bylaw No. 7245.
45
"Building Code" means the British Columbia Building Code, as amended or re-enacted from time to
time.
"Building Incident" includes a fire, alarm, explosion, medical assistance call, flood, earthquake or other
natural disaster, escape of dangerous goods, motor vehicle or other accident, or circumstances
necessitating rescue efforts that occurs at a building or on the property on which the building is
situated.
"Building Inspector" means the Building and Permitting Branch Manager of the City of Kelowna or
those positions designated by Council under Section 1 of the Local Government Act.
"Building Permit" means a permit issued pursuant to the Building Bylaw.
"Bylaw Enforcement Officer" shall mean the person or persons appointed from time to time by the
Council as Bylaw Enforcement Officers.
"CCME" means the Canadian Council of Ministers of the Environment.
"CCME Above Ground Storage Tank Code" means applicable section(s) of the CCME Environmental
Code of Practice for Aboveground and Underground Storage Tank Systems containing Petroleum
Products and Allied Petroleum Products.
"CCME Underground Storage Tank Code" means applicable section(s) of the CCME Environmental
Code of Practice for Aboveground and Underground Storage Tank Systems containing Petroleum
Products and Allied Petroleum Products.
"Certified" means when used in reference to a storage tank, a component or accessory that the product
has been investigated by the Underwriters Laboratories of Canada (U.L.C.) and found to comply with its
requirements and is being produced under its service program and identified with its authorized
marking.
"Chief Building Official" means the person designated or appointed to that position by the City, and
any person named by Council to act in place of the chief building official.
"City" means the City of Kelowna and the geographic area governed thereby, as the context requires.
"Code" means the CCME Environmental Code of Practice for Aboveground and Underground Storage
Tank Systems containing Petroleum Products and Allied Petroleum Products.
"Combustible Dust" means dusts and particles that are ignitable and liable to produce an explosion.
"Combustible Fibre" means finely divided, combustible vegetable or animal fibres and thin sheets or
flakes of such materials which, in a loose, unbaled condition, present a flash fire hazard, including but
not limited to cotton, wool, hemp, sisal, jute, kapok, paper or cloth.
"Combustible Liquid" means a liquid having a flash point at or above 37.8 degrees Celsius and below
93.3 degrees Celsius.
46
"Combustible Material" means any material capable of being ignited.
"Combustible Metal" means a metal, including but not limited to magnesium, titanium, sodium,
potassium, calcium, lithium, hafnium, zirconium, zinc, thorium, uranium, plutonium or other similar
metals, which ignites easily when in the form of fine particles or molten metal.
"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.
"Consumer Fireworks" means outdoor, low-hazard recreational fireworks described within Subdivision
1 of Division 2 of Class 7 of the Explosives Regulations, C.R.C., c. 599 and includes showers, fountains,
golden rain, Roman candles, volcanoes, sparklers and caps for toy guns.
"Council" means Council for the City.
"Dangerous Goods" means those products or substances that are regulated under the Canada
Transportation of Dangerous Goods Act and its Regulation, as amended from time to time.
"Deputy Fire Safety Director" means a person appointed in writing by a building owner, business
owner or a Fire Safety Director and given the responsibility and necessary authority to supervise and
maintain a fire safety plan in the absence of the Fire Safety Director.
"Display Fireworks" means outdoor, high-hazard recreational fireworks described within Subdivision 2
of Division 2 of Class 7 of the Explosives Regulations, C.R.C., c. 599 and includes display shells,
bombshells, large wheels, barrages, bombardos, waterfalls or mines.
"Dwelling Unit" means a suite operated as a housekeeping unit, used or intended to be used as a
residence and usually containing cooking, eating, living, sleeping and sanitary.
"Emergency Access Route" means portion of a roadway or yard providing an access route for fire
department vehicles from a public thoroughfare, as required under the Building Code.
"Engineer" means a person registered or licensed as a Professional Engineer pursuant to the provisions
of the Engineers' and Geoscientists' Act of British Columbia.
"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.
"Extension Cord" means a portable, flexible electrical cord of any length which has one male connector
on one end and one or more female connectors on the other.
"False Fire Alarm" means malicious false alarm or nuisance false alarm.
"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
47
include a fire alarm system that is intended to alert only the occupants of the dwelling unit in which it is
installed.
"Fire Chief" means the Director of Fire Department Services for the City, acting as head of the Fire
Department, or a person designated to act in the place of the Fire Chief.
"Fire Code" means the Fire Code Regulation made under the Fire Safety Act of British Columbia, as
amended or replaced from time to time.
"Firecracker" means small fireworks with fuses used primarily as noise makers and for pyrotechnic
effect.
"Fire Department" means the Kelowna Fire Department established in 1906 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 Department or the egress of occupants in the
event of fire.
"Fire Inspector" means the Fire Chief and every member of the Fire Department or any other person
designated as such by the Fire Chief by name or office or otherwise, authorized to act on the behalf of
the Fire Chief who shall have the authority under this Bylaw to carry out inspections as authorized by
this Bylaw and the Fire Safety Act.
"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 Service Technician" means a person certified under the Applied Science
Technologists and Technicians Act "ASTTBC" as a fire protection technologist, or a person having other
equivalent certification acceptable to the Fire Chief, that qualifies the person to perform inspections
and testing of fire protection equipment.
"Fire Safety Director" means a person appointed in writing by a building owner or business owner and
given the responsibility and necessary authority to supervise and maintain a fire safety plan.
"Fire Safety Plan" means a fire safety 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,
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.
48
"Fire Safety Act" means the Fire Safety Act, SBC 2016, c. 19, as amended or replaced from time to
time.
"Firewatch" means the assignment of a person or persons to an area for the express purpose of
assuming the responsibility of notifying the fire department, the building occupants, or both, of an
emergency; preventing a fire from occurring; extinguishing small fires; or protecting the public from fire
or life safety dangers.
"Fireworks" means any product or device manufactured or used to produce an explosion, detonation or
pyrotechnic effect and includes fireworks, composition and manufactured fireworks as defined in the
Explosives Act, R.S.C. 1985, c. E-17 or anything within the definition of fireworks under the Fireworks
Act, R.S.B.C. 1996, c. 146.
"Flammable Gas" means a gas which can ignite readily and burn rapidly or explosively.
"Flammable Liquid" shall have the meaning ascribed to it in the Fire Code.
"Flammable Material" means any free burning material including but not limited to solids,
combustible dust, combustible fibres, flammable liquid, flammable gas, and liquified flammable gas.
"Flash Point" means the minimum temperature at which a liquid within a container gives off vapour in
sufficient concentration to form an ignitable mixture with air near the surface of the liquid.
"Floor Area" means the space on any storey of a building between exterior walls and required firewalls,
including the space occupied by interior walls and partitions, but not including exits, vertical service
spaces, and their enclosing assemblies.
"Floor Area, Gross" means the sum of the horizontal areas of each floor of a building measured from
the interior face of exterior walls providing that in the case of a wall containing windows, the glazing
line of the windows may be used.
"Handling" means the storing, transmitting, transporting or distributing of petroleum products or allied
petroleum products and includes putting petroleum products into the fuel tank of a motor vehicle,
vessel, aircraft or into a container.
"High Building" means 'high building' as defined by the Building Code.
"Incident" means an event or situation to which the Fire Department has responded or would normally
respond.
"Installation Permit" means a permit issued pursuant to the Fire Code.
"Institutional Occupancy" means the occupancy or use of a building or part thereof by persons who
are involuntarily detained, or detained for penal or correctional purposes, or whose liberty is restricted,
or require special care or treatment because of age, mental or physical limitations.
"Intermodal Shipping Container" means a large rectangular metal container designed to store or
transport materials between ships, trains and trucks.
49
"Leak" means any loss of petroleum products or allied petroleum products because of a defect in
underground or above ground storage tank systems.
"Leak Test or Leak Detection" means a device or method that is capable of detecting leaks in
underground or above ground petroleum storage tank systems and includes Levels 1, 2, 3 or 4 leak
detection as defined in and required by the Codes.
"Malicious False Alarm" means the negligent or intentional misuse of a fire alarm system resulting in
the activation of the system, but does not include the activation of a fire alarm system under
circumstances that would have a used a careful or prudent person to believe that a fire related
emergency was in progress at the owner's building or in circumstances where the owner has notified
the Fire Department in advance of work being done on the fire alarm system that could cause a false
fire alarm.
"Member" means a person employed by the City and holding a position within the Fire Department.
"Member in Charge" means the senior member at the scene of an incident or the member that is
appointed as such by the Fire Chief.
"Mobile Fuel Truck" means a vehicle used to transfer motive fuel from an approved storage tank
system and dispense it to an aircraft, vessel or vehicle.
"Motive Fuel" means any fuel to power a vehicle, aircraft or vessel.
"Mobile Vendor" means cooking equipment used in fixed, mobile or temporary concessions, such as
trucks, buses, trailers, pavilions, tents, or any form of temporary roofed enclosure. The authority
having jurisdiction can exempt temporary facilities, such as a tent, upon evaluation for compliance to
the applicable requirements.
"Multiple-Family Residential" means a residential occupancy of a building to which, pursuant to clause
1.3.3.2 of the Building Code. Part 3 of the B.C. Building Code applies.
"NFPA" means the National Fire Protection Association.
"Nuisance False Alarm" means the activation of a fire alarm system through a mechanical failure,
equipment malfunction or improper maintenance or installation of the system, but does not include the
activation of a fire alarm system where the activation occurred as a result of accidental damage to the
system.
"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 control of a building or other premises to which this Bylaw
applies.
50
"Officer" means the Fire Chief, Deputy Fire Chief, Platoon Captain, Training Officer, Assistant Training
Officer, Fire Prevention Officer, Administration Officer, a Captain and a Lieutenant and a member
designated by the Fire Chief to act in the capacity of an officer.
"Officer in Charge" means the senior member of the Fire Department who is present at an incident or a
member appointed as such by the Fire Chief.
"Open Burning" means burning piled products at grade with natural air flow.
"Operator" means a person who is responsible for the operation of an installation where petroleum
products storage tanks or storage tank systems are located.
"Owner" means a person who has ownership or control of real or personal property, and includes,
without limitation,
a) the registered owner of an estate in fee simple;
b) the tenant for life under a registered life estate;
c) the registered holder of the last registered agreement for sale;
d) in relation to common property and common facilities in a strata plan, the strata
corporation;
e) any person who has legal ownership or has been assigned the custody or control or
management of a petroleum products storage tank or storage tank system; or
f) For the purposes of this Bylaw the Owner of the lands in or on which an underground or
above ground storage tank system is located shall be deemed to be the Owner of the
storage tank system unless the Owner of the lands satisfies the City to the contrary.
"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.
"Person" shall mean and include any individual, corporation, partnership or party and the heirs,
executors, administrators, property owner or other legal representative of the same, to whom the
context can apply according to Law. The singular shall also include the plural and the masculine shall
also include the feminine.
"Petroleum Product" means a single product or a mixture of at least 70 percent hydrocarbons refined
from crude oil with or without additives that is used or could be used as a fuel, lubricant, motive fuel or
power transmitter. Without restricting the foregoing such products include gasoline, diesel fuel,
aviation fuel, kerosene, naphtha, lubricating oil, fuel oil, engine oil and used oil.
"Pit or Trench Burning" means burning in a trench below grade using a mechanical air system to
accelerate burning with a minimum of smoke.
"Pre-Incident Plan" means a plan relating to a building, approved by, and in a format acceptable to,
the Fire Chief or designate, that:
(a) Identifies all potential hazards to the lives of fire fighting or building occupants;
(b) Shows the building layout and identifies the type of materials used in the construction of
the building;
51
(c) Identifies the type and location of all fire fighting equipment and resources and utility shut
offs on site; and
(d) Identifies the location, type and quantity of any hazardous materials or dangerous goods on
site.
"Premises" includes the whole or any part of a lot of real property and any buildings or structures on
the property.
"Pressurized Stairwells" A type of smoke-control system in which stair shafts are mechanically
pressurized, with respect to the fire area, with outdoor air to keep smoke from contaminating them
during a fire incident.
"Public Fire Hydrant" A fire hydrant situated and maintained for public use on a public right-of-way (or
easement) to provide water for use by the fire department in controlling and extinguishing fires. The
location of a public fire hydrant is such that it is accessible for immediate and unrestricted use by the
fire department at all times. Public fire hydrants are owned and maintained by the government entity
(ex. city, village, etc.) which is responsible for maintaining the hydrants and water supply distribution
system in operating condition at all times and is authorized to levy taxes to fund the operation and
maintenance programs.
"Private Fire Hydrant" A fire hydrant located on privately owned property, or on streets not dedicated
to public use. Although a private fire hydrant may be connected to a public water supply system,
maintenance of the hydrant and access to the hydrant is the responsibility of the property owner.
Private hydrants are normally required where buildings are so located on the property, or are of such
size and configuration that a normal hose lay from a public hydrant would not reach all points on the
outside of the building.
"Qualified Technician" means a person having certification acceptable to the Fire Chief or designate,
that qualifies the person to perform inspections and testing on fire protection equipment in accordance
to manufacturers specifications.
"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 Station" means any premises at which petroleum products or other motive fuels are put into
the fuel tanks of vehicles, aircraft or vessels.
"Site" means a lot or property upon which there is located or intended to be located on or more
petroleum products storage tanks or storage tanks systems.
"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 detection of smoke within that
room or suite.
"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.
52
"Storage Tank" means a closed container with a capacity of more than 230 litres that is designed to be
installed either underground or above ground in a fixed location for the storage of petroleum products
or allied petroleum products.
"Storage Tank System" means an underground or above ground storage tank system.
"Storey" means that portion of a building which is situated between the top of any floor and the top of
the floor next above it, and if there is no floor above it, that portion between the top of such floor and
the ceiling above it.
"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.
"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 or
dormitories.
"Temporary Building" means temporary structures, such as construction site structures, seasonal
storage buildings, special events structures, emergency facilities and similar structures, as determined
by the chief building official.
"U.L.C." means Underwriters Laboratories of Canada.
"Underground Storage Tank" means a storage tank that is partially or completely buried by or covered
with earth, backfill or concrete.
"Underground Storage Tank System" means one or more completely buried and/or partially buried
storage tanks including all underground and above ground connections, piping, pumps and dispensers;
and
"Used Oil" means an oil from industrial and non industrial sources that has been acquired for
lubricating or other purposes and has become unsuitable for its original purpose due to the presence of
impurities of the loss of original properties and shall include lubricating oils (engine, turbine or gear),
hydraulic fluids (including transmission fluids) and insulating oils.
Words and phrases that are not defined in this Bylaw shall have the meaning defined in the BC Fire
Code or BC Building Code or, if not defined, meanings that are commonly assigned to them in the
context in which they are used in the BC Fire Code, BC Building Code or in this Bylaw.
53
BL11747 & BL12869 amended Schedule B:
SCHEDULE "B"
FEES AND COST RECOVERY
1. Effective January 1, 2027: the fees within this Bylaw will be subject to an annual increase
effective at the beginning of the calendar year which is no more than the 12 month average
increase in the BC, all items consumer price index for the 12 months ended June 30 of the prior
year. Annual adjustments not resulting in an amendment may be compounded for future years.
Permits & Fees
Section
Fee
Fireworks Permit - Consumer Fireworks Low Hazard
4.1
$75
Fireworks Permit - Display Fireworks High Hazard
4.1
$250
Fuel Dispensing/Underground Tank Permit
4.1.
$200
Fuel Tank Removal Permit
4.1.
$100
Burning Permit
4.5
$100
Land Clearing Burn Permit
4.5
$250
Each fire engine to attend an activity that did not obtain an
approval or permit required under this Bylaw
4.5
$638 per hour,
minimum 2 hours
Each water tender to attend an activity that did not obtain an
approval or permit required under this Bylaw
4.5
$395 per hour,
minimum 2 hours
Each bush truck to attend an activity that did not obtain an
approval or permit required under this Bylaw
4.5
$389 per hour,
minimum 2 hours
Command vehicle or FPO to attend an activity that did not
obtain an approval or permit required under this Bylaw
4.5
$455 per hour,
minimum 2 hours
Rescue vehicle to attend an activity that did not obtain an
approval or permit required under this Bylaw
4.5
$364 per hour,
minimum 2 hours
Special Request Service/person
22.1
$125 per hour,
minimum 2 hours
Fire Safety Plan Review - Initial
22.1
$125
Fire Safety Plan Review - Each Subsequent Review
22.1
$100
Fire Records Search Comfort Letter
22.1
$115
Fire Reports
22.1
$150 per incident
Copy of Fire Inspection Reports
22.1
$50 per report
Copy of Audio Recording
22.1
$100 per incident
No PR to attend incident within designated time
22.1
$200
False Alarm: 1st Alarm
22.1
No Charge
False Alarm: 2nd Alarm
22.1
$150
False Alarm: 3rd Alarm
22.1
$250
False Alarm: 4th Alarm
22.1
$500
False Alarm: 5th Alarm and each subsequent false alarm
22.1
$600
Re-inspection of burn pile
22.1
$125
Inspection of a mobile vender
22.1
$100
Fee for Fire Department to inspect a property as part of City
safety compliance
22.1
$350 per visit
Re-inspection after order
22.2
$100 per hour,
minimum 2 hours
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BL11747 & BL12869 amended Schedule C:
Schedule "C"
In-Building Radio Communications Coverage
1. PREFACE
Schedule C (Schedule) shall be the reference document for ensuring and verifying minimum
acceptable emergency radio communications reliability inside buildings to meet the emergency
response needs of the Kelowna Fire Department (KFD).
This Schedule specifies the minimum radio communications reliability requirements.
2. IN-BUILDING RADIO COMMUNICATIONS REQUIREMENTS
Two (2) simplex frequencies shall be identified for each building that requires a two-way radio
communication system.
The radio frequency range used in a building or structure must be frequencies provided by Kelowna
Fire Dispatch.
2.1. Definition of Reliable Two-Way Radio Communications
Reliable two-way radio communications as defined below shall be achieved between personnel
inside the building communicating over the KFD simplex "tactical" radio frequency channel with
personnel outside the building, using one or both of two assigned simplex frequencies.
All two-way radio communications in both directions shall meet a Delivered Audio Quality (DAQ)
3.4 defined as "speech understandable with repetition rarely, some noise or distortion may be
present" per Telecommunications Industry Association TSB 88 standards in all locations and under
the operating conditions specified in Table 1.
DAQ 3.4 has been measured by the U.S. Department of Commerce, National Telecommunications
and Information Administration to be approximately equivalent to 16 dB signal to noise and
distortion ratio for ETSI DMR 2-slot TDMA signals. It may also be approximately equivalent to a
received signal level of -95 dBm, including allowances for portable antenna gain and body losses, in
the absence of other signals that may affect the receiver.
2.2. Certified and Desing Signal Strength Thresholds
Following the complete construction of the building interior including all exterior and interior walls
and all doors and windows installed minimum certified signal strength of -95 dBm shall be obtained
in all floor areas as per Table 1.
The design threshold for all floor areas as per Table 1 should be -85 dBm to allow a margin of not
less than 10 dB.
2.3. Description of Interior Building Coverage Requirements
Reliable two-way radio communications shall be achieved in the following areas and locations
inside the building:
55
Table 1 Floor Area for Reliable Communications
Location
Floor Area for Reliable Two-Way
Radio Communications
1.
Public access hallways, elevator lobbies
95% of each area on each floor
2.
Living areas
95% of each enclosed area within
each living area
3.
Parking garage
95% of all areas on each level
4.
Common
rooms, recreation
rooms
and
recreation areas such as pools, hot tubs, gyms
95 % of each enclosed area and
each open area
5.
Foyers,
lobbies,atriums,
and
enclosed
entranceways.
95% of each enclosed area and each
open area
6.
Stairwells
99.9% of all areas within each
stairwell
7.
Elevators
99.9% inside closed elevators
8.
Designated refuge areas (shelter-in-place and
protected areas)
99.9% of each enclosed area and
each open area
9.
Mechanical and electrical rooms
99.9% of all areas within each room
10.
Storage areas including hazardous materials
storage (paints, solvents, cleaning supplies, etc.)
99.9% of each enclosed area and
each open area
11.
Fire command centres, alarm panel locations
99.9% of each enclosed area and at
each location in open areas.
12.
Commercial parking garages
95% of all areas on each level
13.
Individual offices and open office areas
95% of each enclosed area and each
open area
14.
Warehouse,
manufacturing, and
fabricating
plant areas, enclosed rooms, and open areas
95% of each enclosed area and each
open area
15.
Retail malls, individual retail stores, open mall
areas
95% of each shop, each enclosed
area and each open area
16.
Locations, and areas not listed above will be at
the discretion of the Fire Chief
Note: The building interior shall be completely constructed with all exterior and interior walls,
doors and windows installed.
2.4. Procedures to Verify and Maintain Compliance
The Fire Chief, or designate, shall have ultimate authority to accept or reject the reliability of
the radio communications inside the building, and the test reports submitted by the building
owner.
2.4.1. The initial acceptance tests and measurements to verify and maintain the two-way voice
communications system comply with this bylaw shall be made at the sole expense
of the owner and be developed by the owner.
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Tests shall be made using a portable (handheld) and vehicle (mobile) radio of the type
used by KFD. The location of the vehicle (mobile) radio shall be in any accessible location
around the building or on an adjacent street.
Initial acceptance tests and measurements shall be performed, to the satisfaction and
acceptance of the Fire Chief, after completion of the installation of the in-building
system. The building interior shall be completely constructed with all exterior and interior
walls, doors and windows installed.
KFD may conduct an operational test of the two-way voice communications systems.
This test, if conducted, is solely to confirm the use and function of the two-way radio
communication system and shall not be considered as any form of approval or
acceptance of the two-way radio communications system.
2.4.2. Annual Coverage Verification Tests and Inspections
The two-way voice communications tests shall verify that the in-building radio signal
reliability and voice quality assessment for two-way handheld radio communications has
not degraded since the initial accepted tests were conducted.
The technology measurements (as applicable) and installation shall meet the
requirements specified in this Schedule.
The annual verification tests, measurements and inspections shall be the responsibility of
the building owner.
The owner shall certify to KFD in a written statement, that the two-way voice
communications quality, the technology, and installation continue to meet the
requirements specified in this Schedule.
All tests of the two-way voice communications systems shall be performed by or under
the direct supervision of a Professional Engineer (P.Eng.) or Applied Science Technologist
(AScT) registered in the Province of British Columbia and qualified in radio
communications. All test reports shall bear the seal of the Professional Engineer
or the approval of the Applied Science Technologist.
2.4.3. A test confirmation letter shall be prepared that clearly, and definitively confirms that the
annual coverage verification tests, measurements, and inspection meet the
requirements in accordance with this Schedule. The test confirmation letter shall be
completed using the template attached as part of this Schedule.
3. USE OF TECHNOLOGY
3.1. General
The design and installation of any technology that may be required to meet the in-building
radio communications reliability requirements, including Distributed Antenna Systems
(DAS), signal frequency repeaters, radiating cable, passive reflectors, and antenna systems
shall meet industry accepted standards and best practice for public safety radio
communications systems.
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The technology shall meet and as applicable be approved for the intended application in
accordance with ISED Canada standards and specifications CPC-2-1-05 "Zone Enhancers" and
RSS-131 "Zone Enhancers for the Land Mobile Service".
All system design and installation shall meet all applicable municipal, provincial, and
federal codes and regulations.
Other references:
3.1.1. Radio manufacturer's maintenance manual and test and maintenance instructions.
3.1.2. Telecommunications Industry Association:
a) TIA Systems Bulletin TSB 88: Wireless Communications Systems
Performance In Noise And Interference Limited Situations
b) EIA/TIA 603: Land Mobile FM or PM Communications Equipment Measurement and
Performance Standards
c) TIA 156 - Land Mobile Radio Antenna Systems Minimum Standards for RF Signal
Booster
All technology shall use an electrical power source that shall not be disabled or disrupted if the
primary Fortis BC power source fails or is interrupted.
Backup electrical power in the event of Fortis BC power failure or interruption may be provided
by either a building provided backup power source such as an auxiliary power generator or a
self-contained backup battery power source that shall maintain full electrical power
capabilities for all technology for a minimum of 4 hours during continuous in-building
emergency radio communications.
The use of any in-building radio coverage enhancement technology shall not result in spurious
radiation (e.g. RF leakage) outside the building except via dedicated, intentional antennas or
other intentional radiators required for the in-building coverage enhancement technologies.
Any spurious or leakage radiation outside the building shall not result in any degradation of the
performance of any radio communications used by KFD or any other emergency responders in
the area.
Active components of the Enhancement System shall be capable of sending the following
supervisory signals, which shall be connected to and monitored by the fire alarm panel:
3.1.3. Active RF-emitting device or Active System Component failure,
3.1.4. Low battery capacity (70% depleted),
3.1.5. Loss of normal AC power, and
3.1.6. Failure of battery charger.
The Enhancement System supervisory signals shall be summarized on a graphic annunciator
located near the Fire Alarm Panel using a stand-alone, hardwired annunciator designed to
display the supervisory signals described above or, as part of the Fire Alarm graphic
annunciator using a delineated area labelled "Radio Enhancement System" containing 3
LEDs; normal operation shall be annunciated with a green LED labelled "Normal" that
indicates there are no supervisory signals being sent by the Enhancement System, off normal
operation shall be annunciated with a yellow LED labelled "Trouble" that indicates a
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supervisory signal where the Enhancement System is off normal but still fully operational for
in-building radio communications; and system failure shall be annunciated by a yellow LED
labelled "Failure" that indicates a supervisory signal that indicates the radio communication
performance of the system is unreliable.
3.2. As-Built Drawings and Specifications
As built drawings shall be provided for any technology that is added to the building design or
structure specifically to improve the in-building radio communications coverage.
The drawings shall detail the specific technology make and model numbers, interconnections
and schematic or block diagrams of the interconnected technology.
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Annual Test Confirmation Letter Template
Building Owner Name(s)
Owner's address & contact information
Building Name Building Address
Date
Fire Chief
Kelowna Fire Department
2255 Enterprise Way
Kelowna, BC VIY 8B8
Certification of In-Building Radio Communications Annual Coverage Testing, Measurements, and Inspection
of [Insert Name and Address of Building]
Reference: City of Kelowna Fire and Life Safety Bylaw No. 10760, Schedule C.
Date(s) of Tests, Measurements, and Inspection: Insert date(s) as applicable We hereby certify that:
1.
The annual coverage verification tests, measurements, and system inspections were carried out in full
compliance with the requirements in this Schedule.
2. The results of the two-way voice communications tests meet the minimum two-way voice
communications
quality requirements specified in this Schedule.
3.
The technology meets the manufacturer's minimum performance and functional specifications.
4. The installation of the in-building radio coverage enhancement technology and all equipment and materials
conform to industry accepted standards and best practice.
Name (Owner or Owner's representative)
Signature
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BL12414 added Schedule D
Schedule "D"
Securing of Vacant Properties
1.0
Preface
This schedule (Schedule D) shall be the reference document for ensuring a minimum standard
for securing vacant properties as defined in Section 8.7.1 of Bylaw 10761.
2.0
All buildings identified as being vacant must be secured to prohibit unauthorized entry as per
Section 8.7.2(b). All openings which would permit entry by persons or animals must be sealed
to prevent entry. In the event doors, windows or vents installed at the original time of
construction are compromised and would permit entry, these openings must be sealed/locked
to prevent entry. The securing of the vacant buildings must meet the requirements listed in
Section 3.1 of this schedule. Should the owner, or authorized agent not secure the building as
per the listed requirements, then the building will be secured in conformance with Section 3.2.
2.1
If the building had been secured in conformance with Section 3.1 but was broken into after the
securing had occurred, then the requirements listed in Section 3.2 of this schedule shall apply.
2.2
If the building had been secured in conformance with Section 3.2 but was broken into after the
securing had occurred, then the requirements listed in Section 3.3 of this schedule shall apply.
2.3
If the building had been secured in conformance with Section 3.3 but was broken into after the
securing had occurred, then the requirements listed in Section 3.4 of this schedule shall apply.
2.4
If the building had been secured in conformance with Section 3.4 but was broken into after the
securing had occurred, then the requirements listed in Section 3.5 of this schedule shall apply.
3.0
This section lists the progressive steps of securing a vacant property as outlined in Section 2.
3.1
The following lists the means in which a vacant property premise must be secured by the
property owner. The owner shall be responsible for securing the building within 24 hours of
being notified as per Subsection 8.7.3 of this Bylaw. In the event the property owner cannot be
contacted or does not secure the building as directed, the Fire Chief or designate shall have a
contractor secure the property and the cost of the work carried out will be the responsibility of
the property owner.
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a.
All unsecured opening must be sealed using 17 mm ( 5/8") plywood.
b.
All plywood must be screwed into the frame of the opening being sealed.
c.
All screws must be pan head screws a must be a minimum of 70 mm (2 ¾") long
d.
All screws must have the threads dipped in PL400 or equivalent or other
acceptable
construction adhesive prior to being secured into the frame.
e.
The plywood must have screws placed not greater than 203 mm (8")apart
f.
All screws must be a minimum of 38 mm (1 ½") from the edge of the plywood
g.
All screw heads (i.e., Robertson Head or Phillips Head) must be filled with
construction adhesive as to ensure prohibited entry.
h.
A "no trespassing" sign not smaller than 216 x 280 mm (8 ½ " x 11") shall be
posted each side of the vacant building.
3.2
The vacant property will be secured by a contractor designated by the Fire Chief or designate.
The following lists the means in which a vacant property must be secured by the contractor. All
costs and expenses associated with securing the property are the responsibility of the property
owner.
a.
All unsecured opening must be sealed using 17 mm ( 5/8") plywood.
b.
All plywood must be screwed into the frame of the opening being sealed.
c.
All screws must be pan head screws and must be a minimum of 70 mm (2 ¾")
long
d.
All screws must have the threads dipped in PL400 or equivalent or other
acceptable
construction adhesive prior to being secured into the frame.
e.
The plywood must have screws placed not greater than 203 mm (8") apart
f.
All screws must be a minimum of 38 mm (1 ½")from the edge of the plywood
g.
All screw heads (i.e., Robertson Head or Phillips Head) must be filled with
construction adhesive as prohibit entry.
h.
A "no trespassing" sign not smaller than 216 mm x 280 mm (8 ½ x 11") shall be
posted on each side of the vacant building.
3.3
A vacant property must be secured in conformance with Section 3.2. In addition to the listed
requirements, a contracted security company must visit the site twice per evening. The first
visit must be between 8:00 PM and 10:00 PM to ensure the property is secure. The second visit
must be conducted between 3:00 AM and 5:00 AM. Any breach of the property must be
reported to the City of Kelowna Bylaw Office or Kelowna RCMP immediately. All costs and
expenses related to obtaining a security company are the responsibility of the property owner.
3.4
A vacant property must be secured in conformance with Section 3.2. In addition to the listed
requirements, the vacant house and any associated outbuildings on that property must be
surround by construction fencing not less than 1.8 meters tall. The construction fencing must
be bolted together, and the use of construction pins between fence panels will not be
accepted. All costs and expenses associated with the fencing rental and the installation costs
of said fencing are the responsibility of the property owner.
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3.5
A vacant property must be secured in conformance with Section 3.4. In addition to the listed
requirements, a contracted security company must remain on site continuously. All costs and
expenses associated with obtaining a security company are the responsibility of the property
owner.