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THE CORPORATION OF THE TOWNSHIP OF LANGLEY

FIRE PREVENTION BYLAW 2005 NO. 4410

AMENDMENT BYLAW 2009 NO. 4766

EXPLANATORY NOTE

This Bylaw repeals and replaces Fire Prevention Bylaw 2005 No. 4410 by deleting ScheduleA Fees and Charges Cost Recovery and other housekeeping amendments. The primaryfocus is to regulate fire prevention and suppression, specifically dealing with fire risks,alarms, hazardous activities, fire emergency planning, signage, egress, flammable andcombustible liquids, fire hydrants and connections, open air burning, fees and costs, andenforcement.

All references to Fees and Charges pertaining to fire prevention can now be found in theLangley Fees and Charges Bylaw.


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THE CORPORATION OF THE TOWNSHIP OF LANGLEY



WHEREAS both the Community Charter, S.B.C. 2003 chp. 26 and the Fire Services Act,R.S.B.C. 1996 chp. 144 provide for municipal councils to establish services to prevent andsuppress fires, as well as other powers relating to hazards, dangerous conditions and publicsafety;

AND WHEREAS the Council of the Township of Langley deems it necessary and desirable toprovide for fire suppression and prevention services as well as other services in the interests ofpublic safety;

NOW THEREFORE, the Municipal Council of the Corporation of the Township of Langley, inOpen Meeting Assembled, ENACTS AS FOLLOWS:

PART I - INTRODUCTION

Title

1. This Bylaw may be cited for all purposes as Fire Prevention Bylaw 2005 No. 4410Amendment Bylaw 2007 No. 4766.

Definitions

2. In this Bylaw all words and phrases shall be construed as having their ordinary meaningexcept those words and phrases defined in accordance with the current B.C. BuildingCode, the Fire Services Act, R.S.B.C. 1996 chp. 144 or the B.C. Fire Code, as thecontext and circumstances may require.

3. The following words and phrases shall have the meanings hereby assigned,

Agricultural Land Reserve meansagricultural land designated as an agricultural land reserveunder any current provincial statute and includes an agricultural land reserve under aformer provincial statute;

B.C. Building Codemeans the current Building Code for the Province of British Columbiaadopted by regulation under the Local Government Act, section 692 and any successorlegislation;


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Fire Prevention Bylaw No. 4766Page 2

B.C. Fire Codemeans the National Fire Code of Canada 1995" as adopted by BritishColumbia by Regulation 318/2003 of the Fire Services Act, R.S.B.C. 1996, chp. 144, andamended from time to time;

Council means the locally elected council of the Corporation of the Township of Langley;

emergency access route means a private drive, roadway, driveway, lane or portion of a yardwhich has been provided for access by the Fire Department equipment in accordancewith section 3.2.5.6. of the B.C. Building Codeand applicable sections of the Townshipof Langleys Subdivision and Development Control Bylaw 1994 No. 3335 and anysuccessor legislation.

false alarm means any activation of an alarm system, done intentionally or unintentionally,including activation by malfunction of the alarm system which causes the unnecessaryresponse of the Fire Department;

fee means any of the fees described and listed in the Township of Langley Fees and ChargesBylaw;

Fire Chief means the person appointed by Council to be in charge of the Protective ServicesDivision and in their absence their designated alternate;

Fire Department means that section of the Protective Services Division of the Township that isresponsible for prevention, suppression, control and extinguishment of fires as well as

other responsibilities set out in this Bylaw as well as in the Langley Fire DepartmentEstablishment Bylaw 1990 No. 2615 and other related regulations and legislationrelating to rescue operations and public safety;

Fire Department Connection means a connection through which the Fire Department canpump water into the standpipe system and/or sprinkler system;

incident means any event to which Members of the Fire Department are called out to attend orto which they respond.

Movie/TV Pyrotechnics means any low or high hazard fireworks utilized at a movie ortelevision production;

Member means any person that is an employee or paid-call fire fighter with the FireDepartment;


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Occupant includes the registered owner and any lessee, tenant and licensee of any building orpremises;

Officer means those members of the Fire Department who are the Fire Chief, District Chiefs,Assistant Chiefs, Fire Prevention Officers, Public Educators, Fire Training Officers, FireInspectors, Captains and Lieutenants;

Township means The Corporation of the Township of Langley.

Adoption of the B.C. Fire Code

4. The B.C. Fire Codeis hereby adopted and made part of this Bylaw and shall beapplicable within the Township.

5. In the event of any inconsistency between the provisions of this Bylaw and theprovisions contained in a statute or regulation enacted by the Government of theDominion of Canada or the Province of British Columbia, the more restrictive provisionsof those statutes or regulation shall apply.

6. Nothing in this Bylaw shall be construed to mean that either the Fire Department or anyOfficer or Member of that Fire Department has a duty to perform any of the functions ortasks set out in this Bylaw.

Limits of Jurisdiction

7. The geographical limits of the jurisdiction of the Fire Department shall be the area withinthe boundaries of the Township, and no apparatus of the Fire Department shall be usedbeyond the boundaries of the Township unless the Township has:

(1) entered into a Mutual Aid Agreement for that purpose;

(2) obtained the consent of the affected local government under Section 13 of theCommunity Charter; or

(3) agreed to provide assistance in a provincial local emergency within BritishColumbia or Canada.


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PART II PREVENTION, CONTROL AND ENFORCEMENT

8. The Fire Department may take all necessary measures for the prevention, suppression,

control and extinguishment of fires, for mitigating the effects of dangerous goodsincidents and for the protection of life, property, and the environment including rescueoperations and the administration of first aid.

Right to Enter

9. The Fire Chief or any other Member in charge at an incident is empowered to enter,pass through or over buildings or property and to cause any apparatus or equipment ofthe Fire Department to enter, as the Member deems necessary, upon any lands,structure, and buildings, for the purpose of attending to any fire, medical or otheremergency.

Commandeering of Equipment

10. An Officer or any Member in charge at an incident is empowered to commandeerpersonnel and privately-owned equipment which is considered necessary to deal with anincident.

Hindrance

11. No person shall impede or hinder in any way an Officer or Member in the execution oftheir duties or any other person under the direction of an Officer or Member in charge atan incident and, without limiting the generality of the foregoing, no person shall refuse to

permit any Member to enter into or upon any premises from which a fire alarm has beenreceived or in or upon which the Member has reasonable grounds to believe that anincident has occurred or may occur.

12. An Officer or any Member in charge at an incident may establish limited entry areas inthe vicinity of the fire, emergency or incident, and no person shall enter that area withoutthe permission of the Officer or Member in charge.

13. A person shall not falsely be represented as a Member, nor wear or display any FireDepartment badge, cap, button, insignia or other paraphernalia for the purpose of such

false representation.

14. No person shall stand, walk on, or drive over a charged Fire Department hose or bewithin 10 metres of a charged hose line.


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General Conduct

15. Every person at or near a fire, emergency, or other incident shall:

(1) comply with the orders or directions of any Member; and

(2) provide any information that person may have relating to the incident to any

Member who requests that information.

16. No person other than a Member shall ride on any fire truck or other Fire Departmentvehicle or apparatus at any time unless authorized by the Fire Chief.

Addresses

17. An individual address must be placed on every new or existing building or structure insuch a position as to be plainly visible and legible from the street, road, fire lane,emergency access route or other right of way or easement and at the front of thestructure and must meet the following minimum criteria:

(1) the address must be legible from a distance of fifteen (15) metres;

(2) the letters or numbers of any addresses shall be a minimum of five (5) inches inheight and no less than half an inch (" inch) in width; and

(3) the letters or numbers shall be of a colour in contrast with any background colourof the building or structure.

PART III FIRE RISKS

Rubbish, Debris and Other Fire Hazards

18. Whenever any flammable, combustible or explosive material or any accumulation ofwaste materials or refuse of a nature liable to catch fire is situated as to endanger life orproperty, or to obstruct ingress or egress from a building, or where a condition existswhich is considered by an Officer to be a fire hazard, the Occupant of the property,premises or building shall forthwith, on the order of the Officer, have such substance oraccumulation or condition removed. . If not complied with, the Fire Chief or designate,may cause the work to be completed and bill the Occupant of the property, premises orbuilding on a cost recovery basis.

Chimneys and Heating Appliances

19. All chimneys, smokestacks or similar devices for conveying smoke or hot gases to the

outer air and the stoves, furnaces, fire boxes or boilers to which they are connected shallbe maintained in accordance with the B.C. Fire Code.


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Demolition

20. An Officer or any Member in charge at an incident shall have authority to cause thedemolition of any building or part of a building which, in that Member's judgment, shouldbe demolished in order to prevent the spread of fire or to prevent damage to property,injury to persons or loss of life.

21. When a building equipped with a sprinkler system is being demolished, the system shallbe maintained in operation subject to sequential elimination, until demolition work iscompleted.

Fires

22. No person, except an Officer or Member or an employee of the Township in the courseof their employment, shall make or light any fire in any highway, road allowance, street,

lane, square, park or other public place within the Township, except as so authorized bythe Fire Chief.

23. No person shall discard, throw down or drop any lighted match, cigar, cigarette or otherburning substance into combustible material or in close proximity thereto.

Fire Extinguisher

24. The owner of every business shall provide and maintain in good working order anapproved number of portable fire extinguishers, available and accessible foremergency use. The fire extinguisher must comply with NFPA 10 and ULC

listing.

Fire Damaged Building

25. The Occupant of a fire-damaged building shall ensure that the premises are guarded orthat all openings of the buildings are kept securely closed and fastened so as to preventthe entry of unauthorized persons.

26. If the Occupant of a fire-damaged building fails to provide the necessary security to thebuilding, then an Officer may have the work performed at the expense of the Occupant,

on a cost recovery basis.

Inspection of Premises

27. No person shall obstruct or interfere with any Officer or Member designated by the FireChief while they are carrying out any inspection pursuant to this Bylaw, the B.C. FireCodeor the Fire Services Act.


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28. Every Occupant of property, premises or building shall provide all information and shallrender all assistance required by an Officer or Member in connection with the inspectionof such property, premises or building pursuant to this Bylaw, the B.C. Fire Codeand theFire Services Act, R.S.B.C. 1996, chp. 144.

29. No person shall purposely withhold or falsify any information required by an Officer orMember in connection with a permit issued under this Bylaw or refuse to assist in thecarrying out of any inspection pursuant to this Bylaw, the B.C. Fire Codeor the FireServices Act, R.S.B.C. 1996, chp. 144.

30. An Officer or any Member may at any time enter any property, premises or building toinspect it and ascertain if it is:

(1) in a state of disrepair that a fire starting in it or on it might spread rapidly toendanger life or other property;

(2) so used or occupied that fire would endanger life or property;

(3) combustible or explosive materials are being kept or other flammable conditionsexist so as to endanger life or property; and

(4) a fire hazard.

PART IV ALARMS

Fire and Sprinkler Alarms

31. Every Occupant of property, premises or buildings where there is an automatic firesprinkler system or a fire alarm system shall notify the Fire Department prior to anyservice, test, repair, maintenance, adjuster, alteration or installation of the system which

might activate a false alarm, which would normally result in an emergency response.

32. Every Occupant of property, premises or buildings shall ensure the fire alarm andsprinkler systems are maintained and tested in conformance with the B.C. Fire Codeandits regulations.

33. Records of service testing and maintenance of a fire alarm or sprinkler system must beretained on site by the Occupant.

34. When an Officer or a Member attends property, premises or buildings where a fire alarmsystem or a sprinkler system has been activated without proper cause, the Occupantand or building manager of the premises shall immediately correct the deficiencies to thefire alarm system and sprinkler system.


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Fire-watch

35. The Occupant or Occupants agent of an occupied public building in which any of the firealarm system, sprinkler system, or emergency power system is not operating shallinstitute and maintain in that building a fire watch in accordance with section 41 until thatsystem is in operation.

36. A fire-watch shall include all of the following activities:

(1) posting of written notices at all entrances and exits on each floor stating that afire watch is in effect and its expected duration;

(2) a physical inspection of all public areas equipped with a fire alarm detectiondevice;

(3) notation in an entry book at least every hour of the conditions in the building bythe person or persons performing the fire watch;

(4) provision on site of a communications device capable of making a 911 call; and

(5) posting of instructions in the building as to the alternate actions to be taken in the

case of an emergency.

Smoke Alarms

37. Every Occupant of a building, premise and dwelling units shall ensure that smoke alarmsare installed and maintained in every dwelling unit and in each sleeping room not withina dwelling unit, except for an institutional occupancy required to have a fire alarmsystem.

38. Every Occupant must ensure that all smoke alarms in their building, premises anddwelling units are in working order.

39. Smoke alarms required pursuant to this Bylaw shall conform to CAN/ULC-S531-M87Standard For Smoke Alarms as amended and shall be installed and maintained inconformance with CAN/ULC-S533-M86 Standard as amended for the Installation ofSmoke Alarms, and smoke alarms required for motels, hotels, boarding houses, roominghouses and dormitories shall in addition be installed in accordance with the B.C. BuildingCode.

Contact Persons

40. The Occupant of a property, premise or building having either a fire alarm system or an

automatic fire sprinkler system, monitored or non monitored, is required to establishcontact persons by submitting on a form approved by the Fire Chief, yearly or on achange in reference contacts, the names and phone numbers for not less than twopersons (contact persons) who will be available to attend, enter and secure theproperty, premise or building. The form, which can be obtained from the FireDepartment, must contain the written consent of the persons who are to act as contactpersons.


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41. Failure to provide names and phone numbers of contact persons may result in a chargebeing levied against the Occupant for any standby time at the property, premise orbuilding where an alarm has resulted and the Fire Department have attended.

42. Contact persons must attend all alarms within 45 minutes when requested by FireDepartment and must attend to secure the building or premises and when appropriate,release Members and fire suppression equipment from the incident.

43. Failure of a notified contact person to respond within the specified time may result incost recovery for standby time.

44. During a fire incident, a contact person must attend the scene, and contact the incidentcommander on scene.

45. Any changes to designated contact persons or their phone numbers during the currentyear must be submitted to the Fire Department on the specified form as approved by theFire Chief.

46. Contact persons must have full access to the property, premises or building of whichthey have responsibility and be able to take control of the property, premises or buildingon completion of the incident from Officer.

PART V - HAZARDOUS ACTIVITIES

47. Where the Fire Chief is made aware of an activity or situation which, in the opinion of theFire Chief, is hazardous to life or property, the Fire Chief may:

(1) require that a fire-watch in accordance with section 41 be provided by theOccupant of any lands or buildings where that activity or situation is occurring;

(2) order that the activity by stopped;

(3) require that the activity be carried out only in compliance with a permit issued bythe Fire Chief;

(4) evacuate the lands or buildings until such time as the hazard to life or propertyhas been rectified; and

(5) order the Occupant to remove the hazard in a manner approved by the FireChief, in default of which the Fire Chief may have the hazard removed at theOccupants expense.


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Explosives/Hazardous Materials

48. Every Occupant of a property, premise or building and the owner of a motor vehicle,vessel or railway rolling stock, must report immediately to the Fire Chief when anexplosion, discharge, emission, escape or spill of a hazardous substance occurs, andsimilarly to report to the Fire Chief where the potential for an explosion or a discharge,

emission, escape or spill of a hazardous substance exists.

Movie/ TV Pyrotechnics

49. Before commencing any commercial filming where pyrotechnics are to be used, anauthorization must be obtained from the Fire Chief respecting the number of Membersand Fire Department equipment and other appropriate life safety and emergencyresources that the Fire Chief deems necessary to be on standby on the particular dayand time planned for the filming.

50. The Fire Chief shall calculate the abovementioned resources based on the following

factors:

(1) the time of day, week and year when the explosions will occur;

(2) the number and size of explosions;

(3) whether low or high hazard fireworks will be utilized;

(4) the light and noise that is expected to be created by the explosions;

(5) the proximity of the filming to residents and commercial enterprises; and

(6) any risks to life and property that are anticipated may occur.

51. The Fire Chief shall charge a fee based on a calculation of the Fire Departmentresources utilized or placed on standby for the commercial filming, at the rates and feesset out in Schedule A, attached hereto and forming a part of this Bylaw.

PART VI FIRE EMERGENCY PLANNING

Fire Safety Plan

52. All buildings, sites, storage areas or other areas shall have a Fire Safety Plan asrequired by the B.C. Fire Code, section 2.8.2 Fire Safety Plan, and such Fire SafetyPlan shall be produced and submitted to the Fire Department for approval.

53. All Fire Safety Plans shall be submitted in the form and on the diagram templateacceptable to the Fire Chief, including all revisions to the original Fire Safety Plansubmitted.

54. All Occupants of property, premises and buildings where a Fire Safety Plan is requiredshall review their Fire Safety Plan annually and submit updated plans to the FireDepartment for review.


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Pre-Incident Planning

55. The Fire Chief may establish a Pre-Incident Plan program which will apply to thoseclasses of buildings and premises specified by the Fire Chief.

56. Advanced notice of the establishment of this program and the class or classes ofbuildings or premises to which it applies shall be published in a newspaper once perweek for two consecutive weeks not less than thirty (30) days prior to the programcoming into effect.

57. If such a program is established, all Occupants of buildings and premises within theclass specified by the Fire Chief shall submit a Pre-Incident Plan including a diagram oftheir occupancy.

58. All Pre-Incident Plan submissions shall conform to a specified form as approved by theFire Chief. Each drawing or diagram shall be submitted in an electronic formatcompatible with software at the Township. All elements within the diagram shall beidentified in accordance with standards or symbols established from time to time by theFire Chief.

59. Pre- Incident Plans must be reviewed by all Occupants at intervals not greater thantwelve (12) months and updated as necessary for changes to the occupancy or thestorage or change in hazardous materials or dangerous goods.

60. An Officer on a scheduled fire inspection shall assess the current Pre-Incident Plan andshall notify the Occupant of any required changes or updating of the Pre-Incident Plan.

61. Any Pre-Incident Plans not submitted or not revised when necessary which results in anOfficer preparing the Pre-Incident Plan for an Occupant, may be charged the hourly rateand other administrative expenses based on the fees and rates set out hereto inSchedule A, which may be charged to the Occupant on a cost recovery basis.

PART VII SIGNAGE

Smoking Signage

62. Every Occupant of an area inside a building and premises where combustible liquids arestored, received, or dispensed shall post adequate "NO SMOKING" signs inconspicuous places on the premises.

Elevator Signage

63. Every Occupant of a building which is equipped with a passenger elevator shall have asign displayed directly above the call button on each floor thereof containing the words:


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"In case of fire, use exit stairway. Do not use elevator." The dimensions of each suchsign shall not be less than 75 mm by 130 mm.

Signing Pull Stations

64. Every Occupant of a building not equipped with a fire alarm system which iscontinuously monitored by an approved monitoring agency shall have a permanentlymounted sign at each manual fire alarm pull station reading:

LOCAL ALARM ONLY - IN CASE OF FIRE TELEPHONE 9-1-1

65. The dimension of each such sign shall be not less than 50 mm by 100 mm onpermanent red and white, or white on red plastic lamacoid or equivalent material.

Identification of Floors

66. Every Occupant of every building having three (3) or more stories shall display a sign ateach floor level, in each stairwell thereof, and conspicuously located therein, identifyingeach floor level and stairway.

PART VIII EGRESS

Exit Doors

67. Every Occupant of a building and premise shall:

(1) keep the exit doors in good operating condition and repair;

(2) ensure the exit doors comply with the B.C. Building Code; and(3) ensure that the exit doors open freely without any special knowledge.

Fire Doors or Fire Separation Devices

68. Where fire doors or fire separation devices are installed in any building to prevent thespread of fire within such building, such doors or devices shall at all times be kept andmaintained in good operating condition and repair.


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Emergency Access Route

69. To allow for the access of emergency vehicles, all emergency access routes are to beunobstructed at all times, including but not limited to fences, hedges, trees, vegetation,structures, or vehicles.

70. During construction phases all emergency access routes shall be unobstructed and havea surface condition suitable for the access of emergency vehicles.

71. All emergency access routes shall be maintained in accordance with the B.C BuildingCodeand the B.C. Fire Code.

72. Removable bollards or bicycle baffles may be installed to prevent common use ofemergency accesses routes. The design and installation of the bollards and bafflesmust conform to the specifications set out in the Township of Langleys Subdivision and

Development Control Bylaw1994 No. 3335.

73. Primary or Secondary emergency access routes, when secured by gates, bollards,chains or other approved, removable assemblies, shall have a permanently mountedsign on each side of the obstruction of a size no less than 60 cm by 75 cm, reading:

EMERGENCY ACCESS ONLY, ABSOLUTELY NO PARKINGBy Order of the Township of Langley Fire Department.

Fire Lanes

74. Open fire lanes must be clearly marked by the use of approved permanent signage or bythe use of approved highway painting of lines and works. Marking to read:

FIRE LANE - NO PARKING;

and size and colour of these markings/signs to be approved by the Fire Department priorto installation.

PART IX - FLAMMABLE AND COMBUSTIBLE LIQUID

75. At no time shall a person store more than 22.73 litres (5 gallons) of a flammable orcombustible liquid in a portable container on any residential property of less than one (1)

acre, unless such storage relates solely to the servicing of ground maintenanceequipment including but not limited to lawnmowers, garden tractors and rototillers.Flammable or combustible liquids shall be stored in accordance with the BC Fire Code,Section 4.2.3.

76. Flammable and combustible products must not be stored in underground parkadesunless contained in a room specifically designed for such storage.


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Propane Dispensing Facilities

77. The dispensing, fueling, filling, re-fueling or refilling of propane bottles, cylinders orcontainers of any type shall only be carried out at facilities at service stations,recreational vehicle centres and industrial locations which have been inspected andlicensed by the B.C. Safety Authority and where a person licensed by the B.C. Safety

Authority to dispense propane is in attendance.

78. Propane shall not be dispensed in single or multi-family residential areas.

79. Every person obtaining an inspection of propane facilities by the Fire Department asrequired by the B.C. Safety Authority shall pay the rates and fees as set out in ScheduleA hereto, on a cost recovery basis.

PART X FIRE HYDRANTS AND CONNECTIONS

80. All Fire Department connections shall be subject to Section 6.4.1.7 of the B.C. FireCode.

81. All fire hydrants, both Township and private, shall be of a type approved by the FireChief and the Engineering Department of the Township and painted standard Townshipcolours for fire hydrants: red with white caps.

82. All fire hydrants shall be free of all obstructions to at least one (1) metre in all directions.

83. Unauthorized attachments found on any fire hydrants or standpipe systems may beremoved by the Fire Department.

84. The owner of every building which is equipped with a sprinkler system shall install a firehydrant within forty-five (45) metres of each Fire Department connection to the sprinklersystem.

85. Except for Township employees acting within the scope of their duties, no person shallmake use of standpipes or fire hydrants without first obtaining a permit from theTownships Engineering Department.

86. No person shall obstruct or otherwise interfere with access roads or streets or otherapproaches to any fire incident, fire hydrant, cistern or body of water designated for firefighting purposes.

Private Fire Hydrants

87. Owners or their agents of fire hydrants located on private property and designated forfire fighting purposes shall service and maintain all fire hydrants annually to ensure theyare capable of providing the flow and pressure of water for which they were designed.


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88. A copy of the annual service record for all private fire hydrants shall be submitted to theFire Prevention Division, Fire Department no later than December 31 of each calendaryear.

89. The Fire Department must be advised of any construction, servicing or repairs of firehydrants located on private property that may detrimentally affect the functioning of thefire hydrant such as to reduce water volumes or pressure or temporarily disabling the firehydrant or other affect fire safety.

PART XI OPEN AIR BURNING

Burning Permits

90. Except as hereinafter specifically provided, no person shall light, ignite, start or burn anyfire in the open air or in any portable incinerator, outdoor fireplace, oven or other

portable appliance or device in the open air for any purpose without first obtaining aburning permit issued by the Township.

91. There are three types of burning permits:

(1) an Outdoor Burning Permit in the form and substance in Schedule A, attachedhereto and forming a part of this Bylaw;

(2) a Land Clearing Permit the form and substance in Schedule B attached heretoand forming a part of this Bylaw; and

(3) a Special Burning Permit in the form and substance in Schedule C attachedhereto and forming a part of this Bylaw.

(collectively known as burning permits)

92. A fee to cover administration costs shall be charged for every burning permit inaccordance with the Langley Fees and Charges.

93. No burning permits shall be issued or burning allowed in industrial, commercial, multi-family, institutional and public assembly areas unless the fire is contained within anincinerator approved by the Greater Vancouver Regional District.

94. No person shall start or maintain a fire upon the land of another without permission ofthe land owner or their agent.

95. Burning permits shall not be transferable and must be must be kept readily available forinspection at the burning site.


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96. All open air burning must be done in conformance with the requirements of theEnvironmental Management Act, R.S.B.C. 2003 chp. 53 or its successor legislation andthe Greater Vancouver Regional District regulations and bylaws.

Exceptions

97. The following types of open air fires may be lighted, ignited, started, burned andmaintained at any time without a burning permit and are excluded from the regulations ofthis Bylaw:

(1) charcoal, natural gas or propane fires contained within Canadian StandardsAssociation approved appliances for the sole purpose of cooking food; and

(2) fires ignited by a Member for the purpose of training Fire Department personnelin structural fire fighter methods, fire investigation procedures or for the purposeof elimination of hazards.

Outdoor Burning Permit98. Outdoor Burning Permits are available and open air burning is permitted only during the

periods of the April 1 to April 30 (Spring) and September 15 to October 30 (Fall).

99. An Outdoor Burning Permit issued by the Township is only valid for the year and seasonwithin which it is issued, Spring or Fall.

100. An Outdoor Burning Permit may only be issued to a person in the followingcircumstances and conditions:

(1) to a person who owns the property on which the outdoor fire will occur or whohas the written authority to light, ignite, start or burn a fire on the property fromthe owner of the property;

(2) the property is a minimum .2 hectare (.5 acres) in size and the neighbouringproperties are predominantly equal or greater in size;

(3) the fire will only burn indigenous material from the property on which the fire willoccur;

(4) the indigenous material to be burned is less than 10 cubic metres per hectare permonth (4 cubic metres per acre per month);

(5) a minimum clearance of fifteen (15) metres is provided from structures andproperty lines if the fire is contained in a non-combustible container and the

clearance provided between structures and property lines;

(6) the indigenous material to be burned is piled by hand and does not exceed 5cubic metres (2m x 2m x 1.2m) at any time during the fire;

(7) the person applying for the Outdoor Burning Permit agrees to be responsible forthe fire and shall constantly watch over, manage and care for such fire and shallobserve every reasonable precaution to prevent the open fire from spreading orfrom ashes or smoke becoming a nuisance;


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(8) a hose connected to a pressurized water supply and of sufficient length to reachthe fire is readily available to extinguish or restrict the fire size; and

(9) the fire is extinguished by dusk.

Land Clearing Burning Permit101. A Land Clearing Burning Permit, as set out in Schedule B hereto, may only be issued

to a person in the following circumstances and conditions:

(1) to a person who owns the property on which the land clearing fire will occur orwho has the written authority to light, ignite, start or burn a fire on the propertyfrom the owner of the property;

(2) the material to be burned is indigenous to the property such as piled brush,slash, grass, or other organic or agricultural materials originating on thatproperty;

(3) the property is not less than 2.02 hectares (4.2 acres) in size or consolidated

properties of greater than 2.02 hectares (4.2 acres);(4) a forced combustion air supply may be required, of not less than 4,700 cubic

metres (18,000 cubic feet) per minute, to accelerate the burning to minimize theimpact of smoke or ashes on neighboring properties;

(5) a watch is maintained on the fire until it is completely extinguished with sufficientpersonnel, appliances and equipment to prevent the fire from becomingdangerous to life or property;

(6) burning shall not be carried out within a hundred (100) metres from anyneighbouring residences and businesses and five hundred (500) metres fromschools in session, hospitals and facilities used for continuing care;

(7) the size of the pile to be burned shall determined by the Fire Chief, with theintention of reducing the fires impact on neighbours;

(8) the fire should only be started when the Ventilation Index is good in accordancewith the Open Burning Smoke Control Code of Practice and the permit holdermay acquire this information from the Greater Vancouver Regional District (604-436-6777);

(9) no burning shall be carried out when, due to climatic conditions or other hazards,it would be unsafe to do so; and

(10) any other conditions not listed here may be added to the permit upon issuance ifthe Fire Chief deems any necessary because of the propertys location, size,amount of material to be burned, time of year and the weather.

Special Burning Permit

102. A Special Burning Permit, as set out in Schedule C hereto, may only be issued to aperson in the following circumstances and conditions:

(1) the purpose of the fire is agricultural in nature, to eradicate grass, weeds,damaged or diseased crops or pests; or

(2) the fire is part of a religious or ceremonial event where responsible adults will beattending with adequate knowledge and assistance to react quickly; and


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(3) the time of day and day of the week when the fire will occur does not create anunreasonable burden on the Fire Department should the fire get out of hand;

(4) the fire should only be started when the Ventilation Index is good in accordancewith the Open Burning Smoke Control Code of Practice and the permit holdermay acquire this information from the Greater Vancouver Regional District (604-

436-6777); and(5) any other conditions not listed here may be added to the permit upon issuance if

the Fire Chief deems any necessary because of the propertys location, size,amount of material to be burned, time of year and the weather.

Camp Fire Permit

103. The Fire Chief may establish a permit program for camp fires, providing that suchburning shall only be carried out in the following circumstances:

(1) only in authorized campgrounds holding a valid and subsisting business license;

(2) the size of the pile to be burned does not exceed 60 cm (23.5 inches) in widthand 50 cm (19.5 inches) in height;

(3) the material to be burned may only be dry wood, branches, twigs, and pinecones;

(4) the campfire is set and maintained solely for the purposes of cooking food,providing warmth and recreational enjoyment;

(5) the campfire is contained within an approved campfire pit as described inSchedule D hereto and forming a part of this Bylaw; and

(6) any applicable fee has been paid and inspection completed by the FireDepartment.

Demolition Burning

104. The burning of construction or demolition materials is prohibited unless authorized inwriting by the Greater Vancouver Regional District.

Prohibited Materials

105. No person shall burn in the open air, or in any type of enclosed container:

(1) any rubber tires, oil, tar, asphalt, shingles, battery boxes, plastic materials or anyother materials that would produce heavy smoke;

(2) residential household waste;

(3) any waste material from construction sites;

(4) any noxious, explosive, corrosive or toxic material, pesticide or herbicide;

(5) any animal carcass, hides, manure or parts or combinations thereof; and

(6) any materials which are not indigenous (natural growth and vegetation) to thesite where the burning occurs.


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106. No person shall transport material of any type into the Township from outside theTownship with the intention of burning such material.

107. The use of tires and liquid petroleum based products as fire starters is prohibited.

Suspension of Burning Permits

108. The Fire Chief may order a total ban on open air burning and may suspend, cancel orrestrict for such time as deemed necessary any or all burning permits issued pursuant tothis Bylaw or the Forest Act, R.S.B.C. 1996, chp. 157 within the Township

109. Officers are hereby authorized and empowered to suspend or revoke any burning permitunder this Bylaw where it is determined that the holder of the burning permit has doneanything which contravenes any provision of this Bylaw, the Fire Services Act, R.S.B.C.1996, chp. 144 and any regulations thereto.

PART XII FEES AND COSTS

Re-Inspections

110. Where a violation under the B.C. Fire Code, Fire Services ActR.S.B.C. 1996, chp. 144or this Bylaw are observed upon inspection of a premise, property or building, an Officermay issue an order requiring that the violation be removed or corrected within aspecified time period and advising of a return date for a re-inspection. If upon re-inspection, the order has not been complied with and the violation not corrected, theOccupant of the premises shall be responsible for paying the costs of the re-inspectionand any subsequent re-inspections at the rates and fees set out hereto in Schedule A.

Cost Recovery

111. The Fire Department is authorized to charge for the use of fire services, auxiliaryequipment and personnel to an Occupant of any property where the Fire Departmentprovides a service in the following circumstances:

(1) a fire is willfully set that must be brought under control by Fire Department;

(2) an incident that arises as a result of or in connection with the commission of anindictable offence under the Criminal Code of Canada, that must be broughtunder control by the Fire Department;

(3) when the Fire Department responds to an incident where inside the structure,

vehicle or building the Occupant is or has been growing, manufacturing, creatingor concocting illegal drugs;

(4) for every incident where damage is in excess of $5,000 and for which a fireinvestigation and fire investigation report must be completed by an Officer inaccordance with the Fire Services Act, R.S.B.C. 1996, chp. 144;

(5) where a special event is held, including but not limited to, rave parties, largeconcerts or other large gatherings of people and Members are required toconduct inspections, provide standby time, use equipment and other fire


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protection services because of the special event, whether before, after or duringthe special event;

(6) specialized equipment from another local government, senior level ofgovernment or source is utilized, called out or requested by the Fire Department,and the Township is subsequently charged for the use of the specialized

equipment;(7) where contamination or damage occurs to Fire Department equipment while

attending an incident at a property as a result of the presence of a hazardoussubstance or dangerous good on that property;

(8) burning of any material without a required burning permit results in the FireDepartment attending for fire services;

(9) a burning permit was issued to the Occupant but since commencement of thefire, the Fire Department has directed that the fire be extinguished and theOccupant refuses to do so resulting in the Fire Department extinguishing the fire;and

(10) a fire education lecture, fire extinguisher demonstration or any other trainingrelated to fire and life safety education.

112. Failure to pay fees and charges for cost recovery of Fire Department time andequipment, including equipment replacement shall result in such costs being applied tothe property taxes of the property. If unpaid after December 31 of any calendar year,such unpaid fees and charges accrue interest and are recoverable in the same manneras property taxes.

PART XIII ENFORCEMENT

113. The Fire Chief, Officers and Members may enforce the B.C. Fire Codeand anyTownship bylaws and regulations, including this Bylaw, for the prevention andsuppression of fires, to the extent and utilizing the methods that they deem necessary.

114. Any person who contravenes any of the provisions of this Bylaw may be subject to finesspecified in the Townships Bylaw for municipal tickets as authorized under Part 8,Division 3 of the Community Charter, S.B.C. 2003, Chap. 26.

115. Any person who contravenes any of the provisions of this Bylaw may be prosecutedunder the Offence Act, R.S.B.C. 1996, chp. 338 and if found guilty of an infraction may

be charged a fine of not less $2,000 and not more than $10,000 and in the case of acontinuing offence, for each day that the offence continues shall be a separate fine ofnot less than $2,000 or more than a fine of $10,000.

116. Any person who contravenes any of the provisions of this Bylaw, in addition to any otherpenalty provided for pursuant to this Bylaw, shall be liable to the Township for the cost offighting any fire which causes damage to lands or property as a result of such


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contravention, and the same may be recovered by action in any Court of competentjurisdiction at suit of the Township.

117. Any person who contravenes any of the provisions of this Bylaw may have proceedingsbrought against them in Supreme Court to enforce, or prevent or restrain thecontravention of any provision of this Bylaw.

PART XIV - GENERAL PROVISIONS

118. If any section, sub-section, clause, part or wording of the Bylaw is held invalid by a courtof competent jurisdiction, the invalid portion shall be severed and the remainder of theBylaw shall be deemed to have been adopted without the invalid and severed section,sub-section, clause, part or wording.

119. In the event of any inconsistency between the provisions of this Bylaw and the

provisions contained in a statute or regulation enacted by the Government of theDominion of Canada or the Province of British Columbia, the more restrictive provisionsof those statutes or regulations shall apply.

120. Nothing in this Bylaw shall be construed to mean that either the Fire Department or anyMember has a duty to perform any of the functions or tasks set out in this Bylaw.

121. Where any unpaid fees or charge is added to the property taxes it shall thereafter accrueinterest and be recoverable in the same manner as property taxes.

122. In this Bylaw words importing the male gender include the female gender and either

include the neuter and vice versa, and words importing the singular number include theplural.

Repeal

The Fire Prevention Bylaw 2005 No. 4410 is hereby repealed in its entirety.

READ A FIRST TIME the 06 day of July , 2009

READ A SECOND TIME the 06 day of July , 2009

READ A THIRD TIME the 06 day of July , 2009

RECONSIDERED AND ADOPTEDthe

day of ,

Mayor Deputy Township Clerk


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Reverse Side of Outdoor Burning Permit

Conditions:

An Outdoor Burning Permit may only be issued to a person in the following circumstances:

(1) to a person who owns the property on which the outdoor fire will occur or who has the

written authority to light, ignite, start or burn a f ire on the property from the owner of theproperty;

(2) the property is a minimum .2 hectare (.5 acres) in size and the neighbouring propertiesare predominantly equal or greater in size;

(3) the fire will only burn indigenous material from the property on which the fire will occur;

(4) the indigenous material to be burned is less than 10 cubic metres per hectare per month(4 cubic metres per acre per month);

(5) a minimum clearance of fifteen (15) metres is provided from structures and property linesif the fire is contained in a non-combustible container and the clearance providedbetween structures and property lines;

(6) the indigenous material to be burned is piled by hand and does not exceed 5 cubic

metres (2m x 2m x 1.2m) at any time during the fire;

(7) the person applying for the Outdoor Burning Permit agrees to be responsible for the fireand shall constantly watch over, manage and care for such fire and shall observe everyreasonable precaution to prevent the open fire from spreading or from ashes or smokebecoming a nuisance;

(8) a hose connected to a pressurized water supply and of sufficient length to reach the fireis readily available to extinguish or restrict the fire size; and

(9) the fire is extinguished by dusk.


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FIRE PREVENTION BYLAW 2005 NO. 4410AMENDMENT BYLAW 2009 NO. 4766

Schedule C

LAND CLEARING BURNING PERMIT

Permit Fee: $100.00 Permit No:

Applicants Name

Address where fire will occur

Business Phone Number Home Phone Number

(no answering machines please)Cell Phone Number

If the Applicant is not the Registered Owner of the property where the fire will occur, pleasecomplete:

Name of Registered Owner

Address

City, Province & Postal Code

Business Phone Number Home Phone Number

(no answering machines please)

The use of forced air combustion equipment at a minimum of 18,000 cubic feet per minute to acceleratethe fire is required for all land clearing fires burning on non-Agricultural Land Reserve.Is the property where burning will occur in the Agricultural Land Reserve? Yes No

I, the Applicant, hereby confirm that I have read and understand the terms and conditions in the FirePrevention Bylaw 2005 No. 4410 set out on the reverse of this permit and I agree and promise to carryout the land clearing fire in accordance with them, and I accept full responsibility, including all costs,damages and claims arising out of this permit or any fire started under this permit.

Land Clearing Burning Permit in effect from __/__/200_ to __/__/200_

Signature of Applicant

Signature of Issuer

THIS PERMIT IS ONLY VALID FOR INDIGENOUS MATERIAL


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Reverse Side of Land Clearing Burning Permit

Conditions:

A Land Clearing Burning Permit may only be issued to a person in the following circumstances

and conditions:

(1) to a person who owns the property on which the land clearing fire will occur orwho has the written authority to light, ignite, start or burn a fire on the propertyfrom the owner of the property;

(2) the material to be burned is indigenous to the property such as piled brush,slash, grass, or other organic or agricultural materials originating on thatproperty;

(3) the property is not less than 2.02 hectares (4.2 acres) in size or consolidatedproperties of greater than 2.02 hectares (4.2 acres);

(4) a forced combustion air supply may be required, of not less than 4,700 cubicmetres (18,000 cubic feet) per minute, to accelerate the burning to minimize theimpact of smoke or ashes on neighboring properties;

(5) a watch is maintained on the fire until it is completely extinguished with sufficientpersonnel, appliances and equipment to prevent the fire from becomingdangerous to life or property;

(6) burning shall not be carried out within a hundred (100) metres from anyneighbouring residences and businesses and five hundred (500) metres fromschools in session, hospitals and facilities used for continuing care;

(7) the size of the pile to be burned shall determined by the Fire Chief, with the

intention of reducing the fires impact on neighbours;(8) the fire should only be started when the Ventilation Index is good in accordance

with the Open Burning Smoke Control Code of Practice and the permit holdermay acquire this information from the Greater Vancouver Regional District (604-436-6777);

(9) no burning shall be carried out when, due to climatic conditions or other hazards,it would be unsafe to do so; and

(10) any other conditions not listed here may be added to the permit upon issuance ifthe Fire Chief deems any necessary because of the propertys location, size,amount of material to be burned, time of year and the weather.


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Schedule D

SPECIAL BURNING PERMIT

Permit Fee: $50.00 Permit No:

Applicants Name

Address where fire will occur

Business Phone Number Home Phone Number(no answering machines please)

Cell Phone Number

If the Applicant is not the Registered Owner of the property where the fire will occur, please complete:

Name of Registered Owner

Address

City, Province & Postal Code

Business Phone Number Home Phone Number(no answering machines please)

What is the nature of your special event?________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________I, the Applicant, hereby confirm that I have read and understand the terms and conditions in the Fire PreventionBylaw 2005 No. 4410 set out on the reverse of this permit and I agree and promise to carry out the fire at thespecial event in accordance with them, and I accept full responsibility, including all costs, damages and claimsarising out of this permit or any fire started under this permit.

Special Burning Permit in effect from __/__/200_ to __/__/200_Signature of Applicant

Signature of Issuer

THIS PERMIT IS NOT VALID FOR THE BURNING OF LAND CLEARING DEBRIS


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Reverse Side of Special Burning Permit

Conditions:

A Special Burning Permit may only be issued to a person in the following circumstances andconditions:

(1) the purpose of the fire is agricultural in nature, to eradicate grass, weeds,damaged or diseased crops or pests; or

(2) the fire is part of a religious or ceremonial event where responsible adults willbe attending with adequate knowledge and assistance to react quickly; and

(3) the time of day and day of the week when the fire will occur does not createan unreasonable burden on the Fire Department should the fire get out ofhand; and

(4) any other conditions not listed here may be added to the permit uponissuance if the Fire Chief deems any necessary because of the propertyslocation, size, amount of material to be burned, time of year and the weather.


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DISCUSSION/ANALYSIS:

This bylaw amendment administratively removes all references to fees and charges from the FirePrevention Bylaw 2005 No. 4410 (Schedule A) allowing for their inclusion with all other fees as

Schedule 7 contained within the Finance Divisions concurrent Fees and Charges Bylawamendment, as well as making the following modifications:

(a) Amend the definition of fee under Part I Introduction, to include reference to theTownship of Langley fees and Charges Bylaw to read as follows:

fee means any of the fees described and listed in the Township of Langley Fees andCharges Bylaw;

(b) Amend Section 91(1), (2), and (3) to update reference to attached Schedules as follows:

(1) an Outdoor burning Permit in the form and substance in Schedule A, attached hereto

and forming a part of this Bylaw;(2) a Land Clearing Permit the form and substance in Schedule B attached hereto andforming a part of this bylaw and

(3) a Special Burning Permit in the form and substance in Schedule C attached heretoand forming a part of this Bylaw.

(c) Amend section 92. by adding in listed in the Township of Langley Fees and ChargesBylaw.

(d) Amend section 102. by changing Schedule D to Schedule C.

These amendments to the Fire Prevention Bylaw are therefore mainly for housekeeping

purposes. The concurrent Fees and Charges Bylaw amendment addresses the actual fees andcharges for Fire Prevention services and the rationale for their adjustment.

Respectfully submitted,

Patty CatlinDEPUTY TOWNSHIP CLERKforCORPORATE ADMINISTRATION

This report has been prepared in consultation with the following listed departments.

CONCURRENCES

Division Name

FINANCE HILARY TSIKAYI

FIRE BRUCE FERGUSON

ATTACHMENT 1 FIRE PREVENTION BYLAW 2005 NO. 4410ATTACHMENT 2 FIRE PREVENTION BYLAW 2005 NO. 4410 AMENDMENT BYLAW 2009 NO. 4766


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