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Consolidated Fire Bylaw 2421 04/15/26 Page 1
BYLAW NUMBER 2421
THE CORPORATION OF THE DISTRICT OF SUMMERLAND
FIRE AND LIFE SAFETY BYLAW
WHEREAS it is deemed desirable and expedient to provide for the
establishment and regulations of the Summerland Fire Department and,
WHEREAS it is deemed desirable and expedient to provide regulations
for the prevention and spread of fire and for the preservation of life within the
Corporate limits of The Corporation of the District of Summerland,
NOW THEREFORE, the Municipal Council of The Corporation of the
District of Summerland in open meeting assembled enacts as follows:
PART I - TITLE
1.
This Bylaw may be cited for all purposes as the "District of Summerland
Fire and Life Safety Bylaw"
PART II - ADMINISTRATION
1.
The British Columbia Fire Code Regulations, as amended from time to
time, are hereby adopted and made applicable within the Municipality.
PART III - DEFINITIONS
1.
Apparatus means any vehicle provided with machinery, devices,
equipment or materials for fire fighting as well as vehicles used to
transport fire fighters or supplies.
2.
Approval means acceptance as satisfactory to the Fire Chief.
3.
Authority having Jurisdiction shall mean the Fire Chief, a local assistant to
the Fire Commissioner.
Bylaw 2000-339 replaced the following definition:
4. BC Building Code means the provincial building code and regulations
made pursuant to section 692 of the Local Government Act.
CONSOLIDATED FOR CONVENIENCE TO
INCLUDE BYLAWS 92-022, 93-053, 98-008,
2000-177 and 2000-339
Consolidated Fire Bylaw 2421 04/15/26 Page 2
Bylaw 2000-339 replaced the following definition:
5.
BC Fire Code means the regulations made pursuant to section 47 of the
Fire Services Act.
Bylaw 98-008 added the following definition:
Building means a temporary or permanent structure having a roof
supported by columns or walls for the shelter or enclosure of persons,
animals, materials, chattels, and/or equipment.
6.
Bulk Plants means that portion of a property where flammable or
combustible liquids are received in bulk quantities and are stored or
handled for the purpose of distributing such liquids by pipeline, tank,
vessel, tank vehicle or other container.
Bylaw 98-008 added the following definition:
Business means any establishment for carrying on a commercial or
industrial undertaking of any kind or nature, or providing of professional,
personal, or other service for gain or profit. This includes a home based
business.
Bylaw 98-008 added the following definition:
Campfire means a fire not exceeding 75 cm in diameter and 75 cm in
height, intended for and used solely for the preparation of food.
Bylaw 98-008 added the following definition:
Compostable materials means waste products from plants, trees or
other vegetation that is naturally biodegradable including grass clippings,
leaves, tree needles, garden waste and weeds.
7.
Council means the Municipal Council of the Corporation of the District of
Summerland.
8.
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 R.S.C. 1980-81-82-83, Chapter
36 and amendments thereto and includes the following clauses:
Class 1 - Explosives, including explosives as defined in the Explosives
Act R.S.C. 1974-75-76, Chapter 60 and amendments thereto.
Class 2 - Gases, including compressed gases, liquified petroleum,
liquified natural gas, liquified or dissolved gases, under pressure.
Class 3 - Flammable liquids and combustible liquids.
Class 4 - Flammable solids, substances liable to spontaneous
combustion; substances that on contact with water emit flammable
gases.
Consolidated Fire Bylaw 2421 04/15/26 Page 3
Class 5 - Oxidizing substances; organic peroxides, chlorates, nitrates.
Class 6 - Poisonous (toxic) and infectious substances.
Class 7 - Radioactive materials and prescribed substances as defined
in the Atomic Energy Control Act as R.S.C. 1974-75-76, Chapter 33 and
amendments thereto.
Class 8 - Corrosive.
Class 9 - Miscellaneous dangerous goods or organisms not included in
any of the above classes.
Bylaw 98-008 added the following definition:
Dwelling means a residence providing sleeping, washrooms, and a
kitchen intended for domestic use for a household.
9.
Equipment means any tools, contrivances, devices, or materials used by
the Fire Department to combat an incident or other emergency.
10.
Explosion means a rapid release of energy, that may or may not be
preceded or followed by a fire, which produces a pressure wave or shock
wave in air and is usually accompanied by a loud noise.
11.
Fire Department means the Fire Department of the municipality.
12.
Fire Chief means the member appointed by Council, as head of the Fire
Department, and shall be deemed to be a Municipal Public Officer as
defined in the Municipal Act.
Bylaw 98-008 added the following definition:
Fire Pit means a non-combustible enclosure, being a minimum of 30 cm
in height; having a minimum of three sides, if rectangular; and having a
maximum outside width of 1 meter and length of 1 meter; or having a
maximum diameter (if round) of 1 meter; and being a minimum of 30 cm
in height.
13.
Fire Protection means all aspects of fire safety including, but not limited to
fire prevention, fire fighting or suppression, pre-fire planning, fire
investigation, public education and information, training or other staff
development and advising.
14.
Fire Services Act means Chapter 133, R.S.B.C., 1979, and amendments
thereto and regulations made thereunder.
15.
Fireworks has the same meaning as the Fireworks Act, namely includes
cannon crackers, fireballs, fire crackers, mines, Roman candles, sky
rockets, squibs, torpedoes, and any other explosive designated as a
firework by regulation pursuant to the Fireworks Act.
Consolidated Fire Bylaw 2421 04/15/26 Page 4
Bylaw 98-008 added the following definition:
Garbage means all household and commercial waste or refuse, whether
it contains the remains of edible food or not.
Bylaw 98-008 added the following definition:
Highway includes a street, road, lane, bridge, viaduct and any other way
open to the public use, but does not include a private right of way on
private property.
16.
Incident means a fire or situation where a fire or explosion is imminent.
17.
Inspector means any Fire Services personnel authorized in writing by the
Fire Chief to act in such capacity.
18.
Member means any person or officer that is duly appointed by Council as
a member of the Fire Department and shall be deemed to be a Municipal
Public Officer as defined in the Municipal Act.
19.
Municipal Act means Chapter 290 R.S.B.C., 1979, and amendments
thereto.
20.
Municipality shall mean the Corporation of the District of Summerland, or
the area included therein as the context may require.
Bylaw 98-008 added the following definition:
Nuisance means the emission into the atmosphere of smoke by any
means which disturbs the comfort or convenience of persons in the
vicinity.
21.
Occupier includes tenant, lessee, agent and any other person who has
the right of access to and control of a building or premises to which this
bylaw applies.
22.
Officer in Command means the senior Fire Department member present.
Bylaw 98-008 added the following definition:
Open air burning means the combustion of material without control of
the combustion air and without a stack or chimney to vent the emitted
products of combustion to the atmosphere.
23.
Order includes an approval, a decision, a determination, a permit, and the
exercise of discretion made under the Fire Services Act, the BC Fire
Code Regulations, or this Bylaw.
24.
Permit means a document issued pursuant to this Bylaw authorizing a
person to carry on a procedure or undertaking, or to use, store, or
transport materials, under certain and specific conditions.
Bylaw 98-008 added the following definition:
Permitted burning materials means parts of trees or other vegetation that
Consolidated Fire Bylaw 2421 04/15/26 Page 5
does not constitute compostable materials and will include prunings,
branches, trunks and tree stumps.
25.
Private Fire Hydrant means any fire hydrant located on private property.
Bylaw 98-008 added the following definition, and Bylaw 2000-177 further
amended it as follows:
Prohibited burning materials means waste material including demolition,
renovation or construction waste material and those materials listed in the
Open Burning Smoke Control Regulation enacted pursuant to the Waste
Management Act as amended from time including the following:
tires
treated lumber
plastics
railway ties
drywall
manure
demolition waste
rubber
domestic waste
asphalt
paint
asphalt products
special waste
fuel and lubricant containers
tar paper
biomedical waste
compressed gas cylinders or vessels
Bylaw 98-008 added the following definition:
Public facility means any building or portion of a building, which is
primarily intended for use by the public and is accessible with or without
charge to the public.
26.
Public Works Superintendent means a person appointed from time to
time to that position by the Council of the municipality.
Bylaw 98-008 added the following definition:
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.
Bylaw 2000-339 added the following definition:
Storey shall have the same meaning as defined in the BC Building code.
PART IV - FIRE DEPARTMENT
1.
The Municipal Fire Department is hereby established and will be known
as the Summerland Fire Department.
2.
The Fire Chief shall be appointed by a resolution of Council.
3.
Other officers and members, as the Fire Chief deems necessary, may be
appointed by Council.
4.
The Fire Chief may appoint other officers of the Fire Department to act as
Consolidated Fire Bylaw 2421 04/15/26 Page 6
Fire Chief on his behalf.
5.
All those persons whose names appear on Schedule "A" attached hereto
are hereby appointed members of the Summerland Fire Department.
6.
The limits of the jurisdiction of the Fire Chief, and the officers and
members of the Fire Department, will extend to the area and boundaries
of the Municipality of Summerland, and no part of the fire apparatus shall
be used beyond the limits of the Municipality without:
(a)
the express authorization of a written contract or agreement
providing for the supply of fire fighting or rescue services outside
the municipal boundaries, or
(b)
the approval of Council.
7.
The Fire Chief has complete responsibility and authority over the Fire
Department subject to the direction and control of the Council to which he
shall be responsible, and in particular he shall be required to carry out all
fire protection activities and such other activities as Council directs
including but not limited to:
(a)
rescue,
(b)
other incidents,
(c)
pre-fire planning,
(d)
disaster planning,
(e)
preventive patrols
8.
The Fire Chief, subject to ratification by the Council, shall establish rules,
regulations, policies, and committees necessary for the proper
organization and administration of the Fire Department including but not
limited to:
(a)
use, care and protection of Fire Department property,
(b)
the conduct and discipline of officers and members of the Fire
Department, and
(c)
efficient operations of the Fire Department.
9.
The Fire Chief, or in his absence, the senior ranking member present,
shall have control, direction and management of all Fire Department
apparatus, equipment or manpower assigned to an incident and, where a
member is in charge, he shall continue to act until relieved by a senior
officer.
10.
The Fire Chief shall take responsibility for all fire protection matters
including the enforcement of the Fire Services Act and regulations
thereunder and shall assume the responsibilities of the Local Assistant to
the Fire Commissioner.
11.
Officers and members of the Fire Department shall carry out the duties
and responsibilities assigned to the Fire Department by the Council, and
the Fire Chief shall report to the Council on the operations of the Fire
Consolidated Fire Bylaw 2421 04/15/26 Page 7
Department or on any other matter in the manner designated by Council.
12.
The Fire Chief, or any member of the Fire Department authorized by
Council, may at any reasonable time enter any premise for the purpose of
fire prevention inspections.
13.
The Fire Chief, or any other member in charge, at a fire is empowered to
cause a building, structure or thing to be pulled down, demolished or
otherwise removed if he deems it necessary to prevent the spread of fire
to other buildings, structures or things.
14.
The Fire Chief, or any other member in charge, at an incident is
empowered to enter premises or property where the incident occurred
and to cause any member, apparatus, or equipment of the Fire
Department to enter, as he deems necessary, in order to combat, control
or deal with the incident.
15.
The Fire Chief, or the member in charge, at an incident is empowered to
enter, pass through or over buildings or property adjacent to an incident
and to cause members of the Fire Department and the apparatus and
equipment of the Fire Department to enter or pass through or over
buildings or property, where he deems it necessary to gain access to the
incident or to protect any person or property.
16.
The Fire Chief, or the member in charge, at an incident may at his
discretion establish boundaries or limits and keep persons from entering
the area within the prescribed boundaries or limits unless authorized to
enter by him.
17.
No person shall enter the boundaries or limits of an area prescribed in
accordance with Section 16 unless he has been authorized to enter by
the Fire Chief or the member in charge.
18.
The Fire Chief, or the member in charge, at an incident may request
peace officers to enforce restrictions on persons entering within the
boundaries or limits outlined in Section 16.
19.
The Fire Chief may obtain assistance from other officials of the
municipality, as he deems necessary in order to discharge his duties and
responsibilities under this bylaw.
20.
No person at an incident shall impede, obstruct or hinder a member of the
Fire Department or other person assisting or acting under the direction of
the Fire Chief or the member in charge.
21.
No person shall damage or destroy Fire Department apparatus or
equipment.
22.
No person at an incident shall drive a vehicle over any equipment without
permission of the Fire Chief or the member in charge.
Consolidated Fire Bylaw 2421 04/15/26 Page 8
23.
No person shall falsely represent themselves as a Fire Department
member.
24.
No person shall obstruct or otherwise interfere with access roads or
streets or other approaches to any fire incident, fire hydrant, cistern or
body of water designated for fire fighting purposes.
25.
The Fire Chief or the member in charge of an incident may request
persons who are not members to assist in removing furniture, goods, and
merchandise from any building on fire or in danger thereof and in
guarding and securing same and in demolishing a building or structure at
or near the fire or other incident.
26.
The Fire Chief or the member in charge of an incident is empowered to
commandeer privately owned equipment which he considers necessary
to deal with an incident. Remuneration rates shall be set out annually by
the Council.
27.
The Council shall determine the remuneration of all members of the Fire
Department.
28.
Summerland Fire Department Procedure Manual forms part of the Bylaw
as Schedule "B" attached.
PART V - PERMITS
1.
A permit, when issued, shall constitute a permission to maintain, store, or
handle materials, or to conduct processes which may produce conditions
hazardous to life or property, or to install equipment used in connection
with such activities.
2.
A permit does not take the place of any license required by law.
3.
A permit shall not be transferable and any change in occupancy or use of
a building or premises shall require a new permit.
4.
Before a permit may be issued, the Fire Chief may inspect and approve
the receptacles, vehicles, buildings, property or storage places to be
used.
5.
In cases where laws or regulations, including bylaws enforceable by
departments other than the Fire Department, are applicable, approval
shall be obtained from all departments concerned.
6.
A permit shall be required:
(a)
In conformance with the "Flammable and Combustible Liquid"
Section of the British Columbia Fire Code Regulations.
Consolidated Fire Bylaw 2421 04/15/26 Page 9
(b)
In conformance with the "Open Air Fire" restrictions as set out in
Part VIII of this bylaw.
(c)
In conformance with the "Fire Works" restrictions as set out in Part
IX of this bylaw.
7.
Permit Application
The application for a permit shall be made in the form prescribed by the
Fire Chief and satisfy at least the following requirements:
(a)
the signature of the applicant;
(b)
a statement of the intended 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 installations, including portable
extinguishers, fire alarms and detectors;
(iv)
means of egress;
(v)
a plot plan showing the locations of all flammable liquid
tanks and pumps in relation to buildings and property lines;
(vi)
a plot plan showing the location of Public Fire Works
display including adjacent properties that may be affected.
8.
Permit Fees
The fees hereinafter specified shall be paid to the Municipality by all
applicants for any permit required by this bylaw, or under the Code
adopted by this bylaw, or by the regulations passed pursuant to the
provisions of the Fire Services Act, as amended from time to time, and for
inspection of any work or thing for which the said permit is required...
(a)
for any installation of gasoline tanks, oil tanks, diesel tanks and
dispensing pumps:
2,300
-
L
(500 I.G.) $ 15.00
2,300
-
4,600 L
(501 - 1,000 I.G.) $ 20.00
4,601
-
23,000 L
(1,000 - 5,000 I.G.) $ 30.00
23,001
-
46,000 L
(5,001 - 10,000 I.G.) $ 40.00
46,002
-
115,000 L
(10,001 - 25,000 I.G.) $ 60.00
115,001
-
230,000 L
(25,001 - 50,000 I.G.) $100.00
230,001
-
460,000 L
(50,001 - 100,000 I.G.) $150.00
460,001
-
920,000 L
(100,001 - 200,000 I.G.) $200.00
920,001
-
2,300,000 L
(200,001 - 500,000 I.G.) $250.00
Each dispensing pump
$ 10.00
Consolidated Fire Bylaw 2421 04/15/26 Page 10
(b)
Inspections and installation of domestic and commercial oil
burners:
Each domestic installation
$ 5.00
Each commercial installation
$10.00
(c)
For each "Open Air Burning" permit which requires a
site inspection:
$10.00
9.
Issuing and Posting of Permits
(a)
The Fire Chief may issue a permit where:
(i)
an application is made in the form prescribed;
(ii)
the proposed use or occupancy conforms with applicable
bylaws, codes and regulations; and
(iii)
the permit fee has been paid.
(b)
The Fire Chief may revoke a permit where there is a violation of:
(i)
any condition under which the permit was issued; or
(ii)
any requirement of this bylaw, codes or regulations.
(c)
This bylaw shall not be construed to hold the municipality
responsible for any damage to persons or property by reason of:
(i)
inspections authorized by this bylaw;
(ii)
the failure to carry out an inspection;
(iii)
a permit issued as herein provided; or
(iv)
the approval or disapproval of any equipment authorized
by this bylaw.
(d)
Permits and licenses shall be posted upon the building or
premises described therein and made available for inspection by
the Fire Chief.
PART VI - FIRE PROTECTION AND LIFE SAFETY
1.
Evacuation
If an emergency arises from a fire, fire hazard, toxic chemical spill or from
a risk of explosion, causes the Officer in Command to be apprehensive of
imminent and serious danger to life or property, he may immediately take
the steps he thinks necessary or advisable to remove the hazard or risk
and he may order the evacuation of a building or area and may call upon
the police to assist him and provide security to the evacuated area.
2.
Removal of Fire Hazards
Whenever, in or upon any building or premises, there exists any material
Consolidated Fire Bylaw 2421 04/15/26 Page 11
of a flammable, combustible or explosive nature, or any dangerous or
unnecessary accumulation of waste materials or litter or vegetation of a
nature which constitutes a fire hazard, and any such material is so
situated in the opinion of the Fire Chief as to endanger life or property or
to obstruct ingress or egress from the building or premises in case of fire,
or which may interfere with the operations of the Fire Department, or
where any other conditions exist which are considered by the Fire Chief
to be a fire hazard, the owner or occupant of the building or premises
shall forthwith, upon the Order of the Fire Chief, have the material
removed, disposed of or otherwise dealt with in accordance with the
Order.
3.
Disposal of Material
No person may, within the municipality, dispose of any dangerous goods
without first having obtained from the Fire Chief written permission setting
out the conditions and location, if any, for such disposal.
4.
Explosion or Potential Explosion
It is the duty of the owner or occupier of any building, premises, motor
vehicle, vessel, railway rolling stock, or other property to report
immediately to the Fire Chief any explosion, discharge, emission, escape
or spill of dangerous goods in respect thereof which occurs or where the
potential for such an occurrence exists by reason of abnormal or unusual
circumstances.
Bylaw 93-053 adopted September 27, 1993 rescinded subsection 5 of Part
VI
6.
Forests
Where, in the opinion of the Fire Chief, the safety of life or property in any
area within the municipality is endangered through the hazardous
condition of the forest cover or the occurrence or spread of fire in any
forest or woodland, the Fire Chief may, by order in writing signed by him,
declare that area a closed area for such period or periods of time as the
Fire Chief may determine and may further declare that no unauthorized
person may enter or be therein and no operations of any class specified
in the order may be carried out within the closed area.
7.
Vacant Buildings
The owner of any vacant building shall at all times ensure that the
premises are free from debris and flammable substances and shall keep
all openings in such building securely closed and fastened so as to
prevent the entry of unauthorized persons.
If the owner fails to ensure that such premises are free from debris and
flammable substances, or that the premises are guarded or that all
openings are securely closed and fastened so as to prevent the entry of
unauthorized persons, then the Fire Chief may cause the same to be
Consolidated Fire Bylaw 2421 04/15/26 Page 12
done at the expense of the owner and the costs thereof shall be
recoverable by the municipality in the same manner as that contained in
Part VI, Section (5) of this bylaw.
8.
Fire Damaged Buildings
The owner or occupier of any fire-damaged building shall ensure that the
premises are free from debris and flammable substances and that the
premises are guarded, or that all openings in the building are kept
securely closed and fastened so as to prevent the entry of unauthorized
persons.
If the owner fails to ensure that such premises are free from debris and
flammable substances, or that the premises are guarded or that all
openings are securely closed and fastened so as to prevent the entry of
unauthorized persons, then the Fire Chief may cause the same to be
done at the expense of the owner and the costs thereof shall be
recoverable by the municipality in the same manner as that contained in
Part VI, Section (5) of this bylaw.
9.
Fire Doors and Shutters
Where doors or shutters are installed in a building to prevent the spread
of fire, those doors or shutters, inclusive of hardware, shall at all times be
kept and maintained in good repair and working order, and shall not be
blocked or wedged open.
10.
Elevator Shafts
No person shall store, place, keep, maintain or permit to be stored,
placed, kept or maintained in any part of an elevator shaft in a building,
any dangerous goods.
The well of an elevator shaft shall, at all times, be kept clean and free
from rubbish and litter and flammable substances.
11.
Ventilating Shafts
No person shall use a ventilating shaft for a purpose other than
ventilation.
12.
Chimneys, Flues and Vents
The owner or occupier of a building or premises shall cause every
chimney flue and chimney connector to be cleaned of all accumulation of
debris as often as may be necessary to keep the chimney and chimney
connector free from danger of fire.
A chimney, flue, or stack, and any metal extension thereof shall be
maintained in a safe condition.
Consolidated Fire Bylaw 2421 04/15/26 Page 13
13.
Disposition of Combustible Material
No person shall deposit, or permit to be deposited, any greasy or oily rags
or other things liable to spontaneous heating, within five feet of a
combustible wall, partition, fence, floor or sidewalk or within five feet of
lumber, shavings, rubbish, fuel, or other combustible or flammable
materials, unless those rags or other things are deposited in a
noncombustible receptacle.
An occupant of a building or premises who makes, stores or uses
shavings, excelsior, rubbish, sacks, bags, litter, hay, straw, wastepaper or
other combustible or flammable material shall, at the close of each day,
store such material in a fire-safe manner or store it in noncombustible
receptacles.
14.
Disposal of Ashes
No person shall deposit, or allow or cause to be deposited, ashes from a
fire box or ash pit within five feet of a combustible wall, partition, fence,
floor or sidewalk or within five feet of lumber, hay, shavings, rubbish fuel
or combustible material.
All ashes shall be deposited in a noncombustible receptacle.
No person shall deposit or allow or cause to be deposited, paper, straw,
hay, shavings or other combustible or flammable matter in or among
ashes or other matter taken from a stove, furnace or fireplace.
15.
Hydrant and Water Supply Systems on Private and Public Property
(a)
All water supply systems on private property shall conform to
municipal specifications and be installed to be capable of
providing adequate water for fire fighting purposes as determined
by the latest issue of "Water Supply for Public Fire Protection"
published by the Public Fire Protection Survey Services and the
Insurance Bureau of Canada or as otherwise approved in writing
by the Fire Chief.
(b)
All new water supply systems on private property shall conform to
flow and pressure requirements for fire fighting purposes
according to municipal specifications or as otherwise approved in
writing by the Fire Chief.
(c)
Prior to proceeding with construction of any new water supply
system or extension to an existing system, the applicant shall
submit plans of proposed fire hydrant locations and all
components of the water distribution system to the Fire Chief for
approval.
Consolidated Fire Bylaw 2421 04/15/26 Page 14
(d)
The owner or occupier of a building under construction shall:
(i)
provide roads finished to a minimum of good compacted
gravel for adequate access for fire department apparatus,
approved by the Fire Chief;
(ii)
provide a water supply system for fire protection as soon
as practical as may be determined by the Fire Chief and
the Public Works Superintendent; and
(iii)
notify the Fire Department of all newly installed fire
hydrants.
(e)
All installations of fire hydrants on private property or private water
systems shall be designed and supervised by a professional
engineer and built to municipal specifications.
(f)
During construction, servicing, or repairs within a subdivision, the
owner or occupier shall immediately notify the Fire Department of
all fire hydrant conditions which may affect fire safety, including
fire hydrants which are temporarily out of service or low water
volumes and low water pressures.
(g)
Bulk plants shall be provided with fire hydrants and a water supply
with pressure and quantity adequate to meet the probable fire
demands as determined by the Fire Chief.
16.
Hydrant and Water Supply Systems Maintenance - Private Properties
(a)
Hydrants shall be maintained in operating condition.
(b)
Hydrants shall be inspected and maintained in accordance with
the BC Fire Code Regulations.
(c)
Records of maintenance shall be forwarded annually to the office
of the Fire Chief.
(d)
Fire hydrants shall be painted in compliance with the National Fire
Protection Association publication "Marking of Hydrants".
17.
Buildings
(a)
Fire protection equipment is required for the protection of any
building or occupancy and shall meet the standards of the Fire
Services Act, BC Building Code, BC Fire Code Regulations and
any other code or bylaw adopted by the municipality, and shall be
installed in accordance with good engineering practices, and be
located to the satisfaction of the Fire Chief.
(b)
Any regulation not included in the Fire Services Act, BC Building
Consolidated Fire Bylaw 2421 04/15/26 Page 15
Code Regulations and the National Fire Code of Canada shall be
referenced from the National Fire Protection Association,
International.
(c)
Notwithstanding the absence of specific regulations, codes or
bylaws, good engineering practices shall be observed in the
development and maintenance of buildings, water supply systems,
fire protection systems, and means of access for Fire Department
apparatus to the satisfaction of the Fire Chief.
Bylaw 2000-339 added the following section and renumbered subsequent
sections:
18.
High Buildings
(a)
The owner of any building of six or more storeys, and for which an
application for a building permit is submitted to the District of
Summerland after the date of adoption of this bylaw, shall ensure that:
1.
fire stairwells are marked clearly, including roof access;
2.
a steel lock box, with type and installation approved by the Fire
Chief, is located at the Fire Department entrance to the building and
contains the key to the fire fighting equipment storage areas as well
the key to access the building and all service rooms within the
building, each such key being clearly marked;
3.
there is a room or closet on the fourth storey of the building, and
every fourth floor above that, that is dedicated as a "fire fighting
equipment" storage area, and is at least 32 inches deep by 48
inches wide and is accessible by a standard height locked person
door;
4.
each fire fighting equipment storage area is equipped with the
following:
(i)
eight self contained breathing apparatus cylinders (4500 psi,
30 minute carbon fibre) meeting the requirements of NFPA
1981. Make and model to be determined by the fire
department;
(ii)
a rack suitable for storing the cylinders and equipment noted;
(iii) a high rise pack carrying bag containing: eight lengths of 1 ¾
inch x 50 feet of fire fighting hose meeting the requirements
of NFPA 1961 "Standard on Fire Hose";
(iv) three lengths of 2 ½ inch X 50 feet of fire hose with BCT and
meeting the requirements of NFPA 1961 "Standard on Fire
Hose";
(v)
one Akron 1581 - 2 ½ inch x 1 ½ inch gated wye or
equivalency approved by the Fire Chief;
(vi) two Akron - 1 ½ inch break apart fire fighting nozzles
meeting NFPA 1964 "Standards for Spray Nozzles" or
equivalency approved by the Fire Chief;
(vii) one set of hose spanners;
(viii) one halligan tool;
Consolidated Fire Bylaw 2421 04/15/26 Page 16
(ix) one flat head fire axe;
(x)
two bucking straps;
(xi) six door wedges;
(xii) two Akron - 2 ½ inch 60 degree elbows - style 631, or
equivalency approved by the Fire Chief;
(xiii) one Akron - 2 ½ inch inline gauge - style 35, or equivalency
approved by the Fire Chief; and
(xiv) one small carrying bag for small equipment;
5. the Fire Department is requested, prior to making an application
for an occupancy permit, to attend the building for the purpose of
testing radio coverage and reception and determining whether it is
acceptable in the opinion of the Fire Department for use during an
emergency, both within the building and from the interior to the
exterior and vise versa; and
6. video and voice communication systems are installed to allow
arriving Fire Department crews to view common corridors on each
floor and the parking areas from a monitor in the lobby (or Fire
Department entrance) by the fire alarm panel.
(b)
The owner of any building for which the British Columbia Fire Code
requires a Fire Safety Plan, and for which an application for a building
permit is submitted to the District after the adoption of this Bylaw shall
ensure that:
1.
a steel lock box, with type and installation approved by the Fire
Chief, is located at the Fire Department entrance to the building
and contains the key to the fire fighting equipment storage areas
as well the key to access the building and all service rooms within
the building, each such key being clearly marked; and
2. information on the proposed location of the lock box is provided to
the District at the time of application for a building permit.
(c)
If the design of a proposed building would, in the opinion of the Fire
Chief, interfere with the operation of emergency services communication
equipment, the owner must install and maintain in or on the building one
of the following:
1.
a passive antenna or radiating cable system;
2.
an internal multiple antenna system with unidirectional or bi-
directional amplifiers as needed;
3.
a voting receiver system; or
4.
any other system proposed by the owner and approved in writing
by the Fire Chief as meeting the requirements of the emergency
services communications system.
(d)
At the time of application for a building permit for a building of six or more
storeys the owner shall provide the following to the District:
Consolidated Fire Bylaw 2421 04/15/26 Page 17
1.
a copy of the building / tower's fire safety and response plan, in
electronic format as a DXF file, including a brief but accurate
explanation in point form of:
(i)
the operation of the firefighter's elevator;
(ii)
venting to aid firefighting;
(iii) the building's central alarm and control facility;
(iv) the building's video system;
(v)
the building's voice communications system;
(vi) the building's fire pump;
(vii) the building's sprinkler and standpipe riser systems; and
2.
information of the proposed location of all items required
pursuant to section 18(a) above, as well as confirmation of the
location of the building's video system cameras and monitors.
(e)
If any of the information required to be supplied pursuant to subsection
18. (a) above should change, or if any of the locations required to be
confirmed pursuant to subsection 18(b)2. or 18(d)2. should change, the
owner shall ensure that the Fire Chief is notified immediately of such
change.
19.
Standards of Work
The Fire Chief may require that work shall be done in conformity with
higher standards than specified in these regulations if, at his discretion,
he deems that such higher standards are reasonably necessary in the
interest of safety.
20.
Rejection of Work
The Fire Chief may, after the examination of any work, issue a written
rejection which shall have the same force and effect as an order issued
under Part X.
21.
Dangerous Goods
(a)
All dangerous goods shall be moved in compliance with the
Transportation of Dangerous Goods Act R.S.C. 1980-81-82-83,
Chapter 36 and amendments thereto.
(b)
The storage and handling of all hazardous materials shall be done
in compliance with the British Columbia Fire Code Regulations.
(c)
Where, in the opinion of the Fire Chief, a discharge, emission or
escape of dangerous goods has occurred and immediate action is
necessary for the protection of the public, he may require that any
action be taken by any person he considers qualified to do so, or
take action himself to eliminate or contain the danger.
(d)
The Municipality may recover any costs and expenses incurred by
Consolidated Fire Bylaw 2421 04/15/26 Page 18
taking action pursuant to Subsection (c) of this Section from any
person or persons who had charge, management or control of the
dangerous goods at the time the action was taken and such costs
and expenses shall be recoverable in the manner provided by Part
VI, Section (5) of this bylaw.
PART VII - INSPECTION OF PREMISES
1.
Review of Plans
The Fire Chief shall review the plans and inspect the construction of all
new buildings and structures in the municipality other than single-family
dwellings, in order to establish that the fire protection facilities and
equipment are in compliance with all applicable regulations, codes and
standards.
2.
Right to Inspect
The Fire Chief, or any member of the Fire Department authorized by
Council, may at all reasonable hours enter into and upon any lands,
premises, yards or buildings for inspection purposes to ascertain whether
or not:
(a)
the state of disrepair, fire starting therein might spread so rapidly
as to endanger life or other buildings or property;
(b)
the use or occupation is such that fire starting therein would
endanger life or property;
(c)
combustible or explosive material is so kept or such other
inflammable conditions exist therein to endanger life or property;
(d)
any fire hazard exists therein;
(e)
the requirements of this bylaw are being carried out.
3.
Assistance in Inspection
The owner or occupier of a building or property or any other person
having knowledge of the building or property shall, upon request, give to a
fire inspector who is carrying out an inspection of the building or property,
such assistance as he may require in carrying out the inspection.
4.
Entry for Inspection
No person shall obstruct, hinder or prevent any Fire Services Personnel
from entering into or upon any lands or premises at any reasonable time
for inspection purposes.
Bylaw 92-022 adopted December 14, 1992 replaced the section on Open Air
Burning.
Consolidated Fire Bylaw 2421 04/15/26 Page 19
Bylaw 93-053, adopted September 27, 1993 replaced the section on Open
Air Burning.
Bylaw 98-008, adopted May 25, 1998 replaced the section on Open Air
Burning.
Bylaw 2000-177, adopted June 14, 2004 replaced section 1.1 with the
following:
PART VIII - OPEN AIR BURNING
1. FIRE PERMIT REQUIREMENT
'1.1
Except as outlined in subsections 1.1 (a), (b), (c) and (d), no
person shall light, ignite, or start, or allow, or cause to be lighted or
started, a fire of any kind whatsoever in the open air, without first
obtaining a written 'Fire Permit' from the Fire Chief or his
appointee.
(a)
The operation of a permanent outdoor barbeque or
portable outdoor barbecue intended for and used solely for
the preparation of food is permitted without a Fire Permit.
(b)
The operation of municipally installed fire pits located on
municipal beaches and parks, or privately installed fire pits
located in campgrounds and tourist parks approved by the
municipality are permitted without a Fire Permit.
(c)
Necessary burning by the District of Summerland,
including fire department authorize for the purposes of
education, training and for fire safety purposes are
permitted without a Fire Permit.
(d)
Campfires which have been approved by the property
owner and which are intended for and used solely for the
preparation of food are permitted without a Fire Permit.
1.2
Every person to whom a "Fire Permit" has been issued will place and
keep a competent person at all times in charge while the fire is burning or
smoldering and until the fire is completely extinguished and will provide
such person with sufficient and adequate fire fighting appliances and
equipment as is required in order to prevent the fire from getting beyond
control or causing damage or becoming a danger to life and property. The
term of each permit will be determined by the Fire Chief or his appointee,
but will not exceed 72 consecutive hours.
1.3 The Fire Chief or his appointee may refuse to issue or may cancel a "Fire
Permit" whenever, in his opinion, such burning is deemed hazardous or
creates a nuisance.
1.4 The Fire Chief or his appointee may issue a "Fire Permit" to a property
owner to ensure compliance with a Provincial Act or Legislation.
Consolidated Fire Bylaw 2421 04/15/26 Page 20
1.5
Every person who after registering their property with the fire department
and meets the Open Air Burning Regulations and follows the procedure
as outlined in the written "Fire Permit" may obtain a verbal "Fire Permit"
via telephone from the Fire Chief or his appointee.
2.
OPEN AIR BURNING REGULATIONS AND PROHIBITIONS
2.1
No person will light, ignite or start, or allow, or cause to be lighted, ignited,
or started, a fire of any kind whatsoever in the open air except in
accordance with the following regulations
A.
Only permitted burning materials will be burned;
B.
All permitted burning materials to be burned will originate from the
land on which it is to be burned;
C.
All burning will be conducted and concluded between 7:00 a.m.
and sunset of the same day except for burning permitted under
section 2.1.D;
D.
All burning of stumps and other materials exceeding 20 cm (8") in
diameter may be maintained for a maximum of 72 hours if the fire
is substantially smokeless, provided that no further combustible
materials will be added to the fire after sunset of each day of the
fire;
E.
All first will be continuously controlled and supervised by a
competent person properly equipped with sufficient fire
extinguishing equipment and material;
F.
All fires will be maintained so as to not constitute a nuisance;
G.
A minimum separation of:
a)
30 metres will be maintained between the location of the
fire and any buildings and between any highway;
b)
100 metres will be maintained between the location of the
fire and any buildings on neighbouring properties which
may be a dwelling, business or public facility;
c)
500 metres will be maintained between the location of the
fire and schools in session, hospitals and facilities used for
continuing care as defined under the Continuing Care Act.
H.
No open fires will be initiated unless the ventilation index as
provided by Environment Canada is forecast as:
a)
"good" for the day on the open burning is to be started, and
b)
"good" or "fair" on the second and third day the fire is
anticipated to release smoke.
I.
Open fires on each property must be separated by a smoke free
period of at least 15 days and open fires will only be permitted on
the same piece of property a maximum of 4 times per year. Each
72 hour burning period or permit request if less than 72 hours
shall be considered 1 time.
3.
CAMPFIRE REGULAITONS AND PROHIBITIONS
3.1
No person will light, ignite or start, or allow, or cause to be lighted, ignited,
Consolidated Fire Bylaw 2421 04/15/26 Page 21
or started, a campfire except in accordance with the following regulations:
A.
Only permitted burning materials, including seasoned untreated
lumber, dry and seasoned firewood will be used in campfires.
B.
Campfires will be continuously controlled and supervised by a
competent person equipped with extinguishing equipment and
material, and must be completely extinguished before the person
leaves the area.
C.
Campfires will be maintained so as not to cause a nuisance.
D.
Campfires will be contained within a fire pit.
E.
Campfires must be located a minimum of 5 metres from adjoining
property lines and buildings.
F.
Campfires must be intended for and used solely for the
preparation of food.
G.
Campfires will not be permitted between 11 p.m. and 7 a.m.
4. RESTRICTIONS
4.1
No person will burn prohibited burning materials, compostable materials
or garbage in the open air, campfire, fireplace or woodstove.
4.2
All fires are subject to local fire hazard restrictions and Ministry of Forests
fire hazard restrictions and are subject to cancellation at any time by an
authority having jurisdiction.
4.3
No person will construct or erect an incinerator, outdoor barbecue or
other appliance for burning prohibited materials, compostable materials or
garbage, nor will any enclosed fire be built, set or maintained outside the
walls of a building at any time.
4.4
No person will light, ignite or start or allow, or cause to be lighted, ignited
or started a fire, when a reasonable person would know that the wind is
strong enough to cause sparks or other burning material to be carried to
combustible material.
4.5
A person who lights, ignites, or starts, or allows a fire to be lighted,
ignited, or started, will report and/or attempt to control any fire that
escapes or threatens to escape from the intended burning area.
PART IX - FIREWORKS
1.
Restrictions
(a)
No person shall manufacture, discharge, explode, fire or set off
fireworks in the Municipality.
(b)
Within the municipality, no person shall sell, dispose of, or give
fireworks to any person.
Consolidated Fire Bylaw 2421 04/15/26 Page 22
2.
Special Permit
(a)
Council, along with the Fire Chief, may issue a Special Permit to
discharge "Low Hazard" fireworks as defined in the "Fireworks
Manual" to an individual or organization for a specific event or
occasion.
(b)
Council, along with the Fire Chief, may issue a Special Permit to
discharge "High Hazard" fireworks as defined and regulated in the
"Fireworks Manual" for public display and for a specific event or
occasion.
3.
Conditions
(a)
An organization, in order to discharge fireworks, must first appoint
a fireworks supervisor who would have complete authority over
and be responsible for all safety features at the fireworks display.
(b)
Written permission must be obtained from the owner or occupier
of the land on which the fireworks will be prepared or set off, as
well as all neighbouring lands upon which debris may reasonable
be expected to fall, and such written permission shall be filed with
the Fire Chief.
(c)
No person shall discharge any fireworks on any street in the
Municipality.
PART X - ENFORCEMENT
1.
Issuance of Order
(a)
If an Inspector finds that any provision of this bylaw has been
contravened or has not been compiled with, or has been complied
with improperly or only in part, or that conditions exist in or upon a
building or property to which the bylaw applies and which, in his
opinion, constitute a fire hazard or otherwise constitutes a hazard
to life or property, he may make such order to ensure full and
proper compliance with this bylaw and in particular, but without
limiting the generality of the foregoing, he may:
(i)
require the owner or occupier of such binding or property
to take such action as might in the opinion of the Inspector
be necessary to remedy the contravention of this bylaw or
to ensure compliance with this bylaw or to remove the
hazard, or
(2)
make such orders as are, in his opinion, necessary with
respect to any matter referred to in this bylaw.
(b)
An order made under this bylaw shall be in writing and shall be
Consolidated Fire Bylaw 2421 04/15/26 Page 23
directed to either the owner or occupier of the building or property
in respect of which the order is made or to both.
2.
Service of Order
An order made under this bylaw shall be served by:
(a)
delivering it or causing it to be delivered to the person to whom it
is directed, or
(b)
mailing the Order by return registered mail to the address of the
owner as shown on the records of the Land Title Office at
Kamloops, British Columbia.
PART XI - PENALTY
1.
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 neglects to do or
refrains from doing anything required to be done by any of the provisions
of this bylaw or an act or thing or omits any act or thing, thus violating any
of the provisions of this bylaw, shall be liable, on conviction, to a penalty
of not less than Fifty Dollars ($50.00) or more than Two Thousand Dollars
($2000.00) for each offence, and in the case of a continuing offence, to a
further penalty for each day during which the offence continues as
provided by the Offence Act.
Bylaw 93-053 adopted September 27, 1993 added the following section:
2.
In addition to the penalties which may be imposed under this Part XI of
this Bylaw, any person who breaches Part VI and Part VIII, of this Bylaw
and thereby causes the Municipality any direct or indirect expenses to
remedy the breach shall, on demand by the Municipality, reimburse the
Municipality for such expenses. The Fire Chief shall certify the expense
actually and necessarily incurred to the Municipal Treasurer of the
Municipality who shall pay the expenses out of general revenue, and
when so paid, such expense forms a special lien within Section 438 of the
Municipal Act on the lands and improvements, in favour of the
Municipality and shall, for all purposes, be delinquent taxes on the land
and improvements under the Municipal Act from the date of payment
thereof and shall be recoverable pursuant to the provisions of the
Municipal Act.
PART XII - REPEAL AND READINGS
1.
Bylaws Numbered 2126, 2127 and 2333 be and are hereby repealed.
Consolidated Fire Bylaw 2421 04/15/26 Page 24
READ A FIRST, SECOND AND THIRD times by the Municipal
Council of the Corporation of the District of Summerland, this 26th day of June,
1989.
RECONSIDERED, FINALLY READ AND ADOPTED by the
Municipal Council of the Corporation of the District of Summerland, signed by the
Mayor and Clerk of the said Corporation, this 10th day of July, 1989.
'R.J. Shewfelt'
MAYOR
'G. Redlich'
CLERK