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Village of Montrose
Fire Prevention Bylaw #786
1
THE CORPORATION OF THE VILLAGE OF MONTROSE
BYLAW #786
A BYLAW TO PROVIDE FOR THE PREVENTION OF FIRE AND THE
PROTECTION OF PERSONS AND PROPERTY IN THE VILLAGE OF MONTROSE
WHEREAS the Community Charter authorizes the Village of Montrose, for the
health, safety or protection of persons and property to regulate municipal services
and fires by bylaw;
NOW THEREFORE, the Council of the Village of Montrose, in open meeting
assembled ENACTS AS FOLLOWS:
1.
SHORT TITLE
This bylaw may be cited as "The Village of Montrose Fire Prevention Bylaw # 786,
2024.
2.
DEFINITIONS
For the purposes of this bylaw, the following words and expressions are defined:
"Act" means the British Columbia Fire Services Act,
"Ban" means a general prohibition declared by the Fire Chief of such duration as
may be deemed advisable by the Fire Chief.
"Bylaw Officer" means any person appointed by the Council as a Bylaw Officer.
"Barbeque" means a cooking device intended for outdoor use and with the source
of heat being electricity, natural gas, propane gas, or commercial charcoal.
"Council" means the Council of the Village of Montrose.
"Fire Services" means the Kootenay Boundary Regional Fire Rescue (KBRFR).
"Fire Service Officer" means any person who is designated by the Kootenay
Boundary Regional Fire Rescue Chief to enforce, apply or carry out duties as
required by this bylaw.
"Hazardous Materials" means any material defined as prohibited by the province
of BC Ministry of Environment.
"Open Burning" means burning of any material that is carried out:
i)
In a manner other than using a device that allows controlled
combustion; or
ii)
In any manner without a stack or chimney to vent the emitted
products of combustion to the atmosphere.
"Residential Campfire" means the burning of clean wood, for the purpose of
cooking food, in a fire pit having a diameter of no greater than 0.5 m, with an
immediate source of water for extinguishing nearby.
"Village" means the Village of Montrose.
"Yard Waste" means any materials from a yard including but not limited to, tree
cuttings, branches and leaves that does not classify as clean firewood.
Village of Montrose
Fire Prevention Bylaw #786
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3.
OPEN BURNING
(1)
No person shall engage in Open Burning. For certainty, yard waste
burning is prohibited.
(2)
Any fire started shall be extinguished by the property owners or
occupiers upon the request of the Fire Service Officer, Bylaw Officer or
their designates.
(3)
If an order under subsection (2) is disobeyed, the Fire Service may
extinguish the open fire at the expense of the person responsible for
the prohibited fire and the Village may recover the expense for that
person in the same manner as municipal property taxes in accordance
with the Local Government Act.
4.
RESIDENTIAL CAMPFIRE
(1)
All persons who wish to have a residential campfire within the Village
are required to complete and purchase a Residential Campfire Permit
yearly (January 1st to December 31st) at a cost of fifteen dollars
($15.00) from the Village Municipal office prior to having a campfire and
which permit must be displayed at the residential campfire site.
(2)
The completed Residential Campfire Permit must include a photograph
of the fire pit and all persons completing the permit must certify by
signature that they are in full understanding of the requirements under
this bylaw and that they must comply with the Province of British
Columbia burning regulations.
(3)
A residential campfire must meet the following requirements:
(a) May only be started and maintained in a fire pit which must have
a diameter that is no larger than 0.5 m;
(b) Must be located at least four meters from trees, shrubs,
structures and debris;
(c) Must be located in the backyard of the property;
(d) Must not be started when the location of the fire is experiencing
periods of wind; if already lit, the fire should be extinguished
during periods of extended wind;
(e) Must always be attended;
(f) A functioning, serviced water hose or bucket of at least 8 liters of
water, and/or hand tool (such as a shovel) must be made
immediately available to extinguish the fire;
(g) the residential campfire must be completely extinguished before
retiring from the fire or leaving the area for any amount of time;
(h) All fires must be extinguished by dousing the fire and surrounding
area with water, until no embers remain, and the ashes are cold
to the touch; and
(i) Only clean firewood can be used in the campfire. No prohibited
or hazardous materials as defined by the Province of BC Ministry
of Environment, including but not limited to yard waste, branches,
leaves, garbage and construction materials.
(4)
All persons must refer to the British Columbia Wildfire Services,
Southeast Fire Centre's (Kootenay Boundary Region) current fire ban
and restriction guidelines before the creation of a campfire, to receive
current information on fire regulations within the Village.
(5)
Every person who causes an incident attributed to the improper use of
a residential campfire or fails to comply with the provisions of this bylaw,
including Schedules "C", shall be liable, upon conviction, to a fine set
out in Schedule "A" attached hereto, and the Village of Montrose may
recover any expenses occurred from that person in the same manner as
municipal property taxes in accordance with the Community Charter.
Village of Montrose
Fire Prevention Bylaw #786
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BARBEQUES
5.
(1) The use of a Barbeque in an open yard space shall be permitted unless a
Ban has been proclaimed by the Fire Chief.
(2) The use of a Barbeque on a deck, verandah, or patio shall be permitted at
all times.
6.
RESCINDING OF PERMITS
(1)
The Fire Service Officer, Bylaw Officers, employees or agents of the
Village, may rescind or suspend any Permit issued under this bylaw if;
(a) A fire ban is in effect;
(b) The Permit holder breaches or violates any provisions within this
bylaw;
(c) It is determined by the Fire Service Officer, Bylaw Officer,
employees or agents of the Village that the Permit holder may
have
submitted
an
application
with
inaccurate
or
false
information.
(d) The Village reserves the right to cancel the permit for any reason
if it is deemed to be in Village's interest to do so.
7.
RIGHT OF ENTRY
(1)
Fire Services, employees, or agents of the Village may enter at all
reasonable times, any property that is subject to the requirements or
regulations of this bylaw, to ascertain whether the regulations or
provisions made under this bylaw are in compliance.
(2)
Fire Services is authorized to order a fire to be extinguished.
(3)
No person shall obstruct or prevent the Fire Services, employees, or
agents of the Village from conducting an inspection under this bylaw.
(4)
All persons shall maintain private roadways, access roads, fire lanes and
yards for Fire Services and Emergency vehicle access in conformance
with the British Columbia Fire Code.
8.
ENFORCEMENT
(1)
A person who contravenes any provision of this Bylaw may be subject to
prosecution under the Offence Act and be liable, upon conviction, to a
fine as set out in Schedule "A" attached hereto, and the Village may
recover any expenses occurred as a result of the noncompliance from
that person in the same manner as the municipal property taxes in
accordance with the Community Charter.
9.
SCHEDULES
(1)
The following schedules are attached to and form part of this bylaw and
are enforceable in the same manner as this bylaw:
Schedule "A" - Fines
Schedule "B" - Fees-Residential Campfire Permit
Schedule "C" - Residential Campfire Permit
Village of Montrose
Fire Prevention Bylaw #786
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ENACTMENT
10. (1) If any section, subsection, sentence, clause or phrase of this Bylaw is for
any reason held to be invalid by the decision of any court of competent
jurisdiction, the invalid portion shall be severed and the part that is invalid
shall not affect the validity of the remainder.
(2) This Bylaw shall come into full force and effect on final adoption.
(3) Bylaws #619 and #624 are hereby repealed.
Read a First, Second and Third time this 4th day of November 2024
READ A FIRST TIME
this 4th day of November, 2024
READ A SECOND TIME
this 4th day of November, 2024
READ A THIRD TIME
this 4th day of November, 2024
RECONSIDERED AND FINALLY ADOPTED
this 18th day of November, 2024
_________________________
_________________________
Mayor
Corporate Officer
Certified a true copy of Bylaw #786 as adopted
________________________
Corporate Officer
Village of Montrose
Fire Prevention Bylaw #786
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SCHEDULE "A" FINES
Offence
Section
Amount
Open Burning Without a Residential Campfire Permit
4(1)
$500.00
Failure to follow terms and conditions of Residential Campfire Permit 4(5)
$250.00
Failure to maintain private roadways, access roads, fire lanes, yards
for Fire Services and Emergency vehicle access
7(4)
$500.00
SCHEDULE "B" - FEES: RESIDENTIAL CAMPFIRE PERMIT
Permit
Section
Amount
Residential Campfire Permit
4(1)
$15.00
Village of Montrose
Fire Prevention Bylaw #786
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SCHEDULE "C"-RESIDENTIAL CAMPFIRE PERMIT
RESIDENTIAL CAMPFIRE PERMIT
Name of Property Owner(s):
Civic Address:
Phone Number:
Email Address:
Application Date:
(Permit Valid from this date until December 31 of the same year and may be cancelled by Kootenay
Boundary Regional Fire Rescue or the Village of Montrose.)
PERMIT CONDITIONS:
By agreeing to these conditions and registering your residential property, you, the permit
holder, acknowledge that you have read, understood, and will abide by the rules and
regulations of this permit.
✓ Campfires must take place at the property listed on the permit application and sited as
per the originally inspected campfire location on that property
✓ Campfires must be no larger than 0.5 m in diameter.
✓ Fuel used for the campfire can be stacked to a height that does not exceed 0.5 meters.
The flame from the fuel should not exceed 0.5 meters above the stacked fuel.
✓ The fire pit must be four meters away from trees, shrubs, structures, and debris.
✓ Remove all leaves, twigs, and other flammable material from the area around the
campfire.
✓ Never have a fire when it is windy.
✓ A campfire must always be attended.
✓ Keep a water connected hose or a bucket of at least eight litres of water always close by
the fire, and/or a hand tool (such as a shovel) to extinguish the fire properly.
✓ Completely extinguish the campfire before you go to sleep or leave the area for any
period.
✓ To extinguish your campfire, pour significant amounts water on the fire and surrounding
area, dousing the site of the campfire thoroughly. Stir the campfire and pour additional
water until there are no embers and the ashes are cold to the touch.
✓ This permit may be cancelled by Kootenay Boundary Regional Fire Rescue or the Village of
Montrose staff or Bylaw Enforcement Officer at any time. A cancelled permit cannot be
renewed.
✓ Only clean firewood may be used for burning in a campfire. No prohibited or hazardous
materials as described by provincial legislation may be burned, including, but not limited to
yard waste, branches, leaves, garbage, construction materials or any other materials which
produce heavy black smoke (see full list here:
https://www2.gov.bc.ca/gov/content/environment/air-land-water/air/air-pollution/smoke-
burning/burning-outdoors)
✓ The permit holder must have an adult (19 yrs. or older) in attendance until the fire is
completely extinguished and such adult is responsible for damages caused by the fire to any
other person(s) or property.
✓ The permit holder is responsible for ensuring the campfire is continuously supervised and
controlled by a competent adult equipped with and knowledgeable in the use of
extinguishing equipment and materials.
✓ A copy of this permit must be available for viewing by a member of the Kootenay
Boundary Regional Fire Rescue or Village of Montrose Bylaw Enforcement Officer on request.
PLEASE BE ADVISED:
IF AND WHEN AN OPEN FIRE BAN IS ISSUED BY THE BC WILDFIRE SERVICE, SOUTHEAST
FIRE CENTRE YOUR CAMPFIRE PERMIT IS VOIDED AND WILL BE REACTIVATED AFTER THE
BAN IS LIFTED. IT IS THE SOLE RESPONSIBILITY OF THE PERMIT HOLDER TO COMPLY
WITH A FIRE BAN. FAILURE TO COMPLY WITH THIS PROHIBITION AND RESTRICTIONS MAY
RESULT IN A FINE FOR EACH INDIVIDUAL ON SCENE
Village of Montrose
Fire Prevention Bylaw #786
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(https://www2.gov.bc.ca/gov/content/safety/wildfire-status/about-
bcws/governance/legislation-regulations/summary-of-fines)
Signature of Permit Holder:
Date Permit Issued: _____________________ Permit Number: ________________
FIRE CHIEF USE ONLY:
Approved YES NO
Signature of Fire Chief:
OFFICE USE ONLY:
Signature of Village Representative:
Photograph of fire pit
$15.00 permit fee paid