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HomeMy Public PortalAboutFire Control Consolidated Bylaw 1369 Fire Control Bylaw 1369 CONSOLIDATED FOR PUBLIC CONVENIENCE (Includes updates to January 2022) The text of Fire Control Bylaw 1369 has been amended by the following: Bylaw 1369.01 Service (Playbook), Operation of outdoor fire places, barbecue devices, Fire Hazards Bylaw 1369.02 Road Rescue TOWN OF OLIVER BYLAW 1369 FIRE CONTROL BYLAW WHEREAS the Community Charter S.B.C. 2003, c. 26, as amended from time to time, authorizes Council, by bylaw, to regulate, prohibit and impose requirements in relation to municipal services, emergency exits, smoke alarms, and any matter within the scope of the Fire Services Act, and to authorize the municipal fire chief to exercise certain powers in relation to the prevention and suppression of fires; AND WHEREAS the Community Charter S.B.C. 2003, c. 26, as amended from time to time, provides that a Municipality may by bylaw authorize the municipal fire chief and designate to exercise powers for fire related inspections and prevention; AND WHEREAS the Community Charter S.B.C. 2003, c. 26 and Fire Services Act and its Regulations, as amended from time to time, a municipality may by bylaw regulate the prevention and control of fires and for regulating the conduct of persons at or near fires; NOW THEREFORE, Council for the Town of Oliver, in open meeting assembled, enacts as follows; 1. TITLE (a) This Bylaw may be cited as “Fire Control Bylaw 1369”. 2. DEFINITIONS (a) Unless specifically defined herein, words and phrases used in this Bylaw shall be construed in accordance with the meanings assigned to them by the Fire Services Act, the Building Code, the Fire Code or the Community Charter as the context and circumstances require. (b) In this Bylaw: “Apparatus” means any vehicle machinery, device, Equipment or material used for firefighting and Assistance Response and any vehicle used to transport Members or supplies; “Assistance Response” means aid provided in respect of fires, alarms, explosions, medical assistance, floods, earthquakes or other natural disasters, escape of dangerous goods, aeronautical incidents, motor vehicle or other accidents, or circumstances necessitating rescue efforts; “Building Bylaw” means Town of Oliver Building Regulation Bylaw 1140, as amended or replaced from time to time; 3 “Building Code” means the British Columbia Building Code, as amended or replaced from time to time; “Bylaw Enforcement Officer” means any person duly appointed by Council for enforcement of Town bylaws; “Campfire” means a small contained outdoor fire, not exceeding 0.5 meters in height and 0.5 metres in width, and used for cooking, ceremonial purposes, or social enjoyment; “Captain” means a Member designated by the Fire Chief to assume specific supervisory powers and responsibilities, or a person designated to act in the place of the Captain; “Chief Administrative Officer” means the person appointed by Council as the Chief Administrative Officer of the City or acting Chief Administrative Officer appointed or designated to act on his or her behalf; “Combustible Material” means any material capable of being ignited; “Council” means the Council for the Town; "Dangerous Goods” means any product, substance or organism that meets the definition of 'dangerous goods' under either the Transportation of Dangerous Goods Act (Canada) or the Transport of Dangerous Goods Act (British Columbia); “Deputy Fire Chief” means a Member appointed to act on behalf of the Fire Chief; “Director of Operations” means the person appointed as such by Council, and any person appointed or designated by the Director of Operations to act on his or her behalf; “Equipment” means any tools, contrivances, devices, hoses or materials used by the Fire Department to combat an Incident or other emergency; “False Alarm” means the activation of a Fire Alarm System that results in a response by the Fire Department, and for which the Fire Alarm System activation was not the result of a fire or other similar emergency; “Fees and Charges Bylaw” means Town of Oliver Fees and Charges Bylaw 1087, as amended or replaced from time to time; “Fire Alarm System” means a device or devices installed on or in real property and designed to issue a warning of a fire by activating an audible alarm signal or alerting a monitoring facility but does not include a fire alarm system that is intended to alert only the occupants of the dwelling unit in which it is installed; 4 “Fire Chief” means the Member appointed by Council as head of the Fire Department and includes the Deputy Fire Chief; “Fire Code” means the British Columbia Fire Code Regulation made under the Fire Services Act, as amended or replaced from time to time; “Fire Department” means the Town of Oliver Volunteer Fire Department established in 1991 and continued under this Bylaw; “Fire Hazard” means any condition, arrangement or act which increases the likelihood of fire or which may provide a ready fuel supply to augment the spread or intensity of a fire or which may obstruct, delay, hinder, or interfere with the operations of the Fire Department or the egress of occupants in the event of fire; “Fire Protection” means all aspects of fire safety including but not limited to fire prevention, firefighting or Fire Suppression, pre-fire planning, fire investigation, public education and information, training or other staff development; “Fire Protection Equipment” includes but is not limited to, Fire Alarm Systems, automatic Sprinkler Systems, special extinguisher systems, portable fire extinguishers, fire hydrants, water supplies for Fire Protection, standpipe and hose systems, fixed pipe Fire Suppression systems in commercial cooking exhaust systems, smoke control measures, and emergency power installations; “Fire Safety Plan” means a fire safety plan for a building required under the Fire Code and this Bylaw, that includes, without limitation: (i) emergency procedures to be used in case of fire; (ii) training and appointment of designated supervisory staff to carry out fire safety duties; (iii) documents showing the type, location, and operation of fire emergency systems; (iv) the holding of fire drills; (v) the control of Fire Hazards; and (vi) inspection and maintenance of facilities for the safety of the building’s occupants; “Fire Services Act” means the Fire Services Act, RSBC 1996, c.144, as amended or replaced from time to time; 5 “Fire Suppression” means the controlling and extinguishing of fires; “Fireworks” means Low Hazard and High Hazard as defined in the “Fireworks Manual”; “Good Neighbour Bylaw” means Town of Oliver Good Neighbour Bylaw 1357, as amended or replaced from time to time. “Incident” means an event or situation to which the Fire Department has responded or would normally respond; “Member” means a person employed by the Town and holding a position within the Fire Department; “Member in Charge” means the senior Member at the scene of an Incident or the Member that is appointed as such by the Fire Chief; “O.F.P.D” means the Oliver Fire Protection District, an improvement district under the Water Act incorporated by Letters Patent and issued on January 24, 1961. “Officer” means the Fire Chief, Deputy Fire Chief, Captain, and any Member designated by the Fire Chief to act in the capacity of an Officer; “RDKB Road Area” means the area within the Regional District of Kootenay Boundary covering McKinney Road east of the intersection of McKinney Road and Mount Baldy Road;” “RDOS Road Area” means the area within the Regional District of Okanagan Simikameen covering Fairview Road from the intersection of Fairview Road and Willowbrook Road west to a summit at a visual road widening;” “Resources” means any Equipment, Apparatus and agency assisting the Fire Department; “Sprinkler System” means an integrated system or underground and overhead piping designed in accordance with Fire Protection standards which is normally activated by heat from a fire and discharges water over the fire area. “Town” means the Town of Oliver; 3. ADOPTION AND APPLICATION OF THE FIRE CODE (a) The Fire Code, as amended or replaced from time to time, is adopted and made part of this Bylaw, such that every provision of the Fire Code shall be considered a provision of this Bylaw. Amended by 1369.02 January 10, 2022 6 (b) Any person who contravenes, violates, or fails to comply with a provision of the Fire Code or this Bylaw commits an offence under this Bylaw. 4. CONTINUATION (a) The Fire Department is hereby continued for the purposes of providing the Fire Protection services contemplated under this Bylaw. 5. FIRE CHIEF (a) The Fire Chief shall be appointed by a resolution of Council, upon member selection. (b) The Fire Chief shall report directly to the Chief Administrative Officer and shall be responsible for administering this Bylaw, for the management, control, and supervision of the Fire Department and its Members, and for the care, custody and control of all buildings, Apparatus and Equipment of the Fire Department. (c) The Fire Chief and any Member or other person authorized by the Fire Chief to act on behalf of the Fire Chief may exercise one or more of the following powers: (i) subject to ratification by Council make and enforce rules, regulations and operational guidelines for the proper and efficient administration and operation of the Fire Department, and vary, alter, or repeal such rules, regulations and operational guidelines 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; (D) efficient operations of the Fire Department; (ii) enter on property and inspect premises for conditions that may cause a fire, increase the danger of a fire, or increase the danger to persons or property from fire; (iii) take measures considered necessary for the prevention, control and extinguishment of fires, including the demolition of buildings and other structures to prevent the spreading of fires; (iv) require an owner or occupier to undertake any actions the Fire Chief considers necessary for the purpose of removing or reducing any thing or condition the Fire Chief considers is a Fire Hazard or increases the danger 7 of fire; (v) exercise the following powers under Section 25 of the Fire Services Act: (A) if an emergency arising from a Fire Hazard or from a risk of explosion causes the Fire Chief to apprehend imminent and serious danger to life or property, or of a panic, the Fire Chief may immediately take steps to remove the hazard or risk; (B) if the Fire Chief believes that conditions exist in or near a hotel or public building that, in the event of a fire, might seriously endanger life or property, the Fire Chief may immediately take action to remedy the conditions to eliminate the danger and may evacuate and close the hotel or public building; and without limiting the foregoing, for these purposes may evacuate a building or area, and may call on police and other fire prevention authorities who have jurisdiction to provide assistance; (vi) provide for Assistance Response; (vii) enforce this Bylaw and any other Town bylaws, rules, orders, and regulations respecting Fire Protection, and exercise the powers and duties imposed upon him/her by the Fire Services Act; (viii) inquire into, investigate, and record the causes of fires in the Town and O.F.P.D.; (ix) collect and disseminate information in regard to fires in the Town and O.F.P.D.; (x) investigate and make inquiries into fires; (xi) research best practices in methods of fire prevention; (xii) provide, advise, and make recommendations to other officers and employees of the Town, to Council, and to the public, in accordance with any applicable Town policies and procedures, the Building Code, the Fire Code, and the Fire Services Act, in relation to: (A) the provision of adequate water supply and pressure; (B) the installation and maintenance of Fire Protection Equipment; (C) the enforcement of measures for the prevention or suppression of fire and the protection of life and property; 8 (D) life safety or rescue equipment; and (E) fire prevention generally. 6. INDEMNIFICATION (a) The Town will indemnify every Member, Officer, Fire Chief and Deputy Fire Chief against any claim for damages brought against that person arising out of the performance of that person’s duties and, in addition, will pay for any legal costs reasonably required or incurred by that person in relation to a court proceeding arising out of such a claim. 7. SERVICES (a) Subject to the direction and control of Council, the Fire Chief shall have complete responsibility for, authority over, the Fire Department and in particular they 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 they shall be required to carry out all fire protection activities and assistance response activities as Council directs, including but not limited to: (i) fire suppression, (ii) rescue, including but not limited to motor vehicle incidents, over- embankment, water, and/or ice (iii) pre-fire planning, (iv) response to other incidents, (v) disaster planning, (vi) preventative patrols, (vii) first responder, 8. JURISDICTION (a) 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 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: Amended by 1369.01 December 14, 2020 9 (i) the express authorization of a written contract of agreement providing for the supply of fire fighting services out of the Town and O.F.P.D. boundaries, or (ii) the approval of Council, or (iii) the approval of the Chief Administrative Officer, at his or her discretion. (b) In the event of an out-of-jurisdiction Incident that poses potential danger to the Town and O.F.P.D or in the best interest of the Town and O.F.P.D, subject to the approval of the Fire Chief and where consent in accordance with Section 13 of the Community Charter has been provided, Equipment, Apparatus and personnel of the Fire Department may be used outside the geographic boundaries of the Town and the O.F.P.D. (c) Notwithstanding the restrictions set out in subsection 8(a), the Fire Department may, at the discretion of the Fire Chief, provide road rescue services within the following areas: (i) RDOS Road Area; (ii) RDKB Road Area. (collectively the “Road Rescue Area”) (d) the provision of road rescue services under subsection 8(c) are subject to the following considerations: (i) the amount of Equipment, Apparatus, and personnel assigned to provide the road rescue service in the Road Rescue Area shall be limited by reasonable precautions that must be taken to protect people and property within the Town, the O.F.P.D., and other parties the Town provides contracted fire and emergency services pursuant to subsection 8(a)(i) of this Bylaw; (ii) in situations when emergencies require attention in more than one location, whether in the Town, O.F.P.D., or otherwise, Equipment, Apparatus, and personnel shall be assigned in consideration of: a. the seriousness of each emergency; b. the danger to persons; c. the value of property at risk; and d. the danger to adjacent properties. Amended by 1369.02 January 10, 2022 10 (iii) In deciding on the assignment of Equipment, Apparatus, and personnel, the assessment of needs, risks, and priority limiting road rescue services shall be made by the Fire Chief at their sole discretion.” 9. PREVENTION, CONTROL AND ENFORCEMENT (a) The Fire Department may, to the extent authorized by Sections 8(3)(g) and 66 of the Community Charter, take all necessary measures for the prevention, suppression, control, and extinguishment of fires, for mitigating the effects of Incidents involving Dangerous Goods, and for the protection of life and property, including conducting Assistance Response. 10. RIGHT TO ENTER (a) The Fire Chief, designate, and Bylaw Enforcement Officers are authorized to enter on property at any time in order to ascertain whether the requirements of this Bylaw are being met. (b) The Fire Chief and any other Officer or Member in Charge at an Incident is authorized to enter premises where an Incident has occurred and to cause any Members, Resources, and the Apparatus and Equipment of the Fire Department to enter the premises, as deemed necessary, in relation to an Incident. 11. NO INTERFERENCE (a) No person shall interfere with or obstruct the entry of any Member or Officer onto any land to which entry is made or attempted pursuant to the provisions of this Bylaw. (b) No person shall interfere with or refuse to permit any Member or Officer to enter into or upon premises in relation to which an alarm or other request for assistance has been received or in or upon which a Member or Officer has reasonable grounds to believe that an Incident has occurred or may occur. (c) A person must not interfere with any Member or Officer or refuse to permit any Member or Officer to enter into or upon premises or a fire scene to determine: (i) the cause and origin of the fire; (ii) the activation of a Fire Alarm System; or (iii) the presence and functioning of a Sprinkler System or other life safety protection system. 11 12. PROHIBITION AGAINST ENTRY (a) A person must not, except as authorized by the Fire Chief, an Officer or a Member in Charge at an Incident: (i) enter any building or premises threatened by an Incident; (ii) enter within an area designated by ropes, guards, or tape erected by or under the direction of a peace officer or a Member across or around any street, lane, alley or building; or (iii) refuse to move from such designated area when directed to do so by a peace officer or Member. 13. NO OBSTRUCTION AT ASSISTANCE RESPONSE (a) A person must not impede, hinder or obstruct any Member at an Assistance Response and every person must comply with orders or directions of a Member engaged in an Assistance Response. (b) Any person who interferes with a Member in the performance of their duties, or fails to comply with an order or direction of a Member under subsection (a) above, may be removed from the scene of such Assistance Response by a peace officer or any Member. (c) No person shall damage or destroy Fire Department Apparatus or Equipment. (d) No person at an Incident shall drive a vehicle over any hoses or Equipment without permission of the Fire Chief, an Officer or a Member in Charge. Persons who drive over Fire Department Equipment, without instruction to do so by a Member, may, in addition to any other penalty, be required to pay the actual costs of repairing or replacing damaged Equipment. 14. FALSE REPRESENTATION (a) No person shall make false representations as to being a Member of the Fire Department, or wear or display any Fire Department badge, cap, button, insignia, or other paraphernalia for the purpose of such false representation. 12 15. OUTDOOR BURNING (a) 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 (i) the operation of a permanent, or portable outdoor fire place, using natural gas, propane or briquettes, that is CSA Certified or approved by the Fire Chief, is permitted. (ii) the operation of a permanent, or portable, outdoor barbecue that is CSA Certified or approved by the Fire Chief, intended for and used solely for, the preparation of food using natural gas, propane or briquettes, is permitted. Burning Permit Required (iii) no person shall light, or start, or knowingly allow or cause to start or ignite any fire of any kind in open air without first obtaining a written Special Permit to do so from the Fire Chief; (iv) a person to whom a permit has been so issued under subsection (iv) or (xi) 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 smoldering 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; (v) the Fire Chief may issue a Special permit to the owner or occupier of land of not less than 0.90937 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. (vi) open air burning must not take place within 3 meters of any grass, shrubbery, or wooden fence or any other Combustible Material or within 6 meters of any building; (vii) open air burning shall not begin prior to dawn, and no person shall add fuel or stoke an outdoor fire after dusk; (viii) no person shall allow a fire ignited by them to escape from the point of origin, and such person(s) shall be liable for any and all damages caused by said fire and/or all costs of the Fire Department extinguishing same; (ix) no person shall burn in the open air any manufactured material, including dimensional lumber, or any compostable organic material such as but not Amended by 1369.01 December 14, 2020 13 limited to grass cuttings, leaves or vegetable matter. Permissible open air burning fuels include dry firewood, branches and stems originating from the parcel of land where the open air burning occurs; (x) Campfires are allowed only in designated campgrounds in the Tourist Commercial One (CT1) Zone throughout the year in accordance with the following regulations: (A) only one (1) communal campfire pit is allowed per 25 campground sites; (B) campfires must be located a minimum of 10 metres from adjoining property lines and buildings; (C) campfires shall not begin prior to 18:00 and must be extinguished before 23:00 hours local time; (D) the only allowable material burned in the campfire will consist of dry seasoned fire wood; (E) BC Ministry of Environment Venting Index must be between 60-100, no campfires are permitted unless the ventilation index is met; (F) no person shall continue to burn if it is the cause of an unreasonable nuisance to any other person in the neighbourhood because of drifting smoke, ash or an unpleasant odour. (xi) no incinerator or other device or appliance, including burn barrels, shall be erected or used outside of the walls of any building; (xii) open air burning is prohibited for land clearing debris, wastes from construction, and building demolition materials; (xiii) no visible smoke may leave the property of origin. (b) Notwithstanding any of the above, open air burning is allowed where authorized by the Fire Chief by special permit, for the purposes of reducing hazardous conditions, for Fire Department training, or for the good of the Town (c) Notwithstanding any of the above, the Fire Chief may, at his discretion, suspend any or all outdoor burning for reasons of public nuisance or public safety, including but not limited to, air quality and risk of fire spread, and in such event no person shall carry on open burning within the Town. 14 16. FIRE PROTECTION EQUIPMENT (a) Every owner of premises must ensure that all Fire Protection Equipment required under the Building Code or Fire Code is inspected, tested and maintained in accordance with good engineering practices and the applicable standards, requirements and guidelines of the Building Code, the Building Bylaw, the Fire Code, this Bylaw and all other applicable enactments, all as amended or replaced from time to time, and any equivalents or alternative solutions required or accepted under those enactments. (b) Fire Department pumper connections shall be located and positioned in accordance with the Building Code and approved by the Fire Chief or designate. (c) All Fire Department pumper connections and protective caps shall be kept in place at all times and, where such connections or protective caps are missing, the building owner or occupier shall promptly cause the connections to be examined for accumulated material, back-flushed if such material is present or suspected, or upon the direction of the Fire Chief or the Fire Chief’s designate, and shall ensure the connections and caps are replaced. (d) Every owner or occupier of a building must ensure that accesses to Fire Department connections for Sprinkler Systems or standpipe systems are clearly identified, functional, kept in good repair and maintained free of obstructions at all times. (e) Every owner or occupier of a building shall ensure that signs are displayed identifying: (i) which Fire Department connection serves a particular Sprinkler System or standpipe system; and (ii) the maximum pumping inlet pressure at a Fire Department connection. (f) Every owner of premises for which a Sprinkler System is required under the Building Code or the Building Bylaw must, in accordance with the requirements of the Fire Code, maintain, repair and upgrade the Sprinkler System to accommodate any material change in use or occupancy that results in a greater Fire Hazard than that which the Sprinkler System was intended to accommodate (g) When a building equipped with a Sprinkler System or a standpipe is being demolished, the system or standpipe shall be maintained in operation, subject to sequential deactivation, until the demolition work is completed. (h) The owner and occupier of every premise with residential occupancy must ensure that all installed smoke alarms are maintained, tested, repaired and 15 replaced in accordance with the requirements of the manufacturer. 17. FIRE HYDRANTS (a) The fire hose connection type, hydrant color coding and location of all fire hydrants and other Fire Department connections shall be subject to the approval of the Fire Chief and Town Director of Operations. (b) No person, except a Member, shall use or take water from any fire hydrant or standpipe, nor make any attachment to a fire hydrant or standpipe, without first obtaining written permission from the Town Director of Operations or Fire Chief to do so. (c) No person shall tamper with the mechanical operation of a fire hydrant. (d) No person shall remove a fire hydrant from its authorized or required location unless authorized to do so by the Fire Chief and in accordance with any direction, conditions, measures, or requirements of the Fire Chief. (e) Where a fire hydrant is located on private property, the owner or occupier of the premises must: (i) ensure that all requirements of the Building Code are complied with during installation of the fire hydrant; (ii) maintain space around the fire hydrant with stable ground cover and a clear and unobstructed area as shown in Schedule A. (f) If an owner or occupier fails to properly maintain the hydrant area in accordance with the access route specifications set out in the Building Code and Schedule A, the Fire Chief may issue an order to the owner or occupier to comply with such specifications within a time period specified in the order. (g) If an owner or occupier fails to comply with an order issued under the subsection (f) above within the time specified in the order, the Town may enter onto the property and carry out such work at the cost of the owner. (h) The owner or occupier of premises on which a private fire hydrant is installed must ensure that the hydrant is maintained in good working condition at all times and that the hydrant is inspected, serviced and tested at least yearly by a qualified person in accordance with the requirements of the Fire Code. (i) Without limiting subsection (h) above, the owner of property on which a private fire hydrant is installed must maintain the hydrant in accordance with the Fire Code and must upon request provide the Fire Chief with a written report of the inspection, servicing and testing performed on the private fire hydrant. 16 18. FIRE ALARM SYSTEMS (a) Every owner or occupier of any premises with a Fire Alarm System must maintain and provide to the Fire Department, in writing, the names and telephone numbers of three (3) contact persons, at least one of whom is available 24 hours a day by telephone to attend within 30 minutes of notification by the Fire Department to enter and secure the premises at an Incident. (b) The owner or occupier must notify the Fire Department in writing within 7 days of any changes in the names or addresses of contact persons. (c) The owner or occupier must provide to every contact person designated under the above subsection (a) full access to the premises for which they have responsibility and full authority to take control of and operate the Fire Alarm System and secure the premises on completion of Assistance Response or other Incident. (d) Where a contact person fails to respond to a fire alarm and attend the premises within 30 minutes: (i) the Fire Department may use whatever means are necessary to gain entry to the premises to investigate the fire alarm without payment to the owner or occupier of any compensation whatsoever for damage caused to the premises by such forced entry; and (ii) the owner or occupier of the premises shall be liable to reimburse the Town, at the rates specified from time to time in the Fees and Charges Bylaw for the cost to the Town of all time during which Fire Department Apparatus and Members were required to remain on standby at the premises, commencing after the 30 minute time period specified in this subsection, until such time as a contact person, owner or occupier arrives to attend at, provide access to, or secure the premises. 19. ACTIVATION OF A FIRE ALARM SYSTEM (a) A person must not activate a Fire Alarm System unless: (i) there is a fire; (ii) the person reasonably believes that a fire or other Incident is occurring or is imminent; or (iii) the activation is carried out for testing purposes by persons authorized by the Fire Chief. 17 20. FIRE SAFETY PLANNING (a) The owner or occupier of any building required by the Fire Code to have a Fire Safety Plan prepared in cooperation with the Fire Department must: (i) ensure that the Fire Safety Plan is compliant and consistent with the requirements of the Fire Code; (ii) prepare the Fire Safety Plan in a form, format and diagram template acceptable to the Fire Chief and submit the Fire Safety Plan to the Fire Chief for review; (iii) pay the fee prescribed in the Fees and Charges Bylaw for review of the Fire Safety Plan; (iv) review the Fire Safety Plan at least annually in accordance with the requirements of the Fire Code and if material changes have occurred in relation to the building, use, or occupancy, submit an updated plan to the Fire Chief for review; and (v) locate the Fire Safety Plan on the premises in a location and manner acceptable to the Fire Chief to allow for reference by the Fire Department. 21. NO OBSTRUCTIONS (a) A person must not cause to be placed, stored, or maintained upon any roof or balcony any material or object which may interfere with access or egress or Fire Department operations in case of fire or other emergency, and shall remove all such objects or materials upon the order of the Fire Chief or any Member. (b) A person must not obstruct access passageways on a roof surface required by the Fire Code or Building Code. (c) Every owner or occupier of premises must at all times ensure that all exits and means of egress required under the Building Code, Fire Services Act, Fire Code or the Building Bylaw or the Building Standards Bylaw are properly maintained and remain unobstructed at all times. 18 22. REGULATION OF FIRE HAZARDS (a) A person must not cause or permit Combustible Materials, growth, waste, or rubbish of any kind to accumulate in or around premises in such a manner as to endanger property or constitute a Fire Hazard. (b) The Fire Chief may order any person to remove or otherwise deal with accumulation or materials or growth referred to in subsection (a) above and upon receipt of such order, that person shall take whatever action is specified in the Fire Chief’s order within the time period specified therein, failing which the Fire Department may take whatever action is necessary to remove the Fire Hazard at the expense of the person to whom the order is directed or the owner or occupier of the premises. (c) No person shall deposit, or allow to be deposited, ashes or other materials or things taken from any stove, furnace, fireplace, or heating appliance, in anything other than a metal or other non-combustible container. (d) No person shall deposit or allow or cause to be deposited any greasy or oily rags or other material or things or substances likely to ignite spontaneously or aid in the spread of fire, in anything other than a suitable metal or non-combustible container or receptacle equipped with a close fitting lid. (e) No person shall keep or store or cause to be kept or stored any accumulation of material that might cause a fire, contribute to the spread or severity of a fire, pose a risk to neighbouring improvements, pose a risk to Members or limit the ability of Members to evacuate victims of a fire. (f) No person shall park or leave standing a motor vehicle or vessel where fuel is leaking. The Fire Chief shall have the authority to have towed any vehicle or vessel that they consider to pose a risk of fire or other risk. All costs associated with the towing and storage of vehicles or vessels shall be the responsibility of the vehicle or vessel owner. 23. INSPECTION OF PREMISES (a) The Fire Chief and any Member designated by the Fire Chief is hereby authorized to enter at all reasonable times upon any premises to inspect and determine whether or not: (i) the premises are in such a state of disrepair that a fire starting therein might spread so rapidly as to endanger life or other premises or property; (ii) the premises are so used or occupied that fire would endanger life or property; Amended by 1369.01 December 14, 2020 21 (iii) combustible or explosive materials are being kept on the premises or other flammable conditions exist in or about the premises so as to endanger life or property; (iv) in the opinion of the Fire Chief or a Member, a Fire Hazard exists in or about the premises; or (v) the requirements of this Bylaw and the Fire Code are being complied with. (b) No person shall obstruct, hinder or prevent the Fire Chief or any Member from entering into or upon any premises for the purpose of inspecting the premises in the ordinary course of their duties. (c) Every occupier of premises shall provide all information and shall render all assistance required by the Fire Chief or any Member in connection with the inspection of such premises pursuant to this Bylaw, the Fire Code, and the Fire Services Act. (d) No person shall purposely withhold or falsify any information required by the Fire Chief or any Member under this Bylaw, the Fire Code, or the Fire Services Act. 24. NUISANCE AND DANGEROUS GOODS INCIDENTS (a) Every person who, willfully or recklessly and without reasonable cause: (i) sets or causes a fire or explosion to which the Fire Department must respond; or (ii) causes a fire or any other loss that can be directly attributed to the use of fireworks contrary to the requirements and restrictions of the Good Neighbour Bylaw, shall be deemed to have caused a nuisance and, in addition to any penalty imposed under this Bylaw or otherwise by law, shall be liable to pay the actual costs and expenses incurred by the Fire Department in abating that nuisance by responding to and investigating the fire or loss, calculated in accordance with the rates set out in the Fees and Charges Bylaw. (b) Every owner, carrier, agency, organization or other person having responsibility for the transport, storage or use of dangerous goods, shall be responsible, at that person’s own cost and expense, for the clean-up and safe disposal of all such dangerous goods arising from any Incident, and a person who fails to do so shall be liable to pay the actual costs and expenses incurred by the Fire Department in performing such work including: 20 (i) the costs and expenses incurred by the Town or its contractors or agents for the clean-up and safe transport and disposal of the dangerous goods; and (ii) the costs incurred by the Fire Department in mitigating the dangerous goods Incident, including without limitation, Equipment and Apparatus replacement and decontamination costs. (c) If a fire cause or other investigation is required, and cannot be conducted immediately, the owner is required to provide for Incident security through a recognized security agency that is acceptable to the Fire Chief. (d) All costs associated with providing required security at an Incident, as described in subsection (c) above, are the sole responsibility of the owner or occupier. 25. FALSE ALARM INCIDENT FEES (a) The owner or occupier of premises containing a Fire Alarm System shall, on the occurrence of a second False Alarm and for each subsequent False Alarm occurring in any 12 month period, pay the Town a fee for each such False Alarm in accordance with the Fees and Charges Bylaw. (b) Where an owner or occupier makes documented improvements to a Fire Alarm System through a fire protection technician, or takes other steps acceptable to the Fire Chief, to reduce or eliminate future False Alarms, then, upon receipt of an application in writing within thirty days of the most recent False Alarm, the Fire Chief may deem for the purposes of the above subsection (a) that, until another False Alarm occurs, no False Alarm of the Fire Alarm System has occurred. (c) Where a person fails to notify the monitoring company or the Fire Department when carrying out testing, repair, maintenance, adjustments or alterations to a Fire Alarm System, as required by this Bylaw, and such failure results in the activation of the Fire Alarm System resulting in a response by the Fire Department, that occurrence will deemed to be a False Alarm for the purposes of this Bylaw. 26. FIRE ORDERS (a) In addition to authority provided for orders by the Fire Chief or designate elsewhere in this Bylaw, if a person contravenes or fails to comply fully with any provision of this Bylaw, or if conditions exist in or upon any premises which in the opinion of the Fire Chief or designate, constitute a Fire Hazard or other danger to life or property, the Fire Chief or designate may, in writing, issue such order to that person as necessary to ensure full and proper compliance with this 21 Bylaw or to remove or otherwise deal with the Fire Hazard or other danger. (b) An order made by the Fire Chief or designate under this Bylaw may be served: (i) by delivering it or causing it to be delivered to the person to whom it is directed; (ii) by sending the order by mail to the last known address of the property owner; or (iii) if the person to whom it is directed cannot be found, is not known or refuses to accept service of the order, by posting a copy of the order in a conspicuous place on the premises that is subject to the order. (c) If an order has been posted in accordance with subsection (b) above, a person must not remove, deface or destroy the order. (d) A person against whom an order has been made by a designate of the Fire Chief under this Bylaw may, before the expiration of ten (10) days from the date of the order, appeal in writing to the Fire Chief, who may uphold the order, vary or set aside the order, or issue an alternative order. (e) Every order issued by the Fire Chief shall state a date by which the order shall be carried out, which date shall, in the discretion of the issuer, have regard to the degree of urgency involved in correcting or removing conditions which may tend to increase the hazard of fire or danger to life and property. (f) Where a person is in default of an order made pursuant to this Bylaw, the Town by its employees, servants or agents may enter the premises and effect such work as is required in the notice at the cost and expense of the owner or occupier of the premises, payable upon receipt of invoice from the Town. 27. SPECIAL PERMIT (a) A permit shall be required in conformance with the “Flammable and Combustible Liquids” Section of the British Columbia Fire Code Regulations. (i) 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; (ii) a permit does not take the place of any license required by law; (iii) a permit shall not be transferable and any change in occupancy or use of a building or premises shall require a new permit; 20 (iv) before a permit may be issued, the Fire Chief may inspect and approve the receptacles, vehicles, buildings, property or storage places to be used; (v) 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; (vi) the Fire Chief may issue a permit where: (A) an application is made in the form prescribed by the Fire Chief; (B) the proposed use or occupancy conforms with applicable bylaws, codes and regulations; and (C) the permit fee has been paid. (vii) the Fire Chief may revoke a permit where there is a violation of: (A) any condition under which the permit was issued; or (B) any requirement of this bylaw, codes, or regulations. (viii) this bylaw shall not be construed to hold the Town responsible for any damage to persons or property by reason of: (A) inspections authorized by this bylaw; (B) the failure to carry out an inspection; (C) a permit issued as herein provided; or (D) the approval or disapproval of any equipment authorized by this bylaw. (ix) permits and licences shall be posted upon the building or premises described therein and made available for inspection by the Fire Chief. (x) The fees specified in the Fees and Charges Bylaw shall be paid to the Town by all applications 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 Service Act, as amended from time to time and for inspection of any work or thing for which the said permit is required. 21 28. PENALTIES (a) The provisions of this Bylaw may be enforced by any Bylaw Enforcement Officer, Fire Chief. (b) Any person who: (i) contravenes, violates or fails to comply with any provision of this Bylaw or of any order issued under this Bylaw; (ii) suffers or permits any act or thing to be done in contravention or violation of any provision of this Bylaw or any order issued under this Bylaw; or (iii) fails or neglects to do anything required to be done under this Bylaw or any order issued under this Bylaw, commits an offence and, upon conviction, shall be liable to a fine or penalty not exceeding $10,000.00, and where the offence is a continuing one, each day the offence continues shall constitute a separate offence. (c) This Bylaw is designated pursuant to Section 264 of the Community Charter, as a bylaw that may be enforced by means of a ticket in the form prescribed. (d) Pursuant to Section 264(1)(c) of the Community Charter, the words or expression set forth in Column 1 of Schedule 6 of Municipal Ticketing Bylaw 1289, and Schedule A Appendix 6 of Bylaw Notice Enforcement Bylaw 1321, under the heading “Description of Offence”, designate the offence committed under that section of this Bylaw appearing in Column 2 of Schedule 6 of Bylaw 1289 and Schedule A Appendix 6 of Bylaw 1321, under the heading “Section”, opposite the respective words or expressions. (e) Pursuant to Section 265(1)(a) of the Community Charter, the fine amount set forth in Column 3 of Schedule 6 of Municipal Ticketing Bylaw 1289, under the heading “Fine”, is the fine amount that corresponds to the section number and words or expressions set out in Columns 1 and 2 of Schedule 6 of Municipal Ticketing Bylaw 1289 opposite the fine amount; and the fine amount set forth in Column 3, 4 and 5 of Schedule A Appendix 6 of Bylaw Notice Enforcement Bylaw 1321, under the heading “Fine”, “Early Payment Penalty” and “Late Payment Penalty, is the fine amount that corresponds to the section number and words or expressions set out in Columns 1 and 2 of Schedule A Appendix 6 of Bylaw Notice Enforcement Bylaw 1321 opposite the fine amount. 29. COST RECOVERY FOR RE-INSPECTION (a) Where an owner or operator of a building is notified by the Fire Department or Fire Inspection Contractor of a deficiency under this Bylaw or the Building Code or Fire Code, and that deficiency was reported as a result of an inspection by the Fire Department or Fire Inspection Contractor, the Fire Department or Fire 20 Inspection Contractor may re-inspect that premises. If, upon re-inspection after a period of time deemed reasonable by the Fire Chief or Fire Inspection Contractor, the deficiency has not been remediated, the owner of said building will be charged the re-inspection fee set out in the Fees and Charges Bylaw for the re-inspection and each subsequent re-inspection thereafter until the deficiency has been remediated. 30. GENERAL FEE REGULATIONS (a) Where under this Bylaw the Town is authorized or required to provide work or services to lands or improvements, and the costs incurred by the Town in carrying out such work or services are not paid when due and payable, the Town may recover those costs from the owner of the lands or improvements in the same manner and with the same remedies as ordinary taxes and, if the costs remain unpaid on December 31, they shall be deemed to be taxes in arrears. 31. SEVERABILITY (a) If any part, section, subsection or phrase of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid portion shall be severed and the remainder of the Bylaw will be deemed to have been enacted without the invalid portion. 32. APPLICATION (a) The provisions of this Bylaw apply to all buildings, structures, premises and conditions within the Town and O.F.P.D and, for certainty, apply to both existing buildings and buildings under construction. 33. GENDER AND NUMBER (a) Wherever the singular or masculine is used in this Bylaw, the same shall be construed as meaning the plural, feminine or the body corporate or politic where the context so requires. 34. ADOPTION (a) This Bylaw comes into force and takes effect on the date of its adoption by Council. 35. REPEAL (a) Oliver Volunteer Fire Department Establishment and Fire Regulation Bylaw No. 636 and its associated amendments are hereby repealed. 21 READ A FIRST, SECOND AND THIRD TIME THIS 23rd DAY OF OCTOBER, 2017. ADOPTED THIS 14th DAY OF NOVEMBER, 2017. ' Original signed by Mayor ' ' Original signed by Corporate Officer ' Mayor Corporate Officer 22 SCHEDULE A Fire Hydrants other than at an intersection: Fire Hydrants at an intersection: