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HomeMy Public PortalAboutOliver Volunteer Fire Department Establishment & Fire Regulations Bylaw 636Oliver Volunteer Fire Department Establishment and Fire Regulations Bylaw No. 636 CONSOLIDATED FOR PUBLIC CONVENIENCE (Includes Amendments up to June 16, 2016 ) The text of Oliver Volunteer Fire Department Establishment and Fire Regulations Bylaw No. 636 has been amended by the following bylaws: Bylaw 1058 Inserting Fire Hazard Remedy Section following Section 29 Bylaw 636.01 27. Burning Permit Requirement c. deleted and replaced Bylaw 636.02 Deleting Section 6 in its entirety and replacing -1 - TOWN OF OLIVER BYLAW NO. 636 A Bylaw to provide for the establishment and operation of a volunteer fire department and to provide fire regulations for protection of persons and property. The Council of the Town of Oliver in open meeting assembled, enacts as follows: 1.The Municipal Volunteer Fire Department is hereby established and will be known as the Oliver Fire Department, with responsibility for: a.fire suppression and prevention, and b.providing emergency assistance as summonsed under the "911" emergency response system in circumstances that may cause harm to persons or property, 2.In this bylaw, unless the context otherwise requires, APPARATUS - means any vehicle provided with machinery, devices, equipment or materials for fire fighting as well as vehicles used to transport fire fighters or supplies. COUNCIL - means the Council of the Town of Oliver. EQUIPMENT - means any tools, contrivances, devices or materials used by the Fire Department to combat an incident or other emergency. FIRE CHIEF - means the member appointed by Council upon member election, as head of the Fire Department, and shall be deemed to be a Municipal Public Officer as defined in the Municipal Act. FIRE PROTECTION - means all aspects of fire safety including but not limited to fire prevention, fire fighting or suppression, pre-fire planning, fire investigation, public education and information, training or other staff development and advising. INCIDENT - means a fire or a situation where a fire or explosion is imminent, or any other situation presenting a danger or possible danger to the life or property and to which the Fire Department has responded. MEMBER - means any person or officer that is appointed as a member of the Volunteer Fire Department and shall be deemed to be a Municipal Public Officer as defined in the Municipal Act. O.F.P.D. - means the Oliver Fire Protection District, an improvement district under the -2 - Water Act incorporated by Letters Patent and issued on January 24, 1961. 3.The Fire Chief shall be appointed by a resolution of Council, upon member election. 4.The Fire Chief may appoint other officers of the Fire Department to act as Fire Chief on his behalf. 5.The limits of the jurisdiction of the Fire Chief, and the officers and members of the Fire Department will extend to the area and boundaries of the Town of Oliver and the O.F.P.D., and no part of the fire apparatus shall be used beyond the limits of the municipality and the O.F.P.D. without: a.the express authorization of a written contract of agreement providing for the supply of fire fighting services outside the Town of Oliver and O.F.P.D. boundaries, or b.the approval of Council, or c.the approval of the Officer in Charge, at his discretion. 6.Subject to the direction and control of Council, the Fire Chief shall have complete responsibility for, and authority over, the Fire Department and in particular he shall develop training as outlined in the British Columbia Fire Service Minimum Training Standards for Structure Firefighters Competency and Training PLAYBOOK, directed towards the Operational Service level of “Interior Operations”. In particular he shall be required to carry out all fire protection activities and assistance response activities as Council directs, including but not limited to: a.fire suppression, b.rescue, c.pre-fire planning, d. response to other incidents e.disaster planning, f.preventive patrols 7.The Fire Chief, subject to ratification by the Council, shall establish rules, regulations, Fire Department including but not limited to: a.appointment of Fire Department members; b.the conduct and discipline of officers and members of the Fire Department; c.use, care and protection of Fire Department property; and d.efficient operations of the Fire Department. 8.The Council shall determine the remuneration of all members of the Fire Department. Amended by Bylaw 636.02 June 16, 2016 -3 - 9.The Fire Chief, or in his absence, the senior ranking member present, shall have control, direction and management of all Fire Department apparatus, equipment or manpower assigned to an incident and, where a member is in charge, he shall continue to act until relieved by a senior officer. 10.The Fire Chief shall take responsibility for all fire protection matters including the enforcement of the Fire Services Act and regulations thereunder and shall assume the responsibilities of the Local Assistant to the Fire Commissioner. 11.Officers and members of the Fire Department shall carry out the duties and responsibilities assigned to the Fire Department by the Council, and the Fire Chief shall report to the Council on the operations of the Fire Department or on any other matter in the manner designated by Council. 12.The Fire Chief, or any member of the Fire Department authorized by the Fire Chief, may at any reasonable time enter any premise for the purpose of fire prevention inspections. 13.The Fire Chief, or any other member in charge, at a fire is empowered to cause a building, structure or thing to be pulled down, demolished or otherwise removed if he deems it necessary to prevent the spread of fire to other buildings, structures or things. 14.The Fire Chief, or any other member in charge, at an incident is empowered to enter premises or property where the incident occurred and to cause any member, apparatus or equipment of the Fire Department to enter, as he deems necessary, in order to combat control or deal with the incident. 15.The Fire Chief, or the member in charge, at an incident is empowered to enter, pass through or over buildings or property adjacent to an incident and to cause members of the Fire Department and the apparatus and equipment of the Fire Department to enter or pass through or over buildings or property, where he deems it necessary to gain access to the incident or to protect any person or property. 16.The Fire Chief, or the member in charge, at an incident may at his discretion establish boundaries or limits and keep persons from entering the area within the prescribed boundaries or limits unless authorized to enter by him. 17.No person shall enter the boundaries or limits of an area prescribed in accordance with Section 7 unless he has been authorized to enter by the Fire Chief or the member in charge. 18.The Fire Chief, or the member in charge, at an incident may request peace officers to enforce restrictions on persons entering within the boundaries or limits outlined in Section 17. 19.The Fire Chief may obtain assistance from other officials of the municipality as he deems necessary in order to discharge his duties and responsibilities under this bylaw. -4 - 20.No person at an incident shall impede, obstruct or hinder a member of the Fire Department or other person assisting or acting under the direction of the Fire Chief or the member in charge. 21.No person shall damage or destroy Fire Department apparatus or equipment. 22.No person at an incident shall drive a vehicle over any equipment without permission of the Fire Chief or the member in charge. 23.No person shall falsely represent themselves as a Fire Department member. 24.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. 25.The Fire Chief or the member in charge of an incident may request persons who are not members to assist in removing furniture, goods and merchandise from any building on fire or in danger thereof and in guarding and securing same and in demolishing a building or structure at or near the fire or other incident. 26.The Fire Chief or the member in charge of an incident is empowered to commandeer privately owned equipment which he considers necessary to deal with an incident. Remuneration rates to be used shall be those set out annually by the Province of British Columbia. 27.No person shall light, ignite, start or allow or cause to be lighted, ignited, or started, an outdoor fire of any kind, or for any purposes except as follows: Burning Without a Permit a.The operation of a permanent outdoor fireplace, equipped with a spark arrestor and approved by the Fire Chief, is permitted. b.The operation of a permanent outdoor barbecue approved by the Fire Chief intended for, and used solely for, the preparation of food using briquettes, is permitted. c.The operation of a portable outdoor barbecue intended for, and used solely for, the preparation of food using briquettes, is permitted. d.The operation of Town fire pits during daylight hours for the preparation of food is permitted. e.The operation of Town fire enclosures on Rotary Beach for personal warmth and -5 - the preparation of food is permitted. f.Burning for fire-training exercises of the Fire Department is permitted. Burning Permit Required a.No person shall light, ignite, or start or allow or cause to be lighted, ignited, or started,a fire of any kind whatsoever in the open air without first obtaining a written Special Permit to do so from the Fire Chief. b.A person to whom a permit has been so issued under subsection (a) shall place and keep a competent adult person or more as stipulated by the Special Permit, at all times in charge of the fire while it is burning or smouldering and shall provide that person or persons with sufficient appliances and equipment in order to prevent the fire from burning out of control or causing damage or becoming dangerous. c.The Fire Chief may issue a Special Permit to the owner or occupier of land of not less than 0.80937 hectare (2 acres), authorizing outdoor burning for the purposes of burning agricultural pruning’s between October 15 and April 15, provided that such burning takes place on the said land area. d.The Fire Chief may issue a Special Permit to the owner or occupier of land, authorizing outdoor burning for the purpose of weed control. e.The Fire Chief may issue a Special Permit to the owner or occupier of land, authorizing outdoor burning necessitated by land clearing for development. f.The Fire Chief may issue a Special Permit to the owner or occupier of land, authorizing outdoor burning for the removal of a fire hazard. g.The Fire Chief may issue a Special Permit to the owner or occupier of land, authorizing outdoor burning for the purpose of destroying diseased foliage that cannot be removed from the property. h.The Fire Chief may issue a Special Permit to a responsible adult person authorizing an outdoor fire for a public display, provided letters of approval are submitted from the owner or occupier of the land on which the burning will take place. Restrictions a.The operation of a domestic outdoor or backyard incinerator, or any structure or device serving as a domestic incinerator, is expressly prohibited. Amended by Bylaw 636.01 May 11, 2015 -6 - b.The burning of paper or any fuel other than coal, a coal products, wood, or a wood product, in an outdoor fire is prohibited. c.The burning of leaves, grass, or grass cuttings in an outdoor fire is expressly prohibited, but the Council of the Town may, by resolution, permit the burning of weeds, leaves and prunings during a designated period of time. d.The Fire Chief may refuse to issue or may cancel a Special Permit, the use of which, in his opinion, would likely be hazardous or create a nuisance. 28.No person shall manufacture, discharge, sell or dispose of any fireworks within the Town, save as hereinafter provided. Special Permit a.The Fire Chief may issue a Special Permit to discharge "Low Hazard" fireworks as defined in the "Fireworks Manual" to an individual or organization for a specific event or occasion. b.The Fire Chief may issue a Special Permit to discharge "High Hazard" fireworks as defined and regulated in the "Fireworks Manual", for public display and for a specific event or occasion. Conditions a.An organization, in order to discharge fireworks, must first appoint a licenced fireworks supervisor who would have complete authority over and be responsible for all safety features at the fireworks display. b.Written permission must be obtained from the owner or occupier of the land on which the fireworks will be prepared or set off, as well as all neighbouring lands upon which debris may reasonably be expected to fall, and such written permission shall be filed with the Fire Chief. c.No person shall discharge any fireworks on any street in the Town. 29. a.A permit shall be required: i.In conformance with the "Flammable and Combustible Liquids" Section of the British Columbia Fire Code Regulations. ii.In conformance with the "Open Air Fire" restrictions as set out in Section 27 of this bylaw. iii.In conformance with the "Fire Works" restrictions as set out in Section 28 -7 - of this bylaw. b.A permit, when issued, shall constitute permission to maintain, store, or handle materials, or to conduct processes which may produce conditions hazardous to life or property, or to install equipment used in connection with such activities. c.A permit does not take the place of any license required by law. d.A permit shall not be transferable and any change in occupancy or use of a building or premises shall require a new permit. e.Before a permit may be issued, the Fire Chief may inspect and approve the receptacles, vehicles, buildings, property or storage places to be used. f.In cases where laws or regulations, including bylaws enforceable by departments other than the Fire Department, are applicable, approval shall be obtained from all departments concerned. g.The Fire Chief may issue a permit where: i.an application is made in the form prescribed by the Fire Chief. ii.the proposed use or occupancy conforms with applicable bylaws, codes and regulations; and iii.the permit fee has been paid. h.The Fire Chief may revoke a permit where there is a violation of: i.any condition under which the permit was issued; or ii.any requirement of this bylaw, codes or regulations. i.This bylaw shall not be construed to hold the Town responsible for any damage to persons or property by reason of: i.inspections authorized by this bylaw; ii.the failure to carry out an inspection; iii.a permit issued as herein provided; or iv.the approval or disapproval of any equipment authorized by this bylaw. j.Permits and licences shall be posted upon the building or premises described - 8 - therein and made available for inspection by the Fire Chief. k. The fees hereinafter specified shall be paid to the Town by all applicants for any permit required by this bylaw, or under the Code adopted by this bylaw, or by the regulations passed pursuant to the provisions of the Fire Services Act, as amended from time to time, and for inspection of any work or thing for which the said permit is required: i. for any installation of compressed gas systems, gasoline tanks, oil tanks, diesel tanks and dispensing pumps or refuelling station: 2,300 L (500 I.G.) $15.00 2,301 - 4,600 L (501-1,000 I.G.) $20.00 4,601 - 23,000 L (1,001-5,000 I.G.) $30.00 23,001 - 46,000 L (5,001-10,000 I.G.) $40.00 46,001 - 115,000 L (10,001-25,000 I.G.) $60.00 115,001 - 230,000 L (25,001-50,000 I.G.) $100.00 230,001 - 460,000 L (50,001-100,000 I.G.) $150.00 460,001 - 920,000 L (100,001-200,000 I.G.) $200.00 920,001 - 2,300,000 L (200,001-500,000 I.G.) $250.00 Each dispensing pump. $10.00 ii. Inspections and installation of domestic and commercial oil burners: Each domestic installation $5.00 Each commercial installation $10.00 iii. For each "Public Fire Works Display" Permit $10.00 iv. For each "Open Air Burning" permit which requires a site inspection $10.00 Fire Hazard Remedy 29A. The owners or occupiers of real property shall be required to remove or cause to be removed from buildings or yards: (a) combustible materials; (b) flammable materials; or (c) vegetative materials including trees, brush, shrubs, or grass that have dried or are likely to become dried; Amended by Bylaw 1058 July 16, 2003 - 9 - that, in the opinion of the Fire Chief, are a fire hazard or increase the danger of fire. 29B. The Fire Chief shall provide a written order to the owner or occupier of the real property specifying what materials must be removed from the buildings or yard and the date upon which the removal shall be complete. 29C. The owners or occupiers of real property shall be given five (5) calendar days to comply with the Fire Chief’s order to remove and remedy the fire hazard as identified. 29D. In the event that the owners or occupiers do not comply with the Fire Chief’s order within the five calendar days specified in the Fire Chief’s order then the Town, by its own forces or those of a contractor, may enter onto the real property which is the subject of the Fire Chief’s order and remove and remedy the fire hazard. 29E. In the event that the Town or its contractor removes or remedies the fire hazard, then such work shall be done at the expense of the owner of the real property referred to in the Fire Chief’s order and the Town may recover the costs from the owner as per s. 269 of the Local Government Act. 30. Every person who violates any of the provisions of this bylaw, or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this bylaw, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this bylaw, or who does any act or thing or omits any act or thing thus violating any of the provisions of this bylaw, shall be deemed to have committed an offence, and upon a summary conviction is liable to imprisonment for a term of not more than 6 months or to a fine of not more than $2,500 or to both fine and imprisonment. 31. The Fire Chief or a member of the Fire Department charged with the enforcement of this bylaw, acting in good faith and without malice for the municipality in the discharge of his duties, shall not hereby render himself/herself liable personally and he/she is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or by reason of any act or omission in the discharge of his/her duties. 32. Any suit brought against the Fire Chief or a member of the Fire Department because of an act or omission performed by him/her in the enforcement of any provision of this bylaw, shall be defended by the Town of Oliver until final determination of the proceedings. 33. The "Village of Oliver Fire Bylaw No. 34, 1948" and the "Village of Oliver Fire-arms and explosives Bylaw #52, 1951" are hereby repealed. - 10 - 34. This bylaw may be cited for all purposes as "Oliver Volunteer Fire Department Establishment and Fire Regulations Bylaw No. 636, 1991". Read a first and second time on the 23rd day of September, 1991. Read a third time on the 15th day of October, 1991. Reconsidered and adopted on the 28th day of October, 1991. “Original signed by Mayor” “Original signed by Clerk” ______________________________ _________________________________ Mayor Clerk