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Bylaw 79

This bylaw, like any bylaw enacted by the Trustees of an Improvement District, is subject to the ratification of the provincial government body responsible for Improvement Districts, currently MCAWS.

This particular bylaw is being reviewed by the Fire Chief and Trustees and may be altered in the near future.

GABRIOLA FIRE PROTECTION DISTRICT
BYLAW #79
Revised July 2009

The Trustees of the Gabriola Fire Protection District, realizing the need for more localized and further regulations and restrictions governing fire prevention, suppression and control beyond those provided for within the Fire Services Act and Forest Practise Code Act of B.C., hereby enact Bylaw No. 79 as follows:

SECTION 1.1    FIRE REGULATIONS BYLAW 79

SUBSECTION 1.1.1    GENERAL

1.1.1.1    This Bylaw may be cited as the "Fire Regulations Bylaw, 2009".

SECTION 2.1    DEFINITIONS OF WORDS AND PHRASES

SUBSECTION 2.1.1    In this Bylaw, unless the context otherwise requires, the following terms and expressions, that are in italics, shall have the meanings hereinafter assigned to them, that is to say:

Authorized shall mean authorized by the Chief of the Fire Department;

Authorized incinerator shall mean any metal or masonry container in good condition mounted on a non- combustible base, fitted with a metal screen or grill of less than 12.5 mm (1/2") mesh to restrict any sparks or flying debris.  Incinerators are not to be used to dispose of garbage or any material restricted under the Environmental Management Act (E.M.A.);

Beach fire shall mean any open air fire located below the high water mark (within 100 metres from the shore);

Board shall mean the Board of Trustees of the Gabriola Fire Protection District;

Boundary: The boundary of the Gabriola Fire Protection District is all of Gabriola Island and extends 100 metres offshore from the high water mark.

Building shall mean any structure used or intended to be used for the support, shelter or enclosure of person, animals or chattels;

Campfire shall mean any open air fire used for cooking or warmth, which meets the conditions set forth in paragraph 13.1.1.3;

Chimney shall mean any pipes, flues or pathways constructed to convey the products of combustion from a furnace, stove or heater to the open air;

Closed season refers to any period of time during the year so declared by the Fire Chief to be such; there may be more than one such period in a year;

District shall mean the Gabriola Fire Protection District;

Dwelling shall mean any building or part of a building occupied or intended to be occupied as a residence;

Environmental Management Act - Provisions of the E.M.A. supercede all local burning regulations (see 2.2.1.3)

Extinguished shall mean no visible flame, sparks, glowing embers, smoke or heat;

Fire Chief shall mean the Fire Chief of the District or any person designated by him to act on his behalf;

Fire Department shall include the fire department of the District and the fire department of any other fire protection district or municipal corporation attending fires with the District;

Fire season means the period each year commencing April 1 and ending October 15, or any other period so declared by the Fire Chief to be a fire season in any particular year;

Fire hazard shall mean any condition that is conducive to the destruction of life or property by fire, or will, or is likely to, increase the extent or severity of a fire;

Fire permit - Class "A" shall mean any open air fire larger than 2 metres in diameter and 2 metres in height built and maintained for the purpose of disposal of brush, stumps and debris resulting from land clearing.  Class "A" fires require a permit all year;

Fire permit' - Class "B" shall mean any open air fire used for the disposal of minor brush piles from yard clearing, shall not contain stumps or other large land clearing debris larger than 4" in diameter and shall not be larger than 2 metres in diameter and 2 metres in height.  Class "B" fire require a permit during fire season;

Garbage shall mean any animal, vegetable and wood wastes or scraps, plastic, or as defined by the E.M.A.;

Gasoline shall mean any liquid that will flash or emit a flammable vapour below the temperature of one hundred ten degrees Fahrenheit (110 F) or forty-four degrees Celsius (44 C);   

Occupant shall mean a person who is in physical possession of premises or has responsibility for, and control over, the condition of premises, the activities conducted on those premises and the persons allowed to enter those premises, and without limiting the generality of the foregoing includes the owner, agent, lessee, licensee or tenant of premises in the District;

Open air fire shall mean any fire where the products of combustion are not conveyed to and disposed of by a chimney; this definition does not apply to a fire in a stove that uses a liquid, a gaseous, or a briquet fuel;

Owner means the registered owner of real property;

Person where used in this Bylaw shall mean natural persons of either sex, associations, corporations or co- partnerships, whether acting by themselves or by a servant, agent or employee, and the heirs, executors, administrators, assignees or other legal representatives of such persons to whom the context shall apply according to law;

Premises refers to any building or structure including a private residence;

Private residence shall mean any dwelling;

Two-family dwelling shall mean any building occupied or intended to be occupied as the residence of not more than two families;

Vehicle shall mean every device in, on or by which any person or property is, or may be, transported or drawn on or upon a public highway;

SECTION 2.2    BYLAW APPLICATION

SUBSECTION 2.2.1    GENERAL

2.2.1.1    Unless the context otherwise requires, wording importing the singular number shall include the plural and words importing the masculine gender shall include the feminine and the converse shall apply.

2.2.1.2    Where this Bylaw and any regulations under the Fire Services Act deal with the same subject matters, any further or more stringent restrictions in this Bylaw on the use of property or fire shall have full force and effect, except to the extent that such are repugnant to the Fire Services Act and regulations thereunder.

2.2.1.3    In the event of any conflict, inconsistency or repugnancy between these Bylaws and the Environmental Management Act, the Environmental Management Act shall in all cases prevail.

SECTION 3.1    BREAKING BLOCKADE

SUBSECTION 3.1.1    GENERAL

3.1.1.1    Except with the permission of the Fire Chief, no person shall be permitted to enter any burning building or within the lines across any alley, lane, street or area marked by ropes or guards.

SECTION 4.1    CHIMNEYS

SUBSECTION 4.1.1    GENERAL

4.1.1.1    No owner or occupant of any building shall permit any chimney, stovepipe or flue to be used in  any condition which may cause or create a fire hazard.

4.1.1.2   No sparks may be expelled from any chimney.

SECTION 5.1    DRIVING OVER HOSE

SUBSECTION 5.1.1    GENERAL

5.1.1.1    No person shall drive or run over any fire hose with any vehicle.

SECTION 6.1    FIRE DEPARTMENT WATER SOURCES

SUBSECTION 6.1.1    GENERAL

6.1.1.1    No person shall place or maintain any object or matter which interferes with free access or approach to any fire hydrant, water source, or fire department connection.

SECTION 7.1    COMBUSTIBLE MATERIALS

SUBSECTION 7.1.1    GENERAL

7.1.1.1    No person shall deposit or allow to collect or assign to be deposited within the District any paper, garbage or other combustible materials to a degree which, in the opinion of the Fire Chief, constitutes a fire hazard.

SUBSECTION 7.1.2    DUTY TO SAFELY STORE

7.1.2.1    Any person who makes, uses or has charge of shavings, paper bags, litter or other combustible material shall, at the close of each day, ensure that they are safely stored or disposed of so as to be safe from fire and not create a fire hazard.

SECTION 8.1    NO HINDRANCE

SUBSECTION 8.1.1    GENERAL

8.1.1.1    No person shall in any way hinder any member of the fire department or any other person under the direction of the Fire Chief at any fire or other emergency.

SECTION 9.1    NOTICE TO REMEDY FIRE HAZARD

SUBSECTION 9.1.1    GENERAL

9.1.1.1    Where any conditions exist which in the opinion of the Fire Chief may be deemed a fire hazard the Fire Chief shall notify the owner or occupant of the building or property, either orally or in writing stating the nature of the condition, a remedy, and a time within which the condition shall be remedied.

SUBSECTION 9.1.2    DUTY TO COMPLY

9.1.2.1    Where any owner or occupant has received notice under Section 9.1 he shall comply with the notice within the time indicated.

SUBSECTION 9.1.3    RIGHT OF APPEAL

9.1.3.1    Where any owner, occupant or person within the District has received a notice to remedy a fire hazard and is in grievance with any terms or conditions set forward, he shall have the right of appeal to the Board within ten (10) days of receipt of the notice to remedy said fire hazard.  A written notice of appeal must be received in writing at the postal address for the District, being P.O. Box 89, Gabriola, B.C., VOR 1XO within ten days of the decision of the Fire Chief.  The Board may confirm, reverse or vary the decision appealed from.  An appeal does not operate as a stay or suspend the operation of the decision being appealed until the Board orders otherwise.  

SECTION 10.1    BURNING

SUBSECTION 10.1.1    GENERAL

10.1.1.1    Subject to subsection 13.1 during fire season no person shall light, ignite or maintain an open air fire or cause to be lit, ignited or maintained in an open air fire without first obtaining a permit, oral or written from the Office of the Fire Chief.

10.1.1.2    Class "A" fires require a permit throughout the year.

10.1.1.3    No person shall light, ignite or maintain an open air fire or cause an open air fire to be lit, ignited, or maintained  anywhere in the District including on or within any premises, surface, land, foreshore, beach, wharf or other structure unless that person is the owner of, or are authorized by the owner of the property (on which the fire is so lit or maintained) to do so or unless that person is the holder of a Permit for such, issued pursuant to these bylaws.

10.1.1.4    Notwithstanding any other provision contained in this bylaw, the Fire Chief may order that a fire of any type in the District be extinguished where such is necessary for public safety, including excessive smoke.

10.1.1.5  Smoke complaints will be referred to the Ministry of Environment at the discretion of the Fire Chief.

SECTION 11.1    FORM OF WRITTEN PERMIT

SUBSECTION 11.1.1    GENERAL

11.1.1.1    A written permit shall be in the form set out in the schedules attached hereto, or to like effect, and shall not be valid after expiration thereof.

11.1.1.2    Schedules 'A'  and 'B'  attached to the Bylaw shall form part of, and have the same force and effect as, and be enforceable in the same manner, as this Bylaw.

11.1.1.3    A permit fee will be charged for the issuance of Class "A" and "B"  fire permits in an amount determined by the Board. 

SECTION 12.1    CANCELLATION OF PERMITS OR BURNING BANS

SUBSECTION 12.1.1    GENERAL

12.1.1.1    For reasons of fire safety due to dry  conditions, the Fire Chief may cancel or suspend issuing fire permits or extend the closed season for fire burning.

12.1.1.2    The Fire Chief may at any time of the year suspend or cancel any permit issued where in his opinion the igniting of a fire in any area may create a fire hazard or the conditions set forth on an issued permit have not been complied with.

SECTION 13.1    'OPEN AIR' FIRES

SUBSECTION 13.1.1    GENERAL

13.1.1.1    For the purpose of this Bylaw, every fire shall be presumed to be an open air fire in every case where the products of combustion from a fire are not conveyed to and disposed of by means of a chimney constructed and maintained in accordance with the regulations made pursuant to the Fire Services Act and the current edition and amendments thereto of the B.C. Building Code.

13.1.1.2    All open air fires require a burning permit during fire season, except incinerators or a properly constructed camp fire.

13.1.1.3    The person responsible, permit holder or some competent person appointed by him shall ensure that an open air fire is properly located, constructed and tended.

SUBSECTION 13.1.2    AUTHORIZED INCINERATORS

13.1.2.1    The Owner of an authorized incinerator shall ensure:
   
13.1.2.2    That the authorized incinerator is maintained in a condition that provides for proper combustion of any permitted material burned;

13.1.2.3    That while it is in use, the person responsible or some competent person appointed by him/her shall supervise any burning and ensure that any equipment necessary for fire control is available;

13.1.2.4    That the authorized incinerator is located a safe distance from any  combustible growth, debris, structure or object.

SUBSECTION 13.1.3    BEACH FIRES

13.1.3.1    Open air beach fires are not permitted during fire season without written permission from the Fire Chief's office.
 
SUBSECTION 13.1.4 SMALL FIRES (LESS THAN 1 CUBIC METRE) INCLUDING CAMPFIRES

13.1.4.1    This regulation does not apply to a fire in a  stove that uses a liquid, a gaseous, or a  briquet fuel; however, extreme caution must always be exercised when using these devices.

13.1.4.2    A person who lights a small fire shall observe the following conditions:

13.1.4.3    The fire shall be a safe distance from any combustible growth, debris, structures or objects.

13.1.4.4    An area should be cleared down to non-combustible material for not less than 1 metre in every direction from the perimeter of the fire.

13.1.4.5    A charged hose or containers, holding not less than 20 litres of water and a shovel shall be kept near the fire at all time.

13.1.4.6    The fire, including flames, shall not be more than 1 cubic metre.

13.1.4.7    The fire shall be completely extinguished before leaving so that the ashes and any unburned material are no longer warm when touched.

SUBSECTION 13.1.5    FIRE PERMIT (CLASS A)   

13.1.5.1    Regulations 13.1 and 13.1.7 of this Bylaw shall apply.

13.1.5.2    Conditions set forth on the fire permit shall be met.

13.1.5.3    Class "A" Fire Permits are required throughout the year as provided for in the "Environmental Management Act" and regulations thereto or any other provincial law or regulation.

13.1.5.4    Class "A" fires shall be a safe distance from any combustible growth, debris, structures or objects;

SUBSECTION 13.1.6    FIRE PERMIT (CLASS B)

13.1.6.1    Regulations 13.1 and 13.1.7 of this Bylaw shall apply.

13.1.6.2    Conditions set forth on the fire permit shall be met.

13.1.6.3    Class B fires shall not be larger than 2 metres x 2 metres x 2 metres or contain prohibited materials or material larger than 4" in diameter.

13.1.6.4    Class B fires shall be a safe distance from any combustible growth, debris, structures or objects.

SUBSECTION 13.1.7    FIRE SUPERVISION

13.1.7.1    Except with the oral or written permission of the Fire Chief, every open air fire  shall from the time it is ignited until it is completely extinguished, be supervised by a competent person, and shall be kept under control at all times.

SUBSECTION 13.1.8    WIND RESTRICTIONS

13.1.8.1    A person shall not light, fuel or make use of an open fire where there is a wind strong enough to cause sparks or other burning material to land in any combustible growth, debris, structure or objects in the vicinity.

SECTION 14.1    POWERED EQUIPMENT

SUBSECTION 14.1.1    GENERAL

14.1.1.1    The Fire Chief may regulate the operation of any equipment that may be hazardous during periods of High or Extreme fire danger.

SECTION 15.1    RESTRICTED AREA

SUBSECTION 15.1.1    GENERAL

15.1.1.1    Where, in the opinion of the Fire Chief, the safety of life and property in an area of the Gabriola Fire Protection District, is endangered through the hazardous condition of the forest cover or the occurrence or spread of a fire burning in any woodland or forest or any other area, the Fire Chief may, by an order in writing declare that area a 'Restricted Area', for such periods of time as the Fire Chief may deem necessary.

SECTION 16.1    RIGHT OF ENTRY

SUBSECTION 16.1.1    GENERAL

16.1.1.1    With the exception of a privately owned and occupied single or two family dwelling, except that portion that may be used in the carrying on of a cottage industry or commercial business, the Fire Chief may enter upon any land or premises for the purpose of an inspection or investigation relating to these Bylaws, the Fire Services Act, or the B.C. Fire Code.

16.1.1.2    No person shall obstruct the Fire Chief in the discharge of his duty under this Bylaw.

SECTION 17.1    LIABILITY

SUBSECTION 17.1.1    GENERAL

17.1.1.1    Any person who ignites an open air fire in violation of this Bylaw can be held liable for any costs incurred should the Fire Department have to be called out to control or extinguish said fire.

SECTION 18.1    PENALTY

SUBSECTION 18.1.1    GENERAL

18.1.1.1    Any person who violates any provisions of this Bylaw shall be liable, upon conviction, to a maximum penalty of $2,000.00 as authorized under the Offenses Act.

18.1.1.2    Where any violation continues, each day in which it continues shall be a separate violation for the purpose of prosecution under this Bylaw.

SECTION 19.1    BYLAW NO. 56

SUBSECTION 19.1.1    GENERAL

19.1.1.1    That the Gabriola Fire Protection Bylaw No. 56 cited as "Fire Regulations Bylaw 1996" passed by the Board of Trustees on the 9th Day of October 1996 and registered by the Inspector of Municipalities on the 2nd Day of December 1996 is hereby repealed in its entirety.

SECTION 20.1    BYLAW NO. 79

SUBSECTION 20.1.1    GENERAL

20.1.1.1    This Bylaw may be cited as "Fire Regulations Bylaw No. 79"

INTRODUCED and given first reading by the Trustees on the: 6th day of May, 2009

RECONSIDERED and finally passed by the Trustees on the: 8th day of July 2009


______________________________
Chairman of the Trustees
Mark Noyon


______________________________
Secretary of the Trustees
Paula Mallinson
                           
I hereby certify under the seal of Gabriola Fire Protection District that this is a true copy of Bylaw No 79 of Gabriola Fire Protection District, passed by the Trustees on the 8th day of July, 2009. 


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