District of Sicamous Fire Department Bylaw No. 126, 1995 Effective Date February 26, 1996 Consolidated for Convenience Only This is a consolidated version of the parent bylaw that incorporates changes made pursuant to the following amendment bylaws: Amendment Bylaw Effective Date Bylaw No. 224, 1997 February 24, 1997 Bylaw No. 238, 1997 April 28, 1997 Bylaw No. 281, 1997 December 8, 1997 Bylaw No. 336, 1999 January 25, 1999 Bylaw No. 390, 2000 May 8, 2000 Bylaw No. 400, 2000 September 11, 2000 Bylaw No. 418, 2000 January 8, 2001 Bylaw No. 423, 2001 April 23, 2001 Bylaw No. 440, 2001 September 10, 2001 Bylaw No. 465, 2002 May 13, 2002 Bylaw No. 482, 2002 December 9, 2002 Bylaw No. 504, 2003 October 27, 2003 Bylaw No. 546, 2004 November 8, 2004 Bylaw No. 588, 2005 October 11, 2005 Bylaw No. 632, 2006 November 22, 2006 Bylaw No. 770, 2009 October 28, 2009 This consolidation is for convenience and reference purposes only. Persons making use of this consolidated version of Bylaw No. 126 are advised that it is not a legal document. For the purposes of interpreting and applying the law, the original Bylaw No. 126 and all amending bylaws must be consulted.
Bylaw No. 126, 1995 Page 2 of 10 DISTRICT OF SICAMOUS BYLAW NO. 126 A Bylaw to establish and regulate a fire department. WHEREAS Section 669 of the Municipal Act of British Columbia authorizes the Council to establish a Fire Department, and to make provisions for the appointing, controlling and regulating of a Fire Chief as well as such members of the Fire Department as from time to time may be necessary; AND WHEREAS Section 700 of the Municipal Act of British Columbia subjects the municipality to the Fire Services Act of British Columbia and the regulations made thereunder; AND WHEREAS Section 50 of the Fire Services Act of British Columbia does not absolve a municipality from its duty to enforce any law or regulations relating to any matter within the provisions of the Fire Services Act; NOW THEREFORE, the Council of the District of Sicamous, in open meeting assembled, ENACTS AS FOLLOWS: 1. A department for the District of Sicamous to be known as the Sicamous Fire Department is hereby established and the head of the Department shall be known as the Fire Chief. 2. Interpretation Administrator - means the Administrator for the District of Sicamous. Bylaw No. 504 Alarm Incident means the activation of a fire alarm system and the direct or indirect reporting of the activation to the Fire Department. Apparatus - means any vehicle provided with machinery, devices, equipment or materials for fire protection and assistance response as well as vehicles used to transport fire fighters or supplies. Council - means the Council of the District of Sicamous. Bylaw No. 504 District means the Corporation of the District of Sicamous. Equipment - means any tools, contrivances, devices or materials used by the Fire Department to combat an incident or other emergency. Bylaw No. 504 Bylaw No. 504 False Alarm means the activation of a fire alarm system as a result of which services are provided on behalf of the District and the providers of the service do not find any evidence of fire, fire damage, or smoke. Fire Alarm System means a devise 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. Fire Chief - means the Member appointed by Council, as head of the Fire Department, and shall be deemed to be a Municipal Public Officer as defined in the Municipal Act.
Bylaw No. 126, 1995 Page 3 of 10 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 and includes assistance response circumstances described in Section 8 (4) of this bylaw. Mayor - means the Mayor of the District of Sicamous. Member - means any person or Officer that is duly appointed by Council as a member of the Fire Department and shall be deemed to be a Municipal Public Officer as defined in the Municipal Act. Officer - means a Member appointed by Council and given specific authority to assist the Fire Chief in his duties. 3. The Fire Chief shall be appointed by resolution of the Council of the District of Sicamous 4. In addition to the Fire Chief of the Department, personnel shall consist of such other officers and members as from time to time may be deemed necessary by the Council and/or the Fire Chief. Bylaw No. 465 5. (a) The Chief of the Department may recommend to the Council the appointment of a qualified person or persons as a Deputy Chief or Deputy Chiefs for the Department. (b) A person is qualified to be appointed a volunteer member of the Department for fire fighting duties who: (i) is of legal age; (ii) is of good character; (iii) passed tests as may be required by the Fire Chief; and (iv) is medically fit to be a member. (c) A person appointed as a volunteer member of the Department for fire fighting duties shall be on probation for a period of at least three months during which period he shall take such special training and examinations as may be required by the Fire Chief. Bylaw No. 440 (d) A person is qualified to be appointed as a Junior Volunteer member of the Department for training purposes only, who: (i) has not reached legal age; (ii) is of good character; (iii) has passed tests as may be required by the Fire Chief; and (iv) is medically fit to be a member. A Junior Volunteer member is authorized to attend at the scene of a fire, on the direction of the Fire Chief or designate, for assistance purposes only but is not authorized to fight fires. Bylaw No. 770 6. The remuneration of all members of the Department shall be as determined by Council and as shown in the District of Sicamous Fees and Charges Bylaw No. 740, 2009.
Bylaw No. 126, 1995 Page 4 of 10 7. The Fire Chief shall have the management, control and supervision of the Fire Department and the care, custody and control of all buildings, apparatus and equipment of the Fire Department and shall be directly responsible to the Administrator of the District for efficient management of the Fire Department and the condition of all buildings, apparatus and equipment under his control. 8. (1) The Fire Chief may from time to time make such rules and regulations for the proper and efficient administration and operation of the Fire Department and for the discipline of its members and may vary, alter or repeal such rules and regulations as he shall from time to time deem fit and necessary. (2) All members of the Fire Department shall comply with all rules and regulations from time to time made pursuant to Section 8 (1) and any failure to comply with the said rules and regulations by a member of the Fire Department shall be dealt with and disposed of by the Fire Chief in such a manner as he shall deem fit. (3) The Fire Chief shall take all proper measures for the prevention, control and extinguishment of fires and for the protection of life and property and shall enforce all Municipal Bylaws respecting fire prevention and exercise the powers and duties imposed upon him by the Fire Services Act, Revised Statutes of British Columbia, 1979, and amendments thereto. (4) The Fire Chief shall be required to carry out all fire protection and assistance response activities and such other activities as Council directs including but not limited to: (a) first response medical emergencies, (b) rescue operations, (c) response to hazardous material incidents, and (d) public services. (5) The Fire Chief shall submit to the Council for its approval, as required by the Council, the annual estimates of expenditures of the Fire Department. (6) The Deputy Chief shall report to the Fire Chief and carry out the orders of the Chief and, in the absence of the Chief, has all the power and shall perform the duties of the Chief. (7) No unauthorized person shall ride on any fire apparatus enroute to or in returning from the scene of any fire or any alarm of fire. 9. The Fire Chief, or any members of the Fire Department authorized by Council, may at any reasonable time enter any premise for the purpose of fire prevention inspections. 10. 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. 11. 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.
Bylaw No. 126, 1995 Page 5 of 10 12. 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. 13. 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. 14. No person shall enter the boundaries or limits of an area prescribed in accordance with Section 13 unless he has been authorized to enter by the Fire Chief or the member in charge. 15. 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 14. 16. 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. 17. 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. 18. No person shall damage or destroy Fire Department apparatus or equipment. 19. No person at an incident shall drive a vehicle over any equipment without permission of the Fire Chief or the member in charge. 20. No person shall falsely represent themselves as a Fire Department member. 21. 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. 22. 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. 23. 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 shall be set out annually by the Council. 24. The Department shall not respond to a call with respect to a fire or emergency outside the limits of the District of Sicamous, except with permission from the Administrator or Mayor, with the exception of emergencies on behalf of the Provincial Emergency Program or by the express authorization of a written contract or agreement providing for the supply of fire fighting and assistance response services outside the established boundaries.
Bylaw No. 126, 1995 Page 6 of 10 25. In compliance with Section 2.6.1.4. of the B.C. Fire Code, it is recommended that a property owner or occupant have a chimney inspected by a qualified trades person after a chimney fire, with proof of same provided to the District prior to re-use of the chimney. Bylaw No. 423 26. The District of Sicamous shall provide inspection of premises under the Fire Services Act and Fire Safety Regulations. Each business, public facility, and multi residential buildings shall be inspected once in every 12 months unless otherwise stated under Inspection Frequency: (a) Inspection Procedures shall comply with the following: First Inspection Inspector will attempt to undertake inspection with owner/operator or designated staff member. The Inspector may enter onto certain public facilities by use of Lock Box Key to conduct inspection with prior consent of owner. The Inspector will provide a written report to the owner/operator or designated staff member with the results of the inspection. The Inspector shall indicate on the written report when a follow up inspection will be conducted, and the deficiencies must be corrected. This date should be at the discretion of the Inspector related to the seriousness of the deficiency. Follow Up Inspection Bylaw No. 770 The Inspector shall conduct a follow up inspection to ensure any deficiencies have been corrected. Any further inspections conducted by the Inspector to settle non-compliance noted in the Follow Up Inspection will be charged to the owner as per Fees and Charges Bylaw No. 740, 2009. Home Occupations Only one inspection shall be conducted by the Inspector prior to issue of a Business License. The property owner shall be responsible to comply with the Fire Code without further inspection. Bylaw No. 632 Inspection Frequency: Schools 1 inspection/3 months Pubs 1 inspection/4 months Service Stations and Marinas 1 inspection/6 months Marinas 1 inspection/12 months Churches, Hotels/Motels, Bed & Breakfast, Resorts, and Assembly Halls 1 inspection/12 months Retail, Industrial, Offices 1 inspection/12 months Municipal, Provincial, Federal Buildings 1 inspection/12 months Restaurants once seasonally Multi Residential Buildings (Common Area) 2 inspections/12 months and any appurtenances associated therewith. Bylaw No. 504 27. False Alarms (a) Property Owners Responsibility
Bylaw No. 126, 1995 Page 7 of 10 The owner or occupier of real property shall be responsible for the proper use, installation, maintenance and operation of any fire alarm system installed on or in the real property in order to ensure the prevention of false alarms. Bylaw No. 770 (b) Fees to be Charged for Attendance at False Alarms The owner or occupier of real property to which the services of the Fire Department are provided in response to a false alarm shall pay to the District, the fees outlined in the Fees and Charges Bylaw No. 740, 2009. (c) Invoicing Where a fee is charged, the District will invoice the owner of real property for the response service. (d) When Invoice Due An invoice issued under this bylaw is due and payable upon receipt. (e) Collection of Fees Any fees remaining unpaid at December 31 st (and where the bill is more than 30 days in arrears) will be added to and form part of the taxes payable on the real property as taxes in arrears. (f) Fees Property of District All fees collected become the property of the District. Bylaw No. 632 Bylaw No. 770 28. A person or property owner who starts a fire without a valid permit pursuant to the Outdoor Burning Bylaw No. 452, 2002 as amended from time to time, shall be responsible for the costs of providing the additional personnel and equipment that the Chief may deem necessary to extinguish the fire or to suppress any escape or threatened escape of the fire. (a) Costs for providing additional personnel and equipment shall be charged out as outlined in the Fees and Charges Bylaw No. 740, 2009. 29. The Fire Chief shall provide a Fire Department Report to the Council of the District of Sicamous on a semi-annual basis. 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 offense, and upon a summary conviction is liable to imprisonment for a term of not more than six (6) months or to a fine of not more than two thousand, five hundred dollars ($2,500.00) or to both fine and imprisonment. 31. This bylaw comes into force and takes effect on the date of its adoption by Council. 32. This bylaw rescinds the District of Sicamous Bylaw No. 5, 1989 adopted by the Council of the District of Sicamous on the 14th day of January, 1991. 33. This bylaw may be cited as District of Sicamous Fire Department Bylaw No. 126, 1995.
Bylaw No. 126, 1995 Page 8 of 10 READ a first time this 23rd day of October, 1995. READ a second time this 23rd day of October, 1995. READ a third time this 12th day of February, 1996. RECONSIDERED AND FINALLY ADOPTED this 26th day of February, 1996. Mayor Clerk Certified a true and correct copy of the District of Sicamous Fire Department Establishment Bylaw No. 126, 1995 Clerk Bylaw No. 770
Bylaw No. 126, 1995 Page 9 of 10 (Schedules A and B have been transferred to the Fees and Charges Bylaw No. 740, 2009) Bylaw No. 482 Schedule C DISTRICT OF SICAMOUS and FIRE DEPARTMENT LOGO CHIMNEY INSPECTION NOTICE Resident Name: Address: Telephone: Date of Fire: District of Sicamous Fire Department Attending Officer: While your fire department is pleased to be of service to you in extinguishing your chimney fire, you are reminded that under Section 2.6.1.4 of the B.C. Fire Code: 1. Every chimney, flue and flue pipe shall be inspected to identify any dangerous condition: (a) at intervals not greater than 12 months. (b) at the time of addition of any appliances, and (c) after a chimney fire. 2. Chimneys, flues and flue pipes shall be cleaned as often as necessary to keep them free from dangerous accumulations of combustible deposits. 3. A chimney, flue or flue pipe shall be replaced or repaired to eliminate: (a) any structural deficiency or decay (b) all abandoned or unused openings, which are not effectively sealed in a manner that would prevent the passage of smoke or fire. It is the responsibility of the property owner to ensure that the property is in compliance with the requirements of the B.C. Fire Code. Therefore, as a result of the chimney fire, it is strongly recommended that you have the chimney, flue and flue pipes cleaned and inspected for damage and decay before any subsequent use in compliance with Section 2.6.1.4. of the B.C. Fire Code. Note: The cleaning and inspection should be conducted by a trained and experienced individual holding certification from the Wood Energy Technical Training (WETT) Program and a current WETT Inc. membership. Cleaning and Inspection Record Cleaner: Name Signature Telephone Inspector: Name Signature WETT Member Number
Bylaw No. 126, 1995 Page 10 of 10 Date cleaned: Date Inspected: Telephone