Fire Regulation and Prevention Bylaw No. 3268, 2014 - Fireworks provisions
Nelson, British Columbia
· adopted 2014-08-11
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SUMMARY:
The Fire Regulation and Prevention Bylaw is a bylaw to regulate fire protection and prevention in
the City of Nelson.
This bylaw is a "consolidated" version and includes amendments up to the date listed in the bylaw
heading. It is placed 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 Administration
office at City Hall. Plans pictures, other graphics or text in the legal version may be missing or
altered in this electronic version.
The Corporation of the City of Nelson
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Fire Regulation and Prevention Bylaw No. 3268, 2014
THE CORPORATION OF THE CITY OF NELSON
*Revised on June 7, 2016*
BYLAW NO. 3268
Consolidated for convenience to include Bylaw No.: 3339
BEING A BYLAW TO REGULATE FIRE PREVENTION AND PROTECTION
WITHIN THE CITY OF NELSON
______________________________________________________________________________
Table of Contents
Page No.
1.
Definitions
3
2.
Adoption of Fire Code
9
3.
Fire Service
9
4.
Conduct of Persons
12
5.
Fire Prevention Regulations
14
6.
Inspection of Premises
18
7.
Fire Protection Equipment Inspections
20
8.
Reference and Contact Requirements
21
9.
Fire and Emergency Service Access Requirements
22
10.
Fire and Sprinkler Alarms
23
11.
Fire Hydrants
23
12.
Fireworks
25
13.
Smoke Alarm Installation and Maintenance
27
14.
Incident Cost Recovery
27
15.
Enforcement and Penalties
29
16.
Repeals
29
17.
Severability
29
18.
Citation
30
19.
Effective Date
30
The Corporation of the City of Nelson
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Fire Regulation and Prevention Bylaw No. 3268, 2014
THE CORPORATION OF THE CITY OF NELSON
Fire Regulation and Prevention Bylaw No. 3268, 2014
WHEREAS the Council of the Corporation of the City of Nelson considers it
desirable and expedient to maintain fire protection services for the City and to make
regulations for fire prevention and protection of persons and property;
NOW THEREFORE, in open meeting assembled, the Council of the City of
Nelson enacts as follows:
1.0
DEFINITIONS
1.1
In this Bylaw, unless the context otherwise requires:
"Alarm" means giving, reporting, signalling or transmitting to the Nelson Fire
Rescue Service , either directly or indirectly to a public fire hall, dispatch or
company, whether by telephone, spoken word or otherwise, information to
the effect that a fire, explosion or other situation presenting a danger or
possible danger to life or property has occurred or is imminent at or near the
place indicated by the person giving, reporting, signalling or transmitting such
information;
"Alarm System"
means any mechanical, electrical, or electronic device,
system, or equipment, whether monitored or not, that is designed to issue a
warning of fire or signal any situation to which the Nelson Fire Rescue
Service would or could reasonably be expected to respond, by activating an
audible alarm signal or alerting a monitoring facility, but excludes a Smoke
Alarm, system, device or equipment that:
a)
registers a signal that is not audible, visible or otherwise perceptible
outside of the Building in which it is contained, or
b)
is installed in a motor vehicle or motor home as those terms are
defined in the Motor Vehicle Act; or
c)
is a personal panic, hold-up and financial institution alarm;
"Assistance Response" means aid provided in the respect of fires, floods,
earthquakes or other natural disasters, explosions, medical assistance as
first responders in support of the BC Ambulance Service; escape of
Dangerous Goods; rail, air or marine Incidents; motor vehicle or other
accidents; and circumstances necessitating rescue efforts;
"Building" means any structure used or intended for supporting or
sheltering any use or Occupancy;
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Fire Regulation and Prevention Bylaw No. 3268, 2014
"Building Code"
means the Provincial building code and other regulations
enacted under section 692 (1) of the Local Government Act
"Bylaw Enforcement Officer" means:
a)
a Member;
b)
a municipal constable, special municipal constable, officer and the
chief constable appointed to the Nelson Police Department pursuant
to the Police Act;
c)
a local assistant to the fire commissioner pursuant to the Fire
Services Act; and
d)
a person appointed by Council as a licensing inspector, building
inspector or animal control officer;
"Bylaw Notice" means a ticket issued under the Bylaw Notice Enforcement
Bylaw;
"Bylaw Notice Enforcement Bylaw" means the City's Bylaw Notice
Enforcement Bylaw as amended or replaced from time to time;
"Campfire" means a contained fire that is no greater than 0.5 meters
(1.5 ft.) in diameter and 0.5 meters (1.5 ft.) in height, set for the purposes of
cooking, warmth or enjoyment
"City" means the Corporation of the City of Nelson;
"City Manager" means the person appointed by Council as the Chief
Administrative Officer of the City or the deputy, Assistant City Manager or
Acting City Manager appointed or designated to act on his or her behalf;
"Combustibles" means anything that is ignitable and liable to burn and
includes combustible construction, combustible dusts, combustible fibre and
combustible liquids as defined in the Fire Code;
"Contact Persons" means persons other than an Owner or Occupier of
Premises with an Alarm System who are available to attend, enter and
secure the Premises;
"Council" means the duly elected Council for the Corporation of the City of
Nelson;
"Costs" means all Costs associated with the services provided by Nelson
Fire Rescue Service as defined in the Fees and Charges Bylaw;
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Fire Regulation and Prevention Bylaw No. 3268, 2014
"Dangerous Goods" means any product, substance or organism that meets
the definition of 'dangerous goods' under either the Transportation of
Dangerous Goods Act (Canada) or the Transport of Dangerous Goods Act
(British Columbia);
"Director of Public Works and Utilities" means the person appointed as
such by Council, and any person appointed or designated by the Director of
Public Works and Utilities to act on his or her behalf;
"Dwelling Unit" means a Suite used or intended to be used as a
housekeeping unit and usually containing cooking, eating, living, sleeping
and sanitary facilities;
"False Alarm" means an Alarm, including the activation of an Alarm System,
that necessitates a response by the Nelson Fire Rescue Services where no
fire, explosion or other situation presenting a danger or possible danger to
life or property has occurred or is Imminent;
" Fees and Charges Bylaw" means the City's Fees and Charges Bylaw as
amended or replaced from time to time;
"Fire Chief" means the person appointed from time to time by the City
Manager as the Fire Chief for the City and any Officer appointed or
designated by the Fire Chief to act on his or her behalf;
"Fire Code" means the British Columbia Fire Code Regulation enacted
under the Fire Services Act;
"Fireworks Permit" means a permit issued pursuant to this Bylaw;
"Fire Protection means all aspects of fire safety, prevention, firefighting,
planning, training, suppression, investigation and the protection of life and
property including, but not limited to, rescue operations and administering
first aid;
"Fire Protection Equipment" includes, but is not limited to, an Alarm
System, automatic sprinkler system, special extinguishing system, portable
extinguisher, water supply for fire protection, standpipe and hose systems,
fixed pipe fire protection system in commercial kitchen exhaust systems,
smoke control measures, emergency power installations and any other fire or
life safety system that may exist or be installed within any Premises;
"Fire Protection Technician" means a person who has provided the Fire
Department with acceptable documentation from the agency known as the
Applied Science Technologist and Technicians of British Columbia that
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Fire Regulation and Prevention Bylaw No. 3268, 2014
qualifies him or her to perform inspections and testing on Fire Protection
Equipment;
"Fire Safety Plan" means a set of emergency procedures and guidelines to
be followed in the event of a fire in a Building;
"Fire Service Area" means the area within the boundaries of the City except
for the boundary expansion area that was added to the City of Nelson by
Supplementary Letters Patent dated June 19, 2003;
"Fireworks" means any substance or thing that is made, manufactured or
used to produce an explosion, detonation or pyrotechnic effect and includes
any substance or thing that falls within the definition of 'fireworks' under the
Explosives Act (Canada), the Fireworks Act (British Columbia) or attendant
regulations, but excludes caps for toy products, Christmas crackers,
sparklers and model rocket engines;
"Fireworks Safety Plan" means a site plan for any Premises where a
person proposes to use Fireworks that is drawn to scale with the direction of
the proposed discharge of Fireworks, all applicable separation distances, a
North arrow, and any and all significant ground features, Buildings,
structures, overhead obstructions, parking areas, spectator viewing areas
and fallout zones indicated thereon and, in the case of an application for High
Hazard or Movie/TV Pyrotechnics, must indicate the position of all ramps,
mortars and emergency vehicles;
"Fireworks Supervisor" means person certified to use High-Hazard
Fireworks under the Explosives Regulations (Canada);
"First Responders" means one or more of the following service providers
who may attend at an Incident with or under the supervision of the Fire Chief:
a)
Nelson Police Department;
b)
City Public Works;
c)
BC Ambulance;
d)
Royal Canadian Mounted Police;
e)
Ministry of Transportation
and may also include contractors of heavy equipment and any other technical
specialist the Fire Chief may deem necessary or desirable to address an
Incident;
"High Hazard Fireworks" means 'high hazard fireworks' as defined under
the Explosives Regulations (Canada);
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Fire Regulation and Prevention Bylaw No. 3268, 2014
"Incident" means an event or situation to which the Nelson Fire Rescue
Service has responded or would normally respond;
"Institutional Occupancy" means the Occupancy or use of a Building or
part thereof by persons who require special care or treatment because of
age, mental or physical limitations or who are involuntarily detained or who
are detained for penal or correctional purposes or whose liberty is restricted;
"Low Hazard Fireworks" means 'low hazard fireworks' as defined under the
Explosives Regulations made under the Explosives Regulations (Canada);
"Member" means any person who is an employee or a volunteer of Nelson
Fire Rescue Service;
"Member in Charge" means the Member in charge at an Incident;
"Movie/TV Pyrotechnics" means any Fireworks utilized at a movie or
television production;
"Nelson Fire Rescue Service" means the regularly constituted fire
department of the City known as Nelson Fire Rescue Service;
"NFPA" means the National Fire Protection Association;
"Non-Resident" means a person who does not:
a)
own or lease Premises;
b)
reside
within the Fire Service Area;
"Occupancy" means the use or intended use of a Building or part thereof for
the shelter or support of persons, animals or property;
"Occupant" includes an Owner, lessee, tenant, licensee and any other
person who occupies or who has rights of access to and control of a Building
or other Premises;
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Fire Regulation and Prevention Bylaw No. 3268, 2014
"Officer" means any of the following Members of Nelson Fire Rescue
Service:
a)
the Fire Chief;
b)
a deputy Fire Chief;
c)
an assistant Fire Chief;
d)
a captain;
e)
any Member acting in the capacity or designated by the Fire Chief as
an Officer;
"Outdoor Solid-Fuel- Combustion Appliance" means an outdoor wood
burning appliance or a solid fuel burning appliance, which is used for the
space heating of Buildings, the heating of water or other such purpose and
which is located in a separate Building or on the exterior of the Building
which it serves;
"Owner" means a person who has ownership or control of real property or
personal property including, but not limited to:
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)
owner as defined in the Community Charter; and
f)
includes an authorized agent .
"Premises" means land, including enclosed land, foreshore and land
covered by water, and anything on the land including
a)
a building or other permanent structure;
b)
a ship or vessel, train, railway car or vehicle, except while in operation;
and
c)
a trailer or
d)
a portable structure designed or used as a residence, for shelter or to
house a business
"Shipping Container" means a container designed for storing and
transporting cargo via rail or truck, whether or not it is actually being used for
such a purpose;
"Smoke Alarm" means a combined smoke detector and audible alarm
device designed to sound an alarm within the room or suite in which it is
located upon the detection of smoke within that room or Suite;
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Fire Regulation and Prevention Bylaw No. 3268, 2014
"Special Event" means a community, cultural or ceremonial event or
celebration;
"Suite" means a single room or series of rooms or complementary use
occupied under a single tenancy and includes individual guestroom in
motels, hotels, boarding houses, rooming houses, dormitories and bed and
breakfasts;
"Woody Debris" means refuse that comprises clean, unstained and
untreated wood resulting from land clearing that has been allowed to dry for
at least one (1) year and that is not readily composted including prunings of
over 1 metre in length or 5 centimetres in circumference, branches, tree
trunks and stumps;
"Yard Waste" means refuse that comprises vegetative matter resulting
from gardening, landscaping or land clearing that is capable of being
composted including grass and hedge clippings, leaves, grass, flowers,
vegetable stalks, herbaceous waste, fruit and vegetable waste and prunings
up to 1 metre in length and 5 centimetres in circumference;
2.0
ADOPTION OF FIRE CODE
The Fire Code is hereby adopted and made part of this Bylaw and is
applicable within the City.
3.0
FIRE SERVICE
Continuation
Nelson Fire Rescue Service is hereby continued for the purpose of providing,
within the Fire Service Area, the Fire Protection, Assistance Response and
Central Alarm Monitoring services contemplated under this Bylaw.
Management and Control
3.1
The Fire Chief is the head of the Nelson Fire Rescue Service and reports to
the City Manager.
3.2
The Fire Chief is responsible for the management, control and supervision of
the Nelson Fire Rescue Service, all Members and the care, custody and
control of all real and personal property of the Nelson Fire Rescue Service
including Buildings, apparatus, vehicles and equipment.
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Fire Regulation and Prevention Bylaw No. 3268, 2014
Fire Chief Powers
3.3
The Fire Chief, and any person acting under the authority of the Fire Chief,
is hereby authorized to:
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, at all times of the day or night, without notice or
complaint;
b)
take all measures they deem necessary to prevent, inspect,
investigate, suppress, control and extinguish fires and to protect life
and property;
c)
require an Owner or Occupant of real property to undertake any
actions as may be directed by the Fire Chief or Member for the
purpose of removing or reducing anything or condition that the Fire
Chief or Member considers is a fire hazard or increases the danger of
fire;
d)
enforce the Fire Code and any applicable City bylaws and regulations,
including this Bylaw, for the purpose of Fire Protection; and
e)
exercise all of the powers granted to the City under the Fire Services
Act including all powers of the Fire Commissioner under section 25 of
the Fire Services Act.
Limits of Jurisdiction
3.4
Nelson Fire Rescue Service may not provide services outside the Fire
Service Area and no apparatus, vehicles or equipment of the Nelson Fire
Rescue Service may be used outside the Fire Service Area unless
specifically directed by Council resolution or authorized by an express written
agreement.
Policies and Operational Guidelines
3.5
The Fire Chief may from time to time make policies and operational
guidelines for the proper and efficient administration and operation of the
Nelson Fire Rescue Service and the Fire Chief may vary, alter, or repeal
such policies and operational guidelines.
Costs, Fees and Charges
3.6
The Fire Chief is authorized to charge and recover Costs in respect of:
a)
all or part of the services contemplated under this Bylaw;
b)
the use of City property; and
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Fire Regulation and Prevention Bylaw No. 3268, 2014
c)
the exercise of authority under this Bylaw to regulate, prohibit and
impose requirements as prescribed in the Fees and Charges Bylaw
and any person so charged, must pay the applicable fee to the City.
3.7
Without limiting the generality of section 3.6, the Fire Chief is authorized to
charge fees and recover Costs as prescribed in the Fees and Charges Bylaw
from the Owner of Occupant of Premises where the Nelson Fire Rescue
Service attends Premises and provides Fire Protection services:
a)
as a condition of a permit issued under this Bylaw;
b)
due to the burning of any material without a required permit;
c)
to suppress burning conducted under a permit or that is otherwise
authorized;
d)
to remove Combustibles;
and the Owner or Occupant so charged, must pay the applicable fee to the
City.
Demolition of Buildings
3.8
The Fire Chief, an Officer or the Member in Charge may order the demolition
of any Building or part of a Building which, in the judgment of the person
making the order, should be demolished to prevent:
a)
the spread of fire;
b)
damage to property;
c)
injury to persons; or
d)
loss of life.
Commandeering of Equipment
3.9
The Fire Chief, an Officer or the Member in Charge may commandeer any
personnel and privately owned equipment that the Fire Chief, Officer or
Member in Charge considers necessary to deal with an Incident and the
Owner or Occupant of Premises where the Incident originated must pay any
Costs, expenses and charges that the City may incur with respect to such
personnel and equipment.
Contamination and Replacement of Equipment
3.10 The Owner or Occupant of any Premises where an Incident originated, must
pay any Costs, expenses and charges that the City may incur to
decontaminate, repair or replace any vehicle, equipment or other property
that was contaminated, damaged or destroyed as a result of the Incident.
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Fire Regulation and Prevention Bylaw No. 3268, 2014
Fire Protection, File Searches and Site Inspections
3.11 Any person requesting Nelson Fire and Rescue undertake a file search with
respect to site inspections, outstanding Fire Code violations or other
infractions other related information, must pay the applicable fees set out in
the Fees and Charges Bylaw.
Rendering Service to a Non-Resident
3.12 A Non-Resident who causes or contributes to an Incident to which the Nelson
Fire and Rescue Service or any First Responder attends and provides any
Fire Protection service must pay the applicable fees set out in the Fees and
Charges Bylaw.
Fire Investigation Fee Cost Recovery
3.13 The Owner or Occupant of any Premises must pay the applicable fees set
out in the Fees and Charges Bylaw where:
a)
an Incident occurred, resulting in damage in excess of $5,000; and
b)
the Fire Chief completes a Fire Investigation and Fire Investigation
report in accordance with the Fire Services Act.
Fire Damaged and Vacant Buildings
3.14 The Owner or Occupant of any Premises that:
a)
have been damaged due to an Incident; or
b)
are vacant for any reason
must immediately secure the Premises, to the satisfaction of the Fire Chief,
to prevent the entry of unauthorized persons at all times by ensuring the
Premises are guarded and by ensuring that all openings and points of entry
into the Premises are kept securely closed and fastened.
3.15 If an Owner or Occupant fails to secure the Premises as set out in subsection
3.14, then the Fire Chief may cause or direct the work to secure the
Premises to be carried out at the cost, expense and charge of the Owner or
Occupant.
4
CONDUCT OF PERSON(S)
Hindrance
4.1
No person shall obstruct, impede or hinder neither a Member nor any other
person in the execution of their duties under this Bylaw.
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Fire Regulation and Prevention Bylaw No. 3268, 2014
4.2
Without limiting the generality of section 4.1, no person shall refuse to permit
a Member nor any other person in the execution of their duties under this
Bylaw from entering into or upon any Premises:
a)
to inspect such Premises pursuant to this bylaw;
b)
to respond to an Alarm; or
c)
if the Member has reasonable grounds to believe that an Incident has
occurred or may occur.
Provision of Information
4.3
Every Owner or Occupant of a Premise or any other person having
knowledge of the Premises must, on request, provide all information and
render all assistance required by the Fire Chief in connection with the
inspection of such Premises pursuant to this Bylaw, the Fire Code and the
Fire Services Act.
False Information
4.4
No person shall withhold or falsify any information requested by the Fire
Chief in connection with a permit issued or applied for under this Bylaw.
Prohibition of Entry
4.5
Except as authorized by the Fire Chief or other Member, no person shall:
a)
enter any Premises threatened by an Incident;
b)
enter within an area, including any street, lane, alley or sidewalk, or
Premises, designated by an order, ropes, guards or tape erected by or
under the direction of a Peace Officer or a Member; or
c)
refuse to move from an area designated under subsection (b) when
directed to do so by a Peace Officer or a Member.
False Representation
4.6
No person shall falsely represent himself as a Member or wear or display any
Nelson Fire Rescue Service badge, cap, button, insignia or other
paraphernalia for the purpose of such false representation.
Nelson Fire Rescue Service Equipment
4.7
No person shall damage, destroy, obstruct, impede or hinder the operation or
use of any vehicles, equipment or property of the Nelson Fire Rescue
Service.
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Fire Regulation and Prevention Bylaw No. 3268, 2014
Nelson Fire Rescue Service Access
4.8
No person shall obstruct or otherwise interfere with access roads or other
approaches, whether highway or private road, to any Incident, fire hydrant,
cistern or body of water that may be designated or required for firefighting
purposes.
Fire Fighting Safety Systems and Equipment
4.9
No person shall tamper, obstruct, disengage, fail to maintain or repair,
damage or interfere with an emergency exit, fire extinguisher, Alarm System
or Fire Protection Equipment.
False Alarm
4.10 No person shall make or cause to be made a False Alarm.
5
FIRE PREVENTION REGULATIONS
Fires in Public Places
5.1
Except an Officer or Member or an employee of the City acting in the course
of their employment, no person shall make or light any fire in any highway,
street, lane, square, park or other public place within the City, unless
authorized to do so by the Fire Chief.
Discarding Burning Substances
5.2
No person shall discard, throw down or drop any lighted match, cigar,
cigarette or other burning or smouldering substance into or close to any
Combustibles.
Accumulation of Combustibles
5.3
No person shall permit any accumulation of Combustibles upon any
Premises which, in the opinion of the Fire Chief, are liable to catch fire and
endanger property. Without limiting the generality of the foregoing, an Owner
or Occupant must:
a)
cut down and remove from the Premises all growth that is liable to
catch fire and endanger life or property;
b)
remove all recycling, waste and rubbish from the Premises; and in the
event a person fails to comply with this section, the Fire Chief may
cause or direct the work to remove the Combustibles to be carried out
at the cost, expense and charge of the Owner or Occupant.
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Fire Regulation and Prevention Bylaw No. 3268, 2014
Application for, Refusal and Suspension of Permits
5.4
Every application for a permit under this Bylaw, including a Fireworks Permit,
must be made to the Fire Chief at 919 Ward Street, Nelson, British Columbia
and must be accompanied by the applicable fee under the Fees and Charges
Bylaw.
5.5
The Fire Chief may, subject to the conditions, restrictions or provisions of this
Bylaw, consider it necessary or expedient for Fire Protection to:
a)
grant a permit under this Bylaw; or
b)
refuse to issue a permit under this Bylaw; or
c)
suspend or revoke a permit under this Bylaw where the Fire Chief
determines that the permit holder has contravened any provision of
the permit, this Bylaw, the Fire Services Act, the Fire Code or any
other enactment.
Prohibition and Exceptions for Open Air Burning
5.6
No person shall light, ignite, start or burn any fire in the open air, whether or
not in a portable incinerator, outdoor fireplace, Outdoor Solid-Fuel-
Combustion Appliance or other portable appliance or device, for any purpose
without a permit under this Bylaw, except for the following:
a)
a barbecue, whether fuelled by charcoal, natural gas or propane gas,
contained within a barbecue for the sole purpose of cooking food;
b)
a propane heater designed for outdoor use;
c)
Members or other persons acting under and in accordance with the
instruction and supervision of Nelson Fire Rescue Service may light,
ignite, start or burn Buildings, structures and other materials for the
purpose of Fire Protection training.
Outdoor Wood Fires
5.7
Where the Fire Chief deems it expedient to do so, the Fire Chief may issue a
permit to allow the burning of clean, dry, solid and untreated wood and
Woody Debris in the open air for the following purposes:
a)
a Campfire;
b)
a Special Event;
c)
an outdoor public function for post-secondary education and trade
demonstrations;
d)
cooking
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Fire Regulation and Prevention Bylaw No. 3268, 2014
5.8
Without limiting the generality of section 5.7, where the Fire Chief deems it
expedient Outdoor Wood Fires may be approved subject to the following
conditions:
a)
a competent person:
i.
must be at all times present and in charge of the fire while it is
burning or smouldering;
ii.
must be provided with efficient appliances and equipment to
prevent the fire from getting beyond control or causing damage
or becoming dangerous to life or property;
iii.
must ensure that any fire is completely extinguished;
b)
no burning may be carried out within 5 metres from any forest land,
Buildings, structures or any Combustibles;
c)
accelerants, building materials and non-organic material are not
permitted and may not be burned;
d)
despite the issuance of a permit under this section, no burning may be
carried out if:
i.
it would be unsafe to do so due to climatic conditions or any
other hazard; or
ii.
if the air quality venting index is not good or is otherwise
deemed by the Ministry of Environment or Ministry of Health to
be not suitable for burning.
Special Events
5.9
Where the Fire Chief issues a permit under this Bylaw to allow a fire for the
purpose of a Special Event, the Fire Chief may require that Members must
be in attendance to provide Fire Protection services based on the Fire Chief's
discretion having regard to the level of risk in the circumstances.
Burning of Woody Debris
5.10 Where the Fire Chief deems it expedient to do so, the Fire Chief may
stipulate two optimum periods per year during which the Fire Chief may issue
a permit to an Owner or Occupant to allow the burning of Woody Debris in
the open air for the purpose of destroying such Woody Debris subject to the
following conditions:
a)
a competent person:
i.
must be at all times present and in charge of the fire while
burning or smouldering;
ii.
must be provided with efficient appliances and equipment to
prevent the fire from getting beyond control or causing damage
or becoming dangerous to life or property;
iii.
must ensure that such fire is completely extinguished;
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Fire Regulation and Prevention Bylaw No. 3268, 2014
b)
no burning may be carried out within 5 metres from any forest land,
Buildings, structures, commercial or industrial property or any
Combustibles;
c)
burning may only be carried out during the day between the hours of
8:00 a.m. and 6:00 p.m.;
d)
only clean, dry, solid and untreated wood and Woody Debris collected
or accumulated from the Owner or Occupant's land on which the
burning will take place may be burned;
e)
no pile of burning Woody Debris may exceed 1.5 metres in diameter or
1 metre in height;
f)
accelerants, building materials and non-organic material are not
permitted and may not be burned;
g)
despite the issuance of a permit, no burning may be carried out if:
i.
it would be unsafe to do so due to climatic conditions or any
other hazard; or
ii.
if the air quality venting index is not good or is otherwise
deemed by the Ministry of Environment or Ministry of Health to
be not suitable for burning; and
h)
the Owner or Occupant must provide proof of fire insurance in a form
and with content and deductible satisfactory to the Fire Chief;
Suspension of Burning
5.11 When the Fire Chief deems it expedient for the purpose of Fire Protection,
the Fire Chief may:
a)
order a total ban on burning in the open air at any time and for any
duration; and
b)
suspend, cancel or restrict for such time as the Fire Chief deems
necessary or desirable any or all permits issued under this Bylaw.
Residential Materials
5.12 No person shall burn, indoors or in the open air, any refuse that originates
from residential, light industrial, commercial, institutional, demolition or
construction sources including, without limitation, any household waste or
Yard Waste.
5.13 No person shall fuel a residential fireplace or woodstove with any material
other than clean, dry, solid and untreated wood or similar material designed
as a substitute for firewood that does not contain paint, treated wood or
adhesive materials..
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6
INSPECTION OF PREMISES
Right of Inspection
6.1
Without limiting the generality of section 3.3 of this Bylaw, the Fire Chief and
any person acting under the authority of the Fire Chief may:
a)
review the plans, and inspect the construction of, all new Buildings
and in the Fire Service Area in order to establish that Fire Protection
Equipment required under this Bylaw is available and in compliance
with all applicable regulations, codes, and standards;
b)
enter at all reasonable times upon any Premises to ascertain whether:
c)
conditions exist that may cause fire or increase the danger to persons
or property in the event of a fire;
d)
the requirements of this Bylaw are being carried out and complied
with;
e)
deal with any matter in a manner not contrary to any provision of the
Fire Services Act or Fire Code or related regulations.
Consent to Enter Commercial Properties and Private Dwellings
6.2
Pursuant to the Fire Code, for the purposes of inspecting a building or facility
for compliance with the Fire Code, the Fire Chief may
a)
Enter on or into property
i.
at a reasonable time and in a reasonable manner; and
ii.
after having taken reasonable steps to advise the owner or
occupier of the property;
b)
be accompanied and assisted by a person possessing special or
expert knowledge relevant to the building or facility;
c)
make examinations and conduct tests;
d)
require information relevant to the building or facility;
e)
require, for inspection or for the purposes of making copies or extracts;
production of documents relevant to the building or facility; and
f)
make a record of a matter relevant to the inspection.
6.3
Without limiting the generality of section 6.2 of this Bylaw; the Fire Chief may
only enter a place that is occupied as a private dwelling if the occupier
consents. Authority to enter on or into private property is in accordance with
the Community Charter and where consent is not provided, the Fire Chief
may give the occupier at least 24-hours written notice of the entry and
reasons for it.
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Remedial Orders and Public Safety Related Orders
6.5
The Fire Chief may issue an order in writing to an Owner or Occupant to
require the correction or removal of any condition or thing in or about any
Premises that:
a)
contravenes this Bylaw or the Fire Code;
b)
may increase the hazard of fire or danger to life, property or public
safety;
c)
constitutes a fire hazard under the Fire Services Act
and the Owner or Occupant must carry out every requirement of such order.
Service of Orders
6.6
An order made under section 6.4 may be served by:
a)
delivering it or causing it to be delivered to the person to whom it is
directed;
b)
sending the order by registered mail to the last known address of the
Owner or Occupant of the Premises; or
c)
posting a copy of the order in a conspicuous place at the Premises
and if an order has been so posted, no person may remove, deface or
destroy the order.
Dating of Orders
6.7
In making an order under this Bylaw, the Fire Chief may state a date by
which the order must be carried out, having regard to the level of risk and the
degree of urgency in the circumstances.
Failure to Comply with Order
6.8
If a person fails to comply with an order issued under this Bylaw, the Fire
Chief may cause or direct such work as the Fire Chief deems necessary to
address the requirements of the order at the cost, expense and charge of the
Owner or Occupant.
Shipping Container Inspections
6.9
Without limiting the generality of section 3.3 of this Bylaw, the Fire Chief and
any person acting under the authority of the Fire Chief, may inspect any
Shipping Containers located the Fire Service Area. Such shipping containers
a)
are deemed to be a Building for the purposes of this Bylaw; and
b)
must comply with this Bylaw, the Building Code and the Fire Code.
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Fire Regulation and Prevention Bylaw No. 3268, 2014
6.10 Without limiting the generality of section 6.6 if a person fails to comply with
an order issued with respect to a Shipping Container, the Fire Chief may
cause or direct the immediate removal of such Shipping Container, including
its contents, from the Premises until such time as the Fire Chief is satisfied
that the requirements of the order have been satisfied and any fees, Costs
and penalties charged under this Bylaw have been paid in full to the City.
Shipping Container Safety Features
6.11 Shipping Containers must have the following safety features in place prior to
any use for storage:
a)
One ventilation opening must be added within 150 mm of the floor in
the container door primarily used for opening
b)
One ventilation opening must be added within 150 mm from the top of
the container on the opposite end from the doors for cross ventilation
c)
The high ventilation opening cannot be directly venting toward a
structure
d)
Neither ventilation opening can be obstructed by stored materials at
any time and must be kept clean of internal and external debris
e)
The additional ventilation openings must be constructed based upon
the following minimums:
i.
Two - 0.3 m X 0.3 m openings for containers 6m or less
ii.
Two - 0.5 m X 0.5 m openings for containers over 6m
iii.
Both openings will be covered by open grate wire mesh with
greater than 50% free area
iv.
Higher opening will also have a wind vent device, designed to
generate a venturi effect during low wind speeds
f)
Where heavier than air flammable and combustible liquids are stored
in the container a ventilation opening at low level should also be
installed at the opposite end from the doors.
g)
Where 1A flammable liquids in quantities greater than 4 litres are
stored in the shipping container then provisions shall be made to
comply with the requirements for withstanding an internal explosion as
per the BC Fire Code, BC Building Code and NFPA 68.
h)
Alternate engineered solutions for ventilation and explosion protection
will be considered.
7.0
FIRE PROTECTION EQUIPMENT INSPECTIONS
Frequency of Fire Inspections
7.1
The Fire Chief:
a)
is directed and authorized to establish a regular system for the
inspection of hotels, public buildings and Premises containing any of
the following occupancies as defined and classified in the Fire Code:
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i.
assembly occupancies where the occupant load is greater than
60 persons;
ii.
detention occupancies;
iii.
care occupancies;
iv.
residential occupancies that contain an Alarm System;
v.
high-hazard industrial occupancies;
vi.
medium-hazard industrial occupancies;
vii.
low-hazard industry occupancies where the building area, as
defined in the Building Code, is greater than 600 m2; and
viii.
high buildings as defined in the Building Code.
b)
may establish a regular system for the inspection of all other Premises
in the Fire Service Area;
c)
may amend the frequency of inspection schedule from time to time;
and
d)
must provide one copy of the current frequency of inspection schedule
to any person who requests one.
Fire Protection Equipment
7.2
With respect to any fixed Fire Protection Equipment in any of the
occupancies listed in section 7.1, the Owner must:
a)
ensure that such Fire Protection Equipment is inspected, tested and
maintained by a Fire Protection Technician in accordance with the
Fire Code at least once a year; and
b)
ensure that the inspection, test or maintenance is recorded or the Fire
Protection Equipment is tagged or labelled in accordance with the Fire
Code; and
c)
notify the Fire Chief at any time such Fire Protection Equipment is
inoperable or taken out of service and notify the Fire Chief again when
operation or service is restored.
8.0
REFERENCE AND CONTACT REQUIREMENTS
Requirement to Designate Contact Persons
8.1
Every Owner of Premises having either an Alarm System or an automatic fire
sprinkler system, whether monitored or not, must:
a)
submit to the Nelson Fire Rescue Service on a yearly basis the
names, telephone numbers and written consent of three contact
persons;
b)
submit forthwith to the Nelson Fire Rescue Service any changes to the
name or telephone numbers of any contact person;
c)
ensure that all contact persons have full access to the Premises and
that one or more of them will be able to:
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Fire Regulation and Prevention Bylaw No. 3268, 2014
i.
in the event of an Alarm or Incident, attend the Premises within
30 minutes when requested by a Member;
ii.
in the event of an Incident involving fire, attend the Premises
and contact the Member in Charge;
iii.
take control of the Premises from the Nelson Fire Rescue
Service following any Incident.
9.0
FIRE & EMERGENCY SERVICE ACCESS REQUIREMENTS
Fire Safety Plan Requirements
9.1
Every Owner of any Building, site, storage area or other area described in
section 2.8, Emergency Planning, of the Fire Code must:
a)
provide for fire emergency procedures;
b)
prepare and submit a fire safety plan in a form acceptable to the Fire
Chief for approval by the Nelson Fire Rescue Service in accordance
with the Fire Code; and
c)
review any fire safety plan at an interval of not more than 12 months;
and
d)
submit any proposed changes to the fire safety plan for approval by
the Nelson Fire Rescue Service; or.
e)
notify the Nelson Fire Rescue Service that following review of the fire
safety plan, no changes are proposed.
Pre-Incident Plan
9.2
The Fire Chief may require, as part of a fire safety plan, that the Owner
submit a Pre-incident Plan, in a form acceptable to the Fire Chief.
9.3
The Owner must:
a)
review every Pre-Incident Plan at an interval of not more than 12
months;
b)
update the Pre-Incident Plan to address any changes in occupancy or
use; and
c)
submit any changes to the Pre-Incident Plan to the Nelson Fire
Rescue Service.
Street Addressing or Numbering
9.4
Every Owner of Premises must ensure that street addresses are displayed in
accordance with the following:
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Fire Regulation and Prevention Bylaw No. 3268, 2014
a)
the civic address assigned to each Building on that Premises by the
City must be legible and displayed in such a position as to be plainly
visible:
i.
at a distance of 15 metres; or
ii.
from any highway, street, road, fire lane, private street, or other
right of way or easement;
whichever is greater;
b)
unit numbers for Premises that contain commercial and multi-
residential occupancies must be legible and displayed in such a
position as to be plainly visible at the main entry to each unit; and
c)
unit numbers for Premises that contain multiple family units that have
an exterior entrance and share a common driveway must be legible
and displayed at the entry to the driveway.
Naming of Private Roads
9.5
Every strata corporation that is responsible for a strata subdivision
development that includes any private roads, must name and clearly display
the name of each such road to assist First Responders with identifying
Premises and responding to Incidents as a result of an Alarm or otherwise.
10.0 FIRE AND SPRINKLER ALARMS
Notification of Fire and Sprinkler Alarm Testing
10.1 Every Owner or Occupant of Premises having either an Alarm System or an
automatic fire sprinkler system, whether monitored or not, must:
a)
notify Nelson Fire Rescue Service prior to any service, test, repair,
maintenance, adjustment, alteration or installation of the system that
might activate a False Alarm to which the Nelson Fire Rescue Service
would normally respond; and
b)
upon completion of any service, test, repair, maintenance, adjustment,
alteration or installation of the system, test the system and confirm
with the Nelson Fire Rescue Service that the system has been
returned to working condition.
11.0 FIRE HYDRANTS
Clearance Around Fire Hydrants
11.1 Every Owner must ensure that any fire hydrant or standpipe that is on or
adjacent to the Owner's Premises:
a)
is maintained in accordance with the Fire Code;
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Fire Regulation and Prevention Bylaw No. 3268, 2014
b)
has a clear and unobstructed area with a radius of at least one (1)
metre around it; and
c)
is located in clear view from the roadway while being approached from
either direction.
Colour of Fire Hydrants
11.2 The connection type, colour coding and location of all fire hydrants or other
Nelson Fire and Rescue Services connections is subject to the approval of
the Fire Chief before installation.
Fire Hydrant Usage
No person other than a Member shall:
a)
use or take water from any standpipe or fire hydrant nor attach
anything to a fire hydrant or standpipe; nor
b)
mechanically open or tamper with any mechanical operation of any
fire hydrant or standpipe without first obtaining the written permission
from the Director of Public Works and Utilities.
Private Fire Hydrant Maintenance
11.3 Any private hydrant within the Fire Service Area shall be maintained
according to the Fire Code.
*BL3339 - Insertion of Sec. 11.4
11.4 All docks and boat sheds that exceed 150 feet in length used for mooring
boats install a dry piping system for firefighting purposes that is approved by
the Fire Chief.
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Fire Regulation and Prevention Bylaw No. 3268, 2014
12.
FIREWORKS
General Fireworks Prohibition
12.1 No person shall possess, transport, store or use a Firework at any time within
the City without a Fireworks Permit.
Fireworks Sales
12.2 No person may offer for sale, sell, give or trade a Firework within the City
without a Fireworks Permit.
Application for Fireworks Permit
12.3 Any person who wishes to apply for a Fireworks Permit must:
a)
either be an individual who is a minimum of 19 years of age or the
authorized representative of a business corporation, incorporated
society or other corporate entity;
b)
wish to use Fireworks for a Special Event or for Movie/TV
Pyrotechnics; and
c)
submit an application to the Fire Chief in writing on an approved form
not less than 21 days in advance of the event that is the subject of the
application.
12.4 Every Fireworks Permit application must include the following information:
a)
whether the application is in respect of Low Hazard Fireworks or High
Hazard Fireworks or both;
b)
a detailed description of the event, including purpose, date, a time
schedule, attendance estimates, list of any and all Fireworks to be
used, firing procedures, emergency response procedures and a list of
all persons responsible for said Fireworks;
c)
the address of any Premises where the Fireworks are proposed to be
possessed, transported, stored or used together with an originally
executed letter of permission from the Owner of the Premises if the
applicant is not the Owner;
d)
a Fireworks Safety Plan in a form acceptable to the Fire Chief; and
e)
proof of comprehensive general liability insurance coverage, with
$5,000,000 minimum coverage per occurrence, for the proposed use
of Fireworks, in a form and with content and deductible satisfactory to
the Fire Chief.
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Fire Regulation and Prevention Bylaw No. 3268, 2014
Additional Requirements for High Hazard Fireworks and Movie/TV
Pyrotechnics
12.5 In addition to the requirements set forth in section 12.4, an application for a
Fireworks Permit for High Hazard Fireworks or Movie/TV Pyrotechnics must
include:
a)
a copy of the Explosive Resource Division Event approval issued
pursuant to the Explosives Act for the proposed Fireworks event;
b)
traffic control plans for the Fireworks event that are acceptable to the
Fire Chief; and
c)
evidence acceptable to the Fire Chief that the applicant is qualified as
a Fireworks Supervisor.
Fire Protection for Movie/TV Pyrotechnics
12.6 Where the Fire Chief deems it expedient to do so, the Fire Chief may issue a
Fireworks Permit for the purpose of High Hazard Fireworks or Movie/TV
Pyrotechnics subject to the condition that Members must be in attendance to
provide Fire Protection services.
Use of Fireworks pursuant to a Fireworks Permit
12.7 Any person who holds a Fireworks Permit:
a)
may only possess, transport, store or use, including light, fire, set off,
discharge, detonate and explode, the Fireworks specified in the Fire
Works Permit, in accordance with the terms and conditions of the
Fireworks Permit, the application (including the Fireworks Safety Plan)
and this Bylaw and in the event of a discrepancy between the
Fireworks Permit and the corresponding application, the terms and
conditions of the Fireworks Permit shall govern;
b)
must ensure that no Fireworks are used, including lit, fired, set-off,
discharged, detonated or exploded, except under the direct
supervision and responsibility of the person named on the Fireworks
Permit; and
c)
must ensure that the possession, transportation, storage and use,
including lighting, firing, setting-off, discharge, detonation and
explosion, of Fireworks conforms in every respect to the regulations
made under the Canadian Explosives Act, the Fireworks manual as
published by the Explosives Branch of Canada, this Bylaw and any
other enactment that regulates the possession, transport, storage or
use of Fireworks.
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Fire Regulation and Prevention Bylaw No. 3268, 2014
13.
SMOKE ALARM INSTALLATION AND MAINTENANCE
Owner Responsibilities
13.1 The Owner of every Building must ensure that Smoke Alarms are installed
and maintained in accordance with the Fire Code in every Dwelling Unit and
Suite and in each sleeping room not within a Dwelling Unit, except for care,
treatment or detention occupancies that are required to have an Alarm
System under the Fire Code.
Testing of Smoke Alarm
13.2 Every Owner or Occupant must test the Smoke Alarm in compliance with the
manufacturer's recommendations, within the Dwelling Unit, Suite or sleeping
room not less than every six months to ensure that the Smoke Alarm is
functioning correctly. If an Occupant finds the Smoke Alarm is not
functioning correctly, the Occupant, if he or she is not the Owner, must inform
the Owner immediately of becoming aware of the failure and the Owner will
forthwith, or as soon as is reasonably practical, repair or replace the Smoke
Alarm.
Tampering with a Smoke Alarm
13.3 No person shall tamper with any Smoke Alarm to render it inoperative.
14.
INCIDENT COST RECOVERY
14.1 Where Nelson Fire Rescue Service responds to an Incident that is the result
of a person having:
a)
unlawfully caused damage to property by starting, fuelling or inflaming a
fire;
b)
unlawfully caused, abetted or contributed to an Incident;
c)
summoned Nelson Fire Rescue Service without reasonably believing
that a fire, a dangerous event or other emergency was occurring or
imminent; or
d)
contravened this Bylaw, or a permit or an order issued under this
Bylaw;
the person must pay the all Costs of the response by Nelson Fire Rescue
Service and any First Responders deemed necessary by the Fire Chief
which Costs shall be recovered in accordance with the City's Fees and
Charges Bylaw.
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Fire Regulation and Prevention Bylaw No. 3268, 2014
Dangerous Goods
14.2 Where the transport, storage or use of Dangerous Goods gives rise to an
Incident, the Owner, carrier, agency, organization or other person having
responsibility for the Dangerous Goods shall, at their own cost, ensure that
all such Dangerous Goods are cleaned up and safely disposed of promptly,
completely, and in accordance with all applicable laws.
14.3 Where a person fails to comply with Section 14.2, the Fire Chief may issue
an order in writing to do so and may state a date by which the order must be
carried out.
14.4 If a person fails to comply with an order issued under Section 14.3, the Fire
Chief may cause or direct such work as deemed necessary to address the
requirements of the order, and the Owner, carrier, agency, organization or
other person responsible must pay the all Costs in accordance with the City's
Fees and Charges Bylaw.
14.5 An order made under section 14.3 may be served by:
a)
delivering it or causing it to be delivered to the person to whom it is
directed;
b)
sending the order by registered mail to the last known address of the
Owner, carrier, agency, organization or other person having
responsibility for the Dangerous Goods; or
c)
posting a copy of the order in a conspicuous place at the location of
the Incident and if an order has been so posted, no person may
remove, deface or destroy the order.
Fire Investigation and Report
14.6 Except where section 14.1 applies, where Nelson Fire Rescue Service
responds to a fire where damage to property exceeds $5,000 (five thousand
dollars) and a fire investigation and report must be completed by Nelson Fire
Rescue Service in accordance with the Fire Services Act, the Owner of the
property must pay the applicable fire investigation fee that is prescribed in the
City's Fees and Charges Bylaw.
Recovery as Taxes
14.7 Where the City provides works or services to lands or improvements under
this bylaw, and the applicable fees or Costs incurred by the City to carry out
such works or services have not been paid in full on or before December 31st
of the calendar year noted on the City's invoice, the amounts may be
collected in the same manner and with the same remedies as for property
taxes in arrears.
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Fire Regulation and Prevention Bylaw No. 3268, 2014
15.
ENFORCEMENT AND PENALTIES
Offence
15.1 A person who:
a)
contravenes or fails to comply with this Bylaw;
b)
permits, suffers or allows any act or thing to be done in contravention
of this Bylaw;
c)
fails to carry out an order made under this Bylaw; or
d)
fails or neglects to do anything required under a Permit
commits an offence and each day such an offence continues or is permitted
to continue will constitute a separate offence.
15.2 On being found guilty of an offence under this Bylaw, a person will be liable
to pay a fine of up to $10,000 or to imprisonment for a term not exceeding six
months or to both such fine and imprisonment and in default of payment of
the fine to imprisonment for an additional term not exceeding six months
under the Offence Act.
Designation of Bylaw and Bylaw Enforcement Officers
15.3 This Bylaw is designated under section 264 of the Community Charter as a
bylaw that may be enforced by means of a Bylaw Notice.
15.4 Without limiting the enforcement options under section 15.1, a person who
commits an offence under this Bylaw will be liable to a penalty established
under the Bylaw Notice Enforcement Bylaw.
15.5 Bylaw Enforcement Officers are designated to enforce this Bylaw by means
of a Bylaw Notice under section 264 of the Community Charter.
15.6 No person may obstruct a Bylaw Enforcement Officer in the fulfillment of his
or her duties under this Bylaw.
16.
REPEALS
16.1 The City of Nelson "Fire Prevention Bylaw No. 3241, 2012" and any
subsequent amendments thereto are hereby repealed in their entirety.
17.
SEVERABILITY
17.1 If any part, sub-section or phrase of this Bylaw is held to be invalid by a court
of competent jurisdiction, the invalid portion shall be severed and the
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Fire Regulation and Prevention Bylaw No. 3268, 2014
remainder of the Bylaw shall be deemed to have been enacted without the
invalid portion.
18.
CITATION
18.1 This Bylaw may be cited as "The Corporation of the City of Nelson Fire
Regulation and Prevention Bylaw No. 3268, 2014".
19.
EFFECTIVE DATE
19.1 This Bylaw comes into force and effect upon its adoption.
READ A FIRST TIME the 7th day of July, 2014
READ A SECOND TIME the 7th day of July, 2014
READ A THIRD TIME the 7th day of July, 2014
FINALLY PASSED AND ADOPTED the 11th day of August, 2014
John Dooley_________
Mayor
Frances Long_________
Corporate Officer
CERTIFIED A TRUE AND CORRECT COPY OF
"The Corporation of the City of Nelson Fire
Regulation and Prevention Bylaw No. 3268, 2014"
Frances Long
_____________________________
Director of Corporate Services