Fire & Life Safety Bylaw No. 2004-57 (Consolidated 2020)
Penticton, British Columbia
· adopted 2004-07-19
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Fire and Life Safety Bylaw
Fire and Life Safety Bylaw No. 2004-57
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This is a consolidated bylaw prepared by The Corporation of the City of Penticton for convenience only. The city does not
warrant that the information contained in this consolidation is current. It is the responsibility of the person using this
consolidation to ensure that it accurately reflects current bylaw provisions.
THE CORPORATION OF THE CITY
OF PENTICTON
FIRE AND LIFE SAFETY BYLAW
NO. 2004-57
Consolidated for convenience only.
Amended by: Bylaw 2005-29
Amended by: Bylaw 2008-38
Amended by: Bylaw 2009-22
Amended by: Bylaw 2012-5035 -Sept. 17, 2012
Amended by: Bylaw 2013-5043-Feb 4/2013
Amended by: Bylaw 2015-10 - March 2, 2015
Amended by: Bylaw No. 2018-20 - May 8, 2018
Amended by: Bylaw No. 2019-43 - November 19, 2019
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THE CORPORATION OF THE CITY OF PENTICTON
BYLAW NO. 2004-57
A BYLAW OF THE CORPORATION OF
THE CITY OF PENTICTON
FIRE AND LIFE SAFETY BYLAW
That the Municipal Council of The Corporation of the City of Penticton in open
meeting assembled ENACTS as follows:
That Bylaw No. 91-44 and amendments thereto be and are hereby repealed except
insofar as they may repeal any other bylaw.
This Bylaw is divided into the following parts:
I
Title
II
Adoption of B.C. Fire Code Regulations
III
Definitions
IV
Fire Department
V
Permits
VI
Fire Protection and Life Safety
VII
Inspection of Premises
VIII
Fire Control
IX
Open Air Burning
X
Fireworks
XI
Wood Burning Appliances
XII
Dangerous Goods
XIII
Smoke Alarm Installation & Maintenance
XIV
Internal Fire Protection
XV
Reimbursement
XVI
Enforcement
XVII
Penalty
PART I TITLE
1.0
This Bylaw may be cited as the Fire and Life Safety Bylaw No. 2004-57.
PART II ADOPTION OF B.C. FIRE CODE REGULATIONS
2.0
That the B. C. Fire Code Regulations pursuant to the Fire Services Act, as
amended from time to time, are hereby adopted and made applicable within
the City.
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PART III DEFINITIONS
3.0
In this Bylaw, unless the context otherwise requires
"AGRICULTURAL PRUNINGS" (Bylaw 2019-43)
"APPARATUS" means any vehicle provided with machinery, devices,
equipment or materials of the Fire Department for fire fighting as well as
equipment used to transport fire fighters or supplies.
"APPROVAL" means approved and acceptable to the Fire Chief.
"B.C. BUILDING CODE" means the regulations made pursuant to Division 1
of Part 21 of the Local Government Act RSBC 1996 c. 323 and any
amendments thereto.
"B.C. FIRE CODE REGULATIONS" means the regulations made pursuant
to the Fire Services Act RSBC 1996 c. 144 and amendments thereto.
"BULK PLANTS" means that portion of a property where flammable or
combustible liquids are received in bulk quantities and are stored or handled
for the purpose of distributing such liquids by pipeline, tank, vessel, tank
vehicle or other container.
"CITY" means the Corporation of the City of Penticton or other areas in
which the Council has authorized the provision of services. (Bylaw 2015-10)
"CITY MANAGER" means the position of Chief Administrative Officer of the
Municipality as defined pursuant to the provisions of Section 147 of the
Community Charter and includes any person authorized in writing by the
City Manager to carry out a function under this bylaw.
"COMBUSTIBLE WOOD DUST" means the fine, dry wood particles that
are by-products of milling wood. (Bylaw No. 2018-20)
"COMMUNITY CHARTER" means Community Charter S.B.C. c. 26 and any
amendments thereto.
"DANGEROUS GOODS" means any product, substance or organism which
is of a highly combustible, flammable, or explosive nature, all as set out in
the B.C. Fire Code Regulations and the National Fire Protection Association
("N.F.P.A.") Codes and the Transportation of Dangerous Goods Act
R.S.B.C. 1996 c. 458 and any amendments thereto and any other material
which, because of the toxic or inherent characteristics, constitutes a fire
hazard or hazard to life, safety or health and without restricting the generality
of the foregoing the following classes:
Class 1
Explosives, including explosives as defined in the Explosives
Act R.S., c. E-15, S.1. and any amendments thereto
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Class 2
Gases, including compressed gases, liquified petroleum,
liquefied natural gas, liquefied or dissolved gases under
pressure.
Class 3
Flammable liquids and combustible liquids.
Class 4
Flammable solids, including substances liable to spontaneous
combustion; substances that on contact with water emit
flammable gases.
Class 5
Oxidizing substances including organic peroxides, chlorates,
nitrates.
Class 6
Poisonous (toxic) and infectious substances.
Class 7
Radioactive materials including prescribed substances within
the meaning of the Nuclear Energy Act R.S.,1985, c. A-16s.1,
1997 c. 9, s89 and amendments thereto.
Class 8
Corrosives.
Class 9
Miscellaneous Dangerous Goods or organisms not included in
any of the above classes.
"DIRECTOR OF OPERATIONS" means the Director of Operations of the
City and includes any person authorized in writing by the Director of
Operations to carry out a function under this bylaw.
"EQUIPMENT" means any tools, contrivances, devices or materials used by
the Fire Department to combat a fire or other emergency.
"EXPLOSION" means a rapid release of energy that may or may not be
preceded or followed by a fire, which produces a pressure wave or shock
wave in air and is usually accompanied by a loud noise.
"FIREWORKS" means a composition that burns energetically and, if
confined, explodes, and materials regulated in the Fireworks Manual,
Explosives Division of Minister of Natural Resources Canada as regulated
under the Explosives Act R.S., c. E-15, S.1. and amendments thereto.
"FIREWORKS MANUAL" means the publication of that name issued
pursuant to the Explosives Act.
"FIRE CHIEF" means the person appointed from time to time as the Chief of
the Fire Department by the Council of the City.
"FIRE DEPARTMENT" means the City Fire Department.
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"FIRE DEPARTMENT CONNECTION" means any building or premises
which has a sprinkler or standpipe system installed therein for internal fire
suppression purposes.
"FIRE SERVICES ACT" means RSBC 1996 c. 144 and amendments
thereto and Regulations made thereunder.
"FIRE SERVICES PERSONNEL" means person(s) employed by the Fire
Department.
"INSPECTOR" means any Fire Services Personnel authorized in writing by
the Fire Chief to act in such capacity.
"LOCAL GOVERNMENT ACT" means the Local Government Act R.S.B.C.
1996 c. 323 and amendments thereto.
"OCCUPIER" includes tenant, lessee, agent and any other person who has
the right or access to and control of a building or premises to which this
bylaw applies.
"OFFICER IN COMMAND" means the senior Fire Department member
present.
"OPACITY" (Bylaw 2019-43)
"ORDER" includes an Approval, a decision, a determination, a Permit, and
the exercise of a discretion made under the Fire Services Act, the B.C. Fire
Code Regulations, or this Bylaw.
"PERMIT" means a document issued by the Fire Chief pursuant to this
bylaw authorizing a person to carry on a procedure or undertaking, or to use,
store, or transport materials, under certain and specific conditions.
"PERMITTED WOOD BURNING APPLIANCE FUELS" means seasoned
untreated wood or manufactured products such as wood pellets and or fuel
logs retailed for use as a fuel in a solid fuel burning appliance.
"PRIVATE FIRE HYDRANT" means any fire hydrant located on private
property.
"PROHIBITED BURNING MATERIALS" as listed in the Waste Discharge
Regulation, means the burning, partial burning or incineration of one or
more of the following:
(a) animal carcasses and waste from animal slaughtering;
(b) asphalt or asphalt products;
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(c) batteries;
(d) biomedical waste;
(e) carpets;
(f) construction waste other than lumber that has not been treated
with wood preservatives or other chemicals and is not coated
with paint, varnish, oil or other finishing material;
(g) demolition waste;
(h) drywall;
(i) domestic waste;
(j) electrical wire;
(k) fibreglass and other fibre-reinforced polymers;
(l) fuel and lubricant containers;
(m) furniture and appliances;
(n) hazardous waste;
(o) manure;
(p) paint and varnish;
(q) plastics;
(r) polystyrene foam;
(s) railway ties;
(t) rubber;
u) tar paper;
(v) tires;
(w) treated or painted wood products;
(x) used oil.
(Bylaw 2019-43)
"RESTRICTED DISTRICTS" means an area referred to in paragraph 8.09
herein.
"SPECIAL PERMIT" means a Permit issued pursuant to paragraph 9.06.
"VACANT BUILDING" means a building or structure, which is without lawful
resident or occupant or which is not being put to lawful commercial,
residential, or industrial use for a continuous use period of over forty-five (45)
days within a consecutive sixty (60) day period or which, may be unoccupied
and unsecured; occupied and secured by boarding or other similar means;
unoccupied and deemed a nuisance or hazardous building or structure or no
longer hold a valid burning permit".
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"VEGETATIVE DEBRIS" means disturbed or undisturbed vegetative
matter targeted for disposal.
(Bylaw 2019-43)
"VENTING INDEX" means the forecast ventilation index prepared using
Environment Canada data and approved by the British Columbia Ministry of
Forests.
"WOOD BURNING APPLIANCE" means a solid fuel burning device
including, without limitations, a stove, fireplace or fireplace insert.
PART IV FIRE DEPARTMENT
4.01
Establishment of Fire Department
A department for the City known as the Penticton Fire Department is
established and is continued as a Fire Department pursuant to Section 8 of
the Community Charter.
4.02
Authorization
The Fire Department is authorized to:
(a)
take all reasonable measures to prevent, control and extinguish fires.
(b)
provide assistance in response to:
i)
medical emergencies,
ii)
land and water rescue operations,
iii)
requests from other fire services,
iv)
Dangerous Goods incidents, and
v)
requests for public service.
4.03
Fire Chief
The head of the Fire Department is the Fire Chief who is responsible to the
City Manager for the efficient management of the Fire Department and the
condition of all buildings, Apparatus and Equipment under the Fire Chief's
control.
4.04
Power and Duties of the Fire Chief
The Fire Chief shall manage, control and supervise the Fire Department and
have care, custody and control of all buildings Apparatus and Equipment,
and be responsible for
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(a)
making such rules and regulations for the proper and efficient
administration and operation of the Fire Department and for the
discipline of Fire Services Personnel and may, from time to time,
but subject always to the provisions of the Fire Services Act, vary,
alter or repeal the rules or regulations. All rules and regulations
shall be complied with by all Fire Services Personnel and any
failure to comply with the rules and regulations as determined by
the Fire Chief;
(b)
taking all necessary and proper measures to prevent, control and
extinguish fire for the protection of life and property;
(c)
enforcing all City bylaws respecting fire prevention;
(d)
enquiring into, investigating and recording the cause of, all fires in the
City;
(e)
collecting and disseminating information in regard to fires in the City
including investigating conditions under which fires are likely to occur,
studying methods of fire prevention, rendering advice, and making
recommendations in regard to:
(i)
the establishment and administration of the Fire Department,
(ii)
the provisions of adequate water supplies for fire protection,
(iii)
the installation and maintenance of automatic or other fire
alarm systems and fire extinguishment Equipment,
(iv)
the enforcement of measures for the prevention of fire or the
protection of life and property against fire,
(v)
the prevention of fires generally,
(vi)
the establishment and implementation of an emergency
operations plan,
(f)
With the consent of the City Manager, appointing such Fire
Inspectors as may be authorized;
(g)
Taking all reasonable, necessary and proper measures to provide for
rescue and medical emergency responses as required;
(h)
Providing fire alarm monitoring service as required;
(i)
Managing contracts with other jurisdictions and private industry as
required, including the provision of any of the services contemplated
in this Bylaw outside the municipality. (Bylaw 2015-10)
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(j)
Pursuant to the provisions of the Community Charter exercise some
or all of the powers of the Fire Commissioner under Section 25 of the
Fire Services Act.
PART V PERMITS
5.01
Issuance of Permits
(a)
A Permit, when issued, shall constitute permission to maintain, store,
or handle materials, or to conduct processes, which may produce
conditions hazardous to life or property, or to install Equipment used
in connection with such activities.
(b)
A Permit does not take the place of any licence required by law.
(c)
A Permit shall not be transferable and any change in occupancy or
use of a building or premises shall require a new Permit.
(d)
Before a Permit may be issued, the Fire Chief may inspect and
approve the receptacles, vehicles, buildings, property or storage
places to be used.
(e)
In cases where laws or regulations, including bylaws enforceable by
departments other than the Fire Department, are applicable, Approval
shall be obtained from all departments concerned.
5.02
Permit Requirements;
A Permit shall be required:
(a)
In compliance with the B. C. Fire Code Regulations and more
particularly the "Flammable and Combustible Liquids" section thereof;
(b)
In compliance with the "Open Air Fire" restrictions as set out in Part
IX of this bylaw;
(c)
In compliance with the "Fire Works" restrictions as set out in Part X of
this bylaw.
5.03
Permit Application
The application for a Permit shall be made in the form prescribed by the Fire
Chief and satisfy at least the following requirements:
(a)
the signature of the applicant;
(b)
a statement of the intended use and occupancy showing:
(i)
the dimensions of the building and its location,
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(ii)
the proposed use of each room or floor area,
(iii)
fire protection installations, including portable extinguishers'
fire alarms and detectors,
(iv)
means of egress,
(v)
a plot plan showing the location of all flammable liquid tanks
and pumps in relation to buildings and property lines,
(vi)
a plot plan showing the location of public fire works display
including adjacent properties that may be affected.
5.04
Permit Fees
The fees payable for a Permit shall be payable as determined by the City's
Fees and Charges Bylaw and shall be paid to the City by all applicants for
any Permit required by this bylaw, or the B.C. Fire Code Regulations and for
inspection of any work or thing for which the said Permit is required including
the following:
(a)
For any installation of compressed gas systems, gasoline tanks, oil
tanks, diesel tanks, dispensing pump or refuelling station:
2,300 L
(500 I.G.) *
2,301 - 4,600 L
(501 - 1,000 I.G.) *
4,601 - 23,000 L
(1,001 - 5,000 I.G.) *
23,001 - 46,000 L
(5,001 - 10,000 I.G.) *
46,001 - 115,000 L
(10,001 - 25,000 I.G.) *
115,001 - 230,000 L
(25,001 - 50,000 I.G.) *
230,001 - 460,000 L
(50,001 - 100,000 I.G.) *
460,001 - 920,000 L
(100,001 - 200,000 I.G.) *
920,001 - 2,300,000 L
(200,001 - 500,000 I.G.) *
(b)
For each dispensing pump;
(c)
For inspections and installation of domestic and commercial oil
burners;
(d)
For each domestic installation;
(e)
For each commercial installation;
(f)
For each "Public Fire Works display" Permit;
(g)
For each "open air burning" Permit
where a site inspection is required;
(h)
For each site inspection;
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(i)
For each Special Permit;
(j)
For each Burning Permit.
5.05
Issuing and Posting of Permits
(a)
The Fire Chief may issue a Permit where:
(i)
an application is made in the form prescribed,
(ii)
the proposed use or occupancy conforms with applicable
bylaws, codes and regulations, and
(iii)
the Permit fee has been paid.
(b)
The Fire Chief may revoke a Permit where there is a violation of:
(i)
any condition under which the Permit was issued, or
(ii)
any requirement of this bylaw, codes or regulations.
(c)
This bylaw shall not be construed to hold the City responsible for any
damage to persons or property by reason of:
(i)
inspections authorized by this bylaw,
(ii)
the failure to carry out an inspection,
(iii)
a Permit issued as herein provided, or
(iv)
the Approval or disapproval of any Equipment authorized by
this bylaw.
(d)
Permits and licences shall be posted upon the building or premises
described therein and made available for inspection by the Fire Chief.
PART VI FIRE PROTECTION AND LIFE SAFETY
6.01
Evacuation
If an emergency arising from a fire, fire hazard, toxic chemical spill or from a
risk of Explosion or any other emergency with respect to life or safety,
causes the Officer in Command to be apprehensive of imminent and serious
danger to life or property, the Officer in Charge may immediately take the
steps the Officer in Charge deems necessary or advisable to remove the
hazard or risk. The Officer in Charge may Order the evacuation of a building
or area and may call upon the police or such other personnel as may be
required to assist and provide security to the evacuated area.
6.02
Removal of Fire Hazards
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Whenever, in or upon any building or premises, there exists any material of
a flammable, combustible or explosive nature, or any dangerous or
unnecessary accumulation of waste materials or litter or vegetation of a
nature which constitutes a fire hazard and any such material is so situated in
the opinion of the Fire Chief as to endanger life or property or to obstruct
ingress or egress from the building or premises in the case of fire, or which
may interfere with the operations of the Fire Department, or where any other
conditions exist which are considered by the Fire Chief to be a fire hazard,
the owner or Occupier of the building or premises shall forthwith, upon the
Order of the Fire Chief, have the said material removed, disposed of or
otherwise dealt with in accordance with the Order.
6.03
Forests
Where, in the opinion of the Fire Chief, the safety of life or property in any
area within the City is endangered through the hazardous condition of the
forest cover or the occurrence or spread of fire in any forest or woodland, the
Fire Chief may, by Order in writing signed by him, declare that area a closed
area for such period or periods of time as the Fire Chief may determine and
may further declare that no unauthorized person(s) may enter or be therein
and no operations of any class specified in the Order may be carried out
within the closed area.
6.04
Safety of Forests
Where the safety of forests, woodland, timber or other property is
endangered by debris caused by lumbering, land clearing or industrial
operations, the person carrying on, or who has carried on, the operation or
the owner/Occupier of the land on which the debris exists, shall dispose of
the debris by burning or removal and shall cut down all dead standing trees
and stumps within the areas affected and shall provide the labour and take
the precautions to prevent the escape of fire or damage to property as
directed by the Fire Chief.
6.05
False Alarms
No person shall, without reasonable cause, make or circulate or cause to be
made or circulated, any alarm of fire by outcry, ringing of bells or otherwise.
6.06
Access to Fire Hydrants and Fire Department Connection
No person shall place or maintain any object or matter adjacent to a building
on a sidewalk or street which interferes with free access or approach to any
fire hydrant or Fire Department Connection.
6.07
Vacant Buildings
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The owner of any vacant building shall register the building and or conform
to the regulations prescribed within Section 7.8 of the City's Good Neighbour
Bylaw 2012-5030 and any amendments thereto.
6.08
Fire Damaged Buildings
(a)
The owner of any fire damaged building shall register the building and
or conform to the regulation prescribed within Section 7.8 of the City's
Good Neighbour Bylaw 2012-5030 and any amendments thereto.
(b)
In the event the owner fails to comply as aforementioned, then the
Fire Chief or Bylaw Enforcement Officer may cause the same to be
done at the expense of the owner and the costs thereof shall be
recoverable by the City as prescribed in Sections 7.29 and 7.30 of the
Good Neighbour Bylaw 2012-5030 and any amendments thereto.
6.09
Fire Doors and Shutters
Where doors or shutters are installed in a building to prevent the spread of
fire, those doors or shutters, inclusive of hardware, shall at all times be kept
and maintained in good repair and working order and shall not be blocked or
wedged open.
6.10
Elevator Shafts
No person shall store, place, keep, maintain or Permit to be stored, placed,
kept or maintained in any part of an elevator shaft in a building, any
Dangerous Goods and provided further the well of an elevator shaft shall, at
all times, be kept clean and free from rubbish, litter, and flammable
substances.
6.11
Ventilating Shafts
No person shall use a ventilating shaft for a purpose other than ventilation.
6.12
Chimneys, Flues and Vents
(a)
The owner or Occupier of a building or premises shall cause every
chimney flue and chimney connector to be cleaned of all
accumulation of debris as often as may be necessary to keep the
chimney and chimney connector free from danger of fire.
(b)
A chimney, flue, or stack, and any metal extension thereof shall be
maintained in a safe condition.
6.13
Disposition of Combustible Material
(a)
No person shall deposit, or Permit to be deposited, any greasy or oily
rags or other things liable to spontaneous heating, within one metre
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of a combustible wall, partition, fence, floor or sidewalk or within one
metre of lumber, hay, shavings, rubbish, fuel or other combustible or
flammable materials, unless those rags or other things are deposited
in a non-combustible receptacle.
(b)
An occupant of a building or premises who makes, stores or uses
shavings, excelsior, rubbish, sacks, bags, litter, hay, straw,
wastepaper or other combustible or flammable material shall, at the
close of each day, compactly bale or stack such material in a fire-safe
manner or store it in non-combustible receptacles.
6.14
Disposal of Ashes
(a)
No person shall deposit, or allow or cause to be deposited, ashes
from a fire box or ash pit within one metre of a combustible wall,
partition, fence, floor or sidewalk or within one metre of lumber, hay,
shavings, rubbish, fuel or combustible material.
(b)
All ashes shall be deposited in a non-combustible receptacle.
(c)
No person shall deposit or allow or cause to be deposited paper,
straw, hay, shavings or other combustible or flammable matter in or
among ashes or other matter taken from a stove, furnace or fireplace
or other similar device.
6.15
Private Hydrant and Water Supply Systems on Private Property
(a)
All water supply systems on private property (excluding Bareland
Strata Developments, who shall comply with standards generally
accepted as good engineering practice) shall conform to the City
specifications in the Subdivision and Development Bylaw and be
installed to be capable of providing adequate water for fire fighting
purposes as determined through reference to Best Engineering
Practice Standards as recognized by the BC Building Code. With
respect to the quantity and flow for fire fighting, Table 3.2 of Section
00100 - Water Systems - Design Criteria of the Subdivision and
Development Bylaw 2004-81 shall apply.
(b)
Prior to the construction of any new private water supply system or
the extension to an existing private water supply system, the
applicant must submit a plan to the Fire Chief and the Director of
Operations for Approval.
(c)
The owner or Occupier of a building under construction shall:
(i)
provide roads finished to a minimum of good compacted
gravel for adequate access for Apparatus, and
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(ii)
provide a water supply system for fire protection as soon as
practical as may be determined by the Fire Chief and the
Director of Operations, and
(iii)
notify the Fire Department of all newly installed Private Fire
Hydrants.
(d)
Private Fire Hydrants shall be maintained in good operating condition.
(e)
Private Fire Hydrants shall be inspected and maintained in
accordance with the B.C. Fire Code Regulations.
(f)
Records of maintenance of all Private Fire Hydrants shall be
forwarded annually to the office of the Fire Chief.
(g)
Private Fire Hydrants shall be painted in compliance with the National
Fire Protection Association publication "Marking of Hydrants".
(h)
All installations of Private Fire Hydrants or private water systems shall
be designed and supervised by a civil engineer who is a member in
good standing of the Association of Professional Engineers and
Geologists of British Columbia.
(i)
During construction, servicing, or repairs to a Private Fire Hydrant or
water supply systems on private property within a subdivision, the
owner or Occupier shall immediately notify the Fire Department of all
Private Fire Hydrant conditions or water supply systems on private
property which may affect fire safety, including fire hydrants which are
temporarily out of service or experiencing low water volumes or low
water pressures.
(j)
Bulk Plants shall be provided with fire hydrants and a water supply
with pressure and quantity adequate to meet the probable fire
demands as determined by the Fire Chief from time to time.
6.16
Buildings
(a)
Fire protection Equipment:
i)
is required for the protection of any building or occupancy,
ii)
shall meet the standards of the B.C. Building Code, B.C. Fire
Code Regulations and any other code or bylaw adopted by the
City,
iii)
shall be installed in accordance with good engineering
practices, and be placed in a location satisfactory to the Fire
Chief.
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(b)
Notwithstanding the absence of specific regulations, codes or bylaws,
good engineering practices shall be observed in the development and
maintenance of buildings, water supply systems, fire protection
systems and means of access for Fire Department Apparatus and
Equipment to the satisfaction of the Fire Chief.
6.17
Standards of Work
The Fire Chief may require that any construction, installation, repair or
replacement to any fire or suppression Equipment or system shall be done
in conformity with higher standards than prescribed in the B.C. Building
Code, the B.C. Fire Code Regulations or this bylaw if, the Fire Chief deems
that such higher standards are reasonable and necessary in the interest of
safety.
6.18
Rejection of Work
The Fire Chief may, after the examination of the fire or suppression
Equipment referred to in paragraph 6.17 herein issue a written rejection,
which shall have the same force and effect as an Order issued under Part
XVI.
6.19
Dangerous Goods
(a)
All Dangerous Goods shall be moved in compliance with the
Transportation of Dangerous Goods Act, R.S. 1992 c. 34 and any
amendments thereto.
(b)
The storage and handling of all hazardous materials shall be done in
compliance with the British Columbia Fire Code Regulations.
(c)
Where, in the opinion of the Fire Chief, a discharge, emission or
escape of Dangerous Goods has occurred and immediate action is
necessary for the protection of the public, the Fire Chief may require
that any action be taken by any person the Fire Chief considers
qualified to do so, or take action himself to eliminate or contain the
danger.
6.20
Fire Alarm Maintenance
Every owner or Occupier of buildings or premises shall ensure the fire
alarms therein are maintained and tested in accordance with the B.C. Fire
Code Regulations.
6.21
Emergency Lighting Maintenance
Every owner or Occupier of buildings or premises shall ensure that the
emergency lighting, exit lighting and exit signs therein shall be maintained in
operating condition.
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6.22
Yards and Roadways Maintenance
Every owner or Occupier of buildings or premises shall ensure streets, yards
and private roadways provide for Fire Department access and such access
shall be maintained so as to be ready for use at all times by Apparatus.
6.23
Commercial Cooking Equipment
Every owner or Occupier of buildings or premises shall ensure commercial
cooking equipment, exhaust and fire protection systems shall be installed
and maintained in conformance with N.F.P.A. 96 - Standard for Ventilation
Control and Fire Protection of Commercial Cooking.
6.24 Maintenance of Portable Extinguishers
Every owner or Occupier of buildings or premises shall ensure selection,
inspection, testing and maintenance of portable extinguishers shall be in
conformance with N.F.P.A. 10 - Standard for Portable Fire Extinguishers.
6.25
Means of Egress
Every owner or Occupier of buildings or premises shall maintain and ensure
means of egress therefrom shall be maintained in good repair and free from
obstructions.
6.26
Exit Door Hardware
Every owner or Occupier of buildings or premises shall ensure that exit door
hardware shall be maintained in good repair and free to open.
6.27
Fire Safety Plans
Every owner or Occupier of buildings or premises shall ensure fire safety
plans shall be provided and maintained as required by the B.C. Fire Code
Regulations.
6.28
Flammable and Combustible Liquids
Every owner or Occupier of buildings or premises shall ensure flammable
and combustible liquids shall be stored, handled and transported in
accordance with the B.C. Fire Code Regulations.
6.29
Wood Dust Producing Operations
Wood dust producing operations must meet the fire safety planning
requirements of the BC Fire Code.
Prior to a new business license being issued and/or upon inspection and
request of the Fire Department or Business Licence Inspector, wood dust
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producing operations must provide a Fire Safety Plan that is acceptable to
the Fire Department.
The fire safety plan will reflect the unique characteristics of the building
and the wood dust producing operation it contains and will also consider
the available firefighting services such as hydrant, sprinkler and access
route. (Bylaw No. 2018-20)
PART VII INSPECTION OF PREMISES
7.01
Review of Plans
The Fire Chief shall review and approve the plans and inspect the
construction of all new buildings and structures in the City other than
single-family dwellings, in order to establish that the fire protection facilities
and Equipment are in compliance with all applicable regulations, this bylaw,
codes and standards.
7.02
Right to Inspect
The Fire Chief and each member of the Fire Department is hereby
authorized to enter upon any property at all reasonable times in order to
ascertain whether the requirements or directions under this bylaw, the Fire
Services Act or its regulations are being obeyed in addition to the powers
vested in them by the Fire Services Act and are hereby authorized and
empowered to inspect property and premises for conditions which may
cause fire or increase the danger of a fire or increase the danger to persons
and to deal with any matter within the scope of the Fire Services Act in a
manner not repugnant to any provision of the Fire Services Act or
regulations there under.
7.03
Assistance in Inspection
The owner or Occupier of a building or property or any other person having
knowledge of the building or property shall, upon request, give to an
Inspector who is carrying out an inspection of the building or property, such
assistance as may required in carrying out the inspection.
7.04
Entry for Inspection
Every owner or Occupier of a building or property shall provide all
information and render all assistance required by the Fire Chief or any
member of the Fire Department pursuant to this bylaw. No person shall
purposely withhold or falsify any information required by the Fire Chief or
any member of the Fire Department.
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7.05
Special Authorization
Each member appointed by the Fire Chief is authorized to carry out the
inspection and functions of the Local Assistant under Part 2 of the Fire
Services Act.
7.06 Obstructions
No person shall obstruct or interfere with the Fire Chief or any member of
the Fire Department while carrying out any inspection pursuant to this bylaw.
PART VIII FIRE CONTROL
8.01
Assistance of Public
The Fire Chief or Officer in Command may require any person at or near any
fire to assist in fighting the fire, and in preserving property threatened by any
such fire.
8.02
No Obstruction at Fire
No person shall impede, hinder or obstruct the extinguishment of a fire and
any person who fails to comply with the Order or direction of any Fire
Services Personnel engaged or about to be engaged in the extinguishment
of a fire, shall be liable to the penalties provided herein and any such person
may be forcibly removed from the scene of such fire by a police officer or
Fire Services Personnel.
8.03
Entry Upon Premises
No person shall refuse to Permit any Fire Services Personnel, Apparatus or
Equipment to enter into or upon any building or premises from which an
alarm of fire has been received, or in or upon which such Fire Services
Personnel has reasonable grounds to suspect that a fire exists.
8.04
Prevention of Fire Spread
The Fire Chief or Officer in Command may take measures to prevent and
suppress fires, including the demolition of buildings and other structures to
prevent the spreading of fire.
8.05
Investigation of Fire Scene
No person shall impede, hinder or obstruct any Fire Services Personnel from
entering at any time to examine a building, premises, motor vehicle or vessel
where a fire has occurred or any building or premises adjoining or near the
fire for the purpose of investigating the fire.
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8.06
Duty to Furnish Information
Every owner or Occupier, and every person residing or employed at, a
building or premises, motor vehicle or vessel where a fire occurs, shall
furnish, at the request of the Officer in Command, such information he might
have relating to a fire or to the property destroyed or damaged by fire.
8.07
Breaking Blockade
Except the police and members of the Fire Services Personnel no person
shall enter any burning building, or any part thereof, fire scene or other
restricted area without permission of the Fire Chief.
8.08
Entry on Adjacent Premises
The Fire Chief or any Officer in Command at a fire or emergency, is
empowered to enter, pass through or over buildings or property adjacent to
a fire or emergency and to cause members of the Fire Service Personnel,
Apparatus and Equipment to enter or pass through or over buildings or
property, where he deems it necessary to gain access to the fire or
emergency to protect any person or property.
8.09
Restricted Districts
Where the Fire Chief, in consultation with the British Columbia Ministry of
Forests - Forest Service, considers that life or property is endangered by
hazardous fire conditions, by occurrence or spread of a fire in a forest area,
or by activities within a forest area, the Fire Chief may, in a notice published
or broadcasted, or both, in or near the area, Order that:
(a)
after a date specified in a notice, until an Order is made under this
bylaw, the area is deemed to be a Restricted District;
(b)
after a date specified in the aforesaid notice, the area is no longer
deemed to be a Restricted District
No person shall, other than with the written consent of the Fire Chief,
(a)
enter or be within the Restricted District for a purpose prohibited in an
Order; or
(b)
carry on, in, or within one (1) km of a forest in the Restricted District,
industrial or other operations of a kind prohibited in an Order.
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PART IX OPEN AIR BURNING AND MISCELLANEOUS
9.01
Burning Without a Permit
No person shall light, ignite, start or allow or cause to be lighted, ignited, or
started, an outdoor fire of any kind, or for any purpose except as follows:
(a)
the operation of a permanent or portable outdoor barbecue intended
for, and used solely for, the preparation of food using briquettes,
propane or natural gas, is permitted;
(b)
the operation of a permanent outdoor fireplace, equipped with a spark
arrestor and approved by the Fire Chief, is permitted; and
(c)
burning of fires for the Fire Department training exercises is
permitted.
(d)
The operation of City fire pits on Okanagan Lake and Skaha Lake
beaches, using seasoned wood, is permitted for personal warmth and
the preparation of food.
9.02
Validity of Permit
The validity of any Permit shall be in writing and is valid only for the purpose
stated and for the period of time set out in the Permit.
9.03
Issuing
Where the Fire Chief deems it expedient to do so and where, in his
consideration, hazardous conditions exist, The Fire Chief may refuse, cancel
or suspend any Permit and/or restrict for such time as the Fire Chief may
deem necessary, any and all outdoor burning.
9.04
Burning Permits
The Fire Chief may issue a Permit to the owner or Occupier of land for the
authorized outdoor burning of Vegetative Debris in conjunction with Open
Burning Smoke Control Regulation and if the following conditions are met:
(Bylaw 2019-43)
(a)
Every reasonable alternative for reducing, reusing or recycling has
been pursued to minimize the amount of Vegetative Debris to be
burned;
(Bylaw 2019-43)
(b)
Permit holders must contact the Fire Department for permission
before lighting the fire. Burning permission is granted at the
discretion of the Fire Chief and is only permitted on days when the
Venting Index is 55 or greater;
(Bylaw 2019-43)
(c)
The open burning is on land of 1 hectare (2.2 acres) or greater;
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(d)
The material to be open burned is on the parcel of land from which it
originated;
(e)
Prohibited Burning Materials cannot be burned;
(f)
All burning shall be conducted and concluded between dawn and
dusk of the same day;
(g)
A competent adult person will be in charge of the fire at all times while
it is burning or smouldering and shall have sufficient appliances and
Equipment in order to prevent the fire from burning out of control or
causing damage or becoming dangerous;
(h)
To owners of property less than 1 hectare (2.2 acres) zoned
Agriculture as defined in the City of Penticton Zoning Bylaw #87-65
after a site inspection has been completed by Fire Services
Personnel.
9.05 Special Permit Required
The Fire Chief may issue a Special Permit for open burning when the
conditions are met as per:
a)
Open Burning Smoke Control Regulation - PART 3 - SPECIFIC
REQUIREMENTS FOR OPEN BURNING - Division 2 - Plans For
Community Wildfire Risk Reduction
b)
Open Burning Smoke Control Regulation - PART 3 - SPECIFIC
REQUIREMENTS FOR OPEN BURNING - Division 3 - Diseased
Vegetative Debris
c)
Open Burning Smoke Control Regulation - PART 3 - SPECIFIC
REQUIREMENTS FOR OPEN BURNING - Division 4 - Dry Land
Sort Areas
d)
Open Burning Smoke Control Regulation - PART 3 - SPECIFIC
REQUIREMENTS FOR OPEN BURNING - Division 5 - Air Curtain
Incinerators
(Bylaw 2019-43)
9.06 Special Permit Conditions:
Special Permit Conditions are restricted as follows:
(a)
Prohibited Burning Materials cannot be burned;
(b)
All burning shall be conducted and concluded between dawn and
dusk the same day unless noted on the Special Permit by the Fire
Chief;
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(c)
A competent adult person shall be in charge of the fire at all times
while it is burning or smouldering and shall have sufficient appliances
and Equipment in order to prevent the fire from burning out of control
or causing damage or becoming dangerous.
9.07 Land Clearing Debris
(Bylaw 2019-43)
9.08
Commercial Incinerator
(a)
Where, in the opinion of the Fire Chief, any commercial incinerator is
likely to create or become a fire hazard due to damage, deterioration,
lack of maintenance, construction or location, the Fire Chief may:
(i)
direct the owner of the commercial incinerator to alter,
renovate, repair, replace or relocate the incinerator, or
(ii)
Order the owner of the commercial incinerator to discontinue
its use.
(b)
The owner of any commercial incinerator shall comply with the
direction of the Order of the Fire Chief.
9.09
Smoke Standards
A person who carries on open burning must ensure that all reasonable
efforts are taken to minimize the amount of smoke emitted by the open
burning, as outlined in the Open Burning Smoke Control Regulation and
the City of Penticton Good Neighbour Bylaw. (Bylaw 2019-43)
9.10
Fire Chief May Authorize Fire
The Fire Chief may, by issuing a Permit, authorize a person to ignite or
maintain a fire at a time or place which is prohibited by a regulation
contained in this bylaw.
PART X FIRE WORKS
10.01 Restrictions
No person shall manufacture, discharge, sell or dispose of any Fireworks
within the City, except pursuant to Permit issued by the Fire Chief.
10.02 Permit
(a)
The Fire Chief may issue a Permit to discharge "Low Hazard"
Fireworks as defined in the "Fireworks Display Manual" to an
individual or organization for a specific event or occasion.
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(b)
The Fire Chief may issue a Permit to discharge "High Hazard"
Fireworks as defined and regulated in the "Fireworks Display
Manual", for public display and for a specific event or occasion.
10.03 Conditions
(a)
An organization, in order to discharge Fireworks and to obtain a
Permit, must appoint a Fireworks supervisor who would have
complete authority over and be responsible for all safety features at
the Fireworks display.
(b)
Written permission must be obtained from the owner or Occupier of
the land on which the Fireworks will be prepared or set off, as well as
all neighbouring lands upon which debris may reasonably be
expected to fall, and such written permission shall be filed with the
Fire Chief.
(c)
No person shall discharge any Fireworks on any street in the City.
PART XI WOOD BURNING APPLIANCES
11.01 Only Permitted Wood Burning Appliance Fuels may be burned in a Wood
Burning Appliance.
PART XII DANGEROUS GOODS
12.01 Safe Handling of Dangerous Goods
Where the Fire Chief or Officer in Command is satisfied on reasonable and
probable grounds that a discharge, emission or escape of Dangerous Goods
has occurred and that immediate action is necessary in order to carry out
reasonable and emergency measures, the Fire Chief or Officer in Command
may request such measures be taken by any person considered qualified to
do so.
12.02 Explosion Or Potential Explosion
It is the duty of any Occupier or if none, the owner of the property, building,
premises, motor vehicle, or vessel to report immediately to Fire Services
Personnel when an Explosion, discharge, emission, escape, or spill of
Dangerous Goods occurs and to similarly report to Fire Services Personnel
where the potential for an Explosion or discharge, emission, escape or spill
of Dangerous Goods by reason of unusual or abnormal circumstances.
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PART XIII SMOKE ALARM INSTALLATION AND MAINTENANCE
13.01 In this part
(a)
"Building" means any structure used or intended for supporting or
sheltering any use of occupancy;
(b)
"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;
(c)
"Suite" means a single room or series of rooms of complementary
use occupied under a single tenancy and includes individual
guestrooms in motels, hotels, boarding houses, rooming houses,
dormitories and bed and breakfasts;
(d)
"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;
(e)
"Occupancy" means the use or intended use of a building or part
thereof for the shelter or support of persons, animals or property;
(f)
"Occupant" means the resident owner, lessee, licensee or tenant of
any building to which any of the provisions of this Part apply;
(g)
"Smoke Alarm" means a combined smoke detector and audible alarm
device designed to sound an alarm within the dwelling unit, suite or
room in which it is located upon the detection of smoke within that
room.
13.02 The owner of every Building shall ensure that Smoke Alarms are installed
and maintained in every Dwelling Unit or Suite and in each sleeping room
not within a Dwelling Unit, pursuant to 13.04 below, except for Institutional
Occupancy which is required to have a fire alarm system.
13.03 The Occupant shall test the Smoke Alarm in compliance with the
manufacturer's recommendation, within the Dwelling Unit, Suite or sleeping
room not less than every six months to ensure that the Smoke Alarm is
functioning correctly. If the Occupant finds the Smoke Alarm is not
functioning correctly, the Occupant, if he is not the Owner, shall inform the
Owner immediately of becoming aware of the failure and the Owner shall
forthwith, or as soon as is reasonably practical, repair or replace the Smoke
Alarm.
13.04 Each Smoke Alarm required under this Part shall conform to the Canada
Fire Code and specifically CAN/ULC-S531-M87, Standard for Smoke
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Alarms and shall be installed and maintained in conformance with Canada
Fire Code CAN/ULC-S553-M86, Standard for the Installation of Smoke
Alarms. Smoke Alarms required for motels, hotels, boarding houses,
rooming houses, dormitories and bed and breakfasts shall in addition be
installed in accordance with Section 9.10.18 of the B. C. Building Code and
amendments thereto.
PART XIV INTERNAL FIRE PROTECTION
14.01 Renovations or Alterations
Where an owner of a multi-residential building over two stories in height
which requires a fire alarm system pursuant to the B. C. Building Code,
carries out or causes to carry out renovations or alterations to a building
where the total cost of the renovation or alteration, together with any other
renovation or alteration within a 24 month period, exceeds 25% of the actual
value of the building as determined by the B.C. Assessment Authority, the
owner shall install an automatic sprinkler system throughout the entire
building.
14.02 Deficient Fire Separation and/or Smoke Control
Any existing multi-residential building over two stories in height which
requires a fire alarm system pursuant to the B. C. Building Code that is
deficient in fire separations and/or smoke control, shall install an automatic
sprinkler system throughout the entire building.
14.03 All automatic sprinkler systems shall comply and be installed in accordance
with the requirements of the NFPA 13 - Standard for Installation of Sprinkler
Systems and NFPA 13(R) - Standard for Installation of Sprinkler Systems
and Residential Occupancies Up To and Including Four Stories in Height
and amendments thereto.
PART XV REIMBURSEMENT
15.01 In addition to the penalties which may be imposed under Part XVII of this
bylaw, any person who breaches the provisos of this bylaw and thereby
causes the City any direct or indirect expense shall, on demand by the City,
reimburse the City for such expense. The Fire Chief may certify the
expense actually and necessarily incurred to City Manager of the City who
shall pay the expense out of general revenue, and when so paid, such
expense forms a special lien pursuant to Section 259(1) of the Community
Charter on the lands and improvements in favour of the City and shall, for all
purposes, be delinquent taxes on the land and improvements under the
Local Government Act from the date of payment thereof and shall be
recoverable pursuant to the provisions of the Community Charter/Local
Government Act.
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PART XVI ENFORCEMENT
16.01 Issuance of Order
(a)
If an Inspector finds that any provision of this bylaw has been
contravened or has not been complied with, or has been complied
with improperly or only in part, or that conditions exist in or upon a
building or property to which the bylaw applies and which, in the
Inspector's opinion, constitutes a fire hazard or otherwise constitutes
a hazard to life or property, the Inspector may make such Order to
ensure full and proper compliance with this bylaw and in particular,
but without limiting the generality of the foregoing, the Inspector may:
(i)
require the owner or Occupier of such building or property to
take such action as may be deemed necessary to remedy the
contravention of this bylaw or to ensure compliance with this
bylaw or to remove the hazard, or
(ii)
make such Orders as may be deemed necessary with respect
to any matter referred to in this bylaw.
(b)
An Order made under this bylaw shall be in writing and shall be
directed to either the owner or Occupier of the building or property in
respect of which the Order is made or to both.
16.02 Failure to Comply
Where an owner or Occupier fails to comply with any Order under this
section, the Director of Operations may, at the expense of the owner or
Occupier, remedy the non-compliance as required by the Fire Chief.
16.03 Service of Order
An Order made under the bylaw shall be served by:
(a)
delivering it or causing it to be delivered to the person to whom it is
directed; or
(b)
mailing the Order by express mail to the address of the registered
owner as shown on the records of the Kamloops Land Title Office; or
(c)
by posting a copy of it in a conspicuous place on the building or
property if the person to whom it is directed cannot be found, is not
known or refuses to accept service of the Order.
16.04 Removal of Order
If an Order has been posted in accordance with the previous section no
person may remove, deface or destroy the Order.
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PART XVII PENALTY
17.01 A person commits an offence who violates any provision of this bylaw and
shall be liable, on conviction, to a penalty not exceeding Two Thousand
Dollars ($2,000.00) for each offence.
17.02 In the case of a continuing offence, to a further penalty for each day during
which the offence continues as provided by the Offence Act.
17.03 The penalties hereunder shall be in addition to and in substitution for any
other penalty or remedy available under this bylaw, Community Charter, the
Local Government Act, the Fire Services Act or law.
READ A FIRST time this 5th day of July, 2004
READ A SECOND time this 5th day of July, 2004
READ A THIRD time this 5th day of July, 2004
RECONSIDERED AND FINALLY PASSED AND ADOPTED
this 19th day of July, 2004
Original signed by
C. David Perry, Mayor
Original signed by
Leo den Boer, Administrator/City Clerk