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District of Wells Bylaw No. 142, 2015
Fire Services Bylaw
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THE DISTRICT OF WELLS
BYLAW NO. 142, 2015
FIRE SERVICES BYLAW
WHEREAS the Community Charter S.B.C. 2003, c. 26, as amended from time to time, authorizes
Council, by bylaw, to regulate, prohibit and impose requirements in relation to municipal
services, emergency exits, smoke alarms, and any matter within the scope of the Fire Services
Act, and to authorize the municipal fire chief to exercise certain powers in relation to the
prevention and suppression of fires;
AND WHEREAS the Community Charter S.B.C. 2003, c. 26, as amended from time to time,
provides that a Municipality may by bylaw authorize the municipal fire chief and designate to
exercise powers for fire related inspections and prevention;
AND WHEREAS the Community Charter S.B.C. 2003, c. 26 and Fire Services Act and its
Regulations, as amended from time to time, a municipality may by bylaw regulate the
prevention and control of fires and for regulating the conduct of persons at or near fires;
NOW THEREFORE the Council of the District of Wells in an open meeting assembled enacts as
follows:
1. TITLE
1.1. This Bylaw may be cited as "Fire Services Bylaw No. 142, 2015".
2. DEFINITIONS
Unless specifically defined herein, words and phrases used in this Bylaw shall be construed in
accordance with the meanings assigned to them by the Fire Services Act, the Building Code, the
Fire Code or the Community Charter as the context and circumstances require.
In this Bylaw:
2.1. "Apparatus" means any vehicle machinery, device, Equipment or material used for
firefighting and Assistance Response and any vehicle used to transport Members or
supplies;
2.2. "Assistance Response" means aid provided in circumstances necessitating rescue
efforts in accordance with the level of training and certification of present Firefighters,
most often for Lift Assist;
2.3. "Building Bylaw" means the Cariboo Regional District Building Bylaw No. 3160, 1996, as
amended or replaced from time to time;
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2.4. "Building Code" means the British Columbia Building Code, as amended or replaced
from time to time;
2.5. "Campfire" means a small contained outdoor fire, not exceeding 0.5 meters in height
and 0.5 metres in width, and used for cooking, ceremonial purposes, or social
enjoyment;
2.6. "Combustible Material" means any material capable of being ignited;
2.7. "Council" means the Council for the District of Wells;
2.8. "District" means the District of Wells;
2.9. "Equipment" means any tools, contrivances, devices, hoses or materials used by the
Fire Brigade to combat an Incident or other emergency;
2.10. "Exterior Operations Service Level" means the Exterior Operations Service Level as
defined in the Playbook;
2.11. "False Alarm" means the activation of a Fire Alarm System that results in a response by
the Fire Brigade, and for which the Fire Alarm System activation was not the result of a
fire or other similar emergency;
2.12. "Fees and Charges Bylaw" means District of Wells Comprehensive Fees and Charges
Bylaw No. 19, 2013 as amended or replaced from time to time;
2.13. "Fire Alarm System" means a device or devices installed on or in real property and
designed to issue a warning of a fire by activating an audible alarm signal or alerting a
monitoring facility but does not include a fire alarm system that is intended to alert
only the occupants of the dwelling unit in which it is installed;
2.14. "Fire Chief" means the Member appointed by Council as head of the Volunteer Fire
Brigade and shall be deemed to be a Municipal Public Officer as defined in the Local
Government Act;
2.15. "Fire Code" means the British Columbia Fire Code Regulation made under the Fire
Services Act, as amended or replaced from time to time;
2.16. "Fire Hazard" means any condition, arrangement or act which increases the likelihood
of fire or which may provide a ready fuel supply to augment the spread or intensity of a
fire or which may obstruct, delay, hinder, or interfere with the operations of the Fire
Brigade or the egress of occupants in the event of fire;
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2.17. "Fire Protection" means all aspects of fire safety including but not limited to fire
prevention, firefighting or Fire Suppression, pre-fire planning, fire investigation, public
education and information, training or other staff development;
2.18. "Fire Protection Equipment" includes but is not limited to, Fire Alarm Systems,
automatic Sprinkler Systems, special extinguisher systems, portable fire extinguishers,
fire hydrants, water supplies for Fire Protection, standpipe and hose systems, fixed pipe
Fire Suppression systems in commercial cooking exhaust systems, smoke control
measures, and emergency power installations;
2.19. "Fire Safety Plan" means a fire safety plan for a building required under the Fire Code
and this Bylaw, that includes, without limitation:
(a) emergency procedures to be used in case of fire;
(b) training and appointment of designated supervisory staff to carry out fire safety
duties;
(c) documents showing the type, location, and operation of fire emergency systems;
(d) the holding of fire drills;
(e) the control of Fire Hazards; and
(f)
inspection and maintenance of facilities for the safety of the building's occupants;
2.20. "Fire Services Act" means the Fire Services Act, RSBC 1996, c.144, as amended or
replaced from time to time;
2.21. "Fire Suppression" means the controlling and extinguishing of fires;
2.22. "Fireworks Bylaw" means District of Wells Fireworks Bylaw, No. 127, 2013, as amended
or replaced from time to time;
2.23. "Incident" means a fire, a situation where a fire or explosion is imminent or a situation
arising from a response to a request for assistance from another emergency response
agency including, but not limited to, the Royal Canadian Mounted Police or the British
Columbia Ambulance;
2.24. "Incident Commander" means a Member designated by the Fire Chief to perform fire
prevention duties and to whom authorities may be assigned;
2.25. "Member" means a firefighter that is duly appointed by the Fire Chief to the Volunteer
Fire Brigade and shall be deemed to be a Municipal Public Officer as defined in the
Local Government Act;
2.26. "Officer" means the Fire Chief, Incident Commander and any Member designated by
the Fire Chief to act in the capacity of an Officer;
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2.27. "Playbook" means the mandatory minimum training standards set under paragraph
3(3)(b) of the Fire Services Act (B.C.) by the Office of the Fire Commissioner and
approved by the Minister of Justice, entitled British Columbia Fire Service Minimum
Training Standards: Structure Firefighters - Competency and Training Playbook
(September 2014), as same may be amended, revised or replaced from time to time;
2.28. "Sprinkler System" means an integrated system or underground and overhead piping
designed in accordance with Fire Protection standards which is normally activated by
heat from a fire and discharges water over the fire area;
2.29. "Volunteer Fire Brigade" means the District of Wells Volunteer Fire Brigade established
in 2000 and continued under this Bylaw.
3. ADOPTION AND APPLICATION OF THE FIRE CODE
3.1. The Fire Code, as amended or replaced from time to time, is adopted and made part of
this Bylaw, such that every provision of the Fire Code shall be considered a provision of
this Bylaw.
3.2. Any person who contravenes, violates, or fails to comply with a provision of the Fire
Code or this Bylaw commits an offence under this Bylaw.
4. CONTINUATION
4.1. The Wells Volunteer Fire Brigade is hereby continued for the purposes of providing the
Fire Protection services contemplated under this Bylaw.
5. SERVICE LEVEL
5.1. Pursuant to the Playbook's requirement that the "Authority Having Jurisdiction" (as
that term is defined in the Playbook) over a Fire Brigade identify the service level to be
provided by that department and whereas the District is the Authority Having
Jurisdiction over the Volunteer Fire Brigade under the Establishment Bylaw, the
Volunteer Fire Brigade is authorized to provide fire suppression activities in accordance
with and subject to the limitations set out in the Exterior Operations Service Level of
the Playbook.
5.2. The Exterior Operations Service Level applies to and is binding on the Volunteer Fire
Brigade and its Members. It shall form the basis of the Volunteer Fire Brigade's training
of its Members and related operational planning for fire suppression and emergency
response activities.
5.3. With respect to training Members, the Volunteer Fire Brigade:
(a) shall train its Principal Responding Members at least to the standard required by
the Playbook for the Exterior Operations Service Level; and
(b) in relation to Members who are not trained to the Exterior Operations Service
Level, shall:
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(i)
develop an incident scene accountability system which clearly identifies the
different levels of each Member's training; and
(ii)
develop and institute operational guidelines which specify and limit the
incident scene of activities of Members depending on their current level of
training.
(c) In consultation with the District, the Fire Chief shall be responsible for ensuring that
the Volunteer Fire Brigade develops an appropriate training program for all
positions, tasks and roles including those which are not expressly covered by the
Playbook. This training program shall meet the requirements of the Playbook and
the Workers Compensation Act (B.C.) and regulations made thereunder, and shall
be consistent with good practices and industry standards.
5.4. The Volunteer Fire Brigade shall:
(a) implement this Bylaw and the contents of the Playbook;
(b) maintain accurate and complete records of the training of its Members, including
any refresher training, any certifications obtained and otherwise as required by the
Workers Compensation Act (B.C.) and regulations thereunder, such that the training
level of each Member can clearly be established; and
(c) report annually to the District on the Volunteer Fire Brigade's training program, the
training levels of its Members and compliance with this Bylaw and the
requirements of the Playbook.
5.5. Notwithstanding anything in Section 5:
(a) in relation to any particular incident response, the Volunteer Fire Brigade shall
undertake only those emergency response activities for which its responding
Members at the incident are properly trained and equipped; and
(b) the Fire Chief may determine to limit the fire suppression activities of the Volunteer
Fire Brigade to the Exterior Operations Service Level in circumstances where,
because of turn-over in Members or for other reasons, in the Fire Chief's view the
Volunteer Fire Brigade should suspend undertaking exterior fire attack or rescue
operations.
(c) Where the Fire Chief has made a determination under section 4.5(b), he or she
shall immediately inform the District, including the reasons for the decision. The
Fire Chief may elect to recommence providing Exterior Service Level Operations
when he or she considers it warranted, and shall inform the District when making
such decision.
(d) The inability of the Volunteer Brigade to respond to an exterior fire attack and/or
rescue operation due to a suspension of service by the Fire Chief shall not create
any financial or legal liability for the parties unable to provide the Fire Protection
Services requested.
5.6.
The current Service Level shall be reviewed annually by the District with the Fire
Chief. It will be amended as determined appropriate by the District, or as required to
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conform with any changes to the Playbook or other applicable legislation or
regulations.
6. FIRE CHIEF
6.1. The Fire Chief shall report directly to Council through the Chief Administrative Officer and
shall be responsible for administering this Bylaw, for the management, control, and
supervision of the Volunteer and its Members, and for the care, custody and control of all
buildings, Apparatus and Equipment of the Volunteer Fire Brigade.
6.2. As he or she deems necessary, the Fire Chief may appoint Members to the Volunteer Fire
Brigade and from the group of Members he or she may appoint Officers.
6.3. The Fire Chief shall submit a list of all appointed Members semi-annually for the review
and approval of the Council.
6.4. The Council shall determine the remuneration of all Members of the Volunteer Fire
Brigade.
7. MEMBER APPOINTMENT AND STANDING
7.1. A person is qualified to be appointed as a Member for firefighting duties who:
(a) is not less than 19 years of age;
(b) has successfully completed a probationary period of no less than 2 practices with
the Brigade;
(c) is a member in good standing of the Wells Volunteer Fire Brigade.
Upon appointment to the Wells Volunteer Fire Brigade, a Member shall be entitled to:
(a)
a complementary membership to the Wells Community Fitness Centre; and
(b)
compensation in the form of $10 per fire call and fire practice.
7.2. If the Fire Chief determines that a Member is no longer a member in good standing of
the Volunteer Fire Brigade, he or she may dismiss that Member from the Brigade. A
Member's loss of good standing may result from:
(a) missing four consecutive Volunteer Fire Brigade practices, without prior written
approval from the Fire Chief;
(b) failing to cooperate with the training program determined by the Fire Chief;
(c) other misconduct as determined by the Fire Chief.
7.3. Officers and Members of the Volunteer Fire Brigade shall carry out the duties and
responsibilities assigned to the Volunteer Fire Brigade by the Council, and the Fire Chief
shall report to the Council on the operation of the Volunteer Fire Brigade or on any
other matter in the manner designated by Council.
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7.4. The Fire Chief may obtain assistance from other officials of the municipality as he or
she deems necessary in order to discharge his or her duties and responsibilities under
this Bylaw.
7.5. The Fire Chief and any Member or other person authorized by the Fire Chief to act on
behalf of the Fire Chief as an Incident Commander may exercise one or more of the
following powers:
(a) make and enforce rules, regulations and operational guidelines for the proper and
efficient administration and operation of the Volunteer Fire Brigade, and vary, alter,
or repeal such rules, regulations and operational guidelines, with the
understanding that the District may also provide oversight to the Volunteer Fire
Brigade's administration and operation from time to time as needed;
(b) with reasonable concern, enter on property and inspect premises for conditions
that may cause a fire, increase the danger of a fire, or increase the danger to
persons or property from fire;
(c) take measures considered necessary for the prevention, control and
extinguishment of fires, including the demolition of buildings and other structures
to prevent the spreading of fires;
(d) require an owner or occupier to undertake any actions the Fire Chief considers
necessary for the purpose of removing or reducing any thing or condition the Fire
Chief considers is a Fire Hazard or increases the danger of fire;
(e) requisition privately owned equipment which he or she considers necessary to deal
with an incident;
(f)
exercise the following powers under Section 25 of the Fire Services Act:
(i)
if an emergency arising from a Fire Hazard or from a risk of explosion causes
the Fire Chief to apprehend imminent and serious danger to life or property,
or of a panic, the Fire Chief may immediately take steps to remove the
hazard or risk;
(ii)
if the Fire Chief believes that conditions exist in or near a hotel or public
building that, in the event of a fire, might seriously endanger life or
property, the Fire Chief may immediately take action to remedy the
conditions to eliminate the danger and may evacuate and close the hotel or
public building; and
without limiting the foregoing, for these purposes may evacuate a building or an
area, and may call on police and other fire prevention authorities who have
jurisdiction to provide assistance;
(g) provide for Assistance Response in accordance with the level of training and
certification of the Firefighters who are present;
(h) enforce this Bylaw and any other District bylaws, rules, orders, and regulations
respecting Fire Protection, and exercise the powers and duties imposed upon
him/her by the Fire Services Act;
(i)
cause fires in the District to be enquired into, investigated, and recorded in the
District;
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(j)
collect and disseminate information in regard to fires in the District to the public,
provided that the information is first approved by the District;
(k) research best practices in methods of fire prevention;
(l)
provide, advise, and make recommendations to other officers and employees of
the District, to Council, and to the public, in accordance with any applicable District
policies and procedures, the Building Code, the Fire Code, and the Fire Services Act,
in relation to:
(i)
the provision of adequate water supply and pressure;
(ii)
the installation and maintenance of Fire Protection Equipment;
(iii)
the enforcement of measures for the prevention or suppression of fire and
the protection of life and property;
(iv)
life safety or rescue equipment; and
(v)
fire prevention generally.
8. INDEMNIFICATION
8.1. The District will indemnify every Member, Officer, Fire Chief and Deputy Fire Chief
against any claim for damages brought against that person arising out of the
performance of that person's duties and, in addition, will pay for any legal costs
reasonably required or incurred by that person in relation to a court proceeding arising
out of such a claim.
9. SERVICES
9.1. The Volunteer Fire Brigade shall provide services as set out in Schedule A of this Bylaw.
10. JURISDICTION
10.1. The limits of the jurisdiction of the Fire Chief, and the Officers and Members of the
Volunteer Fire Brigade will extend to the areas and boundaries of the District of Wells
as set out in Schedule B of this Bylaw and no part of the fire apparatus shall be used
beyond the limits of the District of Wells without the express authorization of a written
contract or agreement providing for the supply of firefighting services outside the
municipal boundaries.
10.2.
In the event of an out-of-jurisdiction Incident that poses potential danger to the
District or in the best interest of the District, subject to the approval of the Fire Chief
and where consent in accordance with Section 13 of the Community Charter has been
provided, Equipment, Apparatus and personnel of the Fire Brigade may be used
outside the geographic boundaries of the District and/or outside of the jurisdictional
boundaries set out in Schedule B.
11. PREVENTION, CONTROL AND ENFORCEMENT
11.1. The Volunteer Fire Brigade may, to the extent authorized by Section 66 of the
Community Charter and by the Exterior level of training, take all necessary measures
for the prevention, suppression, control, and extinguishment of fires, for mitigating the
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effects of Incidents involving dangerous goods, and for the protection of life and
property, including conducting Assistance Response where Firefighters are certified.
12. RIGHT TO ENTER
12.1. The Fire Chief and his/her designates are authorized to enter on property at any time in
order to ascertain whether the requirements of this Bylaw are being met.
12.2. The Fire Chief and any other Officer at an Incident is authorized to enter premises
where an Incident has occurred and to cause any Members, Resources, and the
Apparatus and Equipment of the Volunteer Fire Brigade to enter the premises, as
deemed necessary, in relation to an Incident.
13. NO INTERFERENCE
13.1. No person shall interfere with or obstruct the entry of any Member or Officer onto any
land to which entry is made or attempted pursuant to the provisions of this Bylaw.
13.2. No person shall interfere with or refuse to permit any Member or Officer to enter into
or upon premises in relation to which an alarm or other request for assistance has
been received or in or upon which a Member or Officer has reasonable grounds to
believe that an Incident has occurred or may occur.
13.3. A person must not interfere with any Member or Officer or refuse to permit any
Member or Officer to enter into or upon premises or a fire scene to determine:
(a) the cause and origin of the fire;
(b) the activation of a Fire Alarm System; or
(c) the presence and functioning of a Sprinkler System or other life safety protection
system.
13.4. No person shall damage or destroy Volunteer Fire Brigade Apparatus or Equipment.
13.5. No person at an Incident shall drive a vehicle over any hoses or Equipment without
permission of the Fire Chief, an Officer or a Member in Charge. Persons who drive over
Volunteer Fire Brigade Equipment, without instruction to do so by a Member, may, in
addition to any other penalty, be required to pay the actual costs of repairing or
replacing damaged Equipment.
14. PROHIBITION AGAINST ENTRY
14.1. A person must not, except as authorized by the Fire Chief, an Officer or a Member in
Charge at an Incident:
(a) enter any building or premises threatened by an Incident;
(b) enter within an area designated by ropes, guards, or tape erected by or under the
direction of a peace officer or a Member across or around any street, lane, alley or
building; or
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(c) refuse to move from such designated area when directed to do so by a peace
officer or Member.
14.2. The Fire Chief, or the Members in charge, at the Incident may request peace officers to
enforce restrictions on persons entering within the boundaries or limits outlined in
subsection 14.1.
15. NO OBSTRUCTION AT ASSISTANCE RESPONSE
15.1. A person must not impede, hinder or obstruct any Member at an Assistance Response
and every person must comply with orders or directions of a Member engaged in an
Assistance Response.
15.2. Any person who interferes with a Member in the performance of their duties, or fails to
comply with an order or direction of a Member may be removed from the scene of
such Assistance Response by a peace officer or any Member.
16. FALSE REPRESENTATION
16.1. No person shall make false representations as to being a Member of the Volunteer Fire
Brigade, or wear or display any Volunteer Fire Brigade badge, cap, button, insignia, or
other paraphernalia for the purpose of such false representation.
17. OUTDOOR BURNING
17.1. The Fire Chief may, at his or her discretion, suspend any or all outdoor burning for
reasons of public nuisance or public safety, including but not limited to, air quality and
risk of fire spread, and in such event no person shall carry on open burning within the
District.
18. FIRE PROTECTION EQUIPMENT
18.1. Every owner of premises must ensure that all Fire Protection Equipment required under
the Building Code or Fire Code is inspected, tested and maintained in accordance with
good engineering practices and the applicable standards, requirements and guidelines
of the Building Code, the Building Bylaw, the Fire Code, this Bylaw and all other
applicable enactments, all as amended or replaced from time to time, and any
equivalents or alternative solutions required or accepted under those enactments.
18.2. Volunteer Fire Brigade pumper connections shall be located and positioned in
accordance with the Building Code and approved by the Fire Chief or designate.
18.3. All Volunteer Fire Brigade pumper connections and protective caps shall be kept in
place at all times and, where such connections or protective caps are missing, the
building owner or occupier shall promptly cause the connections to be examined for
accumulated material, back-flushed if such material is present or suspected, or upon
the direction of the Fire Chief or the Fire Chief's designate, and shall ensure the
connections and caps are replaced.
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18.4. Every owner or occupier of a building must ensure that accesses to Volunteer Fire
Brigade connections for Sprinkler Systems or standpipe systems are clearly identified,
functional, kept in good repair and maintained free of obstructions at all times.
18.5. Every owner of premises for which a Sprinkler System is required under the Building
Code or the Building Bylaw must, in accordance with the requirements of the Fire Code,
maintain, repair and upgrade the Sprinkler System to accommodate any material
change in use or occupancy that results in a greater Fire Hazard than that which the
Sprinkler System was intended to accommodate.
18.6. When a building equipped with a Sprinkler System or a standpipe is being demolished,
the system or standpipe shall be maintained in operation, subject to sequential
deactivation, until the demolition work is completed.
18.7. The owner and occupier of every premise with residential occupancy must ensure that
all installed smoke alarms are maintained, tested, repaired and replaced in accordance
with the requirements of the manufacturer.
19. FIRE HYDRANTS
19.1. The fire hose connection type, hydrant colour coding and location of all fire hydrants
and other Volunteer Fire Brigade connections shall be subject to the approval of the
Fire Chief.
19.2. No person, except a Member or staff of the District, shall use or take water from any
fire hydrant or standpipe, nor make any attachment to a fire hydrant or standpipe,
without first obtaining written permission from the Fire Chief to do so.
19.3. No person shall tamper with the mechanical operation of a fire hydrant.
19.4. No person shall remove a fire hydrant from its authorized or required location unless
authorized to do so by the District in accordance with any direction, conditions,
measures, or requirements of the Fire Chief.
19.5. Where a fire hydrant is located on private property, the owner or occupier of the
premises must:
(a) ensure that all requirements of the Building Code are complied with during
installation of the fire hydrant;
(b) maintain space around the fire hydrant with stable ground cover and a clear and
unobstructed area.
19.6. If an owner or occupier fails to properly maintain the hydrant area in accordance with
the access route specifications set out in the Building Code, the Fire Chief may issue an
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order to the owner or occupier to comply with such specifications within a time period
specified in the order.
19.7. If an owner or occupier fails to comply with an order issued under the subsection
(17.6) above within the time specified in the order, the District may enter onto the
property and carry out such work at the cost of the owner.
20. FIRE ALARM SYSTEMS
20.1. Every owner or occupier of any premises with a Fire Alarm System must maintain and
provide to the Volunteer Fire Brigade, in writing, the names and telephone numbers of
three (3) contact persons, at least one of whom is available 24 hours a day by
telephone to attend within 30 minutes of notification by the Volunteer Fire Brigade to
enter and secure the premises at an Incident.
20.2. The owner or occupier must notify the Volunteer Fire Brigade in writing within 7 days
of any changes in the names or addresses of contact persons.
20.3. The owner or occupier must provide to every contact person designated under the
above subsection 20.1 full access to the premises for which they have responsibility
and full authority to take control of and operate the Fire Alarm System and secure the
premises on completion of Assistance Response or other Incident.
20.4. Where a contact person fails to respond to a fire alarm and attend the premises within
30 minutes:
(a) the Volunteer Fire Brigade may use whatever means are necessary to gain entry to
the premises to investigate the fire alarm without payment to the owner or
occupier of any compensation whatsoever for damage caused to the premises by
such forced entry; and
(b) the owner or occupier of the premises shall be liable to reimburse the District, at
the rates specified from time to time in the Fees and Charges Bylaw for the cost to
the District of all time during which Volunteer Fire Brigade Apparatus and Members
were required to remain on standby at the premises, commencing after the 30
minute time period specified in this subsection, until such time as a contact person,
owner or occupier arrives to attend at, provide access to, or secure the premises.
21. ACTIVATION OF A FIRE ALARM SYSTEM
21.1. A person must not activate a Fire Alarm System unless:
(a) there is a fire;
(b) the person reasonably believes that a fire or other Incident is occurring or is
imminent; or
(c) the activation is carried out for testing purposes by persons authorized by the Fire
Chief.
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22. NO OBSTRUCTIONS
22.1. 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 by
Council for firefighting purposes.
22.2. A person must not cause to be placed, stored, or maintained upon any roof or balcony
any material or object which may interfere with access or egress or Volunteer Fire
Brigade operations in case of fire or other emergency, and shall remove all such objects
or materials upon the order of the Fire Chief or any Member.
22.3. A person must not obstruct access passageways on a roof surface required by the Fire
Code or Building Code.
22.4. Every owner or occupier of premises must at all times ensure that all exits and means
of egress required under the Building Code, Fire Services Act, Fire Code or the Building
Bylaw or the Building Standards Bylaw are properly maintained and remain
unobstructed at all times.
23. REGULATION OF FIRE HAZARDS
23.1. A person must not cause or permit Combustible Materials, growth, waste, or rubbish of
any kind to accumulate in or around premises in such a manner as to endanger
property or constitute a Fire Hazard.
23.2. The Fire Chief may order any person to remove or otherwise deal with accumulation or
materials or growth referred to in subsection 21.1 above and upon receipt of such
order, that person shall take whatever action is specified in the Fire Chief's order within
the time period specified therein, failing which the Volunteer Fire Brigade may take
whatever action is necessary to remove the Fire Hazard at the expense of the person to
whom the order is directed or the owner or occupier of the premises.
23.3. No person shall deposit, or allow to be deposited, ashes or other materials or things
taken from any stove, furnace, fireplace, or heating appliance, in anything other than a
metal or other non-combustible container.
23.4. No person shall deposit or allow or cause to be deposited any greasy or oily rags or
other material or things or substances likely to ignite spontaneously or aid in the
spread of fire, in anything other than a suitable metal or non-combustible container or
receptacle equipped with a close fitting lid.
23.5. No person shall keep or store or cause to be kept or stored any accumulation of
material that might cause a fire, contribute to the spread or severity of a fire, pose a
risk to neighbouring improvements, pose a risk to Members or limit the ability of
Members to evacuate victims of a fire.
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23.6. No person shall allow or permit to be allowed any flammable or toxic liquid to enter
into any drainage system, toilet, septic tank or other fixture attached thereto, or
connected to any sewer or drainage system.
23.7. No person shall park or leave standing a motor vehicle or vessel where fuel is leaking.
The Fire Chief shall have the authority to have towed any vehicle or vessel that he
considers to pose a risk of fire or other risk. All costs associated with the towing and
storage of vehicles or vessels shall be the responsibility of the vehicle or vessel owner.
23.8. The Fire Chief or designate may order the owner of an existing multiple-family
residential, assembly, mercantile, business or personal services, industrial, care or
detention occupancy to provide or make alterations to Fire Protection Equipment and
systems including heat and smoke detection, fire alarms, fire extinguishers, Sprinkler
Systems, exit signs, emergency lighting, fire separations and means of egress in order
to provide adequate life safety to its occupants, provided that the requirements of any
such order may not exceed those establishing by the Building Code or Fire Code or
building regulations established in accordance with the Building Code or Fire Code. Any
owner may satisfy the requirements of an order through equivalents or alternative
solutions accepted by the Fire Chief or designate.
24. VACANT PREMISES
24.1. For the purpose of this Section 24, vacant premises includes a lot, building or other
structure in respect of which a water or electricity service has been intentionally
discontinued, other than for temporary maintenance, repair or upgrading, so that the
condition of the premises is not suitable for human habitation or other occupancy that
is normally permitted.
24.2. The owner of vacant premises must promptly act to ensure that, at all times:
(a) the premises are free from litter and debris or accumulations of combustible or
flammable materials except where storage of combustible or flammable materials
is in strict accordance with the Fire Code and this Bylaw;
(b) all openings in the premises are securely closed and fastened in a manner
acceptable to the Fire Chief or designate so as to prevent fires and the entry of
unauthorized persons; and
(c) Sprinkler Systems and Fire Alarm Systems remain operational as per requirements
of the Fire Code.
24.3. Where an owner fails to securely close a vacant building as required by subsection 22.2
above, the Fire Chief or designate may, by notice in writing, order the owner to secure
the building or other part of the vacant premises against unauthorized entry in a
manner set out in the notice.
24.4. If an owner of vacant premises fails to bring the premises into compliance with this
Bylaw within twenty-four (24) hours of receiving a notice under subsection 22.3 above,
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or if the Fire Chief or designate is unable to contact the owner within twenty-four (24)
hours of finding vacant premises in an unsecured state, the Fire Chief or designate may
cause the premises to be secured by District employees or agents, who may board up
or otherwise secure doors, windows, and other points of entry into the premises in
order to prevent fires and unauthorized entry, at the cost and expense of the owner.
25. DAMAGED BUILDINGS
25.1. The owner of a building or other structure that has been damaged due to fire,
explosion, or similar event must immediately ensure that all openings and points of
entry into the building are kept securely closed and fastened in a manner acceptable to
the Fire Chief so as to prevent the entry of unauthorized persons, or that one or more
security guards are stationed to prevent such entry. If the owner fails to provide the
necessary security to the damaged building within 2 hours of reasonable attempts by
the Fire Chief to notify the building owner or the owner's appointed representative, the
Fire Chief may cause the work to be carried out at the cost and expense of the owner.
26. INSPECTION OF PREMISES
26.1. The Fire Chief and any Member designated by the Fire Chief is hereby authorized to
enter at all reasonable times upon any premises to inspect and determine whether or
not:
(a) the premises are in such a state of disrepair that a fire starting therein might spread
so rapidly as to endanger life or other premises or property;
(b) the premises are so used or occupied that fire would endanger life or property;
(c) combustible or explosive materials are being kept on the premises or other
flammable conditions exist in or about the premises so as to endanger life or
property;
(d) in the opinion of the Fire Chief or a Member, a Fire Hazard exists in or about the
premises; or
(e) the requirements of this Bylaw and the Fire Code are being complied with.
26.2. No person shall obstruct, hinder or prevent the Fire Chief or any Member from entering
into or upon any premises for the purpose of inspecting the premises in the ordinary
course of their duties.
26.3. Every occupier of premises shall provide all information and shall render all assistance
required by the Fire Chief or any Member in connection with the inspection of such
premises pursuant to this Bylaw, the Fire Code, and the Fire Services Act.
26.4. No person shall purposely withhold or falsify any information required by the Fire Chief
or any Member under this Bylaw, the Fire Code, or the Fire Services Act.
26.5. A fee shall be paid to the District of Wells for Fire Safety Inspections carried out at the
request of the property owner or their agent, as specified in the Fees and Charges
Bylaw.
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26.6. The Fire Chief shall prepare and maintain records and reports on each fire inspection
and these records and reports shall be made available to the building occupant or
occupier.
27. FREQUENCY OF INSPECTIONS DELEGATED
27.1. The authority and duty of Council under the Fire Services Act to establish, revise and
implement a regular system of inspections of hotels, public buildings, churches,
theatres, halls or other buildings used as a place of public resort in the District is
delegated to the Fire Chief and for this purpose the Fire Chief is delegated the authority
to establish a system of regular inspections which will provide different frequencies of
inspection depending on a building's Building Code building classification, its use, age,
past inspection history and fire risk assessment.
27.2. The Fire Chief must report to Council as and when requested by Council on the
inspection system created and implemented under subsection (27.1) above.
28. NUISANCE AND DANGEROUS GOODS INCIDENTS
28.1. Every person who, wilfully or recklessly and without reasonable cause:
(a) sets or causes a fire or explosion to which the Volunteer Fire Brigade must respond;
or
(b) causes a fire or any other loss that can be directly attributed to the use of fireworks
contrary to the requirements and restrictions of the Fireworks Bylaw,
shall be deemed to have caused a nuisance and, in addition to any penalty imposed
under this Bylaw or otherwise by law, shall be liable to pay the actual costs and
expenses incurred by the Volunteer Fire Brigade in abating that nuisance by responding
to and investigating the fire or loss, calculated in accordance with the rates set out in
the Fees and Charges Bylaw.
28.2. 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 Volunteer Fire Brigade in performing such
work including:
(a) the costs and expenses incurred by the District or its contractors or agents for the
clean-up and safe transport and disposal of the dangerous goods; and
(b) the costs incurred by the Volunteer Fire Brigade in mitigating the dangerous goods
Incident, including without limitation, Equipment and Apparatus replacement and
decontamination costs.
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28.3. If a fire cause or other investigation is required, and cannot be conducted immediately,
the owner is required to provide for Incident security through a recognized security
agency that is acceptable to the Fire Chief.
28.4. All costs associated with providing required security at an Incident, as described in
subsection (28.3) above, are the sole responsibility of the owner or occupier.
29. FALSE ALARM INCIDENT FEES
29.1. The owner or occupier of premises containing a Fire Alarm System shall, on the
occurrence of a fourth False Alarm and for each subsequent False Alarm occurring in
any 12 month period, pay the District a fee for each such False Alarm in accordance
with the Fees and Charges Bylaw.
29.2. Where an owner or occupier makes documented improvements to a Fire Alarm System
through a fire protection technician, or takes other steps acceptable to the Fire Chief,
to reduce or eliminate future False Alarms, then, upon receipt of an application in
writing within thirty days of the most recent False Alarm, the Fire Chief may deem for
the purposes of the above subsection 28.1 that, until another False Alarm occurs, no
False Alarm of the Fire Alarm System has occurred.
29.3. Where a person fails to notify the monitoring company or the Volunteer Fire Brigade
when carrying out testing, repair, maintenance, adjustments or alterations to a Fire
Alarm System, as required by this Bylaw, and such failure results in the activation of the
Fire Alarm System resulting in a response by the Volunteer Fire Brigade, that
occurrence will deemed to be a False Alarm for the purposes of this Bylaw.
30. FIRE ORDERS
30.1. In addition to authority provided for orders by the Fire Chief or designate elsewhere in
this Bylaw, if a person contravenes or fails to comply fully with any provision of this
Bylaw, or if conditions exist in or upon any premises which in the opinion of the Fire
Chief or designate, constitute a Fire Hazard or other danger to life or property, the Fire
Chief or designate may, in writing, issue such order to that person as necessary to
ensure full and proper compliance with this Bylaw or to remove or otherwise deal with
the Fire Hazard or other danger.
30.2. An order made by the Fire Chief or designate under this Bylaw may be served:
(a) by delivering it or causing it to be delivered to the person to whom it is directed;
(b) by sending the order by mail to the last known address of the property owner; or
(c)
if the person to whom it is directed cannot be found, is not known or refuses to
accept service of the order, by posting a copy of the order in a conspicuous place
on the premises that is subject to the order.
30.3. If an order has been posted in accordance with subsection (30.2) above, a person must
not remove, deface or destroy the order.
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30.4. A person against whom an order has been made by a designate of the Fire Chief under
this Bylaw may, before the expiration of ten (10) days from the date of the order,
appeal in writing to the Fire Chief, who may uphold the order, vary or set aside the
order, or issue an alternative order.
30.5. Every order issued by the Fire Chief shall state a date by which the order shall be
carried out, which date shall, in the discretion of the issuer, 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.
30.6. Where a person is in default of an order made pursuant to this Bylaw, the District by its
employees, servants or agents may enter the premises and affect such work as is
required in the notice at the cost and expense of the owner or occupier of the
premises, payable upon receipt of invoice from the District.
31. PUBLIC INFORMATION
31.1. Public information statements regarding an Incident shall be limited to the Fire Chief,
his/her designate and/or the Mayor or his/her designate.
32. OFFENCES AND PENALTIES
32.1. Any person who:
(a) violates or who causes or allows any of the provisions of this bylaw to be violated;
or
(b) fails to comply with any of the provisions of this or any other bylaw or applicable
statute; or
(c) neglects or refrains from doing anything required under the provisions of this
bylaw; or
(d) obstructs, or seeks or attempts to prevent or obstruct a person who is involved in
the execution of duties under this bylaw
is deemed to have committed an infraction of, or an offence against this bylaw and is
liable on summary conviction to the penalties provided for in the Offence Act, and each
day that such violation is caused, or allowed to continue, constitutes a separate
offence.
33. COST RECOVERY FOR RE-INSPECTION
33.1. Where an owner or operator of a building is notified by the Volunteer Fire Brigade of a
deficiency under this Bylaw or the Building Code or Fire Code, and that deficiency was
reported as a result of an inspection by the Volunteer Fire Brigade, the Volunteer Fire
Brigade may re-inspect that premises. If, upon re-inspection after a period of time
deemed reasonable by the Fire Chief, the deficiency has not been remediated, the
owner of said building will be charged the re-inspection fee set out in the Fees and
Charges Bylaw for the re-inspection and each subsequent re-inspection thereafter until
the deficiency has been remediated.
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34. GENERAL FEE REGULATIONS
34.1. Where under this Bylaw the District is authorized or required to provide work or
services to lands or improvements, and the costs incurred by the District in carrying out
such work or services are not paid when due and payable, the District may recover
those costs from the owner of the lands or improvements in the same manner and
with the same remedies as ordinary taxes and, if the costs remain unpaid on December
31, they shall be deemed to be taxes in arrears.
35. SEVERABILITY AND CITATION
35.1. If any part, section, sub-section, clause, or sub-clause of this bylaw is, for any reason,
held to be invalid by the decision of a Court of competent jurisdiction, such decision
does not affect the validity of the remaining portions of this bylaw.
35.2. This bylaw may be cited for all purposes as the "District of Wells Fire Services Bylaw No.
142, 2015".
36. APPLICATION
36.1. The provisions of this Bylaw apply to all buildings, structures, premises and conditions
within the District and, for certainty, apply to both existing buildings and buildings
under construction.
37. PREVOUS BYLAW REPEAL
37.1. District of Wells "Wells Volunteer Fire Brigade Establishing Bylaw" No. 28, District of
Wells Bylaw No. 90, 1008 (A Bylaw to Amend the District of Wells Fire Brigade
Establishing Bylaw), and District of Wells "Volunteer Fire Brigade Amending Bylaw" No.
141, 2015 are hereby repealed.
READ A FIRST TIME this 15 day of September, 2015
READ A SECOND TIME this 15 day of September, 2015
READ A THIRD TIME this 15 day of September, 2015
PASSED AND FINALLY ADOPTED by a majority of Council members this ____ day of
____ ___, 2015
___________________________________
Robin Sharpe, Mayor
___________________________________
Katrina Leckovic, Chief Administrative Officer
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SCHEDULE A
The services provided by the Volunteer Fire Brigade are set out below and include other
services that, from time to time, Council directs to be provided.
Services
Service
Description of Service
Fire Prevention
Regular system of inspections (utilizing a Chief Fire Prevention
Officer, fire company inspections, third party inspectors), support
the District's Planning Department in plan review, public fire safety
education
Structural Fire Suppression
The Wells Volunteer Fire Brigade is authorized to provide fire
suppression activities with and subject to the limitations set out in
the Exterior Operations Level as defined in the British Columbia Fire
Service Minimum Training Standards: Structure Firefighters -
Competency and Training Playbook (May 2015), set under
paragraph 3(3)(b) of the Fire Services Act (B.C.).
Wildland Fire Suppression (if
within the Town Limits or
requested by Ministry of
Forests)
Control and response of fire involving organic material, grass, brush,
or forest
Public Assistance
Providing aid to members of the public where that aid is not
inconsistent with the purpose of the volunteer Fire Brigade, and
where that aid does not fall within another category of service
Other
Other emergency or non-emergency public service(s) as authorized
by the Fire Chief
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SCHEDULE B
The limits of the jurisdiction of the Fire Chief and the Officers and Members of the Fire Brigade
will extend to the area and boundary of the District of Wells including any areas for which the
District has service delivery agreements, specifically;
The Mutual Aid and Firefighting Assistance Agreement between the District of Wells and
the Barkerville Heritage Trust
The Agreement between the District of Wells and the Cariboo Regional District
pertaining to Fire Protection and Prevention (see attached Map B for included area)
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Map A
CRD-District of Wells Mutual Aid Agreement Area