Fire Bylaw No. 428, 2011 (Office Consolidation)

Lions Bay, British Columbia · No. 428 · adopted 2011-03-07 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 2103594d27f4 · verified 2026-10-26 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Fire Bylaw No. 428, 2011 Office Consolidation This document is an office consolidation of Fire Bylaw No. 428, 2011 with subsequent amendments adopted by the Village of Lions Bay. All persons making use of this consolidation are reminded that it has no Council sanction, that amendments have been incorporated only for convenience of reference, and that for all purposes of interpretation and application, the original bylaws should be consulted. The Village of Lions Bay will, in no event, be liable or responsible for damages of any kind arising out of the use of this consolidation. This is not the official version of Fire Bylaw No. 428, 2011, as amended, nor is it admissible in a court of law. For such purposes, official certified copies of the original bylaws can be obtained from the Village Office or by contacting us at: [email protected] List of Amending Bylaws Bylaw No. Section Description Adopted/In Force 465 3.1(11) Deletes Appendix B, renumbers s53 to s54, and adds a new s53. September 2, 2014 497 10 s.53 amended to be s.54, references inserted, appendix B deleted December 20, 2016 / January 1, 2017 535 2 3 Amends citation Deletes and replaces sections 44-47 re: sprinklers December 5, 2017 Village of Lions Bay Fire Bylaw No. 428, 2011 Page 2 _____________________________________________________________________________________ VILLAGE OF LIONS BAY Bylaw No.428 A bylaw to provide for the establishment and operation of a Lions Bay Fire Rescue service. NOW THEREFORE, the Council of the Village of Lions Bay in open meeting assembled, enacts as follows: CITATION 1. This bylaw may be cited as "Fire Bylaw No. 428, 2011." [Amended by Bylaw 535] 2. If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this Bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase. REPEAL 3. Bylaws number 175, 196, 228, 316, 321 and 325 are hereby repealed. DEFINITIONS 4. In this bylaw, Apparatus - means any vehicle provided with machinery, or materials for fire fighting as well as vehicles used to transport fire fighters or supplies. Approved - means acceptable to the authority having jurisdiction. Authority having jurisdiction - means any person or agency authorized by this or any other bylaw, regulation or statute to inspect and/or approve any thing or place. Consumer Fireworks - means outdoor, low-hazard recreational fireworks (Canadian Class 7.2.1) such as showers, fountains, golden rain, Roman Candles, volcanoes as may be designated under the provisions of the Natural Resources Canada "Display Fireworks Manual", but excludes sparklers. Council - means the Council of the Village of Lions Bay. "Enforcement officer" means: (a) every person designated by Council by name of office or otherwise as an enforcement officer for the purposes of administering and enforcing this Bylaw; and (b) a peace officer, including every officer of the Royal Canadian Mounted Police; Equipment - means any tools, contrivances, devices, or materials used by Lions Bay Fire Rescue to combat an incident or other emergency. Village of Lions Bay Fire Bylaw No. 428, 2011 Page 3 _____________________________________________________________________________________ Fire Chief - means the member appointed by Council, as head of Lions Bay Fire Rescue, or in his absence, his designate. Fire Pit - means a pit partially or wholly dug into the ground or made from stones, concrete, masonry or the like, for open burning. Fire Protection - means all aspects of fire safety including but not limited to fire prevention, fire fighting or suppression, pre-fire planning, fire investigation, public education and information, training or other staff development and advising. Fire Ring - means a device of metal, stones, concrete, masonry or the like, without a bottom, placed upon the ground or partially dug into it, for open burning. Fireworks - means any explosive product or device manufactured to produce a noise, explosion, detonation or pyrotechnic effect for entertainment purposes, but does not include caps for toy products, sparklers, Christmas crackers or model rocket engines. "He", "him" and "his" - also equally means "she", "her" and "hers," if the individual referred to is female. High Hazard fireworks - means those fireworks defined as such under the Explosives Regulations made under the current Explosives Act of Canada. Incident - means a fire, an explosion, a situation where a fire or explosion is imminent or any other situation presenting a danger or possible danger to life or property or the environment and to which Lions Bay Fire Rescue has responded. Member - means any person or officer that is duly appointed by the Fire Chief in concurrence of the Council as a member of Lions Bay Fire Rescue Member in charge - means the senior member at the scene of an incident or the member who is appointed as such by the Fire Chief. Open burning - means burning anything outside of a building, with the exclusion of the following: charcoal that is non-self-lighting and commercially-available, natural gas, butane or propane gas burned for the sole purpose of cooking food or heating; wood chips and the like used to flavor food in barbecuing; and clean, dry firewood (excluding driftwood) burned in permanently constructed outdoor fire pits or the like that were permitted and inspected by the Building Inspector prior to the effective date of this bylaw. Village - means the Corporation of the Village of Lions Bay and the area within the boundaries of the Village of Lions Bay. Village Manager - means the Village Manager or Administrator of the Village of Lions Bay, and also means the person appointed by Council to the Village Manager or Administrator position from time to time, or other persons authorized to carry out the duties ascribed to the said Village Manager or Administrator. Village of Lions Bay Fire Bylaw No. 428, 2011 Page 4 _____________________________________________________________________________________ Adoption of BC Fire Code 5. The "British Columbia Fire Code" as it may be amended is hereby adopted and forms part of this bylaw and shall be applicable within the Village of Lions Bay. Establishment 6. The Village of Lions Bay's Lions Bay Fire Rescue service is hereby established and will be known as Lions Bay Fire Rescue. Appointments 7. The Fire Chief shall be appointed by a resolution of Council. 8. Other officers and members may be appointed by the Fire Chief. 9. The Fire Chief may designate other officers of Lions Bay Fire Rescue to act as Fire Chief on his behalf. 10. The Council shall determine the remuneration of all members of Lions Bay Fire Rescue. Jurisdiction and Management 11. The limits of the jurisdiction of the Fire Chief, and the officers and members of Lions Bay Fire Rescue, will extend to the area and boundaries of the Village of Lions Bay to fight structural fires unless expressly authorized by a written contract or agreement providing for the supply of fire fighting services outside the municipal boundaries, or the prior approval of Council. Rescue and medical aid may be provided within an overall response area from the West Vancouver boundary to the South, to Furry Creek at the North. 12. The Fire Chief has complete responsibility and authority over Lions Bay Fire Rescue subject to the policy direction of Council and reporting to the Village Manager, to whom he shall be responsible, and in particular he is responsible for carrying out all fire protection activities and such other activities as the Village Manager directs, including but not limited to: a. rescue, which includes without limitation auto extrication, bus extrication and technical rope rescue; b. medical aid as first responders; c. structural firefighting; d. wild land fire fighting; e. response, planning and education around the above and other types of incidents; f. testing of fire hydrants for water flows; and g. preventive patrols, including parking patrols, to ensure proper emergency access. Village of Lions Bay Fire Bylaw No. 428, 2011 Page 5 _____________________________________________________________________________________ 13. The Fire Chief, in consultation with Council and the Village Manager, shall establish policies and operating guidelines for the proper and efficient organization and administration and operation of Lions Bay Fire Rescue, including but not limited to: (a) use, care and protection of Lions Bay Fire Rescue property, (b) the conduct and discipline of officers and members of Lions Bay Fire Rescue, and (c) efficient operations of Lions Bay Fire Rescue. 14. The Fire Chief, or in his absence, the senior ranking member present, shall have control, direction and management of all Lions Bay Fire Rescue apparatus, equipment or manpower assigned to an incident, and, where a members is in charge, he shall continue to act until relieved by a senior officer. 15. The Fire Chief shall report to the Council on the operations of Lions Bay Fire Rescue and related matters in the manner designated by Council. Powers of the Fire Chief 16. The Fire Chief, or any other member in charge, may take all necessary measures for the prevention, control and extinguishing of fires and for the protection of life and property during an incident. The Fire Chief and any member may enforce the Fire Code and any related municipal bylaws and regulations for the prevention and suppression of fires. The Fire Chief and the Assistant Fire Chief may exercise the powers provided in the Fire Services Act. 17. The Fire Chief, or any member of Lions Bay Fire Rescue he authorizes, may enter any premises at any reasonable time for the purpose of fire prevention inspections. 18. The Fire Chief or his designate may order an owner or an occupier of real property to undertake any actions for the purpose of removing or reducing any thing or condition that the Fire Chief or his designate considers is a fire hazard or increases the danger of fire, including but not limited to stored flammable materials, accumulations of litter or waste materials or vegetation of a nature especially liable to fire, and things impeding safe exits from a building or likely to impede the safe operations of Lions Bay Fire Rescue or its vehicular access to a building or premises for firefighting. 19. The Fire Chief, or any other member in charge at a fire, is empowered to cause a building, structure or thing to be pulled down, demolished or otherwise removed if he deems it necessary to prevent the spread of fire to other buildings, structures or things. 20. The Fire Chief, or any other member in charge at an incident, is empowered to enter premises or property where the incident occurred and to cause any member, apparatus or equipment or Lions Bay Fire Rescue to enter, as he deems necessary, in order to combat, control or deal with the incident. Village of Lions Bay Fire Bylaw No. 428, 2011 Page 6 _____________________________________________________________________________________ 21. The Fire Chief, or any other member in charge, at an incident is empowered to enter, pass through or over buildings, or property adjacent to an incident, and to cause members of Lions Bay Fire Rescue and the apparatus and equipment of Lions Bay Fire Rescue to enter or pass through or over buildings or property, where he deems it necessary to gain access to the incident or to protect any person or property. 22. The Fire Chief, or the member in charge, at an incident may at his discretion establish boundaries or limits and keep persons from entering the area within the prescribed boundaries or limits unless authorized to enter by him. 23. The Fire Chief, or the member in charge at an incident, may request an enforcement officer empowered under this Bylaw, or the Village of Lions Bay Traffic and Parking bylaw, to enforce restrictions on persons entering within the boundaries or limits outlined at an incident. 24. The Fire Chief may obtain assistance from other officials of the municipality as he deems necessary in order to discharge his duties and responsibilities under this bylaw. 25. The Fire Chief, or the member in charge, may close or restrict access, within the Village of Lions Bay, to any park or hiking trail, for the purposes of mitigating the risks of wildland fires or other risks to life and property. 26. The Fire Chief, or the member in charge of an incident may request persons who are not members to assist in removing furniture, goods and merchandise from any building on fire or in danger thereof and in guarding and securing same and in demolishing a building or structure at or near the fire or other incident. Behavior of the Public 27. No person shall enter the boundaries or limits of an area prescribed in accordance with section 16 unless he has been authorized to enter by the Fire Chief or the member in charge. 28. No person at an incident shall impede, obstruct or hinder a member of Lions Bay Fire Rescue or other person assisting or acting under the direction of the Fire Chief or the member in charge. 29. No person shall damage or destroy Lions Bay Fire Rescue apparatus or equipment. 30. No person at an incident shall drive a vehicle over any equipment without permission of the Fire Chief or the member in charge. 31. No person shall falsely represent themselves as a Lions Bay Fire Rescue member. 32. No person shall obstruct or otherwise interfere with access roads or streets or other approaches to any incident. 33. No person shall obstruct or interfere with a fire hydrant, cistern or body of water designated for fire fighting purposes. Village of Lions Bay Fire Bylaw No. 428, 2011 Page 7 _____________________________________________________________________________________ 34. Where an owner of a property has a fire hydrant located adjacent to their property, the registered owner of the property must ensure the maintenance of appropriate clearance around the hydrant. The Fire Code regulates the standard for clearance around a hydrant. 35. No person shall fail to comply with an order from the Fire Chief or his designate to remove or reduce any thing or condition that the Fire Chief or his designate considers is a fire hazard or increases the danger of fire. 36. With the exception of members of Lions Bay Fire Rescue for reasons of their work, no person shall construct a fire pit or fire ring within the Village of Lions Bay. 37. With the exception of wood used in fires by Lions Bay Fire Rescue for reasons of their work, no wood shall be burned outside a building in the Village of Lions Bay except in permanently constructed outdoor fire pits, fireplaces or the like that were permitted and inspected by the Building Inspector prior to the effective date of this bylaw. Fires and Burning 38. Except for Lions Bay Fire Rescue upon Village-sanctioned public occasions, for training exercises or for purposes of fire prevention, no person shall carry out open burning within the boundaries of the Village of Lions Bay. 39. No person shall discard, throw down or drop any lighted match, cigar, cigarette, barbecue briquettes or other burning substance into combustible material or in close proximity thereto. 40. A total ban on burning may be imposed within the Village of Lions Bay, including on the use of any outdoor combustion device including barbecues, if and when, in the opinion of the Fire Chief, hazardous fire conditions merit such a ban. 41. No person shall burn material included in Schedule "A" (Section 2 (b) of the Waste Management Act, Open Burning Smoke Control Regulation, B.C. Reg 145/93, as it may be amended, including but not limited to domestic waste, demolition waste, plastics or rubber, within the boundaries of the Village of Lions Bay, whether inside or outside a dwelling, in any apparatus designed for combustion, including but not limited to stoves, fireplaces, barbecues, hibachis, incinerators, fire pits and fire rings. Water for Firefighting 42. When in the opinion of the Fire Chief the supply, pressure and flow of water is considered inadequate or in danger of becoming inadequate for purposes of fire fighting protection, the Village Council may by resolution introduce and enforce such regulations as may be considered necessary to conserve the supply, pressure and flow of water for such purposes. Such regulations may control and designated the purpose and hours for and during which water may be used for other than fire fighting purposes and the methods and appliances permitted for Village of Lions Bay Fire Bylaw No. 428, 2011 Page 8 _____________________________________________________________________________________ such use, including houses, sprays, nozzles and sprinklers, the Village Council may also appoint an Inspector or Inspectors to enforce such regulations and such Inspector or Inspectors shall during the term of his or their office appointment, be granted the same authority to enter premises within the Village for purposes of Inspection under the regulations as are possessed by the Fire Chief. Fire Zones 43. The Village Council may designate certain areas within the Village of Lions Bay as fire zones, in which parking is restricted or prohibited and any abandoned vehicle or boat or other such obstruction may be removed. Requirements in Dwellings 44. All residentially zoned buildings in the Village of Lions Bay must have a fire sprinkler system or fire suppression system designed by a registered professional and accepted by the Building Inspector. 45. If a person makes an alteration to a residentially zoned building which does not have a sprinkler system, and the value of the alteration as specified in the applicable building permit is more than 75% of the replacement value of the building, as determined by multiplying the gross floor area of the building by $300, then the entire building must have a fire sprinkler system or fire suppression system designed by a registered professional and accepted by the Building Inspector. In this section, the monetary multiplier for the gross floor area shall be adjusted annually based upon the most recent percentage change in the Statistics Canada Construction Price Index for New Housing for Vancouver, BC. 46. Every dwelling unit, as defined in Zoning and Development Bylaw No. 520, 2017, must contain a minimum five pound A.B.C dry chemical ULC, UL or CSA approved fire extinguisher, which must be located in or on the same floor level as the kitchen. 47. Every dwelling unit, as defined in Zoning and Development Bylaw No. 520, 2017, must contain smoke alarms installed in accordance with the current BC Building Code, and every owner of a dwelling unit must replace each smoke alarm in accordance with the manufacturer's rated service life for the smoke alarm. [Amended by Bylaw No. 535] Fireworks Village of Lions Bay Fire Bylaw No. 428, 2011 Page 9 _____________________________________________________________________________________ 48. No person shall sell, offer for sale, possess, light, hold, distribute to another person or persons, set off or explode any firework at any time within the Village of Lions Bay, unless that person is over the age of 18. 49. No person shall set off or explode any Consumer Fireworks within the Village of Lions Bay unless that person has complied with the attached Village of Lions Bay Fireworks Policy (Appendix A). 50. No person shall set off or explode any High Hazard Fireworks within the Village of Lions Bay, except members of Lions Bay Fire Rescue on Village-sanctioned public occasions. Cost Recovery 51. The Village of Lions Bay may recover the costs and expenses of and incidental to the taking of any measures pursuant to removal of a fire hazard at a building or premises, from any person who at the time had the charge, management, or control of the building or premises. Failure of that person to pay may result in the Village of Lions Bay recovering the expenses incurred from the owner by direct invoice, together with costs and interest at the rate of the Taxation (Rural Area) Act. Default on those costs will result in those costs being added to the property taxes of the owner of the property. 52. If the Fire Chief or a Member finds any violations of the B.C. Fire Code, Fire Services Act, or this Bylaw while performing an inspection as set out in this Bylaw, that Member will write an order directing the violation(s) be corrected within a defined time period and will advise of a return date for a re-inspection to ensure the appropriate correction(s) is made. If the order has not been complied with upon re-inspection, a fee will be charged for that re-inspection and each additional re-inspection if required. The Fire Inspector may issue a Municipal Ticket or Bylaw Notice to any person whose property requires re-inspection. Penalties 53. Additional fees for services that may be or are provided under this Bylaw shall be payable as set out in Fees Bylaw No. 497, 2016, as amended. [Amended by Bylaw No. 465] [Amended by Fees Bylaw No. 497, 2016] 54. Every person who violates any 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 of the provisions of this bylaw, shall be deemed to have committed an offence, and upon a summary conviction is liable to imprisonment for a term of not more than 6 months or to a minimum fine of $2,500 and a maximum of $10,000, or to both fine and imprisonment. This bylaw is Village of Lions Bay Fire Bylaw No. 428, 2011 Page 10 _____________________________________________________________________________________ designated under section 264(1)(a) of the Community Charter as a bylaw that may be enforced by means of a municipal ticket information under the Community Charter, and is also designated under section 4 of the Local Government Bylaw Notice Enforcement Act as a bylaw that may be enforced by means of a bylaw notice. Village of Lions Bay Fire Bylaw No. 428, 2011 Page 11 _____________________________________________________________________________________ READ A FIRST TIME October 4th, 2010 READ A SECOND TIME November 1st, 2010 READ A THIRD TIME February 21st, 2011 ADOPTED March 7, 2011 Mayor Village Manager Certified a true copy of Bylaw No. 428, 2011 as adopted. Village Manager Village of Lions Bay Fire Bylaw No. 428, 2011 Page 12 _____________________________________________________________________________________ Appendix A Village of Lions Bay Consumer Fireworks Policy Background: The Village of Lions Bay is surrounded by forest that typically becomes tinder-dry during summer conditions, and this situation is becoming over time more risky because of global warming. Fireworks are explosive devices which can create injury, and they can also pose a safety risk to the Village, depending on how and where they are let off and how they are handled. The Fire Bylaw bans the use of High Hazard Fireworks within the Village, except by Lions Bay Fire Rescue on Village-sanctioned public occasions. It does allow the use of Consumer Fireworks under the policy and conditions outlined below. Consumer Fireworks are outdoor, low-hazard recreational fireworks (Canadian Class 7.2.1) such as showers, fountains, golden rain, Roman Candles, and volcanoes as may be designated under the provisions of the Natural Resources Canada "Display Fireworks Manual". They do not include sparklers, which may be therefore be used without reference to this Policy. Policy: Residents may use Consumer Fireworks on October 31 and New Year's Eve of any year, but not Canada Day because of the high risk at that time. They must give the Village Office notice one week in advance. The notice given to the Village Office must include the time, place and type of fireworks to be involved, who is to handle them and set them off and contact information for that person. This will allow time for the Fire Chief to conduct an inspection as he deems necessary of where and how the fireworks are to be let off. The fireworks may then only be used if the Fire Chief is satisfied that they: a. May be discharged without creating a risk of fire or injury; b. May be discharged without being propelled at any building, structure, hedge or vegetation; c. Will not be discharged within 30 metres of any location where flammable materials are stored; d. Are not High Hazard fireworks; e. Are not Movie Pyrotechnics, which are addressed under the Village of Lions Bay Filming Policy.