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THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2814
A BYLAW TO PROVIDE FOR THE PREVENTION OF FIRE AND THE PROTECTION OF PERSONS AND
PROPERTY IN THE CITY OF ROSSLAND
WHEREAS the Community Charter authorizes the City of Rossland, for the health, safety or protection of
persons and property to regulate municipal services and fires by bylaw;
NOW THEREFORE, the Council of the City of Rossland, in open meeting assembled ENACTS AS FOLLOWS:
PART 1 - TITLE
1.
This bylaw may be cited as "The City of Rossland Fire Prevention and Burning Bylaw No. 2814, 2023.
PART 2- INTERPRETATION
2.
For the purposes of this bylaw, the following words and expressions are defined:
a)
"Bylaw Officer" means any person appointed by the Council as a Bylaw Officer.
b)
"Burning Bylaw" means 'The City of Rossland Fire Prevention and Burning Bylaw No. 2814, 2023'.
c)
"Burn Permit" means a document issued pursuant to the provisions of this bylaw authorizing a
person to engage in open burning as outlined in this bylaw and under the conditions specified in
Schedule B, as part of this bylaw.
d)
"Campfire" means an open fire that:
i)
burns clean firewood in a pile no larger than 0.5 metres in height and 0.5 metres in diameter,
ii)
is ignited only when there are no other restrictions in place for doing so and doing so is,
and will continue to be safe,
iii) is attended by a person that:
a)
has taken reasonable precautions to ensure the fire is contained,
b)
is equipped with sufficient firefighting tools and water supply and attends the fire to
prevent its escape,
c)
carries out fire control and reports the fire if it spreads beyond the burn area and,
d) ensures the fire is extinguished before leaving the area.
e)
"City" means the City of Rossland.
f)
"Council" means the Council of the City of Rossland.
g)
"Fire Service" means the Kootenay Boundary Regional Fire Rescue (KBRFR).
h)
"Fire Service Officer" means any person who is designated by the Kootenay Boundary Regional
Fire Rescue Chief to enforce, apply, or carry out duties as required by this bylaw.
City of Rossland Fire Prevention and Burning Bylaw No. 2814, 2023
Page 1 of 8
THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2814
A BYLAW TO PROVIDE FOR THE PREVENTION OF FIRE AND THE PROTECTION OF PERSONS AND
PROPERTY IN THE CITY OF ROSSLAND
i)
"Garbage" means all household and commercial waste or refuse, whether it contains the
remains of edible food or not.
j)
"Manager of Public Works" means the Manager of Public Works or a designated employee of the
City of Rossland.
k)
"Open Burning" Open burning - means the combustion or burning of any substance or material
in the open air by any means, but shall not include:
i.
campfires as defined above in item 2. d);
ii.
the operation of- CSA-rated or ULC-rated cooking stoves and barbeques that use gas,
propane or briquettes, or of portable campfire apparatus that use briquettes, liquid fuel or
gaseous fuel, as long as the height of the flame is less than 15 cm tall;
iii.
burning conducted by a person who has been issued a Burn Permit in accordance with this
bylaw;
iv.
fires used or recommended by the Ministry of Forests to manage ecosystems for purposes
of silviculture management, forest fuel management, fire hazard reduction, wildlife
enhancement, domestic range improvement and the use of fire as a means of fire control;
v.
burning lawfully conducted under permit as part of a farm operation, pursuant to the
provisions of the Farm Practices Protection (Right to Farm) Act.
I)
"Prohibited Materials" means any material defined as prohibited by the Province of BC Ministry of
Environment as listed below:
.x Animal carcasses and waste from
.x Domestic waste
animal slaughtering
.x Electrical wire
.x Asphalt or asphalt products
.x Fibreglass and other fibre-
.x Batteries
reinforced polymers
.x Biomedical waste
.x Fuel and lubricant containers
.x Carpets
.x Furniture and appliances
.x Construction waste*
.x Demolition Waste
.x Drywall
.x Hazardous waste
.x Manure
.x Paint and varnish
.x Plastics
.x Polystyrene foam
.x Railway ties
.x Rubber
.x
Tar paper
.x Tires
.x Treated or painted
wood products
.x Used oil
* Other than lumber not treated with wood preservatives or other chemicals and not coated with paint,
varnish, oil or other finishing material
m) "Yard Waste" means any materials from a yard including but not limited to, tree cuttings,
branches and leaves that do not classify as clean firewood.
City of Rossland Fire Prevention and Burning Bylaw No. 2814, 2023
Page 2 of 8
THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2814
A BYLAW TO PROVIDE FOR THE PREVENTION OF FIRE AND THE PROTECTION OF PERSONS AND
PROPERTY IN THE CITY OF ROSSLAND
PART 3- OPEN BURNING AND BURN PERMITS
3.1
Except as hereinafter provided, no person shall light, ignite or allow or cause to be lighted or
started a fire of any kind whatsoever in the open air without first obtaining an approved Burn
Permit Application in the form of Schedule "B" attached hereto and forming part of this bylaw.
3.2
A Burn Permit is not required as outlined in items i. to v. under the Open Burning definition.
3.3
Only when the Burn Permit Application (Schedule B) has been approved by the Manager of Public
Works (or designate), can a person engage in open burning as outlined in this bylaw.
3.4
The Manager of Public Works or designate may issue a Burn Permit for open air burning of
material accumulated from urban interface clearing, agricultural pruning and land clearing or to
remove a fire hazard.
3.5
The Fire Service Officer, Manager of Public Works or their designate may rescind or suspend any
Burn Permit issued under this bylaw if:
a)
a BC Wildfire Service - Southeast Fire Centre open fire prohibition or ban is imposed or is
in effect;
b) the Burn Permit holder breaches or violates any provisions within this bylaw;
c)
it is determined by the Fire Service Officer, Manager of Public Works or their designate
that the Burn Permit holder may have submitted an application with inaccurate or false
information.
3.6
Every person to whom a Burn Permit has been issued under this bylaw will:
a)
place and always keep a competent person in charge of such fire while the same is
burning or smoldering and until such fire is completely extinguished.
b)
provide that person with sufficient resources to prevent the fire from getting beyond
control or causing damage or becoming dangerous to life or property.
c)
be responsible for the care and control of such fire until it is extinguished.
d)
Be responsible for the extinguishing of a fire which creates a nuisance and is ordered
extinguished by the Fire Service Officer, Manager of Public Works or their designate.
3.7
Burning of 'prohibited materials', 'garbage' and 'yard waste' (as defined in Section 2 of this bylaw)
are always and without exception prohibited.
3.8
Fires shall not be started when wind and weather are such that to do so is likely to be hazardous.
3.9
Burning under a Burn Permit may only occur on days when the Venting Index is greater than 55,
as reported by the BC Ministry of Environment for Rossland and area.
City of Rossland Fire Prevention and Burning Bylaw No. 2814, 2023
Page 3 of 8
THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2814
A BYLAW TO PROVIDE FOR THE PREVENTION OF FIRE AND THE PROTECTION OF PERSONS AND
PROPERTY IN THE CITY OF ROSSLAND
3.10
No person to whom a Burn Permit has been issued under this bylaw, or in any fire, shall burn any
material as prohibited in the B.C. Reg. 145/93 of the Environmental Management Act, Open
Burning Smoke Control Regulation, as amended from time to time.
3.11
Where burning, under Burn Permit, creates a nuisance or hazardous conditions exist, such
burning may be banned by the Fire Service Officer, Manager of Public Works or their designate.
Alternatively, the Fire Service Officer, Manager of Public Works or their designate may require
the use of curtain burners or pit systems.
3.12
Any fire started under the above regulations shall be extinguished by the property owner upon
request of the Fire Service Officer, Manager of Public Works or their designate.
3.13
The Manager of Public Works or designate may cancel or refuse to issue a Burn Permit whenever
burning, having regard to all the prevailing circumstances, would likely be hazardous or create a
nuisance.
PART 4 - CAMPFIRES
4.1
Although Part 3 of this bylaw applies to Open Burning as defined in Part 1- Definitions,
Campfires will be prohibited/ banned within the City of Rossland when:
a)
the BC Wildfire Service - Southeast Fire Centre prohibits/ bans 'Category 1 Campfires' or;
b)
the Fire Service Officer or Manager of Public Works (or designate) deems Campfires as
creating a nuisance or hazardous conditions exist.
PART 5 - COST RECOVERY
5.1
Every owner/occupant of a dwelling who starts or allows to be started any outdoor fire or open
burning is responsible for such fire. If, in the opinion of the Fire Service Officer, the fire presents
a hazard, has escaped, or threatens to escape from the owner's control or is prohibited under
the terms of this bylaw, the Fire Department may be summoned to control or extinguish the fire.
The owner shall be liable for all costs and expenses incurred by the Fire Department and/or the
City to control or extinguish the fire.
5.2
In addition, the Fire Department may levy fines as it deems appropriate. The costs and expenses,
including penalties, may be recovered from the owner together with any administration costs in
the same manner as municipal taxes.
City of Rossland Fire Prevention and Burning Bylaw No. 2814, 2023
Page 4 of 8
THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2814
A BYLAW TO PROVIDE FOR THE PREVENTION OF FIRE AND THE PROTECTION OF PERSONS AND
PROPERTY IN THE CITY OF ROSSLAND
PART 6 - INSPECTIONS AND ORDERS
6.1
Fire Service, Officers, employees, or agents ofthe City may enter at all reasonable times, any
property that is subject to the requirements or regulations of this bylaw, to ascertain whether
the regulations or provisions made under this bylaw are in compliance.
6.2
Fire Service is authorized to order a fire to be extinguished.
6.3
No person shall obstruct or prevent the Fire Service, officers, employees, or agents of the City
from conducting an inspection under this bylaw.
6.4
Officers, employees, or agents of the City of Rossland may make orders directing the owners or
occupiers of property to bring the fire into compliance with the bylaw.
6.5
All persons shall maintain private roadways, access roads, fire lanes and yards for Fire Service
and Emergency vehicle access in conformance with the British Columbia Fire Code.
PART 7 - SCOPE AND PENALTIES
7.1
In the event of there being any conflict between the terms and provisions of this bylaw and the
terms and provisions of the Fire Services Act or the Waste Management Act and regulations
thereunder or other provincial acts or regulations, the terms and provisions of the said acts and
regulations shall prevail.
7.2
Any person who violates any of the provisions of this bylaw, or who suffers or permits any act or
thing to be done in contravention of this bylaw, or who neglects to do or refrains from doing any
act or thing which is required to be done by any of the provisions of this bylaw, shall be deemed
to have violated the provisions of this bylaw and shall be liable to the penalties hereby imposed.
Each calendar day that such violation is permitted to continue shall be deemed as a separate
offence.
7.3
Failure to comply with any of the provisions of this Bylaw may result in the issuance of a Bylaw
Offence Notice under the "City of Rossland Bylaw Notice Enforcement Bylaw" as amended from
time to time, for a fine in accordance with the amounts prescribed in Schedule A of this bylaw.
7.4
Every person who violates any of the provisions of this bylaw shall, upon summary conviction
thereof, be liable to a penalty of not less than $2000.00 (two-thousand dollars) nor more than
$50,000.00 (fifty-thousand dollars), pursuant to the Offence Act.
City of Rossland Fire Prevention and Burning Bylaw No. 2814, 2023
Page 5 of 8
THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2814
A BYLAW TO PROVIDE FOR THE PREVENTION OF FIRE AND THE PROTECTION OF PERSONS AND
PROPERTY IN THE CITY OF ROSSLAND
PART 8 - LIABILITIES FOR DAMAGES
8.1
This bylaw shall not be construed to hold the Corporation nor its authorized agent or agents
responsible for any damage to persons or property by reason of:
a)
inspections authorized by this bylaw, or
b)
failure to carry out an inspection, or
c)
a permit issued as herein provided.
PART 9 - REPEAL AND ENACTMENT
9.1
If any section, subsection or clause of this bylaw is for any reason held to be invalid by the
decision of a court of competent jurisdiction, such decision will not affect the validity of the
remaining portions of this bylaw.
9.2
City of Rossland Burning Bylaw No. 2383 and all its amendments thereto are hereby repealed.
9.3
This Bylaw shall come into full force and effect on the final adoption thereof.
READ A FIRST TIME THIS
READ A SECOND TIME THIS
READ A THIRD TIME THIS
ADOPTED THIS
City of Rossland Fire Prevention and Burning Bylaw No. 2814, 2023
this 14th day of August 2023
this 14th day of August 2023
this 14th day of August 2023
this 11th day of September 2023
/LJ
/
CORPORA~
Page 6 of 8
THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW NO. 2814
SCHEDULE "A" - BURNING BYLAW PENALTIES
Offence Description
Open Burning without a valid Burn Permit
Failure to Comply with Burn Permit Terms and Conditions
or creating a nuisance
Burning of prohibited material, etc.
Burning during hazardous wind conditions
Burning during a venting index of >55
Failure to comply with campfire prohibition/ ban
Failure to maintain private roadways, access roads, fire
lanes yards for Fire Service and Emergency vehicle access
City of Rossland Fire Prevention and Burning Bylaw No. 2814, 2023
Schedule A - Penalties
Section(s)
3.1, 3.3, 3.5
3.6, 3.11, 3.12
3.7, 3.10
3.8
3.9
4.1
6.5
Amount
$500.00
$200.00
$500.00
$200.00
$200.00
$200.00
$300.00
Page 7 of 8
THE CORPORATION OF THE CITY OF ROSSLAND
BYLAW No. 2814
SCHEDULE B - BURN PERMIT APPLICATION
1920 Third Avenue, PO Box 1179, Rossland BC, V0G 1Y0
Phone: 250-362-7396 Email: [email protected]
Page 1 of 1
City of Rossland Fire Prevention and Burning Bylaw No. 2814, 2024
Schedule B
APPLICANT INFORMATION
Name
Physical
Address
Phone
Email
BURN INFORMATION
Purpose of
Burn
What? Why?
Why not other options?
Request
Start Date
Request
End Date
BEFORE BURNING
I will prep burn according to
Category
Open Fire Regulation Campfire Category 2 and 3 Poster
https://www2.gov.bc.ca/assets/gov/public-safety-and-emergency-
services/wildfire-status/fire-bans-and-restrictions/ofr_poster_-
_email_distribution_72dpi_no_bleeds.pdf
BEFORE BURNING
I will check Provincial Restrictions
for Arrow Lake Fire Zone
Wildfire Status Fire Bans and Restrictions
http://bcfireinfo.for.gov.bc.ca/hprScripts/WildfireNews/Bans.asp
BEFORE BURNING
I will check the Smoke Sensitivity
Rating
BC Smoke Sensitivity Zone Map
https://www2.gov.bc.ca/gov/content/environment/air-land-water/air/air-
pollution/smoke-burning/regulations/openburningregulation/smoke-sensitivity-
zone-maps
BEFORE BURNING
I will check the Venting Index
Ventilation Index BC Air Quality
http://www.env.gov.bc.ca/epd/epdpa/venting/ or 1-888-281-2992
DAY OF THE BURN
I will call to notify RDKB Fire Resue
Call 250-364-1737 every day that the burn will take place.
TERMS AND CONDITIONS
1.
The applicant will only proceed with burning of suitable material in conjunction with all regulations and requirements of the City of
Rossland Burning Bylaw and the Province's requirements for conducting a burn.
2.
All burning activities must be completed between Start and End date as noted above. Reapply to extend dates.
3.
The applicant will make all efforts to ensure your activities cause the least amount of nuisance to neighbour properties
4. The applicant acknowledges that any additional costs incurred by the City of the Regional District of Kootenay Boundary as a result of
attending to your activities, will be the applicant's responsibility to pay for the applicable cost of those services
I have read the above terms and conditions, understand and agree.
Applicant Signature
Date Signed
For Office Use Only
Operations
Approval Name
Signature
Date
Office to Email Approved Application to RDKB [email protected] | Applicant will also need Copy