Public Health Protection Bylaw No. 6989 (Consolidated)
Richmond, British Columbia
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6648635
CITY OF RICHMOND
PUBLIC HEALTH PROTECTION
BYLAW NO. 6989
EFFECTIVE DATE - MARCH 13, 2000
CONSOLIDATED FOR CONVENIENCE ONLY
This is a consolidation of the bylaws below. The amendment bylaws have been combined with
the original bylaw for convenience only. This consolidation is not a legal document. Certified
copies of the original bylaws should be consulted for all interpretations and applications of the
bylaws on this subject.
AMENDMENT BYLAW
DATE OF ADOPTION
EFFECTIVE DATE
(If different from Date of Adoption)
No. 7133
June 12, 2000
No. 7140
July 24, 2000
No. 7744
July 28, 2004
No. 7990
November 28, 2005
No. 8254
July 23, 2007
No. 8360
November 30, 2008
No. 8481
May 25, 2009
No. 8542
December 14, 2009
No. 8637
January 10, 2011
February 9, 2011
No. 8855
February 27, 2012
No. 9830
April 23, 2018
May 1, 2018
No. 10240
March 22, 2021
CITY OF RICHMOND
PUBLIC HEALTH PROTECTION
BYLAW NO. 6989
TABLE OF CONTENTS
SUBDIVISION ONE - FETAL ALCOHOL SYNDROME WARNING SIGN
REGULATION
PART 1.1 General Provisions .............................................................................. 1
1.1.1 Operator Obligations ................................................................................ 1
PART 1.2 Warning Signs ..................................................................................... 1
1.2.1 Warning Sign Locations ........................................................................... 1
1.2.2 Warning Sign Dimensions and Wording ................................................... 1
SUBDIVISION ONE A - ANIMAL AND BIRD REGULATION
PART 1A.1 General Provisions .............................................................................. 2
1A.1.1 Restrictions in All Areas of the City........................................................... 2
1A.1.2 Restrictions in Residential Areas .............................................................. 2
1A.1.3 Infectious or Communicable Diseases ..................................................... 2
SUBDIVISION TWO - MARINA HEALTH AND SAFETY REGULATION
PART 2.1 General Provisions .............................................................................. 3
PART 2.2 Water Supply ....................................................................................... 3
PART 2.3 Washroom Facilities ........................................................................... 3
PART 2.4 Liquid Waste Disposal ........................................................................ 3
2.4.1 Operator Obligations ................................................................................ 3
2.4.2 General Prohibitions ................................................................................. 4
PART 2.5 Solid Waste Collection and Disposal ................................................. 4
2.5.1 Operator Obligations ................................................................................ 4
PART 2.6 General Safety ..................................................................................... 4
2.6.1 Operator Requirements ............................................................................ 4
SUBDIVISION THREE - Intentionally Deleted
SUBDIVISION FOUR - PESTICIDE APPLICATION - NOTIFICATION AND
SIGNAGE REGULATION
PART 4.1 Notification Procedure ........................................................................ 5
4.1.1 Pesticide Application on Public Land or Grounds of Multiple Family
Dwellings.................................................................................................. 5
4.1.2 Pesticide Application on a Public Facility or Common Public Area ........... 5
4.1.3 Pesticide Application to any Dwelling Unit Occupied as Residential
Accommodation in a Multiple Family Dwelling .......................................... 6
4.1.4 Exemption ................................................................................................ 6
PART 4.2 Public Notice Requirements ............................................................... 6
PART 4.3 Authority of the Medical Health Officer ............................................. 7
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PUBLIC HEALTH PROTECTION
BYLAW NO. 6989
TABLE OF CONTENTS
SUBDIVISION FIVE - MOSQUITOES AND RODENT (COMMUNICABLE DISEASE)
CONTROL REGULATION
PART 5.1 General Provisions .............................................................................. 7
5.1.1 Prohibitions .............................................................................................. 8
5.1.2 Obligations ............................................................................................... 8
5.1.3 Authority of Medical Health Officer ........................................................... 8
SUBDIVISION SIX - SMOKING CONTROL AND REGULATION
PART 6.1 Areas of Smoking Prohibition ............................................................ 8
PART 6.2 Sign Requirements .............................................................................. 9
PART 6.3 Public Park, School Ground and Outdoor
Recreation Regulations .................................................................... 11
SUBDIVISION SEVEN - VIOLATIONS AND PENALTIES
PART 7.1 Violations and Penalties) .................................................................. 11
SUBDIVISION EIGHT - INTERPRETATION ................................................................ 11
SUBDIVISION NINE - PREVIOUS BYLAW REPEAL .................................................. 17
SUBDIVISION TEN - SEVERABILITY AND BYLAW CITATION ................................. 18
Schedule A
............................................................................................................... 19
CITY OF RICHMOND
PUBLIC HEALTH PROTECTION
BYLAW NO. 6989
The Council of the City of Richmond, in open meeting assembled, enacts as follows:
SUBDIVISION ONE: FETAL ALCOHOL SYNDROME WARNING
SIGN REGULATION
PART 1.1: GENERAL PROVISIONS
1.1.1
Operator Obligations
1.1.1.1
The operator of every licenced establishment must ensure that a fetal alcohol
syndrome warning sign or signs are installed and maintained in accordance with
the requirements of Part 1.2.
PART 1.2: WARNING SIGNS
1.2.1
Warning Sign Locations
1.2.1.1
In any licenced establishment where the sale of alcoholic beverages for
off-premises consumption is permitted, the fetal alcohol syndrome warning signs
required under the provisions of Part 1.1 must be prominently located where the
sale or dispensing of such alcoholic beverages takes place.
1.2.1.2
In any licenced establishment where the consumption of alcoholic beverages
on the premises is permitted, the fetal alcohol syndrome warning signs required
under the provisions of Part 1.1, must be prominently located in each public
washroom within such licenced establishment.
1.2.2
Warning Sign Dimensions and Wording
1.2.2.1
The fetal alcohol syndrome warning signs required under the provisions of Part
1.1 must:
(a)
have minimum dimensions of 21.5 centimetres (8 ½ in.) by 21.5
centimetres (8 ½ in.);
(b)
have white lettering on a red background, with a minimum letter height of
1 centimetre (3/8 in.);
(c)
bear the following words:
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"WARNING
DRINKING DISTILLED SPIRITS, BEER, COOLERS, WINE AND
OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY
CAN CAUSE BIRTH DEFECTS"
and
(d)
be substantially in the form and style shown on Schedule A which is
attached and forms a part of this bylaw.
SUBDIVISION ONE-A: ANIMAL AND BIRD REGULATION
PART 1A.1 GENERAL PROVISIONS
1A.1.1 Restrictions in All Areas of the City
1A.1.1.1 Every person must ensure that dead animals, and any animal wastes are
stored and disposed of in a sanitary manner.
1A.1.2 Restrictions in Residential Areas
1A.1.2.1 A person must not slaughter any animal in any residential area or multi-family
residential area.
1A.1.3 Infectious or Communicable Diseases
1A.1.3.1 A person must not bring any animal or bird infected with an infectious or
communicable disease into the City.
1A.1.3.2 If any animal or bird kept within the City becomes infected with any disease
communicable to humans, the owner must immediately have the animal or bird
isolated and professionally treated.
1A1.3.3 When any animal or bird is known to have died of an infectious or
communicable disease, the owner must:
(a)
immediately notify the Medical Health Officer or an Inspector;
(b)
dispose of the carcass; and
(c)
clean and disinfect any area possibly infected by such carcass,
as directed by the Medical Health Officer or an Inspector.
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SUBDIVISION TWO: MARINA HEALTH AND SAFETY
REGULATION
PART 2.1: GENERAL PROVISIONS
2.1.1
The provisions of Subdivision Two apply to all marinas within the City.
2.1.2
The Medical Health Officer and an Inspector is hereby authorized to enter any marina,
at reasonable times, for the purpose of inspection, to determine satisfactory compliance
with the provisions of Subdivision Two.
PART 2.2: WATER SUPPLY
2.2.1
Every marina operator must ensure that:
(a)
an adequate supply of pressurized potable water is available:
(i)
at a distance of not more than 150 metres (492.13 feet) walking distance
from any water craft at the marina; and
(ii)
24 hours per day, every day, on which such marina is operated;
(b)
a potable water connection is provided to every liveaboard vessel and float
home; and
(c)
a backflow preventor is installed, as required by the current Waterworks and
Water Rates Bylaw of the City, and the BC Plumbing Code, on each water
supply connection to a dockside watering point or water craft.
PART 2.3: WASHROOM FACILITIES
2.3.1
Every Marina Class I operator providing moorage to liveaboard vessels must
provide:
(a)
separate washroom facilities for men and women; and
(b)
for each sex, a minimum of one toilet, one lavatory and one shower per
washroom for each 50 moorage spaces used for liveaboard vessels.
PART 2.4: LIQUID WASTE DISPOSAL
2.4.1
Operator Obligations
2.4.1.1
Every marina operator must ensure that all sewage from a marina is discharged
into a municipal sanitary sewer system, or where not available, into an approved
sewage disposal system.
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2.4.1.2
Every marina class I operator must:
(a)
provide every float home with a sewer connection;
(b)
ensure that every liveaboard vessel is either provided with a sewer
connection, or if such connection is not made available, every liveaboard
vessel must have an approved holding tank available; and
(c)
provide a central pumpout facility for liveaboard vessels utilizing
holding tanks.
2.4.1.3
Where a caretaker's float home is permitted in a marina class II, such float
home is exempted from the requirements of subsection 2.4.1.1, provided the
float home has an approved sewage disposal system.
2.4.2
General Prohibitions
2.4.2.1
A person must not:
(a)
discharge sewage, oil, or other pollutants from any water craft moored at
marinas into watercourses, and every marina operator must
prominently display notices prohibiting such discharge; or
(b)
live in any moored water craft which does not discharge its sewage to a
municipal sanitary sewer system or an approved sewage disposal
system.
PART 2.5: SOLID WASTE COLLECTION AND DISPOSAL
2.5.1
Operator Obligations
2.5.1.1
Every marina operator must:
(a)
provide adequate covered containers for garbage, to be located where
they may be readily available for use by marina employees and water
craft users; and
(b)
regularly service and empty garbage containers to prevent overflowing,
foul odours, and pest problems.
2.5.2
A person must not discharge garbage into watercourses from any water craft
moored at marinas or from marina docks, and every marina operator must
prominently display notices prohibiting such discharge.
PART 2.6: GENERAL SAFETY
2.6.1
Operator Requirements
2.6.1.1
Every marina operator must ensure that:
(a)
buildings, docks, floats, gangways, piers and ramps are kept in good
repair and free of safety hazards;
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(b)
all float walkways have a minimum width of 1.5 metres (4.92 feet) where
they provide access to an upland area; or provide direct access to water
craft;
(c)
all inclined walkways or ramps have non-skid surfaces and handrails;
(d)
all areas throughout the marina are illuminated by lights designed,
constructed and maintained to provide a minimum average illumination of
20 lux, with critical areas such as gates, ramps and safety stations being
provided with 50 lux of illumination;
(e)
life rings, assist poles or ladders from docks into the water are provided,
and are conveniently located and readily accessible for use; and
(f)
there is at least one public telephone available at all times within the
marina for emergency use.
SUBDIVISION THREE: Intentionally Deleted
SUBDIVISION FOUR: PESTICIDE APPLICATION -
NOTIFICATION AND SIGNAGE
REGULATION
PART 4.1: NOTIFICATION PROCEDURE
4.1.1
Pesticide Application on Public Land or Grounds of Multiple Family
Dwellings
4.1.1.1
A person must not apply a pesticide to public land or the grounds of a
multiple family dwelling without having first posted public notices on the site
at intervals not exceeding 50 metres (164.1 feet) around the perimeter of the
treated area, provided that if the public land has controlled or limited public
access points, such notices must be posted at the access points.
4.1.1.2
The public notices required under the provisions of subsection 4.1.1.1 must:
(a)
be placed at least 72 hours prior to the intended date of the pesticide
application, and must remain posted for not less than 72 hours after
application; and
(b)
conform with the provisions of section 4.2.1.
4.1.2
Pesticide Application on a Public Facility or Common Public Area
4.1.2.1
A person must not apply a pesticide on a public facility or to a common
public area without having posted public notices on the site at least 72 hours
prior to the intended date of the pesticide application.
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4.1.2.2
The public notices required under the provisions of subsection 4.1.2.1 must
remain posted for not less than 72 hours after the pesticide application and
must:
(a)
conform with the provisions of section 4.2.1; and
(b)
be prominently displayed.
4.1.2.3
At least one additional public notice must be posted in the workplace areas of
the building where the pesticide is to be applied.
4.1.3
Pesticide Application to any Dwelling Unit Occupied as Residential
Accommodation in a Multiple Family Dwelling
4.1.3.1
A person must not apply a pesticide to any dwelling unit occupied as
residential accommodation in a multiple family dwelling unless the occupants
of such dwelling unit or units have been notified in writing at least 72 hours
prior to the intended date of the pesticide application.
4.1.4
Exemption
4.1.4.1
Spot treatments are exempt from the provisions of Subdivision Four.
PART 4.2: PUBLIC NOTICE REQUIREMENTS
4.2.1
The public notice referred to in subsection 4.1.1.1. must:
(a)
contain the following information;
(i)
the word "ATTENTION" in red, with a letter height of at least 2.5
centimetres (1 inch), followed by the words "This area will be (has
been) chemically treated on or after (date)" or words of equal effect;
(ii)
the common trade name, active ingredients and concentration of the
pesticide used;
(iii)
the date and time of the pesticide application;
(iv)
the name and telephone number of the person applying the pesticide,
in a letter height of at least 1.5 centimetres (0.6 inches) in capitals in a
colour which contrasts with the background;
(v)
the words "AVOID CONTACT WITH TREATED AREAS";
(vi)
the current phone number of the Poison Control Centre; and
(b)
be rectangular in shape;
(c)
be at least 28 centimetres (11 inches) by 43 centimetres (17 inches) in size;
and
(d)
be made of durable, rain-resistant material.
4.2.2
The public notice referred to in subsection 4.1.2.1 must contain the following
information:
(a)
a description of the area to be treated and the common name of the pest;
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(b)
the common trade-name, active ingredients and concentrations of the
pesticide;
(c)
the date and time of the proposed application;
(d)
the name and telephone number of the person who will apply the pesticide;
(e)
advice and precautions for the occupants; and
(f)
the current phone number of the Poison Control Centre.
PART 4.3: AUTHORITY OF THE MEDICAL HEALTH OFFICER AND AN
INSPECTOR
4.3.1
The Medical Health Officer and an Inspector is authorized to administer the
provisions of Parts 4.1 and 4.2, and, for that purpose may:
(a)
issue a written notice requiring a person who has not complied with the
requirements of Parts 4.1 and 4.2 to comply, by a specified date, with any
deficiencies specified in such notice; and
(b)
enter at all reasonable times on any premises to determine compliance with
the requirements of Parts 4.1 and 4.2.
SUBDIVISION
FIVE:
MOSQUITOES
AND
RODENT
(COMMUNICABLE DISEASE) CONTROL REGULATION
PART 5.1: GENERAL PROVISIONS
5.1.1
Prohibitions
5.1.1.1
A person must not:
(a)
keep or store any waste products, construction material or debris, refuse
or other material in such a manner as to provide shelter, refuge or food for
rodents;
(b)
allow or permit the accumulation of waste food products, animal feed or
any other foodstuffs on any property within the City, unless such waste
food products, animal feed or any other foodstuffs are properly
contained or properly disposed of so as not to provide a food source for
rodents;
(c)
keep or maintain any animals or birds in such a manner so as to provide
shelter, refuge or food for rodents; or,
(d)
cause or permit water, construction material or debris, refuse or other
material to collect or accumulate in such a manner as to provide
mosquito breeding sites.
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5.1.2
Obligations
5.1.2.1
Every person must:
(a)
construct, repair or alter any buildings, structures, plumbing, drainage
pipes or any other item to ensure that rodents or mosquitoes do not
have access to the building, provide rodent harbourage or mosquito
breeding sites;
(b)
destroy or eliminate any food which is unfit for human consumption, by
reason of contamination by rodents;
(c)
remove any water, construction material or debris, refuse or other
material to ensure that they cannot use the site for mosquito breeding.
5.1.3
Authority of Medical Health Officer and an Inspector
5.1.3.1
The Medical Health Officer and an Inspector is authorized to enter onto any
land or into any buildings for the purpose of determining the presence of
rodents or mosquitoes on such property, and may order any person to take
steps which are necessary to control rodents or mosquitoes on that property.
5.1.3.2
In the event the order given under the authority of subsection 5.1.3.1 is not
complied with, the Medical Health Officer and an Inspector is further authorized
to enter the property in order to carry out terms of the order to control rodents
or mosquitoes, and in the event the costs are not paid within 30 days after
being invoiced, the amount outstanding may be added to and form part of the
taxes payable on the property as taxes in arrears.
SUBDIVISION SIX: SMOKING CONTROL AND REGULATION
PART 6.1: AREAS OF SMOKING PROHIBITION
6.1.1
A person must not smoke:
(a)
in a building, other than:
(i)
a dwelling unit;
(ii)
a hotel or motel room or suite designated for smoking by an operator; or
(iii)
enclosed premises:
A. that are not open to the public; and
B. where the only occupants of the building are the owner or owners of
the business carried on in the building;
(b)
in a vehicle for hire, other than in Class J (rental vehicles) and Class M (tow
trucks);
(c)
in a vehicle when any other occupant of the vehicle is under the age of nineteen
(19) years of age;
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(d)
in, or within nine (9) metres of, an enclosed or partially enclosed shelter where
persons wait to board a vehicle for hire or public transit;
(e)
within nine (9) metres of a sign post or sign indicating where persons wait to
board a vehicle for hire or public transit;
(f)
within nine (9) metres measured on the ground from a point directly below any
point of any opening into any building including any door or window that opens or
any air intake;
(g)
in a customer service area; or
(h)
within nine (9) metres of the perimeter of a customer service area.
6.1.2
Except as permitted in section 6.1.1, a responsible person for any of the following:
(a)
a business which occupies a building or premises;
(b)
a hospital or health clinic;
(c)
a place of public assembly;
(d)
a customer service area;
(e)
the common area of a building;
(f)
a building, premises or facility that is owned or leased by the City, other than a
rented one-family dwelling or dwelling unit; or
(g)
a vehicle for hire, other than Class J (rental vehicles) and Class M (tow trucks)
must not permit, suffer or allow a person to smoke while the person is:
(h)
within any such building, premises, place, common area, customer service
area or vehicle for hire; or
(i)
within any area described in subsections 6.1.1 (e) and 6.1.1 (g), except to the
extent that all or part of such area is not part of the parcel on which the building
or customer service area is situated and is not an area over which the
responsible person has possession or control; and
in accordance with Part 6.2, must post and maintain a sign indicating that smoking is
prohibited within that building, premises, place, common area, customer service
area or vehicle for hire.
PART 6.2: SIGN REQUIREMENTS
6.2.1
A person who is required to post and maintain a sign under this Subdivision must
ensure that each required sign:
(a)
is prominently displayed and maintained at the location where the sign is
required;
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(b)
carries the text "No Smoking", in either capital or lower case letters or a
combination of both;
(c)
consists of two contrasting colours, or if the lettering is to be applied directly to a
surface or to be mounted on a clear panel, the lettering must contrast with the
background colour;
(d)
has not less than the following letter height, based upon the following maximum
viewing distances, in a direct line of sight:
Viewing Distances
Letter Height
3 metres (10 feet) or less
2.5 centimetres (1 inch)
6.1 metres (20 feet) or less
5.1 centimetres (2 inches)
12.2 metres (40 feet) or less
7.6 centimetres (3 inches)
24.4 metres (80 feet) or less
10.2 centimetres (4 inches)
48.8 metres (160 feet) or less
15.2 centimetres (6 inches)
73.1 metres (240 feet) or less
20.3 centimetres (8 inches); and
(e)
includes in the text at the bottom of each sign the following words:
"City of Richmond Public Health Protection Bylaw No. 6989,
Maximum Penalty $1,000"
in letters not less than 1.3 centimetres (1/2 inch) in height for signs with letter
height of 2.5 centimetres (1 inch), and not less than one-quarter of the height of
the letters on all other sizes of letters.
6.2.2
Despite subsections 6.2.1 (d) and (e), the international symbol for "no smoking" may be
used to indicate an area in which smoking is prohibited, in accordance with subsection
6.2.4.
6.2.3
Each international symbol referred to in section 6.2.2 must:
(a)
include the text at the bottom of each sign "City of Richmond Public Health
Protection Bylaw No. 6989, Maximum Penalty $1,000" in a letter height which is
at least 5% of the diameter of the circle in the symbol, and appropriate symbols
such as directional arrows may be added; and
(b)
have a circle diameter of not less than the following dimensions, based upon the
following maximum viewing distances, in a direct line of sight:
Viewing Distances
Circle Diameter of Symbol
3 metres (10 feet) or less
10.2 centimetres (4 inches)
6.1 metres (20 feet) or less
15.2 centimetres (6 inches)
12.2 metres (40 feet) or less
20.3 centimetres (8 inches)
24.4 metres (80 feet) or less
30.4 centimetres (12 inches)
48.8 metres (160 feet) or less
40.6 centimetres (16 inches)
73.1 metres (240 feet) or less
60.8 centimetres (24 inches)
6.2.4
For the purposes of this bylaw, the international symbol described in subsections 6.2.2
and 6.2.3, while depicting a cigarette, means that any form of smoking, as defined in
this bylaw, is prohibited in relation to that area.
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6.2.5
A person must not remove, alter, conceal, deface or destroy any sign posted in
accordance with this Bylaw.
PART 6.3: PUBLIC PARK, SCHOOL GROUND AND OUTDOOR
RECREATION REGULATIONS
6.3.1
A person must not smoke:
(a)
in a public park or school ground; or
(b)
on or within twenty-five (25) metres of any outdoor sport facility or
playground.
SUBDIVISION SEVEN: VIOLATIONS AND PENALTIES
PART 7.1 VIOLATIONS AND PENALTIES -
7.1.1
Any operator, responsible person or person who:
(a)
violates or who causes or allows any of the provisions of this bylaw to be violated;
or
(b)
fails to comply with any of the provisions of Subdivision Six; or
(c)
neglects or refrains from doing anything required under the provisions of
Subdivision Six;
is deemed to have committed an infraction of, or an offence against this bylaw of this
bylaw and is liable on summary conviction, to a fine not to exceed $10,000, and each
day that such violation is caused, or allowed to continue, constitutes a separate offence.
SUBDIVISION EIGHT: INTERPRETATION
PART 8.1
In this bylaw, unless the context otherwise requires:
ACTIVATED E-CIGARETTE
means an e-cigarette in which an e-substance is being
vapourized.
APPROVAL
means all approvals, authorizations, consents, permits
and orders of all federal, provincial or municipal
governmental agencies or authorities required to be
obtained
for
consummation
of
the
particular
transaction(s) contemplated herein.
APPROVED
means approved in writing by the Medical Health
Officer.
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BACKFLOW PREVENTER
means an device or method to prevent a back flow of
contaminants into a potable water supply system.
BUILDING
means a structure or portion of a structure, including
foundations and supporting structures for equipment or
machinery or both, which is used or intended to be used
for supporting or sheltering a use, persons, animals or
property.
BUSINESS
means the carrying on of a commercial or industrial
undertaking of any kind or nature or the providing of
professional, personal, or other services for the purpose
of gain or profit, whether in or from premises within the
City.
CARRIES ON BUSINESS
means
carries
on
a
commercial
or
industrial
undertaking of any kind or nature or provides a
professional, personal or other service and includes the
carrying on of an activity in a government office.
CITY
means the City of Richmond.
COMMERCIAL
ENTERTAINMENT
ESTABLISHMENT
means an establishment in which, in return for
consideration, the public is entertained, amused, or
otherwise diverted, and includes amusement park,
botanical garden, bowling alley, cabaret, carnival, circus,
dance academy or hall, discotheque, exhibit, golf course
or driving range, menagerie, movie theatre, nightclub,
recreation centre, recreation facility, recreation park, and
tennis court, but specifically excludes casino.
COMMON AREA
means any part of a building or premises that is
available for common use by the occupants or that is
generally open to and accessible by the public, including
but not limited to a lobby, foyer, lounge, stairwell,
elevator, escalator, corridor, cloakroom, washroom,
amenity room, food fair seating area, and the common
property
of a strata
corporation
or cooperative
association.
CUSTOMER SERVICE AREA
means a partially enclosed or unenclosed area, including
a balcony, patio, yard or sidewalk, that is part of,
connected
to
or
associated
with
a
licenced
establishment or other business that includes the
service of food or alcoholic drinks to customers or other
persons for consumption on site.
CUSTOMER SERVICE LINE
means an indoor queue of two or more persons
awaiting service of any kind, regardless of whether or
not such service involves the exchange of money,
including but not limited to, sales, provision of
information, transactions or advice and transfers of
money or goods.
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COUNCIL
means the Council of the City of Richmond.
DIRECTOR
OF
MAJOR
PROJECTS
means the Director of Major Projects in the
Chief Administrator's Office of the City.
DISCHARGE
includes, but not so as to limit its meaning, any spilling,
leaking, pumping, pouring, emitting, emptying, throwing
or dumping.
DWELLING UNIT
means a suite of one or more rooms designed for or
occupied by one family only as a single housekeeping
unit providing living, sleeping, kitchen and sanitary
facilities.
E-CIGARETTE
means:
(a) a product or device, whether or not it resembles
a cigarette, containing an electronic or battery-
powered
heating
element
capable
of
vapourizing an e-substance for inhalation or
release into the air; or
(b) a product or device similar in nature or use to a
product or device described in paragraph (a).
EMERGENCY VEHICLE
means the interpretation given in the Motor Vehicle
Act.
ENDEMIC
means the constant presence of a disease or infectious
agent within a given geographic area.
E-SUBSTANCE
means a solid, liquid or gas that, on being heated,
produces a vapour for use in an e-cigarette,
regardless of whether the solid, liquid or gas contains
nicotine.
FOOD SERVICE
ESTABLISHMENT
means any food premises as defined in the
British Columbia Regulations Governing the Sanitation
and Operation of Food Premises.
FLOAT HOME
means a structure incorporating a flotation system,
intended for use or being used or occupied for residential
purposes containing one dwelling unit only and not
primarily intended for, or usable in, navigation, but
excludes a water craft designed or intended for
navigation.
GARBAGE
means any and all accumulations of general rubbish or
discarded
materials
resulting
from
the
activities
conducted on a particular property.
INSPECTOR
includes a Bylaw Enforcement Officer employed by the
City, a Peace Officer, and any employee, contractor or
agent acting under the supervision of any of them.
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LETTER HEIGHT
means the actual height of the letter, regardless of
whether it is a capital or lower case letter.
LICENCED ESTABLISHMENT
means any establishment licenced under the provisions
of the Liquor Control & Licencing Act.
LIVEABOARD VESSEL
means any water craft intended primarily for use in
navigation, and only incidentally used for residential
purposes, and includes houseboats, sailboats, tugboats,
powerboats or fish boats.
MARINA
means any installation operated under public or private
ownership which provides moorage space for water
craft, either free of charge or by payment of fee, and
includes marina class I and marina class II.
MARINA CLASS I
means any installation operated under public or private
ownership which provides moorage space for water
craft either free of charge or by payment of fee, and
such water craft may be used as living quarters.
MARINA CLASS II
means any installation operated under public or private
ownership which provides moorage for water craft either
free of charge or by payment of fee, and such water
craft may not be used as living quarters at the marina.
MARINE TOILET
means any toilet on, or within, a water craft used to
discharge sewage.
MEDICAL HEALTH OFFICER
means the Medical Health Officer appointed under the
Health Act, or his designate, to act within the limits of
the jurisdiction of any local board, or within any health
district.
MOSQUITO
means any insect of the Order Diptera, Family
Culicidae, capable of transmitting an endemic disease
to humans.
MULTIPLE FAMILY DWELLING means any building with three or more dwelling units,
but does not include any area in a building which is not
normally readily accessible to the general public or to
the residential occupants of the building.
OIL
means oil of any kind or in any form and, without limiting
the generality of the foregoing, includes petroleum, fuel
oil, sludge, oil refuse and oil mixed with wastes, but does
not include dredged spoil;
OPERATOR
means any person who, as a proprietor, lessee,
manager, employee, or otherwise, carries on the
operating of a facility or business on behalf of a
licencee, if applicable, and includes any person
managing or supervising such facility or business.
OUTDOOR SPORT FACILITY
means City owned natural and synthetic turf sports
fields, ball diamonds, stadiums, track and field
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facilities, lawn bowling greens, golf courses, horseshoe
pitching pits, lacrosse boxes, tennis courts and outdoor
swimming pools.
PESTICIDE
means any substance or mixture of substances
intended for killing, controlling or managing insects,
fungi, weeds and other forms of life that are considered
to be pests, but does not include rodenticides, avicides
or those substances listed as exempted pesticides in
the regulations of the Pesticide Control Act (BC).
PLACES OF PUBLIC
ASSEMBLY
means a building or portion of such building used
for gathering together of persons for the purpose of
education, worship, entertainment, recreation, business
or amusement, including a shopping mall and a bingo
hall, but does not include a private residential dwelling.
PLAYGROUND
means City owned playground equipment, including the
surrounding playground safety surfacing.
POTABLE WATER
means water which has been approved for drinking
purposes by the Medical Health Officer.
PREMISES
means a portion of a building in respect of which a
person or business has exclusive possession.
PROMINENTLY
means of such a size and placed in such a position that
the text of the sign or the graphic symbol, or the notice,
whichever is applicable, is clearly visible to all persons
in the vicinity.
PUBLIC FACILITY
means a building or facility which is operated, wholly or
in part, by or for the City and into which the public is
invited.
PUBLIC LAND
means land, whether covered by water or not, which is
owned or controlled by the City, the Greater Vancouver
Regional District, the Greater Vancouver Sewerage
and Drainage District, the Richmond School Board, the
Vancouver/Richmond Health Board, a college or
college council, a hospital or a crown corporation and
which is generally accessible to the public.
PUBLIC PARK
means a Public Park described in the City's Public
Parks and School Grounds Regulation Bylaw No.
8771, as amended or replaced from time to time.
PUMPOUT FACILITY
means an approved device or method for removing
sewage from a holding tank connected to a marine
toilet or from a self contained marine toilet on a water
craft.
RECEPTION AREA
means the public space used by an office or
establishment for the
receiving
or greeting
of
customers, clients or other persons dealing with such
office or establishment.
RESPONSIBLE PERSON
means a person who owns, controls, manages, or
supervises a business, building, premises, common
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area, customer service area, place of public
assembly, or a vehicle for hire, and without limitation,
includes an operator and the driver of a vehicle for
hire.
RODENT
means any of a large group of small gnawing animals,
including rats and mice, that may create a potential or
real public health problem or nuisance.
SCHOOL GROUND
means a School Ground described in the City's Public
Parks and School Grounds Regulation Bylaw No.
8771, as amended or replaced from time to time.
SEWAGE
means human excretions or the water-carried wastes
from drinking, culinary purposes, ablutions, laundering,
food processing, or ice producing.
SHOPPING MALL
means an area of a building or structure to which the
public have access as of right or by invitation, expressed
or implied, that is used in common by two or more retail
stores for the purpose of providing access to customers
and to which area the retail stores are physically closed
when not in operation.
SMOKE OR SMOKING
means to inhale, exhale, burn or carry:
(a)
a lighted cigarette, cigar, pipe, hookah pipe or
other lighted smoking equipment that burns
tobacco, cannabis or other weed or substance; or
(b)
an activated e-cigarette.
SPOT TREATMENT
means pesticide application to a localized or restricted
area.
VEHICLE
means the interpretation given in the Motor Vehicle Act.
VEHICLE FOR HIRE
means a Vehicle For Hire described in the City's
Vehicle for Hire Regulation Bylaw No. 6900, as
amended or replaced from time to time.
WATER CRAFT
means any boat, hull, barge or float home which is
afloat, whether self-propelled or not, and includes both
pleasure and commercial crafts.
WORKPLACE
includes the whole or any part of a building, structure or
passenger conveyance in which a person carries on
business, but does not include a private residence.
ZONING BYLAW
means the current Zoning Bylaw of the City.
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PART 8.2
Where:
(a)
any word or term or name or abbreviated work or abbreviated term or
abbreviated name used in Subdivision Three is not defined in Subdivision Eight;
or
(b)
any technical standard or abbreviated technical standard that is used in
Subdivision Three is not set out in this bylaw,
such word, term, name, abbreviated word, abbreviated term, abbreviated name,
technical standard or abbreviated technical standard is to be interpreted by reference to
the definitions and technical standards last published by the Canadian Standards
Association (CSA), or by the American National Standards Institute (ANSI), or by the
International Organization for Standardization (ISO), or by the International Electro-
Technical Commission (IEC), or by the Society of Automotive Engineers (SAE), or by
the Machinery and Equipment Manufacturers Association of Canada (MEMAC), as the
context of this bylaw and the case may require.
SUBDIVISION NINE: PREVIOUS BYLAW REPEAL
9.1
Fetal Alcohol Syndrome Warning Sign Bylaw No. 5673 (adopted July 22nd, 1991), is
hereby repealed.
9.2
City of Richmond Food Handler Bylaw No. 5692 (adopted June 24th, 1991), is hereby
repealed.
9.3
Marina Health & Safety Regulation Bylaw No. 5138 (adopted July 11th, 1988), is
hereby repealed.
9.4
Noise Control Bylaw No. 5401 (adopted November 14th, 1989) and the following
amendment bylaws are hereby repealed:
BYLAW NO.
ADOPTED ON
6714
March 10th, 1997
6836
February 9th, 1998
6928
June 22nd, 1998
9.5
The Corporation of the Township of Richmond Notification and Signage of Pesticide
Applications Bylaw No. 5469 (adopted on January 22, 1990), is hereby repealed.
9.6
Rodent (Communicable Disease) Control Bylaw No. 4172 (adopted on March 28,
1983), is hereby repealed.
9.7
Smoking Control Bylaw No. 4514 (adopted on April 14, 1986), and the following
amendment bylaws, are hereby repealed:
Bylaw No. 6989
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BYLAW NO.
ADOPTED ON
5241
November 14, 1988
6637
August 26, 1996
6907
June 22, 1998
9.8
Smoking in the Workplace Bylaw No. 4762 (adopted on March 23, 1987) is hereby
repealed.
9.9
Eating and Drinking Establishment Regulation Bylaw No. 1608 (adopted on
December 1, 1958), is hereby repealed.
9.10
Noxious Insect Control Bylaw No. 1961 (adopted on April 29, 1963), is hereby
repealed.
9.11
Poison Gas Fumigation Regulation Bylaw No. 1792 (adopted on October 17, 1960),
is hereby repealed.
SUBDIVISION TEN: SEVERABILITY AND BYLAW CITATION
10.1
The provisions of this bylaw are severable, and if, for any reason, any subdivision,
part, section, subsection, clause, or sub-clause, or other words in this bylaw are for
any reason, found to be invalid or unenforceable by the decision of a Court of
competent jurisdiction, such decision does not affect the validity of the remaining
portions of this bylaw.
10.2
This bylaw is cited as "Public Health Protection Bylaw No. 6989".
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SCHEDULE A to
BYLAW NO. 6989
WARNING:
Drinking Distilled Spirits,
Beer, Coolers, Wine and
Other Alcoholic
Beverages During
Pregnancy can Cause
Birth Defects.
City of Richmond Public Health Protection Bylaw