Resort Municipality of Whistler Fire and Life Safety Bylaw No. 2201, 2019
Whistler, British Columbia
· No. 2201
· adopted 2020-01-07
· summary & facts
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RESORT MUNICIPALITY OF WHISTLER
FIRE AND LIFE SAFETY BYLAW 2201, 2019
A BYLAW TO REGULATE FIRE PROTECTION SERVICES, FIREWORKS, AND THE SAFETY AND
PROTECTION OF PERSONS AND PROPERTY
WHEREAS pursuant to section 8(2) of the Community Charter, a municipality may provide any service
that the council considers necessary or desirable;
AND WHEREAS pursuant to section 8(3)(d) of the Community Charter, a municipality may, by
bylaw, regulate, prohibit and impose requirements in relation to firecrackers, fireworks and
explosives;
AND WHEREAS pursuant to section 8(3)(g) of the Community Charter, a municipality may, by
bylaw, regulate, prohibit and impose requirements in relation to the health, safety and protection of
persons or property;
NOW THEREFORE, the Council of the Resort Municipality of Whistler, in open meeting
assembled, enacts as follows:
PART 1 - CITATION
1.1. This Bylaw may be cited for all purposes as "Fire and Life Safety Bylaw No. 2201, 2019."
PART 2 - COMPLIANCE WITH FIRE CODE
2.1. Any person who contravenes, violates or fails to comply with a provision of the Fire Code
commits an offence under this Bylaw.
PART 3 - INTERPRETATION
Words and Phrases
3.1. Unless specifically defined in this Bylaw, words and phrases used in this Bylaw shall be
construed in accordance with the meanings assigned to them in the Fire Services Act, the
British Columbia Building Code, the Fire Code, and the Community Charter, as the context
and circumstances require.
References
3.2. Any reference to the Fire Chief shall include a reference to any person duly authorized by the
Fire Chief to exercise any of the Fire Chief's powers or to carry out any of the Fire Chief's
duties under this Bylaw, including the Fire Chief's deputy.
Definitions
3.3. In this Bylaw:
(a)
"Actual Costs" means:
(i)
for goods and services provided using contractors and suppliers, all amounts
invoiced to the Municipality plus a 15% administration fee; and
Fire and Life Safety Bylaw No. 2201, 2019
Page 2
(ii) for services provided using the Municipality's own forces and equipment, a fee
calculated using the hourly rates prescribed in Schedule "C" of this Bylaw;
(b)
"Building" means any structure used or intended for supporting or sheltering any use or
occupancy;
(c)
"Campfire Permit" means a current and valid permit issued by the Fire Rescue Service
authorizing a person to carry out the fire-related activities described in the permit;
(d)
"Consumer Fireworks" means all Fireworks other than High Hazard Fireworks and Movie
Pyrotechnics;
(e)
"Dangerous Goods" means those products or substances that are regulated under the
Canada Transportation of Dangerous Goods Act and its Regulations, as amended or
replaced from time to time;
(f)
"Danger Class Website" means the website maintained by the Wildlife Management
Branch of the Province of British Columbia for the purpose of providing the
current Fire Danger Rating;
(g)
"False Alarm" means the activation of a fire alarm system or security alarm system as a
result of which services, including fire and police services, are provided by or on behalf of
the Resort Municipality and the providers of the services do not find any evidence of fire,
fire damage, smoke, criminal activity or unauthorized entry;
(h)
"Fire Alarm System" means a device or devices installed on or in a 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;
(i)
"Fire Chief" means the person appointed as the fire chief for the Municipality, acting
as the head of the Fire Rescue Service;
(j)
"Fire Code" means the British Columbia Fire Code Regulation made under the Fire
Services Act, as amended or replaced from time to time;
(k)
"Fire Danger Rating" means the current fire danger rating for the Municipality, as issued
by the British Columbia Wildfire Management Branch or its successor in function;
(l)
"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
Rescue Service or the egress of occupants in the event of a fire;
(m)
"Fire Inspector" means the Fire Chief and every Member authorized to carry out fire
inspections in the Municipality;
(n)
"Fire Protection" means all aspects of fire safety, including but not limited to, fire
prevention, firefighting or suppression, pre-fire planning, fire investigation, and fire and
life safety education;
Fire and Life Safety Bylaw No. 2201, 2019
Page 3
(o)
"Fire Rescue Service" means the fire rescue service established for the Municipality and
continued under this Bylaw;
(p)
"Fire Safety Plan" means a fire safety plan for a Building required under the Fire Code
or this Bylaw that includes, without limitation:
(i)
emergency procedures to be used in case of fire;
(ii)
training and appointment of designated supervisory staff to carry out fire
safety duties;
(iii)
documents showing the type, location and operation of fire emergency
systems;
(iv)
the holding of fire drills;
(v)
the control of Fire Hazards; and
(vi)
inspection and maintenance of facilities for the safety of the Building's
occupants;
(q)
"Fireworks" includes, but is not limited to: cannon crackers, fireballs, firecrackers, mines,
Roman candles, sky rockets, squibs, torpedoes, and other explosive products or
devices manufactured to intentionally produce an explosion, detonation or pyrotechnic
effect, but does not include caps for toy products, Christmas crackers, or model rocket
engines;
(r)
"Fireworks Permit" means a current and valid document issued by the Fire Chief or a
Member authorizing a person to carry out the Fireworks-related activities described
in the permit;
(s)
"High Hazard Fireworks" includes rockets, serpents, shells, bombshells, tourbillions,
maroons, large
wheels, bouquets, barrages, gerbs, comets, croissettes, mines,
bombardos, waterfalls, fountains, batteries,
illumination, set pieces, pigeons, and
firecrackers and fireworks classed as display fireworks under the federal Explosives
Regulation, 2013;
(t)
"High Risk Construction Activity" means:
(i)
mechanical brushing;
(ii)
disk trenching;
(iii)
preparation or use of explosives;
(iv)
using fire- or spark-producing tools, including cutting tools
(v)
using or preparing fireworks or pyrotechnics;
(vi)
grinding, including rail grinding;
(vii)
mechanical land clearing;
(viii)
clearing and maintaining rights of way, including grass mowing;
Fire and Life Safety Bylaw No. 2201, 2019
Page 4
(ix)
using battery powered or electric cutting tools; and
(x)
any of the following activities carried out in a cutblock excluding a road, landing,
roadside work area or log sort area in the cutblock:
(A)
operating a power saw;
(B)
mechanical tree felling, woody debris piling or tree processing, including
de-limbing;
(C)
welding;
(D)
portable wood chipping, milling, processing or manufacturing;
skidding logs or log forwarding unless it is improbable that the skidding or
forwarding will result in the equipment contacting rock;
(E)
yarding logs using cable systems;
(u)
"Incident" means a fire, explosion, situation where a fire or explosion is imminent, or
any other situation presenting a danger or possible danger to life, to property or to the
environment to which the Fire Rescue Service has responded;
(v)
"Incident Commander" means the Member assuming command at the scene of an
Incident;
(w)
"Member" means a person employed by the Municipality and holding a position within the
Fire Rescue Service;
(x)
"Movie Pyrotechnics" means any Fireworks used by a person or corporation for the
purpose of commercial photography, video, film or television productions and includes
special effect pyrotechnics under the federal Explosives Regulations, 2013;
(y)
"Municipality" means the Resort Municipality of Whistler;
(z)
"Occupier" includes any lessee, tenant and licensee of any Building or Premises;
(aa)
"Owner" means a person who has ownership or control of real or personal property, and
includes, without limitation:
(i)
the registered owner of an estate in fee simple;
(ii)
the registered holder of the last registered agreement for sale; and
(iii)
the tenant for life under a registered life estate; and
(iv)
in relation to common property and common facilities in a strata plan, the strata
corporation;
(bb)
"Premises" includes the whole or any part of a parcel of real property and any Buildings
located on the property; and
(cc)
"Vacant Premises" includes a Premises, Building or other structure in respect of which
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
Fire and Life Safety Bylaw No. 2201, 2019
Page 5
human habitation or other occupancy that is normally permitted.
Conflict
3.2
In the event of a conflict, discrepancy, variation or inconsistency between this Bylaw and the Fire
Services Act, the Fire Code, or the British Columbia Building Code, the provisions of the Fire
Services Act, the Fire Code or the Building Code, as the case may be, shall prevail over the
provisions of this Bylaw to the extent of any conflict, discrepancy, variation or inconsistency.
Application
3.3
The provisions of this Bylaw apply to all Buildings, structures, Premises and conditions within
the Municipality, including Buildings under construction.
PART 4 - FIRE RESCUE SERVICE
Continuation
4.1
The Fire Rescue Service is hereby continued for the purpose of providing the services
contemplated under this Bylaw.
Limits on Jurisdiction
4.2
The limits of the jurisdiction of the Fire Rescue Service extend to the boundaries of the
Municipality, and no apparatus or equipment of the Fire Rescue Service shall be used
beyond the limits of the Municipality without:
(a)
an express written agreement with the local authority providing for the supply of
firefighting and rescue services outside the boundaries of the Municipality; or
(b)
the approval of Council and, if required by the Community Charter, the consent of the
local authority.
Prevention, Control and Enforcement
4.3
The Fire Rescue Service may take all necessary measures for the prevention, suppression,
control and extinguishment of fires, for mitigating the effects of incidents involving Dangerous
Goods, and for the protection of life and property, including conducting assistant response
and administering emergency medical services.
Responsibilities of Fire Chief
4.4
The Fire Chief shall be responsible for the management, control and supervision of the Fire
Rescue Service, including the Members, all Buildings, apparatus and equipment associated
with the Fire Rescue Service.
Powers of Fire Chief
4.5
The Fire Chief may exercise one or more of the following powers in addition to those powers
granted under the Fire Services Act:
Fire and Life Safety Bylaw No. 2201, 2019
Page 6
(a)
make and enforce rules for the proper and efficient administration and operation of the
Fire Rescue Service and change, replace or withdraw those rules;
(b)
enter on 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)
enter Premises for the purpose of responding to an Incident;
(d)
take measures considered necessary to prevent and suppress fires, including the
demolition of Buildings and other structures to prevent the spreading of fires;
(e)
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; and
(f)
enforce the Fire Code, this Bylaw and any other bylaws, rules, orders and regulations
of the Municipality for the prevention and suppression of fire and the protection of life
and property.
Powers of the Incident Commander
4.6
The Incident Commander may:
(a)
enter those Premises at which the Incident occurred, and any neighbouring Premises,
and may cause to enter the Premises any Member, apparatus or equipment deemed
necessary in order to combat, control or deal with that Incident; and
(b)
cause the demolition of any Building or part of a Building which, in the opinion of the
Incident Commander, must be demolished in order to prevent the spread of fire or further
damage to property, injury to persons, or possible loss of life.
Inspection of Buildings
4.7
The Fire Rescue Service shall implement annual inspections of all hotels and public buildings
as defined by the Fire Services Act.
4.8
Every Owner of a Premises liable for inspection under section 4.7 of this Bylaw shall pay the
annual Inspection Service Fee for the Premises in the amount set out in Schedule "B" of this
Bylaw.
4.9
If a Premises inspected under section 4.7 of this Bylaw requires more than one re-inspection to
determine that an unsatisfactory condition has been addressed, then the Owner of the Premises
shall pay the re-inspection fee for the second re-inspection and for each subsequent re-
inspection in the amount set out in Schedule "B" of this Bylaw.
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Page 7
PART 5 - GENERAL PROHIBITIONS
No Interference
5.1
No person shall impede or hinder in any way the execution of the duties of any Member or any
other person under the direction of the Incident Commander in charge at an Incident.
5.2
No person shall interfere with or refuse to permit any Member 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 has reasonable grounds to believe that an Incident has occurred
or may occur.
No Unauthorized Entry
5.3
No person shall, except as authorized by the Fire Chief or the Incident Commander in charge
at an Incident:
(a)
enter any Building or Premises threatened by an Incident;
(b)
enter within any 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
(c)
refuse to move from such designated area when directed to do so by a peace
officer or Member.
Traffic Control
5.4
All persons at or near an Incident shall obey all traffic control directions given by a peace officer
or a Member.
False Representations
5.5
No person shall make false representations as to being a Member of the Fire Rescue
Service, or wear or display any Fire Rescue Service badge, cap, button, insignia or other
paraphernalia for the purpose of such false representation.
No Driving Over Equipment
5.6
No person shall drive a vehicle over any hose or other equipment of the Fire Rescue Service
unless so directed by a peace officer or Member. In addition to any penalty imposed under this
Bylaw, a person who damages Fire Rescue Service equipment shall be liable to pay for the
costs associated with fixing or replacing such damaged equipment.
PART 6 - FIRE REGULATIONS
Campfires and Other Open Air Burning
6.1
No person shall light, ignite, start or burn, or cause, suffer or allow to be lighted, ignited, started
or burned, any open air fire, including a campfire, or any fire in a portable incinerator, unless the
fire is authorized by a Campfire Permit or is specifically permitted under this Bylaw.
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Page 8
Discarding Burning Substances
6.2
No person shall discard, throw down or drop any lighted match, cigarette or other burning
substance into or near any combustible material.
Barbecues and propane fueled fire pits
6.3
A person may use:
(a)
a natural gas or propane gas fueled fire contained within a fire pit or barbecue; or
(b)
a cooking stand or barbecue in a municipal park;
without a Campfire Permit.
6.4
Despite section 6.3 of this Bylaw, if at any time the Fire Danger Rating for the Municipality
reaches "high" or "extreme", no person shall use any barbecue in a municipal park other than a
propane barbecue.
Restrictions
6.5
No person shall light, ignite, start, maintain or burn a campfire unless:
(a)
the person holds a Campfire Permit or the campfire is in a designated fire pit within a
Provincial, Federal or private campground;
(b)
the campfire is for recreational or ceremonial purposes;
(c)
the campfire is burning material in one pile not exceeding 0.5 metres in width and 0.5
metres in height;
(d)
the campfire is separated at least 3 metres in all directions from combustible materials;
(e)
the campfire is not prohibited by a ban issued by the BC Wildlife Service for the Coastal
Fire Centre Region; and
(f)
the Fire Danger Rating is indicated as "low" or "moderate" on the Danger Class Website
as of 3:00PM that same day.
Campfire Bans
6.6
Where the Fire Chief deems it expedient to do so, or where the Fire Chief considers
hazardous fire conditions to exist, the Fire Chief may temporarily ban campfires in the
Municipality, and no person shall light, ignite, start or burn a campfire or any other open fire
when such a ban is in place.
6.7
Sections 6.1 and 6.6 do not apply to propane-fueled portable fire pits in which no other fuel is
used.
6.8
If at any time the Fire Danger Rating for the Municipality reaches "extreme", the Fire Chief
may temporarily close any or all parks and trail systems in the Municipality, and no person
shall enter into any closed park or trail system.
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Page 9
Construction Bans
6.9
If at any time the Fire Danger Rating for the Municipality reaches "high" or "extreme", no person
shall carry on any high risk construction activity within 10 metres of a forest except in strict
accordance with the Whistler Fire Rescue Service Interface Construction and Maintenance
Regulations attached to this Bylaw as Schedule "A".
Fire Rescue Service Open Air Burning
6.10
The Fire Chief may, from time to time, authorize open air burning for the carrying out of training
exercises conducted by the Fire Rescue Service or burning debris as part of an authorized
wildfire fuel management project. Burning will be conducted in accordance with the Provincial
Open Burning Smoke Control Regulation.
Campfire Permit Applications
6.11
Every application for a Campfire Permit, shall be made in the form prescribed by the Fire
Chief as amended from time to time.
Campfire Permit Assessment
6.12
In response to a Campfire Permit application, a Member shall perform a site visit and do an
ignition potential and suppression capability assessment based on the Wildfire Exposure
Assessment and FireSmart Home Assessment published by Fire Smart Canada. The results of
the assessment shall be made available to the Owner of the Premises.
Campfire Permit Issuance
6.13
Where an application for a Campfire Permit is made under 6.11 the Fire Rescue Service may
issue the Campfire Permit if:
(a)
the Premises have been inspected by a Member in accordance with 6.12;
(b)
the proposed activity complies with this Bylaw and all other applicable Provincial and
Federal enactments and bylaws of the Municipality;
(c)
the Member who performed a site visit determines that the proposed activity can be
conducted with minimal risk of uncontrolled spreading of fire or nuisance smoke; and
(d)
the applicant has paid the applicable fee prescribed in Schedule "B" of this Bylaw.
6.14
If an applicant is not issued a Campfire Permit following an inspection of a Premises, the
applicant may request a re-inspection at a later date by paying the applicable fee prescribed in
Schedule "B" of this Bylaw.
Duration of Campfire Permits
6.15
A Campfire Permit is valid for four years and upon the expiry of the Campfire Permit, a person
seeking to renew the permit must make a new Campfire Permit application in accordance with
this Bylaw.
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Page 10
Conditions of Campfire Permit
6.16
The Fire Rescue Service may issue the Campfire Permit subject to any conditions intended to
eliminate any Fire Hazard in the immediate area. The conditions of the Campfire Permit must be
met before any fire or other activity authorized by the Campfire Permit commences.
Accumulation of Combustibles
6.17
No person shall accumulate or permit the accumulation of combustible materials or plant growth
in or around Premises in such a manner as to endanger property or to constitute a Fire Hazard.
6.18
A Fire Inspector may issue an order to any Owner or Occupier of a Premises to remove or
otherwise deal with an accumulation of materials or plant growth on those Premises and, upon
receipt of such order, that Owner or Occupier shall take whatever action is specified in the
Fire Inspector's order within the time period specified therein, failing which the Fire Rescue
Service may take whatever action is deemed necessary to remove the Fire Hazard at the
expense of the Owner or Occupier of the Premises.
Fire Damaged Buildings
6.19
The Owner of any Building damaged by fire, explosion or similar event shall immediately act
to ensure that the Building is guarded and 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.
Vacant Premises
6.20
The Owner of any Vacant Premises shall act promptly to ensure that, at all times:
(a)
the Premises are free from litter, debris and accumulations of combustible or
flammable materials that may constitute a fire hazard; and
(b)
all openings in any vacant Building are securely closed and fastened in a manner
acceptable to the Fire Chief to prevent the entry of unauthorized persons.
Floating Fire Lanterns
6.21 No person shall light or release a floating fire lanterns anywhere within the Municipality.
PART 7 - FIREWORKS REGULATIONS
Use of Fireworks
7.1
No person shall sell, give, possess, light, explode, activate or dispose of any Fireworks in the
Municipality except in strict accordance with this Bylaw.
7.2
No person shall light, explode or activate any Consumer Fireworks on any day other than January
1, October 31, November 1 and December 31 of each year.
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Page 11
Fireworks Permit
7.3
Every person must obtain a Fireworks Permit issued by the Fire Rescue Service to sell, transfer,
possess, light, explode, activate or dispose of any:
(a)
High Hazard Fireworks; or
(b)
Movie Pyrotechnics.
Fireworks Permit Application
7.4
Every application for a Fireworks Permit shall be made in the form prescribed by the Fire Chief
from time to time.
Fireworks Permit Issuance
7.5
Where an application for a Fireworks Permit is made to the Fire Rescue Service in the
prescribed form, the Fire Rescue Service may issue the Fireworks Permit if the applicant is over
the age of 18 and:
(a)
has submitted proof acceptable to the Fire Chief that the applicant holds a valid display
supervisor endorsement, senior pyrotechnician endorsement, or special effects
pyrotechnician endorsement, obtained in accordance with Part III of the Explosives
Regulations made under the Explosives Act (Canada);
(b)
has submitted a Fire Safety Plan in a form acceptable to the Fire Chief;
(c)
has submitted a site plan for the location at which the applicant intends to light, explode
or activate the High Hazard Fireworks or Movie Pyrotechnics, which site plan must be
drawn to scale, showing the direction of firing, separation distances, positions of
ramps and motors, any significant ground features, rights of way, Buildings and
structures, overhead obstructions, parking areas, spectator viewing areas, fallout zones,
traffic control patterns and locations of emergency vehicles;
(d)
has submitted an event description, including a time schedule of the event, attendance
estimates, lists of Fireworks to be used, firing procedures, emergency response
attendance, list of crew members and clean-up procedures;
(e)
has submitted proof of valid liability insurance by providing a copy of the applicant's
insurance policy, which policy shall list the name of the insurance company, the name
of the insured, the policy coverage dates, the type of coverage, the coverage amounts,
and the policy number; and
(f)
has paid the applicable fee prescribed in Schedule "B" of this Bylaw.
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Page 12
Fireworks Permit Conditions
7.6
The Fire Rescue Service may impose terms and conditions with respect to a Fireworks
Permit in relation to:
(a)
the manner in which High Hazard Fireworks and Movie Pyrotechnics may be lit,
exploded or activated;
(b)
the hours during which High Hazard Fireworks and Movie Pyrotechnics may be lit,
exploded or activated;
(c)
the level of required Fire Protection to be provided at the site when High Hazard
Fireworks and Movie Pyrotechnics are lit, exploded or activated; and
(d)
minimizing nuisance and public safety concerns.
Regulations
7.7
Every holder of a Fireworks Permit shall:
(a)
only sell, give, possess, light, explode, activate or dispose of those High Hazard
Fireworks and Movie Pyrotechnics specified in the Fireworks Permit and in
accordance with the terms and conditions of the Fireworks Permit;
(b)
present the Fireworks Permit to any seller from whom the Fireworks Permit holder
is purchasing High Hazard Fireworks or Movie Pyrotechnics;
(c)
ensure that sufficient Fire Protection is provided, at the Fireworks Permit holder's cost or
expense, at any site on which High Hazard Fireworks and Movie Pyrotechnics are to
be ignited, lit, explode or activate in accordance with:
(i)
the Fire Safety Plan submitted with the application for a Fireworks Permit; and
(ii)
any terms and conditions imposed by the Fire Rescue Service;
(d)
ensure that High Hazard Fireworks and Movie Pyrotechnics are lit, exploded or
activated only under the direct supervision of the Fireworks Permit holder; and
(e)
ensure that the Premises on which the High Hazard Fireworks and Movie Pyrotechnics
are lit, exploded or activated is cleared of all resulting debris.
PART 8 - FIRE AND SECURITY ALARM SYSTEMS
Activation of Fire Alarm System
8.1
No person shall 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
Fire and Life Safety Bylaw No. 2201, 2019
Page 13
imminent; or
(c)
the activation is carried out for testing purposes by a person designated a Registered
Fire Protection Technician under the Applied Science Technologists and Technicians
Act.
8.2
No person shall activate a Fire Alarm System for a mischievous purpose.
Designation of Contact Persons
8.3
Every Owner and Occupier of any Premises with a Fire Alarm System or automatic sprinkler
must submit to the Fire Rescue Service on an annual basis the names and phone numbers of
at least one contact person available twenty-four hours per day to attend, enter and secure the
Premises when notified to do so by the Fire Rescue Service.
Responsibilities of Contact Persons
8.4
Every contact person designated under section 8.3 must have full access to the Premises for
which they have responsibility and must attend at the Premises within thirty minutes of being
notified by the Fire Rescue Service to do so, in order to take control of and secure the Premises,
and release the Fire Rescue Service from the Incident on completion of its assistance response.
Failure of Contact Persons to Attend
8.5
Where a contact person designated under section 8.3 fails to attend at the Premises for which
they have responsibility within thirty minutes of being notified by the Fire Rescue Service to
do so:
(a)
the Fire Rescue Service may use whatever means necessary to gain entry to the
Premises to investigate the alarm without payment to the Owner or Occupier of any
compensation whatsoever for damaged caused to the Premises by such forced entry;
and
(b)
the Municipality may charge the Owner or Occupier of the Premises the Actual C osts
to the Municipality for all time during which the Fire Rescue Service equipment and
Members remained on standby at the Premises, commencing after the thirty minute
time period specified in this section, until such time as a contact person, Owner or
Occupier attends at, provides access to, or secures the Premises.
Changes to Designated Contact Person
8.6
If at any time during the year:
(a)
there is a change to the name or phone number of a contact person that the Owner
or Occupier has designated under section 8.3; or
(b)
an Owner or Occupier wishes to change its designated contact person;
that Owner or Occupier shall submit the new information to the Fire Chief, in the form
prescribed by the Fire Chief from time to time.
Fire and Life Safety Bylaw No. 2201, 2019
Page 14
System Protection
Pull Station Covers
8.7
Every Owner or Occupier of Premises who leases or otherwise provides a fire alarm system for
the Premises must install pull station covers, meeting the ULC/ORD- C268.16-97 standard.
Fees
8.8
The Municipality may charge the Owner or Occupier of real property the fees for a False Alarm
originating from that property in the amounts set out in Schedule "B" of this Bylaw.
PART 9 - EMERGENCY ACCESS AND EVACUATION
Fire Safety Plans
9.1
Every Owner or Occupier of any Building required by the Fire Code to have a Fire Safety Plan
prepared in cooperation with the Fire Rescue Service shall:
(a)
prepare the Fire Safety Plan in a form, format and diagram template acceptable to the
Fire Chief and submit the Fire Safety Plan to the Fire Chief;
(b)
pay the fee prescribed in Schedule "B" of this Bylaw;
(c)
review the Fire Safety Plan at least annually in accordance with the requirements of the
Fire Code and, if material changes have occurred in relation to the Building, use, or
occupancy, submit an updated Fire Safety Plan to the Fire Rescue Service for review;
and
(d)
locate a copy of the Fire Safety Plan next to the alarm panel on the Premises in a highly
visible weather proof box with a minimum size of 30cm x 30cm to allow for reference
and review by the Fire Rescue Service.
Failure to Prepare Plans
9.2
If the Owner or Occupier of any Building required to have a Fire Safety Plan fails to prepare,
submit or update the required plan in accordance with this Bylaw, the Fire Rescue Service may
prepare and update the required plan and may charge the Owner or Occupier the fee prescribed
in Schedule "B" of this Bylaw.
Street Addresses
9.3
An Owner of real property in the Municipality shall ensure that street addresses and suite
numbers are displayed in accordance with the following requirements:
(a)
the civic address that the Municipality has assigned to that property must be
displayed and must be legible from the street or roadway fronting the property at all
times of day and night, with each address number being not less than twenty
centimetres in height;
Fire and Life Safety Bylaw No. 2201, 2019
Page 15
(b)
where a property includes multiple Buildings with separate addresses assigned to each
of the buildings, the Building address shall be displayed on each Building in accordance
with paragraph (a);
(c)
where more than one property is accessed by a common driveway, the civic
address for each property shall be displayed at the entry to the driveway in
accordance with paragraph (a);
(d)
where a Building is set back from the street or roadway fronting the property such that
the assigned civic address is not clearly identifiable due to the distance from the street
or roadway, or where landscaping or architectural appendages or other obstructions
obstruct the visibility, the assigned civic address shall be displayed at the driveway
entrance from the street or road serving the Building as well as on the Building itself;
(e)
where a Building includes multiple individual units with separate suite numbers
assigned to each unit, the suite number for each unit shall be displayed in a visible
location at the entry to the unit, with each suite number being not less than twenty
centimetres in height; and
(f)
all letters and numbers must be of a colour which contrasts with the background
colour of the Building or other surface on which they are mounted.
9.4
The Owners and Occupiers of property located in a multi-residential complex shall ensure that
a site plan for the complex is posted at the main driveway entrance to the complex, which site
plan shall:
(a)
be visible at all times of day and night upon entry to the complex;
(b)
indicate the location, address or number of each unit in the complex, and the points
of access to each unit; and
(c)
be of a size that enables first responders to easily read and determine the location and
address of each unit without having to exit the emergency response vehicle.
PART 10 - FIRE PROTECTION EQUIPMENT
Connections for Building Sprinkler and Standpipe Systems
10.1
Every Owner and Occupier of a Building shall ensure that Fire Rescue Service connections for
sprinkler and standpipe systems for the Building are clearly identified, functional, kept in good
repair and maintained clear and free from obstructions at all times.
Fire Hydrants on Private Property
10.2
Every Owner and Occupier of a Premises on which a fire hydrant is located shall:
(a)
maintain the space around the hydrant with stable ground cover and a clear and
unobstructed area for a radius of at least one metre;
(b)
the base of hydrant should be 0.75 metres above finished grade at the hydrant.
Fire and Life Safety Bylaw No. 2201, 2019
Page 16
(c)
maintain ground cover and clearance around the hydrant so as to provide a clear view
of the hydrant from the street when being approached from either direction;
(d)
ensure the hydrant is maintained in good working condition at all times and that the
hydrant is inspected, serviced and tested at least yearly in accordance with the
requirements of the Fire Code;
(e)
at least yearly, have the hydrant flushed and drained; and
(f)
provide the Fire Chief with a written report of the inspection, servicing and testing
performed on the hydrant during the previous twelve months.
Use of Fire Hydrants
10.3
No person shall use or take water from any fire hydrant in the Municipality or make any
attachment thereto without first obtaining a Hydrant Use Permit or the written permission of the
General Manager of Infrastructure Services.
10.4
A person may apply for a Hydrant Use Permit by:
(a)
submitting the form of application specified by the General Manager of Infrastructure
Services;
(b)
agreeing to the conditions of use specified in the Hydrant Use Permit;
(c)
paying the application fee applicable to the duration of permit sought as prescribed in
Schedule "B" of this Bylaw; and
(d)
paying a deposit in the amount prescribed in Schedule "B" of this Bylaw, which deposit is
only to be refunded once backflow preventer valves provided by the Municipality are
returned.
10.5
Upon receipt of a complete application under section 10.4 of this Bylaw, the General Manager of
Infrastructure Services may:
(a)
issue a Hydrant Use Permit; or
(b)
refuse to issue a Hydrant Use Permit if the proposed use is deemed an by the General
Manager of Infrastructure Services to be an inappropriate use of hydrant water or is
expected to compromise the Municipality's water supply or firefighting capability.
10.6
No person shall tamper with any mechanical operation of a fire hydrant in the Municipality.
10.7
No person shall mechanically open any fire hydrant in the Municipality unless authorized to do
so by the General Manager of Infrastructure Services.
Fire and Life Safety Bylaw No. 2201, 2019
Page 17
Inspection and testing of fire protection equipment
10.8
Every person who is required under any provision of the British Columbia Fire Code to perform
or cause to be performed an inspection or test of Fire Protection equipment for a hotel, motel,
apartment building, strata building, boarding house, lodging house or public building, or to perform
or cause to be performed an inspection or test of fire suppression systems in commercial kitchen
exhaust systems, shall ensure that the inspection or test is performed by a person designated a
Registered Fire Protection Technician under the Applied Science
Technologists and
Technicians Act and in accordance with the British Columbia Fire Code.
10.9
Every person who is required to obtain an inspection or a test referred to in section 10.8 of
this Bylaw shall ensure that the inspection or test is recorded, or the Fire Protection
equipment tagged and labeled, in accordance with the British Columbia Fire Code and any
regulations or bylaws under the Applied Science Technologists and Technicians Act.
PART 11 - INSPECTION OF PREMISES
Authority for Inspection
11.1
Every Member is hereby authorized to enter at all reasonable times upon any Premises to
inspect and determine whether or not:
(a)
the Premises are so used or occupied that fire would endanger life or property;
(b)
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;
(c)
in the opinion of the Member, a Fire Hazard exists in or about the Premises; or
(d)
the requirements of this Bylaw and the Fire Code are being complied with.
Entry for Inspection
11.2
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 course of their
duties.
Provision of Information
11.3
Every Owner and Occupier of a Premises shall provide all information and shall render all
assistance required by the Fire Chief or any Member in connection with the inspection of the
Premises pursuant to this Bylaw.
False Information
11.4
No person shall purposely withhold or falsify any information required by the Fire Chief or any
Member, nor refuse to assist in the carrying out of any inspection of a Premises pursuant to
this Bylaw, the Fire Code or the Fire Services Act.
Fire and Life Safety Bylaw No. 2201, 2019
Page 18
PART 12 - ENFORCEMENT
Fire Orders
12.1
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 a Fire
Inspector, constitute a Fire Hazard or other danger to life or property, the Fire Chief or a Fire
Inspector may issue a written order requiring that person to take such action as is necessary to
ensure compliance with this Bylaw or to remove or otherwise deal with the Fire Hazard or other
danger, and every person who receives an order under this section shall carry out that order by
the date or time required.
Serving of Fire Orders
12.2
An order made by the Fire Chief or a Fire Inspector 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 property Owner of the Premises that
are the subject of the order; 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 are the subject of the order.
12.3
If an order has been posted in accordance with section 12.2 of this Bylaw, a person must not
remove, deface or destroy the order.
Dating of Fire Orders
12.4
Every order issued by the Fire Chief or a Fire Inspector shall state a date or time by which
the order shall be carried out, which date or time shall be determined in the discretion of the
issuer, having 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.
Inspection Upon Completed Remediation
12.5
Upon completion of all work required in an order made pursuant to this Bylaw, the person
to whom the order was directed shall notify the Fire Chief of such completion and the Fire Chief
or a Fire Inspector shall attend at the Premises to inspect the work.
12.6
If the Fire Chief or a Fire Inspector attends at the Premises in accordance with section 12.5
and discovers that the work is incomplete or not compliant with this Bylaw or the Fire Code,
the person to whom the initial order was directed shall complete or correct the work in the time
specified by the Fire Chief or the Fire Inspector, and the Fire Chief or a Fire Inspector shall
attend at the Premises to inspect the work. If the work is still incomplete or not compliant
with this Bylaw or the Fire Code, and the Fire Chief or Fire Inspector must attend at the Premises
to re-inspect the work, the person to whom the initial order was directed shall pay the re-
inspection fee prescribed in Schedule "B" of this Bylaw.
Fire and Life Safety Bylaw No. 2201, 2019
Page 19
Representations to the Fire Chief
12.7
A person who receives an order may request the Fire Chief consider cancelling or revising the
order by delivering written submissions to the Municipality's corporate officer no later than 3
days before the day by which the order must be carried out.
12.8
After considering written submissions provided under section 12.7, the Fire Chief may affirm,
modify or cancel an order issued under this Bylaw.
Municipal Action at Defaulter's Expense
12.9
Where a person has received an order made pursuant to the provisions of this Bylaw, has been
given an opportunity to make written submissions to the Fire Chief in respect of the matter
and has failed to comply with an order by the date specified in the order, the Municipality
may, by its employees, servants or agents, enter the Premises and effect such work as is
required in the order at the cost and expense of the recipient of the order, payable upon the
date stated on an invoice issued by the Municipality.
Penalties
12.10 A person who:
(a)
contravenes, violates or fails to comply with any provision of this Bylaw, any Campfire
Permit or Fireworks Permit, or any order issued under this Bylaw;
(b)
suffers or allows any act or thing to be done in contravention or violation of this
Bylaw, any Campfire Permit or Fireworks Permit, or any order issued under this
Bylaw; or
(c)
fails or neglects to do anything required to be done under this Bylaw, any Campfire
Permit or Fireworks Permit, or any order issued under this Bylaw;
commits an offence and, upon conviction, shall be liable to a fine of not more than Ten
Thousand Dollars ($10,000.00), and where the offence is a continuing one, each day that the
offence is continued shall constitute a separate offence.
Enforcement by Bylaw Notices or Municipal Ticket Information
12.11 This bylaw may be enforced by means of a ticket issued under the Bylaw Notice Enforcement
Bylaw No. 2174, 2018 or Municipal Ticket Information System Bylaw No. 1719, 2005 as
amended from time to time.
PART 13 - FEES AND COST RECOVERY
Inspection and Search Fees
13.1
Every person who obtains any of the following inspections or searches by the Fire Rescue
Service must pay the applicable fee prescribed in Schedule "B" of this Bylaw:
Fire and Life Safety Bylaw No. 2201, 2019
Page 20
(a)
a special request inspection of a Building, structure or site to determine
compliance with this Bylaw or the Fire Code;
(b)
a file search on occupancies of a Premises for outstanding Fire Code violations,
infractions or other related information.
Nuisance and Dangerous Goods Incidents
13.2
Every person having responsibility for the transport, storage or use of Dangerous Goods or
owning land on which Dangerous Goods are stored shall
be liable to pay the Actual Costs incurred by the Fire Rescue Service for the clean-up and safe
disposal of all such Dangerous Goods that spill or escape as a result of any Incident, which
Actual Costs include the equipment repair, replacement and decontamination costs.
Fees and Costs may be Added to Taxes
13.3
A fee imposed under this bylaw in relation to work or services to real property, including a
response to a False Alarm, that remains unpaid on December 31 in any year may be added to
and form part of the taxes payable on that property as taxes in arrears.
13.4
If this Bylaw authorizes or requires the Municipality to provide work or services to real property
at the Owner's or Occupier's expense, and the costs incurred and invoiced by the Municipality
for carrying out such work or services remain unpaid on December 31 of the year in which
they were due and payable, the Municipality may recover those costs from the Owner of the
property by adding them and causing them to form part of the taxes payable on the property
as taxes in arrears.
PART 14 - SEVERABILITY
14.1 If any part, section, subsection or phrase of this Bylaw is held to be invalid by a court of competent
jurisdiction, the invalid portion shall be severed and the remainder of this Bylaw will be
deemed to be enacted without the invalid portion.
PART 15 - REPEAL OF PREVIOUS BYLAWS
15.1
The following bylaws of the Municipality are hereby repealed:
(a) Fire Protection and Fireworks Bylaw No. 2046, 2014;
(b) Fire and Security Alarm Systems Bylaw No. 1955, 2010; and
(c) Inspection and Testing of Fire Protection, Equipment Bylaw No. 1754, 2006.
GIVEN FIRST, SECOND and THIRD READINGS this 17th day of December, 2019.
ADOPTED this 7th day of January, 2020
Jack Crompton,
Alba Banman,
Mayor
Municipal Clerk
Signed original on file
Signed original on file
Fire and Life Safety Bylaw No. 2201, 2019
Page 21
I HEREBY CERTIFY that this is a true copy of
"Fire and Life Safety Bylaw No. 2201, 2019".
Municipal Clerk, A. Banman
Fire and Life Safety Bylaw No. 2201, 2019
Schedule A
Page 1
SCHEDULE A: FIRE RESCUE SERVICE:
INTERFACE CONSTRUCTION AND MAINTENANCE REGULATIONS
The Resort Municipality of Whistler experiences "High" and "Extreme" fire danger ratings, as
defined by BC Wildfire Service. This creates a situation where construction in the wildland urban
interface can be a potential source of ignition resulting in a wildfire.
The interface areas in the Resort Municipality of Whistler are those areas where development
and maintenance activities are taking place in areas next to or among forested areas. To
determine if your construction site is subject to these regulations, contact [email protected] to
arrange for a site inspection.
The Whistler Fire Rescue Service referred to the Wildfire Regulations (B.C. Reg. 38/2005) as a
guideline in developing these regulations. They have been modified from their Industrial
application to reflect the urban construction environment.
Goal of the regulations:
The goal of these regulations is to ensure that sources of ignition are eliminated and/or
mitigation measures are put in place to reduce the risk of wildfires during Fire Danger Ratings
High and Extreme.
The following regulations shall apply to construction and other sites, such as a property
undergoing tree service work, unless a site specific exemption has been granted.
Restrictions During High Fire Danger Rating
When the fire danger rating is High, all high risk construction activity as defined in the Fire and
Life Safety Bylaw 2201, 2018 being carried on within 10 metres of the forest (the "interface area")
shall cease at 1300 hours each day.
Examples of high risk construction activity include:
a. Blasting
b. Excavating
c.
Drilling
d. Grinding
e. Hot works
A fire watch shall be maintained for a minimum of two hours after construction ceases.
Despite the above, the following activities may continue after 1300 hours during a High fire
danger rating:
a. Work inside a structure
b. Use of electrically powered equipment as authorized by a permit issued by the Fire Rescue
Service
c.
Work with hand tools
d. Heavy-duty equipment or small engines may continue to work in areas around a site where
they are not within 10 metres of the forest.
High risk construction activities in the interface area may resume to a regular schedule when the
fire danger rating is moderate or low.
Fire and Life Safety Bylaw No. 2201, 2019
Schedule A
Page 2
Restrictions During Extreme Fire Danger Rating
When the fire danger rating is Extreme, all high risk construction activity as defined in the Fire
and Life Safety Bylaw 2201, 2018 in the interface area shall cease.
Examples of high risk construction activity include:
a. Blasting
b. Excavating
c. Drilling
d. Grinding
e. Hot works
A fire watch shall be maintained for a minimum of two hours after construction ceases.
Despite the above, the following activities may continue during an Extreme fire danger rating:
a) Work inside a structure
b) Use of electrically powered equipment under a permit issued by the Fire Rescue Service
c) Work with hand tools
d) Heavy-duty equipment or small engines may continue to work in areas around a site where
they are not within 10 metres of the forest
When the fire danger rating falls from Extreme to High, high risk construction activities in the
interface area may resume to the restrictions during high fire danger rating.
All construction restrictions shall be lifted when the fire danger rating is moderate or low.
Exemptions
A person may apply for an Exemption to the above stated restrictions by submitting an
application in a form acceptable to the Fire Chief and pay the fee set out in Schedule "B" to the
Fire and Life Safety Bylaw 2201, 2018.
In response to an application, the Fire Rescue Service may grant an exemption to the above
stated construction restrictions on the condition that the person take mitigating measures
prescribed by a member of the Fire Rescue Service after a site specific inspection.
Mitigating measures may include any or all of the following:
a) Reduction of fuel
b) Changing moisture content of fuel
c) Provision of firefighting equipment
d) Designated smoking area
e) Other measures as determined necessary
An Exemption may be rescinded for failure to comply with the prescription for mitigating
measures or for other reasons as determined by the Fire Chief or designate.
Note: The ability to apply water to increase fuel moisture content may be impacted by sprinkler
restrictions and will be monitored. This may result in an Exemption being rescinded.
Construction sites using municipal fire hydrants will be required to obtain a Hydrant Usage
Permit.
To apply for an Exemption to the Construction Restrictions contact [email protected] or call 604-
935-8260 to arrange for a site inspection.
Fire and Life Safety Bylaw No. 2201, 2019
Schedule B
Page 1
SCHEDULE "B"
FEES AND COST RECOVERY
FIRE RESCUE SERVICES WORK OR SERVICE
SECTION
FEE
Inspection Service Fee:
Premises less than or equal to 5,000 square feet
in floor area
Premises greater than 5,000 square feet in floor
area
4.8.
$100.00 per year
$150.00 per year
Re-inspection fee (2nd and subsequent re-
inspection)
4.9
$300.00 per inspection
Fixing, replacing damaged equipment
5.6
Actual Costs
Campfire Permit Application/Inspection
6.13
No Fee
Campfire Permit Re-Inspection
6.14
$100.00
Fireworks Permit application
7.4(f)
$100.00
Attendance - standby service
8.5(b)
Actual Costs
False Alarm -
First or Second Alarm within 12-Month Period
8.9
No Fee
Third Alarm with 12-Month Period
Fourth Alarm or greater Alarm within 12- Month
Period
$200.00
$300.00
Review - Fire Safety Plan
9.1(b)
Actual Cost
Hydrant Use Application Fee
10.4(c)
$75.00 per hydrant per day
Re-inspection after an order
12.6
$150.00 per inspection
Special request fire inspection
13.1(a)
$150.00
File search
13.1(b)
$100.00
Nuisance and Dangerous Goods spill response
and abatement
13.2
Actual Costs
Work in default
13.3
Actual Costs
Application for Interface Construction Restriction
Exemption Permit
Schedule A $150.00
Fire and Life Safety Bylaw No. 2201, 2019
Schedule C
Page 1
SCHEDULE "C"
Fire Service Hourly Rates
1 Fire Truck and 4 firefighters
$575 per hour
1 Fire Truck and 2 firefighters
$285 per hour
Fire plan review by fire official
$150 per hour