District of Sparwood Fire Services Bylaw No. 974, 2008 (consolidated)
Sparwood, British Columbia
· No. 974
· adopted 2008-02-18
· summary & facts
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Fire Services Bylaw 974, 2008
THIS DOCUMENT HAS BEEN REPRODUCED FOR CONVENIENCE ONLY and is a consolidation of
"Fire Services Bylaw 974, 2008" with the following amending bylaws:
Bylaw Number
Dated Adopted
Section Amended
1036
March 1, 2010
-
Definition: Fire Chief
-
Part 4 - Section 12
-
New Schedule G
-
New Schedule B
1080
March 19, 2012
-
Section 52 - Cost Recovery
False Alarm Response
-
New Schedule B
1375
July 21, 2026
-
Update legislation
-
Section 12 - Limits of
Jurisdiction
-
Section 32(f) - Fire pit width
-
New Schedules B, C, D & G
Individual copies of any of the above bylaws are available from the Corporate Services
Department of the District of Sparwood. For legal purposes, copies of the original bylaws should
be obtained.
DISTRICT
OF
SPARWOOD
FIRE SERVICES
BYLAW 974, 2008
Consolidated with Bylaw 1036, 1080
Fire Services Bylaw 974, 2008
Page ii
Table of Contents
PART 1 - CITATION.............................................................................................................................. 1
PART 2 - DEFINITIONS AND INTERPRETATIONS .............................................................................. 1
PART 3 - FIRE DEPARTMENT ADMINISTRATION .............................................................................. 3
Establishment .........................................................................................................................................................3
Management Control .............................................................................................................................................3
Duties of the Fire Chief .......................................................................................................................................... 3
Authority .................................................................................................................................................................3
Fire Protection File Searches ................................................................................................................................. 3
Inspection Requests ............................................................................................................................................... 3
Re-Inspection Fee .................................................................................................................................................. 3
Non-standard Events ............................................................................................................................................. 4
PART 4 - FIRE DEPARTMENT OPERATIONS ..................................................................................... 4
Services .................................................................................................................................................................. 4
Limits of Jurisdiction ...............................................................................................................................................4
PART 5 - FIRE PROTECTION AND LIFE SAFETY ............................................................................... 4
Evacuation ..............................................................................................................................................................4
Control and Assistance at Fires and other Emergencies ........................................................................................4
PART 6 - GENERAL RULES AND REGULATIONS............................................................................... 5
PART 7 - FIRE PREVENTION REGULATIONS ..................................................................................... 6
Control of Outdoor Burning. .................................................................................................................................. 6
PART 8 - WATER DISTRIBUTION SYSTEMS, PUBLIC FIRE HYDRANTS AND PRIVATE FIRE
HYDRANTS ........................................................................................................................................... 7
Private Hydrant Maintenance ............................................................................................................................... 8
PART 9 - FIREWORKS ......................................................................................................................... 8
PART 10 - INSPECTION OF PREMISES AND ORDERS ...................................................................... 9
Entry for Inspection and Orders ............................................................................................................................ 9
Provision of Information and Assistance ............................................................................................................... 9
False Information and Refusal to Assist ................................................................................................................ 9
PART 11 - ALARMS .............................................................................................................................. 9
Owner's Responsibility .......................................................................................................................................... 9
Notice to Fire Department ..................................................................................................................................... 9
Responsibility of Contact Persons ......................................................................................................................... 9
Changes to Designated Contact Persons ............................................................................................................. 10
Fire Services Bylaw 974, 2008
Page ii
Fees to be Charged for Attendance at False Alarms ............................................................................................ 10
PART 12 - ENFORCEMENT ................................................................................................................ 10
Issuance of Order ................................................................................................................................................. 10
Service of an Order .............................................................................................................................................. 10
PART 13 - PENALTIES AND COST RECOVERY ............................................................................... 10
PART 14 - APPLICATION. .................................................................................................................. 11
PART 15 - SEVERABILITY. ................................................................................................................. 11
PART 16 - SCHEDULES .................................................................................................................... 11
PART 17 - REPEAL ............................................................................................................................. 12
SCHEDULE "A". .................................................................................................................................. 13
SCHEDULE "B" ................................................................................................................................... 14
SCHEDULE "C" ................................................................................................................................... 14
SCHEDULE "D" ................................................................................................................................... 17
SCHEDULE "E" ................................................................................................................................... 19
SCHEDULE "F" .................................................................................................................................... 21
SCHEDULE "G" ................................................................................................................................... 21
DISTRICT OF SPARWOOD
BYLAW 974
A Bylaw to provide for the Establishment of a Fire Department, to establish the regulations
and define the service area within the District of Sparwood
WHEREAS Council wishes to establish a Municipal Fire Department and to provide for Fire
prevention, protection and control in the District of Sparwood, within the service boundaries herein
defined, pursuant to Section 8(2), Section 63 (c) and Section 66 of the Community Charter.
NOW THEREFORE the Municipal Council of the District of Sparwood in open meeting assembled
enacts as follows:
PART 1 - CITATION
1. This Bylaw may be cited as the "Fire Services Bylaw 974, 2008".
PART 2 - DEFINITIONS AND INTERPRETATIONS
2. For the purpose of this Bylaw, the following definitions shall apply:
"Approval" means approval by the Fire Chief;
"Building Code" means the Provincial Building Code as defined by the Community Charter
and bylaws of the Municipality relating to building;
"Council" means the Municipal Council of the District of Sparwood;
"Chief Administrative Officer" means the person appointed from time to time by Council as
the Chief Administrative Officer of the Municipality;
"Dangerous Goods" means any product, substance or organism, which is of a highly
combustible, flammable or explosive nature, as defined in the Transportation of Dangerous
Goods Act, Canada, and any other material which, because of its toxic or other inherent
characteristics, 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 1
Explosives
Class 2
Gases
Class 3
Flammable Liquids
Class 4
Flammable Solids; Substances Liable to Spontaneous Combustion;
Substances that on contact with water emit Flammable Gases (Water-reactive
Substances)
Class 5
Oxidizing Substances and Organic Peroxides
Class 6
Toxic and Infectious Substances
Class 7
Radioactive Materials
Class 8
Corrosives
Class 9
Miscellaneous Products, Substances or Organisms
Fire Services Bylaw 974, 2008
Page 2
"False Alarm" means the activation of a fire alarm system, resulting in the direct or in-direct
notification of the Sparwood Fire Department and the attending at the address and the Fire
Department does not find any fire damage, smoke in relation to the building, structure,
residence or facility, or where there has been no emergency situation. False alarm incidents
include but are not limited to:
(a) The testing of an alarm which results in a Fire response;
(b) An alarm actually or apparently activated by mechanical failure, malfunction or faulty
equipment;
(c) An alarm activated by user error;
(d) An alarm reporting a fire or other emergency situation occurring on or in relation to
the address in which the alarm system is installed and no evidence exists or where
no such event took place;
(e) An alarm actually or apparently activated by atmospheric conditions, excessive
vibrations or power failure.
"Fire Chief" means the person appointed by Council as the Director of Fire and Safety Services,
or Fire Chief, of the Municipality, and shall include any other person authorized by the Fire Chief
to exercise some or all of the Fire Chief's powers under this Bylaw";
"Fire Code" means the current edition of the British Columbia Fire Code Regulation and all
amendments made pursuant to the Fire Safety Act;
"Fire Department" means the Fire Department of the Municipality established by this Bylaw;
"Fire Protection" means all aspects of fire suppression and prevention, including, but not
limited to fire fighting, incident planning, fire investigation, public education, information and
training and staff development;
"Fireworks" includes cannon crackers, fireballs, firecrackers, mines, roman candles, sky
rockets, squibs, torpedoes and any other explosive designated as a firework by regulation
pursuant to the Fireworks Act;
"Free Burning" means any outdoor fire not contained within a fire pit or outdoor fire place, but
not including an outdoor grill utilized for cooking purposes;
"Hotel" means a building where transient accommodation is provided;
"Incident" means any situation, wherein the attendance of the Fire Department is dispatched,
requested, required or warranted to prevent injury, loss of life, damage or loss to property or
damage to the environment;
"Motor Vehicle" has the same meaning as defined in the Motor Vehicle Act;
"Non-standard Event" means any event which is beyond the normal emergency response for
the fire department, including but not limited to:
i)
Security following a fire incident, while waiting for insurance adjuster(s) to attend for
purposes of investigation.
ii) Security following containment of a natural gas distribution line break, caused by a contractor
or property owner, while waiting arrival of the natural gas agency to repair the break.
"Owner or Occupier" includes:
i)
a registered Owner or agent of the Owner;
ii) a tenant, lessee, licensee, and permitee or other person who has possession or control of
any real property;
iii) in relation to common property and common facilities defined by a strata plan, the strata
corporation.
Amended by
Bylaw 1375
Amended by
Bylaw 1036
Fire Services Bylaw 974, 2008
Page 3
"Permit" means a Fire Pit/Outdoor Fireplace Permit or a Free Burning Permit;
"Private Fire Hydrant" means a fire hydrant located on private property;
"Public Fire Hydrant" means a fire hydrant owned by the Municipality.
PART 3 - FIRE DEPARTMENT ADMINISTRATION
Establishment
3. The District of Sparwood Fire Department is hereby established and continued.
Management Control
4. Under the direction of the Chief Administrative Officer, the Fire Chief shall be responsible to
manage and supervise the Fire Department and all Fire Department personnel, and exercise
care, custody and control of all buildings, apparatus and equipment of the Fire Department.
Duties of the Fire Chief
5. The Fire Chief is authorized to:
(a) perform duties pursuant to Section 8(2) and Section 66 of the Community Charter;
(b) exercise all powers provided to the Fire Chief by the Fire Safety Act; and
(c) appoint persons as members of the Fire Department.
Authority
6. The Fire Chief is authorized to administer and enforce this Bylaw.
Fire Protection File Searches
7. A fee is payable to the Municipality by any person seeking a file search on occupancies, outstanding
fire code violations or infractions or other related information, in accordance with Schedule "B"
hereto.
Inspection Requests
8. A fee is payable to the Municipality by any person seeking a fire prevention inspection and report of
any occupancy, in accordance with Schedule "B" hereto.
Re-Inspection Fee
9. In the event that a fire inspection results in a contravention of the Fire Code being noted, and the
Fire Chief directs that such matter be corrected, for each subsequent inspection by the Fire Chief,
excepting the first re-inspection, that notes the same contravention, a fee is payable to the
Municipality for each subsequent inspection in accordance with Schedule "B" hereto.
Amended by
Bylaw 1375
Fire Services Bylaw 974, 2008
Page 4
Non-standard Events
10. An Owner or Occupier of premises shall pay a fee for the costs of response by the Fire Department
to a Non-standard Event that is the result of an incident at or near their premises and such Non-
standard Event was caused or contributed to by an Owner, Occupier or agent, contractor, invitee or
licensee of the Owner or Occupier in accordance with Schedule "B" hereto.
PART 4 - FIRE DEPARTMENT OPERATIONS
Services
11. The Fire Department is authorized to provide the following services:
(a) all aspects of Fire Protection and other community activities under the direction of the Fire
Chief;
(b) the rescue of persons from hazardous or dangerous situations; and
(c) the rescue of persons injured in Motor Vehicle incidents.
Limits of Jurisdiction
12. No apparatus, equipment or personnel of the Fire Department shall be operated or deployed
outside the area as set forth in Schedule "C", designated "Fire Coverage".
For greater certainty, only those portions of Highway 3 expressly identified as included within
Schedule "C" form part of the Fire Protection Area. All other portions of Highway 3 are excluded,
whether or not depicted on the base mapping.
This section does not apply:
(a) under the authority of the British Columbia Emergency and Disaster Management Act; or
(b) as authorized by an Agreement with the Regional District of East Kootenay to provide fire
suppression and road rescue services to those lands set out in Schedule "G", attached
hereto;
(c) as authorized by mutual aid agreement entered into between the Municipality and another
party; or
(d) for the purpose of providing road rescue and associated emergency response services on
Highways 3 and 43.
Amended by
Bylaw 1036
Amended by
Bylaw 1375
Fire Services Bylaw 974, 2008
Page 5
PART 5 - FIRE PROTECTION AND LIFE SAFETY
Evacuation
13. If the Fire Chief is of the opinion that there is imminent and serious danger to life or property,
arising from any emergent situation, including, but not limited to, fire, fire hazard, dangerous goods
Incident or risk of explosion, the Fire Chief may:
(a) immediately take the steps deemed advisable to remove the hazard or risk;
(b) cause people to be removed from the area;
(c) order the evacuation of a building or area; and
(d) take any and all other steps that are deemed advisable to protect persons or property, or to
limit or eliminate the hazard or risk.
Control and Assistance at Fires and other Emergencies
14. (1)
If an emergency arises from a fire hazard or from a risk of explosion, the Fire Chief may take
the actions deemed advisable, in the Fire Chief's sole and absolute discretion, to remove the
hazard or risk, including the demolition of buildings and other structures to prevent the
spreading of fire or risk of explosion. Neither the Municipality, nor its elected officials,
officers, employees, agents, contractors, or Fire Department members shall be obligated to
restore or pay compensation for any property damaged, destroyed or demolished pursuant to
this section.
(2)
For the purposes of paragraph 14 (1), the Fire Chief may evacuate a building or area.
(3)
If the Fire Chief believes that conditions exist in or near a Hotel, public building, or multi-
family residential dwelling, that, in the event of a fire, might endanger life or property, the Fire
Chief may take such actions as deemed advisable, in the Fire Chief's sole and absolute
discretion, to remedy the conditions or to eliminate the danger and may order the evacuation
and close the Hotel, public building or multi-family residential dwelling.
(4)
For the purposes of paragraph 14 (3), the Fire Chief may call on the assistance of peace
officers and fire prevention authorities.
(5)
No person shall interfere with the prevention or suppression of a fire, or in the execution of
the Fire Chief's duties.
(6)
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 or that a fire has occurred.
(7)
The Fire Chief may commandeer or requisition any equipment deemed necessary by the Fire
Chief, to combat, control or otherwise deal with an Incident. The registered owner of
property or premises where an Incident originates must pay all costs, expenses and charges
incurred by the Municipality for commandeered or requisitioned equipment.
Fire Services Bylaw 974, 2008
Page 6
PART 6 - GENERAL RULES AND REGULATIONS
15. No person shall drive, push or pull a vehicle of any kind over a fire hose or other equipment of the
Fire Department unless directed by a member of the Fire Department.
16. No person shall sound a fire alarm except when there is a fire or for testing purposes carried out by
qualified persons. The Fire Chief shall be advised of any testing prior to such testing.
17. No person shall obstruct, impede or hinder a member of the Fire Department in the execution of
their duties under this Bylaw.
18. No person shall enter any building at risk from an Incident if directed not to do so by the Fire Chief.
19. No person shall enter within any area designated by ropes, guards or tapes, which are erected by
or under the direction of the Fire Department, without the permission of the Fire Chief.
20. No person shall refuse to move from an area designated by ropes, guards or tapes, which are
erected by or under the direction of the Fire Department, without the permission of the Fire Chief.
21. A person at or near an Incident shall obey all traffic control directions given by a Fire Department
member.
22. No person shall discard, throw or drop any lighted match, cigar, cigarette or other burning substance
out of doors, excepting into a non-combustible receptacle or in accordance with a Permit issued
pursuant to this Bylaw.
23. Any person that causes or permits the escape of dangerous goods, or fails to take reasonable
measures to prevent the escape of dangerous goods, shall be responsible for costs of
replacement, decontamination, disposal or repair of Fire Department equipment and all costs of
remediation of such escape of dangerous goods.
24. In the event that an Owner or Occupier of real property is not available or able to be contacted
subsequent to an Incident, after reasonable efforts have been made to contact such Owner or
Occupier of real property by the Fire Chief, the Owner or Occupier shall be responsible for the
costs and charges incurred for securing the real property as set out in Schedule "B" hereto.
Fire Services Bylaw 974, 2008
Page 7
PART 7 - FIRE PREVENTION REGULATIONS
Control of Outdoor Burning
25. No person shall:
(a) light, start, knowingly permit, or cause to be started or ignited, an outdoor fire of any kind at
any time without first obtaining a Permit as set out in Schedules "D" or "E" hereto, from the
Municipality, unless exempted by this Bylaw;
(b) burn any noxious, explosive, corrosive or toxic material, pesticide or herbicide in an outdoor
fire; or
(c) transfer a Permit.
26. The Fire Chief may refuse to issue a Permit if, in the Fire Chief's opinion, the issuance of a Permit
would cause a fire hazard to any person or property.
27. No person holding a Permit shall start or allow a fire to continue if to do so is likely to cause a
hazardous condition or nuisance.
28. The Fire Department will not require a Permit for an outdoor fire used for training purposes.
29. Application for a Permit issued under this section shall be made at the District of Sparwood
Municipal Office.
30. The Fire Chief is authorized to cancel or suspend any Permit, if in the Fire Chief's opinion,
conditions exist that would result in a fire hazard or increase the danger of fire arising from an
outdoor flame. In such case, the Fire Chief shall issue a Fire Permit Cancellation form as identified
in Schedule "F".
31. The Fire Chief may order that no outdoor flame of any kind, including, but not limited to the
smoking of any substance, is permitted, or stipulate the times and places that such is permitted in
the event that in the Fire Chief's opinion, conditions exist that would result in a fire hazard or
increase the danger of fire arising from an outdoor flame.
32. Fire pits and outdoor fireplaces shall:
(a) be designed to limit or reduce the danger of fire escaping from the outdoor fire pit or
fireplace;
(b) be located with a minimum of 3.4 meters (10 feet) clearance from buildings, structures,
property lines or combustible materials and shall be free of overhead combustibles such as
overhead buildings, structures, trees or other things;
(c) be constructed of non-combustible components;
(d) be the sole responsibility of the Permit holder who shall ensure at all times that this Bylaw is
being complied with and that no hazard to persons or property, nor nuisance, is created by
use of the fire pit/outdoor fireplace;
(e) when in use, not have flames higher than ninety (90) cm (3.28 feet) above the fire pit; and
(f) be no larger than one meter inside diameter.
Added by
Bylaw 1375
Fire Services Bylaw 974, 2008
Page 8
33. The holder of a Permit shall ensure that a competent person is in charge of the fire while it is
burning or smouldering at all times until it is completely extinguished. The Permit holder shall
supply the person in charge with sufficient tools and equipment to effectively prevent the fire from:
(a) escaping from the area authorized by the Permit;
(b) becoming out of control; or
(c) becoming dangerous, or threatening to become dangerous, to persons or property.
34. In the event that an Incident results from any fire pit or outdoor fireplace fire or from a free burning
fire, the owner of the real property from where such Incident arises or occurs is liable for all costs
and expenses of the Fire Department arising from or relating to such Incident in accordance with
Schedule "B" hereto.
PART 8 - WATER DISTRIBUTION SYSTEMS, PUBLIC FIRE HYDRANTS AND PRIVATE FIRE
HYDRANTS
35. No person shall use or allow to be used a standpipe or hydrant or affix a hose to the standpipe or
hydrant without obtaining the permission of the Fire Chief or Municipal Director of Operations.
36. No person shall place or maintain any object or substance on a road, sidewalk or boulevard, which
interferes with access or approach to any standpipe or hydrant.
37. A registered owner of real property shall advise the Fire Chief of any proposed or intended
construction, servicing or repairs to any fire hydrant(s) or water distribution systems servicing fire
hydrant(s) located on private property.
Private Hydrant Maintenance
38. A registered owner of real property on which private fire hydrants are located shall:
(a) maintain hydrants in operating condition;
(b) cause all private hydrants on their property to be inspected and maintained in accordance
with the British Columbia Fire Code;
(c) retain records in the form as set out in Schedule "A" hereto, of all inspections and
maintenance required by this section for a minimum of three years and make them available
upon request to the Fire Chief;
(d) notify the Fire Chief of all repaired fire hydrants and have those hydrants flow-tested and
approved;
(e) wrap all fire hydrants which are out of service for repair or not yet in service with burlap or
black polyethylene plastic sheeting;
(f) maintain a minimum one meter clearance from any hydrant of any obstruction, including, but
not limited to, ice, snow, shrubs, trees, and structures. A clear view of any hydrant from the
roadway shall be maintained at all times;
(g) paint fire hydrants red.
Fire Services Bylaw 974, 2008
Page 9
39. Fire hydrants shall only be operated by persons authorized by the Fire Chief or the Municipal
Director of Operations.
PART 9 - FIREWORKS
40. No person shall sell, give or set off Fireworks in the Municipality, except as permitted by this Bylaw.
41. The Fire Chief may authorize, on terms and conditions the Fire Chief deems appropriate, the
discharge of Fireworks, by an organization for a local community public display if the public display
has been sanctioned by Council.
42. No person may discharge Fireworks contrary to any authorization granted by the Fire Chief.
43. Any authorization to discharge Fireworks may be revoked at any time, if, in the Fire Chief's opinion,
such authorization creates a fire hazard, a danger of fire, or the safety of persons or property is at
increased risk.
PART 10 - INSPECTION OF PREMISES AND ORDERS
Entry for Inspection and Orders
44. In addition to the powers conferred upon the Fire Chief under the Fire Safety Act, the Fire Chief
may:
(a) enter on property and inspect premises for conditions that may cause fire, increase the
danger of fire or increase the danger to persons or property from fire, at all reasonable
times, and to ascertain whether the requirements of this Bylaw and any orders issued
pursuant to it are being observed;
(b) require an Owner or Occupier of real property to undertake any actions directed by the Fire
Chief to reduce or eliminate the risk of an Incident occurring.
Provision of Information and Assistance
45. Every Owner or Occupier shall provide information and render assistance required by the Fire
Chief in connection with the inspection of premises.
False Information and Refusal to Assist
46. No person shall withhold or falsify any information requested by the Fire Chief nor refuse to assist
in an inspection.
Amended by
Bylaw 1375
Fire Services Bylaw 974, 2008
Page 10
Bylaw 1080
PART 11 - ALARMS
Owner's Responsibility
47. The Owner or Occupier of real property shall ensure that any fire alarm system is in proper working
order.
Notice to Fire Department
48. Every Owner or Occupier of real property with a fire alarm system shall provide in writing to the Fire
Chief the names, addresses and phone numbers of:
(a) Any monitoring service, if retained;
(b) A minimum of three (3) persons who may be contacted in the event of an alarm.
Responsibility of Contact Persons
49. At least one person designated in Paragraph 48 of this Part must attend all alarms within thirty (30)
minutes when requested by the Fire Department to do so and must be capable of operating the
alarm system and able to access and secure the premises.
Failure of Contact Parties to Arrive
50. In the event a person designated in Paragraph 48 fails to attend any alarm when requested to do
so, or the Fire Chief is unable to contact the person or persons designated in Paragraph 48 of this
Part, the Owner or Occupier of the real property is liable for the payment of standby costs for
personnel and equipment as specified in Schedule "B".
Changes to Designated Contact Persons
51. The Fire Chief shall be notified of any changes to the persons designated in Paragraph 48 of this
Part.
Fees to be Charged for Attendance at False Alarms
52. The Owner or Occupier of real property is liable for the costs of the Municipality's personnel and
equipment as specified in Schedule "B" Cost Recovery False Alarms Response in the event of a
response by the Fire Department to more than one false alarm at the real property within a
calendar year.
Fire Services Bylaw 974, 2008
Page 11
PART 12 - ENFORCEMENT
Issuance of Order
53. The Fire Chief may issue orders to an Owner or Occupier of real property, requiring the remediation,
repair or correction of any matter or thing regarding the real property and specify the manner and
time for the carrying out of such order, which:
(a) contravenes this Bylaw, the British Columbia Fire Code or the Fire Safety Act; or
(b) increases the risk of an Incident.
Service of an Order
54. An order under this Bylaw may be made verbally in urgent circumstances and otherwise shall be in
writing and service effected by hand delivery or by mailing by regular mail to the last known
address of the Owner or Occupier of real property. If service is effected by mail, the order shall be
deemed to be received on the 7th day after mailing.
PART 13 - PENALTIES AND COST RECOVERY
55. Every person who:
(a) violates any provisions of this Bylaw;
(b) causes or permits any act or thing to be done in contravention or violation of any provisions
of this Bylaw;
(c) neglects or omits to do anything resulting in a contravention of this Bylaw;
commits an offence.
56. For each day that a contravention of this Bylaw occurs, such shall constitute a separate and distinct
offence.
57. Every person who commits an offence under this Bylaw is liable to:
(a) a fine and penalty of not more than $1,000.00 and not less than $100.00 for each offence
if issued a violation ticket;
(b) fine and penalty of not more than $10,000.00 and not less than $500.00 for each offence
if prosecuted pursuant to the provisions of the Offence Act, R.S.B.C., Chapter 338;
58. The Municipality may restrain a person who contravenes this Bylaw by making application to a
Court of competent jurisdiction for injunctive relief in addition to any penalty that may be imposed
pursuant to Part 13 hereof.
Amended by
Bylaw 1375
Fire Services Bylaw 974, 2008
Page 12
PART 14 - APPLICATION
59. Excepting as provided for in Part 4, Paragraph 12 of this Bylaw, this Bylaw applies to and is in
force within the Municipality in the area set forth in Schedule "C" and designated "Fire Coverage".
PART 15 - SEVERABILITY
60. If any part, subsection or phrase of this Bylaw is held to be invalid in a court of competent
jurisdiction, the invalid portion shall be severed and the remainder of the Bylaw will be deemed
to be enacted without the invalid portion.
PART 16 - SCHEDULES
61. The following Schedules are attached hereto and form a part
hereof: Schedule "A" Hydrant Inspection and Maintenance
Record
Schedule "B" Charge Out Rates and Cost Recovery
Schedule "C" Fire Protection Area Map
Schedule "D" Outdoor Fire Pit Permit
Schedule "E" Free Burning Permit
Schedule "F" Notice of Fire Permit Cancellation
Schedule "G" Upper Elk Valley Fire Protection Service Area
PART 17 - REPEAL
62. "District of Sparwood Fire Services Bylaw No. 571, 1991" is hereby repealed.
READ A FIRST TIME THIS
4TH
READ A SECOND TIME THIS
4TH
READ A THIRD TIME THIS
4TH
ADOPTED THIS
18th
DAY OF
FEBRUARY
2008
DAY OF
FEBRUARY
2008
DAY OF
FEBRUARY
2008
DAY OF
FEBRUARY
2008
Fire Services Bylaw 974, 2008
Page 13
SCHEDULE "A"
HYDRANT INSPECTION AND MAINTENANCE RECORD
Hydrant No:
Type of Hydrant:
Location of Hydrant:
Date Last Painted:
Every Twelve Months - Service Inspection
Date of last service
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 - Preventative Maintenance Inspection
Date of last service:
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:
If self-draining, 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:
Fire Services Bylaw 974, 2008
Page 14
SCHEDULE "B"
CHARGE OUT RATES AND COST RECOVERY
Personnel: Hourly rate for all attending personnel, in effect on the date of the incident or event, plus 50% with a two-
hour minimum.
Equipment Hourly Rates
UNIT
EQUIPMENT TYPE
CHARGE PER HOUR
OR PART THEREOF
1449
Ladder Truck
$746.00
1445, 1455
Fire Engine
$537.00
1443
Utility Pick Up
$180.00
1446
Engine Water Tender
$333.00
1451
Light Rescue Crew Cab
$240.00
1448
Heavy Rescue Truck
$575.00
1442, 1456
Emergency Response Trailer
$140.00
1453, 1454
C-1 Command Vehicle
$160.00
Cost Recovery
ITEM
REFERENCE
FEE
Fire Protection File Searches
Part 3
Paragraph
7
$50.00
Inspection Requests
Part 3
Paragraph
8
$50.00
Re-Inspection Fee
Part 3
Paragraph
9
$50.00
Non-standard Events
Part 3
Paragraph
10
Personnel and equipment charges calculated at the rates
schedule set out above, plus actual costs for any materials,
supplies or equipment not referenced in the table above,
including taxes plus 15% administrative fee.
Securing of Property
Part 6
Paragraph
24
Personnel and equipment charges calculated at the rates
schedule set out above, plus actual costs for any materials,
supplies or equipment not referenced in the table above,
including taxes plus 15% administrative fee.
False Alarms Response
Part 11
Paragraph
52
- Second false alarm within a calendar year - fee charged is
$60.00
- Third false alarm within a calendar year - fee charged is
$120.00
- Fourth and all subsequent false alarms within a calendar
year - fee charged based on Schedule "B"
Rental of Reserve Fire Engine
$300 .00 per day
*with approved written agreement
Rental of Live Fire Training
Center
$500.00 per day
*with approved written agreement
Amended by
Bylaw 1080, 1375
Fire Services Bylaw 974, 2008
Page 16
Amended by
Bylaw 1375
Fire Services Bylaw 974, 2008
Page 17
SCHEDULE "D"
Fire Pit/Outdoor Fireplace Permit
Issued under the authority of Fire Services Bylaw 974, 2008
Date: _______________________
Name: (Property Owner or Authorized Agent): ____________________________________________
Civic Address: _____________________________________________________________________
Permits do not require annual renewal; however, inspections may be conducted at any time by the Sparwood Fire
Department.
A new application must be submitted if property ownership changes or there are alterations to the fire pit / outdoor
fireplace.
INSPECTION
All permitted fire pits / outdoor fireplaces may be inspected by the Fire Chief or designate, for compliance to the
requirements of this Permit. The permittee authorizes the Fire Chief or designate to enter upon the property noted
on this Permit, at any reasonable time, to conduct the inspection. Upon inspection, the Fire Chief or designate may
choose to photograph the location and construction of the fire pit / outdoor fireplace and such record shall form part
of the District of Sparwood's record of Permit.
_______________________________
Fire Chief or Designate
The Fire Chief is authorized to cancel or suspend any Permit, in the Fire Chief's sole and absolute discretion, at any
time. In such case, the Fire Chief shall issue a Fire Permit Cancellation form as identified in Schedule "F" of Fire
Services Bylaw 974, 2008.
Amended by
Bylaw 1375
Fire Services Bylaw 974, 2008
Page 18
SCHEDULE "E"
FREE BURNING PERMIT
Issued under the authority of Fire Services Bylaw 974, 2008
Date:
Phone #
Cell #:
Name: (Property Owner or Authorized Agent)
Civic Address:
Mailing Address:
FREE BURNING:
From:
To:
DD / MM / YY
DD / MM / YY
Free Burning Permits are valid for five (5) days only
Signature of Permittee acknowledging
Fire Chief or Designate
conditions as noted on the front and
reverse of this Permit
(Property Owner or Authorized Agent)
The Fire Chief is authorized to cancel or suspend any Permit, in the Fire Chief's sole and absolute discretion, at
any time. In such case, the Fire Chief shall issue a Fire Permit Cancellation form as identified in Schedule "F" of
Fire Services Bylaw 974, 2008.
Fire Services Bylaw 974, 2008
Page 19
Control of Outdoor Burning
25. No person shall:
Permit Reverse Side
PART 7 - FIRE PREVENTION REGULATIONS
(a) light, start, knowingly permit, or cause to be started or ignited, an outdoor fire of any kind at any time
without first obtaining a Permit as set out in Schedules "D" or "E" hereto, from the Municipality,
unless exempted by this Bylaw;
(b) burn any noxious, explosive, corrosive or toxic material, pesticide or herbicide in an outdoor fire; or
(c) transfer a Permit.
26. The Fire Chief may refuse to issue a Permit if, in the Fire Chief's opinion, the issuance of a Permit would
cause a fire hazard to any person or property.
27. No person holding a Permit shall start or allow a fire to continue if to do so is likely to cause a hazardous
condition or nuisance.
28. The Fire Department will not require a Permit for an outdoor fire used for training purposes.
29. Application for a Permit issued under this section shall be made at the District of Sparwood Municipal Office.
30. The Fire Chief is authorized to cancel or suspend any Permit, if in the Fire Chief's opinion, conditions exist
that would result in a fire hazard or increase the danger of fire arising from an outdoor flame. In such case,
the Fire Chief shall issue a Fire Permit Cancellation form as identified in Schedule "F".
31. The Fire Chief may order that no outdoor flame of any kind, including, but not limited to the smoking of any
substance, is permitted, or stipulate the times and places that such is permitted in the event that in the Fire
Chief's opinion, conditions exist that would result in a fire hazard or increase the danger of fire arising from an
outdoor flame.
32. Fire pits and outdoor fireplaces shall:
(a) be designed to limit or reduce the danger of fire escaping from the outdoor fire pit or fireplace;
(b) be located with a minimum of 3.4 meters (10 feet) clearance from buildings, structures, property lines
or combustible materials and shall be free of overhead combustibles such as overhead buildings,
structures, trees or other things;
(c) be constructed of non-combustible components;
(d) be the sole responsibility of the Permit holder who shall ensure at all times that this Bylaw is being
complied with and that no hazard to persons or property, nor nuisance, is created by use of the fire
pit/outdoor fireplace;
(e) when in use, not have flames higher than ninety (90) cm (3.28 feet) above the fire pit.
33. The holder of a Permit shall ensure that a competent person is in charge of the fire while it is burning or
smouldering at all times until it is completely extinguished. The Permit holder shall supply the person in
charge with sufficient tools and equipment to effectively prevent the fire from:
(a) escaping from the area authorized by the Permit;
(b) becoming out of control; or
(c) becoming dangerous, or threatening to become dangerous, to persons or property.
34. In the event that an incident results from any fire pit or outdoor fireplace fire or from a free burning fire, the
owner of the real property from where such Incident arises or occurs is liable for all costs and expenses of
the Fire Department arising from or relating to such Incident in accordance with Schedule "B" hereto.
Fire Services Bylaw 974, 2008
Page 20
SCHEDULE "F"
FIRE PERMIT CANCELLATION
Issued under the authority of Fire Services Bylaw 974, 2008
Date: / /
DD
MM
YY
Name: (Property Owner or Authorized Agent)
Civic Address or Location:
The
Free Burning Permit
Fire Pit/Outdoor Fireplace Permit
issued for the above address or location is hereby cancelled for the following reasons:
Fire Chief or Designate
The Fire Chief is authorized to cancel or suspend any Permit, in the Fire Chief's sole and absolute discretion, at
any time. In such case, the Fire Chief shall issue a Fire Permit Cancellation form as identified in Schedule "F" of
Fire Services Bylaw 974, 2008.
Fire Services Bylaw 974, 2008
Page 22
Schedule G
Upper Elk Valley Fire Protection Service Area
Amended by
Bylaw 1375