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VILLAGE OF MIDWAY
BYLAW NO. 451
A bylaw to Establish a Fire Department and to Regulate Fire Protection, Suppression and
Prevention
Whereas pursuant to the Community Charter, the Fire Services Act and other applicable legislation, Council may
by bylaw, regulate, prohibit and impose requirements in relation to the protection of persons and property in the
Village;
Now therefore Municipal Council of the Village of Midway, in open meeting assembled, enacts as follows:
PART 1
CITATION, DEFINITIONS AND INTERPRETATION
1.
CITATION
This Bylaw may be cited for all purposes as the "Village of Midway Fire Services and Regulations Bylaw
No. 451, 2014".
2.
DEFINITIONS
In this Bylaw,
"Access Route" means a private road, driveway, lane or portion of a yard, which provides access by Fire
Department Vehicles or equipment in accordance with the British Columbia Building Code.
"Alarm" means the giving, signalling or transmission to any public fire hall or fire dispatch or alarm
company or to any officer or employee thereof, whether by telephone, spoken word or otherwise, of
information to the effect that a fire or emergency situation exists at or near the place indicated by the
person giving, signalling or transmitting such information.
"Apparatus" means any Vehicle provided with machinery, equipment or materials for Fire Protection, and
any Vehicle used to transport personnel or supplies.
"Assistance Response" means
(a)
ambulance assist to (attending at) medical emergencies to provide assistance to BC Ambulance
Service;
(b)
response to accidents, natural or man-made disasters, escapes of poisonous or noxious
materials or other hazardous material Incidents, or other circumstances that have caused or may
cause harm to persons or property; and
(c)
rescue operations.
"Approved" means Approved by an Officer as being in compliance with this Bylaw.
"Building" means a structure used or intended for supporting or sheltering any use or occupancy.
"Chief Administrative Officer" or "CAO" means the person appointed to that office from time to time
by the Council.
"Combustible Liquid" means a liquid having a flash point at or above 37.8 degrees Celsius and below
93.3 degrees Celsius.
"Council" means the Council of the Corporation of the Village of Midway.
"Deputy Fire Chief" means a person appointed by the Fire Chief or Council, as second in command to
the Fire Chief.
"Department" means the Midway Volunteer Fire Department referred to in section 5.
"Fire Protection" means all aspects of fire safety, including but not limited to, fire prevention, fire
suppression, pre-fire planning, inspection, fire investigation, training, staff development and advising on
fire safety matters.
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"False Alarm" means an Alarm, regardless of how caused, necessitating a response by the Department
where a fire or emergency does not exist.
"Fire Alarm System" means all equipment forming part of or used in connection with a Fire Alarm
System or fire detection system, including without limitation, batteries, gongs, horns, buzzers, switches,
wiring, relay apparatus, sensors, and other accessories.
"Fire Chief" means the person appointed by Council as head of the Department.
"Fire Code" means the British Columbia Fire Code, enacted by B.C. Regulation 263 / 2012, under the
Fire Services Act.
"Firecrackers" are included within the classes mentioned in the definition of Fireworks in this bylaw, and
include, without limitation, Fireworks with entwined fuses used solely as noisemakers and not for
pyrotechnic effect, including, without limitations, bottle rockets and screechers.
"Fire Inspector" means a bylaw enforcement officer, peace officer, the Fire Chief, or designated Member
of the Department.
"Fire Safety Plan" is a set of emergency procedures and guidelines to be followed in the event of a fire in
a Building.
"Fireworks" means manufactured goods intended to be used for pyrotechnic effect that are classified by
the Canada Explosive Act Regulations, 2013 as consumer fireworks, display fireworks, special effect
pyrotechnics and fireworks accessories.
"Flammable Liquid" means a liquid having a flash point below 37.8 degrees Celsius and having a
vapour pressure not exceeding 275.8 kPa (absolute) at 37.8 degrees Celsius.
"Incident" includes an emergency or non-emergency call that the Department is requested to attend.
"Incinerator" means an appliance or device, whether or not it has an enclosed chamber, in which heat is
produced to heat buildings or destroy refuse, and includes burn barrels, but for the purpose of this bylaw,
does not include campfire pits.
"Member" means a person appointed by the Fire Chief as a Member of the Department and includes
without limitation the Officers, firefighters, and administrative staff of the Department.
"Ministry of Forests or (MFLNRO)" means the British Columbia Ministry of Forests, Land and Natural
Resource Operations or the ministry responsible from time to time for open burning regulations in the
unincorporated areas of British Columbia.
"Mutual Aid" means the provision of services to a person or other jurisdiction, including the Provincial
Ministry of Forests, pursuant to a Mutual Aid agreement between the Village and that person or
jurisdiction.
"Occupant" includes the registered owner and / or a lessee, tenant and licensee of any Building or
premises.
"Officer" means a Member appointed by the Fire Chief as an Officer or captain / lieutenant of the
Department, and includes a Village Bylaw Enforcement Officer and the Chief Administrative Officer of the
Village, but nothing in this Bylaw makes such persons Officers for the purpose of section 146 of the
Community Charter.
"Officer in Charge" means the Fire Chief or, in his absence, the senior ranking Officer or Member of the
Department who is present at the location of an incident.
"Public Services" means public information, education and prevention programs, as they relate to fire
safety, public safety, and emergency preparedness for the village and its communities.
"Sprinkler System" includes all equipment forming part of or used in connection with an automatic fire
Sprinkler System, including without limitation, all heads, valves, piping, switches, sensors, relay
apparatus, and other accessories.
"Standpipe System" means an arrangement of piping, valves, hose connections, and allied equipment
installed in a Building or structure, for the purpose of extinguishing a fire, thereby protecting a Building or
structure and its contents, in addition to protecting the Occupants.
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"Trade Waste" means waste and abandoned materials resulting from the operation of an industry or
business, including paper, boxes, packing cases, wrapping material, sweepings, and all flammable
materials of a like nature.
"Underground Tank" means a tank installed wholly or partly under the surface of the ground and used
or intended for the storage of flammable or Combustible Liquids or gases.
"Vehicle" includes all types of motor vehicles, farm tractors, and mobile machinery, or any other self-
propelled machinery.
"Village" means the Corporation of the Village of Midway.
3.
INTERPRETATION
(1)
Words and phrases not defined in section 2 shall have the meaning assigned to them by the
British Columbia Building Code, the Fire Services Act or the British Columbia Fire Code, as the
context and circumstances of this bylaw may permit or require.
(2)
In the event of a conflict between this Bylaw and the Fire Services Act or the Fire Code
Regulation under that Act, the provisions of the Fire Services Act shall prevail, unless the
authority is provided under the Community Charter, in which case, the Community Charter
prevails.
(c)
A reference in this Bylaw to a section, subsection, clause or schedule is a reference to a
section, subsection, clause or schedule of this Bylaw unless otherwise specified.
4.
ADOPTION OF FIRE CODE
The Schedule to the Fire Code is hereby adopted as part of this Bylaw and as a standard of the Village.
PART 2
FIRE SERVICES DEPARTMENT
5.
ESTABLISHMENT
The Midway Volunteer Fire Department is hereby established and continued.
6.
ADMINISTRATION
The Fire Chief is authorized to administer the Department and this Bylaw.
7.
REFERENCES TO THE FIRE CHIEF
All references in this Bylaw to the Fire Chief includes the Deputy Fire Chief and/or Captains acting on the
Fire Chief's behalf during his absence.
8.
POWERS OF THE FIRE CHIEF
(1)
The Fire Chief or an Officer may
(a)
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 a fire;
(b)
take measures to prevent and suppress fires, including the demolition of Buildings and
other structures to prevent the spreading of fire;
(c)
require an owner or occupier of real property to undertake any actions directed by the
Fire Chief or an Officer for the purpose of removing or reducing any thing or condition
that the Fire Chief or Officer considers is a fire hazard or increases the danger of fire;
(d)
The Fire Chief may exercise all of the powers of the fire commissioner under section 25
of the Fire Services Act, and for these purposes that section applies
.
9.
SCOPE OF DEPARTMENT
(1)
The Department is empowered to provide the following services within the Village:
(a)
Fire Protection
(b)
Assistance Response
(c)
Public Services
(d)
Emergency Preparedness Program
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(2)
The Department is empowered to provide the following services outside the Village:
(a)
Mutual Aid
(b)
Service agreements and other arrangements under section 10(1) of this Bylaw
10.
LIMITS OF JURISDICTION
(1)
The Department may provide all or some of the services listed in section 9(1) outside the
boundaries of the Village in the following circumstances:
(a)
Pursuant to a written service agreement with property owners of parcels of land within
the area outlined in the Fire Response Area Map Schedule, provide fire service limited to
fire response only, in which case the provisions of this bylaw applicable to the limited
service shall apply.
(b)
With the approval of the Council or the Chief Administrative Officer on the terms and
conditions of that approval.
(c)
When required under the Emergency Program Act.
(d)
Mutual Aid
11.
PREVENTION, CONTROL AND ENFORCEMENT
(1)
The Department may take all necessary measures for the prevention, suppression, control and
extinguishment of fires, for mitigating the effects of dangerous goods Incidents and for the
protection of life and property, including but not limited to those described in this section.
(2)
The Fire Chief and Officers or Members designated by the Fire Chief or by Council are
authorized to enforce the Fire Code and Village bylaws and regulations applicable to the
prevention and suppression of fires.
(3)
The Fire Chief and Officers (see definition of Officer) may charge, at actual or market rental cost
for the use of fire services and auxiliary equipment and personnel in the following circumstances:
(a)
any actions contrary to the regulations prescribed in this bylaw
(4)
The Officer in Charge at an Incident may
(a)
order the removal of any Vehicle, material, chemical, or other matter or thing which
impedes the mitigation of, or may worsen, an Incident.
(b)
establish boundaries or limits around the incident area and keep persons from entering
the area within the prescribed boundaries or limits unless authorized to enter by the
Officer in Charge.
(c)
direct or caused to be directed vehicular and pedestrian traffic as necessary for the
control of the Incident.
(5)
No person shall enter the boundaries or limits of an area prescribed in accordance with
subsection (4)(b) unless authorized to enter by the Officer in Charge.
(6)
No person at an Incident shall impede, obstruct, or hinder a Member or other person assisting or
acting under the direction of the Officer in Charge.
(7)
No person at an Incident shall drive a Vehicle over any Department equipment without
permission of the Officer in Charge.
12.
FIRE INVESTIGATION INFORMATION REQUESTS
The Fire Department may charge a fee, in accordance with section 75 of the Freedom of Information and
Protection of Privacy Act, to any person seeking information on Fire Investigations.
PART 3
FIRE PREVENTION REGULATIONS
13.
COMBUSTIBLES
(1)
ACCUMULATION OF COMBUSTIBLES
An owner or occupier of property shall promptly remove and not cause or permit any
accumulation on that property of combustible growth, waste or rubbish of any kind, which is liable
to catch fire.
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(2)
ACCUMULATION OF DAILY COMBUSTIBLES
An owner or Occupant of a Building or property who makes, stores, uses, or has charge or
control of any shavings, excelsior, rubbish, sacks, bags, litter, straw, waste-paper, paper boxes or
any other flammable material, shall at the close of business on each day cause all such material,
using the method appropriate for the type of material, to be compactly baled, stacked in a safe
manner, or stored in non-combustible receptacles having tight fitting, non-combustible lids, which
lids shall be kept closed at all times except when refuse is placed in the containers.
(3)
STORAGE OF COMBUSIBLE MATERIALS
An owner or operator of a business shall provide a non-combustible container with a self-
closing lid, to store cleanup rags or shop towels for products subject to spontaneous combustion,
until safely removed from the Building. Lids are to be kept closed at all times except when rags
or towels are being placed in the containers.
(4)
FLAMMABLE, COMBUSTIBLE, EXPLOSIVE OR ACCUMULATED MATERIAL
An Officer may order the owner or Occupant of property to immediately remove or otherwise deal
with, as directed in the order,
(a)
flammable, combustible or explosive material or any accumulation of waste materials or
refuse that is liable to catch fire, endanger life or property, or obstruct ingress or egress
from a Building, on the property, or
(b)
any other condition which is a fire hazard,
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FIRE DOORS OR FIRE SEPARATION DEVICES
Where fire doors or fire separation devices are installed in a Building to prevent the spread of fire within
the Building, the owner and Occupier of the Building shall at all times keep and maintain those doors and
devices in good repair and efficient working order.
15.
QUANTITY & STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS
Flammable or Combustible Liquids shall not exceed the volumes prescribed by and must be stored in
accordance with the Fire Code.
16.
REFUSE CONTAINERS
An owner of a Building used for apartment, commercial, industrial or assembly occupancies shall provide
refuse containers that are non-combustible and placed away from any combustible construction or
material or any unprotected Building openings in accordance with the Fire Code, and if the refuse
container is stored in an enclosure, the enclosure shall be provided with a non-combustible top or ceiling.
17.
SIGNAGE FOR COMBUSTIBLE LIQUIDS
An owner and Occupant of an area of land or a Building where Combustible Liquids are stored,
received, or dispensed shall post "NO SMOKING" signs in the manner and places prescribed in the Fire
Code.
18.
CLEANING WITH COMBUSTIBLE LIQUIDS
No person shall use flammable or Combustible Liquids, which could endanger life or property, for the
purposes of cleaning within any Building.
19.
FIRE EXTINGUISHERS
The owner of a business shall provide and maintain in good working order at least one portable fire
extinguisher, available and accessible for emergency use, and the fire extinguisher must comply with
NFPA 10 and ULC standards.
20.
FIRE SAFETY PLAN REQUIREMENTS AND REVIEW
All Buildings, sites, storage areas or other areas as required by the Fire Code shall have a Fire Safety
Plan. Measures within a Fire Safety Plan shall conform to the Fire Code.
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21.
OUTDOOR FIRES
(1)
No person, anywhere within the geographical boundaries of the Municipality shall light or start, or
knowingly permit or cause to start or ignite any fire in the open air, other than a campfire or
backyard burning on open ground in accordance with section 22, without first obtaining a Burning
Permit from the Fire Chief, an Officer or other person designated by the Fire Chief, in the permit
form attached as Schedule "A" to this Bylaw.
(2)
No person, shall operate, install or construct an Incinerator (either enclosed inside a
building or outside) for the disposal of:
(a)
household waste, refuse, rubbish, garbage, yard and garden waste;
(b)
industrial or commercial waste and refuse except with a permit from The Ministry of
Environment, or;
(c)
any combination thereof within the Village of Midway boundaries.
(3)
No person shall ignite or cause to be ignited in a campfire pit or backyard open ground burning
any
(a)
household waste, refuse, rubbish garbage, plastic, or Styrofoam;
(b)
industrial or commercial waste and refuse except with a permit from the Ministry of
Environment; or
(c)
any combination thereof within the Village of Midway boundaries.
22.
OUTDOOR BURNING AND EXCEPTIONS
(1)
All outdoor burning is prohibited within the Village of Midway boundaries except as permitted in
this section.
(2)
Campfires and burning on open ground in backyards in the Village
(a)
are permitted only during periods when fire or open burning is not prohibited or restricted
by the Fire Chief or an Officer, and
(b)
are not permitted at times when the Ministry of Forests prohibits open fires in the
unincorporated areas outside the boundaries of the Village, at which times, for the sake
of consistency, open fires are prohibited within the boundaries of the Village.
(3)
Campfires are permitted during the days they are permitted in subsection (2), but only under the
following conditions;
(a)
for cooking, warmth and ceremonial purposes only,
(b)
the fire once ignited is not left unattended at any time,
(c)
there is sufficient quantity of fire extinguishing materials and equipment at the site of the
campfire to completely extinguish the fire, and the fire is completely extinguished before
leaving the area
(d)
the campfire must be at least 3 metres from any combustible material; and at least 30
metres from any flammable liquids and any fuel containing tanks.
(e)
the campfire size does not exceed 0.5 metres in height and 0.5 metres in diameter.
(f)
winds do not exceed ten (10) kilometers per hour and burning is permitted only when
venting and air quality are favorable.
(4)
The burning of dry garden refuse is permitted during the days specified in subsection (2),
provided that
(a)
the refuse is plant matter only,
(b)
the fire once ignited is not left unattended at any time,
7
(c)
there is sufficient quantity of fire extinguishing materials and equipment at the site of the
fire, to completely extinguish the fire, and the fire is completely extinguished before
leaving the area,
(d)
the fire must be at least 3 metres from any combustible material; and at least 30 metres
from any flammable liquids and any fuel containing tanks,
(f)
the burn material in one pile does not exceed 1 metre in diameter and 1 metre high
(g)
winds do not exceed ten (10) kilometers per hour and burning permitted only when
venting and air quality are favorable.
(5)
The owner or occupier of and area of land of not less than .8 hectares (approximately 2 acres) is
permitted to burn industrial waste provided that
(a)
the industrial waste is plant matter or other fuels permitted by the Ministry of
Environment,
(b)
the burning takes place on the said land area,
(c)
suitable precautions and equipment are in place to extinguish the fire and prevent it
spreading, and
(d)
the owner or Occupant has obtained a permit from the Ministry of Environment.
(f)
winds do not exceed ten (10) kilometers per hour and burning is permitted only when
venting and air quality are favorable.
(6)
Department burns, which are conducted for training exercises at the discretion of the Department,
do not require a burning permit but are to be fully extinguished by the Members at the completion
of the task.
(7)
Department burns, which are conducted for fire hazard control on private property at the request
of the property owner or Occupant are to be burned down to a safe smoulder under the
protection of the Department and then left to be fully extinguished by the owner or Occupant. The
Fire Chief or designate must have the owner or Occupant sign a Schedule "C" form prior to
leaving the site.
PART 4.
FIREWORKS REGULATIONS
23.
SALE
No person may possess for purposes of re-sale or distribution, offer for sale, store, distribute or sell within
the municipality - Fireworks (see definition in section 2 of this Bylaw).
24.
USE
Subject to section 26, no person shall possess Fireworks for purposes of use, or use, set off, explode or
discharge Fireworks.
25.
LIGHTING / SETTING OFF FIREWORKS
No person shall point or direct a Firework, including a Firecracker at any person, animal, structure,
Vehicle or other object where the Firework, or Firecracker is in the process of being used, set off,
exploded or detonated, and in all cases, except for display fireworks the operator
is required to have
and shall hold a Fireworks Operator Certificate, and in all cases the permit holder shall, at his or her own
expense, for the duration of the fireworks event, secure and maintain a comprehensive general liability
insurance policy for bodily injury and property damage.
26.
EXEMPTION TO FIREWORKS REGULATIONS
(1)
Section 24 does not apply if a person has received a permit from the Council to use, set off,
explode or discharge Fireworks, for religious ceremonial, celebratory or business related
purposes.
(2)
Requests for a permit must be made in writing to the Department.
8
(3)
The Council or the Fire Chief may impose any and all conditions on the permit deemed
necessary to provide for the protection of persons and property from harm in relation to
Fireworks.
(4)
The person to whom the permit is issued is responsible for ensuring compliance with the terms
and conditions contained in the permit and the regulations in this Bylaw, and shall provide upon
request, proof of a current Fireworks Operator Certificate issued by Natural Resources Canada.
(5)
The person to whom the permit is issued is responsible for securing and maintaining a
comprehensive general liability insurance policy (minimum limits specified on permit) for bodily
injury and property damage, for the duration of the fireworks event, at his or her own expense.
PART 5
SECURING VACANT PREMISES
27.
DUTY OF OWNER
An owner of permanently vacant or unoccupied premises must ensure the premises is made and kept
secure against unauthorized entry or occupation by one or more of the following methods and also by
employing onsite security personnel or guard patrols on a frequent and periodic basis, if necessary in the
circumstances:
(a)
affixing structural barriers to windows and other points of ingress using materials and a method of
installation effective to preclude entry;
(b)
installing security fencing or other perimeter barriers;
(c)
installing a security lighting system so long as such lighting does not impact any neighbouring
properties.
28.
REQUIREMENT BY OFFICER
If an Officer finds vacant or unoccupied premises, which are accessible contrary to Section 27, the Officer
may notify the owner of the premises that the premises must be secured against unauthorized entry as
required by section 27.
29.
NON-COMPLIANCE BY OWNER
If an owner fails to bring the premises into compliance with Section 27 within 24 hours of receiving notice
to do so, the Officer, at the expense of the owner, may have the premises secured by a contractor who
may board up or otherwise secure doors, windows and other points of entry into the premises in order to
prevent fires.
30.
ORDER FOR SECURITY
The owner of a fire-damaged Building shall ensure that the premises are guarded or that all openings of
the Buildings are kept securely closed and fastened so as to prevent the entry of unauthorized persons.
31.
If the owner of a fire damaged Building fails to provide the necessary security required by section 30
within a reasonable time after the fire, the Fire Chief or designate may have the work performed at the
expense of the owner.
32.
INSPECTION FEES
An owner of a vacant or unoccupied premises who violates Sections 27 and 30 must pay immediately,
upon receipt of an invoice from the Village, all fees for inspections made in the enforcement of that
violation prescribed in Village of Midway Fees and Charges Bylaw.
PART 6
INSPECTION OF PREMISES
33.
RIGHT OF ENTRY
The Fire Chief or authorized designate may enter on any property in the Village, in accordance with
Section 16 of the Community Charter, to inspect and determine whether all regulations, prohibitions and
requirements under this Bylaw are being met.
9
34.
FAILURE TO PROVIDE ACCESS FOR FIRE INSPECTION
(1)
When an owner or Occupant has been notified of an inspection to be conducted under this
bylaw or any other enactment relating to fire safety, the owner or Occupant must attend at the
premises at the date and time specified in the notice to provide access for an inspection.
(2)
If the owner or Occupant does not attend on the inspection date, without explanation in advance,
the Village shall charge the owner or Occupant with the fee prescribed by the Village of Midway
Fees and Charges Bylaw for that inspection attempt and each additional inspection attempt
made.
35.
OBSTRUCTION
No person shall obstruct or interfere with the Fire Chief or an Officer while they are carrying out any
inspection pursuant to this Bylaw, the Fire Code or the Fire Services Act.
36.
PROVISION OF INFORMATION
(1)
Every Occupant of premises shall provide all information required by the Fire Chief or authorized
designate in connection with a permit issued under this Bylaw.
(2)
No person shall withhold or falsify any information required by the Fire Chief or an Officer in
connection with a permit applied for or issued under this Bylaw.
(3)
No person shall refuse to assist in the carrying out of an inspection pursuant to this Bylaw, the
Fire Code or the Fire Services Act.
37.
RE-INSPECTION
(1)
If an owner or Occupant has failed to meet the requirements of a Fire Inspector, re-inspections
shall be performed by the Fire Inspector, generally at monthly intervals, until such time as the
deficiencies have been corrected.
(2)
A fee will be charged for each re-inspection as prescribed by the Village of Midway Fees and
Charges Bylaw.
(3)
The Fire Inspector may waive the fee for the first re-inspection provided that all deficiencies are
corrected at that time and the property did not require a re-inspection during the previous two
years.
PART 7
FIRE ALARM AND SPRINKLER SYSTEM ACTIVATION
38.
MAINTENANCE OF FIRE ALARM AND SPRINKLER SYSTEMS
An owner or occupier of Buildings or premises shall ensure the Building's fire Alarm and Sprinkler
Systems are maintained and tested in conformance with the Fire Code.
39.
RETENTION OF RECORDS
Records of service testing and maintenance of a Fire Alarm System or Sprinkler System must be retained
on site by the owner.
40.
CORRECTION OF DEFICIENCIES
When the Department attends premises where a Fire Alarm System or a Sprinkler System or call for
emergency response is requested without proper cause, the occupier of the premises shall immediately
correct the deficiencies to the Fire Alarm System and Sprinkler System that caused the false alarm.
41.
FEE FOR FAILURE TO NOTIFY
The Village shall charge the owner, Occupant or lessee of a Building containing a Sprinkler System or a
Fire Alarm System the fee prescribed in Village of Midway Fees and Charges Bylaw for a False Alarm
activated following a failure to notify the Department prior to service, testing, repair, maintenance,
adjustment, alterations, or installation of the system that resulted in an emergency response to the alarm.
42.
REPEAT OR FAULTY ALARMS
The Village shall charge the owner, Occupant or lessee of any Building containing a fire Sprinkler System
or a Fire Alarm System the fee prescribed in the Village of Midway Fees and Charges Bylaw for a False
Alarm activated as a result of a faulty alarm or sprinkler system, which results in a repeat emergency
response.
10
PART 8
STANDPIPES, HYDRANTS AND HOSES
43.
HYDRANTS
(1)
No person shall install or permit any obstruction within one (1) metre of a hydrant or Standpipe
System.
(2)
No person may attach anything to a hydrant or Standpipe System and the Department may
remove unauthorized attachments without notice or compensation to the person who made the
attachment.
(3)
The owner of a Building which is equipped with a Sprinkler System shall install a fire hydrant
within 45 metres of each Department Connection (known as a siamese) to the sprinkler system.
(4)
Except employees of the Village acting within the scope of their duties, no person shall make use
of standpipes or hydrants without first obtaining a permit from the Village.
(5)
No person shall park within five (5) metres of a Fire Hydrant.
44.
PRIVATE HYDRANTS
(1)
An owner of property on which a private hydrant is located must ensure that the private hydrant
conforms to all standards in the BC Building Code applicable to hydrants.
(2)
An owner of a property on which a private hydrant is located shall at least once per year have all
components of the hydrant inspected, serviced and tested by a qualified technician.
(3)
An owner of a property on which a private hydrant is located shall maintain the hydrants so that
they are capable of providing the flow and pressure of water for which they were designed.
45.
FIRE HOSE
No person shall stand, walk on, or drive over a hose belonging to the Department or be within nine (9)
metres of a hose line.
PART 9
EMERGENCY ACCESS
46.
PROPERTY ADDRESSES
(1)
An owner of property, whether or not there is a Building on the property, must ensure that the
property is individually addressed with the address assigned by the Village to that property.
(2)
An individual address must be placed on new or existing Buildings or structures in such a position
as to be plainly visible and legible from the street, road, fire lane, or other right-of-way or
easement and at the front of the structure.
(3)
If the property is vacant, the address must be as close as possible to the access entrance.
(4)
The address must be conspicuous and legible from a distance of 15 metres.
(5)
The letters or numbers of any addresses shall be a minimum of 5 inches in height and no less
than ½" in the width of each stroke of the numbers.
(6)
The colour of the letters or numbers shall contrast with the background colour of the Building.
47.
EMERGENCY ACCESS TO BUILDINGS
To allow for the access of emergency Vehicles, an owner and occupier of property must ensure that
Access Routes to Buildings on the property are unobstructed at all times.
48.
DURING CONSTRUCTION PHASES
An owner and occupier of property on which construction is occurring must ensure that Access Routes
are unobstructed and have a surface condition suitable for the access of emergency Vehicles.
49.
SECURITY GATES
No person may install a gate across a fire or other emergency access lane or other assemblies used to
secure primary or secondary Access Routes unless the installation has been approved by the Fire Chief
PRIOR to installation.
50.
SIGNAGE
Each owner of public use property shall ensure that all Access Routes to Buildings on that property have
"NO PARKING - FIRE LANE" signs permanently posted at each entrance and at intervals not less than
ten (10) metres apart.
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PART 10
OFFENCES, PENALTIES AND ENFORCEMENT
51.
VIOLATION OF BYLAW
(1)
This bylaw is enforceable by the Fire Chief, Officers, and any person designated by Council to
enforce it.
(2)
A person who contravenes or violates any provision of this Bylaw, or who suffers or permits any
act or thing to be done in contravention or in violation of any provision of this Bylaw, or who
neglects to do or refrains from doing anything required to be done by the provisions of this Bylaw,
commits an offence and is liable to a minimum fine of $500.00 and the maximum fine prescribed
by the Community Charter.
(3)
Where an offence is continuing, the minimum and maximum fines shall apply to the offence for
each day the offence continues.
52.
MUNICIPAL TICKETS / FEES AND CHARGES
The Village of Midway Municipal Ticket Information Bylaw and the Village of Midway Fees and Charges
Bylaw apply to this Bylaw.
53.
POSTED NOTICE
No person shall remove, alter, or deface any notice posted pursuant to this Bylaw.
54.
IMPERSONATION
No person shall falsely represent that he or she is a Member of the Department.
55.
ENTRY ON DEPARTMENT PROPERTY
No person shall enter on any premises occupied by the Department, without the permission of the Fire
Chief, an Officer of the Department or the Chief Administrative Officer.
56.
COST RECOVERY
If an owner or Occupant is in default of a notice or order made under this bylaw that requires the owner to
do something, the Village, by its employees or contractors, may enter the property and effect the work
required to be done in the notice or order, at the expense of the owner or Occupant so defaulting in
accordance with section 17 of the Community Charter.
57.
All costs incurred by the Village under section 56 shall be invoiced to the applicable owner or Occupant
and may be recovered in the same manner as property taxes in accordance with sections 258 and 259 of
the Community Charter.
58.
A notice or invoice made under this bylaw shall be in writing and must be directed to the applicable owner
and Occupant of the property in respect of which the notice or invoice is made.
59.
A notice or invoice made under this bylaw shall be served
(a)
by delivering it or causing it to be delivered to the person to whom it is directed; or
(b)
by sending the notice by return registered or certified mail to the last known property owner at the
owner's last known address; or
(c)
after 14 days of sending a notice by return registered or certified mail to the last known property
owner at the owner's last know address, by posting a copy in a conspicuous place on the building
or property if the person to whom it is directed cannot be found, is not known, or refuses to accept
service of notice.
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60.
SEVERABILITY
If any section, subsection or clause of this Bylaw is declared or held to be invalid by a court of competent
jurisdiction, then the invalid portion will be severed and the remainder of this Bylaw will be deemed to
have been enacted and adopted without the invalid and severed section, subsection or clause.
61.
REPEAL
The Regulate Burning within the Village of Midway, Bylaw No. 381 - Burning Bylaw is hereby
repealed.
READ A FIRST TIME this
16th
day of
June
, 2014
READ A SECOND TIME this
16th
day of
June
, 2014
READ A THIRD TIME this
16th
day of
June
, 2014
Rescind Third Reading of Bylaw No. 451 given June 16, 2014
Reintroduced and READ A THIRD TIME as amended this 27th
day of June , 2014
ADOPTED this
30th
day of
June
, 2014
_________________________________________
_____________________________________
Mayor
Chief Administrative Officer