Spallumcheen, British Columbia
· No. 2049
· adopted 2021-08-18
· summary & facts
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Township of Spallumcheen Fire Prevention Bylaw No. 2049, 2021
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THE CORPORATION OF THE TOWNSHIP OF SPALLUMCHEEN
BYLAW NO. 2049, 2021
CONSOLIDATED VERSION - FOR CONVENIENCE ONLY
(With the following amendments: Bylaw No. 2153, 2024)
A bylaw to establish conditions relating to fire prevention and other regulations pertaining
to fire related matters within the Township
WHEREAS the Township of Spallumcheen, jointly with the City of Armstrong, has established and
operates the Fire Department pursuant to the Intermunicipal Fire Services Bylaw;
AND WHEREAS the operation of the Fire Department is subject to the terms of the Intermunicipal
Agreement with the City of Armstrong;
AND WHEREAS the Township of Spallumcheen Council is permitted under the Intermunicipal
Agreement to establish bylaws relating to fire prevention and regulation, and similar matters, which
the Fire Department is responsible for enforcing;
AND WHEREAS the Township of Spallumcheen wishes to enact this bylaw to address matters
related to fire prevention and regulation;
NOW THEREFORE, the Council of the Township of Spallumcheen, in an open meeting duly
assembled, enacts as follows:
The following is an index to this bylaw:
Part 1
Definitions
Part 2
Adoption of Codes and Fire Department Authority
Part 3
Permits and Licenses
Part 4
General
Part 5
Penalties
Part 6
Miscellaneous
PART 1 - DEFINITIONS
1.1
In this bylaw all words and phrases not otherwise defined shall be construed as having their
ordinary meaning except those words and phrases defined in accordance with the Building
Code, the Fire Safety Act or the Fire Code.
1.2
In this bylaw, including in the recitals hereto, unless the context requires otherwise:
"Building Code" means the British Columbia Building Code 2012 and regulations made under it
and includes any and all amendments and successor codes;
"Campfire" means an open-air fire used for cooking, recreational and/or ceremonial purposes;
"Chief Administrative Officer" means the person duly appointed to serve as Chief
Administrative Officer of the Township;
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"City" means the Corporation of the City of Armstrong, a municipality as described in its Letters
Patent and the geographic area contained within the boundaries thereof as the context requires;
"Community Charter" means the Community Charter, SBC 2003, c. 26 as amended or re-
enacted from time to time;
"Compostable Materials" means waste products from plants, trees, and/or other Vegetation
that are naturally biodegradable, including grass clippings, leaves, tree needles, garden waste
and weeds;
"Construction Waste" means any material resulting from, or produced by, the complete or
partial construction of a structure, including, but not limited to pipe, concrete, asphalt, roofing
material, masonry, wire, treated wood, particle board, paint, drywall, tar and asphalt products;
"Council" means the Council of the Township of Spallumcheen;
"Demolition Waste" means any material resulting from or produced by the complete or partial
demolition or tearing down of a structure but does not include any Prohibited Materials;
"Domestic Waste" means household material and food waste, but does not include any
Prohibited Materials;
"Equipment" means any tools, contrivances, devices or materials used by the Fire Department
to combat an Incident or other emergency;
"Fees" means the schedule of fees prescribed in the Township of Spallumcheen Fees and
Charges Bylaw;
"Fees and Charges Bylaw" means the current Township of Spallumcheen Fees and Charges
Bylaw, as amended from time to time;
"Filling Station" means a commercial establishment that sells gasoline and oil for motor vehicles;
"Fire" means the combustion or burning of a substance;
"Fire Chief" means the person duly appointed to serve as the head of the Fire Department under
the Intermunicipal Agreement, or the Fire Chief's lawful deputy or any person duly appointed to act
in the Fire Chief's absence or as his or her designate;
"Fire Code" means the British Columbia Fire Code 2012 and regulations made under it and
includes any and all amendments and successor codes;
"Fire Department" means the Armstrong-Spallumcheen Fire Department;
"Fire Hall" means the fire hall of the Fire Department located at 3540 Mill Street, Armstrong,
B.C., and includes any fire hall built in replacement thereof or any additional fire hall or fire halls
owned or used by the Fire Department;
"Fire Inspector" meaning as defined in the "Fire Safety Act";
"Fire Investigator" meaning as defined in the "Fire Safety Act";
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"Fire Protection" means all aspects of protection including but not limited to fire safety
activities, fire prevention, firefighting or fire suppression, pre-fire planning, fire investigation,
public education and information, training or other staff development and advising;
"Fire Safety Act" means the Fire Safety Act, SBC 2016, c.19, as amended or reenacted from
time to time;
"Fire Service Area" means the area within the boundaries of the Township and as otherwise
authorized by the Intermunicipal Fire Services Bylaw;
"Fire Services Commission" means the Commission authorized under the Intermunicipal Fire
Services Bylaw and the corresponding bylaw of the City of Armstrong, and established under the
Intermunicipal Agreement to administer and oversee the operation of the Fire Department;
"Fireworks" has the same meaning as defined in the Fireworks Act;
"Fireworks Act" means the Fireworks Act, RSBC 1996, c. 146, as amended or re-enacted from
time to time;
"Incident" means an event or situation to which the Department has responded or would normally
respond, whether alone, or in conjunction with other emergency services, and includes any post
event clean-up, over-haul and investigations;
"Intermunicipal Fire Services Bylaw" means the current Township of Spallumcheen
Intermunicipal Fire Services Bylaw, as amended from time to time;
"Local Assistant Fire Commissioner" means the Fire Chief and persons authorized in writing
by the Fire Chief to exercise the powers of a local assistant under the Fire Safety Act;
"Member" means any person or Officer who is a duly enrolled member of the Fire Department;
"Municipal Ticket Information" means the current Township of Spallumcheen Municipal Ticket
Information Bylaw, as amended from time to time;
"Officer" means a Member who is appointed by the Fire Chief as an Officer within the Fire
Department in accordance with the Intermunicipal Fire Services Bylaw and Intermunicipal
Agreement;
"Open Burning" means any outdoor fire that does not burn within container equipped with a
chimney or stack and includes Campfires;
"Order" means an order in writing issued by the Fire Chief in relation to the enforcement of any
provision of this Bylaw or Intermunicipal Fire Services Bylaw, which order shall specify the
particulars of the matter at issue which require correction, the property or premises affected and
the date by which compliance is to be achieved;
"Permit" means a permit required under this bylaw or another applicable enactment;
"Private Hydrant" means a hydrant installed on private property by its owners as part of a system
of Fire protection for that property;
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"Prohibited Materials" means materials that must not be subject to Open Burning which include
the following: Compostable Materials, food waste, animal carcasses and manure, newspaper and
cardboard, treated construction materials, wire, insulation, rubber and plastics, herbicides and
pesticides, painted, stained or pressure treated wood, railway ties, asphalt, paint, asphalt
products, fuel and lubricant and any other material which may produce dense black Smoke;
"Smoke" means the gases, particulate matter, and all other products of combustion emitted into
the atmosphere when a substance or material is burned including, without limitation, smoke,
dust, gas, sparks, ash, soot, cinders, fumes, or other effluvia;
"Township" means the Corporation of the Township of Spallumcheen, a municipality, as described
in its Letters Patent;
"Vegetation" means trees, shrubs, plants, and herbs or any prunings therefrom, grass and garden
refuse;
"Vehicle" means a vehicle as defined in the Motor Vehicle Act, RSBC 1996, c. 318, as amended
or re-enacted from time to time;
"Ventilation Index" means the ventilation index administered and published by Environment
Canada or other equivalent agency of the government of Canada which constitutes a measure of
the atmosphere's ability to disperse pollution; and
"Zoning Bylaw" means the current Township of Spallumcheen Zoning Bylaw, as amended from
time to time.
PART 2 - ADOPTION OF CODES AND FIRE DEPARTMENT AUTHORITY
2.1
The Fire Code and the Building Code are laws of provincial application which are in effect
within the Township, and the Fire Department is hereby authorized to enforce the provisions
of same in connection with its Fire Protection activities hereunder and under the
Intermunicipal Fire Services Bylaw.
2.2
The Fire Department is hereby authorized to enforce the provisions of this bylaw within the
Township, and in connection therewith, to exercise the powers provided for herein and in
the Intermunicipal Fire Services Bylaw. The Fire Department, subject to the direction of
the Fire Services Commission, will develop appropriate operational guidelines directing
the Fire Department Members in relation to the enforcement of this bylaw, and the exercise
of any powers or authorities in connection therewith.
2.3
The Fire Chief, and any Officer designated by the Fire Chief shall have the following duties
and powers:
(a)
the authority to order the removal from any property or premises any paper, rubbish
or other combustible material which in his or her opinion is dangerous and may
support a Fire; and
(b)
the authority and obligation to provide for the administration and enforcement of the
BC Fire Code, the Fire Safety Act, the Open Burning Smoke Control Regulation,
and this bylaw.
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2.4
The Fire Chief and any Officer designated by the Fire Chief shall be designated as the Fire
Inspector to conduct fire safety inspections and/or Fire Investigator to conduct fire
investigations as required by the Fire Safety Act.
2.5
No person shall impede, or in any way hinder, the Fire Chief or any Member of the Fire
Department while conducting Fire Protection activities for the Township under or in relation
to this bylaw.
PART 3 - PERMITS AND LICENCES
3.1
A Permit shall be obtained from the Fire Chief before erecting, storing or installing any
of the following:
(a)
commercial or industrial oil burning equipment and storage tanks connected to same;
(b)
a commercial tank for the storage of flammable or combustible liquid at a refining
or wholesale storage plant or at a gasoline station, including marine, and pumps
connected to same;
(c)
a tank or tanks for storage of gasoline or other flammable or combustible liquids
located on private property together with associated pumping devices;
(d)
a Fire alarm, exit sign or emergency lighting; or
(e)
a sprinkler system.
3.2
An application for a Permit may be made in the form prescribed by the Fire Chief and
shall include the following:
(a)
a statement of the intended use of the occupancy or operations to be conducted
on the premises,
(b)
two copies of the specifications and scale drawings of the building with respect
to the use and occupancy showing:
(i)
the dimensions of the building and its location;
(ii)
the proposed use of each room or floor area;
(iii)
fire protection and fire prevention
installations
including
portable
extinguishers, fire alarms and Smoke detectors, as required by the Fire
Safety Act;
(iv)
means of egress; and
(c)
the signature of the applicant.
3.3
The fees, as determined from time to time by resolution of Council and included in the
Township's Fees and Charges Bylaw, shall be paid by all applicants for any Permit
required by this bylaw or the regulations passed under the provisions of the Fire Safety
Act, and for the inspection of any work or thing for which a Permit is required.
3.4
The Fire Chief may issue a Permit if,
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(a)
an application, completed in full, has been received;
(b)
the Fire Chief is of the opinion that the proposed operation or occupancy complies
with the provisions of the Fire Safety Act, regulations thereunder, this bylaw and
any other applicable bylaw; and
(c)
the Permit fee has been paid.
3.5
The Fire Chief may refuse to issue a Permit or revoke a Permit where, in the Fire Chief's
opinion:
(a)
there is a violation of any condition under which the Permit was issued; or
(b)
there is a violation of any requirement of the Fire Safety Act or regulations
thereunder, this bylaw or any other applicable bylaw; or
(c)
any Fire permitted through the issuance of the Permit would be likely to be
hazardous or create a nuisance; or
(d)
any conditions or circumstances relevant to the issuance of the Permit, or the
activities pursuant thereto, have changed such that the Fire Chief is of the opinion
that the activities authorized under the Permit should not be undertaken.
3.6
Permits and licenses shall be posted on the subject premises in a conspicuous place to
the satisfaction of the Fire Chief.
3.7
Where an owner of his agent has commenced work or allowed work to commence on an
installation or other work requiring a Permit before a Permit is issued, the amount of the
fee required to be paid is double the amount shown in the Township's Fees and Charges
Bylaw.
3.8
The issuance of any Permit under this bylaw shall not be construed in any way to make
or hold the Township or its employees (including the Fire Department) liable or responsible
for any damages arising out of any action carried out by any person whether or not such
action was carried out in accordance with the terms of the Permit.
3.9
A Permit issued under this bylaw:
(a)
shall not take the place of any other licence or permit required by another
enactment; and
(b)
shall not be transferable.
PART 4 - GENERAL FIRE REGULATIONS
4.1
Open Burning Regulations:
(a)
no person shall light, ignite, start, allow, cause to be lighted, ignited or started any
Open Burning or a Fire of any kind in the open air unless the following regulations
have been followed:
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(i)
Open Burning of Vegetation by farmers, orchardists and household
residents shall be allowed without a Permit from November 1 each year to
April 30 of the following year unless an open burning fire ban has been
issued by the Fire Chief;
(a) Properties zoned Residential (R.1) or Residential (R.5) in the Township
of Spallumcheen Zoning Bylaw, as amended from time to time, shall not
be permitted to open burn at any time;
(ii)
ensure that ventilation index administered and reported by Environment
Canada for the Township is at a minimum "good" prior to burning;
(iii)
ensure that a competent person, being no less than 18 years of age is
present and supervises the Fire at all times while it is burning or smoldering
and until such time as the Fire is completely extinguished;
(iv)
provide sufficient appliances and equipment in order to prevent the Fire from
getting beyond control, causing damage, becoming dangerous to life or
property;
(v)
ensure that the site of the Fire is not less than 5 metres from property lines,
standing timber, brush or structures and not less than the limits as set out in
the an authorized burning Permit; and
(vi)
not kindle, light, ignite, start, allow, cause to be lighted or maintain a Fire on
land of another without the permission of the owner thereof;
(vii)
the following materials may be burned without a Permit:
(a) untreated wood, prunings, branches, tree trunks, tree stumps; and
(b) other Vegetation;
(viii)
Prohibited Burning & Materials (included for reference but not limited to):
(a) the burning of household garbage;
(b) burn barrels;
(c) Construction Waste, Domestic Waste or Demolition Waste;
(d) land being cleared or partially cleared of Vegetation including wood,
trees, stumps, shrubbery or woody debris without a valid Permit issued
for same; and
(e) the kindling, lighting, igniting, starting, allowing or causing of a fire on any
lane, street, road, highway, boulevard, easement, right-of-way, or any
other property owned by the Township.
(ix)
New material must not be added to an Open Burning fire, if any one or more
of the following applies:
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(a) The Ventilation Index is not rated as "good" by Environment Canada in
relation to the Township;
(b) weather conditions on the site where the Open Burning is to take place
are not suitable to provide rapid dispersion of the Smoke emissions to
the atmosphere so as to not negatively impact on a nearby population;
(c) an inversion forms, trapping Smoke near the surface which negatively
impacts a nearby population; or
(d) wind conditions are such that sparks, ash, or cinders may cause the Fire
to spread beyond the controlled area of the Open Burning.
(e) Part 4.1 does not apply to:
i.
small confined fires used for cooking food in grills and barbecues;
ii.
burning of Fires conducted by the Township; and
iii.
Open Burning for fire training exercises.
(b)
Any person who neglects or refuses to comply with the requirements of subsections
(a) of this section shall be guilty of an offence.
4.2
Campfire Regulations:
(a)
Campfires (except when fire bans are in place) are permitted within the Township
provided that any person who lights, ignites, starts, allows or causes to be lighted,
ignited or started a campfire must meet the following requirements:
(i)
is no larger than 0.5 meters in height and 0.5 meters in width;
(ii)
is contained in a non-combustible base with edging;
(iii)
is used for cooking, recreational or ceremonial purposes;
(iv)
burns dry untreated wood only;
(v)
ensures that ventilation index administered and reported by Environment
Canada for the Township is at a minimum "good" prior to burning;
(vi)
ensures that a competent person, being no less than 18 years of age is
present and supervises the campfire at all times while it is burning or
smoldering and until such time as the campfire is completely extinguished;
(vii)
provides sufficient appliances and equipment in order to prevent the
campfire from getting beyond control, causing damage or becoming
dangerous to life or property;
(viii)
ensures that the site of the campfire is located away from property lines,
standing timber, brush or structures;
(ix)
ensures they have permission of the owner of the land; and
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(x)
is not ignited or burned while a Campfire ban is in effect as stipulated by the
Fire Chief.
(xi)
New material must not be added to a campfire, if any one or more of the
following applies:
(a) The Ventilation Index is not rated as "good" by Environment Canada in
relation to the Township;
(b) weather conditions on the site where the Open Burning is to take place
are not suitable to provide rapid dispersion of the Smoke emissions to
the atmosphere so as to not negatively impact on a nearby population;
(c) an inversion forms, trapping Smoke near the surface which negatively
impacts a nearby population; or
(d) wind conditions are such that sparks, ash, or cinders may cause the Fire
to spread beyond the controlled area of the Open Burning.
(e) Part 4.2 does not apply to:
i.
small confined fires used for cooking food in grills and barbecues;
ii.
burning or Fires conducted by the Township; and
iii.
Open Burning for fire training exercises.
(b)
Any person who neglects or refuses to comply with the requirements of subsections
(a) of this section shall be guilty of an offence.
4.3
Firework Regulations:
(a)
In addition to the Fireworks regulations outlined in the Fire Code, and in
accordance with the Fireworks Act, the following regulations shall apply within
the boundaries of the Township:
(i)
no persons shall sell, give, fire or set off Fireworks except between October
24 and November 1 in any year;
(ii)
notwithstanding the provisions of this regulation, Fireworks must not be
sold to or discharged by any person or organization conducting a public
Fireworks display unless such public display is held with the written
permission of the Fire Chief; and
(iii)
special Permits shall be obtained from the Fire Chief for the buying and
setting off of Fireworks for special occasions outside of the dates set out
in subsection (a)(i) above.
(b)
Any person who neglects or refuses to comply with the requirements of subsections
(a) of this section shall be guilty of an offence.
4.4
Fire Hydrant Regulations:
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(a)
Except when a fire hydrant is opened or operated by a Member of the Fire
Department or an employee, subcontractor or agent of the Township or relevant
water improvement district, it is a violation of this bylaw to open or operate any
Township or Water Improvement District fire hydrant.
(b)
Any person who neglects or refuses to comply with the requirements of subsections
(a) of this section shall be guilty of an offence.
(c)
The following regulations shall apply to Private Hydrants:
(i)
the owner of property on which a Private Hydrant is installed shall maintain
the hydrant at all times in good working condition;
(ii)
inspections, servicing and testing of Private Hydrants shall be performed
only by persons qualified to carry out such services;
(iii)
the owner of a property with one or more Private Hydrants shall:
(a)
not less than semi-annually have all private hydrants installed on
the property flushed, drained, and all threads of outlets and caps
greased with waterproof grease;
(b)
have all Private Hydrants painted as and when required;
(c)
not less than once annually provide to the Fire Chief a written
report of the inspection, servicing and testing conducted in relation
to all Private Hydrants installed on the property;
(d)
keep the ground surface around all private hydrants installed on the
property clear of vegetation or structures of any kind for a a radius
of one and one half meters;
(e)
keep snow removed from the Private Hydrant so it is readily visible
at all times; and
(f)
keep the ground surface between all private hydrants installed on
the property and the nearest street clear of all obstacles including
Vehicles, so as to facilitate use of Private Hydrants by Fire
Department; and
(g)
all Private Hydrants shall be installed to the public works
department standards and shall conform to style and type approved
by the public works department and the Fire Department.
4.5
General Regulations:
(a)
No person shall park any Vehicle within 3 meters of a Fire exit.
(b)
No person shall obstruct or otherwise interfere with access roads or streets or other
approaches to any Incident, fire hydrant, body of water or other source of
water supply designated for firefighting purposes.
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(c)
No person shall throw down or drop any lighted match, cigar, or cigarette or other
burning substance in or near any combustible material.
(d)
All chimneys and heating appliances must be maintained in safe condition and in
accordance with the following:
(i)
all chimneys, smokestacks or similar devices for conveying Smoke or
gasses to the outer air and the stoves, furnaces, fire boxes or boilers to
which they are connected shall be constructed in accordance with the
Building Code and the Fire Service Act and any specific requirements of
the Building Bylaw; and
(ii)
it is the responsibility of the owner or occupier of any building to keep and
maintain any chimney, stovepipe, or flue in safe operating condition.
(e)
Owners and occupiers of all property within the Township must maintain their
property in a safe and prudent manner in order to prevent Fires and in accordance
with the following:
(i)
Owners or occupiers of any building shall not permit cotton batting, straw,
dry vines, leaves, trees, or other highly flammable materials to be used for
decorative purposes in show windows or other parts of stores in connection
with the display of saleable goods permitted and offered for sale. Electric
light bulbs in stores shall not be decorated with paper or other combustible
materials unless such materials shall first have been rendered flameproof;
(ii)
commercial refuse containers shall be placed more than 3 meters away from
any combustible building or structure unless they are equipped with lids
which shall be kept closed in which event the Fire Chief may approve a
lesser distance;
(iii)
where, in the opinion of the Fire Chief, the safety of property is endangered
by debris caused by lumbering, land clearing or industrial operations, or
property is endangered by dry grass or brush, the owner or occupier of
the land on which such debris, dry grass or brush exists shall, subject to
the provisions of section 4.1 hereof, dispose of the said debris, dry grass
or brush by burning as permitted under this bylaw or in any other manner,
and shall cut down and similarly dispose of all dead standing trees, brush
or grass within the area affected, and shall provide such labour and
shall take such precautions to prevent the escape of fire or damage
to property as the Fire Chief or other person duly appointed may direct;
(iv)
upon receiving a notice in writing from the Fire Chief, the owner or occupant
of real property shall ensure that the building described in the notice shall be
made to comply with the Building Code and the Fire Code in respect of
interior stairways, exterior stairways, fire escapes, hallways, exit doors, fire
doors and windows, enclosure of stairways, sprinkler systems, standpipes,
fire alarms, emergency lighting, fire safety plans and any other requirements
which, in the opinion of the Fire Chief, would be necessary for the safety of
the occupants of the building;
(v)
where any person refuses or neglects to obey or comply with any
direction or order given by the Fire Chief, the Fire Chief may, by an Order
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in writing direct that such matter or thing be done by the Township of
Spallumcheen at the expense of the owner of the land to which the Order
applies and the Township of Spallumcheen may recover the expenses
thereof plus interest under the provisions of the Community Charter; and
(vi)
Any person who neglects or refuses to comply with the requirements of
subsections (c), (d) or (e) of this section shall be guilty of an offence.
(f)
The occupier or, if none, the owner, of a property, building, premises, motor Vehicle,
vessel or railway rolling stock, shall immediately report to the Fire Chief when an
explosion, discharge, emission, escape or spill of a hazardous substance occurs,
and shall immediately report to the Fire Chief where the potential for an explosion
or a discharge, emission, escape or spill of a hazardous substance exists.
(g)
The dispensing, fueling, filling, refueling, or refilling of propane or liquefied
natural gas bottles, cylinders or containers of any type shall only be carried
out at inspected and approved facilities at Filling Stations, recreational Vehicle
centres and industrial locations where a person qualified to dispense propane or
liquefies gas is in attendance.
(h)
The following regulations shall apply in respect of flammable or combustible liquids:
(i)
the storage, dispensing, fueling, filling, refueling, or refilling of containers of
any type larger than 22.5 liters (5 gallons) with gasoline, diesel, naphtha, or
any other flammable or combustible liquid shall not be carried out in
residential areas or on properties of less than 0.4047 ha (1 acre);
(ii)
no person shall dispense flammable or combustible liquids into a storage tank
requiring a Permit under the Fire Safety Act unless storage and installation
has been approved by the Fire Chief; and
(iii)
all plants, stores, equipment, buildings, structures and installations for the
storage, handling or use of flammable or combustible liquids, which are in
existence at the time of the passing of this bylaw, may be continued in use
provided that they do not, in the opinion of the Fire Chief, constitute a hazard
to life, or to adjoining property. Any additions to or installations on or upon any
plants, stores, equipment, buildings, structures or installations after the
passing of this bylaw shall conform to the provisions of this bylaw.
4.15
Additional Fire Protection Regulations:
(a)
The following regulations shall apply with respect to emergency access for Fire
Protection purposes:
(i)
all emergency access routes shall be maintained to Township standards;
(ii)
fences, hedges, trees, Vegetation, structures, Vehicles or obstacles of any
kind shall not be allowed to impinge upon any portion of any emergency
access; and
(iii)
approved removable bollards or approved bicycle baffles may be installed
to prevent common use of emergency accesses. The design and
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installation of the bollards and baffles shall be in accordance with public
works department specifications for emergency access and be accepted
by both the public works department and the Fire Department.
(b)
Filling Stations shall be subject to the following requirements:
(i)
In addition to the dispensing procedures outlined in the Fire Code, Filling
Stations shall make use of manually operated pumps only or other
dispensing devices which discharge flammable liquids under pressure or by
gravity flow so adjusted that when the operator's hand is removed the flow
of liquid will be immediately cut off; and
(ii)
No Vehicle shall be refueled while the motor of such Vehicle is running and
a notice indicating such shall be conspicuously posted as to be readily
visible at each pump.
PART 5 - PENALTIES
5.1
Where a person fails or refuses to carry out provisions made under this bylaw or
acts contrary to such provisions or fails or refuses to comply with any condition attached
to a Permit or to which a Permit is subject, the Fire Chief may apply to a Provincial Justice
and on hearing the application the Justice may grant an injunction to restrain that
person from proceeding with the work in respect of which the provision was made or
the Permit was issued and the justice may make such further Order as he deems fit.
5.2
Every person who violates any of the provisions of this bylaw, or who suffers or permits
any act or thing to be done in contravention or in violation of any of the provisions of this
bylaw, or who does any act or thing which violates any of the provision of this bylaw
commits an offence and shall be liable on summary conviction to a penalty of not less
than $50.00 and not more than $10,000.00 for every such violation of this bylaw, and
for each day of an offence of a continuing nature.
5.3
Alternatively, any person found in contravention of this bylaw may be subject to fines under
the current Township of Spallumcheen Municipal Ticket Information Bylaw, as amended
from time to time.
PART 6 - MISCELLANEOUS AND TITLE
6.1
The invalidity of any portion of this bylaw shall not invalidate any other portion of this bylaw.
6.2
The Fire Code shall not be construed to hold the Township responsible for any damage to
persons or property by reason of:
(a)
inspections authorized by the Fire Code;
(b)
any failure to carry out an inspection under this bylaw or the Intermunicipal Fire
Services Bylaw;
(c)
any Permit issued as herein provided; or
(d)
any approval or disapproval under this bylaw.
Township of Spallumcheen Fire Prevention Bylaw No. 2049, 2021 - CONSOLIDATED VERSION
14 of 14
6.3
If any provision contained in the bylaw is found by a court of competent jurisdiction to be
invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the
remaining provisions contained herein shall not be, in any way, affected or impaired thereby
to the extent that the purpose of the bylaw may be fulfilled in the absence of the impugned
provision or provisions of the bylaw.
6.4
Upon adoption of this bylaw, the "Township of Spallumcheen Fire Prevention Bylaw No.
2017, 2020" and amendments thereto are hereby repealed.
6.5
This bylaw may be known and cited as the "Township of Spallumcheen Fire Prevention
Bylaw No. 2049, 2021".
READ A FIRST TIME THIS 12th day of July, 2021.
READ A SECOND TIME THIS 12th day of July, 2021.
READ A THIRD TIME THIS 12th day of July, 2021.
ADOPTED THIS 18th day of August, 2021.
Certified Correct:
'ORIGINAL SIGNED'
'ORIGINAL SIGNED'
Cindy Graves
Christine Fraser
Corporate Officer
Mayor