Fire Regulation and Prevention Bylaw No. 3268, 2014 — full text

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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 Page 2 of 30 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 Page 3 of 30 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; The Corporation of the City of Nelson Page 4 of 30 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; The Corporation of the City of Nelson Page 5 of 30 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 The Corporation of the City of Nelson Page 6 of 30 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); The Corporation of the City of Nelson Page 7 of 30 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; The Corporation of the City of Nelson Page 8 of 30 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; The Corporation of the City of Nelson Page 9 of 30 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. The Corporation of the City of Nelson Page 10 of 30 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 The Corporation of the City of Nelson Page 11 of 30 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. The Corporation of the City of Nelson Page 12 of 30 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. The Corporation of the City of Nelson Page 13 of 30 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. The Corporation of the City of Nelson Page 14 of 30 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. The Corporation of the City of Nelson Page 15 of 30 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 The Corporation of the City of Nelson Page 16 of 30 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; The Corporation of the City of Nelson Page 17 of 30 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.. The Corporation of the City of Nelson Page 18 of 30 Fire Regulation and Prevention Bylaw No. 3268, 2014 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. The Corporation of the City of Nelson Page 19 of 30 Fire Regulation and Prevention Bylaw No. 3268, 2014 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. The Corporation of the City of Nelson Page 20 of 30 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: The Corporation of the City of Nelson Page 21 of 30 Fire Regulation and Prevention Bylaw No. 3268, 2014 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: The Corporation of the City of Nelson Page 22 of 30 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: The Corporation of the City of Nelson Page 23 of 30 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; The Corporation of the City of Nelson Page 24 of 30 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. The Corporation of the City of Nelson Page 25 of 30 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. The Corporation of the City of Nelson Page 26 of 30 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. The Corporation of the City of Nelson Page 27 of 30 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. The Corporation of the City of Nelson Page 28 of 30 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. The Corporation of the City of Nelson Page 29 of 30 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 The Corporation of the City of Nelson Page 30 of 30 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