Fire Prevention, Protection and Control Services Bylaw No. 1772 (Section 5.0 Open Air Burning) — full text

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City of Revelstoke CONSOLIDATED FOR CONVENIENCE FIRE PREVENTION, PROTECTION AND CONTROL SERVICES BYLAW NO. 1772 (CONSOLIDATED COPY - Includes Amendments Enacted by Bylaw No. 1899, 2418) CONSOLIDATED FOR CONVENIENCE All persons making use of this consolidated version of City of Revelstoke Bylaw No. 1772 are advised that it has no legislative sanction; that the amendments have been embodied for convenience of reference only and that the original bylaw must be consulted for all purposes of interpreting and applying the law. Sub sections of the original bylaw and/or amendments which have been repealed have not been included in this consolidation. AMENDMENT BYLAW ADOPTED DATE Fire Protection, Prevention and Control Services Amendment Bylaw No. 2418 May 27, 2025 Updated Section 3.0; added Sections 4.0 (e), 4.0(f); amended Section 7.01(c); added Section 7.03(a) Fire Protection and Prevention Amendment Bylaw No. 1899 February 25, 2008 Updated Sections 5.01, 5.02 & 5.03 CITY OF REVELSTOKE BYLAW NO.1772 A Bylaw to Provide for the Regulation of Fire Protection, Prevention, and Control Services. WHEREAS, the Council of the City of Revelstoke deems it expedient and necessary to continue the municipal Fire Department; AND WHEREAS, it is deemed desirable that Council regulate fire protection, prevention and control services within the boundaries of the City of Revelstoke; NOW THEREFORE the Council of the City of Revelstoke, in open meeting assembled, enacts as follows: 1.0 TITLE This Bylaw may be cited as "City of Revelstoke Fire Prevention, Protection and Control Services Bylaw No. 1772". 2.0 REPEAL Fire Prevention, Protection and Control Services Bylaw No. 1348, and Amendment Bylaws No. 1392 and 1677 are repealed in their entirety. 3.0 DEFINITIONS In this Bylaw, and unless the context otherwise requires, the following definitions shall apply: "Administrator" means the person appointed from time to time as the Chief Administrative Officer of the City. "Approval" means acceptance as satisfactory to the Fire Chief. "Authorization" means written approval acquired from the Fire Chief. "Building Code" means the Building Regulations of British Columbia made pursuant to the Local Government Act and the building regulations enacted by Bylaw of the City pursuant to the Local Government Act. "City" means the City of Revelstoke. "Community Water System" means a system of waterworks which serves 2 or more parcels and which is owned, operated and maintained by an improvement district under the Water Act or the Local Government Act, or a regional district, or which is regulated under the Water Utility Act. "Council" means the Municipal Council of the City of Revelstoke. "Dangerous Goods" means any product, substance or organism which is of a highly combustible, flammable, or explosive native, all as set out in the Transportation of Dangerous Goods Act. (Canada, Section 1.4 Definitions, 1992) (as amended from time to time;) and any other material which, because of its' toxic or other inherent characteristics, Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 2 of 16 constitutes a fire hazard or a hazard to life, safety, or health, and, without restricting the generality of the foregoing, are classified as follows: Class l - Explosives, including explosives within the meaning of the Explosives Act, R.S.C. c. E-l5 as amended from time to time. Class 2 - Gases: Compressed gases, liquified petroleum, liquified natural gas, liquified or dissolved gases; liquid under pressure Class 3 - Flammable liquids and combustible liquids. Class 4 - Flammable solids; substances liable to spontaneous combustion; substances that on contact with water emit flammable gases. Class 5 - Oxidizing substances; organic peroxides, chlorates, nitrates. Class 6 - Poisonous (toxic) and infectious substances. Class 7 - Radioactive materials and prescribed substances within the meaning of the Atomic Energy Control Act of Canada Class 8 - Corrosive substances. Class 9 - Miscellaneous dangerous goods or organisms not included in any of the above classes. "Fire Chief" means the Fire Chief appointed by the City from time to time and any person authorized by the Fire Chief to act in that capacity. "Fire Code" means the British Columbia Fire Code Regulation made pursuant to the Fire Safety Act. "Fire Department" means the Fire Department of the City established by the Bylaw. "Fire Investigator" means those personnel designated to conduct fire investigations as set out in Section 4.0 f.". "High Hazard Fireworks" has the same meaning as in the Federal Explosives Act. "Fire Inspector" means those personnel designated to conduct fire safety inspections as set out in Section 4.0 e. "Low Hazard Fireworks" has the same meaning as in the Federal Explosives Act. "Officer in Command" means the senior Fire Department member present. "Owner or Occupier" means a tenant, lessee, agent, and any occupant of the premises to which this Bylaw applies. "Private Fire Hydrant" means a fire hydrant owned and located on private property. "Public Fire Hydrant" means fire hydrants owned by a community water system. "Water Supply Systems" means a private water system or a community water system. Section 3.0 Amended by Bylaw No. 2418 Section 3.0 Amended by Bylaw No. 2418 Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 3 of 16 4.0 FIRE DEPARTMENT a. The Revelstoke Fire Department and the position of Fire Chief as the head of the department are established and continued. b. The Fire Chief shall: i. report to the City Administrator; ii. oversee the provision of services for the protection of lives and property in the City from fire hazards; iii. administer the Fire Department; iv. direct and control the members of the Fire Department by direct intervention or through appointed subordinate supervisory staff subject to the Fire Department Act; v. administer the collective agreement between the City and the Fire Fighters Union where provided in that agreement; vi. establish and maintain a program of training in fire suppression for all members of the Department; and vii. establish a complement of volunteer fire fighters. c. The Fire Chief may: i. appoint persons as members of the Fire Department within the complement established by Council from time to time. ii. make rules and regulations for the proper and efficient administration and operation of the Fire Department, and for the discipline of its' members, and alter or repeal them from time to time as necessary. d. The Fire Chief is hereby authorized to administer this Bylaw and to report violations of the Bylaw to the City Administrator. e. The following persons and/or roles and such other personnel who may be designated by the Fire Chief from time to time, are designated as Fire Inspectors to conduct fire safety inspections: (a) Deputy Fire Chief (b) Fire Inspector (c) Fire Inspection Assistant/Clerk f. The following persons and/or roles and such other personnel who may be designated by the Fire Chief from time to time, are designated as Fire Investigators to conduct fire investigations: (a) Fire Chief (b) Deputy Fire Chief Section 4.0 Amended by Bylaw No. 2418 Section 4.0 Amended by Bylaw No. 2418 Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 4 of 16 (c) Fire Inspector (d) Captains 5.0 OPEN AIR BURNING 5.01 Special Occasion Open air burning within the City limits is permissible without an authorization for the purpose of Special Occasion fires only. These are fires contained in fire pits intended for cooking and social gatherings. Pit size is generally less than 60 cm x 60 cm (2' x 2') in diameter and fuel consists of seasoned and dry cordwood. Pit location must be such that risk of ignition to adjacent exposures does not exist. As the name implies, these burns are only for "Special Occasions" such as incidental friend and family gatherings and are not intended for repeated burning whenever desired by the home owner or resident. Special Occasion fires may be conducted throughout the calendar year subject to this Bylaw. Abusing this form of burning or use for any other reason will result in municipal fines. 5.02 Fire Smart Program Related Projects Open air burning within the City limits is permissible with a written authorization for Fire Smart related projects. These are controlled hazard abatement burns used to dispose of vegetative materials that constitute a fire hazard. Before a burn authorization will be issued a site viewing will be conducted to gauge material fuel loading, terrain and volumes. Impact on adjacent properties, venting and overall safety will be assessed. Full consideration and encouragement will be given to utilize alternate abatement methods. For the application of this bylaw the materials burned must originate from the parcel of land or property where the burning takes place unless otherwise authorized or permitted by provincial authority or regulation. The owner or the owner's agent for the property must make application at the Fire Hall. 5.03 Open air burning is subject to the following conditions, inclusive of burning regulated by provincial authority: a. Persons engaged in open air burning must satisfy all provincial legislation, where applicable. b. Burning of dimensional lumber, demolition waste, paper, and/or cardboard material is strictly prohibited, except for a minimal amount of non-inked paper for the initial starting of the fire. Section 5.01 Amended by Bylaw 1899 Section 5.02 Amended by Bylaw 1899 Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 5 of 16 c. No person shall light or start, or knowingly permit, or cause to be started, ignited, or continued, a fire of any kind, whatsoever, in the open air at any time in the City unless it is done so in compliance with this bylaw. d. No person shall engage in the burning of prohibited materials as identified under provincial regulation. e. Use of burning barrels and wood stoves is strictly prohibited for the purpose of open air burning. Other non-conforming applications will be addressed accordingly. f. No person shall engage in the activity of open air burning except in accordance with this By-law. g. Where authorization is required, application must be made at the Fire Hall. h. Persons engaged in the activity of open air burning shall ensure a competent person at least 19 years of age is in charge of the burn at all times and until the fire is completely extinguished. i. Persons engaged in the activity of open air burning must have on site, unless otherwise exempted, a readily available water supply with a connected and functional hose line, a shovel, and a filled 20 litre water pail to effectively control, suppress and extinguish the fire. j. The Fire Chief may identify and designate areas where open air burning may not be conducted for reasons of public safety or nuisance. k. The Fire Chief may order persons engaged in open air burning to extinguish a fire at any time that it is deemed to be a public safety hazard or nuisance. l. No persons shall engage in open air burning when weather conditions are such that doing so will create a public safety hazard or nuisance. 6.0 FIRE PROTECTION AND LIFE SAFETY 6.01 Buildings a. The British Columbia Fire Code and Regulations, as amended from time to time, are hereby adopted and in force within the City. b. No person shall construct a Building that does not conform to the Life Safety and Fire Safety regulations contained in the British Columbia Building Code and the British Columbia Fire Code. 6.02 Evacuation When the officer in command is of the opinion that there is imminent and serious danger to life or property, or that panic is imminent, in an emergency arising from a fire, fire hazard, toxic chemical spill or risk of explosion, the officer may: a. immediately take actions to remove or mitigate the hazard or risk; Amended 5.03(f) Bylaw 1899 Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 6 of 16 b. cause people to be removed from the area; c. order the evacuation of a building or area; and d. call upon the police to assist and to provide security to the evacuated area. 6.03 Fire Damaged Buildings The owner of a fire-damaged building shall ensure that the premises are guarded, or that all openings in the building are kept securely closed and fastened so as to prevent the entry of unauthorized persons. 6.04 Rules and Regulations a. No person shall drive, push or pull a vehicle of any kind over a fire hose or fire equipment. b. No person shall ring a fire alarm except when there is a fire or for testing purposes carried out by persons authorized by the Fire Chief. c. No person shall use or allow to be used a standpipe or hydrant, or affix a hose to the standpipe or hydrant without permission from the Fire Chief and Director of Engineering and Public Works. d. No person shall park or leave a vehicle within 5 meters of a standpipe or hydrant. e. No unauthorized person shall park a vehicle in the prohibited area at the Fire Hall. f. No unauthorized person shall park a vehicle in a fire lane. g. Hazardous activities: i. No person shall carry on, within a building or premises, activities which create a hazard and which are not allowed for in the original design of the building or premises, unless provisions are made to alleviate the hazard and permission is obtained from the Fire Chief to carry out such activities. ii. The Fire Chief shall require that hazardous activities, which are permitted to be carried out in a manner, comply with the Fire Code. h. Burning device/appliance: i. No person shall erect or build, outside the walls of a building, a solid fuel burning device/appliance capable of housing an "enclosed" fire, without first obtaining an authorization from the Fire Chief. ii. No person shall use appliances or devices described in this subsection for the purposes mentioned without equipping them with proper spark arresting equipment and other safeguards prescribed by the Fire Chief. iii. The activities mentioned in this section shall be carried out only in areas designated as safe for the purpose by the Fire Chief. 6.05 Water Supply Systems and Private/Public Fire Hydrants Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 7 of 16 An owner and a community water system operator shall ensure that: a. all new water supply systems meet the flow and pressure requirements for fire fighting purposes specified by City Bylaws; b. prior to proceeding with construction of a new water system or extension to an existing system, plans of the proposed fire hydrants and their locations are submitted to the Fire Chief for approval; c. prior to proceeding with construction of buildings, other than concrete basements and foundations: i. roads are finished to a minimum of good compacted gravel to provide adequate access for fire department apparatus; and ii. water mains are installed and water supplies for fire fighting purposes tested to the satisfaction of the Fire Department and the Fire Department notified of all newly installed fire hydrants in order that the fire hydrants may be flow- tested and approved; d. installation of fire hydrants or water supply systems are designed and supervised by a professional engineer; and e. during construction, servicing or repairs, all fire hydrant conditions affecting fire safety such as fire hydrants being temporarily out of service, low water volumes and pressures, are made known to the Fire Department. 6.06 Hydrant Maintenance a. A hydrant owner shall: i. maintain hydrants in operating condition; ii. cause all hydrants to be inspected and maintained in accordance with Schedule "A" attached hereto; iii. retain records in the form set out in Schedule "B" attached hereto, of all inspections and maintenance required by this section for at least three years and make them available upon request to the Fire Chief; iv. notify the Fire Department of all repaired fire hydrants so that those hydrants may be flow-tested and approved; v. wrap all fire hydrants, which are out of service for repair or not yet in service with burlap or black polyethylene plastic sheeting; vi. keep hydrants clear of ice, snow, shrubs, trees, structures and other obstructions and clearly identify their locations; and vii. paint fire hydrants fire department yellow. b. The service inspections and maintenance of fire hydrants required by this section shall be made by qualified persons according to the procedure set out in Schedule "A" attached hereto. Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 8 of 16 c. Fire hydrants are for the use of the Fire Department and may only be operated by qualified persons authorized by the Fire Chief or the Director of Engineering and Public Works for the purposes of inspection, testing, servicing or other purposes. 7.0 INSPECTION OF PREMISES 7.01 Entry for Inspection a. In addition to the powers conferred upon the Fire Chief in the capacity as a local assistant under the Fire Safety Act, the Fire Chief may enter, at all reasonable times, on any property subject to this Bylaw, to ascertain whether the requirements of this Bylaw and any orders issued pursuant to it are being observed and to carry out testing required by this Bylaw. b. The Fire Chief is authorized to inspect premises in the City for conditions, which may cause a fire or increase the danger of a fire, or increase the danger to persons from fire. c. The Fire Chief is hereby authorized to exercise the powers conferred upon the Fire Commissioner with respect to matters contained in this Bylaw. 7.02 Control and Assistance at Fires a. The Fire Chief or the officer in command at a fire is authorized to order the demolition of a building or part of it in order to prevent damage to persons or property or the spreading of the fire. b. The Fire Chief or officer in command may require persons at or near fires to leave the area, and in the event of refusal to leave, may order the person removed by a police officer or member of the Fire Department. c. No person shall interfere with the prevention or suppression of a fire. d. No person shall prevent the entry of a member of the Fire Department into or upon any premises for which a fire alarm has been received or where that member has reasonable grounds to believe that there is a fire. 7.03 Investigation of Fires a. The Fire Investigator is hereby authorized to enter onto any premises or property subject to this bylaw, to investigate the cause, origin and circumstances of a fire or explosion that destroyed or damaged property or resulted in injury or death to which the Fire and Emergency Services responds or has responded. Section 7.01(c) Amended by Bylaw No. 2418 Added Section 7.03 Bylaw No. 2418 Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 9 of 16 8.0 FIREWORKS a. For the purposes of this Part, "fireworks" includes cannon crackers, fireballs, fire crackers, mines, roman candles, sky rockets, squibs, torpedoes and any other explosive designated as a firework by regulation pursuant to the Fireworks Act. b. No person shall sell, give, fire, set off or be in possession of any fireworks in the City, except as permitted by this Bylaw. c. The Council may authorize the Fire Chief to issue an authorization to a person or organization for the purpose of observing or celebrating a special event or festival by the use of fireworks of any kind. d. An authorization issued under subsection (c) of this Part may specify the terms and conditions of the use of the fireworks. e. No person holding an authorization under subsection (c) of this Part may use or permit or cause to be used fireworks of any kind contrary to the terms and conditions specified in the authorization. f. The Fire Chief may revoke an authorization issued under subsection (c) of this Part and immediately halt the use of any fireworks if that use is being carried out contrary to the terms and conditions of the authorization. g. Each individual applying for an authorization under this section must be in possession of the necessary certification documents as set forth by the Explosives Act (S.7) and the Explosives Regulatory Division. 9.0 MUTUAL AID a. Subject to there being in effect an agreement between the City and any other municipality or regional district, as defined in the Community Charter and subject to the approval of the Fire Chief, equipment and personnel of the Department may be used outside of the geographical boundaries of the City. b. In the event of a request from the Office of the Fire Commissioner, and subject to the approval of the Fire Chief, equipment and personnel of the Department may be used outside of the geographic boundaries of the City. c. In the event of an out-of-boundary interface fire that poses imminent danger to the City, subject to the approval of the Fire Chief, equipment and personnel of the Department may be used outside of the geographic boundaries of the City. 10.0 ENFORCEMENT 10.01 Issuance of Order Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 10 of 16 a. When the Fire Chief or an inspector determines that: i. a provision of this Bylaw or the Fire Code has been either wholly or in part contravened; or ii. there exists a condition in a building or on property, which constitutes a fire hazard or a hazard to life, or property; the Fire Chief may order the owner or occupier to take steps to comply with the Bylaw or remove or remedy the condition, which constitutes a hazard. b. The provisions of Section 22 and 23 of the Fire Safety Act apply to an order made under this section. c. Service of an order under this Bylaw shall be affected by delivering it or by sending it by registered mail to the last known address of the person to whom it is directed. 11.0 PENALTIES A person who violates a provision of this Bylaw commits an offence and is liable upon conviction to the penalties provided in the Offence Act. 12.0 SEVERABILITY If any section, subsection or clause of this Bylaw is held invalid by a court of competent jurisdiction, the invalid portion shall be severed and the remainder of this Bylaw shall be deemed to have been adopted without the invalid and severed section, subsection or clause. 13.0 SCHEDULES Schedules A and B to this Bylaw form part of and are enforceable in the same manner as this Bylaw. READ A FIRST TIME THIS 14TH DAY OF MARCH, 2005 READ A SECOND TIME THIS 14TH DAY OF MARCH, 2005 READ A THIRD TIME THIS 14TH DAY OF MARCH, 2005 ADOPTED THIS 29TH DAY OF MARCH, 2005 _________________________________ _______________________________ Director of Corporate Administration Mayor Certified a true copy, this ____________day of _______, ________________. _______________________________ Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 11 of 16 SCHEDULE "A" Fire Hydrant Inspection and Maintenance Procedures Owners of fire hydrants that do not have an inspection and maintenance schedule, or if the schedule is less frequent than the following schedule, shall follow the procedures listed below. A. Service Inspection - To be Done Semi-Annually l. Ensure that hydrant caps are in place and that caps with worn, rusted or obstructed threads, which might hamper easy removal, are repaired or replaced. 2. Check the hydrant's operation and test for barrel and drain leakage. Open hydrant fully with caps in place. (a) If there is leakage at the ports, cap gaskets, hydrant spindle, barrel gaskets or barrel casting, all leaking components are to be repaired. (b) If water is coming up through the ground around the hydrant body, the leakage is probably taking place at the drain mechanism. Sometimes opening and closing the hydrant to try and flush out the foreign material can stop this leakage. If this does not stop the leakage, then inspect the drain mechanism, repair or replace any damaged parts. 3. Test main valve and drain valve. Close off hydrant and immediately remove hydrant cap and check for proper drainage. (a) If the hydrant continues to flow water then the main valve assembly will have to be removed for inspection and repair. (b) If the hydrant is draining properly, then a vacuum should be created. This vacuum can be felt by placing the hand over the open port. Drain valves, which are plugged or damaged, will have to be repaired. (c) Where it is not practical to repair faulty drain valves, approved measures shall be taken to prevent the freezing of accumulated water. 4. Flush hydrant with the main valve fully opened until the water runs clear. B. Preventive Maintenance Inspection - To Be Done Every Second Year l. Flush hydrant with the main valve fully opened until the water runs clear. 2. Following the manufacturer's recommendation, remove all internal parts for inspection. 3. Inspect main seating surfaces for cuts, abrasions, out of shape and softness. Replace those parts damaged. 4. Inspect all other internal components and replace if damaged. Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 12 of 16 5. Thoroughly lubricate all revolving and sliding parts. Use a type of lubricant, which does not dissolve in water. 6. After reassembling the hydrant inspect the working condition as detailed in the Annual Service Inspection. 7. Check the paint and condition of the hydrant and repaint if the condition of the paint is dirty, chipping, flaking, rusting or bare metal is showing. Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 13 of 16 SCHEDULE "B" Hydrant Inspection and Maintenance Record Hydrant No.: Type of Hydrant: Location of Hydrant: Date Last Painted: Every Twelve Months - Service Inspection Date of last servicing in accordance with Schedule "A" Is hydrant valve operating properly: Yes/No (If NO state problem and action taken). Is hydrant clear of obstructions: Any other defects and action taken: Inspected by: Date: Every Twenty-Four Months - Preventive Maintenance Inspection Date of last servicing in accordance with Schedule "A" Condition of internal parts: O.K./Damaged (If DAMAGED list parts damaged and action taken). Were all revolving and sliding parts lubricated? Condition of ports and caps: Condition of paint: Fire Protection & Prevention Bylaw No. 1772 CONSOLIDATED COPY - Includes Amendments Page 14 of 16 Is hydrant draining properly: Yes/No (If NO state problem and action taken). Is hydrant clear of obstructions: Yes/No (If NO state problem and action taken.) Any other defects and action taken: Serviced/Inspected By: _____________________________ Date: _________________________