Tumbler Ridge, British Columbia
· No. 680
· adopted 2019-12-09
· summary & facts
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DISTRICT OF TUMBLER RIDGE
BYLAWNo. 680, 2019
A Bylaw to Establish
a Municipal Fire Department
and to Regulate
Fire Protection,
Prevention
and Life Safety.
WHEREAS the Municipality may, by bylaw, establish and operate a Municipal Fire Department;
AND WHEREAS, Council may, by bylaw, regulate Fire Prevention Protection and Control
Services.
NOW THEREFORE the Council of the District of Tumbler Ridge, in open meeting assembled,
enacts as follows:
CITATION
1.
This bylaw may be cited as the "District of Tumbler Ridge Fire Protection Bylaw No. 680,
2019.
REPEAL
2.
District of Tumbler Ridge Fire Services
Bylaw No. 573, 2011 and its amendments
are
hereby repealed.
INTERPRETATION
3.
In this bylaw:
"Accessory
Building"
means any building or structure that is used in conjunction with
the principal building,
but cannot be used as a principal building, and is located on the
same lot;
"Administrator"
means
the
person
appointed
from time
to time
as
the
Chief
Administrative Officer of the Municipality;
"Alarm" means the giving, signalling ortransmission
to any public fire hall or fire dispatch
or company or to any officer or employee thereof, whether by telephone,
spoken word or
otherwise, of information to the effect that a fire or emergency situation exists at or near
the place indicated by the person giving, signalling or transmitting such information;
"Apparatus"
means
any vehicle
provided with machinery,
devices,
equipment,
or
"Building
Code" means British Columbia Building Code as amended from time to time;
"Bylaw
Enforcement
Officer" means every person designated
by Council as a bylaw
enforcement officer for the District, and every peace officer;
"Canadian
Standard"
means
the performance
testing
of solid-fuel-burning
stoves,
inserts, and low-burn-rate factory-built fireplaces using respective standards
published by
the Canadian
Standards Association as amended from time to time;
"Certified Wood Burning
Appliance"
means a solid-fuel-burning
appliance that bears a
certification mark certifying conformity with the Canadian
Standard;
"Cost
Recovery"
means the method the District may use to recover any costs and
expenses
of and incidental to the taking of certain measures pursuant to this Bylaw;
"Council"
means the duly elected Council ofthe District of Tumbler Ridge;
"Director
of Operations
and Infrastructure"
means the person duly appointed as such
from time to time by Council and includes any person appointed or designated
by the
Director to act on his behalf;
"District"
means the Corporation of the District of Tumbler Ridge;
"Emergency"
means
any situation where there
exists
a potential hazard
to life or
property, requiring immediate action;
"False
Alarm" means the activation of an alarm system resulting in the direct or indirect
notification of the Fire Department to attend the address of the alarm system, where there
is in fact no emergency situation at that address;
"Fire Alarm System"
means all equipment forming part of or used in connection with a
fire alarm system or fire detection system,
including without limitation, batteries,
alarm
gongs, horns, buzzers, switches, wiring, relay device, sensors,
and other accessories;
"Fire Chief" means the person appointed from time to time as the Director of Protective
Services
and Chief of the Fire Department
of the Municipality or an officer, member or
inspector authorized by the Fire Chief to act on his behalf;
"Fire Code"
means the British Columbia Fire Code as amended or replaced from time to
time;
special extinguishing systems,
portable extinguishers,
water supplies for fire protection,
standpipe and hose systems,
fixed pipe fire suppression systems in commercial kitchen
exhaust
systems,
smoke control measures,
emergency
lighting and emergency
power
installations;
"Fire Protection
Technician"
means a person who has provided the Fire Department
with acceptable
documentation demonstrating
they are qualified to perform inspections
and testing
on fire extinguishers, fire alarm systems,
sprinkler systems,
or other fire
protection equipment;
"Fire Safety Plan" is a set of emergency procedures and guidelines to be followed in the
event of a fire in a building as set out in Division B, Section 2.8.2 of the Fire Code;
"Garbage"
means any household and commercial waste or refuse;
"Incident" means any situation that presents a danger or possible danger to life, safety,
health,
the natural environment
or property
and to which the Fire Department
has
responded;
"Incident Command"
means the most senior officer at an incident. In the event that an
officer is not in attendance
at an incident the most senior member in attendance
at that
incident willassume Incident Command;
"Noxious Material" includes tires, plastics, rubber products, demolition and construction
wastes,
special waste as defined in the EnvironmentalManagement
Act, animal organic
waste,
vegetable
waste,
food waste,
biomedical waste,
waste
petroleum
products,
chemically treated
paper
and cardboard
or any Prohibited Material as identified
in
Schedule A of the Open Burning Smoke Control Regulation;
"Occupant"
includes any 'owner' and 'occupier' of any parcel of real property or part
thereof, as defined in the Community Charter,
"Officer"
means the Fire Chief, Deputy Fire Chief, Captain, Lieutenant, Safety Officer, or
any member designated by the Fire Chief to act in the capacity of an officer;
"Open Burning"
means the combustion in the open air of yard and garden waste,
land
clearing
debris, or any other material, including burning of any of these
materials
in a
container,
but does not include recreational
fires, the combustion of gas, propane, or
charcoal in a barbecue or hibachi for the purpose of cooking food;
"Peace
Officer"
includes a member of the Royal Canadian
Mounted Police, an officer
with the Fire Department,
any District bylaw enforcement officers or any other person
employed for the preservation
and maintenance
of the public peace.
free standing fire place or fire bowl;
"Premises"
including the whole or any part of a parcel of real property and any buildings
or structures on the property;
"Public
Building"
means any structure, exclusive of a private single family dwelling, used
or intended for supporting
or sheltering any use or occupancy to which the public is
admitted, and including factories within the meaning of the Factory Act, warehouses,
stores, mills, schools, hospitals, theatres,
public halls or offices but does not include mine
properties;
"Recreational
Fire" means the burning of wood for recreational purposes in a permanent
barbeque,
fire pit, outdoor fire place or portable manufactured fire pit not larger than 1
metre in diameter that is designed and constructed to confine the fire and is suitable for
such a purpose , or within a fully enclosed burner or similar device;
"Solid-FueI-Burning
Appliance"
means a piece
of equipment
which burns biomass
fuels and is intended to supply heat to air or water or for cooking purposes.
It includes
furnaces,
boilers,
stoves,
ranges, space
heaters,
factory-built fireplaces,
and service
water
heaters.
It does
not
include incinerators,
site-built
fireplaces
or process
equipment.
"Sprinkler
System"
includes all equipment forming part of or used in connection with a
fire sprinkler system,
including without limitation, all heads,
valves,
piping, switches,
sensors,
relay apparatus, and other accessories;
"Yard and Garden Waste" means grass, foliage, pruning's, weeds, crops, stumps and
stubble;
And all other words and phrases
shall be construed in accordance
with the meaning
assigned to them by the current Building Code, the Fire Services Act or the Fire Code,
as the context and circumstances
may require.
FIRE CODE
4.
Pursuant to Section 15 of the Community Charter, the Council adopts and establishes
the Fire Code for the Municipality. The provisions of the Fire Code adopted and
established are made part ofthis Bylaw and shall be considered as provisions of this
Bylaw.
5.
Any person who contravenes,
violates or fails to comply with a provision of the Fire
Code commits an offense under this bylaw.
FIRE DEPARTMENTADMINISTRATION
8.
10.
11.
12.
13,
The Tumbler Ridge Fire Department
and the position of Fire Chief as the head of the
Department are continued;
The Fire Chief shall be appointed by a resolution of Council;
The Fire Chief shall:
(a)
(b)
(C)
(d)
(e)
(f)
(9)
Report to the Administrator;
Oversee
the provision of services for the protection of the lives and property in the
District from fire hazards;
Administer the Fire Department;
Establish a complement of volunteer firefighters;
Establish and maintain a program of training in rescue and fire suppression
for all
members;
Direct and control the members of the Fire Department
by direct intervention or
through appointed subordinate
supervisory staff, subject to the Fire Department
Act.
Represent the Protective Services department on the District Occupational
Health and Safety Committee and willhold monthly safety meetings with
firefighters in accordance with the requirements
of WorkSafeBC
The Fire Chief may make rules and regulations
for the proper administration and
operation of the Fire Department,
and for the discipline of its members,
and alter or
repeal them from time to time as he thinks necessary,
and include them in a manual of
policies, general rules and standard operating procedures
and operational guidelines.
The Fire Chief is hereby authorized to administer this bylaw.
The rank structure of the Fire Department,
in descending
order shall be as
follows:
(a)
Fire Chief;
Deputy Fire Chief;
Captain;
Lieutenant;
14.
'15.
16'
17.
The Tumbler Ridge Fire Department
shall be responsible for:
(a)
Suppression of alltypes of fires within Area A, as defined in Schedule A in addition
to the heavy industrial park (Schedule B) and other District properties which may
not be defined,
(b)
Suppression
of all types of fires within Area B, as defined in Schedule C, where
assistance
has been requested or mutual aid or Working agreements
have been
established,
(c)
Fire cause and determination,
(d)
Fire inspection activities including commercial inspections when required,
residential inspections when requested and pre--fireplanning,
(e)
Fire prevention activities including fire and life safety education,
(f)
Medical First Responder response,
(9)
Inter-agency response with BCEHS, TR RCMP, TR SAR, STARS, or any other
requesting groups,
(h)
The rescue of persons from potentially dangerous
situations in which members
have been trained including motor vehicle incidents, confined space rescue,
and
low-to-steep embankment rescue.
(i)
The identification and mitigation of hazards caused by dangerous
goods based on
the product and to a National Fire Protection Association "Operations" level when
necessary.
The Fire Chief and Officers
may enforce the Fire Code and any District bylaws and
regulations for the prevention and suppression of fires. The Fire Chief and Officers may
exercise the powers provided by the Fire Services Act when necessary.
Where the Fire Department
has responded to a fire call or an Incident for the purpose
of preserving life or property from injury or destruction, including any such action taken
by responding to a False Alarm, the District may, in respect of any costs incurred by
the Fire Department
in taking such action, charge those costs so incurred by the Fire
Department
to the owner of the Premises
or the Person
in possession of the Premises
where the Incident occurred. That charge may be collected as a Cost Recovery
charge
pursuant to section 103.
The Fire Chief or Incident Command
is responsible for and is in full command of a fire
19.
20.
21.
22.
23.
24.
25.
26.
(a)
Immediately take the steps he thinks advisable to remove the hazard or risk,
(b)
Cause people to be removed from the area,
(c)
Order the evacuation of the building or area,
(d)
Call upon the police to assist and to provide security to the evacuated area.
The Fire Chief or Incident Command
at a fire is authorized to order the demolition of a
Building or part of it in order to prevent injuryor damage
to Persons
or property or the
spreading of the fire,
The Fire Chief or Incident Command
is authorized to respond outside of the District
of Tumbler Ridge municipal boundaries with the appropriate fire/rescue
apparatus
and
personnel to motor vehicle incidents, wildland fires, and medical emergencies.
The owner of a fire damaged or otherwise unsafe building shall ensure that the Premises
are guarded or kept securely so as to prevent the entry of unauthorized Persons.
Ifnot
complied with, the Fire Chief or Designate may issue a Municipal Ticket (MTl). The MTI
fine is specified in Municipal Ticketing Information Bylaw No. 560, 2011, or as amended
from time to time.
The Fire Chief or any
other Officer
in charge
of an Incident
is empowered
to
commandeer
any
personnel
and
privately owned
equipment,
which is considered
necessary
to deal with an Incident.
The owner or occupant
of the property on which the incident occurs may, in the Fire
Chief's
discretion,
be held
responsible
to
pay the
charges
associated
with the
commandeering
of equipment.
The Fire Chief or Incident
Command
in charge at an Incident
may enter upon any
lands, structure,
and Buildings,
including using forcible entry if no other immediate
means of access
is available,
for the purpose of attending to any fire, smoke alarm,
smoke or heat detector, medical or other Emergency.
The District of Tumbler Ridge
will not be held liable for any costs associated with the use of forcible entry.
During an Incident on a Premise
for which the Fire Department
has received notice of
contact persons, a contact person for that Premises
must attend the scene,
and contact
the Officer
in charge
of the Incident.
At the conclusion of the Incident,
the contact
person shall secure the Premises
and when appropriate, release
fire companies
from
the Incident.
At an incident the Fire Chief or Incident Command
may, at their discretion, establish
28.
or a member,
nor shall any person refuse to move from such designated
area when
directed to do so by a police officer or member.
All persons at or near any incident shall obey all traffic control directions given by a police
officer or member.
FIRE PROTECTION AND LIFE SAFETY
29.
30.
31.
32.
33.
34.
35.
No Person
shall construct or alter a Building that does not conform to the Life Safety &
Fire Safety regulations contained in the Building Code and the Fire Code.
Each Occupant
of a Building
or Premises
must ensure the Fire Alarm System,
Sprinkler
System, fire extinguishers and emergency lighting are maintained and tested
as required by the Fire Code
by a Fire Protection
Technician.
If not complied with,
the Fire Chief or Designate may issue a MunicipalTicket (MTI).
Records of service testing and maintenance
of a Fire Alarm System
or Sprinkler
System
must be retained at the Building
or Premises
to which they pertain by the
owner of that Building or Premises.
If not compiled with, the Fire Chief or Designate
may issue 3 Municipal Ticket (MTI).
When an Officer or a Firefighter attends a premise
where a Fire Alarm System
or a
Sprinkler
System
has been activated without proper cause,
resulting in a False Alarm,
the Occupant
and Building Manager
of the Premises
must immediately correct the
deficiencies
and provide a fire watch where deficiencies are unable to be corrected.
If
the Occupant
fails to correct those deficiencies,
the Fire Chief or Designate may issue
a Municipal Ticket (MTI). .
Any Occupant
of Premises
where there is an automatic Sprinkler
System
or a Fire
Alarm System
must notify the Tumbler Ridge Fire Department and the their monitoring
provider
prior to any service,
test,
repair,
maintenance,
adjustment,
alteration or
installation of that system which might activate a False Alarm.
The owner or Occupant
of any Building containing an Automatic Sprinkler
System
or
a Fire Alarm System
may be assessed
a charge as a Cost Recovery
charge pursuant
to section 73 for any False Alarm that occurs when the owner or Occupant
fails to notify
the Tumbler Ridge Fire Department
and their monitoring provider prior to service,
testing, repair, maintenance,
adjustment or alterations,
or installation of that system.
The owner of every business
must provide and maintain in good working order at least
one approved
portable fire extinguisher,
available and accessible for emergency
use.
The fire extinguisher must comply with the Fire Code,
Allfire extinguishers
must be
tested
and serviced at least yearly by a Fire Protection
Technician.
if not complied
37.
38.
39.
40.
41.
42.
43.
44.
efficient working order.
if not complied with, the Fire Chief or Designate
may issue a
Municipal Ticket (MTI).
All chimneys,
flues, or stacks and all pipes, caps or connections used in connection
therewith shall be kept and maintained in good order at all times, and the Fire Chief may
order them to be cleaned if, in his opinion, a fire may be caused or the danger of one is
increased because
of their dirty condition. According to the British Columbia Fire Code,
deposits of soot or creosote shall not be permitted to accumulate so that it causes a fire
hazard.
In the event of a chimney fire, the District may charge the owner of the property
on which the fire starts for the cost incurred by the District to extinguish the fire, as a
Cost Recovery
charge as pursuant to section 103.
The owner of any vacant Building in the municipality shall at all times keep the Building
free from debris and flammable material and shall keep all openings
in the Building
securely fastened and closed so as to prevent the entry of unauthorized persons.
If not
complied with, the Fire Chief or Designate may issue a Municipal Ticket (MTI).
The owner of any vacant lot in the municipality shall protect all gas services (including
gas lines, gas meters, gas fixtures, etc.) on that property from any mechanical damage.
If not complied with, and a gas service is damaged, the District of Tumbler Ridge may
charge the owner of the property for the cost incurred by the District of Tumbler Ridge
to respond to that emergency as a cost recovery charge as pursuant to section 103.
No Person
shall sit, stand, place or leave any article, thing or matter in such a manner
as to interfere with the means of egress or access within or outside any Building
or
Premises.
Ifnot complied with, the Fire Chief or Designate may issue a Municipal Ticket
(MTI).
To allow for the access
of emergency
vehicles,
no Person
may block or obstruct
Building access routes at any time. lfthe requirements
in this section are not complied
with, the Fire Chief or Designate may issue a Municipal Ticket (MTI).
No Person
shall drive, push or pull a vehicle of any kind over a fire hose or fire
equipment.
If not complied with, the Fire Chief or Designate
may issue a Municipal
Ticket (MTl).
No Person
shall tamper with, remove, destroy,
render inoperative or interfere with any
Fire Protection
Equipment
or part thereof,
which is provided for the protection
of
property or Persons,
whether public or private.
If not complied with, the Fire Chief or
Designate may issue a Municipal Ticket (MTI).
No Person
shall activate a fire alarm except when there is a fire, or for testing purposes.
If not complied with, the Fire Chief or Designate may issue a Municipal Ticket (MTI).
46.
No Person
shall use or allow to be used a standpipe
or hydrant, or affix a hose to a
standpipe
or hydrant without permission from the
Fire Chief or the
Director
of
Operations
and Infrastructure.
If not complied with, the Fire Chief or Designate may
issue a Municipal Ticket (MTI).
47.
No Person
shall allow a vehicle or other thing to obstruct a fire lane or access
to a
hydrant or standpipe.
if not complied with, the Fire Chief or Designate
may issue a
Municipal Ticket (MTl).
48.
No unauthorized Person
shall park a vehicle in the prohibited area at the Fire Hall. Ifnot
complied with, the Fire Chief or Designate may issue a Municipal Ticket (MTl).
49.
Where there is a contravention
of section 47 or 48 the Fire Chief may have the
obstructing vehicle or object removed at the owner's expense.
50.
For the purpose of sections 47 and 48, the owner of a motor vehicle shall be held liable
for any violation ofthis bylaw and "owner"shall include a person in possession
of a motor
vehicle under a contract and in whose name alone the motor vehicle is registered.
51,
All District Hydrants shall be painted RED and be kept clear of growth and debris,
52.
An Occupant
must, with respect to private fire hydrants on their Premises:
(a)
Not less than once a year have all components of the hydrant inspected, serviced
and tested,
in accordance
with the British Columbia Fire Code,
by a Fire
Protection
Technician
and submitted to the Fire Department;
(b)
Retain records of inspections and maintenance required for a least three years;
(c)
Notify the Fire Department
of all repairs to hydrants;
(d)
Wrap all hydrants which are out of service for repair, or not yet in service,
with
burlap, black polyethylene plastic sheeting or by other means agreeable to the Fire
Chief;
(e)
Keep hydrants clear of ice, snow, shrubs, trees, structures and other obstructions
and clearly identify their locations;
(f)
Paint hydrants the same colour scheme as the District hydrants;
(9)
Ensure that no Person
places or leaves any vehicle, article, thing or matter in such
a manner as to interfere with free access or approach to any hydrant or other Fire
Department
connections.
54.
55.
56.
57.
their Fire Safety
Plans annually and submit updated plans to the Fire Department
for
review.
Should Occupants
not need
to update
their current
Fire
Safety
Plan,
notification non--updatemust still be forwarded to the Fire Department.
Changes
to Fire
Safety
Plan must be submitted to the Fire Department
for review. if not complied with,
the Fire Chief or Designate may issue a Municipal Ticket (MTI).
An owner or occupier of a building or structure must ensure that the civic address for the
property at which the building or structure is located is posted so as to be clearly visible
from the road using numbers that shall be a minimum of 7.63 millimetres (3 inches) in
height and of a colour that contrasts with the surface that they are mounted.
The owner or occupier of a commercial or multi-residentiaiuse property shall ensure that
the unit number for each individual unit within a commercial or multi-resiclentiai use
property are posted in a visible location at the entry to each unit, using numbers that
shall be a minimum of 7.63 millimetres (3 inches) in height and of a colourthat contrasts
with the surface that they are mounted.
Vehicles used for the transportation of dangerous goods shall not be parked in
residential areas or within 23 metres (75 feet) of any public or institutional building
which shall include, but is not limited to, any hotel, theatre,
restaurant
or school.
ifthe requirements
in this section are not complied with, the Fire Chief or Designate may
issue a Municipal Ticket (MTI).
FIRE INSPECTIONS
58.
59.
60.
61.
The Fire Chief and Bylaw Enforcement
Officers
may enter, at all reasonable times,
on any property subject to this Bylaw, to ascertain whether the requirements
of this
Bylaw, the Fire Code or any orders issued pursuant to this Bylaw or the Fire Code are
being observed or to carry out testing required or authorized by this Bylaw.
inspections in accordance
with section 58 shall be conducted
on an annual basis for all
buildings containing
commercial occupancies
as well as high risk home
based
or
residential business occupancies.
The Fire Chief is authorized to inspect
Premises,
including private dwellings, in the
District for conditions which may cause a fire or increase the danger of a fire, or increase
the danger to Persons
from fire.
No Person
shall obstruct or interfere with the performance by the Fire Chief or any other
Person
of any function the Fire Chief or that other Person
is authorized to carry on
underthis Bylaw. Ifnot complied with, the Fire Chief or Designate may issue a Municipal
Ticket (MTI).
63.
64.
65.
66.
67,
68.
69.
Every Occupant
of a Premise
must
provide all information and
must
render
all
assistance
required by an Officer
in connection with the inspection of such premises
pursuant to this Bylaw, the Fire Code and the Fire Services Act. If not complied with,
the Fire Chief or Designate may issue a Municipal Ticket (MTI).
No Person
shall purposely withhold or falsify any information required by an Officer or
in connection with a permit issued under this Bylaw or refuse to assist in the carrying out
of any inspection pursuant to the Bylaw, the Fire Code or the Fire Services Act. if not
complied with, the Fire Chief or Designate may issue 3 Municipal Ticket (MTI).
An Officer
is hereby authorized and empowered
to issue remedial orders in writing
requiring the correction or removal of any condition or thing in or about any Building or
Premises
or property which is in contravention of this Bylaw, and every Occupant
or
that Building or Premises
or property shall carry out of every requirement of that order.
if not complied with, the Fire Chief or Designate
may issue a Municipal Ticket (MTI).
Every order issued by an Officer pursuant hereto must state a date by which the order
shall be carried out, which date must, in the discretion of the issuing Officer,
have regard
to the degree of urgency involved in correcting or removing conditions which may tend
to increase the hazard of fire or danger to life and property.
If there are any violations under the Fire Code,
Fire Services
Act or this bylaw while
performing a fire inspection, an Officer willwrite an order requesting that the violations
be corrected within a defined
time period and will advise of a return date for a
re--
inspection to ensure that the corrections are made.
Ifthe Occupant
has not complied
with the order, upon the re-inspection a subsequent
order will be written requesting any
continuing violations be corrected within a defined time period and willadvise of a return
date for a re-inspection to ensure that the violations are corrected.
Ifthe order from the
re-inspection has not been complied with after the second re--inspection,a fee may be
charged for that re-inspection and each additional re-inspection if required.
The charge
is subject to Cost Recovery
in accordance
with section 103.
The Occupant
of a Building
or Premises
having either a Fire Alarm System
or an
automatic Sprinkler
System,
whether monitored or not monitored, must provide the Fire
Department,
yearly and on a change
in contact information,
the names and phone,
cellular phone, pager and beeper numbers, as available, for three persons who will be
available to attend,
enter
and secure the Premises
in case of Alarm or Incident.
Contact persons must have full access to the Building or Premises
of which they have
responsibility and be able to take control of the Building or Premises
on completion of
the Incident from the fire company. Any changes to designated contact persons or their
contact numbers during the current year must be submitted to the Fire Department.
Failure to comply with the requirements
in section 68 will result in a charge being levied
70.
A contact person must attend all alarms within 15 minutes when requested by the Fire
Department.
FIRE INVESTIGATIONS
71.
72.
The Fire Chief shall be designated as the Local Assistant to the Fire Commissioner as
per section 6 of the Fire Services Act.
The Fire Chief shall conduct fire cause and origin investigations for all incidents required
under the Fire Sen/ices Act or the Office of the Fire Commissioner;
SOLID FUEL BURNINGAPPLIANCES
73.
74.
75.
76.
Any Solid-FueI-Burning
Appliance
installed in the District
of Tumbler Ridge must
comply with the manufacturer's installation instructions as well as the British Columbia
Building
Code,
the British Columbia Fire Code and CAN/CSA B36547
or as amended
from time to time.
All Solid-FueI-Burning
Appliances
installed or replaced in the District of Tumbler
Ridge require an inspection by the Fire Chief or designate
before use.
No Person
shall operate
a Solid-Fuel-Burning
Appliance
in such a manner as to
discharge air contaminants that are likelyto cause or signi?cantly contribute to the cause
or injury or damage
to human
health, plant or animal life or property, or so as to
unreasonably
interfere with the enjoyment of life or property.
Ifthe requirements
in this
section are not complied with, the Fire Chief or Designate may issue a Municipal Ticket
(MTI).
No Person
shall install or replace an existing Solid-FueI-Burning
Appliance
in or about
any Premises
unless the appliance meets the particulate emission requirements
of the
Canadian
Standard
or the US Standard.
If not complied with, the Fire Chief
or
Designate may issue a Municipal Ticket (MTI).
OPENING BURNING
77.
78.
No Person
shall start or maintain, or permit or cause to be started or maintained any
Open Burning
in the District except under special circumstances
granted by permit in
writing by the Fire Chief. Ifnot complied with, the Fire Chief or Designate may issue a
Municipal Ticket (MTI).
An applicant for an Open Burning permit under this section shall provide the following
information to the Fire Chief:
79.
80.
81.
82.
83.
Subject to section 78 if the Fire Chief is satisfied that the burning can be safely carried
on, he/she
shall issue a permit for it, but may impose conditions
he/she
considers
necessary
to ensure the burning is safely carried on without getting out of control or
causing damage.
Without limitingthe conditions that may be imposed underthis section,
the Fire Chief may impose a condition prohibiting the burning from being conducted
except in a burn pit or burning receptacle acceptable to him/her.
The holder of a permit under this section shall:
(a)
Ensure that a competent Person
is in charge
of the fire while it is burning or
smouldering, and until it is completely extinguished and shall ensure that Person
has sufficient tools and equipment to effectively prevent the fire from getting out of
control, becoming dangerous
or causing damage,
and
(b)
Comply with any conditions imposed by the Fire Chief under this section.
Applications for permits under section 77 shall be made at the Fire Hall.
The Fire Chief may revoke a permit issued under section 77 at any time for cause.
Recreational
Fires are permitted in a permanent outdoor fire place, barbecue or fire
pits. Recreational
Fires must:
(a)
Be on private property or public property where authorized;
(b)
Not be larger than 1 metre in diameter;
(c)
Be three (3) metres
from combustible materials and, or Buildings
and clear of
overhanging materials such as trees;
(d)
Be dug down to the mineral soil;
(e)
Be contained by a non-combustible barrier;
(f)
Be continually attended by an adult until completely extinguished;
(Q)
Have a means of extinguishment
such as a shovel, charged hose or 8 litres of
water nearby;
(h)
Not have material piled in excess of 60 cm in height.
(i)
Portable Manufactured
Fire Pits shall be permitted provided they meet all of the
criteria for Recreational
Fires,
but rather being permanently located, they must
all
If the requirements
in this section are not complied with, the Fire Chief may issue a
Municipal Ticket (MTI).
84.
The Fire Chief may, by notice published or broadcast or both, designate areas that he
considers unsafe for open air fires and while a designation under this section is in effect,
no Person shall, within any area so designated, start or maintain, or permit or cause to
be started or maintained any fire, including Recreational Fires, in the open air. If not
complied with, the Fire Chief may issue a Municipal Ticket (MTI).
85.
No Person
shall start or maintain a fire where a reasonable person would know:
(a)
That the wind is strong enough to cause sparks or other burning material to be
carried to combustible material, or
(b)
That the fire is within 1 metre of any gas line, or
(c)
That to do so is likely to be hazardous or create a nuisance.
86.
No Person
shall conduct any Open Burning or maintain any Recreational
Fire in such
a manner as to discharge
air contaminants
that are likely to cause
or significantly
contribute to the cause of injury or damage
to human health, plant or animal life or
property, or so as to unreasonably
interfere with the enjoyment of life or property.
If not
complied with, the Fire Chief or Designate may issue a Municipal Ticket (MTl).
87.
No Person
shall cause or allow any Garbage
or Noxious
Material to be burned by
Open
Burning
or by a Recreational
Fire.
If not complied with, the Fire Chief or
Designate may issue a Municipal Ticket (MTl)
88.
An Opening
Burning
permit is not required for:
(a)
A Recreational
Fire in an approved
area and receptacle
used for heating or
cooking food, or
(b)
Opening burning conducted by the Fire Department as part of a training exercise.
89.
A person who lights, fuels or makes use of a fire must extinguish it immediately when
ordered to do so by the Fire Chief or a Bylaw Enforcement
Officer.
90.
If a fire is deemed to be out of control, or in contradiction of this bylaw, and the Fire
Department
makes efforts to extinguish that fire, the District may charge the owner of
the property on which the fire starts for the cost incurred by the District to extinguish the
fire, as a Cost Recovery
charge as pursuant to section 103.
93.
94.
95.
96.
97.
98.
99.
No person shall set off, or caused to be set off, any consumer fireworks unless that
person is the holder of a valid permit, issued in writing, by the Fire Chief.
Low-level consumer fireworks (those which are designed
to function at heights of 50
metres or less) are permitted to be used by individuals of at least
18 years of age, on
private property, within the District of Tumbler Ridge provided that they are used:
(a)
in accordance
with the manufacturer's instructions, and
(b)
that there is no campfire ban in effect, and
(c)
wind speeds
are not above 10 kilometres per hour, and
(d)
that they do not cause a disturbance as defined in the District of Tumbler Ridge
Noise Bylaw No. 457, 2002, or amended from time to time.
An applicant for a fireworks
permit under this section
shall provide the following
information to the Fire Chief:
(a)
The date(s) and time(s) at which the proposed display is to be carried on;
(b)
The location of the proposed display;
(c)
The purpose of the proposed display; and,
(d)
Any other information relating to the proposed burning requested
by the Fire Chief.
If either section 94 or 95 are not complied with, the Fire Chief may issue a Municipal
Ticket (MTI)
The holder of a permit under this section shall:
(a)
Ensure that a competent Person
is in charge of the display while it is being set up,
in-progress
and during clean up activities and shall ensure
that Person
has
sufficient tools and equipment to effectively prevent the ignition of a fire from
getting out of control, becoming dangerous
or causing damage,
and
(b)
Comply with any conditions imposed by the Fire Chief under this section.
Applications for permits under section 93 shall be made at the Fire Hall.
The Fire Chief may revoke a permit issued under section 93 at any time for cause.
display
requirements, their utilization, cost and their duration of use, shall be determined prior
to the incident in consultation with the Fire Chief.
Fees shall be based on rates for
apparatus
use and actual costs for equipment replacement.
Examples of events
requiring standby could include but are not limited to:
(a)
Open air events
(b)
Any pyrotechnic event,
(c)
Community Events requiring Medical First Response.
102.
The Fire Chief may waive these fees for community sponsored
events and when it is
in the community's best interest.
COST RECOVERY
103.
The District may recover all costs and expenses
it incurred incidentally to the taking of
any measures
pursuant to sections 16, 37,39,67,69 and 90 jointly and severally from any
Person
who at the time had the charge,
management
or control of the Building,
Premises.
Ifthat person fails to pay those costs and expenses
within 6 months after
they were incurred, the District may recover those
costs and expenses
from the owner
of the Building or Premises
by direct invoice, together with costs and interest at the rate
set out in the Taxation (Rural Area) Act. Default on those costs, expenses
and interest
will result in their being added to the property taxes of the owner of the Building
or
Premises.
POSTED NOTICE
104.
No Person shall remove, alter, or deface any notice posted pursuant to this Bylaw
TICKETINGIENFORCEMENT
105.
Fines associated with issuance
of MTl's are specified in Municipal Ticketing Information
Bylaw No. 560, 2011, or as amended from time to time.
SEVERABILITY
106.
If any section, subsection,
sentence,
clause or phrase of this bylaw is for any reason
held to be invalid by a decision of any court of competentjurisdiction, such decision shall
not affect the validity of the remaining portions of this Bylaw.
OFFENCE AND PENALTIES
107.
A Person who violates a provision of this Bylaw commits an offence and is liable upon
conviction to the penalties provided in the Offence Act.
RECEIVED FIRST READING on the
18'h
day of
November, 2019
RECEIVED SECOND READING on the
18m
day of
November,
2019
RECEIVED THIRD READINGon the
18th
day of
November, 2019
ADOPTED on the
9'"
day of
December, 2019
KeiéhBertranW
Aleen Torravilie, Corporate Officer
AMENDMENTS
RR
AMENDMENTS
Schedule B
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