By-law 271-2021 - Prevention of fires (MRC Pontiac)
Thorne, Quebec
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BY-LAW NUMBER 271-2021
BY-LAW 271-2021 REPLACING AND REPEALING BY-LAW 202-2014 AND PROVIDING FOR THE
PREVENTION OF FIRES ON THE TERRITORY OF THE MRC PONTIAC
Table of Contents
PREAMBLE ............................................................................................................................................................ 4
GENERAL ............................................................................................................................................................... 4
SYSTEMATIC INCORPORATION ............................................................................................................................. 4
SECTION IV ............................................................................................................................................................ 4
MORE BINDING PROVISIONS APPLICABLE TO CERTAIN BUILDINGS .................................................................... 4
IV. Fire separation ................................................................................................................................................ 4
DIVISION A ............................................................................................................................................................ 5
SECTION 1.4. TERMS AND ABBREVIATIONS ......................................................................................................... 5
1.4.1. Definitions ................................................................................................................................................ 5
1.4.1.2.
Defined terms ................................................................................................................................... 5
SECTION 1.5. - DOCUMENTS INCORPORATED BY REFERENCE AND BODIES CITED ............................................. 7
1.5.1. Documents incorporated by reference.................................................................................................... 7
1.5.1.4.
Interpretation ................................................................................................................................... 7
DIVISION B ............................................................................................................................................................ 8
SECTION 1.1. - GENERAL ....................................................................................................................................... 8
1.3.1.2. Relevant editions .................................................................................................................................. 8
SECTION 2.1. - GENERAL ....................................................................................................................................... 9
2.1.3.3.
Smoke alarms ................................................................................................................................... 9
2.1.5. Portable fire extinguishers ....................................................................................................................... 9
2.1.5.1. Selection and installation .................................................................................................................... 10
2.1.6. Carbon monoxide alarms ....................................................................................................................... 10
2.1.6.1. Carbon monoxide alarms .................................................................................................................... 10
SECTION 2.4. - FIRE HAZARDS ............................................................................................................................. 10
2.4.1. Combustible materials ........................................................................................................................... 10
2.4.1.1. Accumulation of combustible materials ............................................................................................. 10
2.4.12. Portable cooking appliances ................................................................................................................ 11
2.4.12.2. Outside a building ............................................................................................................................. 11
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2.4.5. Outdoor fires .......................................................................................................................................... 11
2.4.5.1. Outdoor fires ....................................................................................................................................... 11
2.4.7. Electrical installation .............................................................................................................................. 12
2.4.7.1. Use and maintenance ......................................................................................................................... 13
SECTION 2.5. - FIRE DEPARTMENT'S ACCESS TO BUILDINGS ............................................................................. 14
2.5.1. General ................................................................................................................................................... 14
2.5.1.1. Access to the building ......................................................................................................................... 14
SECTION 5.1. - GENERAL ..................................................................................................................................... 15
5.1.1. Object ..................................................................................................................................................... 15
5.1.1.4. Fireworks for consumer use ................................................................................................................ 15
5.1.1.5. Large-scale pyrotechnics and special effect pyrotechnics .................................................................. 15
SECTION 6.4. - WATER-BASED FIRE PROTECTION SYSTEMS ............................................................................... 17
6.4.1.2. Fire hydrant ......................................................................................................................................... 17
DIVISION C .......................................................................................................................................................... 19
SECTION 2.2. - ADMINISTRATION ....................................................................................................................... 19
2.2.2. Enforcement power ............................................................................................................................... 19
2.2.2.1. Enforcement power ............................................................................................................................ 19
2.2.3. Powers of the competent authority ....................................................................................................... 19
2.2.3.1. Inspection............................................................................................................................................ 19
2.2.3.2. Special and emergency powers .......................................................................................................... 20
2.2.3.3. Power to issue a statement of offense ............................................................................................... 21
2.2.4. Hindrance ............................................................................................................................................... 21
2.2.4.1. Hindrance ............................................................................................................................................ 21
SECTION 2.4. - PENAL PROVISIONS .................................................................................................................... 22
2.4.1. Criminal provisions................................................................................................................................. 22
2.4.1.1. General offense................................................................................................................................... 22
2.4.1.2. Responsibilities ................................................................................................................................... 22
2.4.1.3. Punishments ....................................................................................................................................... 22
SECTION 2.5. - REPEALS ...................................................................................................................................... 23
SECTION 2.6. - COMING INTO FORCE ................................................................................................................. 23
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CANADA
PROVINCE OF QUEBEC
REGIONAL COUNTY MUNICIPALITY OF PONTIAC
LITCHFIELD
BY-LAW 271-2021 PROVIDING FOR THE PREVENTION OF FIRES
ON THE TERRITORY OF THE MRC PONTIAC
WHEREAS
by virtue of Article 62 of the Municipal Powers Act, any local municipality may adopt safety
regulations;
WHEREAS
according to section 16 of the Fire Safety Act (RLRQ, c. S-3.4), municipalities are required
to adopt regulatory measures in the area of fire safety;
WHEREAS
the entry into force on May 1, 2017 of the revised fire safety cover plan for the MRC
Pontiac under the Fire Safety Act;
WHEREAS
the MRC Pontiac has the obligation to ensure compliance with the obligations provided
for in the fire safety cover plan certified by the Minister;
WHEREAS
with the adoption of the by-law which provides for a systematic incorporation of the
Quebec Safety Code, Chapter VIII - Building and National Fire Prevention Code Canada
2010 (amended) (CBCS), the MRC Pontiac, its municipalities and its employees, within the
framework of the application of any standard identical to a standard contained in the CBCS
of the new regulation, cannot be sued for an official act performed in good faith in the
exercise of his functions (immunity);
WHEREAS
the MRC Pontiac declared its competence in fire prevention by its resolution number C.M.
2020-12-22;
WHEREAS
a notice of motion for this by-law was given beforehand at the regular meeting of May
19th 2021 and that a draft by-law was tabled at the same regular meeting;
CONSEQUENTLY,
it is moved by Sandra Murray and it is unanimously resolved:
That the by-law bearing the number 271- 2021 be adopted and that the following be decreed and enacted as
follows:
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PREAMBLE
The preamble is an integral part of this by-law.
GENERAL
Application
This by-law applies throughout the territory of the MRC Pontiac.
PRELIMINARY PART
SYSTEMATIC INCORPORATION
This by-law provides for a systematic incorporation of the Quebec Safety Code, Chapter VIII - Building, and
National Fire Prevention Code - Canada 2010 (amended), into the regulatory text as if it were part of it, each part
and section of the equivalent code, in each part and section of the by-law, except division I Chapter VIII Building
section II, VI, VII, IX and subject to certain modifications.
SECTION IV
MORE BINDING PROVISIONS APPLICABLE TO CERTAIN BUILDINGS
IV. Fire Separation
1. Articles 361 to 365 of section IV of the Safety Code do not apply to a single-family building.
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DIVISION A
PART 1
CONFORMITY
SECTION 1.4. TERMS AND ABBREVIATIONS
1.4.1. Definitions
2. Article 1.4.1.2. of the National Fire Code - Canada 2010 (amended) is amended by adding the following
terms:
1.4.1.2. Defined terms
1)
The terms defined, in italics in the Quebec Safety Code, Chapter VIII - Building, and National Fire
Prevention Code - Canada 2010 (amended) or in this by-law, have the following meaning:
Competent authority: The Régie du bâtiment du Québec, the MRC Pontiac or the local municipality
represented by a director general, a director of fire safety (fire chief), a fire prevention technician, a
municipal inspector or an authorized representative.
Authorization: written authorization issued by the competent authority.
Smoke alarm: smoke detector with incorporated alarm, designed to give a signal as soon as smoke is
detected in the room or suite in which it is installed.
Carbon monoxide alarm: device equipped with a visual or audible warning signal designed to trigger an
alarm as soon as carbon monoxide is detected.
Low risk building (1): very small, widely spaced buildings, residential buildings with 1 or 2 dwellings, 1
or 2 floors, detached. The building types are identified by sheds, garages, detached single-family
residences with 1 or 2 units, chalets, mobile homes and rooming houses with less than 5 people.
Medium risk building (2): a building with no more than 3 storeys and a floor area of not more than 600
m2. The building types are identified by attached single-family residences of 2 or 3 floors, buildings of 8
units or less, rooming houses (5 to 9 bedrooms), industrial establishments of Group F, division 3
(workshops, warehouses, sales room, etc.).
High risk building (3): buildings with a floor area of more than 600 m2, buildings of 4 to 6 floors, places
where occupants are normally able to evacuate, places without a significant quantity of hazardous
materials. The building types are identified as commercial establishments, business establishments,
buildings with 9 or more units, rooming houses (10 or more bedrooms), motels, industrial
establishments of Group F, division 2 (workshops, repair garages, printshops, gas stations, etc.), and farm
buildings.
Very high risk building (4): buildings with more than 6 floors or with a high risk of conflagration, places
where occupants cannot evacuate on their own, places involving difficult evacuation due to the high
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number of occupants, places where hazardous materials are likely to be found and places where the
impact of a fire is likely to affect the functioning of the community. The building types are identified as
business establishments, adjoining buildings in old neighbourhoods, hospitals, reception centres,
supervised residences, detention facilities, malls with more than 45 stores, hotels, schools, daycares,
and churches, industrial establishments of Group F, division 1 (hazardous materials warehouses, paint
factories, chemical factories,
Code: Quebec Safety Code, Chapter VIII - Building, and National Fire Prevention Code - Canada 2010
(amended). NRC 55378F. As published by the National Research Council Canada.
Smoke detector: fire detector as an integral part of a fire alarm system designed to be triggered when
the concentration of combustion products in the air exceeds a predetermined level.
Open fire: Any fire that burns freely or can spread freely, consisting of permitted materials.
Outdoor fire: Any fire or burning practice carried out outside a building and includes, but is not limited
to, small contained fires and large contained fires, fires in outdoor fireplaces, prescribed burning and
open fires.
Fireworks: a pyrotechnic device using high explosives intended to produce sound, light and smoke using
a pyrotechnic composition. They are often used in fireworks shows (national holidays, New Year's Day,
events, etc.). They are regulated by the Explosives Regulatory Division of Natural Resources Canada and
are divided into 3 main categories:
a)
Fireworks for consumer use (class 7.2.1 / F.1): Low risk recreational Pyrotechnics for outdoor use,
like fountains, golden showers, Roman candles, volcanoes, sparklers, primers for toy guns. They can
be acquired by any adult;
b) Large-scale pyrotechnics (class 7.2.2 / F.2): High risk recreational Pyrotechnics for outdoor use,
such as bombs, Ferris wheels, dams, bombardos, waterfalls and mines. Certification from Natural
Resources Canada is required to purchase these parts;
c)
Special effect pyrotechnics (in general, class 7.2.5 / F.3): These effects are created during the firing
of pyrotechnic, propellant or explosive devices or materials and are used by the entertainment
industry for outdoor or indoor performances. Examples: bullet effects, lightning powders, smoke
compositions, sprays, spears and sound effects. Certification from Natural Resources Canada is
required to purchase these parts.
Outdoor fireplace: Non-combustible container equipped with a spark arrester, designed to contain a
fire, including, but not limited to, metal containers, appliances, arrangement of bricks or stones with a
metallic spark arrester. Fires that burn in such an appliance are not considered to be open fires.
Nuisance: Excessive smoke, odour or sparks carried by wind or embers that may disturb others or reduce
visibility on nearby roads.
Spark arrester: Mesh that prevents the emission of flammable debris from combustion sources.
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Urban perimeter: Sectors identified in the fire safety cover plan and the MRC Pontiac land use plan by
an urban assignment, a local centre or an intermediate centre. A table of these sectors is identified in
appendix 1.
Pyrotechnics: see Fireworks
Owner: any natural or legal person, who holds the right of ownership or any person entered on the
evaluation role as owner or agent of the owner.
Fire department: Local municipality fire safety service.
Fire alarm system: any equipment, required and installed in accordance with the requirements in force
during construction or conversion or, where applicable, the more restrictive provisions applicable to
certain buildings provided for in section IV of chapter VIII of the Safety Code, which sounds an alarm
signal by means of audible warning devices in the system, under the action of a manual call point, a
water flow detector or a fire detector.
SECTION 1.5. - DOCUMENTS INCORPORATED BY REFERENCE AND BODIES CITED
1.5.1. Documents incorporated by reference
3. Subsection 1.5.1. of the National Fire Code - Canada 2010 (amended) is amended by adding section 1.5.1.4.
following article 1.5.1.3.:
1.5.1.4. Interpretation
1)
Any provision or part of a provision of the Quebec Safety Code, Chapter VIII - Building, and National
Fire Prevention Code - Canada 2010 (amended) incorporated by reference into the by-law that is
irreconcilable with another provision of the by-law is inoperative.
2)
Any document or part of a document incorporated by reference irreconcilable with a provision of part
of the Quebec Safety Code, Chapter VIII - Building, and National Fire Prevention Code - Canada 2010
(amended) incorporated into the by-law is inoperative.
3)
The present by-law does not have the effect of limiting the obligations imposed or the powers granted
by other laws or regulations in the field of fire safety.
4)
Unless otherwise indicated, the articles which lay down requirements in terms of design and
installation standards, tests or inspections, are only applicable for the fire safety equipment required in
this by-law, in the construction by-laws of the local municipality or the requirements in effect at the
time of construction or transformation.
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DIVISION B
PART 1
GENERAL
SECTION 1.1. - GENERAL
4. Table 1.3.1.2. of the National Fire Code - Canada 2010 (amended) is amended by adding the following
editions of documents:
1.3.1.2. Relevant editions
1)
The editions of the documents which are incorporated by reference in the Quebec Safety Code,
Chapter VIII - Building, and National Fire Prevention Code - Canada 2010 (amended) are those
designated in Table 1.3.1.2. (see appendix A).
Table 1.3.1.2.
Documents incorporated by reference
Organization
Designation
Title
Referral
MRC Pontiac
65-99
Land-Use Development Plan
DIVISION A
- 1.4.1.2. 1)
2.4.5.1. 2) a) ii)
ULC
CAN / ULC-S553-14
Standard for installation of smoke alarms
2.1.3.3. 3)
THAT'S IT
CAN / CSA-6.19-17
CSA C22.10-18
Residential carbon monoxide alarming devices
Quebec Construction Code, Chapter V - Electricity,
Canadian Electrical Code, Part I (twenty-third
edition) with Quebec amendments
2.1.6.1. 3)
2.1.3.3. 6)
2.4.7.1. 2)
2.4.7.1. 9)
2.4.7.1. 10)
NFPA
NFPA 291-2010
Recommended Practice for Fire Flow Testing and
Marking of Hydrants
6.4.1.2. 8) b)
NRCan
2010
Fireworks manual
Special effect pyrotechnics manual
5.1.1.5. 6)
5.1.1.5. 7)
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DIVISION B
PART 2
PROTECTION OF BUILDINGS AND OCCUPANTS AGAINST FIRE
SECTION 2.1. - GENERAL
5. Article 2.1.3.3. of the National Fire Code - Canada 2010 (amended) is amended by adding paragraphs 3) to 7)
after paragraph 2):
2.1.3.3. Smoke alarms
3)
A smoke alarm in a building must:
a)
be installed in accordance with CAN/ULC-553 "Installation of smoke alarms";
4)
It is forbidden to paint a smoke alarm;
5)
The owner and occupant of a residential building, or dwelling, must ensure that installed smoke alarms
are kept in good working order. In particular, they are required to:
a)
in the case of the occupant: perform a monthly check of the correct operation of the smoke
alarms installed in their residence, maintain them and replace the batteries when they are no
longer able to operate properly;
b) in the case of the owner: install a missing smoke alarm and replace a broken or defective smoke
alarm.
6)
Any owner of a building in which substantial modifications to the domestic electrical circuit or to the
main building, when these modifications are the subject of interior renovations where the estimated
cost of these modifications exceeds thirty percent (30%) of the property assessment of the building,
were carried out under a building permit issued after October 10, 2011, must connect to this circuit all
smoke alarms whose installation is prescribed by this by-law regardless of the year of the start of
construction. They must then be installed in accordance with the Quebec Construction Code, Chapter
V, Electricity (CSA C22.10-18 standard) in effect for the current year, before work to modify the
electrical circuit is completed;
7)
Any multi-unit residential building, for which a fire alarm system is not required, must be equipped
with smoke alarms on the ceiling of each stairwell serving as a common means of escape and in the
middle of each corridor. If a corridor is more than 20 m in length, a smoke alarm must be installed for
each unit of 20 m in length, or for a part of a unit of additional 20 m, or according to the
manufacturer's specifications.
2.1.5. Portable fire extinguishers
6. Article 2.1.5.1. paragraph 1) of the National Fire Code - Canada 2010 (amended) should read as follows:
10
2.1.5.1. Selection and installation
1)
Portable fire extinguishers that meet the requirements of paragraphs 2) to 4) must be installed in all
buildings, except inside dwellings and in common areas serving fewer than 5 dwellings, provided that
they are not from a daycare centre or accommodation located more than 8 km from a fire station
identified in appendix 2 of this by-law.
2.1.6. Carbon monoxide alarms
7. Article 2.1.6.1. of the National Fire Code - Canada 2010 (amended) is amended by adding paragraphs 2) to 3)
after paragraph 1):
2.1.6.1. Carbon monoxide alarms
2)
The owner or occupant of a building that houses a dwelling, a dwelling or a supervised residence must
install a carbon monoxide alarm when the building contains:
a)
a combustion appliance or;
b) direct access to an indoor parking garage.
3)
Carbon monoxide alarms required under this section must:
a)
comply with CAN/CSA-6.19, "Residential Carbon Monoxide Alarming Devices";
b) be equipped with an integrated alarm that meets the audibility requirements of standard
CAN/CSA-6.19, "Residential Carbon Monoxide Alarming Devices";
c)
be installed and replaced according to the manufacturer's recommendations.
SECTION 2.4. - FIRE HAZARDS
2.4.1. Combustible materials
8. Article 2.4.1.1. of the National Fire Code - Canada 2010 (amended) is amended by adding paragraphs 8) and
9) after paragraph 7):
2.4.1.1. Accumulation of combustible materials
8)
Combustible materials intended for the supply of a heating appliance are permitted to be stored
outside, provided that:
a)
that they be placed at least 1 m from any building;
b) that they be placed at least 3 m from any opening in a building;
c)
that these combustible materials are those for which the heater is designed.
9)
Combustible materials intended for the supply of a heating appliance are permitted to be stored
inside, provided that:
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a)
that they are placed at least 1 m from the heating appliance;
b) that they be placed at least 3 m from any opening in a building;
c)
that they do not obstruct any means of escape;
d) that these combustible materials are those for which the heater is designed;
2.4.12. Portable cooking appliances
9. Article 2.4.12.2. of the National Fire Code - Canada 2010 (amended) should read as follows:
2.4.12.2. Outside a building
1)
No portable cooking appliance powered by charcoal or gas may be used outside a building within 1 m
of a door, window, property line, under a structure comprised of combustible materials or any
combustible siding.
2)
No portable cooking appliance may be used in a manner contrary to the manufacturer's instructions.
2.4.5. Outdoor fires
10. Article 2.4.5.1. of the National Fire Code - Canada 2010 (amended) should read as follows:
2.4.5.1. Outdoor fires
1)
It is forbidden to make an outdoor fire.
2)
Despite paragraph 1), it is permitted to make:
a)
an open fire, provided that:
i)
the owner has obtained prior authorization from the competent authority in the subject
municipalities (see appendix 1 of this by-law);
ii)
the fire site is located outside an urban perimeter of the MRC Pontiac;
iii) the fire takes place between November 15 and April 1, subject to extension of this period by
the local municipality;
iv) the maximum height of the pile of materials intended for burning is 2 metres;
v)
the products of fire do not cause any nuisance to people, property or the visibility of users of
a road network;
vi) the equipment necessary to prevent the spread of the fire is or will be available on the
premises where the fire is or will be lit, for the duration of the fire;
vii) the wind speed does not exceed 20 km/h;
viii) the competent authority does not issue any ban on burning;
ix) The Société de protection des forêts contre le feu (SOPFEU) does not issue any prohibition on
burning or its fire danger is not at the "Extreme" level;
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b) a fire in an outdoor fireplace, provided that:
i)
the owner has obtained prior authorization from the competent authority in the subject
municipalities (see appendix 1 of this by-law);
ii)
this fireplace is constructed of non-combustible materials;
iii) this fireplace is fitted with a spark arrester cover or screen, the openings of which do not
exceed 1 cm in diameter;
iv) this fireplace burns a volume of materials of at most 0.25 m3, i.e., 76.2 cm by 72.6 cm by
45.72 cm in height, entirely included under its spark arrester cover or screen;
v)
this fireplace rests on a non-combustible base extending 1.5 times the height of the
appliance;
vi) this fireplace is located 4.57 m from any building, structure, property line and combustible
material.
vii) the competent authority does not issue any prohibition on burning;
3)
A fire in a mobile outdoor fireplace is permitted when it is fuelled by natural gas, propane gas,
electricity or any other liquid designed and recognized specifically for the use of the appliance. This
must be at least 1 m from any combustible material and must be subject to the conditions of use and
location of the manufacturer.
4)
It is forbidden to feed or maintain a fire with an accelerant.
5)
It is forbidden to burn any waste, tires, treated wood, construction materials, plastics or recyclable
materials. Only organic and natural materials, including untreated wood, branches and brush are
allowed;
6)
It is forbidden to burn in a container not intended for this purpose, including reused or used
containers.
7)
No one may use an outdoor heater or an appliance serving as an outdoor fireplace in a manner
contrary to the manufacturer's instructions. When required by a standard, these devices must be
approved by a recognized organization.
8)
The competent authority may at any time require the extinction of any exterior fire when the
conditions listed above are not met, and for any other condition imposed by the competent authority,
when the smoke bothers neighbours or for any other reason in order to ensure the safety of the
public.
2.4.7. Electrical installation
11. Article 2.4.7.1. of the National Fire Code - Canada 2010 (amended) is amended by adding paragraphs 2) to
14) after paragraph 1):
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2.4.7.1. Use and maintenance
2)
Electrical installations must comply with the Quebec Construction Code, Chapter V, Electricity (CSA
C22.10-18 standard);
3)
No one may use a removable cord or a power cord that is not approved under a standard recognized
by the Standards Council of Canada;
4)
No one may conceal a removable cord or a power cord under a carpet or any other combustible
material;
5)
No one may cover a removable cord or a power cord with a material which may cause it to heat up;
6)
No one may attach a detachable cord or a power cord:
a)
to a permanent structure;
b) so as to damage the sheath.
7)
No one may pass a removable cord or a power cord through a wall, ceiling, door or window opening, or
pinch it under furniture;
8)
No one may place a removable cord or power cord in such a way that it can be damaged by the
passage of people or vehicles;
9)
Distribution panels, outlet or junction boxes must have a cover approved under the Quebec
Construction Code, Chapter V, Electricity (CSA C22.10-18 standard) or a light fixture base as
appropriate;
10) Boxes, enclosures, fittings, fixtures and bulb sockets must be securely fixed in accordance with the
Quebec Construction Code, Chapter V, Electricity (CSA C22.10-18 standard);
11) Bare parts must be protected against any accidental contact or must not be hidden in an inaccessible
place or compartment;
12) The parts and appliances supplied by each circuit breaker or fuse must be indicated inside any
distribution panel;
13) Passages and free spaces must be provided and free from any storage of at least 1 m around the
distribution and control panel as well as all electrical equipment. Access to the panel must also be
cleared so as to allow authorized persons easy and rapid access;
14) No one may store or use electrical devices in an emergency exit.
14
SECTION 2.5. - FIRE DEPARTMENT'S ACCESS TO BUILDINGS
2.5.1. General
12. Article 2.5.1.1. of the National Fire Code - Canada 2010 (amended) is amended by adding paragraphs 2) to
11) after paragraph 1):
2.5.1.1. Access to the building
10) Access roads must be constructed in accordance with the requirements in force during construction or
alteration;
11) The competent authority may require that additional accesses be provided by the owner of a building
in order to ensure access to any part of the building by fire department vehicles;
12) The access roads must be maintained and clear of any obstacle and allow free movement of fire safety
service vehicles in all seasons;
13) If the competent authority determines that a driveway, yard or access to property is too narrow or
obstructed to respond effectively to an emergency, the competent authority may order the immediate
removal of the obstacle;
14) When a key is necessary to access the building entrances, the competent authority may require that
this key be placed in a unique key lockbox, placed in the place determined by the competent authority
to allow rapid access at all times;
15) The keys used to recall elevators and to allow the independent operation of each elevator must be
placed at the central alarm or control station or, failing that, in the unique key lockbox.
16) The contents of the unique key lockbox must be locked and accessible by means of a unique key
determined by the competent authority. At that time, the competent authority will be the sole holder
of the unique key.
17) The unique key lockbox must be installed at a height of 1.5 m from the ground and must comply with
the requirements of the fire department.
15
DIVISION B
PART 5
HAZARDOUS PROCESSES AND OPERATIONS
SECTION 5.1. - GENERAL
5.1.1. Object
13. Subsection 5.1.1. of the National Fire Code - Canada 2010 (amended) is amended by adding sections 5.1.1.4.
and 5.1.1.5. following article 5.1.1.3.:
5.1.1.4. Fireworks for consumer use
1)
No person may use consumer fireworks, as defined in applicable provincial or federal legislation,
without obtaining prior authorization from the competent authority;
2)
For the purposes of this by-law, Chinese lanterns are not considered fireworks and their use is
prohibited on the territory of the MRC Pontiac.
3)
All users must comply with Division 2 of Part 16 of the Federal Explosives Act (RS ch. E-15) regarding
the use and storage of fireworks.
5.1.1.5. Large-scale pyrotechnics and special effect pyrotechnics
3)
No person may use large-scale pyrotechnics and special effect pyrotechnics, as defined in applicable
provincial or federal legislation, without obtaining prior authorization from the competent authority.
4)
To obtain the authorization provided for in paragraph 1) the applicant must, at least 30 days before
use, provide or demonstrate to the competent authority:
a)
a written request containing all the information required by the competent authority to ensure
safety;
b) a written description and the quantity of the fireworks to be used;
c)
the planned storage method when it is necessary to temporarily store the fireworks;
d) that he holds a fireworks supervisor permit issued in accordance with the provincial or federal
legislation in force and provide a copy thereof;
e)
a scale plan in 2 copies of the installations on the site;
f)
a copy of the order sheet for the pyrotechnics as well as their origin (name and address);
g)
that he has civil liability insurance of at least $ 2,000,000 for the holding of the event and submit a
copy thereof;
h) a letter of consent from the owner of the premises where the activity is taking place. The
competent authority must refuse the issuance of the authorization if one or more conditions for
issuing the permit is not met.
5)
No firing is permitted when the wind speed is greater than 30 km / h.
16
6)
Anyone who uses, handles or transports pyrotechnics intended for fireworks must do so in accordance
with the instructions in the "Fireworks Manual" published by NRCan.
7)
Anyone who uses, handles or transports pyrotechnics intended for special effects must do so in
accordance with the "Special Effect Pyrotechnics Manual" published by NRCan.
8)
The authorization holder must ensure that the fireworks supervisor, mentioned in the authorization
request, is present on the pyrotechnic deployment site during the assembly, firing, dismantling and
cleaning operations of the site. He must also ensure that the fireworks supervisor supervises the
direction of these operations.
9)
No one may use pyrotechnics intended for fireworks inside a building.
10) The authorization holder must comply with the conditions and requirements provided for in the
authorization.
11) Anyone using pyrotechnics on an outdoor site must comply with this section and the following
requirements:
a)
have near the site, a source of water in sufficient quantity to extinguish the beginning of a fire,
such as a garden hose;
b) no spectator should be within 20 m of the pyrotechnics;
c)
the firing of pyrotechnics must be interrupted when pyrotechnic materials fall on adjacent land or
buildings;
d) it is forbidden to throw or put pyrotechnics in their pockets;
e)
it is forbidden to hold pyrotechnics in their hands when they are fired;
f)
it is forbidden to relight a pyrotechnic piece whose ignition was unsuccessful;
g)
pyrotechnics that have already been used and those that have failed to ignite must be immersed
in a bucket of water.
h) The fireworks engineer must, at all times, put in place fire protection measures, ensuring the
presence of surveillance personnel.
17
DIVISION B
PART 6
FIRE PROTECTION EQUIPMENT
SECTION 6.4. - WATER-BASED FIRE PROTECTION SYSTEMS
14. Subsection 6.4.1. of the National Fire Code - Canada 2010 (amended) is amended by adding articles 6.4.1.2.
to 6.4.1.6. following article 6.4.1.1.:
6.4.1.2. Fire hydrant
3)
No one may install or maintain a decorative fire hydrant on his property.
4)
The owner of land on which a fire hydrant is located must ensure the proper functioning of the latter,
visibility and accessibility from the access road (obstacle-free route) and a clearance of any obstacle
(plants, tree, shrub, stone wall, fence, structure or other obstacle) over a radius of at least 2 m for
firefighters and their equipment.
5)
Only the competent authority or a person previously authorized by the latter is authorized to use a fire
hydrant;
6)
No one may paint or alter a fire hydrant;
7)
When a private fire hydrant is found to be defective or out of service, the landowner must immediately
notify the fire department in writing, identify the hydrant in accordance with the fire department's
requirements and proceed with the repair within 10 days of knowledge of the defect;
8)
The owner of land on which there is a private fire hydrant must:
a)
install a valve on the network to isolate it in order to be able to carry out repairs and
maintenance;
b) paint the tops and caps of all water outlets in accordance with the colours of standard NFPA 291
"Preventive maintenance and inspection of fire hydrants" as indicated in table 6.4.1.2. and
according to the estimated flow rate at a residual pressure of 140 kPa;
c)
keep it accessible at all times and indicate its presence by means of a sign to facilitate localization
in the event of a fire in accordance with the requirements of the fire department;
d) ensure that the 65 mm water outlets are fitted with threads in accordance with the system of the
competent authority and that the 100 mm water outlet is fitted with a "Storz" type quick
connection.
18
Table 6.4.1.2.
Hydrant colour according to NFPA 291
Forming an integral part of paragraph 6.4.1.2. 8) b)
Class
Top and caps
Debit
AA
Blue
6825 L/min or more (1,500 gpm)
A
Green
4550 to 6820 L/min (1000 to 1499 gpm)
B
Orange
2275 to 4545 L/min (500 to 999 gpm)
C
Red
Less than 2275 L/min (499 gpm)
19
DIVISION C
PART 2
ADMINISTRATIVE PROVISIONS
SECTION 2.2. - ADMINISTRATION
15. Section 2.2. of the National Fire Code - Canada 2010 (amended) is amended by adding subsections 2.2.2. to
2.2.4. following subsection 2.2.1.:
2.2.2. Enforcement power
2.2.2.1. Enforcement power
1)
It is the responsibility of the competent authority of the fire department to ensure that the provisions of
the by-law are observed and to take all necessary measures to ensure compliance.
2.2.3. Powers of the competent authority
2.2.3.1. Inspection
1)
The competent authority is authorized to:
a)
visit and examine at any reasonable time, given the circumstances, any place, as well as any container
therein, to ensure compliance with the by-law;
b) take the necessary measures to ensure the safety of occupants and workers, when there is
reasonable cause to believe that there is a dangerous activity or a risk of danger;
c)
require the inspection of an establishment's energy supply to ensure that the supply does not
constitute a fire hazard; if necessary, in order to guarantee the safety of occupants and workers, to
shut off the supply of energy to an establishment; interrupt the power supply itself if this action does
not endanger the safety of others and if it can be done by a simple procedure;
d) take photographs of the premises;
e)
demand any explanation and any information relating to the situations which present the non-
compliance with the by-law;
f)
carry out control tests on detection, warning, extinguishing or emergency devices to verify their
effectiveness or order the owner, the person in charge or the occupant to carry them out;
g)
carry out a fire drill with the occupants of the building;
h) seize and demand the confiscation, if necessary, of any combustible, explosive or detonating material
or product or similar part in any place. The Court can order the confiscation of the seized objects;
i)
require any certificate of conformity attesting to the quality of equipment or structure by a
professional within the meaning of the Professional Code (RSQ, c. C-26).
20
2.2.3.2. Special and emergency powers
1)
The competent authority may under article 32 of the Fire Safety Act, S-3.4:
a)
enter at any reasonable time in a place where he has reasonable grounds to believe that an activity
or property that presents a risk is present, subject to a declaration under the Fire Safety Act, S-3.4,
and proceed with an inspection;
b) take photographs of the premises;
c)
compel anyone on the premises to provide reasonable assistance;
d) require any explanation and any information relating to situations that present a potential risk,
subject to a declaration under the Fire Safety Act, S-3.4;
e)
carry out control tests on declared detection, warning, extinguishing or emergency devices to verify
their effectiveness or order the owner, the person in charge or the occupant to carry them out;
f)
seize and demand the confiscation, if necessary, of any combustible, explosive or detonating material
or product or similar part in any place. The Court can order the confiscation of the seized objects.
2)
To perform their duties in the event of a fire, disaster or other emergency, the competent authority may
enter any place affected or threatened as well as any adjacent place for the purpose of fighting the fire,
the disaster or in order to provide assistance.
3)
Under the same conditions and under the authority of the person in charge of operations, the competent
authority may also:
a)
enter, using the necessary means, a place where there is an imminent risk, a danger to people or
property or an adjacent place in order to eliminate or mitigate the danger or to bring assistance;
b) prohibit access to a protected zone, interrupt or divert traffic or subject it to special rules;
c)
order, as a safety measure in a perilous situation and when there are no other means of protection,
the evacuation of the premises;
d) order, to guarantee the safety of operations and after ensuring that this action does not endanger
the safety of others, the shut down of supply of energy to an establishment or, if it can do so by a
simple procedure, interrupt it itself;
e)
authorize the demolition of a building to prevent the spread of a fire or disaster;
f)
order any other measure necessary to make a place safe;
g)
accept or request the assistance of any person able to assist them when the firefighters are not
sufficient for the task;
h) accept or requisition the necessary private rescue resources when the fire department's resources
are insufficient or difficult to access to respond to the urgency of the situation;
i)
Recommend the revocation or suspension of a permit when the work carried out does not meet the
standards of this by-law.
21
4)
However, the competent authority must, when the powers provided for in paragraph 3) g) and h) have
been exercised, within 3 months of the request addressed to it by this person within 12 months of the
end of the event, grant it compensation determined on the basis of the current rental price of this type
of service or equipment as established immediately before the event.
5)
The competent authority may, when a fire protection system is defective, call a qualified person to make
the necessary repairs, at the owner's expense, to provide the protection for which that system is
designed if the owner or responsible person fails to take immediate steps to correct the situation.
6)
Subject to a by-law governing the issuance of permits and the operation of the security alarm systems
of a local municipality of the MRC Pontiac, the competent authority may use any reasonable measure,
given the circumstances, to gain access to a place protected by a fire alarm system and call in a qualified
person to:
a)
enter this protected place;
b) neutralize the fire alarm system in order to interrupt the audible signal;
c)
rectify the situation causing the unnecessary triggering of the fire alarm system. These procedures
must cease as soon as a responsible person is contacted or arrives on the scene to take
responsibility for the situation in order to rectify the problem with the fire alarm system, unless this
respondent expresses the desire that the fire department continues with the procedures, at the
owner's expense.
2.2.3.3. Power to issue a statement of offence
1)
The competent authority may issue a statement of offence if it has reasonable and probable grounds to
believe that an offence against a provision of the by-law has been committed, for each day of offence.
2.2.4. Hindrance
2.2.4.1. Hindrance
1)
It is forbidden to hinder the action of any person acting legally under article 2.2.2.1. of Division C. The
competent authority must, on request, identify itself and produce the document certifying its capacity.
16. Part 2 of Division C of the National Fire Code - Canada 2010 (amended) is amended by adding sections 2.4. to
2.6. following section 2.3.:
22
SECTION 2.4. - PENAL PROVISIONS
2.4.1. Criminal provisions
2.4.1.1. General offence
1)
Constitutes an offence when the owner, the person in charge or the occupant (natural or legal person)
of a building, of the vicinity of any building or of any equipment, of any equipment intended for public
use, of any installation as well as any new and existing building, any site where construction, demolition
and renovation of buildings are carried out, located on the territory of the MRC Pontiac violates one of
the provisions of the by-law.
2)
Anyone who calls the fire department for an unfounded request, that is, a call made when the persons
applying this by-law do not perform any fire intervention action once on the scene constitutes an
infringement of the by-law.
3)
It is an offence to operate a portable fire extinguisher without reasonable cause.
2.4.1.2. Responsibilities
1)
Any owner of a building, part of a building, land, equipment or any other thing provided for in the
regulation must comply with the obligations provided for in this by-law.
2)
The owner referred to in paragraph 1) may be found guilty of any breach of this by-law unless he proves
that the offence took place without his knowledge and that he took all reasonable precautions to avoid
the commission of the offence.
3)
The person responsible or the occupant of a building, part of a building, as well as the user of equipment
or any other thing provided for in the regulations must comply with the obligations provided for in this
by-law concerning its use.
4)
The responsible person or the occupant is responsible for the fire safety equipment that concerns the
building or the part of the building it occupies.
2.4.1.3. Punishments
1)
Anyone who violates any of the provisions of the by-law commits an offence and is liable for any violation
to a minimum fine of $ 100 and a maximum of $ 1,000 in the case of a natural person and a minimum
fine of $ 200 and a maximum of $ 2,000 in the case of a legal person.
2)
In the event of a first recurrence, the minimum fine is doubled and for all other recurrences, it will be
quadrupled.
3)
For continuous offences, no more than one statement of offence per day of offence may be entered.
23
SECTION 2.5. - REPEALS
The provisions of by-law 202-2014 providing for the prevention of fires on the territory of the MRC Pontiac are
repealed.
SECTION 2.6. - COMING INTO FORCE
This by-law comes into force in accordance with the law.
ADOPTED
Notice of motion:
May 19th, 2021
Adoption of the by-law:
June 16th, 2021
___________________________________
___________________________________
Bernard Roy
Jane Toller
Director General and Secretary-Treasurer
Warden
24
Appendix 1 - Table of urban perimeters of the MRC Pontiac
Source: The data come from the population decree for the year 2016. The count is based on estimates made by the
Institut de la statistique du Québec on July 1, 2015.
Note **: Municipalities whose particularities are in gray colour share a PU.
Municipalities
Population
Number
Urbanization
perimeter
Description of
assignment
PU area
(KM2)
Percentage of
areas in
relation to the
municipality
(%)
Alleyn-et-Cawood
201
1
Danford Lake
0.08
0.02
Bristol
1134
2
Bristol
0.11
1.73
Norway Bay
1.62
Bryson
604
1
Bryson
0.96
25.81
Campbell's Bay **
767
1
Campbell's
Bay
1.46
0.67
Litchfield **
452
2
Vinton
0.65
0.3
Chichester
357
2
Chichester
0.11
0.18
Rapides-du-
Chapeau
0.3
Clarendon **
1159
1
Shawville
3.29
0.62
Shawville **
1624
1
Fort-Coulonge
1348
1
L'Île-du-Grand-
Calumet
691
1
Grand-
Calumet
0.27
0.18
L'Isle-aux-Allumettes
1306
3
Saint Joseph
0.09
0.87
Desjardinsville
1.02
Hat
0.73
Fort-Coulonge **
1348
1
Fort-Coulonge
/
Mansfield
3.74
0.71
Mansfield-et-
Pontefract **
2248
2
Davidson
0.49
0.09
Otter lake
1076
1
Otter lake
1.3
0.26
Portage-du-Fort
256
1
Portage-du-
Fort
0.63
22.64
Rapides-des-
Joachims
155
1
Rapides-des-
Joachims
0.52
0.2
Sheenboro
110
1
Sheenboro
0.05
0.01
Thorne
285
1
Ladysmith
0.25
0.14
TNO Lac-Nilgaut
0
0
-
-
-
Waltham
357
1
Waltham
0.29
0.07
Total MRC
14130
24
-
17.96
54.5
25
Appendix 2 - Map identifying the territory where portable fire extinguishers are required in residences
26
Annex 3 - Obtaining permits
Municipalities requiring a burning permit for outdoor fireplaces:
Municipality
Place of issue of permit
Cost of the permit
Bryson
Municipal office, 833 rue Principale, Bryson
$ 25
Clarendon
Shawville Fire Station, 200 Centre Street, Shawville
Free of charge
Portage-du-Fort Municipal office, 24 rue Church, Portage-du-Fort
$ 25
Municipalities requiring a permit for open fires:
Municipality
Place of issue of permit
Cost
Bristol
Municipal office, 32 ch Aylmer, Bristol
Free
Bryson
Municipal office, 833 rue Principale, Bryson
$ 25
Clarendon
Shawville Fire Station, 200 Centre Street, Shawville
Free
Fort-Coulonge
Municipal office, 134 rue Principale, Fort-Coulonge
Free
Litchfield
Municipal office, 1362 Route 148, Campbell's Bay
Free
Île-du-Grand-Calumet
Bureau municipal, 8 rue Brizard, Île-du-Grand-Calumet
Free
Otter lake
Municipal Office, 15 Palmer Avenue, Otter Lake
Free
Portage-du-Fort
Municipal office, 24 rue Church, Portage-du-Fort
$ 25
Shawville
Shawville Fire Station, 200 Centre Street, Shawville
Free
Waltham
Municipal office, 69 Rue de l'Hotel-de-Ville, Waltham
Free
Municipalities issuing a permit for the use of fireworks for consumer use:
Municipality
Place of issue of permit
Cost of the permit
All municipalities of the MRC
Municipal office
To be determined
Obtaining the permit for large-scale fireworks:
Municipality
Place of issue of permit
Cost of the permit
All
municipalities
of the MRC
MRC de Pontiac, 602 route 301 N, Campbell's Bay
By appointment at 819-648-5689 p. 242 or on the
MRC Pontiac website:www.mrcpontiac.qc.ca
Free of charge