Fire Protection Bylaw No. 3841, 2021 (consolidated to Sept 14, 2026) - Part 9 Open Burning — full text, North Cowichan, British Columbia

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1 CONSOLIDATION FIRE PROTECTION BYLAW Bylaw 3841 Current to September 14, 2026 Last amended on September 2, 2026 Consolidated and printed by authority of the Corporate Officer under The Corporation of the District of North Cowichan Consolidation and Revision Authority Bylaw 3514. Fire Protection Bylaw No. 3841, 2021 2 Amendments Number Amendment Bylaw Number Effective Date dd mmm yyyy 1 3853 (to update definitions and procedures) 2021-11-17 2 4043 (to update definitions, and legislative references, to align with the Fire Safety Act 2026-02-18 3 4088 (to enhance fire safety administration and enforcement) 2026-09-02 4 5 Fire Protection Bylaw No. 3841, 2021 3 The Corporation of the District of North Cowichan Fire Protection Bylaw Bylaw 3841 Contents 1 Citation 2 Definitions and Interpretation 4 Administration 16 General Rules and Prohibitions 22 Fire Incident Response and Operations 35 Prevention of Hazards 41 Fire Inspections 47 Life Safety and Equipment Standards 61 Open Burning 67 Private Fire Hydrants 74 Inspection and Permit Fees 76 Failure to Comply 78 Offence and Penalty 80 Repeal 81 Forms and Schedules The Council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: PART 1 - CITATION 1. This Bylaw may be cited as "Fire Protection Bylaw No. 3841, 2021". PART 2 - DEFINITIONS 2. The terms that have been defined under Section 3 have been capitalized and italicized when used throughout this Bylaw. 3. In this Bylaw, the following words and terms have the following meanings: AIR CURTAIN INCINERATOR means a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a burn chamber, but does not include a trench burner; APPARATUS means any vehicle provided with machinery, devices, Equipment or materials for firefighting as well as vehicles used to transport Firefighters or supplies; ASSISTANT FIRE CHIEF means the rank immediately below the Deputy Fire Chief as identified under section 12; [BL4043] BUILDING shall have the same meaning as defined in the Zoning Bylaw; Fire Protection Bylaw No. 3841, 2021 4 BUILDING ACT means the 'Building Act, S.B.C. 2015, c2', as amended from time to time; [BL4043] BUILDING CODE means the British Columbia Building Code adopted under the Building Act; [BL4043] BYLAW COMPLIANCE OFFICER means a person appointed by the Chief Administrative Officer under the Delegation of Authority Bylaw; CAPTAIN means a member of the Fire Department who supervises the activities of Firefighters and other duties as assigned by the Fire Chief; CATEGORY 1 CAMP FIRE shall have the same meaning as defined in the Wildfire Regulation; [BL4043] CATEGORY 3 OPEN FIRE shall have the same meaning as defined in the Wildfire Regulation; [BL4043] CEREMONIAL FIRES means a fire for First Nations' ceremonial or special purposes; CONTACT PERSON means a person designated by the occupier or owner of a Building or Structure at which a Fire Alarm System is installed who is able to attend at the Building or Structure when the Fire Alarm System has been activated; COUNCIL means the municipal council of The Corporation of the District of North Cowichan; DELEGATION OF AUTHORITY BYLAW means Delegation of Authority Bylaw No. 3814, 2021, as amended from time to time; [BL4043] DEPUTY FIRE CHIEF means a person appointed by the Fire Chief and includes any person designated by the Fire Chief to act in the Fire Chief's absence; more than one Deputy Fire Chief may be appointed; [BL4043] EQUIPMENT means any tools, devices or materials used by the Fire Department at any Incident or other emergency; EVACUATION ORDER means the Order issued by the Fire Chief or a Fire Inspection Officer under Section 57 in the form attached as Schedule D; FEES AND CHARGES BYLAW means Fees and Charges Bylaw No. 3874, 2020, as amended from time to time; [BL4043] FIRE ALARM SYSTEM means all equipment, including without limitation, batteries, alarm gongs, horns, buzzers, switches, wiring, relay equipment, sensors, and other accessories designed to issue a warning of a fire by activating an audible alarm signal or alerting a monitoring service but does not include a fire alarm or smoke detector that is intended to alert only the occupants of a single dwelling unit; FIRE AND LIFE SAFETY EQUIPMENT includes, but is not limited to, Fire Alarm Systems, automatic Sprinkler Systems, special extinguishing systems, portable extinguishers, emergency lighting, water supply systems for fire protection, standpipe and hose systems, smoke control measures, emergency power installations, voice communication systems and fire fighter elevators; FIRE AND LIFE SAFETY EQUIPMENT ORDER means the Order issued by a Fire Officer under Section 54 in the form attached as Schedule C; FIRE CHIEF means a person appointed by the Chief Administrative Officer under the Delegation of Fire Protection Bylaw No. 3841, 2021 5 Authority Bylaw to be in charge of the Fire Department and includes any other person authorized by the Fire Chief to exercise powers under the Fire Safety Act; [BL4043] FIRE CODE means the British Columbia Fire Code established under the Fire Safety Act, as amended form time to time; [BL4043] FIRE COMMISSIONER means the person appointed by the Lieutenant Governor in Council to the Office of the Fire Commissioner of British Columbia pursuant to the Fire Safety Act; [BL4043] FIRE DEPARTMENT means the District of North Cowichan Fire Department; FIRE HYDRANT SERVICE REPORT means a report in the form attached as Schedule F that is required to be submitted to the Fire Department under Section 70; FIRE INSPECTION OFFICER means the Fire Department member appointed by the Fire Chief to perform inspections under Section 42; FIRE INVESTIGATION OFFICER means the Fire Department member appointed by the Fire Chief to perform fire investigations; [BL4043] FIRE OFFICER means any member of the Fire Department holding the rank of: (a) Fire Chief; (b) Deputy Fire Chief; [BL4043] (c) Assistant Fire Chief; (d) Station Chief; (e) Station Deputy Chief; or (f) Captain; FIRE PROTECTION TECHNICIAN means a person who has provided the Fire Department with acceptable documentation from a manufacturer of Fire and Life Safety Equipment certifying that they have been trained to install and service their equipment or from the agency known as the Applied Science Technologist and Technicians of British Columbia certifying that they are able to perform inspections and testing on Fire and Life Safety Equipment or a person approved by the Fire Chief; FIRE SAFETY PLAN is a set of emergency procedures and guidelines to be followed by the occupants of a Building in the event of a fire or an emergency in a Building or Structure; and may include the locations of utilities and emergency shutoffs for gas and water, and operational information of Fire and Life Safety Equipment; FIRE SERVICES ACT means the Fire Safety Act, S.B.C. 2016, c. 19, as amended from time to time; [BL4043] FIREFIGHTER means every active member of the Fire Department other than a Fire Officer, whose duties include fire prevention, fire suppression, or rescue and emergency response, as authorized under this Bylaw; FOREST AND RANGE PRACTICES ACT means Forest and Range Practices Act S.B.C. 2002, c.69, as amended from time to time; [BL4043] INCIDENT means any situation, wherein the attendance of the Fire Department is requested, required, dispatched, or warranted to prevent injury, loss of life, damage or loss to property, or Fire Protection Bylaw No. 3841, 2021 6 damage to the natural environment; INTERIOR OPERATIONS LEVEL shall have the same meaning as defined under the Playbook; LOCAL ASSISTANT Deleted BL4043] MOTOR VEHICLE ACT means the Motor Vehicle Act, R.S.B.C. 1996, c.318, as amended from time to time [BL4043] MUNICIPALITY means the Corporation of the District of North Cowichan; OCCUPANCY shall have the same meaning as defined in the Zoning Bylaw; OFFICER IN COMMAND means the highest-ranking Fire Officer in attendance at an Incident; OFFICIAL COMMUNITY PLAN means Official Community Plan Bylaw No. 3900, 2022, as amended from time to time; [BL4043] OPEN BURNING means a fire in the open air but does not include a recreational fire or a fire where the products of combustion from the fire are conveyed to and disposed of by means of a chimney in a Building or Structure constructed and maintained in accordance with the Building Code; OPEN BURNING PERMIT means the Permit issued under Section 62 in the form attached as Schedule E; OTHER EMERGENCY SERVICE PROVIDERS includes the Royal Canadian Mounted Police, the BC Ambulance Service, Search and Rescue and the Canadian Coast Guard; PLAYBOOK means the Structure Firefighter Minimum Training Standards which identifies the minimum training competencies required of all firefighters at each service level, as established by the Office of the Fire Commissioner pursuant to the Fire Safety Act; [BL4043] PREMISES means a Building or Structure together with its grounds and appurtenances; PRE-INCIDENT PLAN means a series of documents containing plans, drawings and written descriptions identifying the type and location of Buildings, firefighting hazards, Fire and Life Safety Equipment and utilities; PRIVATE HYDRANT means a fire hydrant on private property or common property within a strata property; PRIVATE MANAGED FOREST LAND ACT means the Private Managed Forest Land Act, S.B.C. 2003, c.80, as amended from time to time; [BL4043] RECREATIONAL FIRE shall have the same meaning as defined in CATEGORY 1 CAMP FIRE; [BL4043] REMEDIATION ORDER means the Order issued under Section 36 in the form attached as Schedule B; SINGLE FAMILY DWELLING shall have the same meaning as defined in the Zoning Bylaw; SPRINKLER SYSTEM includes all equipment forming part of or used in connection with a fire sprinkler system, including without limitation, all heads, valves, piping, switches, sensors, relay equipment, and other accessories; Fire Protection Bylaw No. 3841, 2021 7 STATION CHIEF means the member of the Fire Department appointed by the Fire Chief to manage and control the activities of Firefighters assigned to each individual fire station located within North Cowichan; STRUCTURE shall have the same meaning as defined in the Zoning Bylaw; TRANSPORT OF DANGEROUS GOODS ACT means Transport of Dangerous Good Act R.S.B.C. 1996, c.458, as amended from time to time; [BL4043] URBAN CONTAINMENT BOUNDARY means the urban containment boundary established in the Official Community Plan; VEHICLE shall have the same meaning as defined in the Motor Vehicle Act; VENTILATION INDEX means the Ventilation Index released by Meteorological Service of Environment Canada which contains daily smoke control forecast predictions; WILDFIRE REGULATION means the 'Wildfire Regulation, B.C. Reg. 38/2005, Under the Authority of the Wildfire Act', as amended from time to time; [BL4043] WORKERS COMPENSATION ACT means the Workers Compensation Act, R.S.B.C. 2019, c.1, as amended from time to time and [BL4043] ZONING BYLAW means Zoning Bylaw, 1997, No. 2950, as amended from time to time. [BL4043] PART 3 - ADMINISTRATION Continuation of Fire Department 4. The Fire Department is hereby continued for the purposes of providing fire suppression, fire inspections, fire investigations, public education, fire training, emergency management, rescue and public services under this Bylaw. Authorization to Enter Property 5. The Fire Chief and their designates are authorized to enter onto property and inspect Premises, in accordance with the Fire Safety Act, with or without Apparatus and Equipment, for conditions that may cause a fire, increase the danger of a fire or increase the danger to persons or property from a fire. [BL4043] 6. The Fire Chief and their designates are authorized to enter onto property and into Buildings or Structures, in accordance with the Fire Safety Act, to inspect and determine whether all regulations, prohibitions and requirements are being met in relation to any matter contained in this Bylaw, the Fire Safety Act and its regulations and the Fire Code. [BL4043] 7. The Fire Chief and their designates are authorized to enter onto property and into Buildings or Structures, in accordance with the Fire Safety Act, including those adjacent to an Incident, with or without Apparatus and Equipment, to take measures to prevent and suppress fires or deal with another form of Incident. [BL4043] Responsibilities and Duties of Fire Chief 8. The Fire Chief is responsible for: (a) the overall management, control and supervision of the Fire Department and personnel Fire Protection Bylaw No. 3841, 2021 8 assigned to each fire station, and the discipline thereof; (b) the appointment of a Fire Officer, Fire Inspection Officer, Fire Investigation Officer and Firefighter; [BL4043] (c) developing all necessary training programs, establishing any necessary proficiency requirements for the Fire Department which meets all statutory and regulatory requirements, including those required by the Playbook and the Workers Compensation Act and regulations made thereunder; (d) developing fire safety education programs and campaigns to help citizens learn how to prevent fires, what to do if a fire starts, how to avoid injuries and how to stay safe; (e) the efficient management of all members, Apparatus, equipment, responses to incidents and the provision of fire prevention and protection services to the Municipality. (f) Issuing fire bans for all outdoor fires [BL4088] 9. The Fire Chief shall establish rules, regulations, operational guidelines and policies necessary for the proper organization, administration and operation of the Fire Department including but not limited to: (a) the use, care and protection of Fire Department property; (b) the conduct and discipline of members of the Fire Department; (c) the safe and efficient operation of the Fire Department; and (d) the duties and responsibilities of members of the Fire Department. 10. The Fire Chief shall take responsibility for all fire protection matters and other Incidents including the enforcement of applicable sections of the Fire Safety Act and its regulations, and the Fire Code. [BL4043] 11. The Deputy Fire Chief shall be responsible for performing the duties of the Fire Chief listed under Section 8 when the Fire Chief is unable to perform those duties. [BL4043] Rank Structure 12. The rank structure of the Fire Department, in descending order of authority shall be as follows: (a) Fire Chief (b) Deputy Fire Chief [BL4043] (c) Assistant Fire Chief (d) Station Chief (e) Station Deputy Chief (f) Captain (g) Firefighter Fire Department Jurisdiction 13. The jurisdiction of Fire Officers and Firefighters will extend to the area and boundaries of the Municipality. 14. The Fire Department may respond to an Incident and provide firefighting services outside of the Municipality's boundaries in the following circumstances: (a) in accordance with the terms of a signed mutual aid agreement(s) between the Council and the Fire Protection Bylaw No. 3841, 2021 9 other surrounding local governments or First Nations; (b) if authorized to respond by Emergency Management BC or in accordance with an agreement with or standard operating procedures established by the Ministry of Forests, Lands, Natural Resource Operations and Rural Development or the BC Wildfire Service; or 15. The Fire Department may assist another fire department at an Incident response outside the Municipality's boundaries, if authorized by the Mayor or Acting Mayor, of if the Mayor or Acting Mayor is absent or unavailable, by the Chief Administrative Officer. PART 4 - GENERAL RULES AND PROHIBITIONS False Representation 16. No person shall make false representation as to being a member of the Fire Department, or wear or display any Fire Department badge, cap, button, insignia or other paraphernalia for the purpose of such false representation. No Interference 17. No person shall drive, push or pull a vehicle of any kind over a fire hose or other equipment of the Fire Department unless directed by a Fire Officer. 18. No person shall obstruct, impede or hinder a Fire Officer or a Firefighter in the execution of their duties under this Bylaw. 19. No person shall remove, alter, or deface any order posted pursuant to this Bylaw. Prohibition against Entry 20. No person shall enter within any area designated by ropes, guards or tapes, which are erected by or under the direction of the Fire Department, without the permission of the Fire Chief. 21. No person shall refuse to move from an area designated by ropes, guards or tapes, which are erected by or under the direction of a Fire Officer, without the permission of the Fire Chief. 22. No non-permitted outdoor burn. [BL4088] PART 5 - FIRE INCIDENT RESPONSE AND OPERATIONS Authorized Services 23. The Fire Department is authorized to provide the following services: (a) firefighting and fire suppression; (b) fire prevention and inspection; (c) assistance to Other Emergency Service Providers, such as the British Columbia Ambulance Service; (d) rope rescues; (e) evacuation from areas within the Municipality; (f) vehicle extrications and road rescue services; Fire Protection Bylaw No. 3841, 2021 10 (g) lake and river water rescue services; and (h) responding to incidents involving dangerous goods as defined under the Transport of Dangerous Goods Act. [BL4043] Service Level 24. The Fire Department shall operate as an Interior Operations Level as defined in both the Playbook and within the Fire Department Jurisdiction, as defined under Section 13. The Department shall operate in accordance with the requirements of the Playbook, including with respect to the training of the Fire Department and keeping of records related to such training. 25. Notwithstanding the list of authorized services described under Section 22 or any service level authorized in accordance with the Playbook, in relation to any particular Incident response, the Fire Department shall undertake only those emergency response activities for which it is properly trained and equipped. The Fire Chief and/or the Officer in Command may, in their sole discretion, restrict or terminate emergency response activities in any circumstance where the Incident is considered to exceed the training or capabilities of the responding Firefighters or Apparatus available to them or because of competing demand for authorized services at other locations. Control Direction and Management 26. The Fire Chief or Officer in Command at an Incident, shall have control, direction and management of all Fire Department Apparatus, Equipment, and Firefighters assigned to an Incident and, where an Officer in Command is in charge, he shall continue to act in that capacity until relieved by a more senior qualified Fire Officer. 27. In the event that the Fire Chief is not in attendance at an Incident, the most senior qualified Fire Officer or Firefighter in attendance at that Incident, as per Section 13, will assume command. Regulations and Prohibitions at an Incident 28. The Fire Chief or Officer in Command at any Incident is hereby empowered to commandeer privately owned equipment, which they consider necessary to deal with such Incident. 29. The Officer in Command is authorized to require a person to assist in the fighting of any fire or in the preserving of any property threatened by fire, or to assist in the salvaging and safeguarding of property threatened by fire. 30. The Fire Chief or Officer In Command is authorized to order the tactical evacuation of any Building or area where there is an emergency arising from a fire hazard, risk of explosion or a panic. In such a case no person, other than the Fire Chief, the Officer in Command, a Firefighter, or other person authorized by the Fire Chief or Officer in Command shall remain in or shall enter those Buildings or areas. 31. The Fire Chief or Officer in Command at any Incident is authorized to prevent and suppress a fire by causing to be pulled down or demolished a Building or Structure when they consider it necessary to prevent or suppress any fire. 32. No person shall drive over, or be within nine (9) metres of a Fire Department hose that is in use or filled with water, without the permission of the Officer in Command at an Incident. 33. No person shall fail to comply with a direction of the Officer in Command, or any Firefighter made in accordance with this Bylaw at an Incident. Fire Protection Bylaw No. 3841, 2021 11 34. No person shall interfere with or impede the use of Equipment by the Fire Chief or a Firefighter at an Incident. 35. A person at or near an Incident shall obey all traffic control directions given by a Fire Officer. PART 6 - PREVENTION OF HAZARDS Prevention of Fire Hazards 36. No person, being an owner or occupier of any Premises shall: (a) maintain the Premises in such a state of disrepair that a fire starting in them might spread rapidly to endanger life or other property; (b) use or occupy the Premises in such a manner that fire would endanger life or property or increase the danger of fire; (c) keep combustible or explosive material on the Premises, except as permitted by this Bylaw or other enactment, or allow other flammable conditions to exist in the Premises so as to endanger life or property; or (d) Allow a fire hazard to exist on the Premises. Remediation Order 37. Where a Fire Inspection Officer or designate determines that one or more conditions described in Section 35(a), (b), (c), or (d) exists or as otherwise authorized by this Bylaw, the Fire Inspection Officer or designate may issue to an owner or occupier of a Premises a Remediation Order requiring the owner or occupier of the Premises to do one or more of the following: [BL4043] (a) repair the Building or Structure on the Premises; (b) remove or destroy the Building or Structure on the Premises; (c) alter the use or occupancy of the Premises; (d) remove combustible or explosive material from the Premises or remedy a flammable condition at the Premises; or (e) take any other actions or precautions that the Fire Inspection Officer considers appropriate to mitigate the fire hazard present at the Premises. 38. A Remediation Order may be in the form attached as Schedule B and must: (a) be in writing; (b) identify the person who must fulfill the requirement; (c) be posted in a conspicuous location on the Premises; (d) be sent by regular mail to the owner's address; (e) provide the owner or occupier of the Premises with no less than seven days to fulfill the requirement after the Remediation Order was posted on the Premises and sent by mail; (f) advise that a person may request the Fire Chief reconsider the Remediation Order in accordance with this Bylaw; and (g) advise that upon default, the Municipality may fulfill the requirement set out in the Remediation Order and seek recovery of the cost under the Community Charter. [BL4043] Fire Protection Bylaw No. 3841, 2021 12 39. If a Remediation Order is issued under Section 36, the owner or occupier of a Premises may appeal to the Fire Chief in writing, within seven (7) days after receipt of the Remediation Order, and the Fire Chief will promptly investigate the appeal and, in writing, either affirm, modify or revoke the Remediation Order issued under Section 36. Vacant and Fire Damaged Buildings, Structures and Premises 40. If the Fire Chief or a Fire Officer determines that a vacant Building, Structure or Premises is unsecure and consequently a fire hazard or that a Building, Structure or Premises damaged by fire is unsafe, the Fire Chief or Fire Officer may issue a Remediation Order under Section 36 requiring the owner or operator of the Premises to do one or more of the following, that includes, but is not limited to: (a) boarding up the Building or Structure; (b) fencing; or (c) supplying twenty-four (24) hour security services by a licensed security company. [BL3853] Forest Remediation 41. If the safety of forest, woodland, timber, or other Premises is endangered by debris caused by logging, land clearing, or industrial activity, the Local Assistant may require a Remediation Order to be issued to a person carrying on or who has carried on the activity, or the owner or occupier of the land on which the debris exists, the person or the owner or operator of the Premises shall: (a) dispose of the debris by burning or in another way, cut down all dead standing trees and stubs in the endangered area; or (b) provide the labour and take the precautions, to prevent fire from escaping or damage to Premises from occurring. [BL3853] PART 7 - FIRE INSPECTIONS Frequency of Inspections 42. The Fire Chief shall establish a system of regular inspections of buildings, as defined under the Fire Safety Act, which system will provide different frequencies of inspection depending on a Building's Building Code building classification, its use, age and fire risk assessment. [BL4043] 43. The Fire Inspection Officer, or their designate, shall carry out the inspections established under Section 41. 44. The Fire Chief or Fire Inspection Officer must report to Council as and when requested by Council on the inspection system created and implemented under Section 41 of this Bylaw. Provision of Information to Fire Inspection Officer 45. No person shall fail to provide information or render assistance required by a Fire Inspection Officer in connection with an inspection. 46. No person shall willfully withhold or falsify any information required by a Fire Inspection Officer, nor refuse to assist in the carrying out of an inspection. No Interference during Inspection 47. No person shall obstruct or interfere with a Fire Inspection Officer while any inspection is being carried out. Fire Protection Bylaw No. 3841, 2021 13 PART 8 - LIFE SAFETY EQUIPMENT AND STANDARDS Fire Drills 48. The owner or operator of a hotel, hospital, community care facility or other Building with sleeping accommodation and used for the care of persons, shall provide the Fire Inspection Officer a record of fire drills when requested. 49. The owner or operator of a school, child care facility, children's home or other institution for children's education or care, shall provide the Fire Inspection Officer a record of fire drills when requested. Fire Safety Plans 50. The owner or occupier of a Building or Structure that has a Fire Alarm System shall submit and initial the Fire Safety Plan in a form acceptable to the Fire Chief. 51. The owner or occupier of a Building or Structure who has submitted a Fire Safety Plan to the Fire Chief shall, when changes occur to the Fire Safety Plan, without delay revise it and resubmit it to the Fire Chief if any changes are necessary as a consequence of changes to the Building, utilities or Fire and Life Safety Equipment. 52. The owner or operator of a Building or Structure who has submitted a Fire Safety Plan to the Fire Chief must post a notice visible to all occupants of the Building or Structure of the location where a copy of the current Fire Safety Plan may be reviewed by the occupants. Pre Incident Plan 53. An owner or operator of a Building without a Fire Alarm System, other than a Single Family Dwelling, duplex or triplex, shall submit an initial Pre-Incident Plan in a form acceptable to the Fire Chief a current Pre-Incident Plan. 54. The owner or operator of a Building or Structure who has submitted a Pre-Incident Plan to the Fire Chief shall, when changes occur, without delay revise it and resubmit it to the Fire Chief if any changes are necessary as a consequence of changes to the Building, utilities or Fire And Life Safety Equipment. Fire and Life Safety Equipment Order 55. If the owner or operator of a hotel or public Building fails to provide, keep in good repair, alter or improve a means of exit, or fire and life safety equipment required by this Bylaw, a Fire Inspection Officer may issue to the owner or operator of the hotel or public Building a written Fire and Life Safety Equipment Order requiring that the owner or occupier of the hotel or public Building take action to meet the requirements of this Bylaw within a specified period of time. 56. A Fire and Life Safety Equipment Order must: (a) be in writing; (b) identify the person who must fulfill the requirement; (c) be posted in a conspicuous location on the Building; (d) be sent by regular mail to the owner's address; (e) provide the owner or operator of the Building with no less than seven days to fulfill the Fire Protection Bylaw No. 3841, 2021 14 requirement after the Fire and Life Safety Equipment Order was posted on the Building and sent by mail; (f) advise that a person may request the Fire Chief reconsider the Fire and Life Safety Equipment Order in accordance with this Bylaw; and (g) advise that upon default, the Municipality may fulfill the requirement set out in the Fire and Life Safety Equipment Order and seek recovery of the cost under the Community Charter. [BL4043] 57. If a Fire and Life Safety Equipment Order is issued under Section 54, the owner or operator of a Building may appeal to the Fire Chief in writing, within seven (7) days after receipt of the Fire and Life Safety Equipment Order, and the Fire Chief will promptly investigate the appeal and, in writing, either affirm, modify or revoke the Fire and Life Safety Equipment Order issued under Section 54. Evacuation or No Occupancy Order 58. The Fire Chief or Fire Officer may issue an Evacuation Order to an owner or occupier of a Building, Structure or area to evacuate the Building, Structure or area immediately, if the Fire Chief or Fire Officer believes there is an imminent and serious danger to life or property of the occupants or of a panic arising from a fire hazard or risk of explosion. 59. The Fire Chief or Fire Inspection Officer may post an Evacuation Order on any Building or Structure or area warning that Occupancy of the Building, Structure or area may be hazardous or that there is "No Occupancy" of the Building, Structure or area due to a fire hazard. 60. An Evacuation Order issued under Section 57 must: (a) be in writing; (b) identify the civic address and legal description of the Building; (c) be posted in a conspicuous location on the Building; (d) be sent by regular mail to the owner's address; (e) provide the owner or operator of the Building with no less than 24 hours to fulfill the requirement after the Evacuation Order was posted on the Building and sent by mail. 61. No person shall remain in a Building or Structure that has been ordered evacuated or not to be occupied in accordance with the Evacuation Order without prior approval and permission by the Fire Chief or Fire Inspection Officer. PART 9 - OPEN BURNING Open Burning 62. No Person shall cause or allowing Open Burning except as permitted under this Bylaw. 63. The Fire Chief, or their delegate, may issue an Open Burning Permit subject to the conditions of this Bylaw. 64. Open Burning is permitted only when the Ventilation Index is rated as 'good': (a) on property located (i) outside of the Urban Containment Boundary, as defined in the Official Community Plan, or (ii) inside the Urban Containment Boundary, where the property is larger than 2 acres in size, and an Open Burning Permit has been obtained under Section 62. [BL3853] Fire Protection Bylaw No. 3841, 2021 15 65. A person is permitted to ignite an Open Burning fire, if they have first obtained an Open Burning Permit issued in accordance with Section 62 and subject to the following conditions: (a) the person must agree to pay the Municipality's costs of extinguishing a fire that arises from the Open Burning, but is in contravention of the conditions of the permit or this Bylaw, or is otherwise uncontrolled, with the costs being calculated using the rates and amounts set out in the Fees and Charges Bylaw; [BL4043] (b) fires must be located at least (i) 4 metres from all Buildings, Structures, and combustible and flammable materials, and (ii) 10 metres from all property lines; (c) fires must be during daylight hours only; (d) fires are restricted to only one hand-piled fire per property at a time; (e) fires must be smaller than 2 metres high by 2 metres wide; (f) proper fire-fighting equipment, including at least a shovel, rake and garden hose connected to a water source must be on hand and readily available in case of fire escape; (g) all material burned must (i) originate from the property where it is being burned, and (ii) consist only of untreated natural wood and brush. (h) open burning takes place between March 15 through April 15, and September 15 through November 30. [BL3853] 66. Despite Sections 63 and 64, a Category 3 Open Fire is permitted on a property outside of the Urban Containment Boundary provided: (a) an Air Curtain Incinerator is used, (b) the operator of the Air Curtain Incinerator is trained in the safe and efficient maintenance and operation of Air Curtain Incinerators, and (c) all applicable provincial and federal regulations are followed. 67. This Bylaw does not apply to persons carrying out (a) Ceremonial Fires; (b) "normal farm practices" as defined in the Farm Practices Protection Act; (c) "forest practices" as defined in the Forest and Range Practices Act; or (d) forest practices on land managed under the Private Managed Forest Land Act, Crown Forest Lands, Municipal Forest Reserve, and other public land used for forestry purposes. Wood Burning Appliances 68. During an air quality advisory issued by Vancouver Island Health Authority, no person shall use wood burning appliances unless the wood burning appliance is the primary source of heat for the dwelling. [BL3853] Recreational Fire Pits 69. No person shall use a recreational fire pit unless it: (a) be made of a noncombustible material, Fire Protection Bylaw No. 3841, 2021 16 (b) be equipped with a tight-fitting lid of perforated metal or wire screen having openings not more than 1 centimetre squared in area, (c) not exceed 0.5 cubic metres in volume, (d) be located not less than 2 metres from a property line and not less than 5 metres from a building or flammable or combustible material, and (e) rest on a noncombustible foundation. [BL3853] 68.1 No permit is required for a recreational fire pit. [BL3853] PART 10 - PRIVATE FIRE HYDRANTS Private Hydrants 70. All Private Hydrants in the Municipality must be painted yellow with red top and caps. 71. The owner or occupier of a property on which a Private Hydrant is located must: (a) maintain, clear and keep unobstructed an area having a radius of one (1) metre around every hydrant; (b) keep hydrants clear of ice, snow, shrubs, trees, Structures and other obstructions; and, (c) clearly identify their locations. 72. No person shall obstruct or otherwise interfere with a fire hydrant or Private Hydrant. Private Hydrant Maintenance and Inspections 73. The owner of every Private Hydrant shall have all components of the hydrant inspected, serviced and tested by a qualified Fire Protection Technician not less than once a year and the Fire Hydrant Service Report must be submitted to the Fire Department upon request. Private Hydrant Service after Use 74. The owner of a Private Hydrant must conduct or have conducted an inspection after each use of the Private Hydrant, which inspections shall include the following minimum requirements: (a) an examination of the exterior for broken, cracked or missing parts; (b) a check to ensure that the hydrant hose ports are at the proper elevation and facing a direction for the most efficient use; (c) a check to ensure that the hydrant is not obstructed by tall grass, shrubbery or other obstacles; (d) a check for worn, rusted or obstructed threads, which may hamper efficient use of the hydrant; and, (e) an examination of hydrant barrels to determine if water has accumulated as a result of a leaking main valve, or plugged or damaged drain valve. Annual Servicing of Private Hydrants 75. The owner of a Private Hydrant is responsible for conducting or having conducted annual inspections, which includes the following minimum requirements: (a) hydrants shall be flushed with main valve and outlet valves fully open until the water runs clear of any visible debris; and, Fire Protection Bylaw No. 3841, 2021 17 (b) prevent the discharged water from carrying sediment in to the storm system or eroding a natural drainage course; and, (c) check the operation of the main line valve by closing the isolating valve. Three Year Servicing of Private Hydrants 76. The owner of a Private Hydrant must ensure the following servicing of the Private Hydrant is conducted every three (3) years: (a) disassemble the hydrant and check for worn or broken parts and leaks; (b) lubricate all external and internal working parts during reassembly; (c) check water pressure; and, (d) re-open main line valve and check to see if hydrant operates and close hydrant valve. PART 11 - INSPECTION AND PERMIT FEES 77. A person must pay the fees prescribed under the Fees and Charges Bylaw for each of the following: [BL4043] (a) an Open Burning Permit; (b) review of a new, existing or amended Fire Safety Plan; (c) a review of a Fire Hydrant Service Report; (d) special request services approved in writing by the Fire Chief; (e) an inspection of a Building, Structure or site conducted at the request of the owner, owner's representative or occupier (and where not otherwise provided for under this Bylaw) to determine compliance with this Bylaw or the Fire Code; and (f) re-inspection of Premises after a fire inspection report has been issued under this Bylaw where deficiencies remain. (g) As a result of an illegal action, prohibited action, contravention of this bylaw that results in a fire department response, a fee may be imposed to the property owner. [BL4088] 78. The costs that may be imposed under Section 76 are to be calculated in accordance with the rates and amounts set out in the Fees and Charges Bylaw. [BL4043] PART 12 - FAILURE TO COMPLY 79. If an owner, occupier or operator of a Premises fails to comply with a Remediation Order or a Fire and Life Safety Equipment Order the Municipality may enter on the Premises and take such action as may be required to correct the default, including to remediate the Premises or to have the Premises attain a standard specified in the order or any safety enactment, at the expense of the owner, occupier or operator who has failed to comply, and may recover the costs incurred as a debt. 80. If the owner has failed to pay the cost to the Municipality incurred under Section 76 before the 31st day in December in the year that the corrective action was invoiced, the service costs must be added to and form part of the property taxes payable on the property as taxes in arrears. PART 13 - OFFENCE AND PENALTY Fire Protection Bylaw No. 3841, 2021 18 81. Any person who: (a) contravenes or violates any provision of this Bylaw; (b) allows any act or thing to be done in contravention or violation of this Bylaw; or (c) fails or neglects to do anything required to be done by this Bylaw; (d) commits an offence, and where the offence is a continuing one, each day the offence is continued constitutes a separate offence. 82. Upon being convicted of an offence under this Bylaw, a person shall be liable to pay a fine not exceeding $50,000.00. PART 14 - REPEAL 83. Fire Protection Bylaw, 2008, No. 3340 and all amendments thereto are hereby repealed. PART 15 - FORMS AND SCHEDULES 84. The Fire Chief may prescribe the form of permits, orders and reports issued or required under this bylaw and may use the forms attached as Schedules to this Bylaw. 85. The following Schedules are attached to and form part of this Bylaw: (a) Schedule "A" Emergency Contact Person Form (b) Schedule "B" Remediation Order (c) Schedule "C" Fire and Life Safety Equipment Order (d) Schedule "D" Evacuation Order (e) Schedule "E" Open Burning Permit (f) Schedule "F" Private Fire Hydrant Service Report _______________________ Read a first, second and third time on September 21, 2021 Adopted on October 7, 2021 Fire Protection Bylaw No. 3841, 2021 19 SCHEDULE A EMERGENCY CONTACT PERSON FORM Fire Protection Bylaw No. 3841, 2021 District of North Cowichan, Fire and Bylaw Services 7030 Trans-Canada Highway, Duncan, BC V9L 6A1 Canada 250.746.3108 | [email protected] | www.northcowichan.ca Owner / Occupier Information Owner Name: Occupier Name (if any): Address of Premises with Fire Alarm System: Owner Telephone Number: Occupier Telephone Number (if any): Emergency Contact Information First Emergency Contact Person Name: Relation to Owner or Occupier: Emergency Telephone Number: Second Emergency Contact Person Name: Relation to Owner or Occupier: Emergency Telephone Number: Third Emergency Contact Person Name: Relation to Owner or Occupier: Emergency Telephone Number: Please print clearly the above information. Signature Date Fire Protection Bylaw No. 3841, 2021 20 SCHEDULE B Fire Protection Bylaw No. 3841, 2021 District of North Cowichan, Fire and Bylaw Services 7030 Trans-Canada Highway, Duncan, BC V9L 6A1 Canada 250.746.3108 | [email protected] | www.northcowichan.ca REMEDIATION ORDER This Order is issued pursuant to Fire Protection Bylaw No. 3841, 2021, Section 39, which authorizes the Fire Officer to issue a Remediation Order as the Fire Officer has determined that one or more of the following conditions: The Premises in such a state of disrepair that a fire starting in them might spread rapidly to endanger life or other property; The use or occupy the Premises in such a manner that fire would endanger life or property or increase the danger of fire; Keep combustible or explosive material on the Premises, except as permitted by this Bylaw or other enactment, or allow other flammable conditions to exist in the Premises so as to endanger life or property; or Allow a fire hazard to exist on the Premises. exists at [civic address] and requires the property owner/lessee to take the following immediate action: The deadline for compliance with this Order is [date] It is an offence to remove or deface this Order. This Order must be posted in a conspicuous on the property. Failure to comply with this Order may result in a fine or the District taking the necessary steps to bring your property into compliance. Each day that this offence continues to exist past the deadline for compliance constitutes a separate and distinct offence. The costs for any works completed by the Municipality, can be recovered, if unpaid, with the same remedies as property taxes under Section 258(2), as authorized by Section 17(2) and 258(1)(c) of the Community Charter. The fees to determine this cost are set out in Schedule H "Nuisance Abatement Fees" of Fees and Charges Bylaw No. 3784. You may request that Fire Chief reconsider this Order by delivering your request in writing to the Fire Chief, at least seven days prior to the expiration of the time for compliance set out in this Order: - In-person: Municipal Office located at 7030 Trans-Canada Highway between regular business hours - By email to: [email protected] Inquiries should be directed to the Assistant Fire Chief (Fire Inspection Officer), Jason deJong, at 250.746.3276 or [email protected]. Date Fire Inspection Officer Fire Protection Bylaw No. 3841, 2021 21 SCHEDULE C Fire Protection Bylaw No. 3841, 2021 District of North Cowichan, Fire and Bylaw Services 7030 Trans-Canada Highway, Duncan, BC V9L 6A1 Canada 250.746.3108 | [email protected] | www.northcowichan.ca FIRE AND LIFE SAFETY EQUIPMENT ORDER This Order is issued pursuant to Fire Protection Bylaw No. 3841, 2021, Section 57, which authorizes the Fire Officer to issue a Fire and Life Safety Equipment Order as the Fire Officer has determined that the property owner has failed to keep in good repair a means of exit or fire and life safety equipment at [civic address] and require the property owner to take immediate action. The deadline for compliance with this Order is [date] The property owner is ordered to complete the following works on or before the expiration of the above date: It is an offence to remove or deface this Order. This Order must be posted in a conspicuous on the property. Failure to comply with this Order may result in a fine or the District taking the necessary steps to bring your property into compliance. Each day that this offence continues to exist past the deadline for compliance constitutes a separate and distinct offence. The costs for any works completed by the Municipality, can be recovered, if unpaid, with the same remedies as property taxes under Section 258(2), as authorized by Section 17(2) and 258(1)(c) of the Community Charter. The fees to determine this cost are set out in Schedule H "Nuisance Abatement Fees" of Fees and Charges Bylaw No. 3784. You may request that Fire Chief reconsider this Order by delivering your request in writing to the Fire Chief, at least seven days prior to the expiration of the time for compliance set out in this Order: - In-person: Municipal Office located at 7030 Trans-Canada Highway between regular business hours - By email to: [email protected] Inquiries should be directed to the Assistant Fire Chief (Fire Inspection Officer), Jason deJong, at 250.746.3276 or [email protected]. Date Fire Inspection Officer or Fire Chief Fire Protection Bylaw No. 3841, 2021 22 SCHEDULE D Fire Protection Bylaw No. 3841, 2021 District of North Cowichan, Fire and Bylaw Services 7030 Trans-Canada Highway, Duncan, BC V9L 6A1 Canada 250.746.3108 | [email protected] | www.northcowichan.ca EVACUATION ORDER This Order is issued pursuant to Fire Protection Bylaw No. 3841, 2021, Section 61, which authorizes the Fire Chief or Fire Inspection Officer to issue and Evacuation Order if the Fire Chief or Fire Inspection Officer believes there is an imminent and serious danger to life or property of the occupants or of a panic arising from a fire hazard or risk of explosion. By Order of the District of North Cowichan Fire Department, the building located at [civic address] and legally described as , (the "Premises") is order to be evacuated in accordance with Section 61 of Fire Protection Bylaw No. 3841, 2021 for the following reasons: NO PERSON shall enter this building without the authorization of the Fire Chief. Date Order was posted on the Premises: It is an offence to remove or deface this Order. This Order must be posted in a conspicuous on the property. Inquiries should be directed to the Assistant Fire Chief (Fire Inspection Officer), Jason deJong, at 250.746.3276 or [email protected]. Date Fire Inspection Officer or Fire Chief Fire Protection Bylaw No. 3841, 2021 23 SCHEDULE E OPEN BURNING PERMIT Fire Protection Bylaw No. 3841, 2021 District of North Cowichan, Fire and Bylaw Services 7030 Trans-Canada Highway, Duncan, BC V9L 6A1 Canada 250.746.3108 | [email protected] | www.northcowichan.ca Applicant Name: Civic Address: Home: Cell: Email: I am the property owner I am not the property owner (written permission of owner required) Personal information you provide on this form is collected pursuant to Section 26 of the Freedom of Information and Protection of Privacy Act and will only be used for the purpose of processing this Open Burning Permit application. Your personal information will not be released except in accordance with the Freedom of Information and Protection of Privacy Act. Questions about the collection of your personal information may be referred to the Information Management Officer ([email protected] or 250.746.3116). General Terms and Conditions This Open Air Burning Permits are valid for the following dates: March 15 through April 15, 20___ September 15 through November 30, 20___ and is subject to the following requirements: (1) fires must be located at least (i) 4 metres from all Buildings, Structures, and combustible and flammable materials, and (ii) 10 metres from all property lines; (2) fires must be during daylight hours only; (3) fires are restricted to only one hand-piled fire per property at a time; (4) fires must be smaller than 2 metres high by 2 metres wide; (5) proper fire-fighting equipment, including at least a shovel, rake and garden hose connected to a water source must be on hand and readily available in case of fire escape; (6) all material burned must (i) originate from the property where it is being burned, and (ii) consist only of untreated natural wood and brush. Permit Holder Acknowledgement I CERTIFY that I understand and will be guided by the provisions under Part 9 of the Fire Protection Bylaw No. 3841, 2021 and all applicable Provincial regulations and any conditions or restrictions imposed in the permit by the Fire Chief. I AGREE that I am responsible for the fires authorized by this permit and any damage or damages to a person or property caused by an uncontrolled fire and I AGREE to pay all costs of the North Cowichan Fire Department to extinguish a fire if the permit conditions or the Fire Protection Bylaw No. 3841, 2021 are violated or the fire is uncontrolled. Signature Date Permit Authorization Signature Date Fire Protection Bylaw No. 3841, 2021 24 SCHEDULE F PRIVATE FIRE HYDRANT SERVICE REPORT Fire Protection Bylaw No. 3841, 2021 District of North Cowichan, Fire and Bylaw Services 7030 Trans-Canada Highway, Duncan, BC V9L 6A1 Canada 250.746.3108 | [email protected] | www.northcowichan.ca Fire Protection Technician's Name: Owner's Name: Hydrant No.: Test Date: Location: Main Size: Flow Rate: Ports: Out of Service: Yes No Comments: Pressure: Make: Distance to isolation valve: Branch value operated: Yes No Service top end: Yes No Service bottom end: Yes No Service threads: Yes No Flushed out: Yes No Pressure tested: Yes No Greased: Yes No Drains properly: Yes No Painted: Yes No Weed eaten: Yes No Comments: Further work recommendation: Signature Date