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FIREREGULATIONBYLAW
NO. 855, 2022
VILLAGEOF KEREMEOS
FIREREGULATIONBYLAWNO. 855
Being a By/aw to regulate firesand to prevent firesand interfacewildfires
in the Village ofKeremeos
WHEREAS pursuant
to Section 303 of the LocalGovernment
Act and the Fire Services Act
Municipal Council may, by bylaw, make regulations to decrease or prevent
fires;
AND WHEREAS pursuant
to Section 323 of the LocalGovernment
Act Municipal Council may, by
bylaw, require persons to eliminate or reduce the fouling or contaminating
of the atmosphere;
AND WHEREASthe Community Charter S.B.C. 2003, c. 26, as amended from time to time,
authorizes Council, by bylaw, to regulate, prohibit and impose requirements
in relation to
municipal services, emergency
exits, smoke alarms, and any matter
within the scope of the Fire
Services Act, and to authorize the municipal fire chief to exercise certain powers in relation to
the prevention
and suppression
of fires;
ANDWHEREASthe 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 WHEREASthe Community Charter S.B.C. 2003, c. 26 and Fire Services Act and its
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;
AND WHEREASthe Village of Keremeos wishes to support
the Firesmart
practices of the
community
by regulating fires and preventing fires and interface wildfires;
1.0
TITLEAND APPLICATION
1.1
Title
.1
This bylaw may be cited as "Vil|age of Keremeos Fire Regulation Bylaw No. 855,
2022".
1.2
Application
.1
This Bylaw applies to all land located within the Village of Keremeos.
2.0
ADMINISTRATION
2.1
Transition
.1
Keremeos
Fire Regulation Bylaw No. 655, 2003, as amended is repealed.
2.2
Severability
.1
Ifany section, subsection, sentence,
clause or phrase of this bylaw is for any
reason held to be invalid by the decision of any Court of competentjurisdiction,
the invalid portion shall be severed and the decision that it is invalid shall not
affect the validity of the remainder.
3.0
DEFINITIONS
In this Bylaw:
Building Inspector
means the person appointed by Municipal Council of the Corporation of the
Village of Keremeos
to act as the Building Inspector for the Municipality.
time to time.
ceremony,
by a first nation, that burns seasoned firewood in one pile no larger than 0.5 m in
height, and 0.5 min width.
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 shoc|< wave in air and is usually accompanied by a loud
noise.
Fire Chief means the person appointed by the Regional District of O|<anagan-Simill<ameen, and
the Village of Keremeos
to be the Fire Chief for the Keremeos & District Volunteer Fire
Department,
and includes his designates.
Fire Hazard means any condition, arrangement
or act which increases the lil<e|ihood
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
ofthe
Fire Department
or the
egress of occupants
in the event of fire.
Firewood means seasoned, untreated wood and lumber.
Fireworks has the same meaning as the Fireworks Act, namely includes cannon crackers,
fireballs, fire crackers, mines, Roman candles, sky rockets, squibs, torpedoes, and any other
explosive designated as a firework by regulation pursuant
to the Fireworks Act.
Garden refuse means dried plant matter,
such as leaves, stems, twigs and branches, that
originate on a parcel of land within the Village.
Incident means an event or situation to which the Fire Department
has responded or would
normally respond;
LocalAssistant to the Fire Commissioner
means a local assistant to the fire commissioner
as
described in section 6 of the Fire Services Act.
Municipality means the Corporation
of the Village of Keremeos.
Nuisance means the emission into the atmosphere of smoke by any means which disturbs the
comfort or convenience
of persons in the vicinity.
Prohibited Materials means the burning of all waste
material, mixed solid waste, domestic
waste,
recyclables, synthetic materials, refuse, garbage, garden waste,
leaves, green branches,
manure, waste
caused by demolition, renovation
or construction,
tires, rubber, plastics,
drywall, plywood, particle board, pressboard, MDF board, paint, treated lumber, railway ties,
tar paper, asphalt products, coal, oil, used oil, fuel, and lubricant containers, compressed gas
cylinders or vessels, biomedical waste
or any other material that is not seasoned firewood.
Seasoned Firewood is a form of natural wood from a tree that is cured and dry for a minimum
of six (6) months and is not altered significantly or processed; and is free of chemical treatment,
glue, plastic, and paint.
4.0
EXISTINGLEGISLATION
4.1
Provincial Acts and Regulations
.1
The Fire Code, the Fire Services Act, the Open Burning Smoke Control Regulation
152/2019(Environmental McmagementAct),
and the Wildfire Regulation 38/2005
(Wildfire Act), as amended or replaced from time to time, are adopted and made
part of this Bylaw, such that every provision of the Act, Code or Regulation shall be
considered a provision of this Bylaw.
.2
Any person who contravenes,
violates, or fails to comply with a provision of the
Acts, Code, and Regulations listed in provision a. or this Bylaw commits an offence
under this Bylaw.
4.2
Regional Bylaw
.1
The Regional District of Okanagan-Similkameen
Fire Department
Operational
Bylaw No. 2857, 2019, as amended or replaced from time to time, is adopted and
made part ofthis Bylaw, such that every provision shall be considered a provision
of this bylaw.
.2
Any person who contravenes,
violates, or fails to comply with a provision ofthe
Acts, Code, and Regulations listed in provision a. or this Bylaw commits an offence
under this Bylaw.
5.0
ENFORCEMENT& RIGHTTO ENTER
5.1
Enforcement
.1
The Bylaw Enforcement Officer, Building Inspector, or the Fire Chief or their
designate in the |<eremeos
Fire Protection Service Area, may enforce the
provisions of this bylaw.
5.2
Inspection and Entry
.1
The Bylaw Enforcement Officer, or the Fire Chiefor designate, are authorized to
enter
on and inspect any building or premises
at any time to ascertain whether the
requirements
ofthis Bylaw are being met. This includes, but is not limited to the
following:
a)
the premises are in a state of disrepair that a fire starting in them might
spread rapidly to endanger life or other property;
b)
the premises are so used or occupied that fire would endanger life or
property
c)
combustible or explosive material is kept or other flammable conditions
exist on the premises so as to endanger life or property;
d)
a fire hazard exists on the premises.
6.0
REGULATIONS
6.1
Open Air Burning
.1
No person will light, ignite or start, or allow, or cause to be lighted, ignited, or
started, a fire of any kind whatsoever in the open air except in accordance with
the following regulations:
Only permitted burning materials will be burned;
Allpermitted burning materials to be burned will originate from the land on
which it is to be burned;
6.2
f)
A minimum separation
of
i.
30 metres
will be maintained between the location of the fire and any
buildings and between any public roadway;
ii.
100 metres
will be maintained between the location ofthe fire and any
buildings on neighbouring properties
which may be a dwelling,
business or public facility;
iii.
500 metres
will be maintained between the location of the fire and
schools in session, hospitals and facilities used for continuing care as
defined under the Continuing Care Act.
iv.
10 metres
will be maintained between the location of the fire and any
power poles and power lines.
g)
No open fires will be initiated unless the local ventilation index as provided
by Environment Canada is forecast as:
i.
"good" for the day on the open burning is to be started, and
ii.
"good" or "fair" on the second and third day the fire is anticipated to
release smoke.
h)
Open burning must not be initiated ifthe local air flow willcause the smoke
to negatively impact on a nearby population or cause pollution.
i)
No open burning between April 15"'and October 15"'unless deemed safe
conditions by the Fire Chief.
j)
A person who lights, ignites, or starts, or allows a fire to be lighted, ignited, or
started, will report and/orattempt
to control any fire that escapes or threatens to
escape from the intended burning area.
Campfires
.1
No person will light, ignite or start, or allow, or cause to be lighted, ignited, or
started, a campfire except in accordance with the following regulations:
a)
Campfire size shall not exceed 0.5 meters
in diameter and 0.5 meters
in
height.
b)
Campfires must be located a minimum of 5 meters
from adjoining property
lines and buildings.
c)
Campfires must be constructed 3 meters
away from any combustibles.
cl)
Campfires will not be permitted between 12 a.m. and 6 a.m.
e)
Only permitted burning materials, including seasoned untreated lumber, dry
and seasoned firewood will be used in campfires.
i)
Campfires must be intended for and used solely for recreation
purposes
including the preparation
of food and to provide warmth, or for ceremonial
purposes
by a first nation.
j)
Afire in a stove that uses gas, propane
or briquettes is not considered a
campfire.
k)
Campfires will not be permitted on property
owned or rented without
written permission of the owner.
6.3
Other Fires
.1
No person will light, ignite, start or allow, or cause to be lighted, ignited, or
started, other fire types whatsoever in the open air except in accordance with the
following regulations:
a)
The operation
of a permanent
or portable outdoor barbecue intended for
and used solely for the preparation
of food using natural gas, propane or
briquettes is permitted, subject to restrictions
set by stratas
or other
property
managers.
b)
The operation
of portable propane
or natural gas outdoor fireplace is
permitted.
c)
Burning for fire-training
exercises of the Fire Department
is permitted.
d)
Burning for fire safety purposes by the Village of Keremeos
is permitted.
6.4
Restrictions
.1
Burning Barrels Banned
No person shall operate,
install or construct
any incinerator,
or barrel, for the
disposal of any material including prohibited material, industrial or commercial
waste,
refuse, rubbish, garbage, prunings, or any combination thereof within the
municipality.
.2
Burning of Prohibited Materials
No person shall operate,
install or construct
any incinerator,
or barrel, for the
disposal of any material including prohibited material, industrial or commercial
waste,
refuse, rubbish, garbage, prunings, or any combination thereof within the
municipality.
.4
Burning during windy conditions
No person will light, ignite or start or allow, or cause to be lighted, ignited or
started a fire, when a reasonable person would know that the wind is strong
enough to cause sparks or other burning material to be carried to combustible
material.
.5
Authorized burning subject to cancellation
Allfires are subject to localfire hazard restrictions
and Provincialfire hazard
restrictions
and are subject to cancellation at any time by an authority having
jurisdiction.
6.5
Building Conditions
.1
Vacant
premises
a)
For the purpose of this Section, vacant
premises includes a lot, building or
other structure
in respect
of which a water
or electric 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.
The owner of vacant premises
must promptly act to ensure that, at all times:
I.
the premises are free from litter and debris or accumulations of
combustible or flammable materials except where storage
of
combustible or flammable materials is in strict accordance with the
Fire Code and this Bylaw;
ii.
all openings in the premises are securely closed and fastened in a
manner acceptable to the Bylaw Officer so as to prevent
fires and the
entry of unauthorized persons; and
iii.
Sprinkler Systems and Fire Alarm Systems remain operational as per
requirements
of the Fire Code.
Where an owner fails to securely close a vacant
building as required by
subsection (b) above, the Bylaw Officer may, by notice in writing, order the
owner to secure the building or other part of the vacant
premises against
unauthorized entry in a manner
set out in the notice.
Ifan owner of vacant
premises fails to bring the premises into compliance
with this Bylawwithin twenty-four
(24) hours of receiving a notice under
subsection(c) above, or ifthe Bylaw Officer is unable to contact
the owner
10
Damaged buildings
The owner of a building or other structure
that has been damaged due to fire,
explosion, or similar event
must immediately ensure that all openings and points
of entry into the building are kept securely closed and fastened in a manner
acceptable to the Bylaw Officer to prevent
the entry of unauthorized persons, or
that one or more security guards are stationed to prevent
such entry. Ifthe
owner fails to provide the necessary
security to the damaged building within 2
hours of reasonable attempts
by the Bylaw Officer to notify the building owner
or the owner's appointed representative,
the Bylaw Officer may cause the work
to be carried out at the cost and expense ofthe owner.
6.6
Nuisance and dangerous
goods incidents
.1
Nuisance incidents
Every person who, willfully or recklessly and without reasonable cause:
a)
sets or causes a fire or explosion to which the Fire Department
must
respond; or
b) causes a fire or any other loss that can be directly attributed to the use of
fireworks contrary
to the requirements
and restrictions
of the Good
Neighbour Bylaw;
shall be deemed to have caused a nuisance and, 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 or loss, calculated in
accordance with the rates set out in the Fees and Charges Bylaw.
Dangerous
goods incidents
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 Fire Department
in
performing such work including:
7.
11
.3
Incident site security
Ifa fire cause or other investigation
is required, and cannot
be conducted
immediately, the owner is required to provide for Incident security through a
recognized security agency that is acceptable to the Fire Chief.
.4
Security costs
Allcosts associated with providing required security at an Incident, as described
in subsection (3) above, are the sole responsibility of the owner or occupier.
ORDERSAND COMPLIANCE
7.1
7.2
7.3
Orders
After an inspection the Building Inspector,
Bylaw Enforcement Officer, or Fire Chief or
their designate in the l<eremeos Fire Protection Service Area may, in writing, order-that,
within a reasonable time:
a)
where Section 5.2.1 (a) applies, the owner remove
or destroy the premises, or the
owner or occupier repair the premises
b)
where Section 5.2.1 (b) applies, the owner or occupier alter the use or occupancy of
the premises;
c)
where Section 5.2.1 (c) applies, the occupier remove or keep secure the
combustible or explosive material or remedy the flammable conditions;
d)
where Section 5.2.1 (d) applies, the owner or occupier remove or take proper
precautions
against the fire hazard.
Compliance
After the receipt of an order, the owner, occupier,
or person in charge must comply with
it.
Cost of complying
12
8.
VIOLATIONS
8.1
Violations
Every person who violates of the provisions of this bylaw, or who suffers or permits any
act or thing to be done in contravention
or in violation of any of the provisions of this
bylaw, or who neglects to do or refrains from doing anything required to be done by any
of the provisions of this bylaw, or who does any act or thing or omits any act or thing
thus violating any ofthe provisions of this bylaw, commits an offence and is liable on
conviction to a fine of not less than Two Hundred Dollars ($200.00) nor more than the
maximum penalty provided under the OffenceAct, or as stated in the Municipal
Ticketing Bylaw.
READa first time by Municipal Council this 5"'day of December, 2022.
READa second time by Municipal Council this 5"'day of December, 2022.
READa third time by Municipal Councilthis 5"'day of December, 2022.
ADOPTEDby Municipal Council this 19"'day of December, 2022.
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