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This document is an office consolidation of by-law amendments which has been
prepared for the convenience of the user. The City of Winnipeg expressly disclaims any
responsibility for errors or omissions.
CONSOLIDATION UPDATE: JANUARY 30, 2025
THE CITY OF WINNIPEG
BY-LAW NO. 35/2017
1
Short Title ........................................................................................................................................................ 3
2
Definitions ....................................................................................................................................................... 3
PART 1 GENERAL ................................................................................................................................................ 4
3
Adoption of Manitoba Fire Code ..................................................................................................................... 4
4
Powers of designated employees ................................................................................................................... 4
5
Application ...................................................................................................................................................... 4
6
Appeal of order or decision ............................................................................................................................. 4
7
Address for service .......................................................................................................................................... 4
PART 2 PERMITS ................................................................................................................................................ 5
8
Permits issued by designated employee ......................................................................................................... 5
9
Permit may be subject to conditions............................................................................................................... 5
10
Refusal to issue permits .................................................................................................................................. 5
11
Permit may be flexible..................................................................................................................................... 6
12
Applications for permits .................................................................................................................................. 6
13
Obligations of permit holder ........................................................................................................................... 6
14
Suspension and revocation of a permit ........................................................................................................... 6
15
Permit fees ...................................................................................................................................................... 6
16
Refund of fees ................................................................................................................................................. 7
PART 3 SMOKE ALARMS IN RESIDENTIAL RENTAL UNITS ..................................................................................... 7
17
Definitions ....................................................................................................................................................... 7
18
Smoke alarms mandatory in residential rental units ...................................................................................... 7
19
Installation of smoke alarms in residential rental units .................................................................................. 8
20
Minimum number of smoke alarms ................................................................................................................ 8
21
Location of smoke alarms ............................................................................................................................... 8
22
No replacement of "hardwired" smoke alarms .............................................................................................. 8
23
Tampering, removal, etc. of smoke alarms ..................................................................................................... 8
24
Smoke Alarm Records ..................................................................................................................................... 9
25
Owner's responsibility to tenants ................................................................................................................... 9
PART 4 FIRE PROTECTION/LIFE SAFETY INSTALLATIONS ...................................................................................... 9
26
Definitions ....................................................................................................................................................... 9
27
Inspection, maintenance and testing of fire protection/life safety installations required ........................... 10
28
Service licences ............................................................................................................................................. 10
29
Suspension or revocation of service licence ................................................................................................. 10
By-law No. 35/2017
2
30
Label requirements ....................................................................................................................................... 11
31
Label where deficiencies are corrected......................................................................................................... 13
32
Offence to fill out label without licence or to provide false information on label ........................................ 13
33
Offence to damage, tamper with, etc. .......................................................................................................... 13
34
Inoperable fire alarm system ........................................................................................................................ 13
35
Inoperable fire alarm system constitutes an emergency .............................................................................. 14
PART 5 FIRE EXTINGUISHER TRAINING LICENCE ................................................................................................. 14
36
Definitions ..................................................................................................................................................... 14
37
Fire extinguisher trainers must be licenced .................................................................................................. 14
38
Issuing fire extinguisher training licence ....................................................................................................... 14
39
Expiration of licence ...................................................................................................................................... 15
PART 6 STORAGE IN PARKING GARAGES ............................................................................................................ 15
40
Definitions ..................................................................................................................................................... 15
41
Storage not permitted ................................................................................................................................... 16
42
Storage lockers prohibited ............................................................................................................................ 16
43
Storage locker requirements ......................................................................................................................... 16
PART 7 FIREWORKS, PYROTECHNIC EFFECTS AND FLAME DISPLAYS ................................................................... 17
44
Definitions ..................................................................................................................................................... 17
45
Unauthorized fireworks prohibited ............................................................................................................... 18
46
Sale and distribution of fireworks ................................................................................................................. 18
47
Storage of fireworks ...................................................................................................................................... 19
48
Fireworks, Pyrotechnic Special Effects or Flame Effects Display Permits ..................................................... 19
49
Fireworks displays ......................................................................................................................................... 20
50
Fireworks on City property ............................................................................................................................ 20
51
Pyrotechnic special effects displays .............................................................................................................. 21
52
Sky lanterns prohibited ................................................................................................................................. 21
53
Incidents must be reported ........................................................................................................................... 21
PART 8 MOBILE FOOD SERVICE OPERATIONS ..................................................................................................... 22
54
Definitions ..................................................................................................................................................... 22
55
Mobile food service unit location .................................................................................................................. 23
56
Commercial grade cooking equipment ......................................................................................................... 23
57
Explosive gas and carbon monoxide detectors required .............................................................................. 23
58
Fire extinguishers required ........................................................................................................................... 23
59
Inspection and servicing of fire protection equipment ................................................................................. 23
60
Fire protection equipment training ............................................................................................................... 23
61
WFPS label required ...................................................................................................................................... 23
62
Other label requirements .............................................................................................................................. 24
PART 9 MISCELLANEOUS ................................................................................................................................... 24
63
Occupant load sign ........................................................................................................................................ 24
64
No parking in fire lanes ................................................................................................................................. 24
65
Compliance with other legislation ................................................................................................................. 25
66
Conflict with other by-laws ........................................................................................................................... 25
67
Schedules ...................................................................................................................................................... 25
68
Fees ............................................................................................................................................................... 25
By-law No. 35/2017
3
69
Fire Prevention By-law repealed ................................................................................................................... 25
70
Minimum Penalties ....................................................................................................................................... 25
71
Coming into force .......................................................................................................................................... 27
SCHEDULE "A" SMOKE ALARM LOG ................................................................................................................... 31
SCHEDULE "B" Smoke Alarm Regulations for Rental Properties in Winnipeg ...................................................... 34
SCHEDULE "C" ..................................................................................................................................................... 36
THE CITY OF WINNIPEG
BY-LAW NO. 35/2017
A By-law of THE CITY OF WINNIPEG to adopt the
Manitoba Fire Code and to establish standards and
requirements for a variety of situations to prevent
fires and increase life safety.
THE CITY OF WINNIPEG, in Council assembled, enacts as follows:
1
Short Title
1
This by-law may be cited as "The Fire Prevention By-law".
2
Definitions
2
In this By-law
"Act" means The Fires Prevention and Emergency Response Act, C.C.S.M. F80;
"Chief" means the Fire and Paramedic Chief or Acting Fire and Paramedic Chief of the
City of Winnipeg;
"Designated Committee" means the Standing Policy Committee on Community
Services;
amended 137/2022
"designated employee" means the Fire and Paramedic Chief of the City of Winnipeg
and any employee of the City to whom he or she has delegated in writing the authority to
enforce or administer all or part of this By-law in accordance with section 23(3) of the
Act, or the City of Winnipeg Charter, SM 2002, c. 39, as the case may be;
amended 126/2024
"fee" means the applicable fee as established by Council;
"fire protection/life safety installation" means an item listed in Schedule "C" and that
is required by the Manitoba Fire Code to be tested, inspected or cleaned;
By-law No. 35/2017
4
"Manitoba Building Code" and "National Building Code of Canada", when used in
this By-law, means the building construction codes and standards adopted by the
Winnipeg Building By-law No. 4555/87;
"Manitoba Fire Code" means the National Fire Code of Canada, adopted and
amended by regulation pursuant to the Act; and
"owner", in relation to real property, includes a person who is responsible for the real
property and any person managing a building, whether on his or her own account or as
agent or trustee of any other person.
PART 1
GENERAL
3
Adoption of Manitoba Fire Code
3(1)
The Manitoba Fire Code is hereby adopted and forms part of this By-law, and a violation
or contravention of the Manitoba Fire Code is a violation or contravention of this By-law.
3(2)
For the purposes of this By-law, references in the Manitoba Fire Code to the "local
authority" are references to the City of Winnipeg.
4
Powers of designated employees
4
Designated employees may conduct inspections and take steps to administer and
enforce this By-law or remedy a contravention of this By-law in accordance with The City of
Winnipeg Charter and, for those purposes, have the powers of a "designated employee" under
The City of Winnipeg Charter.
5
Application
5
Unless otherwise stated, the obligation for compliance with the provisions of this By-law
is imposed on both the owner and the occupant of a property.
6
Appeal of order or decision
6(1)
Where a person is entitled to an appeal of an order or a decision under this By-law by
virtue of The City of Winnipeg Charter, the appeal may be made to the Designated Committee
in accordance with The City of Winnipeg Charter.
6(2)
No appeal may be accepted by the City Clerk until the fee has been paid to the City
Clerk.
7
Address for service
7
Where an address for service must be determined, one of the following may be used
(a)
if the person to be served is the owner of real property, the address maintained
by the tax collector for the purpose of issuing the tax notice for that property;
By-law No. 35/2017
5
(b)
if the person to be served is the occupant of real property, the street address for
that property; or
(c)
if the person to be served has within the previous 12 months provided his or her
address in an application for a permit, license, waiver, refund, or opt-in under this
By-law, the address provided in the application.
amended 126/2024
PART 2
PERMITS
8
Permits issued by designated employee
8
Any permit required under this By-law must be issued by a designated employee.
9
Permit may be subject to conditions
9
A permit may be issued subject to reasonable conditions designed to reduce, eliminate
or mitigate nuisances or hazards to people or property associated with the activity.
10
Refusal to issue permits
10(1) The designated employee may refuse to issue a permit where
(a)
the designated employee determines that the activity cannot be conducted
without violating this By-law, another by-law of the City or a provincial or federal
statutory provision;
(b)
the designated employee determines that the applicant lacks the skills and
knowledge necessary to conduct the activity safely and in compliance with this
By-law, other relevant by-laws of the City or relevant provincial or federal
statutory provisions;
(c)
the designated employee determines that no conditions can be imposed that
would allow the activity to be conducted safely;
(d)
the applicant is neither in legal possession of the property on which the activity is
to take place nor has written permission from the occupant of the property to
conduct the activity;
(e)
the applicant has been found guilty of failing to comply with conditions imposed
on a similar permit or this By-law or other relevant by-laws within the past year;
(f)
a similar permit issued to the applicant has been revoked within the past year; or
(g)
the applicant is not eighteen years of age or older.
10(2) A permit may be withheld until and unless a designated employee has inspected and
approved the location at which the activity is proposed to take place.
By-law No. 35/2017
6
11
Permit may be flexible
11
A permit
(a)
may be issued for a specific occasion or for an extended period of time; and
(b)
may allow for more than one instance of an activity at a single area or location.
12
Applications for permits
12
Applicants for permits must provide information reasonably required by the designated
employee to assess the application, which may include, among other things:
(a)
the name, address and telephone number of the applicant;
(b)
the address or legal description of the land on which the applicant proposes to
conduct the activity;
(c)
the skill, knowledge and experience of the person or persons conducting the
activity; and
(d)
information concerning the activity and the circumstances in which the activity will
be carried on.
13
Obligations of permit holder
13
A person to whom a permit has been issued must:
(a)
comply with this By-law and the conditions imposed in the permit at all times
during the term of the permit.
(b)
ensure that the permit is available for examination by a designated employee at
the site of the permitted activity.
14
Suspension and revocation of a permit
14
Where a permit holder has contravened any of the conditions of a permit issued under
this By-law, the provisions of this By-law or any provisions of the Manitoba Fire Code, or where
a designated employee concludes that atmospheric conditions or other circumstances make the
permitted activity unsafe, a designated employee may
(a)
suspend the permit for a specified period of time or until the contravention has
been remedied or specified conditions are met; or
(b)
revoke the permit.
15
Permit fees
15(1) Subject to subsection (2), a fee must be paid by the applicant before a permit may be
issued by the designated employee.
By-law No. 35/2017
7
15(2) Notwithstanding subsection (1), the Chief may waive all or part of a permit fee where the
activity for which a permit is sought is being conducted by or on behalf of the City or a non-profit
organization.
16
Refund of fees
16(1) Subject to subsection (2), where a permit is revoked or voluntarily surrendered, the Chief
may refund all or a portion of the permit fee where
(a)
the revocation was not due to a violation of this By-law or other dangerous
actions on the part of the applicant; and
(b)
the time and effort expended by the Fire Paramedic Service to process and
administer the permit has been minimal.
16(2) Notwithstanding subsection (1), where all or a portion of the permit is refunded, the
permit cancellation fee as established by Council must be retained.
PART 3
SMOKE ALARMS IN RESIDENTIAL RENTAL UNITS
17
Definitions
17
In this Part
"acceptable smoke alarm" means a smoke alarm that
(a)
has a permanent connection to an electrical circuit; or
(b)
is powered by a ten-year lithium battery
and is approved by the designated employee; and
"residential rental unit" means any dwelling unit that is used or intended to be used to
provide sleeping accommodations for one or more persons and, without limiting the
generality of the foregoing, includes a house, condominium, apartment, suite, hotel or
motel room, room in a rooming house, dormitory room and room in a boarding house,
but does not include any dwelling unit that is occupied by its owner as his or her principal
residence.
18
Smoke alarms mandatory in residential rental units
18(1) The owner of a residential rental unit must ensure that all smoke alarms are installed
and maintained in accordance with this Part.
18(2) Whereas the lack of a required smoke alarm constitutes an emergency, therefore a
member of the Winnipeg Fire Paramedic Service is authorized to install a functioning smoke
alarm in rented residential premises to bring it into compliance with this By-law if
(a)
a required smoke alarm in the building is missing or malfunctioning; and
By-law No. 35/2017
8
(b)
the building owner or his or her agent:
(i)
cannot be contacted by a member of the Winnipeg Fire Paramedic
Service after 30 minutes of reasonable efforts to make contact; or
(ii)
is unable or unwilling to have a functioning smoke alarm installed as
required by this By-law within one hour of being contacted by a member
of the Winnipeg Fire Paramedic Service and being directed to have a
functioning smoke alarm immediately installed.
19
Installation of smoke alarms in residential rental units
19
Except where a provision of this By-law provides otherwise, smoke alarms in a
residential rental unit must be installed in accordance with the most recent edition of the
"Standard for the Installation of Smoke-Alarms", published by the Underwriters' Laboratories of
Canada and approved by the Standards Council of Canada.
20
Minimum number of smoke alarms
20
At least one acceptable smoke alarm must be installed and maintained in every
residential rental unit.
21
Location of smoke alarms
21(1) Where a cooking area is directly accessible from a sleeping area in a residential unit, an
acceptable smoke alarm must be installed and maintained within the sleeping area.
21(2) A smoke alarm located
(a)
in a residential rental unit that consists of a single room;
(b)
within ten feet of the entrance to a bathroom;
(c)
within ten feet of a cooking area; or
(d)
within ten feet of a cooking appliance in a motel or hotel room;
must be equipped with a pause, hush, silencer or false alarm control feature.
21(3) Where it is not possible or reasonable to achieve compliance with this section, a
designated employee may approve an alternate location for an approved smoke alarm.
22
No replacement of "hardwired" smoke alarms
22
An owner of a residential rental unit must not replace an approved smoke alarm that has
a permanent connection to an electrical circuit with a smoke alarm powered by another source.
23
Tampering, removal, etc. of smoke alarms
23(1) Except to repair or replace it, no person may damage, tamper with, destroy, disconnect
or remove an approved smoke alarm after it has been installed.
By-law No. 35/2017
9
23(2) Where a smoke alarm has been damaged, tampered with, destroyed, disconnected or
removed or has actuated false alarms on two or more occasions within a twelve month period, a
designated employee may require the installation of a photoelectric smoke alarm acceptable to
the designated employee.
24
Smoke Alarm Records
24
The owner of a residential rental unit must
(a)
at the outset of each new tenancy and at least annually thereafter, ensure that
smoke alarms are maintained and tested and, if necessary, that batteries or the
alarms are replaced in compliance with the latest edition of CAN/ULC-S552
"Standard for the Maintenance and Testing of Smoke Alarms" published by the
Underwriters Laboratory of Canada and approved by the Standards Council of
Canada;
(b)
record the information required in Schedule "A" and retain this record for at least
two years at or near the site of the residential rental unit.
25
Owner's responsibility to tenants
25
The owner of a residential rental unit must supply each tenant with a copy of Schedule
"B" at the outset of each new tenancy and at the time of each annual smoke alarm inspection
and test.
PART 4
FIRE PROTECTION/LIFE SAFETY INSTALLATIONS
26
Definitions
26
In this Part
"boiler" has the same meaning as in the Steam and Pressure Plants Act, C.C.S.M. c.
S210;
"fire alarm system" means a system of interconnected devices operating in a
coordinated manner to provide early warning of a fire;
"HP" has the same meaning as in the Steam and Pressure Plants Act, C.C.S.M. c.
S210;
"label" means an informational sticker required to be affixed to a fire protection/life
safety installation by this Part;
"licenced service person" means an individual who holds a current, valid service
licence issued under this By-law to test, inspect or maintain a particular type of fire
protection/life safety installation in compliance with the Manitoba Fire Code;
"service licence" means a licence issued under subsection 28(1); and
By-law No. 35/2017
10
"trades licence" means the relevant Provincial Trades Licence issued by the Manitoba
Department of Labour.
27
Inspection, maintenance and testing of fire protection/life safety installations required
27
The owner of a building in which a fire protection/life safety installation listed in Schedule
"C" has been installed or is required by the Manitoba Fire Code to be installed must ensure that
the fire protection/life safety installation is inspected, tested and maintained by a licenced
service person.
28
Service licences
28(1) Subject to this section, a designated employee may issue or renew a licence authorizing
an individual to inspect, test and maintain one or more type of fire protection/life safety
installations only if the individual
(a)
holds a valid trades licence;
(b)
provides evidence that he or she meets or continues to meet the qualifications
set out in Schedule "C" (or as otherwise established under this section) for the
type of fire protection/life safety installation for which the service licence or
renewal of a service licence is sought; and
(c)
pays a fee.
28(2) A fee is payable prior to a service licence being issued and is not reduced if the service
licence is valid for a period of time shorter than the validity period of any trades licence held by
the person to whom the service licence has been issued.
28(3) Where specified in Schedule "C", the Chief may establish standards and qualifications
that individuals must meet or obtain in order to be issued a service licence.
28(4) The standards and qualifications referred to in subsection (3) may be based on the
individual having completed training or education courses or having received a certification
designation that the Chief considers sufficient evidence of that individual's competence in
performing the test, inspection or maintenance required with respect to the particular type of fire
protection/life safety installation or class thereof.
28(5) Notwithstanding subsection (1), where an individual does not hold the qualifications set
out in Schedule "C" for a particular type of fire protection/life safety installation, the Chief may
nevertheless issue a service licence to that individual with respect to that type of fire
protection/life safety installation if the individual provides evidence to the satisfaction of the
Chief of his or her competence to perform the tests, inspections or maintenance required by the
Manitoba Fire Code with respect to that type of fire protection/life safety installation.
29
Suspension or revocation of service licence
29(1) A designated employee may suspend or revoke a service licence if:
(a)
the licenced service person has failed to comply with the requirements of
subsection 28(1);
By-law No. 35/2017
11
(b)
past conduct of the licenced service person creates a reasonable concern that he
or she will not comply with subsection 28(1) in the future;
(c)
the licenced service person has inspected or maintained a particular type of fire
protection/life safety installation without first obtaining a service licence or with an
expired service licence;
(d)
the licenced service person fails to test, inspect or maintain a particular type of
fire protection/life safety installation in compliance with the Manitoba Fire Code;
(e)
past conduct of the licenced service person creates a reasonable concern that he
or she will fail to test, inspect or maintain a particular type of fire protection/life
safety installation in compliance with the Manitoba Fire Code in the future;
(f)
the licenced service person tests, inspects or maintains a particular type of fire
protection/life safety installation which they are not qualified to test, inspect or
maintain, as the case may be; or
(g)
the licenced service person provides false or misleading information in the
service licence application that has an effect on the decision to grant the service
licence.
29(2) Before suspending or revoking a service licence under subsection (1), the designated
employee must:
(a)
notify the licenced service person in writing that suspension or revocation of the
service licence is being considered;
(b)
provide in writing the reasons why suspension or revocation of the service
licence is being considered; and
(c)
give the licenced service person a reasonable opportunity to be heard
concerning the possible suspension or revocation of the service licence.
29(3) If a designated employee decides to revoke a service licence, he or she must identify the
date before which, or the time frame within which, the licenced service person is not permitted
to reapply for the service licence.
29(4) A decision concerning the suspension or revocation of a licence must be sent to the
licenced service person in accordance with The City of Winnipeg Charter and is subject to
appeal.
29(5) Any service licence that is revoked under this section must be immediately returned to
the designated employee.
30
Label requirements
30(1) Subject to subsection 30(6), the owner of a building must ensure that a valid, up-to-date
label conforming with this By-law is affixed to each fire protection/life safety installation specified
in Schedule "C"
By-law No. 35/2017
12
(a)
at the location;
(b)
at the point in time; and
(c)
by a licenced service person
all as specified in Schedule "C".
30(2) Subject to subsection (4), the label
(a)
must be applied with adhesive so that it cannot be easily removed;
(b)
must not obscure any visual indicators or instructions on the fire protection/life
safety installation;
(c)
must not interfere with any locking device or the operation of the fire
protection/life safety installation; and
(d)
must be legible at all times.
30(3) The label must contain:
(a)
a statement that the fire protection/life safety installation has been inspected,
tested, maintained or cleaned in accordance with the Manitoba Fire Code;
(b)
the date of the inspection, test or cleaning;
(c)
the date on which the next inspection, test or cleaning is required;
(d)
the address of the property at which the fire protection/life safety installation was
tested, inspected or cleaned;
(e)
the name, signature and service licence number of the licenced service person
who conducted the inspection, test or cleaning and the company by whom the
person was employed, if applicable;
(f)
either a statement that the installation is fully functional or a statement that the
installation is not fully functional;
(g)
either a statement that the system has deficiencies or a statement that the
system does not have deficiencies; and
(h)
a statement that the label does not substitute for a report on the inspection, test
or cleaning where such a report is required by the Manitoba Fire Code.
30(4) Notwithstanding subsection (2), a label may be attached to a hose system by way of a
string or wire rather than being applied with adhesive.
30(5) The owner of a building must ensure that expired labels are removed from the fire
protection/life safety installation or are entirely covered by a valid, up-to-date label.
By-law No. 35/2017
13
30(6) The requirements under this section are satisfied where an inspection certificate has
been issued pursuant to the Steam and Pressure Plants Act, C.C.S.M c. S210, for inspections
completed for boilers not exceeding 50 HP.
31
Label where deficiencies are corrected
31(1) Where deficiencies identified in an inspection, test or cleaning have been corrected after
a label referring to the deficiencies has been affixed to the fire protection/life safety installation,
the owner of a building must ensure that a new label that reflects the fact that the deficiencies
have been corrected is affixed to the fire protection/life safety installation.
31(2) A label affixed in compliance with subsection (1) must:
(a)
set out the date of the original inspection;
(b)
set out the name, signature and service licence number of the licenced service
person who corrected the deficiencies; and
(c)
set out the date on which the next inspection, test or cleaning is required, as
calculated from the date of the original inspection,
all of which must be printed in red ink in contrast with the rest of the label contents.
32
Offence to fill out label without licence or to provide false information on label
32(1) A person commits an offence if he or she
(a)
provides information on a label without holding a valid licence to test, inspect or
maintain the type of fire protection/life safety installation to which the label
applies;
(b)
attaches a label to a fire protection/life safety installation that contains information
provided by an unlicensed individual; or
(c)
provides false information on a label.
32(2) The owner of a building commits an offence if he or she permits a label that contains
false information or information that has been provided by an unlicensed individual to be
attached to a fire protection/life safety installation in the building.
33
Offence to damage, tamper with, etc.
33
A person commits an offence if he or she damages, tampers with, destroys, disconnects
or removes all or any part of a fire protection/life safety installation.
34
Inoperable fire alarm system
34(1) The owner of a building must ensure that a fire alarm system is operable at all times.
By-law No. 35/2017
14
34(2) The owner of a building may affix a label to the fire alarm system which includes the
name, address and telephone number of a licenced service person who is authorized by the
owner to act as the owner's agent and at the owner's expense to make the fire alarm system
operable when it is inoperable.
35
Inoperable fire alarm system constitutes an emergency
35
Whereas an inoperable fire alarm constitutes an emergency, where a fire alarm system
is inoperable and where the owner or a licenced service person identified on a label affixed to
the fire alarm system as the owner's agent, if any, are unable to make the system operable
forthwith, a designated employee may take whatever actions or measures are necessary to
meet the emergency, including evacuating the building in which the inoperable fire alarm system
is located.
PART 5
FIRE EXTINGUISHER TRAINING LICENCE
36
Definitions
36
In this part:
"training" means formal instruction provided to occupants of a property on the
following:
(a)
the proper use of a fire extinguisher;
(b)
fire safety; and
(c)
fire prevention; and
"training licence" means a licence issued under subsection 38(1).
37
Fire extinguisher trainers must be licenced
37
An individual must not conduct training in the use of a fire extinguisher in satisfaction of
a legislative or statutory obligation without holding a valid and subsisting training licence issued
under this Part.
38
Issuing fire extinguisher training licence
38(1) Subject to subsection (2), a designated employee may issue a training licence
authorizing an individual to conduct training in the use of a fire extinguisher only if the individual
(a)
has paid a fee; and
(b)
has successfully completed the "Train the Trainer for Fire Extinguishers" course
provided by the Winnipeg Fire Paramedic Service, Public Education Branch,
within two years prior to applying for the training licence.
By-law No. 35/2017
15
38(2) Notwithstanding clause 38(1)(b), the Chief may authorize a training licence to be issued
under subsection (1) or renewed under section 39 to an individual who has successfully
completed education and training programs or courses that the Chief considers to be equivalent
to the education and training required by clause 38(1)(b).
39
Expiration of licence
39
A designated employee may renew a training licence issued under subsection 38(1) only
if the individual to whom the training licence was issued:
(a)
pays the fee set out in the Schedule of Fees and Charges for the licence; and
(b)
either provides evidence that he or she has met the qualifications set out in
clause 38(1)(b) within two years prior to the renewal date or qualifies for a
renewal of the licence under subsection 38(2).
PART 6
STORAGE IN PARKING GARAGES
40
Definitions
40
In this Part
"combustible load" means the total contents of a storage locker;
"combustible materials" means:
(a)
flammable or combustible liquids;
(b)
raw or untreated lumber, wood or wood products;
(c)
propane and other compressed gas cylinders;
(d)
firearm ammunition;
(e)
fireworks, as defined by this By-law;
(f)
explosives, as defined by The Explosives Act, RSC 1985, c E-17; and
(g)
any other dangerous goods as set out in the Manitoba Fire Code;
"garage" means a residential parking garage designed as a Group F, Division 3
Storage Garage for vehicle storage pursuant to the National Building Code of Canada;
"sprinklered" has the same meaning as in the Manitoba Fire Code; and
"storage locker" means a free-standing structure, which may be affixed to a wall or the
floor if required for stability, used for storage and which meets the requirements as set
out in this Part.
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41
Storage not permitted
41
Storage is not permitted in a garage, except:
(a)
storage of a vehicle; and
(b)
storage of no more than two (2) bicycles or empty metal collapsible grocery carts
within a delineated parking space.
42
Storage lockers prohibited
42
Storage lockers in a garage are not permitted, except where:
(a)
the storage lockers form part of the original design or construction of the garage;
or
(b)
the owner provides the designated employee with a stamped engineer's report
which confirms that the storage lockers meet all requirements under this By-law,
the Manitoba Fire Code and the Manitoba Building Code.
43
Storage locker requirements
43
Subject to section 42 and in addition to the standards and requirements of the Manitoba
Building Code and the Manitoba Fire Code, the owner must ensure at all times that
(a)
storage lockers comply with the following requirements:
(i)
no more than one storage locker is permitted within each delineated
parking space;
(ii)
the total aggregate area of all storage lockers must not exceed 10% of
the total area of the garage;
(iii)
storage lockers must not be more than 3 feet deep and must not be wider
than a delineated parking space;
(iv)
storage lockers must not be located so as to cause any vehicle parked in
the parking space where the storage locker is located to extend beyond
the length of the parking space and into the drive aisle of the parking
garage; and
(v)
the storage locker door, top, and walls (rear, front, and sides), and all
shelving within the storage locker, must be constructed of wire mesh
designed with a minimum open area of no less than 70% affixed directly
to the framing material to permit sprinkler penetration into the storage
locker, and
(b)
that the garage is sprinklered such that:
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(i)
the system of automatic sprinklers is designed and installed in
conformance with the Manitoba Fire Code;
(ii)
a sprinkler head is located outside of each storage locker so as to ensure
that water from the sprinkler head can completely penetrate and saturate
the storage locker and its contents; and
(iii)
the top of each storage locker is no higher than 18 inches below the
nearest sprinkler head.
PART 7
FIREWORKS, PYROTECHNIC EFFECTS AND FLAME DISPLAYS
44
Definitions
44
In this Part
"Explosives Regulations" means the Explosives Regulations, 2013, SOR/2013-211;
"fireworks" means those items included in Class 7 of the Explosives Regulations and
includes low hazard fireworks, high hazard fireworks and pyrotechnic special effects;
"fireworks display" means any occasion in which fireworks are ignited, fired or set off;
"Fireworks Display Permit" means a permit issued under clause 48(1)(a);
"Fireworks Distribution Permit" means a permit issued under subsection 46(1);
"fireworks supervisor" means an individual who has been certified by the Explosives
Regulatory Division of Natural Resources Canada to supervise fireworks displays;
"flame effect" means the combustion of flammable solids, liquids or gases to produce
thermal, physical, visual or audible phenomena;
"flame effect appliance" means the complete assembly of components and other
devices used to control and generate a flame effect;
"Flame Effects Display Permit" means a permit issued under clause 48(1)(c);
"flame effect operator" means an individual with responsibility for the safe operation of
the flame effect appliance;
"high hazard fireworks" means fireworks in Class 7, Division 2, Subdivision 2 of the
Explosives Regulations;
"low hazard fireworks" means fireworks in Class 7, Division 2, Subdivision 1 of the
Explosives Regulations;
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"pyrotechnic special effects" means fireworks to which the Pyrotechnics Special
Effects Manual, Edition 2, published by the Explosives Regulatory Division of Natural
Resources Canada applies and includes black powder bombs, bullet effects, flash
powder, smoke compositions, gerbs, lances and wheels;
"Pyrotechnic Special Effects Display Permit" means a permit issued under s.
48(1)(b); and
"sky lantern" means a small hot air balloon made of paper or other material with an
opening at the bottom which has a small fire, candle or fuel cell is affixed such that when
ignited the lantern will rise into the air.
45
Unauthorized fireworks prohibited
45
No person may
(a)
possess;
(b)
ignite, fire or set off or cause to be ignited, fired or set off;
(c)
sell, cause or permit to be sold or offer for sale
any fireworks, except those on a list maintained by the Chief Inspector of Explosives for the
Government of Canada pursuant to section 24 of the Explosives Regulations.
46
Sale and distribution of fireworks
46(1) No person may sell, offer for sale or distribute any fireworks, and no person being the
owner, occupant or person in charge of any premises may permit any fireworks to be sold,
offered for sale or distributed on the premises without either a fireworks distribution permit or a
small quantity fireworks distribution permit issued by the designated employee.
46(2) The designated employee may issue a small quantity fireworks distribution permit on
condition that no high hazard fireworks and no more than 25 kilograms gross weight of low
hazard fireworks are stored on the site for which the permit is issued.
46(3) No person may sell, offer for sale or distribute any fireworks, and no person being the
owner, occupant or person in charge of any premises may permit any fireworks to be sold,
offered for sale or distributed on the premises to anyone under eighteen years of age.
46(4) Any person who sells, offers for sale or distributes fireworks or who, being the owner,
occupant or person in charge of any premises, permits any fireworks to be sold, offered for sale
or distributed on the premises must ensure that the fireworks being offered for sale are either
packaged or stored in a manner that prevents members of the public from having direct physical
contact with the fireworks other than under the supervision of the permit holder or the permit
holder's agent.
46(5) Any person who sells, offers for sale or distributes fireworks must provide at the time of
the sale or distribution printed information in a form approved by the Chief advising the
purchaser or recipient of the fireworks that no fireworks may be ignited, fired or set off within the
City of Winnipeg without a Fireworks Display Permit issued by the designated employee.
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47
Storage of fireworks
47(1) Any person who stores and handles fireworks must do so in a manner that minimizes the
risk that they will be set off accidentally or in violation of this By-law.
47(2) Any person who stores
(a)
more than 1000 kilograms gross weight of low hazard fireworks; or
(b)
any amount of high hazard fireworks or pyrotechnic special effects
must obtain a Dangerous Quantities Fireworks Storage Permit for this purpose from the
designated employee.
47(3) No person may store
(a)
more than 1000 kilograms gross weight of low hazard fireworks; or
(b)
any amount of high hazard fireworks or pyrotechnic special effects
except inside a building which meets the sprinkler system requirements for buildings classified
as High Hazard Industrial in the Manitoba Fire Code.
47(4) The designated employee may exempt a person from the requirements of subsection (3)
where he or she determines that an adequate level of public safety is achieved at the proposed
storage facility for the fireworks, taking into account
(a)
the location of the storage facility relative to other buildings and activities;
(b)
the preventative measures taken to prevent the fireworks from being set off in the
facility;
(c)
the measures taken to suppress and contain fireworks that have been set off in
the facility; and
(d)
any other factor deemed to be relevant by the designated employee.
48
Fireworks, Pyrotechnic Special Effects or Flame Effects Display Permits
48(1) No person may ignite, fire or set off or cause to be ignited, fired or set off, and no owner
or occupant of premises may permit to be ignited, fired or set off on the premises:
(a)
any fireworks without a Fireworks Display Permit issued by the designated
employee;
(b)
any pyrotechnic special effects without a Pyrotechnic Special Effects Display
Permit issued by the designated employee; or
(c)
any flame effects or cause any flame effects without a Flame Effects Display
Permit issued by the designated employee.
48(2) A Fireworks, Pyrotechnic Special Effects or Flame Effects Display Permit may not be
issued to an individual under the age of 18 years.
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48(3) A Fireworks, Pyrotechnic Special Effects or Flame Effects Display Permit for a display
involving high hazard fireworks, pyrotechnic special effects or flame effects may not be issued
to anyone other than a fireworks supervisor or a flame effect operator.
48(4) Notwithstanding subsection (3), the designated employee may waive the requirement for
a fireworks supervisor or a flame effect operator.
48(5) A Fireworks, Pyrotechnic Special Effects or Flame Effects Display Permit may be
withheld until and unless the applicant provides evidence that he or she has obtained insurance
for the display of a type and in an amount sufficient, in the opinion of the designated employee,
to provide reasonable coverage for any accidental harm that may result from the fireworks
display.
49
Fireworks displays
49(1) No person under the age of 18 years may ignite, fire or set off any fireworks or cause
any fireworks to be ignited, fired or set off.
49(2) No person may ignite, fire or set off any fireworks or cause any fireworks to be ignited,
fired or set off in a place or in a manner that might cause a danger to people or property or that
might create a nuisance.
49(3) No person may ignite, fire or set off any fireworks or cause any fireworks to be ignited,
fired or set off in or on or into any highway, street, lane, square or any other public place except
as otherwise permitted by this By-law.
49(4) No person may ignite, fire or set off any high hazard fireworks or cause high hazard
fireworks to be ignited, fired or set off except in conformity with the current issue of the Display
Fireworks Manual published by the Explosives Regulatory Branch of Natural Resources
Canada.
49(5) A person who ignites, fires or sets off fireworks must do so in a manner consistent with
the safety of people and property and, in particular, may do so only while:
(a)
safeguards are in place to keep spectators at a safe distance; and
(b)
suitable fire extinguishing equipment is at hand,
all as determined by and to the satisfaction of the designated employee.
49(6) Immediately following a fireworks display, a person who ignited, fired or set off any
fireworks or who caused fireworks to be ignited, fired or set off must ensure that all unused
fireworks are removed and safely disposed of.
50
Fireworks on City property
50(1) Subject to subsection (2), no person may ignite, fire or set off fireworks on or over land
owned by the City of Winnipeg or over which the City has possession or control unless the
person has:
(a)
obtained permission to do so from the City department with responsibility for the
land;
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(b)
agreed in writing to assume all liability associated with the fireworks display, fully
indemnifying the City and saving it harmless from any liability associated with the
fireworks display; and
(c)
deposited with the Corporate Risk Manager of the City of Winnipeg a certificate
of insurance that, in the opinion of the Corporate Risk Manager, is sufficient to
provide the indemnification referred to in clause (b).
50(2) Clauses (b) and (c) of subsection (1) do not apply to fireworks ignited, fired or set off by
individuals while acting out of or in the course of their duties as directors, employees or
volunteers of community centres, business improvement zones and other entities for which
insurance is purchased by the City of Winnipeg.
51
Pyrotechnic special effects displays
51
No person may ignite, fire or set off any pyrotechnic special effects or cause any
pyrotechnic special effects fireworks to be ignited, fired or set off except in conformity with the
current issue of the Pyrotechnics Special Effects Manual published by the Explosives
Regulatory Branch of Natural Resources Canada.
52
Sky lanterns prohibited
52(1) No person may
(a)
ignite; or
(b)
release while ignited,
a sky lantern within the City of Winnipeg.
52(2) Any person who offers for sale, causes or permits to be sold, or otherwise distributes sky
lanterns within the City of Winnipeg must post a notice in a conspicuous location located in the
point of sale area which indicates that igniting sky lanterns or releasing sky lanterns while
ignited is not permitted within the City of Winnipeg.
53
Incidents must be reported
53
A fireworks supervisor, flame effect operator or a person to whom a permit has been
issued under section 48 must immediately report to the Designated Employee in the event of
any incident of accident, injury, damage to property or misfire, and such report shall include the
type, make and brand of firework, flame effect or pyrotechnic product involved in the incident.
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PART 8
MOBILE FOOD SERVICE OPERATIONS
54
Definitions
54
In this part
"commissary" means an establishment in which food is stored, prepared, portioned or
packaged, or any combination of these, for use by one or more mobile food service
unites and which may be the base of operations for one or more mobile food service
units, where such unit(s), and the equipment, utensils and facilities of such unit(s), are
serviced, cleaned, sanitized, supplied and maintained;
"Electrical Appliance Label" means a label entitled "OFC Special Acceptance
Electrical Appliance Label", applied to an electrical appliance by Manitoba Labour's
Mechanical and Engineering Branch to indicate that the electrical appliance has been
inspected and approved by the Office of the Fire Commissioner;
"food truck" means a commercial food service or catering operation contained in and
operated from a vehicle or enclosed trailer that is readily moveable and contains
commercial cooking equipment, fuel-fired appliances, propane tanks or generators of
any kind, and in which food is prepared, processed or cooked;
"Gas Appliance Label" means a label entitled "OFC Special Acceptance Gas
Appliance Label", applied to a gas appliance by Manitoba Labour's Mechanical and
Engineering Branch to indicate that the gas appliance has been inspected and approved
by the Office of the Fire Commissioner;
"label" means a label required to be affixed to a fire protection/life safety installation;
"mobile food service unit" means a food truck or push cart;
"NFPA 96" means the NFPA 96: Standard for Ventilation Control and Fire Protection of
Commercial Cooking Operations published by the National Fire Protection Association
and any replacement document published by the National Fire Protection Association;
"Provincial Health Inspection Label" means a label applied to a mobile food service
unit by the Manitoba Health Protection Unit to indicate that the mobile food service unit
has undergone an annual inspection and has been issued a valid permit under the Food
and Food Handling Establishments Regulation, M.R. 339/88R;
"push cart" means a cart or trailer that is readily moveable and is used to prepare or
cook foods and contains fuel-fired appliances, propane tanks or deep-fryers; and
"WFPS Label" means a label affixed to a mobile food service unit to indicate that a Fire
Safety inspection of the mobile food service unit has been completed by the Winnipeg
Fire Paramedic Services Fire Prevention Branch and includes the date of that
inspection.
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55
Mobile food service unit location
55
When parked, all mobile food service units must maintain a distance of 3 metres
between the rear-most point of the mobile food service unit and the front bumper of any other
mobile food service unit or other vehicle to allow sufficient access to the mobile food service unit
and to any generator and/or propane tanks affixed to the mobile food service unit.
56
Commercial grade cooking equipment
56
All commercial grade cooking equipment within a mobile food service unit must be
designed, installed and maintained in accordance with NFPA 96.
57
Explosive gas and carbon monoxide detectors required
57
Each and every mobile food service unit equipped with a fuel-fired cooking appliance
must have Explosive Gas and Carbon Monoxide Detectors permanently installed within that
portion of the mobile food service unit where the fuel-fired cooking appliance is located.
58
Fire extinguishers required
58(1) A size 2A 10BC portable fire extinguisher must be installed in every mobile food service
unit and commissary in accordance with the Manitoba Fire Code.
58(2) Where a mobile food service unit is equipped with commercial grade cooking equipment,
a portable K class fire extinguisher must be installed.
59
Inspection and servicing of fire protection equipment
59
All fire protection/life safety installations within mobile food service units or commissaries
must be inspected and serviced by a licenced service person and must have a label affixed in
accordance with section 30.
60
Fire protection equipment training
60
All occupants and employees of a mobile food service unit or commissary must be
knowledgeable in all emergency procedures in place for the mobile food service unit, including
the proper use of all fire protection/life safety installations, the use and safe handling of propane,
and the use and safe handling of any generators.
61
WFPS label required
61(1) All mobile food service units and commissaries operating within the City of Winnipeg
must display a WFPS label in accordance with this section.
61(2) Any mobile food service unit or commissary operating within the City of Winnipeg not
displaying a WFPS label must immediately cease operations until such time as a Fire Safety
Inspection is completed and a WFPS label is issued.
61(3) A Fire Safety Inspection must be completed and a new WFPS label must be obtained
following any modifications or alterations, excluding minor repairs or regular maintenance, to
any mobile food service unit or commissary.
61(4) The WFPS label must be affixed to the mobile food service unit or commissary:
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(a)
within 25 cm of the rear licence plate if the mobile food service unit is registered
with Manitoba Public Insurance; or
(b)
in a conspicuous location.
62
Other label requirements
62(1) All mobile food service units equipped with gas appliances must provide valid
documentation upon demand that indicates that the mobile food service unit has undergone an
installation inspection by and has received approval for all gas appliances from the Manitoba
Office of the Fire Commissioner.
62(2) All mobile food service units equipped with ventilation systems, interlocks and controls
must display a valid electrical appliance label on or in the immediate vicinity of the
manufacturer's appliance rating plate for the ventilation system.
PART 9
MISCELLANEOUS
63
Occupant load sign
63
Unless an Occupant Load Placard has been issued and posted pursuant to the
Winnipeg Building By-law No. 4555/87, the owner of a building with an assembly occupancy
where the occupant load is greater than 60 people must obtain an occupant load sign from a
designated employee and post it as required by article 2.7.1.4 of the Manitoba Fire Code.
64
No parking in fire lanes
64(1) The owner and occupant of a building are each responsible for ensuring that:
(a)
streets, yards and roadways provided for fire department access are maintained
so as to be ready for use at all times by fire department vehicles; and
(b)
signs are posted which prohibit parking in a manner that obstructs access by fire
department vehicles to the building or to streets, yards and roadways provided
for fire department access.
64(2) The operator of a vehicle must not park a vehicle and the owner of a vehicle must not
allow it to be parked:
(a)
in a manner that obstructs access to a building by vehicles owned or operated by
the Winnipeg Fire Paramedic Service; or
(b)
in violation of signs that have been posted by the owner of a building in
compliance with subsection (1) or Article 2.5.1.5 or a successor provision of the
Manitoba Fire Code which prohibit vehicles from being parked to obstruct access
by fire department vehicles.
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65
Compliance with other legislation
65
Nothing in this By-law reduces or eliminates the obligation of any person to comply with
the requirements of statutes or regulations of the Manitoba Legislature, other City by-laws or
relevant Codes.
66
Conflict with other by-laws
66
To the extent that it is not possible to comply with the requirements of this By-law and
the requirements of any other City by-law, the requirements of this By-law apply.
67
Schedules
67
Schedules "A", "B" and "C", attached hereto, form an integral part of this By-law.
68
Fees
68(1) Subject to subsection (2), the inspection fee must be paid by the person identified by
Council, or pursuant to powers delegated by Council, as being responsible for payment of the
fee.
68(2) The Chief may waive an inspection fee in respect of a property owned or leased by the
City of Winnipeg.
68(3) The Chief may determine the term of service licences required under Part 4 and, where
an annual licence fee has been established, may reduce the total fee payable for multi-year
licences by up to 10% per year of the multi-year licence to a maximum discount of 30%.
68(4) A person who fails to pay an inspection fee commits an offence and is punishable upon
summary conviction by a minimum fine of no less than double the amount of the fee.
68(5) The Chief may charge the fee for public education services where unusual costs are
incurred in providing the service.
68(6) For the purposes of the Schedule of Fees and Charges, "regular office hours" means
8:00 a.m. to 4:30 p.m. Monday to Friday except holidays recognized in the current collective
agreement between the City of Winnipeg and the United Fire Fighters of Winnipeg.
68(7) Where a smoke alarm is installed pursuant to subsection 18(2), the fee for the
installation of each smoke alarm in the building is payable by the owner of the building.
69
Fire Prevention By-law repealed
69
The Winnipeg Fire Prevention By-law No. 150/2004 is hereby repealed.
70
Minimum Penalties
70(1) The owner of a building who fails to comply with
amended 103/2021
(a)
the following sections of this By-law:
(i)
section 20 (minimum number of smoke alarms in residential rental units);
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26
(ii)
section 30 (damaging, tampering with, destroying, disconnecting or
removing a smoke alarm);
(iii)
subsection 32(2) (permitting a label referred to in subsection 32(1) to be
attached to a fire protection/life safety installation);
(iv)
subsection 48(1) (fireworks, pyrotechnics special effects or flame effects
display permit required); or
(b)
the following Articles of the Manitoba Fire Code:
(i)
Article 2.1.5.1 (portable fire extinguisher requirements);
(ii)
Article 2.7.1.3. (maximum occupant load for assembly occupancy);
(iii)
Article 2.7.1.4. (occupant load in an assembly occupancy with occupant
loads exceeding 60 persons to be posted);
(iv)
Article 2.7.1.6. (maintenance of means of egress);
(v)
Article 2.7.3.1. (installation and maintenance of exit lighting, exit signs
and emergency lighting);
(vi)
Article 2.8.1.3. (keys for fire alarm system or access to fire protection
systems or equipment);
(vii)
Article 3.1.1.4. (storage and handling of liquefied petroleum); or
(viii)
Article 6.2.1.1. (inspection, testing and maintenance of portable fire
extinguishers);
is subject under the Provincial Offences Act to a minimum fine of $500.00 or to imprisonment for
a term of not more than six months, or both
71
Enforcement under the Municipal By-law Enforcement Act
added 103/2021
72
70.1(1) Subject to the Municipal By-law Enforcement Act Enabling By-law, a person who
contravenes a provision of this By-law that is referred to in Schedule A of the Municipal By-law
Enforcement Act Enabling By-law must pay the administrative penalty for that contravention set
out in that Schedule. If an Early Payment Discount amount is set out for a provision in that
Schedule, a person who is issued a penalty notice for a contravention of that provision may,
within 14 days after the penalty notice has been issued, voluntarily pay to The City of Winnipeg
the applicable Early Payment Discount amount and will thereafter not be prosecuted for
contravention.
70.1(2) Subject to the Municipal By-law Enforcement Act Enabling By-law, a person who
contravenes a provision of the Manitoba Fire Code that is referred to in Schedule A of the
Municipal By-law Enforcement Act Enabling By-law must pay the administrative penalty for that
contravention set out in that Schedule. If an Early Payment Discount amount is set out for a
provision in that Schedule, a person who is issued a penalty notice for a contravention of that
provision may, within 14 days after the penalty notice has been issued, voluntarily pay to The
By-law No. 35/2017
27
City of Winnipeg the applicable Early Payment Discount amount and will thereafter not be
prosecuted for contravention.
72(1) An individual who contravenes subsection 32(1) is subject upon summary conviction to a
fine of $690.00.
72(2) Notwithstanding subsection (2), an individual who contravenes clauses 32(1) may pay a
discounted fine of $300.00 plus mandatory court costs as provided by The Summary
Convictions Act within 14 days following the date the offence notice alleging the contravention
was issued and thereafter will not be prosecuted for the contravention.
73
Coming into force
73(1)
deleted 126/2024
PART 10
FIRE PROTECTION SERVICE FEES
added 126/2024
Definitions
73.1
In this Part
"disaster" has the same meaning as under the Act;
"eligible vacant building fire" means any fire that caused a person to incur original
fees;
"fire protection service fees" means such fees as may be established by Council in
accordance with section 74, and also includes the fees established under section 78;
"original fees" means the fees established by Council and formerly enforced through
Division 3.2 and Schedule E of the Vacant Buildings By-law No. 79/2010;
"owner" has the same meaning as under the Vacant Buildings By-law No. 79/2010;
"Schedule A inspection" means an inspection conducted pursuant to section 15(2) of
the Vacant Buildings By-law No. 79/2010; and
"vacant" has the same meaning as under the Vacant Buildings By-law No. 79/2010.
Fire Protection Service Fees established
74
Subject to this Part, when a fire occurs at a vacant building, the owner of that vacant
building shall be required to pay such fire protection service fees as may be established by
Council from time-to-time.
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28
Exemptions from Fire Protection Service Fees
75
The owner of a vacant building is not required to pay fire protection service fees if
(a)
the building is vacant at the time of the fire, but no Schedule A inspection was
conducted with respect to that vacancy before the fire occurred; or
(b)
the fire that affects the building
(i)
originates on another property, and that other property is not owned by
the same owner at the time of the fire;
(ii)
is predominantly caused by a disaster or weather event; or
(iii)
is predominantly caused by a vehicle colliding with the building.
Waiver of Fire Protection Service Fee
76
Upon application by the owner of a vacant building or a person who has opted-in to this
Part in accordance with section 78, and payment of any application fee established by the City,
(a)
the designated employee must waive fire protection service fees, in whole or in
part as applicable, if they determine that the fire protection service fees were
issued in error; or
(b)
the designated employee may waive fire protection service fees, in whole or in
part, if they determine that the fire was the first fire to occur in a vacant building
at the subject property since March 1, 2023 or, if the fire occurs on or after March
1, 2028, that the fire was the first fire to occur in a vacant building at the subject
property within the past 5 years
but the designated employee may not waive fees under this Part unless the application is
received within 30 days after the fire protection service fees are payable.
Considerations for waiver decisions
77
When considering a waiver application under subsection 76(b), the designated
employee must consider the following factors
(a)
whether the applicant
(i)
is a corporation or organization whose preponderant purpose is not the
earning of a profit;
(ii)
is a charity registered with the Canada Revenue Agency; or
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(iii)
has a history of using their properties to build affordable housing;
(b)
whether the applicant has a history of compliance with this By-law, the Vacant
Buildings By-law No. 79/2010 or any other City by-laws, at the subject property or
elsewhere; and
(c)
whether the applicant has demonstrated commitment to improving or remediating
the subject property, including by
(i)
promptly complying with orders issued under this By-law, the Vacant
Buildings By-law No. 79/2010, or the Neighbourhood Liveability By-law
No. 1/2008; or
(ii)
taking steps to demolish, develop, or renovate the subject property
and the designated employee may interpret and apply the criteria set out in this section, and
determine the appropriate weight to be placed on each criterion.
Opting-in to updated fee structure
78
Subject to section 79, upon application by any person that incurred original fees, the
designated employee shall cancel the original fees and the applicant shall be required to pay
the following fire protection service fees:
(a)
$10,000.00, if the original fees were imposed with respect to the first eligible
vacant building fire to occur on the subject property after March 1, 2023;
(b)
$20,000.00, if the original fees were imposed with respect to the second eligible
vacant building fire to occur on the subject property after March 1, 2023;
(c)
$30,000.00, if the original fees were imposed with respect to the third eligible
vacant building fire to occur on the subject property after March 1, 2023; or
(d)
$50,000.00, if the original fees were imposed with respect to the fourth or
subsequent eligible vacant building fire to occur on the subject property after
March 1, 2023
but the designated employee must not accept an application for opt-in unless that application is
submitted on or before April 30, 2025.
amended 11/2025
Refunds of excess original fees
79
Where a person
(a)
incurred original fees;
By-law No. 35/2017
30
(b)
has paid all or part of those original fees; and
(c)
the designated employee
(i)
is required to cancel those original fees pursuant to section 78, resulting
in the imposition of fire protection service fees; or
(ii)
has decided to waive all or a portion of those fire protection service fees
in accordance with section 76
the designated employee shall refund the difference, if any, between the amount of the original
fees paid by the owner and the amount of the reduced or waived fire protection service fees.
Refund of fire protection service fees
80(1) Upon payment of an application fee established by the City, an owner or a person who
has opted-in to this Part under section 78 may apply to the Chief for a determination as to
whether fire protection service fees were paid or applied in error.
80(2) An application under subsection (1) must be submitted within 30 days after the relevant
fire protection service fees were paid in full.
80(3) Where the Chief reviews an application submitted under subsection (1) and determines
that the fire protection service fees were paid or applied in error, the Chief may refund all or part
of the fire protection service fees in order to correct the error.
Application fees refundable where fire protection services fees issued in error
81(1) Where a designated employee has determined that fire protection service fees were paid
or applied in error, they may refund all or part of any application fee paid in accordance with
section 76.
81(2) Where the Chief has determined that fire protection service fees were paid or applied in
error, they may refund all or part of any application fee paid in accordance with section 80.
DONE AND PASSED, this 26th day of April , 2017.
By-law No. 35/2017
31
SCHEDULE "A"
SMOKE ALARM LOG
Building Address:
Owner's/Caretaker's Name:
Owner's/Caretaker's Signature:
DATE
YY/MM/DD
SUITE
NO.
TENANT'S NAME
(please print)
SMOKE ALARM
CLEANED,
INSPECTED &
TESTED
SATISFACTORY*
NEW SMOKE
ALARM
INSTALLED**
SMOKE ALARM
REGULATIONS
PROVIDED
TENANT'S SIGNATURE
(optional)
OWNER'S/
CARETAKER'S
CONTRACTOR'S
INITIALS
* See reverse side for CAN/ULC S-552 annual inspection and testing requirements.
** The Winnipeg Fire Paramedic Service Strongly Recommends That Smoke Alarms Be Replaced After Ten Years.
By-law No. 35/2017
32
CAN/ULC S-552 Annual Testing and Maintenance Requirements
GENERAL
➢
Each smoke alarm must be visually inspected to ensure that the smoke alarm is
securely fastened to the ceiling or wall.
➢
Each smoke alarm must be visibly inspected to ensure that it is not obstructed in a
manner that would prevent smoke from reaching or entering the smoke alarm. The
ventilation holes of the smoke alarm must be kept clean.
➢
Testing and inspections of smoke alarms and batteries, as well as the replacement of
batteries, must be carried out in accordance with the manufacturer's recommendations,
or where the manufacturer's instructions are not available, inspection, testing and
maintenance must be carried out in accordance with the requirements stipulated in the
Fire Prevention By-law. (More frequent testing provides a greater assurance of
operability.)
MAINTENANCE AND ANNUAL TESTING
➢
The exterior of the smoke alarm must be vacuumed. A household vacuum cleaner may
be used. A brush attachment may assist in removing accumulated dust on the cover.
(AC powered smoke alarms should only be vacuumed externally and no attempt should
be made to open the case.)
➢
After vacuuming, each smoke alarm must be tested using smoke or simulated smoke
intended to test smoke alarms or by means of the test button. (Smoke may be
generated with a smoldering incense stick, punk stick, or a cotton string in a suitable
metal or fire resistant container.) Caution: Never use open flames to test the operation
of smoke alarms and dispose of smoldering material used for testing in a manner that
does not create a fire hazard.
REPLACEMENT
➢
Smoke alarms must be replaced if:
A.
The smoke alarm does not sound an alarm during either the smoke test or
testing by means of a test button or after having the battery replaced in battery
operated units;
B.
The exterior case is physically damaged or has been painted;
C.
The smoke alarm is covered in smoke stains or heavy grease or dirt
accumulation;
D.
The smoke alarm causes frequent false alarms that are not the result of cooking
or steam.
E.
Battery terminals are corroded; or
F.
A low battery signal sounds in a 10 year non-replaceable lithium battery powered
smoke alarm.
➢
It is strongly recommended that smoke alarms be replaced after 10 years of service.
By-law No. 35/2017
33
ADDITIONAL TESTING AND BATTERY REPLACEMENT
➢
Back-up batteries in AC powered smoke alarms must be replaced immediately when a
low battery signal sounds. (Battery operated smoke alarms sound an intermittent
audible signal to indicate a low battery condition.)
➢
Smoke alarms must be tested in accordance with a smoke test or by means of the test
button after a change in tenants or when the occupants have been absent for more than
seven consecutive days.
➢
AC powered smoke alarms must be tested either in accordance with the smoke test or
by means of the test button after any changes have been made to the electrical system
in the dwelling unit. (Electrical switches installed to control lighting or receptacles may
not remove power to the smoke alarm.)
➢
If smoke alarms are interconnected with carbon monoxide detectors, the carbon
monoxide detectors must be tested in accordance with the manufacturer's instructions.
By-law No. 35/2017
34
SCHEDULE "B"
Smoke Alarm Regulations for Rental Properties in Winnipeg
If you live in a rental property in Winnipeg, please read this brochure carefully. It contains
important information about smoke alarms in rental homes and apartments -- information that
could save your life. It will help you make sure you and your family are protected if there's a
fire; know your rights and obligations.
YOUR LANDLORD'S OBLIGATIONS
Your landlord must:
-
Install a smoke alarm in your rental unit. This smoke alarm must be:
-
a hard-wired, 120-volt AC powered smoke alarm; or
-
an acceptable 10-year lithium-powered smoke alarm.
-
Make sure the smoke alarm is always working.
-
Test and clean your smoke alarm at least once a year to make sure it's working properly.
-
Re-test the smoke alarm whenever a new tenant moves in.
-
Show you how to use and test the smoke alarm.
-
Provide phone numbers for you to call if your smoke alarm isn't working properly.
-
Replace a smoke alarm that isn't working properly within 24-hours of being notified or
finding out about it.
-
Report you to the City of Winnipeg Fire Prevention Branch if you tamper with a smoke alarm
or any other fire safety equipment.
YOUR OBLIGATIONS AS A TENANT
You must:
-
Never tamper with a smoke alarm. It's against the law and you can be charged under the
Fire Prevention bylaw. You could be fined up to $1,000 and/or sent to jail for up to 6 months.
Also, your landlord can give you as little as five days' notice to move if you are caught
tampering with a smoke alarm.
-
Tell your landlord or caretaker immediately if your smoke alarm isn't working. Be sure to
write down the date and time that you reported it.
-
Call the Winnipeg Fire Prevention Branch at 311 if your landlord doesn't repair or replace
your smoke alarm within 24-hours.
You should also:
-
Ask your caretaker to show you how to test the smoke alarm in your rental unit. Test your
smoke alarm every month and write down the date that you did the test. When you press
and hold the test button, the smoke alarm should start and the alarm should sound. Be sure
to test hard-wired alarms, too. The light on the alarm only means there is power to the
alarm.
By-law No. 35/2017
35
-
Ask your caretaker to show you how to use the pause, hush or silence button on your alarm,
if it has one. This button allows you to turn off the alarm for a while if you burn toast or your
oven is smoking. The alarm will beep while it is paused and will reset after 10 minutes.
-
Make sure the caretaker gives you phone numbers to call if your smoke alarm isn't working
properly.
-
Plan your home escape in case of fire. Make sure your family knows the plan and that you
practice "escaping" from your home regularly. If you'd like to know more about home escape
plans, call the Fire Prevention Branch at 311.
IF YOU HAVE ANY QUESTIONS:
-
Call the City of Winnipeg Fire Prevention Branch at 311 if you have any questions about
smoke alarms or general fire safety.
-
Call the Residential Tenancies Branch at 945-2476 if you have any questions about rental
properties in Winnipeg.
By-law No. /2017
36
SCHEDULE "C"
Fire Protection/Life
Safety Installation
Label Location
Action Required
Service Personnel
Qualifications
Fire Alarm System
In a visible location on the main
fire alarm control unit.
Immediately following annual test and
inspection (see Manitoba Fire Code
section 6.3 and ULC-S536, "Inspection
and Testing of Fire Alarm Systems") and
upon Verification of a Fire Alarm System.
Set out in Manitoba Fire Code
article 6.3.1.5.
Emergency Power System
In a visible location on the
transfer switch. If no transfer
switch exists, then on the
generator.
Immediately following annual test and
inspection (see Manitoba Fire Code
section 6.5 and CAN/CSA C282-O,
"Emergency Electrical Power Supply for
Buildings").
Certification by a manufacturer
of emergency power systems
and a Limited Specialized Trade
(Generator) Electricians' Licence
issued by the Province of
Manitoba.
Firefighters Full Service
Elevators
In a visible location adjacent to
the Department of Labour
elevator certificate and in a
manner so as not to obscure the
certificate.
Immediately following every 4th test and
inspection required by Manitoba Fire
Code, sentence 7.2..1.1.(1) and
sentences 7.2.2.1. (1) and (2) and
immediately following the emergency
power test required by Manitoba Fire
Code, sentence 7.2.2.1. (3).
Elevator Mechanic licence
issued by International Union of
Elevator Constructors or an
Electrician's License Class M
(Elevating Devices) issued by
the Province of Manitoba.
Partial Service Firefighter
Elevators (4304/86
Residential Fire Upgraded
buildings only)
In a visible location adjacent to
the Department of Labour
elevator certificate and in a
manner so as not to obscure the
certificate.
In conformance with the requirements of
the Residential Buildings Fire Safety By-
law No. 4304/86.
Elevator Mechanic licence
issued by International Union of
Elevator Constructors or an
Electrician's License Class M
(Elevating Devices) issued by
the Province of Manitoba.
By-law No. 35/2017
37
Unit Equipment for
Emergency Lighting
In a visible location on each
battery pack. For units located
at high ceilings, the label may be
filed with the building owner or
occupant of the space.
Immediately following annual test and
inspection (see Manitoba Fire Code
subsection 6.5).
Set out in Manitoba Fire Code
article 6.3.1.5 or a certified
electrician.
Fire Pump
In a visible location on controller.
If no controller, then on fire
pump.
Immediately following annual test and
inspection (see Manitoba Fire Code
subsection 6.4.1.).
Sprinkler System Installer
licence issued by the Province of
Manitoba or Red Seal
Endorsement
Sprinkler System (more than
9 heads)
In a visible location at the main
control valve.
Immediately following annual test and
inspection (see Manitoba Fire Code
subsection 6.4.1.).
Sprinkler System Installer
licence issued by the Province of
Manitoba or Red Seal
Endorsement
Hose System
In a visible location on female
hose coupling or inside hose
cabinet.
Immediately following each annual
inspection and every service test (see
Manitoba Fire Code subsection 6.4.1. and
NFPA 1962 "Care, Use and Service
Testing of Fire Hose Including Couplings
and Nozzles").
Sprinkler System Installer
licence issued by the Province of
Manitoba or certified servicing
agency as set out in Manitoba
Fire Code article 6.4.1.1. or Red
Seal Endorsement
Standpipe System
In a visible location at top of riser
at most remote valve in vicinity
of pressure gauge.
Immediately following 5 year test and
inspection (see Manitoba Fire Code
subsection 6.4.1. and NFPA 25,
"Inspection, Testing and Maintenance of
Water-Based Fire Protection Services").
Sprinkler System Installer
license issued by the Province of
Manitoba.
By-law No. 35/2017
38
Heating System - Fuel-Fired
other than Wood Burning
In a visible location on each
heating system unit or in the
case of a Condominium
Corporation labels may be filed
with the Property Management
firm for the Condominium
Corporation. For roof-top units
and units located at high
ceilings, the label may be filed
with the building owner or
occupant of the space.
Immediately following annual test and
inspection (see Manitoba Fire Code
article 2.6.1.6.).
Gas Fitter licence issued by
Province of Manitoba.
Heating System - Wood
Burning
In a visible location in the vicinity
of the appliance or in the case
of a Condominium Corporation
labels may be filed with the
Property Management firm for
the Condominium Corporation.
Immediately following annual test and
inspection (see Manitoba Fire Code
article 2.6.1.6.).
As determined by the Chief
pursuant to clause 28(3).
Smoke Control System
(For High Buildings as
defined in Subsection 3.2.6.
of the Manitoba Building
Code)
In a visible location on each fan.
Immediately following 2 year test and
inspection (see Manitoba Fire Code
section 7.3.).
Certified technician through the
Canadian Associated Air
Balance Council.
Special Extinguishing
Systems - Water Based
In a visible location on each
main control valve.
Immediately following annual test and
inspection (see Manitoba Fire Code
article 2.1.3.5. and NFPA 11, " Low
Expansion Foam", NFPA 11A, "Medium
and High-Expansion Foam Systems";
NFPA 15, "Water Spray Fixed Systems
for Fire Protection"; NFPA 16,
"Installation of Foam-Water Sprinkler and
Foam-Water Spray Systems"; NFPA 18,
Sprinkler System Installer
license issued by the Province of
Manitoba.
By-law No. 35/2017
39
"Wetting Agents" ).
Special Extinguishing
Systems - Wet & Dry
Chemical
In a visible location on each
main control valve.
Immediately following semi-annual test
and inspection (see Manitoba Fire Code
article 2.1.3.5. and NFPA 17, "Dry
Chemical Extinguishing Systems"; NFPA
17A, "Wet Chemical Extinguishing
Systems").
A certificate of training,
acceptable to a designated
employee, from a public post-
secondary educational
institution, or certification in
accordance with ULC/ORD-
C1254.18, "The Servicing of
Restaurant Cooking Area
Extinguishing Systems", or a
current certificate of training
from the manufacturer of the
specific Wet or Dry Chemical
Extinguishing System.
Special Extinguishing
Systems - Gas Based
In a visible location on each
main control valve.
Immediately following semi-annual test
and inspection (see Manitoba Fire Code
article 2.1.3.5. and NFPA 12, "Carbon
Dioxide Extinguishing Systems"; NFPA
12A, " Halon 1301 Fire Extinguishing
Systems"; NFPA 12B, "H1211 Fire
Extinguishing Systems").
Set out in the Manitoba Fire
Code article 6.3.1.5. and
employed by a company
approved as an authorized
service agency by any
manufacturer of a gas-based fire
suppression system.
Portable Fire Extinguishers
A tag attached to the
extinguisher
Maintenance, service and testing in
accordance with NFPA 10
Trained and certified by a
service agency or manufacturer
of portable fire extinguisher or
successfully completed any
other training program or course
accepted by the Fire
Commissioner.
By-law No. 35/2017
40
Commercial Cooking
Equipment - Inspection
In a visible location in the
kitchen area.
Immediately following 6 month inspection
(see Manitoba Fire Code article 2.6.1.9.
and NFPA 96, "Ventilation Control and
Fire Protection Commercial Cooking
Operations").
IKECA (International Kitchen
Exhaust Cleaning Association) -
Certified Exhaust Cleaning
Specialist (CECS) or Phil
Ackland's Exhaust Cleaning -
Kitchen Exhaust Cleaning
Certification or CHDCA
(Certified Hood & Duct Cleaners
Association) - Hood & Duct
Cleaner Certification.
Commercial Cooking
Equipment - Cleaning
In a visible location in the
kitchen area.
Immediately following every required
cleaning (see Manitoba Fire Code article
2.6.1.9. and NFPA 96, "Ventilation
Control and Fire Protection Commercial
Cooking Operations").
IKECA (International Kitchen
Exhaust Cleaning Association) -
Certified Exhaust Cleaning
Specialist (CECS) or Phil
Ackland's Exhaust Cleaning -
Kitchen Exhaust Cleaning
Certification or CHDCA
(Certified Hood & Duct Cleaners
Association) - Hood & Duct
Cleaner Certification.
Private Hydrants
In a visible location on the
hydrant. Labels used for private
hydrants must be a
weatherproof label
manufactured to withstand the
elements and indelible ink must
be used to fill in the label
information.
Immediately following annual test and
inspection (see Manitoba Fire Code
subsection 6.4.1.).
As determined by the Chief
pursuant to clause 28(3).