Doc 8_reg_fire Prevention Bylaw
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THE CORPORATION OF THE TOWNSHIP OF LANGLEY FIRE PREVENTION BYLAW 2005 NO. 4410 AMENDMENT BYLAW 2009 NO. 4766 EXPLANATORY NOTE This Bylaw repeals and replaces Fire Prevention Bylaw 2005 No. 4410 by deleting Schedule “A” Fees and Charges – Cost Recovery and other housekeeping amendments. The primary focus is to regulate fire prevention and suppression, specifically dealing with fire risks, alarms, hazardous activities, fire emergency planning, signage, egress, flammable and combustible liquids, fire hydrants and connections, open air burning, fees and costs, and enforcement. All references to Fees and Charges pertaining to fire prevention can now be found in the Langley Fees and Charges Bylaw.
THE CORPORATION OF THE TOWNSHIP OF LANGLEY FIRE PREVENTION BYLAW 2005 NO. 4410 AMENDMENT BYLAW 2009 NO. 4766
WHEREAS both the Community Charter, S.B.C. 2003 chp. 26 and the Fire Services Act, R.S.B.C. 1996 chp. 144 provide for municipal councils to establish services to prevent and suppress fires, as well as other powers relating to hazards, dangerous conditions and public safety; AND WHEREAS the Council of the Township of Langley deems it necessary and desirable to provide for fire suppression and prevention services as well as other services in the interests of public safety; NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS:
PART I - INTRODUCTION Title 1.
This Bylaw may be cited for all purposes as “Fire Prevention Bylaw 2005 No. 4410 Amendment Bylaw 2007 No. 4766”.
Definitions 2.
In this Bylaw all words and phrases shall be construed as having their ordinary meaning except those words and phrases defined in accordance with the current B.C. Building Code, the Fire Services Act, R.S.B.C. 1996 chp. 144 or the B.C. Fire Code, as the context and circumstances may require.
3.
The following words and phrases shall have the meanings hereby assigned,
“Agricultural Land Reserve” means agricultural land designated as an agricultural land reserve under any current provincial statute and includes an agricultural land reserve under a former provincial statute; “B.C. Building Code” means the current Building Code for the Province of British Columbia adopted by regulation under the Local Government Act, section 692 and any successor legislation;
Fire Prevention Bylaw No. 4766 Page 2… “B.C. Fire Code” means the “National Fire Code of Canada 1995" as adopted by British Columbia by Regulation 318/2003 of the Fire Services Act, R.S.B.C. 1996, chp. 144, and amended from time to time; “Council” means the locally elected council of the Corporation of the Township of Langley; “emergency access route” means a private drive, roadway, driveway, lane or portion of a yard which has been provided for access by the Fire Department equipment in accordance with section 3.2.5.6. of the B.C. Building Code and applicable sections of the Township of Langley’s Subdivision and Development Control Bylaw 1994 No. 3335 and any successor legislation. “false alarm” means any activation of an alarm system, done intentionally or unintentionally, including activation by malfunction of the alarm system which causes the unnecessary response of the Fire Department; “fee” means any of the fees described and listed in the Township of Langley Fees and Charges Bylaw; “Fire Chief” means the person appointed by Council to be in charge of the Protective Services Division and in their absence their designated alternate; “Fire Department” means that section of the Protective Services Division of the Township that is responsible for prevention, suppression, control and extinguishment of fires as well as other responsibilities set out in this Bylaw as well as in the Langley Fire Department Establishment Bylaw 1990 No. 2615 and other related regulations and legislation relating to rescue operations and public safety; “Fire Department Connection” means a connection through which the Fire Department can pump water into the standpipe system and/or sprinkler system; “incident” means any event to which Members of the Fire Department are called out to attend or to which they respond. “Movie/TV Pyrotechnics” means any low or high hazard fireworks utilized at a movie or television production; “Member” means any person that is an employee or paid-call fire fighter with the Fire Department;
Fire Prevention Bylaw No. 4766 Page 3… “Occupant” includes the registered owner and any lessee, tenant and licensee of any building or premises; “Officer” means those members of the Fire Department who are the Fire Chief, District Chiefs, Assistant Chiefs, Fire Prevention Officers, Public Educators, Fire Training Officers, Fire Inspectors, Captains and Lieutenants; “Township” means “The Corporation of the Township of Langley”. Adoption of the B.C. Fire Code 4.
The B.C. Fire Code is hereby adopted and made part of this Bylaw and shall be applicable within the Township.
5.
In the event of any inconsistency between the provisions of this Bylaw and the provisions contained in a statute or regulation enacted by the Government of the Dominion of Canada or the Province of British Columbia, the more restrictive provisions of those statutes or regulation shall apply.
6.
Nothing in this Bylaw shall be construed to mean that either the Fire Department or any Officer or Member of that Fire Department has a duty to perform any of the functions or tasks set out in this Bylaw.
Limits of Jurisdiction 7.
The geographical limits of the jurisdiction of the Fire Department shall be the area within the boundaries of the Township, and no apparatus of the Fire Department shall be used beyond the boundaries of the Township unless the Township has: (1)
entered into a Mutual Aid Agreement for that purpose;
(2)
obtained the consent of the affected local government under Section 13 of the Community Charter; or
(3)
agreed to provide assistance in a provincial local emergency within British Columbia or Canada.
Fire Prevention Bylaw No. 4766 Page 4…
PART II – PREVENTION, CONTROL AND ENFORCEMENT 8.
The Fire Department may take all necessary measures for the prevention, suppression, control and extinguishment of fires, for mitigating the effects of dangerous goods incidents and for the protection of life, property, and the environment including rescue operations and the administration of first aid.
Right to Enter 9.
The Fire Chief or any other Member in charge at an incident is empowered to enter, pass through or over buildings or property and to cause any apparatus or equipment of the Fire Department to enter, as the Member deems necessary, upon any lands, structure, and buildings, for the purpose of attending to any fire, medical or other emergency.
Commandeering of Equipment 10.
An Officer or any Member in charge at an incident is empowered to commandeer personnel and privately-owned equipment which is considered necessary to deal with an incident.
Hindrance 11.
No person shall impede or hinder in any way an Officer or Member in the execution of their duties or any other person under the direction of an Officer or Member in charge at an incident and, without limiting the generality of the foregoing, no person shall refuse to permit any Member to enter into or upon any premises from which a fire alarm has been received or in or upon which the Member has reasonable grounds to believe that an incident has occurred or may occur.
12.
An Officer or any Member in charge at an incident may establish limited entry areas in the vicinity of the fire, emergency or incident, and no person shall enter that area without the permission of the Officer or Member in charge.
13.
A person shall not falsely be represented as a Member, nor wear or display any Fire Department badge, cap, button, insignia or other paraphernalia for the purpose of such false representation.
14.
No person shall stand, walk on, or drive over a charged Fire Department hose or be within 10 metres of a charged hose line.
Fire Prevention Bylaw No. 4766 Page 5… General Conduct 15.
16.
Every person at or near a fire, emergency, or other incident shall: (1)
comply with the orders or directions of any Member; and
(2)
provide any information that person may have relating to the incident to any Member who requests that information.
No person other than a Member shall ride on any fire truck or other Fire Department vehicle or apparatus at any time unless authorized by the Fire Chief.
Addresses 17.
An individual address must be placed on every new or existing building or structure in such a position as to be plainly visible and legible from the street, road, fire lane, emergency access route or other right of way or easement and at the front of the structure and must meet the following minimum criteria: (1)
the address must be legible from a distance of fifteen (15) metres;
(2)
the letters or numbers of any addresses shall be a minimum of five (5) inches in height and no less than half an inch (½" inch) in width; and
(3)
the letters or numbers shall be of a colour in contrast with any background colour of the building or structure.
PART III – FIRE RISKS Rubbish, Debris and Other Fire Hazards 18.
Whenever any flammable, combustible or explosive material or any accumulation of waste materials or refuse of a nature liable to catch fire is situated as to endanger life or property, or to obstruct ingress or egress from a building, or where a condition exists which is considered by an Officer to be a fire hazard, the Occupant of the property, premises or building shall forthwith, on the order of the Officer, have such substance or accumulation or condition removed. . If not complied with, the Fire Chief or designate, may cause the work to be completed and bill the Occupant of the property, premises or building on a cost recovery basis.
Chimneys and Heating Appliances 19.
All chimneys, smokestacks or similar devices for conveying smoke or hot gases to the outer air and the stoves, furnaces, fire boxes or boilers to which they are connected shall be maintained in accordance with the B.C. Fire Code.
Fire Prevention Bylaw No. 4766 Page 6…
Demolition 20.
An Officer or any Member in charge at an incident shall have authority to cause the demolition of any building or part of a building which, in that Member's judgment, should be demolished in order to prevent the spread of fire or to prevent damage to property, injury to persons or loss of life.
21.
When a building equipped with a sprinkler system is being demolished, the system shall be maintained in operation subject to sequential elimination, until demolition work is completed.
Fires 22.
No person, except an Officer or Member or an employee of the Township in the course of their employment, shall make or light any fire in any highway, road allowance, street, lane, square, park or other public place within the Township, except as so authorized by the Fire Chief.
23.
No person shall discard, throw down or drop any lighted match, cigar, cigarette or other burning substance into combustible material or in close proximity thereto.
Fire Extinguisher 24.
The owner of every business shall provide and maintain in good working order an approved number of portable fire extinguishers, available and accessible for emergency use. The fire extinguisher must comply with NFPA 10 and ULC listing.
Fire Damaged Building 25.
The Occupant of a fire-damaged building shall ensure that the premises are guarded or that all openings of the buildings are kept securely closed and fastened so as to prevent the entry of unauthorized persons.
26.
If the Occupant of a fire-damaged building fails to provide the necessary security to the building, then an Officer may have the work performed at the expense of the Occupant, on a cost recovery basis.
Inspection of Premises 27.
No person shall obstruct or interfere with any Officer or Member designated by the Fire Chief while they are carrying out any inspection pursuant to this Bylaw, the B.C. Fire Code or the Fire Services Act.
Fire Prevention Bylaw No. 4766 Page 7… 28.
Every Occupant of property, premises or building shall provide all information and shall render all assistance required by an Officer or Member in connection with the inspection of such property, premises or building pursuant to this Bylaw, the B.C. Fire Code and the Fire Services Act, R.S.B.C. 1996, chp. 144.
29.
No person shall purposely withhold or falsify any information required by an Officer or Member in connection with a permit issued under this Bylaw or refuse to assist in the carrying out of any inspection pursuant to this Bylaw, the B.C. Fire Code or the Fire Services Act, R.S.B.C. 1996, chp. 144.
30.
An Officer or any Member may at any time enter any property, premises or building to inspect it and ascertain if it is: (1) in a state of disrepair that a fire starting in it or on it might spread rapidly to endanger life or other property; (2) so used or occupied that fire would endanger life or property; (3) combustible or explosive materials are being kept or other flammable conditions exist so as to endanger life or property; and (4) a fire hazard.
PART IV – ALARMS Fire and Sprinkler Alarms 31.
Every Occupant of property, premises or buildings where there is an automatic fire sprinkler system or a fire alarm system shall notify the Fire Department prior to any service, test, repair, maintenance, adjuster, alteration or installation of the system which might activate a false alarm, which would normally result in an emergency response.
32.
Every Occupant of property, premises or buildings shall ensure the fire alarm and sprinkler systems are maintained and tested in conformance with the B.C. Fire Code and its regulations.
33.
Records of service testing and maintenance of a fire alarm or sprinkler system must be retained on site by the Occupant.
34.
When an Officer or a Member attends property, premises or buildings where a fire alarm system or a sprinkler system has been activated without proper cause, the Occupant and or building manager of the premises shall immediately correct the deficiencies to the fire alarm system and sprinkler system.
Fire Prevention Bylaw No. 4766 Page 8… Fire-watch 35.
The Occupant or Occupant’s agent of an occupied public building in which any of the fire alarm system, sprinkler system, or emergency power system is not operating shall institute and maintain in that building a fire watch in accordance with section 41 until that system is in operation.
36.
A fire-watch shall include all of the following activities: (1)
posting of written notices at all entrances and exits on each floor stating that a fire watch is in effect and its expected duration;
(2)
a physical inspection of all public areas equipped with a fire alarm detection device;
(3)
notation in an entry book at least every hour of the conditions in the building by the person or persons performing the fire watch;
(4)
provision on site of a communications device capable of making a 911 call; and
(5)
posting of instructions in the building as to the alternate actions to be taken in the case of an emergency.
Smoke Alarms 37.
Every Occupant of a building, premise and dwelling units shall ensure that smoke alarms are installed and maintained in every dwelling unit and in each sleeping room not within a dwelling unit, except for an institutional occupancy required to have a fire alarm system.
38.
Every Occupant must ensure that all smoke alarms in their building, premises and dwelling units are in working order.
39.
Smoke alarms required pursuant to this Bylaw shall conform to CAN/ULC-S531-M87 Standard For Smoke Alarms as amended and shall be installed and maintained in conformance with CAN/ULC-S533-M86 Standard as amended for the Installation of Smoke Alarms, and smoke alarms required for motels, hotels, boarding houses, rooming houses and dormitories shall in addition be installed in accordance with the B.C. Building Code.
Contact Persons 40.
The Occupant of a property, premise or building having either a fire alarm system or an automatic fire sprinkler system, monitored or non monitored, is required to establish contact persons by submitting on a form approved by the Fire Chief, yearly or on a change in reference contacts, the names and phone numbers for not less than two persons (“contact persons”) who will be available to attend, enter and secure the property, premise or building. The form, which can be obtained from the Fire Department, must contain the written consent of the persons who are to act as contact persons.
Fire Prevention Bylaw No. 4766 Page 9… 41.
Failure to provide names and phone numbers of contact persons may result in a charge being levied against the Occupant for any standby time at the property, premise or building where an alarm has resulted and the Fire Department have attended.
42.
Contact persons must attend all alarms within 45 minutes when requested by Fire Department and must attend to secure the building or premises and when appropriate, release Members and fire suppression equipment from the incident.
43.
Failure of a notified contact person to respond within the specified time may result in cost recovery for standby time.
44.
During a fire incident, a contact person must attend the scene, and contact the incident commander on scene.
45.
Any changes to designated contact persons or their phone numbers during the current year must be submitted to the Fire Department on the specified form as approved by the Fire Chief.
46.
Contact persons must have full access to the property, premises or building of which they have responsibility and be able to take control of the property, premises or building on completion of the incident from Officer.
PART V - HAZARDOUS ACTIVITIES 47.
Where the Fire Chief is made aware of an activity or situation which, in the opinion of the Fire Chief, is hazardous to life or property, the Fire Chief may: (1)
require that a fire-watch in accordance with section 41 be provided by the Occupant of any lands or buildings where that activity or situation is occurring;
(2)
order that the activity by stopped;
(3)
require that the activity be carried out only in compliance with a permit issued by the Fire Chief;
(4)
evacuate the lands or buildings until such time as the hazard to life or property has been rectified; and
(5)
order the Occupant to remove the hazard in a manner approved by the Fire Chief, in default of which the Fire Chief may have the hazard removed at the Occupant’s expense.
Fire Prevention Bylaw No. 4766 Page 10… Explosives/Hazardous Materials 48.
Every Occupant of a property, premise or building and the owner of a motor vehicle, vessel or railway rolling stock, must report immediately to the Fire Chief when an explosion, discharge, emission, escape or spill of a hazardous substance occurs, and similarly to report to the Fire Chief where the potential for an explosion or a discharge, emission, escape or spill of a hazardous substance exists.
Movie/ TV Pyrotechnics 49.
Before commencing any commercial filming where pyrotechnics are to be used, an authorization must be obtained from the Fire Chief respecting the number of Members and Fire Department equipment and other appropriate life safety and emergency resources that the Fire Chief deems necessary to be on standby on the particular day and time planned for the filming.
50.
The Fire Chief shall calculate the abovementioned resources based on the following factors:
51.
(1)
the time of day, week and year when the explosions will occur;
(2)
the number and size of explosions;
(3)
whether low or high hazard fireworks will be utilized;
(4)
the light and noise that is expected to be created by the explosions;
(5)
the proximity of the filming to residents and commercial enterprises; and
(6)
any risks to life and property that are anticipated may occur.
The Fire Chief shall charge a fee based on a calculation of the Fire Department resources utilized or placed on standby for the commercial filming, at the rates and fees set out in Schedule “A”, attached hereto and forming a part of this Bylaw.
PART VI – FIRE EMERGENCY PLANNING Fire Safety Plan 52.
All buildings, sites, storage areas or other areas shall have a Fire Safety Plan as required by the B.C. Fire Code, section 2.8.2 “Fire Safety Plan”, and such Fire Safety Plan shall be produced and submitted to the Fire Department for approval.
53.
All Fire Safety Plans shall be submitted in the form and on the diagram template acceptable to the Fire Chief, including all revisions to the original Fire Safety Plan submitted.
54.
All Occupants of property, premises and buildings where a Fire Safety Plan is required shall review their Fire Safety Plan annually and submit updated plans to the Fire Department for review.
Fire Prevention Bylaw No. 4766 Page 11…
Pre-Incident Planning 55.
The Fire Chief may establish a Pre-Incident Plan program which will apply to those classes of buildings and premises specified by the Fire Chief.
56.
Advanced notice of the establishment of this program and the class or classes of buildings or premises to which it applies shall be published in a newspaper once per week for two consecutive weeks not less than thirty (30) days prior to the program coming into effect.
57.
If such a program is established, all Occupants of buildings and premises within the class specified by the Fire Chief shall submit a Pre-Incident Plan including a diagram of their occupancy.
58.
All Pre-Incident Plan submissions shall conform to a specified form as approved by the Fire Chief. Each drawing or diagram shall be submitted in an electronic format compatible with software at the Township. All elements within the diagram shall be identified in accordance with standards or symbols established from time to time by the Fire Chief.
59.
Pre- Incident Plans must be reviewed by all Occupants at intervals not greater than twelve (12) months and updated as necessary for changes to the occupancy or the storage or change in hazardous materials or dangerous goods.
60.
An Officer on a scheduled fire inspection shall assess the current Pre-Incident Plan and shall notify the Occupant of any required changes or updating of the Pre-Incident Plan.
61.
Any Pre-Incident Plans not submitted or not revised when necessary which results in an Officer preparing the Pre-Incident Plan for an Occupant, may be charged the hourly rate and other administrative expenses based on the fees and rates set out hereto in Schedule “A”, which may be charged to the Occupant on a cost recovery basis.
PART VII – SIGNAGE Smoking Signage 62.
Every Occupant of an area inside a building and premises where combustible liquids are stored, received, or dispensed shall post adequate "NO SMOKING" signs in conspicuous places on the premises.
Elevator Signage 63.
Every Occupant of a building which is equipped with a passenger elevator shall have a sign displayed directly above the call button on each floor thereof containing the words:
Fire Prevention Bylaw No. 4766 Page 12… "In case of fire, use exit stairway. Do not use elevator." The dimensions of each such sign shall not be less than 75 mm by 130 mm. Signing Pull Stations 64.
Every Occupant of a building not equipped with a fire alarm system which is continuously monitored by an approved monitoring agency shall have a permanently mounted sign at each manual fire alarm pull station reading: “LOCAL ALARM ONLY - IN CASE OF FIRE TELEPHONE 9-1-1”
65.
The dimension of each such sign shall be not less than 50 mm by 100 mm on permanent red and white, or white on red plastic lamacoid or equivalent material.
Identification of Floors 66.
Every Occupant of every building having three (3) or more stories shall display a sign at each floor level, in each stairwell thereof, and conspicuously located therein, identifying each floor level and stairway.
PART VIII – EGRESS Exit Doors 67.
Every Occupant of a building and premise shall: (1)
keep the exit doors in good operating condition and repair;
(2)
ensure the exit doors comply with the B.C. Building Code; and
(3)
ensure that the exit doors open freely without any special knowledge.
Fire Doors or Fire Separation Devices 68.
Where fire doors or fire separation devices are installed in any building to prevent the spread of fire within such building, such doors or devices shall at all times be kept and maintained in good operating condition and repair.
Fire Prevention Bylaw No. 4766 Page 13… Emergency Access Route 69.
To allow for the access of emergency vehicles, all emergency access routes are to be unobstructed at all times, including but not limited to fences, hedges, trees, vegetation, structures, or vehicles.
70.
During construction phases all emergency access routes shall be unobstructed and have a surface condition suitable for the access of emergency vehicles.
71.
All emergency access routes shall be maintained in accordance with the B.C Building Code and the B.C. Fire Code.
72.
Removable bollards or bicycle baffles may be installed to prevent common use of emergency accesses routes. The design and installation of the bollards and baffles must conform to the specifications set out in the Township of Langley’s Subdivision and Development Control Bylaw1994 No. 3335.
73.
Primary or Secondary emergency access routes, when secured by gates, bollards, chains or other approved, removable assemblies, shall have a permanently mounted sign on each side of the obstruction of a size no less than 60 cm by 75 cm, reading: “EMERGENCY ACCESS ONLY, ABSOLUTELY NO PARKING By Order of the Township of Langley Fire Department”.
Fire Lanes 74.
Open fire lanes must be clearly marked by the use of approved permanent signage or by the use of approved highway painting of lines and works. Marking to read: “FIRE LANE - NO PARKING”; and size and colour of these markings/signs to be approved by the Fire Department prior to installation.
PART IX - FLAMMABLE AND COMBUSTIBLE LIQUID 75.
At no time shall a person store more than 22.73 litres (5 gallons) of a flammable or combustible liquid in a portable container on any residential property of less than one (1) acre, unless such storage relates solely to the servicing of ground maintenance equipment including but not limited to lawnmowers, garden tractors and rototillers. Flammable or combustible liquids shall be stored in accordance with the BC Fire Code, Section 4.2.3.
76.
Flammable and combustible products must not be stored in underground parkades unless contained in a room specifically designed for such storage.
Fire Prevention Bylaw No. 4766 Page 14… Propane Dispensing Facilities 77.
The dispensing, fueling, filling, re-fueling or refilling of propane bottles, cylinders or containers of any type shall only be carried out at facilities at service stations, recreational vehicle centres and industrial locations which have been inspected and licensed by the B.C. Safety Authority and where a person licensed by the B.C. Safety Authority to dispense propane is in attendance.
78.
Propane shall not be dispensed in single or multi-family residential areas.
79.
Every person obtaining an inspection of propane facilities by the Fire Department as required by the B.C. Safety Authority shall pay the rates and fees as set out in Schedule “A” hereto, on a cost recovery basis.
PART X – FIRE HYDRANTS AND CONNECTIONS 80.
All Fire Department connections shall be subject to Section 6.4.1.7 of the B.C. Fire Code.
81.
All fire hydrants, both Township and private, shall be of a type approved by the Fire Chief and the Engineering Department of the Township and painted standard Township colours for fire hydrants: red with white caps.
82.
All fire hydrants shall be free of all obstructions to at least one (1) metre in all directions.
83.
Unauthorized attachments found on any fire hydrants or standpipe systems may be removed by the Fire Department.
84.
The owner of every building which is equipped with a sprinkler system shall install a fire hydrant within forty-five (45) metres of each Fire Department connection to the sprinkler system.
85.
Except for Township employees acting within the scope of their duties, no person shall make use of standpipes or fire hydrants without first obtaining a permit from the Township’s Engineering Department.
86.
No person shall obstruct or otherwise interfere with access roads or streets or other approaches to any fire incident, fire hydrant, cistern or body of water designated for fire fighting purposes.
Private Fire Hydrants 87.
Owners or their agents of fire hydrants located on private property and designated for fire fighting purposes shall service and maintain all fire hydrants annually to ensure they are capable of providing the flow and pressure of water for which they were designed.
Fire Prevention Bylaw No. 4766 Page 15…
88.
A copy of the annual service record for all private fire hydrants shall be submitted to the Fire Prevention Division, Fire Department no later than December 31 of each calendar year.
89.
The Fire Department must be advised of any construction, servicing or repairs of fire hydrants located on private property that may detrimentally affect the functioning of the fire hydrant such as to reduce water volumes or pressure or temporarily disabling the fire hydrant or other affect fire safety.
PART XI – OPEN AIR BURNING Burning Permits 90.
Except as hereinafter specifically provided, no person shall light, ignite, start or burn any fire in the open air or in any portable incinerator, outdoor fireplace, oven or other portable appliance or device in the open air for any purpose without first obtaining a burning permit issued by the Township.
91.
There are three types of burning permits: (1)
an Outdoor Burning Permit in the form and substance in Schedule “A”, attached hereto and forming a part of this Bylaw;
(2)
a Land Clearing Permit the form and substance in Schedule “B” attached hereto and forming a part of this Bylaw; and
(3)
a Special Burning Permit in the form and substance in Schedule “C” attached hereto and forming a part of this Bylaw. (collectively known as “burning permits”)
92.
A fee to cover administration costs shall be charged for every burning permit in accordance with the Langley Fees and Charges.
93.
No burning permits shall be issued or burning allowed in industrial, commercial, multifamily, institutional and public assembly areas unless the fire is contained within an incinerator approved by the Greater Vancouver Regional District.
94.
No person shall start or maintain a fire upon the land of another without permission of the land owner or their agent.
95.
Burning permits shall not be transferable and must be must be kept readily available for inspection at the burning site.
Fire Prevention Bylaw No. 4766 Page 16… 96.
All open air burning must be done in conformance with the requirements of the Environmental Management Act, R.S.B.C. 2003 chp. 53 or its successor legislation and the Greater Vancouver Regional District regulations and bylaws.
Exceptions 97.
The following types of open air fires may be lighted, ignited, started, burned and maintained at any time without a burning permit and are excluded from the regulations of this Bylaw: (1)
charcoal, natural gas or propane fires contained within Canadian Standards Association approved appliances for the sole purpose of cooking food; and
(2)
fires ignited by a Member for the purpose of training Fire Department personnel in structural fire fighter methods, fire investigation procedures or for the purpose of elimination of hazards.
Outdoor Burning Permit 98.
Outdoor Burning Permits are available and open air burning is permitted only during the periods of the April 1 to April 30 (“Spring) and September 15 to October 30 (“Fall”).
99.
An Outdoor Burning Permit issued by the Township is only valid for the year and season within which it is issued, Spring or Fall.
100.
An Outdoor Burning Permit may only be issued to a person in the following circumstances and conditions: (1)
to a person who owns the property on which the outdoor fire will occur or who has the written authority to light, ignite, start or burn a fire on the property from the owner of the property;
(2)
the property is a minimum .2 hectare (.5 acres) in size and the neighbouring properties are predominantly equal or greater in size;
(3)
the fire will only burn indigenous material from the property on which the fire will occur;
(4)
the indigenous material to be burned is less than 10 cubic metres per hectare per month (4 cubic metres per acre per month);
(5)
a minimum clearance of fifteen (15) metres is provided from structures and property lines if the fire is contained in a non-combustible container and the clearance provided between structures and property lines;
(6)
the indigenous material to be burned is piled by hand and does not exceed 5 cubic metres (2m x 2m x 1.2m) at any time during the fire;
(7)
the person applying for the Outdoor Burning Permit agrees to be responsible for the fire and shall constantly watch over, manage and care for such fire and shall observe every reasonable precaution to prevent the open fire from spreading or from ashes or smoke becoming a nuisance;
Fire Prevention Bylaw No. 4766 Page 17… (8)
a hose connected to a pressurized water supply and of sufficient length to reach the fire is readily available to extinguish or restrict the fire size; and
(9)
the fire is extinguished by dusk.
Land Clearing Burning Permit 101.
A Land Clearing Burning Permit, as set out in Schedule “B” hereto, may only be issued to a person in the following circumstances and conditions: (1)
to a person who owns the property on which the land clearing fire will occur or who has the written authority to light, ignite, start or burn a fire on the property from the owner of the property;
(2)
the material to be burned is indigenous to the property such as piled brush, slash, grass, or other organic or agricultural materials originating on that property;
(3)
the property is not less than 2.02 hectares (4.2 acres) in size or consolidated properties of greater than 2.02 hectares (4.2 acres);
(4)
a forced combustion air supply may be required, of not less than 4,700 cubic metres (18,000 cubic feet) per minute, to accelerate the burning to minimize the impact of smoke or ashes on neighboring properties;
(5)
a watch is maintained on the fire until it is completely extinguished with sufficient personnel, appliances and equipment to prevent the fire from becoming dangerous to life or property;
(6)
burning shall not be carried out within a hundred (100) metres from any neighbouring residences and businesses and five hundred (500) metres from schools in session, hospitals and facilities used for continuing care;
(7)
the size of the pile to be burned shall determined by the Fire Chief, with the intention of reducing the fire’s impact on neighbours;
(8)
the fire should only be started when the Ventilation Index is “good” in accordance with the Open Burning Smoke Control Code of Practice and the permit holder may acquire this information from the Greater Vancouver Regional District (604436-6777);
(9)
no burning shall be carried out when, due to climatic conditions or other hazards, it would be unsafe to do so; and
(10)
any other conditions not listed here may be added to the permit upon issuance if the Fire Chief deems any necessary because of the property’s location, size, amount of material to be burned, time of year and the weather.
Special Burning Permit 102.
A Special Burning Permit, as set out in Schedule “C” hereto, may only be issued to a person in the following circumstances and conditions: (1)
the purpose of the fire is agricultural in nature, to eradicate grass, weeds, damaged or diseased crops or pests; or
(2)
the fire is part of a religious or ceremonial event where responsible adults will be attending with adequate knowledge and assistance to react quickly; and
Fire Prevention Bylaw No. 4766 Page 18… (3)
the time of day and day of the week when the fire will occur does not create an unreasonable burden on the Fire Department should the fire get out of hand;
(4)
the fire should only be started when the Ventilation Index is “good” in accordance with the Open Burning Smoke Control Code of Practice and the permit holder may acquire this information from the Greater Vancouver Regional District (604436-6777); and
(5)
any other conditions not listed here may be added to the permit upon issuance if the Fire Chief deems any necessary because of the property’s location, size, amount of material to be burned, time of year and the weather.
Camp Fire Permit 103.
The Fire Chief may establish a permit program for camp fires, providing that such burning shall only be carried out in the following circumstances: (1)
only in authorized campgrounds holding a valid and subsisting business license;
(2)
the size of the pile to be burned does not exceed 60 cm (23.5 inches) in width and 50 cm (19.5 inches) in height;
(3)
the material to be burned may only be dry wood, branches, twigs, and pine cones;
(4)
the campfire is set and maintained solely for the purposes of cooking food, providing warmth and recreational enjoyment;
(5)
the campfire is contained within an approved campfire pit as described in Schedule “D” hereto and forming a part of this Bylaw; and
(6)
any applicable fee has been paid and inspection completed by the Fire Department.
Demolition Burning 104.
The burning of construction or demolition materials is prohibited unless authorized in writing by the Greater Vancouver Regional District.
Prohibited Materials 105.
No person shall burn in the open air, or in any type of enclosed container: (1)
any rubber tires, oil, tar, asphalt, shingles, battery boxes, plastic materials or any other materials that would produce heavy smoke;
(2)
residential household waste;
(3)
any waste material from construction sites;
(4)
any noxious, explosive, corrosive or toxic material, pesticide or herbicide;
(5)
any animal carcass, hides, manure or parts or combinations thereof; and
(6)
any materials which are not indigenous (natural growth and vegetation) to the site where the burning occurs.
Fire Prevention Bylaw No. 4766 Page 19… 106.
No person shall transport material of any type into the Township from outside the Township with the intention of burning such material.
107.
The use of tires and liquid petroleum based products as fire starters is prohibited.
Suspension of Burning Permits 108.
The Fire Chief may order a total ban on open air burning and may suspend, cancel or restrict for such time as deemed necessary any or all burning permits issued pursuant to this Bylaw or the Forest Act, R.S.B.C. 1996, chp. 157 within the Township
109.
Officers are hereby authorized and empowered to suspend or revoke any burning permit under this Bylaw where it is determined that the holder of the burning permit has done anything which contravenes any provision of this Bylaw, the Fire Services Act, R.S.B.C. 1996, chp. 144 and any regulations thereto.
PART XII – FEES AND COSTS Re-Inspections 110.
Where a violation under the B.C. Fire Code, Fire Services Act R.S.B.C. 1996, chp. 144 or this Bylaw are observed upon inspection of a premise, property or building, an Officer may issue an order requiring that the violation be removed or corrected within a specified time period and advising of a return date for a re-inspection. If upon reinspection, the order has not been complied with and the violation not corrected, the Occupant of the premises shall be responsible for paying the costs of the re-inspection and any subsequent re-inspections at the rates and fees set out hereto in Schedule “A”.
Cost Recovery 111.
The Fire Department is authorized to charge for the use of fire services, auxiliary equipment and personnel to an Occupant of any property where the Fire Department provides a service in the following circumstances: (1)
a fire is willfully set that must be brought under control by Fire Department;
(2)
an incident that arises as a result of or in connection with the commission of an indictable offence under the Criminal Code of Canada, that must be brought under control by the Fire Department;
(3)
when the Fire Department responds to an incident where inside the structure, vehicle or building the Occupant is or has been growing, manufacturing, creating or concocting illegal drugs;
(4)
for every incident where damage is in excess of $5,000 and for which a fire investigation and fire investigation report must be completed by an Officer in accordance with the Fire Services Act, R.S.B.C. 1996, chp. 144;
(5)
where a special event is held, including but not limited to, rave parties, large concerts or other large gatherings of people and Members are required to conduct inspections, provide standby time, use equipment and other fire
Fire Prevention Bylaw No. 4766 Page 20… protection services because of the special event, whether before, after or during the special event;
112.
(6)
specialized equipment from another local government, senior level of government or source is utilized, called out or requested by the Fire Department, and the Township is subsequently charged for the use of the specialized equipment;
(7)
where contamination or damage occurs to Fire Department equipment while attending an incident at a property as a result of the presence of a hazardous substance or dangerous good on that property;
(8)
burning of any material without a required burning permit results in the Fire Department attending for fire services;
(9)
a burning permit was issued to the Occupant but since commencement of the fire, the Fire Department has directed that the fire be extinguished and the Occupant refuses to do so resulting in the Fire Department extinguishing the fire; and
(10)
a fire education lecture, fire extinguisher demonstration or any other training related to fire and life safety education.
Failure to pay fees and charges for cost recovery of Fire Department time and equipment, including equipment replacement shall result in such costs being applied to the property taxes of the property. If unpaid after December 31 of any calendar year, such unpaid fees and charges accrue interest and are recoverable in the same manner as property taxes.
PART XIII – ENFORCEMENT 113.
The Fire Chief, Officers and Members may enforce the B.C. Fire Code and any Township bylaws and regulations, including this Bylaw, for the prevention and suppression of fires, to the extent and utilizing the methods that they deem necessary.
114.
Any person who contravenes any of the provisions of this Bylaw may be subject to fines specified in the Township’s Bylaw for municipal tickets as authorized under Part 8, Division 3 of the Community Charter, S.B.C. 2003, Chap. 26.
115.
Any person who contravenes any of the provisions of this Bylaw may be prosecuted under the Offence Act, R.S.B.C. 1996, chp. 338 and if found guilty of an infraction may be charged a fine of not less $2,000 and not more than $10,000 and in the case of a continuing offence, for each day that the offence continues shall be a separate fine of not less than $2,000 or more than a fine of $10,000.
116.
Any person who contravenes any of the provisions of this Bylaw, in addition to any other penalty provided for pursuant to this Bylaw, shall be liable to the Township for the cost of fighting any fire which causes damage to lands or property as a result of such
Fire Prevention Bylaw No. 4766 Page 21… contravention, and the same may be recovered by action in any Court of competent jurisdiction at suit of the Township. 117.
Any person who contravenes any of the provisions of this Bylaw may have proceedings brought against them in Supreme Court to enforce, or prevent or restrain the contravention of any provision of this Bylaw.
PART XIV - GENERAL PROVISIONS 118.
If any section, sub-section, clause, part or wording of the Bylaw is held invalid by a court of competent jurisdiction, the invalid portion shall be severed and the remainder of the Bylaw shall be deemed to have been adopted without the invalid and severed section, sub-section, clause, part or wording.
119.
In the event of any inconsistency between the provisions of this Bylaw and the provisions contained in a statute or regulation enacted by the Government of the Dominion of Canada or the Province of British Columbia, the more restrictive provisions of those statutes or regulations shall apply.
120.
Nothing in this Bylaw shall be construed to mean that either the Fire Department or any Member has a duty to perform any of the functions or tasks set out in this Bylaw.
121.
Where any unpaid fees or charge is added to the property taxes it shall thereafter accrue interest and be recoverable in the same manner as property taxes.
122.
In this Bylaw words importing the male gender include the female gender and either include the neuter and vice versa, and words importing the singular number include the plural.
Repeal The Fire Prevention Bylaw 2005 No. 4410 is hereby repealed in its entirety. READ A FIRST TIME the
06
day of
July
, 2009
READ A SECOND TIME the
06
day of
July
, 2009
READ A THIRD TIME the
06
day of
July
, 2009
RECONSIDERED AND ADOPTED the
Mayor
day of
,
Deputy Township Clerk
FIRE PREVENTION BYLAW 2005 NO. 4410 Schedule “A”
OUTDOOR BURNING PERMIT
Permit Fee: $20.00
Permit No:______
Spring, 200_ Fall, 200_
Applicant’s Name Address where fire will occur Business Phone Number
Home Phone Number
(no answering machines please)
Cell Phone Number If the Applicant is not the Registered Owner of the property where the fire will occur, please complete: Name of Registered Owner Address City, Province & Postal Code Business Phone Number (no answering machines please)
Home Phone Number
I, the Applicant, hereby confirm that I have read and understand the terms and conditions in the Fire Prevention Bylaw 2005 No. 4410 set out on the reverse of this permit and I agree and promise to carry out the outdoor burning in accordance with them, and I accept full responsibility, including all costs, damages and claims arising out of this permit or any fire started under this permit. Burning Permit in effect from __/__/200_ to __/__/200_ Signature of Applicant
Signature of Issuer THIS PERMIT IS NOT VALID FOR THE BURNING OF LAND CLEARING DEBRIS
Fire Prevention Bylaw No. 4766 Page 2…
Reverse Side of Outdoor Burning Permit Conditions: An Outdoor Burning Permit may only be issued to a person in the following circumstances: (1)
to a person who owns the property on which the outdoor fire will occur or who has the written authority to light, ignite, start or burn a fire on the property from the owner of the property;
(2)
the property is a minimum .2 hectare (.5 acres) in size and the neighbouring properties are predominantly equal or greater in size;
(3)
the fire will only burn indigenous material from the property on which the fire will occur;
(4)
the indigenous material to be burned is less than 10 cubic metres per hectare per month (4 cubic metres per acre per month);
(5)
a minimum clearance of fifteen (15) metres is provided from structures and property lines if the fire is contained in a non-combustible container and the clearance provided between structures and property lines;
(6)
the indigenous material to be burned is piled by hand and does not exceed 5 cubic metres (2m x 2m x 1.2m) at any time during the fire;
(7)
the person applying for the Outdoor Burning Permit agrees to be responsible for the fire and shall constantly watch over, manage and care for such fire and shall observe every reasonable precaution to prevent the open fire from spreading or from ashes or smoke becoming a nuisance;
(8)
a hose connected to a pressurized water supply and of sufficient length to reach the fire is readily available to extinguish or restrict the fire size; and
(9)
the fire is extinguished by dusk.
Fire Prevention Bylaw No. 4766 Page 3…
FIRE PREVENTION BYLAW 2005 NO. 4410 AMENDMENT BYLAW 2009 NO. 4766 Schedule “C”
LAND CLEARING BURNING PERMIT
Permit Fee: $100.00
Permit No:
Applicant’s Name Address where fire will occur Business Phone Number (no answering machines please)
Home Phone Number Cell Phone Number
If the Applicant is not the Registered Owner of the property where the fire will occur, please complete: Name of Registered Owner Address City, Province & Postal Code Business Phone Number (no answering machines please)
Home Phone Number
The use of forced air combustion equipment at a minimum of 18,000 cubic feet per minute to accelerate the fire is required for all land clearing fires burning on non-Agricultural Land Reserve. Is the property where burning will occur in the Agricultural Land Reserve? Yes No I, the Applicant, hereby confirm that I have read and understand the terms and conditions in the Fire Prevention Bylaw 2005 No. 4410 set out on the reverse of this permit and I agree and promise to carry out the land clearing fire in accordance with them, and I accept full responsibility, including all costs, damages and claims arising out of this permit or any fire started under this permit. Land Clearing Burning Permit in effect from __/__/200_ to __/__/200_ Signature of Applicant
Signature of Issuer THIS PERMIT IS ONLY VALID FOR INDIGENOUS MATERIAL
Fire Prevention Bylaw No. 4766 Page 4…
Reverse Side of Land Clearing Burning Permit Conditions: A Land Clearing Burning Permit may only be issued to a person in the following circumstances and conditions: (1)
to a person who owns the property on which the land clearing fire will occur or who has the written authority to light, ignite, start or burn a fire on the property from the owner of the property;
(2)
the material to be burned is indigenous to the property such as piled brush, slash, grass, or other organic or agricultural materials originating on that property;
(3)
the property is not less than 2.02 hectares (4.2 acres) in size or consolidated properties of greater than 2.02 hectares (4.2 acres);
(4)
a forced combustion air supply may be required, of not less than 4,700 cubic metres (18,000 cubic feet) per minute, to accelerate the burning to minimize the impact of smoke or ashes on neighboring properties;
(5)
a watch is maintained on the fire until it is completely extinguished with sufficient personnel, appliances and equipment to prevent the fire from becoming dangerous to life or property;
(6)
burning shall not be carried out within a hundred (100) metres from any neighbouring residences and businesses and five hundred (500) metres from schools in session, hospitals and facilities used for continuing care;
(7)
the size of the pile to be burned shall determined by the Fire Chief, with the intention of reducing the fire’s impact on neighbours;
(8)
the fire should only be started when the Ventilation Index is “good” in accordance with the Open Burning Smoke Control Code of Practice and the permit holder may acquire this information from the Greater Vancouver Regional District (604436-6777);
(9)
no burning shall be carried out when, due to climatic conditions or other hazards, it would be unsafe to do so; and
(10)
any other conditions not listed here may be added to the permit upon issuance if the Fire Chief deems any necessary because of the property’s location, size, amount of material to be burned, time of year and the weather.
Fire Prevention Bylaw No. 4766 Page 5…
FIRE PREVENTION BYLAW 2005 NO. 4410 AMENDMENT BYLAW 2009 NO. 4766 Schedule “D”
SPECIAL BURNING PERMIT
Permit Fee: $50.00
Permit No:
Applicant’s Name Address where fire will occur Business Phone Number (no answering machines please)
Home Phone Number Cell Phone Number
If the Applicant is not the Registered Owner of the property where the fire will occur, please complete: Name of Registered Owner Address City, Province & Postal Code Business Phone Number (no answering machines please)
Home Phone Number
What is the nature of your special event?__________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __ I, the Applicant, hereby confirm that I have read and understand the terms and conditions in the Fire Prevention Bylaw 2005 No. 4410 set out on the reverse of this permit and I agree and promise to carry out the fire at the special event in accordance with them, and I accept full responsibility, including all costs, damages and claims arising out of this permit or any fire started under this permit. Special Burning Permit in effect from __/__/200_ to __/__/200_ Signature of Applicant
Signature of Issuer THIS PERMIT IS NOT VALID FOR THE BURNING OF LAND CLEARING DEBRIS
Fire Prevention Bylaw No. 4766 Page 6…
Reverse Side of Special Burning Permit Conditions: A Special Burning Permit may only be issued to a person in the following circumstances and conditions: (1)
the purpose of the fire is agricultural in nature, to eradicate grass, weeds, damaged or diseased crops or pests; or
(2)
the fire is part of a religious or ceremonial event where responsible adults will be attending with adequate knowledge and assistance to react quickly; and
(3)
the time of day and day of the week when the fire will occur does not create an unreasonable burden on the Fire Department should the fire get out of hand; and
(4)
any other conditions not listed here may be added to the permit upon issuance if the Fire Chief deems any necessary because of the property’s location, size, amount of material to be burned, time of year and the weather.
Fire Prevention Bylaw No. 4766 Page 7…
REPORT TO MAYOR AND COUNCIL
PRESENTED: FROM: SUBJECT:
REPORT: JULY 6, 2009 - REGULAR MEETING 09-103 FILE: CORPORATE ADMINISTRATION 3900-20 FIRE PREVENTION BYLAW 2005 NO. 4410 AMENDMENT BYLAW 2009 NO. 4766
RECOMMENDATION(S): That Council give first, second and third reading to Fire Prevention Bylaw 2005 No. 4410 Amendment Bylaw 2009 No. 4766. EXECUTIVE SUMMARY: Fire Prevention Bylaw 2005 No. 4410 exists to regulate fire prevention and suppression, specifically dealing with fire risks, alarms, hazardous activities, fire emergency planning, signage, egress, flammable and combustible liquids, fire hydrants and connections, open air burning, fees and costs, and enforcement. Currently Township Fire Prevention Fees and Charges – Cost Recovery are embedded in the Township’s Fire Prevention Bylaw 2005 No. 4410 as Schedule B. With the goal of consolidating, where practical, the Township’s fees and charges into one bylaw, this “housekeeping” report is recommending the amendment of the Bylaw to remove all references to Fees and Charges. Finance Division is concurrently bringing forward an amendment to the Township’s Fees and Charges Bylaw, including a revised schedule of fees and charges that pertains to Fire Prevention. By removing fees and charges (Schedule B) from Fire Prevention Bylaw No. 4410 and embedding them in the Township’s Fees and Charges Bylaw, it will simplify the process for the Division to review and enact changes to fire prevention fees and charges on an annual basis. PURPOSE: The purpose of this report is to seek Council’s authorization for the Fire Prevention Bylaw 2005 No. 4410 Amendment Bylaw 2009 No. 4766.
DISCUSSION/ANALYSIS: This bylaw amendment administratively removes all references to fees and charges from the Fire Prevention Bylaw 2005 No. 4410 (Schedule A) allowing for their inclusion with all other fees as “Schedule 7” contained within the Finance Division’s concurrent Fees and Charges Bylaw amendment, as well as making the following modifications: (a)
Amend the definition of “fee” under Part I – Introduction, to include reference to the Township of Langley fees and Charges Bylaw to read as follows: “fee” means any of the fees described and listed in the Township of Langley Fees and Charges Bylaw;
(b)
Amend Section 91(1), (2), and (3) to update reference to attached Schedules as follows: (1) an Outdoor burning Permit in the form and substance in Schedule “A”, attached hereto and forming a part of this Bylaw; (2) a Land Clearing Permit the form and substance in Schedule “B” attached hereto and forming a part of this bylaw and (3) a Special Burning Permit in the form and substance in Schedule “C” attached hereto and forming a part of this Bylaw.
(c)
Amend section 92. by adding in “listed in the Township of Langley Fees and Charges Bylaw”.
(d)
Amend section 102. by changing Schedule “D” to Schedule “C”.
These amendments to the Fire Prevention Bylaw are therefore mainly for “housekeeping” purposes. The concurrent Fees and Charges Bylaw amendment addresses the actual fees and charges for Fire Prevention services and the rationale for their adjustment. Respectfully submitted, Patty Catlin DEPUTY TOWNSHIP CLERK for CORPORATE ADMINISTRATION This report has been prepared in consultation with the following listed departments. CONCURRENCES Division FINANCE FIRE
Name HILARY TSIKAYI BRUCE FERGUSON
ATTACHMENT 1 – FIRE PREVENTION BYLAW 2005 NO. 4410 ATTACHMENT 2 – FIRE PREVENTION BYLAW 2005 NO. 4410 AMENDMENT BYLAW 2009 NO. 4766
THE CORPORATION OF THE TOWNSHIP OF LANGLEY FIRE PREVENTION BYLAW 2005 NO. 4410 AMENDMENT BYLAW 2009 NO. 4766
WHEREAS both the Community Charter, S.B.C. 2003 chp. 26 and the Fire Services Act, R.S.B.C. 1996 chp. 144 provide for municipal councils to establish services to prevent and suppress fires, as well as other powers relating to hazards, dangerous conditions and public safety; AND WHEREAS the Council of the Township of Langley deems it necessary and desirable to provide for fire suppression and prevention services as well as other services in the interests of public safety; NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS:
PART I - INTRODUCTION Title 1.
This Bylaw may be cited for all purposes as “Fire Prevention Bylaw 2005 No. 4410 Amendment Bylaw 2007 No. 4766”.
Definitions 2.
In this Bylaw all words and phrases shall be construed as having their ordinary meaning except those words and phrases defined in accordance with the current B.C. Building Code, the Fire Services Act, R.S.B.C. 1996 chp. 144 or the B.C. Fire Code, as the context and circumstances may require.
3.
The following words and phrases shall have the meanings hereby assigned,
“Agricultural Land Reserve” means agricultural land designated as an agricultural land reserve under any current provincial statute and includes an agricultural land reserve under a former provincial statute; “B.C. Building Code” means the current Building Code for the Province of British Columbia adopted by regulation under the Local Government Act, section 692 and any successor legislation;
Fire Prevention Bylaw No. 4766 Page 2… “B.C. Fire Code” means the “National Fire Code of Canada 1995" as adopted by British Columbia by Regulation 318/2003 of the Fire Services Act, R.S.B.C. 1996, chp. 144, and amended from time to time; “Council” means the locally elected council of the Corporation of the Township of Langley; “emergency access route” means a private drive, roadway, driveway, lane or portion of a yard which has been provided for access by the Fire Department equipment in accordance with section 3.2.5.6. of the B.C. Building Code and applicable sections of the Township of Langley’s Subdivision and Development Control Bylaw 1994 No. 3335 and any successor legislation. “false alarm” means any activation of an alarm system, done intentionally or unintentionally, including activation by malfunction of the alarm system which causes the unnecessary response of the Fire Department; “fee” means any of the fees described and listed in the Township of Langley Fees and Charges Bylaw; “Fire Chief” means the person appointed by Council to be in charge of the Protective Services Division and in their absence their designated alternate; “Fire Department” means that section of the Protective Services Division of the Township that is responsible for prevention, suppression, control and extinguishment of fires as well as other responsibilities set out in this Bylaw as well as in the Langley Fire Department Establishment Bylaw 1990 No. 2615 and other related regulations and legislation relating to rescue operations and public safety; “Fire Department Connection” means a connection through which the Fire Department can pump water into the standpipe system and/or sprinkler system; “incident” means any event to which Members of the Fire Department are called out to attend or to which they respond. “Movie/TV Pyrotechnics” means any low or high hazard fireworks utilized at a movie or television production; “Member” means any person that is an employee or paid-call fire fighter with the Fire Department;
Fire Prevention Bylaw No. 4766 Page 3… “Occupant” includes the registered owner and any lessee, tenant and licensee of any building or premises; “Officer” means those members of the Fire Department who are the Fire Chief, District Chiefs, Assistant Chiefs, Fire Prevention Officers, Public Educators, Fire Training Officers, Fire Inspectors, Captains and Lieutenants; “Township” means “The Corporation of the Township of Langley”. Adoption of the B.C. Fire Code 4.
The B.C. Fire Code is hereby adopted and made part of this Bylaw and shall be applicable within the Township.
5.
In the event of any inconsistency between the provisions of this Bylaw and the provisions contained in a statute or regulation enacted by the Government of the Dominion of Canada or the Province of British Columbia, the more restrictive provisions of those statutes or regulation shall apply.
6.
Nothing in this Bylaw shall be construed to mean that either the Fire Department or any Officer or Member of that Fire Department has a duty to perform any of the functions or tasks set out in this Bylaw.
Limits of Jurisdiction 7.
The geographical limits of the jurisdiction of the Fire Department shall be the area within the boundaries of the Township, and no apparatus of the Fire Department shall be used beyond the boundaries of the Township unless the Township has: (1)
entered into a Mutual Aid Agreement for that purpose;
(2)
obtained the consent of the affected local government under Section 13 of the Community Charter; or
(3)
agreed to provide assistance in a provincial local emergency within British Columbia or Canada.
Fire Prevention Bylaw No. 4766 Page 4…
PART II – PREVENTION, CONTROL AND ENFORCEMENT 8.
The Fire Department may take all necessary measures for the prevention, suppression, control and extinguishment of fires, for mitigating the effects of dangerous goods incidents and for the protection of life, property, and the environment including rescue operations and the administration of first aid.
Right to Enter 9.
The Fire Chief or any other Member in charge at an incident is empowered to enter, pass through or over buildings or property and to cause any apparatus or equipment of the Fire Department to enter, as the Member deems necessary, upon any lands, structure, and buildings, for the purpose of attending to any fire, medical or other emergency.
Commandeering of Equipment 10.
An Officer or any Member in charge at an incident is empowered to commandeer personnel and privately-owned equipment which is considered necessary to deal with an incident.
Hindrance 11.
No person shall impede or hinder in any way an Officer or Member in the execution of their duties or any other person under the direction of an Officer or Member in charge at an incident and, without limiting the generality of the foregoing, no person shall refuse to permit any Member to enter into or upon any premises from which a fire alarm has been received or in or upon which the Member has reasonable grounds to believe that an incident has occurred or may occur.
12.
An Officer or any Member in charge at an incident may establish limited entry areas in the vicinity of the fire, emergency or incident, and no person shall enter that area without the permission of the Officer or Member in charge.
13.
A person shall not falsely be represented as a Member, nor wear or display any Fire Department badge, cap, button, insignia or other paraphernalia for the purpose of such false representation.
14.
No person shall stand, walk on, or drive over a charged Fire Department hose or be within 10 metres of a charged hose line.
Fire Prevention Bylaw No. 4766 Page 5… General Conduct 15.
16.
Every person at or near a fire, emergency, or other incident shall: (1)
comply with the orders or directions of any Member; and
(2)
provide any information that person may have relating to the incident to any Member who requests that information.
No person other than a Member shall ride on any fire truck or other Fire Department vehicle or apparatus at any time unless authorized by the Fire Chief.
Addresses 17.
An individual address must be placed on every new or existing building or structure in such a position as to be plainly visible and legible from the street, road, fire lane, emergency access route or other right of way or easement and at the front of the structure and must meet the following minimum criteria: (1)
the address must be legible from a distance of fifteen (15) metres;
(2)
the letters or numbers of any addresses shall be a minimum of five (5) inches in height and no less than half an inch (½" inch) in width; and
(3)
the letters or numbers shall be of a colour in contrast with any background colour of the building or structure.
PART III – FIRE RISKS Rubbish, Debris and Other Fire Hazards 18.
Whenever any flammable, combustible or explosive material or any accumulation of waste materials or refuse of a nature liable to catch fire is situated as to endanger life or property, or to obstruct ingress or egress from a building, or where a condition exists which is considered by an Officer to be a fire hazard, the Occupant of the property, premises or building shall forthwith, on the order of the Officer, have such substance or accumulation or condition removed. . If not complied with, the Fire Chief or designate, may cause the work to be completed and bill the Occupant of the property, premises or building on a cost recovery basis.
Chimneys and Heating Appliances 19.
All chimneys, smokestacks or similar devices for conveying smoke or hot gases to the outer air and the stoves, furnaces, fire boxes or boilers to which they are connected shall be maintained in accordance with the B.C. Fire Code.
Fire Prevention Bylaw No. 4766 Page 6…
Demolition 20.
An Officer or any Member in charge at an incident shall have authority to cause the demolition of any building or part of a building which, in that Member's judgment, should be demolished in order to prevent the spread of fire or to prevent damage to property, injury to persons or loss of life.
21.
When a building equipped with a sprinkler system is being demolished, the system shall be maintained in operation subject to sequential elimination, until demolition work is completed.
Fires 22.
No person, except an Officer or Member or an employee of the Township in the course of their employment, shall make or light any fire in any highway, road allowance, street, lane, square, park or other public place within the Township, except as so authorized by the Fire Chief.
23.
No person shall discard, throw down or drop any lighted match, cigar, cigarette or other burning substance into combustible material or in close proximity thereto.
Fire Extinguisher 24.
The owner of every business shall provide and maintain in good working order an approved number of portable fire extinguishers, available and accessible for emergency use. The fire extinguisher must comply with NFPA 10 and ULC listing.
Fire Damaged Building 25.
The Occupant of a fire-damaged building shall ensure that the premises are guarded or that all openings of the buildings are kept securely closed and fastened so as to prevent the entry of unauthorized persons.
26.
If the Occupant of a fire-damaged building fails to provide the necessary security to the building, then an Officer may have the work performed at the expense of the Occupant, on a cost recovery basis.
Inspection of Premises 27.
No person shall obstruct or interfere with any Officer or Member designated by the Fire Chief while they are carrying out any inspection pursuant to this Bylaw, the B.C. Fire Code or the Fire Services Act.
Fire Prevention Bylaw No. 4766 Page 7… 28.
Every Occupant of property, premises or building shall provide all information and shall render all assistance required by an Officer or Member in connection with the inspection of such property, premises or building pursuant to this Bylaw, the B.C. Fire Code and the Fire Services Act, R.S.B.C. 1996, chp. 144.
29.
No person shall purposely withhold or falsify any information required by an Officer or Member in connection with a permit issued under this Bylaw or refuse to assist in the carrying out of any inspection pursuant to this Bylaw, the B.C. Fire Code or the Fire Services Act, R.S.B.C. 1996, chp. 144.
30.
An Officer or any Member may at any time enter any property, premises or building to inspect it and ascertain if it is: (1) in a state of disrepair that a fire starting in it or on it might spread rapidly to endanger life or other property; (2) so used or occupied that fire would endanger life or property; (3) combustible or explosive materials are being kept or other flammable conditions exist so as to endanger life or property; and (4) a fire hazard.
PART IV – ALARMS Fire and Sprinkler Alarms 31.
Every Occupant of property, premises or buildings where there is an automatic fire sprinkler system or a fire alarm system shall notify the Fire Department prior to any service, test, repair, maintenance, adjuster, alteration or installation of the system which might activate a false alarm, which would normally result in an emergency response.
32.
Every Occupant of property, premises or buildings shall ensure the fire alarm and sprinkler systems are maintained and tested in conformance with the B.C. Fire Code and its regulations.
33.
Records of service testing and maintenance of a fire alarm or sprinkler system must be retained on site by the Occupant.
34.
When an Officer or a Member attends property, premises or buildings where a fire alarm system or a sprinkler system has been activated without proper cause, the Occupant and or building manager of the premises shall immediately correct the deficiencies to the fire alarm system and sprinkler system.
Fire Prevention Bylaw No. 4766 Page 8… Fire-watch 35.
The Occupant or Occupant’s agent of an occupied public building in which any of the fire alarm system, sprinkler system, or emergency power system is not operating shall institute and maintain in that building a fire watch in accordance with section 41 until that system is in operation.
36.
A fire-watch shall include all of the following activities: (1)
posting of written notices at all entrances and exits on each floor stating that a fire watch is in effect and its expected duration;
(2)
a physical inspection of all public areas equipped with a fire alarm detection device;
(3)
notation in an entry book at least every hour of the conditions in the building by the person or persons performing the fire watch;
(4)
provision on site of a communications device capable of making a 911 call; and
(5)
posting of instructions in the building as to the alternate actions to be taken in the case of an emergency.
Smoke Alarms 37.
Every Occupant of a building, premise and dwelling units shall ensure that smoke alarms are installed and maintained in every dwelling unit and in each sleeping room not within a dwelling unit, except for an institutional occupancy required to have a fire alarm system.
38.
Every Occupant must ensure that all smoke alarms in their building, premises and dwelling units are in working order.
39.
Smoke alarms required pursuant to this Bylaw shall conform to CAN/ULC-S531-M87 Standard For Smoke Alarms as amended and shall be installed and maintained in conformance with CAN/ULC-S533-M86 Standard as amended for the Installation of Smoke Alarms, and smoke alarms required for motels, hotels, boarding houses, rooming houses and dormitories shall in addition be installed in accordance with the B.C. Building Code.
Contact Persons 40.
The Occupant of a property, premise or building having either a fire alarm system or an automatic fire sprinkler system, monitored or non monitored, is required to establish contact persons by submitting on a form approved by the Fire Chief, yearly or on a change in reference contacts, the names and phone numbers for not less than two persons (“contact persons”) who will be available to attend, enter and secure the property, premise or building. The form, which can be obtained from the Fire Department, must contain the written consent of the persons who are to act as contact persons.
Fire Prevention Bylaw No. 4766 Page 9… 41.
Failure to provide names and phone numbers of contact persons may result in a charge being levied against the Occupant for any standby time at the property, premise or building where an alarm has resulted and the Fire Department have attended.
42.
Contact persons must attend all alarms within 45 minutes when requested by Fire Department and must attend to secure the building or premises and when appropriate, release Members and fire suppression equipment from the incident.
43.
Failure of a notified contact person to respond within the specified time may result in cost recovery for standby time.
44.
During a fire incident, a contact person must attend the scene, and contact the incident commander on scene.
45.
Any changes to designated contact persons or their phone numbers during the current year must be submitted to the Fire Department on the specified form as approved by the Fire Chief.
46.
Contact persons must have full access to the property, premises or building of which they have responsibility and be able to take control of the property, premises or building on completion of the incident from Officer.
PART V - HAZARDOUS ACTIVITIES 47.
Where the Fire Chief is made aware of an activity or situation which, in the opinion of the Fire Chief, is hazardous to life or property, the Fire Chief may: (1)
require that a fire-watch in accordance with section 41 be provided by the Occupant of any lands or buildings where that activity or situation is occurring;
(2)
order that the activity by stopped;
(3)
require that the activity be carried out only in compliance with a permit issued by the Fire Chief;
(4)
evacuate the lands or buildings until such time as the hazard to life or property has been rectified; and
(5)
order the Occupant to remove the hazard in a manner approved by the Fire Chief, in default of which the Fire Chief may have the hazard removed at the Occupant’s expense.
Fire Prevention Bylaw No. 4766 Page 10… Explosives/Hazardous Materials 48.
Every Occupant of a property, premise or building and the owner of a motor vehicle, vessel or railway rolling stock, must report immediately to the Fire Chief when an explosion, discharge, emission, escape or spill of a hazardous substance occurs, and similarly to report to the Fire Chief where the potential for an explosion or a discharge, emission, escape or spill of a hazardous substance exists.
Movie/ TV Pyrotechnics 49.
Before commencing any commercial filming where pyrotechnics are to be used, an authorization must be obtained from the Fire Chief respecting the number of Members and Fire Department equipment and other appropriate life safety and emergency resources that the Fire Chief deems necessary to be on standby on the particular day and time planned for the filming.
50.
The Fire Chief shall calculate the abovementioned resources based on the following factors:
51.
(1)
the time of day, week and year when the explosions will occur;
(2)
the number and size of explosions;
(3)
whether low or high hazard fireworks will be utilized;
(4)
the light and noise that is expected to be created by the explosions;
(5)
the proximity of the filming to residents and commercial enterprises; and
(6)
any risks to life and property that are anticipated may occur.
The Fire Chief shall charge a fee based on a calculation of the Fire Department resources utilized or placed on standby for the commercial filming, at the rates and fees set out in Schedule “A”, attached hereto and forming a part of this Bylaw.
PART VI – FIRE EMERGENCY PLANNING Fire Safety Plan 52.
All buildings, sites, storage areas or other areas shall have a Fire Safety Plan as required by the B.C. Fire Code, section 2.8.2 “Fire Safety Plan”, and such Fire Safety Plan shall be produced and submitted to the Fire Department for approval.
53.
All Fire Safety Plans shall be submitted in the form and on the diagram template acceptable to the Fire Chief, including all revisions to the original Fire Safety Plan submitted.
54.
All Occupants of property, premises and buildings where a Fire Safety Plan is required shall review their Fire Safety Plan annually and submit updated plans to the Fire Department for review.
Fire Prevention Bylaw No. 4766 Page 11…
Pre-Incident Planning 55.
The Fire Chief may establish a Pre-Incident Plan program which will apply to those classes of buildings and premises specified by the Fire Chief.
56.
Advanced notice of the establishment of this program and the class or classes of buildings or premises to which it applies shall be published in a newspaper once per week for two consecutive weeks not less than thirty (30) days prior to the program coming into effect.
57.
If such a program is established, all Occupants of buildings and premises within the class specified by the Fire Chief shall submit a Pre-Incident Plan including a diagram of their occupancy.
58.
All Pre-Incident Plan submissions shall conform to a specified form as approved by the Fire Chief. Each drawing or diagram shall be submitted in an electronic format compatible with software at the Township. All elements within the diagram shall be identified in accordance with standards or symbols established from time to time by the Fire Chief.
59.
Pre- Incident Plans must be reviewed by all Occupants at intervals not greater than twelve (12) months and updated as necessary for changes to the occupancy or the storage or change in hazardous materials or dangerous goods.
60.
An Officer on a scheduled fire inspection shall assess the current Pre-Incident Plan and shall notify the Occupant of any required changes or updating of the Pre-Incident Plan.
61.
Any Pre-Incident Plans not submitted or not revised when necessary which results in an Officer preparing the Pre-Incident Plan for an Occupant, may be charged the hourly rate and other administrative expenses based on the fees and rates set out hereto in Schedule “A”, which may be charged to the Occupant on a cost recovery basis.
PART VII – SIGNAGE Smoking Signage 62.
Every Occupant of an area inside a building and premises where combustible liquids are stored, received, or dispensed shall post adequate "NO SMOKING" signs in conspicuous places on the premises.
Elevator Signage 63.
Every Occupant of a building which is equipped with a passenger elevator shall have a sign displayed directly above the call button on each floor thereof containing the words:
Fire Prevention Bylaw No. 4766 Page 12… "In case of fire, use exit stairway. Do not use elevator." The dimensions of each such sign shall not be less than 75 mm by 130 mm. Signing Pull Stations 64.
Every Occupant of a building not equipped with a fire alarm system which is continuously monitored by an approved monitoring agency shall have a permanently mounted sign at each manual fire alarm pull station reading: “LOCAL ALARM ONLY - IN CASE OF FIRE TELEPHONE 9-1-1”
65.
The dimension of each such sign shall be not less than 50 mm by 100 mm on permanent red and white, or white on red plastic lamacoid or equivalent material.
Identification of Floors 66.
Every Occupant of every building having three (3) or more stories shall display a sign at each floor level, in each stairwell thereof, and conspicuously located therein, identifying each floor level and stairway.
PART VIII – EGRESS Exit Doors 67.
Every Occupant of a building and premise shall: (1)
keep the exit doors in good operating condition and repair;
(2)
ensure the exit doors comply with the B.C. Building Code; and
(3)
ensure that the exit doors open freely without any special knowledge.
Fire Doors or Fire Separation Devices 68.
Where fire doors or fire separation devices are installed in any building to prevent the spread of fire within such building, such doors or devices shall at all times be kept and maintained in good operating condition and repair.
Fire Prevention Bylaw No. 4766 Page 13… Emergency Access Route 69.
To allow for the access of emergency vehicles, all emergency access routes are to be unobstructed at all times, including but not limited to fences, hedges, trees, vegetation, structures, or vehicles.
70.
During construction phases all emergency access routes shall be unobstructed and have a surface condition suitable for the access of emergency vehicles.
71.
All emergency access routes shall be maintained in accordance with the B.C Building Code and the B.C. Fire Code.
72.
Removable bollards or bicycle baffles may be installed to prevent common use of emergency accesses routes. The design and installation of the bollards and baffles must conform to the specifications set out in the Township of Langley’s Subdivision and Development Control Bylaw1994 No. 3335.
73.
Primary or Secondary emergency access routes, when secured by gates, bollards, chains or other approved, removable assemblies, shall have a permanently mounted sign on each side of the obstruction of a size no less than 60 cm by 75 cm, reading: “EMERGENCY ACCESS ONLY, ABSOLUTELY NO PARKING By Order of the Township of Langley Fire Department”.
Fire Lanes 74.
Open fire lanes must be clearly marked by the use of approved permanent signage or by the use of approved highway painting of lines and works. Marking to read: “FIRE LANE - NO PARKING”; and size and colour of these markings/signs to be approved by the Fire Department prior to installation.
PART IX - FLAMMABLE AND COMBUSTIBLE LIQUID 75.
At no time shall a person store more than 22.73 litres (5 gallons) of a flammable or combustible liquid in a portable container on any residential property of less than one (1) acre, unless such storage relates solely to the servicing of ground maintenance equipment including but not limited to lawnmowers, garden tractors and rototillers. Flammable or combustible liquids shall be stored in accordance with the BC Fire Code, Section 4.2.3.
76.
Flammable and combustible products must not be stored in underground parkades unless contained in a room specifically designed for such storage.
Fire Prevention Bylaw No. 4766 Page 14… Propane Dispensing Facilities 77.
The dispensing, fueling, filling, re-fueling or refilling of propane bottles, cylinders or containers of any type shall only be carried out at facilities at service stations, recreational vehicle centres and industrial locations which have been inspected and licensed by the B.C. Safety Authority and where a person licensed by the B.C. Safety Authority to dispense propane is in attendance.
78.
Propane shall not be dispensed in single or multi-family residential areas.
79.
Every person obtaining an inspection of propane facilities by the Fire Department as required by the B.C. Safety Authority shall pay the rates and fees as set out in Schedule “A” hereto, on a cost recovery basis.
PART X – FIRE HYDRANTS AND CONNECTIONS 80.
All Fire Department connections shall be subject to Section 6.4.1.7 of the B.C. Fire Code.
81.
All fire hydrants, both Township and private, shall be of a type approved by the Fire Chief and the Engineering Department of the Township and painted standard Township colours for fire hydrants: red with white caps.
82.
All fire hydrants shall be free of all obstructions to at least one (1) metre in all directions.
83.
Unauthorized attachments found on any fire hydrants or standpipe systems may be removed by the Fire Department.
84.
The owner of every building which is equipped with a sprinkler system shall install a fire hydrant within forty-five (45) metres of each Fire Department connection to the sprinkler system.
85.
Except for Township employees acting within the scope of their duties, no person shall make use of standpipes or fire hydrants without first obtaining a permit from the Township’s Engineering Department.
86.
No person shall obstruct or otherwise interfere with access roads or streets or other approaches to any fire incident, fire hydrant, cistern or body of water designated for fire fighting purposes.
Private Fire Hydrants 87.
Owners or their agents of fire hydrants located on private property and designated for fire fighting purposes shall service and maintain all fire hydrants annually to ensure they are capable of providing the flow and pressure of water for which they were designed.
Fire Prevention Bylaw No. 4766 Page 15…
88.
A copy of the annual service record for all private fire hydrants shall be submitted to the Fire Prevention Division, Fire Department no later than December 31 of each calendar year.
89.
The Fire Department must be advised of any construction, servicing or repairs of fire hydrants located on private property that may detrimentally affect the functioning of the fire hydrant such as to reduce water volumes or pressure or temporarily disabling the fire hydrant or other affect fire safety.
PART XI – OPEN AIR BURNING Burning Permits 90.
Except as hereinafter specifically provided, no person shall light, ignite, start or burn any fire in the open air or in any portable incinerator, outdoor fireplace, oven or other portable appliance or device in the open air for any purpose without first obtaining a burning permit issued by the Township.
91.
There are three types of burning permits: (1)
an Outdoor Burning Permit in the form and substance in Schedule “A”, attached hereto and forming a part of this Bylaw;
(2)
a Land Clearing Permit the form and substance in Schedule “B” attached hereto and forming a part of this Bylaw; and
(3)
a Special Burning Permit in the form and substance in Schedule “C” attached hereto and forming a part of this Bylaw. (collectively known as “burning permits”)
92.
A fee to cover administration costs shall be charged for every burning permit in accordance with the Langley Fees and Charges.
93.
No burning permits shall be issued or burning allowed in industrial, commercial, multifamily, institutional and public assembly areas unless the fire is contained within an incinerator approved by the Greater Vancouver Regional District.
94.
No person shall start or maintain a fire upon the land of another without permission of the land owner or their agent.
95.
Burning permits shall not be transferable and must be must be kept readily available for inspection at the burning site.
Fire Prevention Bylaw No. 4766 Page 16… 96.
All open air burning must be done in conformance with the requirements of the Environmental Management Act, R.S.B.C. 2003 chp. 53 or its successor legislation and the Greater Vancouver Regional District regulations and bylaws.
Exceptions 97.
The following types of open air fires may be lighted, ignited, started, burned and maintained at any time without a burning permit and are excluded from the regulations of this Bylaw: (1)
charcoal, natural gas or propane fires contained within Canadian Standards Association approved appliances for the sole purpose of cooking food; and
(2)
fires ignited by a Member for the purpose of training Fire Department personnel in structural fire fighter methods, fire investigation procedures or for the purpose of elimination of hazards.
Outdoor Burning Permit 98.
Outdoor Burning Permits are available and open air burning is permitted only during the periods of the April 1 to April 30 (“Spring) and September 15 to October 30 (“Fall”).
99.
An Outdoor Burning Permit issued by the Township is only valid for the year and season within which it is issued, Spring or Fall.
100.
An Outdoor Burning Permit may only be issued to a person in the following circumstances and conditions: (1)
to a person who owns the property on which the outdoor fire will occur or who has the written authority to light, ignite, start or burn a fire on the property from the owner of the property;
(2)
the property is a minimum .2 hectare (.5 acres) in size and the neighbouring properties are predominantly equal or greater in size;
(3)
the fire will only burn indigenous material from the property on which the fire will occur;
(4)
the indigenous material to be burned is less than 10 cubic metres per hectare per month (4 cubic metres per acre per month);
(5)
a minimum clearance of fifteen (15) metres is provided from structures and property lines if the fire is contained in a non-combustible container and the clearance provided between structures and property lines;
(6)
the indigenous material to be burned is piled by hand and does not exceed 5 cubic metres (2m x 2m x 1.2m) at any time during the fire;
(7)
the person applying for the Outdoor Burning Permit agrees to be responsible for the fire and shall constantly watch over, manage and care for such fire and shall observe every reasonable precaution to prevent the open fire from spreading or from ashes or smoke becoming a nuisance;
Fire Prevention Bylaw No. 4766 Page 17… (8)
a hose connected to a pressurized water supply and of sufficient length to reach the fire is readily available to extinguish or restrict the fire size; and
(9)
the fire is extinguished by dusk.
Land Clearing Burning Permit 101.
A Land Clearing Burning Permit, as set out in Schedule “B” hereto, may only be issued to a person in the following circumstances and conditions: (1)
to a person who owns the property on which the land clearing fire will occur or who has the written authority to light, ignite, start or burn a fire on the property from the owner of the property;
(2)
the material to be burned is indigenous to the property such as piled brush, slash, grass, or other organic or agricultural materials originating on that property;
(3)
the property is not less than 2.02 hectares (4.2 acres) in size or consolidated properties of greater than 2.02 hectares (4.2 acres);
(4)
a forced combustion air supply may be required, of not less than 4,700 cubic metres (18,000 cubic feet) per minute, to accelerate the burning to minimize the impact of smoke or ashes on neighboring properties;
(5)
a watch is maintained on the fire until it is completely extinguished with sufficient personnel, appliances and equipment to prevent the fire from becoming dangerous to life or property;
(6)
burning shall not be carried out within a hundred (100) metres from any neighbouring residences and businesses and five hundred (500) metres from schools in session, hospitals and facilities used for continuing care;
(7)
the size of the pile to be burned shall determined by the Fire Chief, with the intention of reducing the fire’s impact on neighbours;
(8)
the fire should only be started when the Ventilation Index is “good” in accordance with the Open Burning Smoke Control Code of Practice and the permit holder may acquire this information from the Greater Vancouver Regional District (604436-6777);
(9)
no burning shall be carried out when, due to climatic conditions or other hazards, it would be unsafe to do so; and
(10)
any other conditions not listed here may be added to the permit upon issuance if the Fire Chief deems any necessary because of the property’s location, size, amount of material to be burned, time of year and the weather.
Special Burning Permit 102.
A Special Burning Permit, as set out in Schedule “C” hereto, may only be issued to a person in the following circumstances and conditions: (1)
the purpose of the fire is agricultural in nature, to eradicate grass, weeds, damaged or diseased crops or pests; or
(2)
the fire is part of a religious or ceremonial event where responsible adults will be attending with adequate knowledge and assistance to react quickly; and
Fire Prevention Bylaw No. 4766 Page 18… (3)
the time of day and day of the week when the fire will occur does not create an unreasonable burden on the Fire Department should the fire get out of hand;
(4)
the fire should only be started when the Ventilation Index is “good” in accordance with the Open Burning Smoke Control Code of Practice and the permit holder may acquire this information from the Greater Vancouver Regional District (604436-6777); and
(5)
any other conditions not listed here may be added to the permit upon issuance if the Fire Chief deems any necessary because of the property’s location, size, amount of material to be burned, time of year and the weather.
Camp Fire Permit 103.
The Fire Chief may establish a permit program for camp fires, providing that such burning shall only be carried out in the following circumstances: (1)
only in authorized campgrounds holding a valid and subsisting business license;
(2)
the size of the pile to be burned does not exceed 60 cm (23.5 inches) in width and 50 cm (19.5 inches) in height;
(3)
the material to be burned may only be dry wood, branches, twigs, and pine cones;
(4)
the campfire is set and maintained solely for the purposes of cooking food, providing warmth and recreational enjoyment;
(5)
the campfire is contained within an approved campfire pit as described in Schedule “D” hereto and forming a part of this Bylaw; and
(6)
any applicable fee has been paid and inspection completed by the Fire Department.
Demolition Burning 104.
The burning of construction or demolition materials is prohibited unless authorized in writing by the Greater Vancouver Regional District.
Prohibited Materials 105.
No person shall burn in the open air, or in any type of enclosed container: (1)
any rubber tires, oil, tar, asphalt, shingles, battery boxes, plastic materials or any other materials that would produce heavy smoke;
(2)
residential household waste;
(3)
any waste material from construction sites;
(4)
any noxious, explosive, corrosive or toxic material, pesticide or herbicide;
(5)
any animal carcass, hides, manure or parts or combinations thereof; and
(6)
any materials which are not indigenous (natural growth and vegetation) to the site where the burning occurs.
Fire Prevention Bylaw No. 4766 Page 19… 106.
No person shall transport material of any type into the Township from outside the Township with the intention of burning such material.
107.
The use of tires and liquid petroleum based products as fire starters is prohibited.
Suspension of Burning Permits 108.
The Fire Chief may order a total ban on open air burning and may suspend, cancel or restrict for such time as deemed necessary any or all burning permits issued pursuant to this Bylaw or the Forest Act, R.S.B.C. 1996, chp. 157 within the Township
109.
Officers are hereby authorized and empowered to suspend or revoke any burning permit under this Bylaw where it is determined that the holder of the burning permit has done anything which contravenes any provision of this Bylaw, the Fire Services Act, R.S.B.C. 1996, chp. 144 and any regulations thereto.
PART XII – FEES AND COSTS Re-Inspections 110.
Where a violation under the B.C. Fire Code, Fire Services Act R.S.B.C. 1996, chp. 144 or this Bylaw are observed upon inspection of a premise, property or building, an Officer may issue an order requiring that the violation be removed or corrected within a specified time period and advising of a return date for a re-inspection. If upon reinspection, the order has not been complied with and the violation not corrected, the Occupant of the premises shall be responsible for paying the costs of the re-inspection and any subsequent re-inspections at the rates and fees set out hereto in Schedule “A”.
Cost Recovery 111.
The Fire Department is authorized to charge for the use of fire services, auxiliary equipment and personnel to an Occupant of any property where the Fire Department provides a service in the following circumstances: (1)
a fire is willfully set that must be brought under control by Fire Department;
(2)
an incident that arises as a result of or in connection with the commission of an indictable offence under the Criminal Code of Canada, that must be brought under control by the Fire Department;
(3)
when the Fire Department responds to an incident where inside the structure, vehicle or building the Occupant is or has been growing, manufacturing, creating or concocting illegal drugs;
(4)
for every incident where damage is in excess of $5,000 and for which a fire investigation and fire investigation report must be completed by an Officer in accordance with the Fire Services Act, R.S.B.C. 1996, chp. 144;
(5)
where a special event is held, including but not limited to, rave parties, large concerts or other large gatherings of people and Members are required to conduct inspections, provide standby time, use equipment and other fire
Fire Prevention Bylaw No. 4766 Page 20… protection services because of the special event, whether before, after or during the special event;
112.
(6)
specialized equipment from another local government, senior level of government or source is utilized, called out or requested by the Fire Department, and the Township is subsequently charged for the use of the specialized equipment;
(7)
where contamination or damage occurs to Fire Department equipment while attending an incident at a property as a result of the presence of a hazardous substance or dangerous good on that property;
(8)
burning of any material without a required burning permit results in the Fire Department attending for fire services;
(9)
a burning permit was issued to the Occupant but since commencement of the fire, the Fire Department has directed that the fire be extinguished and the Occupant refuses to do so resulting in the Fire Department extinguishing the fire; and
(10)
a fire education lecture, fire extinguisher demonstration or any other training related to fire and life safety education.
Failure to pay fees and charges for cost recovery of Fire Department time and equipment, including equipment replacement shall result in such costs being applied to the property taxes of the property. If unpaid after December 31 of any calendar year, such unpaid fees and charges accrue interest and are recoverable in the same manner as property taxes.
PART XIII – ENFORCEMENT 113.
The Fire Chief, Officers and Members may enforce the B.C. Fire Code and any Township bylaws and regulations, including this Bylaw, for the prevention and suppression of fires, to the extent and utilizing the methods that they deem necessary.
114.
Any person who contravenes any of the provisions of this Bylaw may be subject to fines specified in the Township’s Bylaw for municipal tickets as authorized under Part 8, Division 3 of the Community Charter, S.B.C. 2003, Chap. 26.
115.
Any person who contravenes any of the provisions of this Bylaw may be prosecuted under the Offence Act, R.S.B.C. 1996, chp. 338 and if found guilty of an infraction may be charged a fine of not less $2,000 and not more than $10,000 and in the case of a continuing offence, for each day that the offence continues shall be a separate fine of not less than $2,000 or more than a fine of $10,000.
116.
Any person who contravenes any of the provisions of this Bylaw, in addition to any other penalty provided for pursuant to this Bylaw, shall be liable to the Township for the cost of fighting any fire which causes damage to lands or property as a result of such
Fire Prevention Bylaw No. 4766 Page 21… contravention, and the same may be recovered by action in any Court of competent jurisdiction at suit of the Township. 117.
Any person who contravenes any of the provisions of this Bylaw may have proceedings brought against them in Supreme Court to enforce, or prevent or restrain the contravention of any provision of this Bylaw.
PART XIV - GENERAL PROVISIONS 118.
If any section, sub-section, clause, part or wording of the Bylaw is held invalid by a court of competent jurisdiction, the invalid portion shall be severed and the remainder of the Bylaw shall be deemed to have been adopted without the invalid and severed section, sub-section, clause, part or wording.
119.
In the event of any inconsistency between the provisions of this Bylaw and the provisions contained in a statute or regulation enacted by the Government of the Dominion of Canada or the Province of British Columbia, the more restrictive provisions of those statutes or regulations shall apply.
120.
Nothing in this Bylaw shall be construed to mean that either the Fire Department or any Member has a duty to perform any of the functions or tasks set out in this Bylaw.
121.
Where any unpaid fees or charge is added to the property taxes it shall thereafter accrue interest and be recoverable in the same manner as property taxes.
122.
In this Bylaw words importing the male gender include the female gender and either include the neuter and vice versa, and words importing the singular number include the plural.
Repeal The Fire Prevention Bylaw 2005 No. 4410 is hereby repealed in its entirety. READ A FIRST TIME the
06
day of
July
, 2009
READ A SECOND TIME the
06
day of
July
, 2009
READ A THIRD TIME the
06
day of
July
, 2009
RECONSIDERED AND ADOPTED the
Mayor
day of
,
Deputy Township Clerk
FIRE PREVENTION BYLAW 2005 NO. 4410 Schedule “A”
OUTDOOR BURNING PERMIT
Permit Fee: $20.00
Permit No:______
Spring, 200_ Fall, 200_
Applicant’s Name Address where fire will occur Business Phone Number
Home Phone Number
(no answering machines please)
Cell Phone Number If the Applicant is not the Registered Owner of the property where the fire will occur, please complete: Name of Registered Owner Address City, Province & Postal Code Business Phone Number (no answering machines please)
Home Phone Number
I, the Applicant, hereby confirm that I have read and understand the terms and conditions in the Fire Prevention Bylaw 2005 No. 4410 set out on the reverse of this permit and I agree and promise to carry out the outdoor burning in accordance with them, and I accept full responsibility, including all costs, damages and claims arising out of this permit or any fire started under this permit. Burning Permit in effect from __/__/200_ to __/__/200_ Signature of Applicant
Signature of Issuer THIS PERMIT IS NOT VALID FOR THE BURNING OF LAND CLEARING DEBRIS
Fire Prevention Bylaw No. 4766 Page 2…
Reverse Side of Outdoor Burning Permit Conditions: An Outdoor Burning Permit may only be issued to a person in the following circumstances: (1)
to a person who owns the property on which the outdoor fire will occur or who has the written authority to light, ignite, start or burn a fire on the property from the owner of the property;
(2)
the property is a minimum .2 hectare (.5 acres) in size and the neighbouring properties are predominantly equal or greater in size;
(3)
the fire will only burn indigenous material from the property on which the fire will occur;
(4)
the indigenous material to be burned is less than 10 cubic metres per hectare per month (4 cubic metres per acre per month);
(5)
a minimum clearance of fifteen (15) metres is provided from structures and property lines if the fire is contained in a non-combustible container and the clearance provided between structures and property lines;
(6)
the indigenous material to be burned is piled by hand and does not exceed 5 cubic metres (2m x 2m x 1.2m) at any time during the fire;
(7)
the person applying for the Outdoor Burning Permit agrees to be responsible for the fire and shall constantly watch over, manage and care for such fire and shall observe every reasonable precaution to prevent the open fire from spreading or from ashes or smoke becoming a nuisance;
(8)
a hose connected to a pressurized water supply and of sufficient length to reach the fire is readily available to extinguish or restrict the fire size; and
(9)
the fire is extinguished by dusk.
Fire Prevention Bylaw No. 4766 Page 3…
FIRE PREVENTION BYLAW 2005 NO. 4410 AMENDMENT BYLAW 2009 NO. 4766 Schedule “C”
LAND CLEARING BURNING PERMIT
Permit Fee: $100.00
Permit No:
Applicant’s Name Address where fire will occur Business Phone Number (no answering machines please)
Home Phone Number Cell Phone Number
If the Applicant is not the Registered Owner of the property where the fire will occur, please complete: Name of Registered Owner Address City, Province & Postal Code Business Phone Number (no answering machines please)
Home Phone Number
The use of forced air combustion equipment at a minimum of 18,000 cubic feet per minute to accelerate the fire is required for all land clearing fires burning on non-Agricultural Land Reserve. Is the property where burning will occur in the Agricultural Land Reserve? Yes No I, the Applicant, hereby confirm that I have read and understand the terms and conditions in the Fire Prevention Bylaw 2005 No. 4410 set out on the reverse of this permit and I agree and promise to carry out the land clearing fire in accordance with them, and I accept full responsibility, including all costs, damages and claims arising out of this permit or any fire started under this permit. Land Clearing Burning Permit in effect from __/__/200_ to __/__/200_ Signature of Applicant
Signature of Issuer THIS PERMIT IS ONLY VALID FOR INDIGENOUS MATERIAL
Fire Prevention Bylaw No. 4766 Page 4…
Reverse Side of Land Clearing Burning Permit Conditions: A Land Clearing Burning Permit may only be issued to a person in the following circumstances and conditions: (1)
to a person who owns the property on which the land clearing fire will occur or who has the written authority to light, ignite, start or burn a fire on the property from the owner of the property;
(2)
the material to be burned is indigenous to the property such as piled brush, slash, grass, or other organic or agricultural materials originating on that property;
(3)
the property is not less than 2.02 hectares (4.2 acres) in size or consolidated properties of greater than 2.02 hectares (4.2 acres);
(4)
a forced combustion air supply may be required, of not less than 4,700 cubic metres (18,000 cubic feet) per minute, to accelerate the burning to minimize the impact of smoke or ashes on neighboring properties;
(5)
a watch is maintained on the fire until it is completely extinguished with sufficient personnel, appliances and equipment to prevent the fire from becoming dangerous to life or property;
(6)
burning shall not be carried out within a hundred (100) metres from any neighbouring residences and businesses and five hundred (500) metres from schools in session, hospitals and facilities used for continuing care;
(7)
the size of the pile to be burned shall determined by the Fire Chief, with the intention of reducing the fire’s impact on neighbours;
(8)
the fire should only be started when the Ventilation Index is “good” in accordance with the Open Burning Smoke Control Code of Practice and the permit holder may acquire this information from the Greater Vancouver Regional District (604436-6777);
(9)
no burning shall be carried out when, due to climatic conditions or other hazards, it would be unsafe to do so; and
(10)
any other conditions not listed here may be added to the permit upon issuance if the Fire Chief deems any necessary because of the property’s location, size, amount of material to be burned, time of year and the weather.
Fire Prevention Bylaw No. 4766 Page 5…
FIRE PREVENTION BYLAW 2005 NO. 4410 AMENDMENT BYLAW 2009 NO. 4766 Schedule “D”
SPECIAL BURNING PERMIT
Permit Fee: $50.00
Permit No:
Applicant’s Name Address where fire will occur Business Phone Number (no answering machines please)
Home Phone Number Cell Phone Number
If the Applicant is not the Registered Owner of the property where the fire will occur, please complete: Name of Registered Owner Address City, Province & Postal Code Business Phone Number (no answering machines please)
Home Phone Number
What is the nature of your special event?__________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __ I, the Applicant, hereby confirm that I have read and understand the terms and conditions in the Fire Prevention Bylaw 2005 No. 4410 set out on the reverse of this permit and I agree and promise to carry out the fire at the special event in accordance with them, and I accept full responsibility, including all costs, damages and claims arising out of this permit or any fire started under this permit. Special Burning Permit in effect from __/__/200_ to __/__/200_ Signature of Applicant
Signature of Issuer THIS PERMIT IS NOT VALID FOR THE BURNING OF LAND CLEARING DEBRIS
Fire Prevention Bylaw No. 4766 Page 6…
Reverse Side of Special Burning Permit Conditions: A Special Burning Permit may only be issued to a person in the following circumstances and conditions: (1)
the purpose of the fire is agricultural in nature, to eradicate grass, weeds, damaged or diseased crops or pests; or
(2)
the fire is part of a religious or ceremonial event where responsible adults will be attending with adequate knowledge and assistance to react quickly; and
(3)
the time of day and day of the week when the fire will occur does not create an unreasonable burden on the Fire Department should the fire get out of hand; and
(4)
any other conditions not listed here may be added to the permit upon issuance if the Fire Chief deems any necessary because of the property’s location, size, amount of material to be burned, time of year and the weather.
Fire Prevention Bylaw No. 4766 Page 7…
REPORT TO MAYOR AND COUNCIL
PRESENTED: FROM: SUBJECT:
REPORT: JULY 6, 2009 - REGULAR MEETING 09-103 FILE: CORPORATE ADMINISTRATION 3900-20 FIRE PREVENTION BYLAW 2005 NO. 4410 AMENDMENT BYLAW 2009 NO. 4766
RECOMMENDATION(S): That Council give first, second and third reading to Fire Prevention Bylaw 2005 No. 4410 Amendment Bylaw 2009 No. 4766. EXECUTIVE SUMMARY: Fire Prevention Bylaw 2005 No. 4410 exists to regulate fire prevention and suppression, specifically dealing with fire risks, alarms, hazardous activities, fire emergency planning, signage, egress, flammable and combustible liquids, fire hydrants and connections, open air burning, fees and costs, and enforcement. Currently Township Fire Prevention Fees and Charges – Cost Recovery are embedded in the Township’s Fire Prevention Bylaw 2005 No. 4410 as Schedule B. With the goal of consolidating, where practical, the Township’s fees and charges into one bylaw, this “housekeeping” report is recommending the amendment of the Bylaw to remove all references to Fees and Charges. Finance Division is concurrently bringing forward an amendment to the Township’s Fees and Charges Bylaw, including a revised schedule of fees and charges that pertains to Fire Prevention. By removing fees and charges (Schedule B) from Fire Prevention Bylaw No. 4410 and embedding them in the Township’s Fees and Charges Bylaw, it will simplify the process for the Division to review and enact changes to fire prevention fees and charges on an annual basis. PURPOSE: The purpose of this report is to seek Council’s authorization for the Fire Prevention Bylaw 2005 No. 4410 Amendment Bylaw 2009 No. 4766.
DISCUSSION/ANALYSIS: This bylaw amendment administratively removes all references to fees and charges from the Fire Prevention Bylaw 2005 No. 4410 (Schedule A) allowing for their inclusion with all other fees as “Schedule 7” contained within the Finance Division’s concurrent Fees and Charges Bylaw amendment, as well as making the following modifications: (a)
Amend the definition of “fee” under Part I – Introduction, to include reference to the Township of Langley fees and Charges Bylaw to read as follows: “fee” means any of the fees described and listed in the Township of Langley Fees and Charges Bylaw;
(b)
Amend Section 91(1), (2), and (3) to update reference to attached Schedules as follows: (1) an Outdoor burning Permit in the form and substance in Schedule “A”, attached hereto and forming a part of this Bylaw; (2) a Land Clearing Permit the form and substance in Schedule “B” attached hereto and forming a part of this bylaw and (3) a Special Burning Permit in the form and substance in Schedule “C” attached hereto and forming a part of this Bylaw.
(c)
Amend section 92. by adding in “listed in the Township of Langley Fees and Charges Bylaw”.
(d)
Amend section 102. by changing Schedule “D” to Schedule “C”.
These amendments to the Fire Prevention Bylaw are therefore mainly for “housekeeping” purposes. The concurrent Fees and Charges Bylaw amendment addresses the actual fees and charges for Fire Prevention services and the rationale for their adjustment. Respectfully submitted, Patty Catlin DEPUTY TOWNSHIP CLERK for CORPORATE ADMINISTRATION This report has been prepared in consultation with the following listed departments. CONCURRENCES Division FINANCE FIRE
Name HILARY TSIKAYI BRUCE FERGUSON
ATTACHMENT 1 – FIRE PREVENTION BYLAW 2005 NO. 4410 ATTACHMENT 2 – FIRE PREVENTION BYLAW 2005 NO. 4410 AMENDMENT BYLAW 2009 NO. 4766
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