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CITY OF TERRACE
BYLAW NO. 2260-2022
"A BYLAW OF THE CITY OF TERRACE FOR PREVENTING FIRES AND THE SPREAD
OF FIRES, THE PRESERVATION OF LIFE, AND FOR PROVIDING A REGULAR
SYSTEM OF INSPECTING BUILDINGS AND CONTENTS WITHIN CITY
BOUNDARIES FOR THE PURPOSE OF FIRE PREVENTION."
WHEREAS the Council of the City of Terrace in open meeting assembled HEREBY
ENACTS as follows:
1.0
DEFINITIONS
1.1
The definitions contained in the Zoning Bylaw of the City of Terrace shall be
accepted for interpretation purposes wherever used in this Bylaw. The
requirements of the British Columbia Fire Services Act shall apply where
applicable. In all cases not specifically covered in this Bylaw, the requirements
of the British Columbia Fire Services Act and the British Columbia Fire Code
and the requirements of other City of Terrace Bylaws shall apply.
1.2
"CONTACT PERSON" means a person who is able to attend a premise within
30 minutes of a request by the fire department or monitoring service provider,
has full access to the premises, and is able to secure the premises as directed
by the fire department.
1.3
"FALSE ALARM" means the activation of a fire alarm system resulting in the
direct or indirect notification of the Terrace Fire Department and its resources
have been initiated to the address of the fire alarm system where there is no
evidence of smoke, damage, or any other visible sign of fire or emergency
situation.
1.4
"FIRE WATCH" means a fire warning and inspection process within a
building that includes the following:
Posting of written notices at all entrances and exits on each floor
stating that a Fire Watch is in effect and its expected duration.
An hourly physical inspection of all public areas and
building service rooms equipped with a fire alarm
detection device.
Notation in an entry book at least every hour of the conditions in
the building by the person(s) performing the Fire Watch.
Some provision on site for the person(s) performing the Fire
Watch for the making of 911 emergency call(s).
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Posting of instructions in the building as to the alerting of all
occupants of the building of alternate actions to be taken in case
of an emergency.
1.5
"HOTEL" includes apartment house, boarding house, lodging house, club and
building where lodging is provided, other than a private dwelling house.
1.6
"INCIDENT" means an accident, occurrence or emergency and includes, but is
not limited to, a fire, an explosion, a natural disaster, the escape or spill of
Dangerous Goods or Hazardous Products, a transportation related accident and
circumstances necessitating rescue efforts or medical assistance.
1.7
"INSPECTOR" means any Terrace Fire member authorized by the Fire Chief
to act in such capacity.
1.8
"MEMBER" means a person employed or retained by or acting voluntarily
on behalf of the Terrace Fire Department, including the Fire Chief and all
Firefighters.
1.9
"PREMISES" means every building including private buildings, together with
its land and outbuildings.
1.10
"PROPERTY" means personal property or land, with or without
improvements so affixed to the land as to make them in fact and law a part
of it, as the context so requires.
1.11
"PUBLIC BUILDING" includes warehouse, factory within the meaning of the
Workplace Act, store, mill, school, hospital, theatre, public hall, office building
and any other building other than a private dwelling house.
2.0
ADOPTION AND APPLICATION OF THE FIRE CODE
2.1.
The British Columbia Fire Code as amended or replaced from time to time, is
adopted and made part of this Bylaw, such that every provision of the British
Columbia Fire Code shall be considered a provision of this Bylaw. This Bylaw
comes into force and takes effect on the date of its adoption by Council.
2.2
Any person who contravenes, violates, or fails to comply with a provision of
the British Columbia Fire Code or this Bylaw commits an offence under this
Bylaw and will be subject to a fine as per the City of Terrace Ticket
Information Utilization Bylaw.
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3.0
CONTINUATION
3.1
The Fire Department is hereby continued for the purposes of providing fire
suppression, fire medical response, fire inspections, fire investigations,
public education, fire training, emergency management and rescue services
contemplated under this Bylaw.
4.0
ENFORCEMENT AUTHORITY
4.1
The provisions of this Bylaw shall be enforced by an official appointed by the
Council, such official to be known as the Fire Chief. The Fire Chief may
delegate the authority conferred on the Fire Chief under this bylaw to a
member acting under the authority of the Fire Chief.
4.1.1 The Fire Chief and any officer, member or other person authorized by the Fire
Chief to act on behalf of the Fire Chief, may exercise the following powers under
of the Fire Services Act:
(a) if an emergency arising from a fire hazard or from a risk of explosion causes
the Fire Chief or designate to apprehend imminent and serious danger to life
or property, or of a panic, the Fire Chief or designate may immediately take
steps to remove the hazard or risk.
(b) if the Fire Chief or designate believes that conditions exist in or near a hotel
or public building, that, in the event of a fire, natural disaster, or other
emergency incident might seriously endanger life or property, the Fire Chief
or designate may immediately take action to remedy the conditions to
eliminate the danger and may evacuate and close the hotel or public building
or any other premises that may be affected by the incident.
4.1.2 No person shall impede, hinder, or interfere with any Firefighter in the
execution of his/her duties or any other person under the direction of any
Officer in Command during an inspection or at an incident. To do so is an
offence and subject to a fine as per the City of Terrace Ticket Information
Utilization Bylaw.
4.2
No person shall wilfully, by outcry, ringing bells, using a fire alarm, telephone,
or in any other manner, make or circulate or cause to be made or circulated an
alarm of fire, without reasonable cause thus causing a false alarm. To do so is
an offence and subject to a fine as per the City of Terrace Ticket Information
Utilization Bylaw.
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4.3
POWERS OF MEMBERS IN PROVIDING INCIDENT RESPONSE
4.3.1
The Fire Chief, and any Member authorized by the Fire Chief, is authorized
to enter on property and into premises, with or without Apparatus or
Equipment, to combat, control, investigate or otherwise deal with an
Incident.
(a) A Member may enter into or onto a Property where an Incident exists
and, if necessary, into or onto a Property within the vicinity of the
Incident;
(b) A Member may cause equipment to be brought into or onto a Property
where an Incident occurred and, if necessary, into or onto a Property
within the vicinity of the Incident;
(c) The Fire Chief and the Officer in Command may order the demolition or
removal of all or part of a Building or structure;
(d) The Fire Chief and the Officer in Command may order the evacuation of
any Building or area;
(e) The Fire Chief and the Officer in Command may establish one or more
limited entry areas in the vicinity of an Incident and prohibit any person
from entering such limited entry areas without proper authorization; and
(f) The Fire Chief and the Officer in Command may obtain assistance from
other officials of the Municipality as they deem necessary.
5.0
FIRE INVESTIGATION FEE COST RECOVERY
5.1
Every owner or occupier of a structure where damage from an incident is in
excess of $5,000 and for which a Fire Investigation and Fire Investigation
report must be completed by the Terrace Fire Department in accordance with
the Fire Services Act, shall pay the applicable fire investigation fee as per
Schedule B.
5.1.1 If, while completing an investigation pursuant to the Fire Services Act, the
Fire Chief, or a Member authorized by the Fire Chief, deems it necessary to
obtain the services of a private security company for investigation
continuity, the Owner of the property shall pay the fee as per Schedule B.
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6.0
REGULAR SYSTEM OF INSPECTIONS
6.1
The Fire Chief is directed and authorized to:
(a) Establish a regular system for the inspection of all hotels, public buildings,
churches, theatres, halls, and other buildings used as a place of public
resort;
(b) Establish a regular system for the inspection of all other buildings in the
City;
(c) Establish classes of buildings and different inspection frequencies for
different classes of buildings; and
(d) Amend the frequency of inspection schedules from time to time.
(e) For the purposes of this Bylaw, private dwelling house and single family
dwellings are excluded from the Schedule of Inspections and will only be
inspected on invitation by the owner/occupant.
6.2
FIRE PROTECTION UPGRADES
6.2.1 The Fire Chief, and any Member authorized by the Fire Chief, may require
any Owner or Occupier of a Hotel or Public Building, to provide or make
alterations to the building's fire protection equipment, including, but not
limited to heat and smoke detection systems, Fire Alarm Systems,
emergency power sources, exit signs, fire separations, standpipe systems,
sprinklers and means of egress.
6.2.2 Any required provisions or alterations required by the Fire Chief, or
authorized Member, pursuant to section 6.2.1 shall not exceed the
requirements set out in the Building Code.
6.4
INSPECTION OF PREMISES
6.4.1 In addition to carrying out the regular system of inspections pursuant to
section 6.1, the Fire Chief, and any Member authorized by the Fire Chief, to
act as an Inspector, is authorized to enter onto any property within the City
at any time and inspect premises for the purposes of ascertaining whether:
(a) conditions exist which may cause a fire, increase the danger of fire, or
increase the danger to persons or property from a fire;
(b) requirements of this bylaw are being complied with; and
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(c) requirements of the British Columbia Fire Code are being complied with.
6.4.2 Where violation(s) under the British Columbia Fire Code, British Columbia
Fire Services Act or this Bylaw are observed upon inspection of a premises,
the Fire Chief, and any Member authorized by the Fire Chief, to act as an
Inspector, may issue an order requiring that the violation(s) be corrected
within a specified time period and advising of a return date for a re-
inspection. If upon re-inspection, the order has not been complied with and
the violations corrected, the owner or occupier of the premises shall pay
the applicable re-inspection fee for that re-inspection and for each re-
inspection required thereafter. It is an offence to not correct the noted
violations and are therefore subject to a fine as per the Ticket Information
Utilization Bylaw.
6.4.3 In addition to the inspections authorized pursuant to sections 6.0 of this
bylaw, the Fire Chief, and any Member authorized by the Fire Chief, is
authorized to exercise within the City all the powers under sections 21 and
22 of the British Columbia Fire Services Act and, with the written approval
of the Fire Commissioner, the powers conferred in section 23 of the Fire
Services Act.
6.4.4
Owners, Occupiers or persons using cooking equipment in fixed, mobile
or temporary concessions, such as trucks, buses, trailers, pavilions, tents,
or any form of roofed enclosure, shall comply with NFPA 96 "Standard for
Ventilation Control and Fire Protection of Commercial Cooking
Operations" as referenced in the British Columbia Fire Code unless
otherwise exempted by the Authority Having Jurisdiction.
6.5
EXTERIOR WASTE RECEPTACLES AND WASTE MATERIAL
6.5.1
Containers used for the disposal, removal, or storage of garbage, refuse,
building debris, papers, or combustibles with any dimension greater
than 1.5 meters shall:
(a) have lids kept closed at all times unless otherwise approved by the
Fire Chief;
(b) not be located within five (5) meters of any combustible Building or
structure, unless stored within a non-combustible structure or in a
location approved by the Fire Chief; or
(c) be located up to one (1) meter from any combustible Building or
structure if the container is of non-combustible construction, with a
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secured self-closing lid and has no hold open device.
6.5.2
No person, Owner or Occupier shall allow combustible waste materials
or garbage to remain longer than twenty-four (24) hours in any street,
lane, alley, or sidewalk located so as to constitute a fire hazard to any
Property.
6.5.3
The Fire Chief, or a Member may order any person, Owner or Occupier
to remove and dispose of any accumulation of combustible waste from
a street, lane, alley, or sidewalk.
6.5.4
If a person, Owner or Occupier fails to comply with an order issued
pursuant to Section 6.5.3, the Fire Chief or a Member may cause the
removal and disposal of any accumulated combustible waste at the sole
cost and expense of the person, Owner or Occupier subject to the fee as
per Schedule B and may also be given a fine as per the Ticket Information
Utilization Bylaw.
7.0
FIRE WATCH FOR PUBLIC SAFETY
7.1
If a Hotel or Public Building contains a Fire Alarm System, sprinkler system
or emergency power system which is not is properly functioning, the Owner
of that property must institute and maintain a fire watch of the property until
such time as the system is fully operational.
7.1.1 a fire watch pursuant to section 7.1 requires that the Owner, or an agent of
the Owner, attend at the property and perform all the following activities:
(a) maintain continued attendance throughout the fire watch;
(b) post written notices at all entrances and exits on each floor of the subject
building stating that a fire watch is in effect and its expected duration;
(c) provide a physical inspection of all public areas of the subject building;
(d) note in an entry book at least every hour the safety conditions in the
subject building;
(e) ensure on-site provision of a communications device capable of making
a 911 call: and
(f) post instructions in the subject building as to the alternate actions to be
taken in the case of an emergency, and if a Fire Safety Plan exists for the
building, the instructions shall be in accordance with the Fire Safety
Plan.
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7.2
If a Hotel or Public Building contains a Fire Alarm System, sprinkler system
or emergency power system which is not is properly functioning, and the
Owner, or Owner's agent, is not in attendance at the property performing
a fire watch in accordance with section 7.1, the Owner will be given a fine
and the Fire Chief, and any Member authorized by the Fire Chief, may
arrange for one or more Members to attend at the property and remain at
the site until the Owner or the Owner's agent arrives to commence or
continue the fire watch. A fire watch fee as per the Ticket Information
Utilization Bylaw.
7.3
If one or more Members attend at a property pursuant to section 7.0 in
excess of 1 hour, the Fire Chief, and any Member authorized by the Fire
Chief, may:
(a) continue to maintain as many Members at the property as the Fire Chief
or authorized Member deems necessary for the fire watch and the
Owner shall pay the City the fee as per Schedule B; or retain the services
of a private security company to maintain the fire watch until the Owner
or Owner's agent attends to assume the fire watch or until the fire watch
is no longer required, and Owner shall pay the City the fee as per
Schedule B of this bylaw.
8.0
CONTACT PERSONS
8.1
OWNER OR OCCUPANT RESPONSIBILITY
8.1.1
The Owner or Occupier of a Property or Public Building shall provide a list
of at least two (2) Contact Persons who are able to attend, enter and secure
the Property within 30 minutes of being called. The Owner or Occupier
shall ensure that this list is current and that the Fire Department is provided
with an updated list as changes are made.
8.1.2
Failure of a notified Contact Person to respond within the specified time
will result in a fine as per the Ticket Information Utilization Bylaw. If the
Fire Department must gain entry, without the presence of the Contact
Person, any damage that may occur, will be at the expense of the Owner
or Occupier of the Property.
8.2
RESPONSIBILITY OF CONTACT PERSONS
8.2.1
A Contact Person must be able to attend the Property within 30 minutes
when requested by the Fire Department. Once the Contact Person has
arrived at the Property, the Contact Person shall:
(a) contact the Officer in Command at the scene;
(b) be able to provide access to, or contact the person who has access to,
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the area of the Property involved in the Incident Response;
(c) be able to secure, or to have the area of the Property involved in the
Incident Response, secured;
(d) perform a Fire Watch where required or assign persons to perform a
Fire Watch;
(e) be authorized to contact a Fire Protection Technician to test, reset, or
repair the Fire Alarm System, as necessary.
9.0
ABOVE & BELOW GROUND PETROLEUM PRODUCTS STORAGE TANKS
9.1
A permit shall be obtained from the Fire Department by the owner or his duly
authorized agent prior to the installation or removal of any fuel tank. For each
permit, the applicant shall pay City of Terrace a fee as per Schedule B of this
Bylaw.
9.2
In addition to the provisions of this bylaw, owners, and operators of
petroleum products storage tank systems shall comply with all other
applicable statutes and regulations, including, without limitation, the Waste
Management Act, British Columbia Fire Code, Canada Shipping Act, and
British Columbia Building Code. In the event of any conflict between this
bylaw and any other statute or regulation the stricter shall apply.
10.0
BULK PLANTS AND REFINERIES
10.1
No person shall install, operate, or modify a refinery or bulk plant without first
obtaining a permit issued by the City of Terrace.
10.2
No permit shall be issued in the City of Terrace unless the approval of Council
or its duly authorized agent has first been obtained for all new construction.
10.3
A permit shall be obtained from the City of Terrace for the storage of flammable
and combustible liquids, the construction or renovation of refineries or bulk
plants and the operation of service stations. For each permit, the applicant shall
pay a fee as per Schedule B of this Bylaw.
11.0
SERVICE STATIONS, KEY-LOCK AND CARD-LOCK FACILITIES
11.1
No person shall operate a service station or install any storage tank or any
pump or measuring device to be used for the purpose of retailing or storage of
flammable or combustible liquids without first obtaining a permit issued by the
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City of Terrace and the fire department. For each permit, the applicant shall
pay a fee as per Schedule B of this Bylaw.
11.2
FARMS AND CONSTRUCTION PROJECTS
(a) Storage of Flammable or Combustible Liquid: No person shall store any
flammable or combustible liquid in excess of Two Hundred and Thirty (230)
litres on farms, construction sites, or on any private property without first
obtaining written approval from the City of Terrace Planning Department to
ensure compliance with existing Zoning Bylaws. A copy of the written
approval shall form part of the applicant's written request to store flammable
or combustible liquids.
(b) Applications for a Permit shall be made to the Fire Department and
accompanied by plans drawn to scale showing: (for each permit, as per
Schedule B of this Bylaw)
i. the location of the storage containers in relation to the lines of the
adjoining property(ies), buildings and fencing;
ii. the size, capacity and use of the storage containers; and
iii. the standard to which the storage containers have been constructed.
(c) Installation of Facilities used for Storage of flammable or combustible liquids
shall not be commenced until such plans have been accepted in writing.
(d) Conformation to Part 4 of B.C. Fire Code - The storage, handling and use of
flammable or combustible liquids in containers shall conform to Part 4 of the
B.C. Fire Code.
12.0
COMPRESSED GAS SYSTEMS
12.1
NFPA - National Fire Protection Association, LPG - Liquid Petroleum Gas; LNG
- Liquid Natural Gas.
12.2
All storage tanks, all gas-fired appliances and all gas dispensing devices shall
be inspected and approved by BC Safety Authority.
12.3
Notwithstanding zoning, no person shall install, operate, or modify a Propane
Filling Station, Refill Centre, Filling Plant and/or Bulk storage tank without a
permit issued by the Fire Chief or Planning Department for the City of Terrace.
For each permit, the applicant shall pay a fee as per Schedule B of this Bylaw.
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(a) Installation of Liquefied Petroleum Gas (LPG) storage tank(s) will only be
permitted in accordance with Zoning Bylaw No. 2069-2014 and any
updates to it.
(b) Installation of LPG storage tank(s) in areas zoned Heavy Industrial M-2
and Ground-Side Commercial (GSC) will be permitted. Installation and
safety requirements shall be in conformance with both the B.C. Gas
Safety Regulations and NFPA requirements. For LPG storage tanks with
a capacity greater than 2,000 gallons additional fire protection shall be
provided by:
i.
Maintaining a minimum distance of 30m (100 ft) from the near
side of any rail line.
ii.
Maintaining a minimum distance of 15m (50 ft) to property lines.
iii.
Maintaining a minimum distance of 30m (100ft) from municipal
roads or provincial highways.
iv.
Installation and maintenance of a fixed fire suppression system,
consisting of leak detection and a water deluge system capable of
flowing 2,270 lpm (500gpm) or as specified by a Certified Fire
Protection Engineer.
12.4
Adequate protection to all above ground LPG and LNG storage tanks shall be
provided to the satisfaction of the Fire Chief in the City of Terrace.
13.0
VEHICLES FOR THE TRANSPORTATION OF FLAMMABLE AND
COMBUSTIBLE LIQUIDS
13.1
Tank vehicles shall not be left unattended by the vehicle operator for more than
one hour anywhere within the City of Terrace boundaries except in an
acceptable parking space. If in contravention of this section, owner or vehicle
operator will pay a fine as per the Ticket Information Utilization Bylaw.
13.2
An acceptable parking space shall be surrounded by a fence and shall:
(a) be at least 1.8m high:
(b) be of chain link construction that has an opening not greater than 50 x
5Omm; and
(c) have posts of angle iron, pipe or equivalent spaced not more than 3m
apart and set securely.
13.3
All gates shall be locked when the enclosure is not manned.
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13.4
Every owner, carrier, agency, organization, or other person having
responsibility for the transport, storage or use of dangerous goods, shall be
responsible, at that person's own cost and expense, for the clean-up and safe
disposal of all such dangerous goods arising from any incident, and a person
who fails to do so shall be liable to pay the actual costs and expenses incurred
by the City of Terrace;
(a) The costs and expenses incurred by the City of Terrace or its contractors
or agents for the clean-up and safe transport and disposal of the
dangerous goods as per Schedule B.
(b) The costs incurred by the City of Terrace for mitigating the dangerous
goods incident, including without limitation, equipment replacement and
decontamination as per Schedule B.
14.0
FLAMMABLE LIQUID CONTAINERS
14.1
Flammable liquids shall not be dispensed into, stored in, nor transported in
glass containers, or plastic containers, except where the containers have been
investigated by and meet the requirements of a nationally recognized testing
laboratory and are so marked.
15.0 STARTING FIRES IN OPEN AIR
Section 15.0 of this bylaw does not apply to those lands designated Area "A" within
the City of Terrace. The Wildfire Act and Wildfire Regulation apply. (Schedule A)
15.1
No person shall light, ignite or start or permit to be or cause to be lighted,
ignited or started a fire of any kind whatsoever in the open air without first
having obtained a written burning permit to do so from the City of Terrace Fire
Department. If the Fire Department is called to attend to a fire without a permit
a fine may be charged according to as per the Ticket Information Utilization
Bylaw.
15.2 No person shall burn any rubbish, tires, oil, asphalt shingles, battery boxes,
plastic materials, domestic waste, garden waste or any similar materials that
would, in the opinion of the Fire Chief or his designate, produce or emit heavy
sooty black smoke or obnoxious odours. Violation of this section will result in
a fine as per the Ticket Information Utilization Bylaw.
15.3
The Fire Chief or his designate may withhold or cancel any permit issued
where, in his opinion, the igniting of a fire in any area may create a hazard or
nuisance to persons or property, and the Fire Chief or his designate may
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extinguish any fire that is causing a nuisance to persons, or any fire started
without a written burning permit to do so.
15.4
A person to whom a burning permit has been issued under Section 15.1 herein
shall place and keep a competent person or persons, 19 years of age or older,
at all times in charge of the fire while it is burning or smouldering and shall
provide that person or persons with efficient appliances and equipment in
order to prevent the fire from getting beyond control or causing damage or
becoming dangerous. Violation of this section will result in a fine as per the
Ticket Information Utilization Bylaw.
15.5
A person to whom a burning permit has been so issued under Section 15.1
herein shall comply with all requirements stated on the burning permit.
Violation of this section will result in a fine as per the Ticket Information
Utilization Bylaw.
15.6
Burning permits shall only be issued in Agricultural zones with the written
permission of the City of Terrace Fire Department and the requirements of this
Section shall apply where applicable. These permits are to be issued only for
burning of forest debris resulting from FireSmart activities. No Burning permits
will be issued for land clearing purposes. The permit will not be valid after
expiration thereof. For each permit, as per Schedule B of this Bylaw
(a) If at any time the Fire Chief or his designate on account of the existence of
hazardous conditions inclusive of meteorological or ambient air quality
conditions deems it advisable, cancel or suspend for such time as it is
necessary, any right to burn granted pursuant to this Bylaw including all
or any permits issued pursuant to this Bylaw, or he may attach to any or
all such permits such conditions and restrictions as he thinks proper.
(b) All permits issued pursuant to this Bylaw shall be subject to such
conditions, restrictions, and provisions as the Fire Chief or his designate
may consider necessary and expedient to incorporate therein.
(c) If the Fire Department is called to attend a fire that has an approved
burning permit but does not meet the conditions or requirements of this
Bylaw or the issued permit, an inspection fee will be charged as per
Schedule B of this Bylaw.
15.7
COST RECOVERY
15.7.1 Every owner/occupant of a dwelling who starts or allows to be started any
outdoor fire or open burning is responsible for such fire. If, in the opinion of
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the Fire Chief, the fire presents a hazard, has escaped, or threatens to escape
from the owner's control or is prohibited under the terms of this bylaw, the
Fire Department may be summoned to control or extinguish the fire. The
owner shall be liable for all costs and expenses incurred by the Fire
Department to control or extinguish the fire as per Schedule B.
15.7.2 In addition, the Fire Department may levy fines as it deems appropriate as per
the Ticket Information Utilization Bylaw.
16.0
BARBECUES/ GRILLES/ FIRE PITS
16.1
The requirements of Section 15.0 herein shall not apply to small, confined fires
used for the purpose of cooking food in or upon grilles, barbecues, or small fire
pits.
(a) Fires must be contained in a fire pit that shall be a non-combustible
receptacle constructed of cement, brick, or metal.
(b) Maximum one fire pit per property.
(c) The fire pit shall be a maximum of 1 metre in diameter.
(d) Fire pits must be a minimum of 3 metres from any dwelling
structure fence or standing timber.
(e) Only cut, seasoned wood, charcoal or commercially fabricated
fireplace logs shall be burned in a fire pit.
(f) All fires in a fire pit must be supervised at all times by an adult 19
years of age or older.
(g) At any time, a fire is burning, extinguishment capabilities and
resources must be in the immediate vicinity of the fire pit.
(h) Smoke from the fire pits shall not create a nuisance to other
properties.
(i) Any fire in a fire pit must be extinguished immediately if direction
to extinguish the fire is given by a member of the Fire Department,
RCMP Officer or Bylaw Officer. Violation of this section will result
in a fine as per the Ticket Information Utilization Bylaw.
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17.0
FOREST FIRE PREVENTION
17.1
Industrial activities as defined in the Wildfire Act and Wildfire Regulation
conducted in Area "A" within the City of Terrace will be carried out in
accordance with the Wildfire Act and Wildfire Regulation. (Schedule A)
17.2 The lighting, fuelling or use of open fire in Area "A" within the City of Terrace
is not covered by this bylaw and will be governed by the Wildfire Act and
Regulation. "Open fire" will be defined as per the Wildfire Regulation.
18.0
SMOKING
18.1
Where conditions are such as to make smoking a fire or explosion hazard the
Fire Chief or his designate shall order the owner or occupier in writing to post
approved "No Smoking" signs where smoking shall be prohibited and shall
designate specific safe locations in which smoking may be permitted. It is an
offence where the owner/occupier fails to post signs.
18.2
Signs prohibiting smoking shall have black lettering not less than 50 mm high
with a 12 mm stroke on a yellow background, except that symbols of not less
that 150 mm by 150 mm are permitted to be used in lieu of lettering.
18.3
It shall be unlawful for any person to remove any legally required "No
Smoking" signs or to smoke in any place where such signs are posted.
19.0
FIRE ALARM SYSTEMS
19.1
The owner of a fire alarm system shall be responsible for the proper use,
maintenance, and operation of such system, on or in real property. To ensure
the prevention of false alarms, the fire alarm system shall be installed by a
Licensed Fire Alarm Company, and regularly inspected and maintained by a
Certified Fire Alarm Service Technician.
19.2
For every third and subsequent occurrence of a false alarm in any calendar year
to which the City of Terrace Fire Department responds a fine will be charged
according to the Ticket Information Utilization bylaw.
20.0
FIREWORKS
20.1
Consumer fireworks are low-hazard firework articles designed for recreational
use by the public. These articles include items such as roman candles,
sparklers, fountains, wheels, volcanoes, mines, and snakes. The Explosives Act
sets out the requirements and guidelines for activities involving all explosives,
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including the manufacture, storage, and sale of explosives, as well as the use
of fireworks.
20.2
No person shall sell fireworks, except between the 29th and 31st day of October
in any year. Unless otherwise authorized, the only day to set off fireworks will
be October 31 in any year. Only Consumer fireworks are allowed to be sold and
set off during this time period. Violation of this section will result in a fine as
per the Ticket Information Utilization Bylaw.
20.3
No person shall explode any fireworks on any highway, road, street, lane,
bridge, or other public place unless specifically authorized to do so by the Fire
Chief of the City of Terrace. Violation of this section will result in a fine as per
the Ticket Information Utilization Bylaw.
20.4
No fireworks may be sold to any person under 19 years of age. Violation of this
section will result in a fine as per the Ticket Information Utilization Bylaw.
20.5
The storage of fireworks and the display of fireworks for sale shall conform to
the requirements of the Canadian Explosives Act, R.S., 1985, c. E-17 amended
by 1989, c.3. as explained in the Consumer Fireworks Retail Package -
developed by Natural Resources Canada. This information package was
developed to provide consumer fireworks retailers with guidance on selling
consumer fireworks in their store. It provides general information related to
the sale, storage, and transportation of consumer fireworks in accordance
with the Explosives Act and its Regulations. Violation of this section will
result in a fine as per the Ticket Information Utilization Bylaw.
20.6
Notwithstanding the provisions of this Bylaw, fireworks may be sold to and
discharged by any person or organization conducting a public display if such
public display is held with the written permission of Council and the written
permission of the Fire Chief or his designate in the City of Terrace. For each
permit, the applicant shall pay a fee as per Schedule B.
21.0
REMOVE FIRE HAZARD AND SECURE BUILDINGS
21.1
Any owner or occupant of real property in the City of Terrace shall remove any
matter or thing situated in or on any building or premises which he owns or
occupies, which in the opinion of the Fire Chief, is a fire hazard or increases the
danger of fire.
(a) No owner or occupant shall allow a property to accumulate noxious
waste, yard and garden waste, land clearing debris or any other
material liable to catch fire. The Fire Chief or Member may order the
owner or occupant of a property to remove and dispose of any
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accumulation of noxious waste, yard and garden waste, land clearing
debris or any other material liable to catch fire from the property.
(b) If an Owner or Occupant fails to comply with an order issued pursuant
to the above section, the Fire Chief or a Member may cause the
removal and disposal of any accumulation of noxious waste, yard and
garden waste, land clearing debris or any other material liable to
catch fire at the sole cost and expense of the owner or occupant
subject to the order and will pay a fee as per Schedule B, and may
also be given an additional fine as per the Ticket Information
Utilization Bylaw.
21.2
Any owner of any unoccupied building shall, at all times, ensure that the
premises are free from debris and flammable substances and shall keep all
openings in such a building securely fastened so as to prevent the entry of
unauthorized persons.
(a) If a Member finds a Building that is accessible contrary to Section
21.2, the Member may order the Owner of the Building to secure the
Building against unauthorized entry. If an Owner fails to secure the
Building against unauthorized entry within twenty-four (24) hours of
receiving notice to do so, or if the Member is unable to contact the
Owner within twenty-four (24) hours of finding the unsecured
Building, the Member may secure or cause to be secured the
Building in a manner he deems appropriate at the sole cost and
expense of the Owner or occupant subject to the order and will pay
a fee as per Schedule B and may also be given an additional fine as
per the Ticket Information Utilization Bylaw.
21.3 The owner of any fire damaged building shall be ordered to ensure that the
premises are guarded or that all openings in the building are kept securely
closed and fastened to prevent the entry of unauthorized persons.
(a) If an Owner fails to provide the necessary security to a fire-damaged
building within the time directed by the Fire Chief, or any Member
authorized by the Fire Chief, the Fire Chief or authorized Member
may cause the work required pursuant to section 21.3 to be
conducted by employees, agents or contractors of the City, at the
sole cost and expense of the Owner or occupant will pay a fee as per
Schedule B, and may also be given an additional fine as per the
Ticket Information Utilization Bylaw.
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22.0 POST-INCIDENT WATCH
22.1 After an Incident has occurred, the Fire Chief, and any Member authorized by
the Fire Chief, may require that one or more Members, with or without
Apparatus, remain at the Incident site to provide a post-Incident watch for a
period of time the Fire Chief or authorized Member deems necessary to
secure the property against further Incident.
22.2 The Owner of a property subject to a post-Incident watch pursuant to section
22.1 shall pay to the City the fee as per Schedule B of this bylaw.
23.0 DEMOLITION
23.1 The Fire Chief, and any Member authorized by the Fire Chief, may order the
damage, destruction or demolition of any building, part of a building,
structure, equipment, or other private property, as may be necessary to
extinguish, suppress or prevent the spread of fire or prevent the potential
collapse of a building resulting from an Incident.
23.2 None of the City, the Fire Department or any of their elected or appointed
officials, officers, employees, or Members shall be obligated to restore or pay
compensation for property damaged, destroyed, or demolished pursuant to
section 23.1.
23.3 Within 30 days of destructing or demolishing a building pursuant to section
23.1, the Fire Chief, or Member authorized by the Fire Chief, shall provide
notice of the destruction or demolition to the City's Chief Building Official.
23.4 If the Fire Chief or other Member arranges for damage, destruction, or
demolition pursuant to section 23.1, the Owner of the property subject to
such services shall pay to the City the fee as per Schedule B of this bylaw.
24.0 LIABILITY FOR DAMAGES
24.1
This Bylaw shall not be construed to hold the City of Terrace nor its authorized
agent or agents responsible for any damage to persons or property by reason
of:
(a) Inspections authorized by this Bylaw, or
(b) The failure to carry out an inspection, or
(c) A permit issued as herein provided,
(d) The approval or disapproval of any equipment authorized herein.
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25.0
ENFORCEMENT AND PENALTIES
25.1
This Bylaw may be enforced by means of a municipal ticketing information
system. Every Person who violates a provision of this Bylaw, or who consents,
allows or permits an act or thing to be done in violation of a provision of this
Bylaw, or who neglects to or refrains from doing anything required to be done
by a provision of this Bylaw is guilty of an offence.
25.2
Each day that an offence against this bylaw continues shall be deemed a
separate and distinct offence.
25.3
Every person who commits an offence is liable on summary conviction to a fine
of not less than one hundred dollars ($100) and not more than fifty thousand
dollars ($50,000) and the cost of prosecution.
26.0
REPEALING CLAUSE
26.1
Terrace Fire Prevention Bylaw No. 1365-1994 and all amendments thereto are
hereby repealed.
27.0
CITING CLAUSE
27.1
This Bylaw may be cited as "Terrace Fire Prevention Bylaw No. 2260-2022".
READ a first time this 22nd day of August, 2022.
READ a second time this 22nd day of August , 2022.
READ a third time this 22nd day of August, 2022.
ADOPTED this 26th day of September, 2022.
____________________________________
Mayor
____________________________________
Clerk
City of Terrace
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Bylaw No. 2260 - 2022
SCHEDULE "A"
Area Map
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Bylaw No. 2260 - 2022
SCHEDULE "B"
Terrace Fire Department Permit and Fees
Permit Fees
Charge
Section
Permit for Storage Tank installation and Removal
$100.00
9.1
Permit to install, operate or modify a refinery or bulk plant
$100.00
10.3
Permit for service station storage tanks and pumps
$100.00
11.1
Permit for installation or removal of storage tanks at farms
and construction sites
$100.00
11.2
Permit to install, operate, modify a propane filling station,
Refill Centre, Filling Plant and or Bulk storage tank
$100.00
12.3
Burning Permit
$100.00
15.6
Permit for public display of fireworks
$250-$500
20.6
Fee for equipment needed
Costs of City and/or
Contractor plus 10%
4.3.1 (b)
Fee for Demolishing
Costs of City and/or
Contractor plus 10%
4.3.1 (c)
Fee to investigate fires over $5000.00 loss
$500 (first three hours);
cost recovery to
include fire services
fees for apparatus and
equipment. Staff rates
as per current
collective agreement.
Miscellaneous cost
recovery for evidence
testing, additional
contractor fees if/when
required, plus 10%
5.1
Fee for securing premises during investigation
Cost of City and/or
Contractor plus 10%
5.1.1
Re-Inspection Fee
$200.00-$1,000.00
6.4.2
Fee for removal and disposal of any accumulated
combustible waste
Cost of City and/or
Contractor plus 10%
6.5.7
Fee to provide Fire Watch
Costs of City and/or
Contractor plus 10%
7.3.1
Fee for cleanup and safe transport and disposal of dangerous
goods at an incident site
Costs of City and/or
Contractor plus 10%
13.4 (a)
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Fee for equipment replacement and decontamination costs
associated with dangerous goods incident
Costs of City and/or
Contractor plus 10%
13.4 (b)
Re-Inspection Fee for not meeting conditions of fire permit
$200.00
15.6 (c)
Fee to extinguish or control outdoor fire
Costs of City and/or
Contractor plus 10%
15.7.1
Fee to provide security for a fire damage building
Costs of City and or
Contractor plus 10%
21.3 (a)
Fee to remove fire hazard- removal costs
Costs of City and or
Contractor plus 10%
21.1 (b)
Fee to secure unoccupied building
Costs of City and or
Contractor plus 10%
21.2 (a)
Fee for post-incident watch
Costs of City and or
Contractor plus 10%
22.2
Fee demolition, damage, destruction
Costs of City and or
Contractor plus 10%
23.4