Plain English Summary
This bylaw establishes the Town of View Royal Fire Department and outlines regulations for fire prevention, protection, and control. It affects all residents and property owners within the municipality. Key rules include the adoption of the British Columbia Fire Code, restrictions on open air fires and incinerators (with some exceptions for fireplaces, gas appliances, ceremonial burns for First Nations, and fire department training), regulations regarding flammable materials and ashes, and the authority of the Fire Chief to conduct inspections and order the removal of fire hazards. The bylaw also outlines penalties for violations, including fines and fees for the deployment of fire department resources to extinguish prohibited fires. The Fire Chief has the power to appoint fire department members and create rules for the department's operation. Amendments to the bylaw address ceremonial burns and penalty fees for illegal burning.
Legislative Timeline
Adopted 1992
Official adoption year of Bylaw No. 114
Document Outline
Town of View Royal Fire Services Bylaw No. 114
PART I - INTERPRETATION
- Citation
- Repeal of Previous Bylaw
- Adoption of British Columbia Fire Code Regulation
- Definitions
PART II - FIRE DEPARTMENT
-
Establishment of Fire Department and Fire Chief
- Responsibilities of the Fire Department
-
Authority of Fire Chief
-
Administration of Bylaw
PART III- INSPECTION OF PREMISES
- Entry for Inspection
PART IV - FIRE DEPARTMENT AUTHORITY
- Control and Assistance at Fires
PART V - FLAMMABLE MATERIALS
- Depositing Ashes
- Depositing Flammable Material Among Ashes
- No Open Flame or Smoking Near Flammable Material
- Metal Receptacles for Flammable Material
- Control of Combustible Material
PART VI - BURNING PROHIBITIONS AND EXCEPTIONS
- Burning Prohibitions
- Exceptions to Burning Prohibitions
PART VII - ENFORCEMENT
- Issuance of Order
PART VIII – PENALTIES AND FEES
- Penalties
- Fees
Schedule “A”
- Engines
- Truck Company
- Water Tender
- Brush Patrol
- Fire Fighters
Glossary
Full Text
TOWN OF VIEW ROYAL BYLAW NO. 114 As Amended by Bylaw No. 178, 1993; Bylaw No. 301, 1997; and Bylaw No. 660, 2007 CONSOLIDATED FOR CONVENIENCE ONLY A BYLAW TO ESTABLISH A MUNICIPAL FIRE DEPARTMENT AND TO REGULATE FIRE PREVENTION, PROTECTION AND CONTROL SERVICES The Municipal Council of the Town of View Royal, in open meeting assembled, enacts as follows: PART I - INTERPRETATION 1. This Bylaw may be cited as the “Town of View Royal Fire Services Bylaw, 1992, No. 114”. 2. View Royal Fire Protection District Bylaw No. 67, 1989 and all amendments thereto are hereby repealed. 3. The British Columbia Fire Code Regulation is hereby adopted and in force within the Municipality. 4. Definitions: In this Bylaw: “Ceremonial Burn” means any or all fires related to traditions adopted and recognized by the First Nations communities or as deemed appropriate by the Chief and Council of the Esquimalt and Songhees Nations; (Amendment Bylaw No. 660, 2007) “Council” means the duly elected Council of the Municipality; “Fire Chief” means the person appointed from time to time as the Chief of the Fire Department of the Municipality and an officer, member or inspector authorized in writing by the Fire Chief to act on his behalf; “Fire Code” means the British Columbia Fire Code Regulation made pursuant to the Fire Services Act; “Fire Department” means the Fire Department of the Municipality established by this Bylaw; “Garbage” means any animal, vegetable and food wastes or scraps; “Highway” has the same meaning as in the Municipal Act and includes a gazetted road which is not opened or improved; “Incinerator” means a constructed or prefabricated device or structure or container, including but not limited to a barrel or drum, used for the purpose of burning materials; (Amendment Bylaw No. 660, 2007) “Inspector” means a Fire Department member authorized in writing by the Fire Chief to act on his behalf; Fire Services Bylaw No. 114, 1992 Unofficial Consolidation Page 2 of 7 To March 6, 2007 “Member” means a member of the Fire Department; “Municipality” means the Town of View Royal; “Officer in Command” means the senior Fire Department member present; “Open Air Fire” means a fire out of doors, not contained in an incinerator; (Amendment Bylaw No. 660, 2007) “Owner or Occupier” means an owner or a tenant, lessee, agent, and any other occupant of premises to which this Bylaw applies; “Smoking” includes the carrying of a lighted pipe, cigar or cigarette; “Town Administrator” means the person appointed from time to time as the Chief Administrator Officer of the Municipality. PART II - FIRE DEPARTMENT 5. 1) The Town of View Royal Fire Department and the position of Fire Chief as the head of the department are established. 2) The Fire Department: a) is responsible for fire prevention, suppression and inspection in the Municipality; b) may provide assistance response to vehicle accidents or other incidents in the Municipality where: i) harm has been or may be caused to persons or property; and ii) the Fire Department has the required and sufficient equipment and trained personnel to provide assistance; c) shall respond when required to do so under any agreement between the Municipality and other jurisdictions. 6. The Fire Chief may: a) appoint persons as members of the Fire Department within the complement established by Council from time to time; b) make rules and regulations for the proper and efficient administration and operation of the Fire Department, and for the discipline of its members, and alter or repeal them from time to time as he thinks necessary. 7. The Fire Chief is hereby authorized to administer this Bylaw, and to report violations of the Bylaw to the Council, through the office of the Town Administrator. Fire Services Bylaw No. 114, 1992 Unofficial Consolidation Page 3 of 7 To March 6, 2007 PART III- INSPECTION OF PREMISES 8. Entry for Inspection: a) In addition to the powers conferred upon the Fire Chief in his capacity as a Local Assistant under the Fire Services Act, the Fire Chief or his Designate may enter, at all reasonable times, on any property subject to this Bylaw, to ascertain whether the requirements of this Bylaw and any orders issued pursuant to it are being observed and to carry out testing required by this Bylaw. b) The Fire Chief is authorized to inspect premises in the Municipality for conditions which may cause a fire or increase the danger of a fire, or increase the danger to persons from fire. c) The Fire Chief is hereby authorized to exercise the powers conferred upon the Fire Commissioner by Section 21, 22 and 23 of the Fire Services Act with respect to matters contained in this Bylaw. PART IV - FIRE DEPARTMENT AUTHORITY 9. Control and Assistance at Fires: a) The Fire Chief or the officer in command at a fire is authorized to order the demolition of a building or part of it in order to prevent damage to persons or property or the spreading of the fire. b) The Fire Chief or officer in command may require persons at or near fires to leave the area, and in the event of refusal to leave, may order the person removed by a police officer or member of the Fire Department. c) No person shall interfere with the prevention or suppression of a fire. d) No person shall prevent the entry of a member of the Fire Department into or upon any premises for which a fire alarm has been received or where that member has reasonable grounds to believe that there is a fire. PART V - FLAMMABLE MATERIALS 10. Depositing Ashes: No person shall deposit any ashes or allow any ashes to be deposited or remain: a) in any combustible container; b) on the floor of any building belonging to or occupied by him; or c) in any metallic container which is within 300 mm (12 inches) of any woodwork or any other combustible material. Fire Services Bylaw No. 114, 1992 Unofficial Consolidation Page 4 of 7 To March 6, 2007 11. Depositing Flammable Material Among Ashes: No person shall deposit, or allow or cause to be deposited, any paper, straw, hay, shaving, or other combustible or flammable material or thing in or among any ashes or other material or things taken from any stove, furnace, or fireplace. 12. No Open Flame or Smoking Near Flammable Material: No person in that part of any building where there is an accumulation of hay, straw, shavings, or other readily flammable material or liquids, shall smoke, or have in his possession any lighted pipe, cigar or cigarette, or light or carry any naked light, flame, or light not enclosed in a shade or other noncombustible guard. 13. Metal Receptacles for Flammable Material: No person shall keep any waste, rags, papers or cause other substances liable by spontaneous combustion to cause fire, except in a container made of metal or other noncombustible material and with an airtight top or lid of the same type of material. 14. Control of Combustible Material: 1) No person shall deposit or allow to collect or be deposited anywhere in the Municipality any paper, rubbish, or other combustible material likely to cause or promote fire dangerous to buildings or other property. 2) No owner or occupier shall allow or permit accumulations of waste paper, hay, grass, straw, weeds, litter or any other combustible waste or rubbish of any kind to remain upon any roof, court, yard, vacant lot, or other open space in, or about his premises. PART VI - BURNING PROHIBITIONS AND EXCEPTIONS (Amendment Bylaw No. 660, 2007) 15. No person may burn, either by open air fire or incinerator, any materials, including but not limited to debris associated with demolition or construction or from land clearing development, in the Municipality; (Amendment Bylaw No. 660, 2007) 16. Section 15 does not apply to: 1) Indoor residential fireplaces or woodstoves or solid fuel burning appliances; (Amendment Bylaw No. 660, 2007) 2) Outdoor gas-fired appliances; (Amendment Bylaw No. 660, 2007) 3) Outdoor appliances that use charcoal briquettes; (Amendment Bylaw No. 660, 2007) 4) Ceremonial burns on lands receiving the Municipality’s fire protection services under Esquimalt Indian Reserve Fire Protection Agreement Bylaw No. 192, 1994 and Songhees Indian Band Fire Protection Services Agreement Bylaw No. 336, 1998; or (Amendment Bylaw No. 660, 2007) 5) Fires for the purposes of training the Municipality’s Fire Department. (Amendment Bylaw No. 660, 2007) PART VII - ENFORCEMENT Fire Services Bylaw No. 114, 1992 Unofficial Consolidation Page 5 of 7 To March 6, 2007 17. Issuance of Order: a) When the Fire Chief or an inspector determines that: i) a provision of this Bylaw or the Fire Code has been either wholly or in part contravened; or ii) there exists a condition in a building or on property which constitutes a fire hazard or a hazard to life or property, he may order the owner or occupier to take steps to comply with the Bylaw or remove or remedy the condition which constitutes a hazard. b) The provisions of sections 22 and 23 of the Fire Services Act apply to an order made under this section. c) Service of an order under this Bylaw shall be effected by delivering it or by sending it by return registered mail to the last known address of the person to whom it is directed. PART VIII – PENALTIES AND FEES (Amendment Bylaw No. 660, 2007) 18. 1) A person who violates a provision of this Bylaw commits an offence and is punishable in accordance with the Offence Act, subject to a minimum fine of $100.00. 2) Each day that a violation continues shall be considered to constitute a separate violation for the purposes of this section. 19. 1) Notwithstanding Section 18, any person who violates Section 15 will also be required to pay a fee as prescribed in Schedule “A” for the deployment of Fire Department apparatus and personnel. (Amendment Bylaw No. 660, 2007) 2) A minimum of one (1) hour deployment fee will be charged. (Amendment Bylaw No. 660, 2007) 3) Any fees imposed under Section 19. 1) are due and payable within forty-five (45) days of invoice and, if not paid on December 31st of the year in which they are imposed, may be added to and form part of the taxes payable on the real property as taxes in arrears. (Amendment Bylaw No. 660, 2007) READ A FIRST TIME THIS 17th DAY OF March , 1992 READ A SECOND TIME THIS 17th DAY OF March , 1992 READ A THIRD TIME THIS 17th DAY OF March , 1992 ADOPTED BY COUNCIL THIS 7th DAY OF April , 1992 Fire Services Bylaw No. 114, 1992 Unofficial Consolidation Page 6 of 7 To March 6, 2007 Schedule “A” (Amendment Bylaw No. 660, 2007) Engines Minimum Requirements Types Structure Engines Wildland Engines 1 2 3 & CAFS 4 Pump 1000 GPM 500 GPM 120 GPM 50 GPM 825 IGPM 425 IGPM 100 IGPM 40 IGPM Water Tank 400 Gal. 400 Gal. 300 Gal 200 Gal. 325 IG 325 IG 250 IG 175 IG Hose 2 ½” 1200 Ft. 1000 Ft. - - Hose 1 ½” 400 Ft. 500 Ft. 1000 Ft. 300 Ft. Hose 1” 200 Ft. 300 Ft. 800 Ft. 800 Ft. Ladder 20 Ft. Ext. 20 Ft. Ext. - - Master Stream 500 GPM - - - Personnel 4 with SCBA 3 with SCBA 3 with SCBA 3 with SCBA Total $480/hour $400/hour $375/hour $275/hour Truck Company Minimum Requirements Types 1 2 Aerial Device 75 Ft. 50 Ft. Elevated Stream 500 GPM 500 GPM 425 IGPM 425 IGPM Ground Ladders 115 Ft. (Total) 115 Ft. (Total) Personnel 4 4 Total $679/hour $579/hour Water Tender Minimum Requirements Types 1 2 3 Pump 300 GPM 120 GPM 50 GPM 250 IGPM 100 IGPM 40 IGPM Water Tank 2000 Gal. 1000 Gal. 1000 Gal. 1600 IG 800 IG 800 IG Personnel 2 2 2 Total $297/hour $247/hour $222/hour Fire Services Bylaw No. 114, 1992 Unofficial Consolidation Page 7 of 7 To March 6, 2007 Brush Patrol Minimum Requirements Pump 15 GPM 12 IGPM Hose 1” 150 Ft. Tank 75 Gal. 60 IG Personnel 2 Total $172/hour Fire Fighters Fire Fighter Rates Total $30.50/hour/person Glossary Ft. – Feet Ft. Ext. – Foot extension Gal. – Gallon GPM – Gallons per minute IG – Imperial gallon IGPM – Imperial gallons per minute SCBA – Self-contained breathing apparatus