Bylaw No. 1513-2006
Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 1881-2009, 2086-2011, 2552-2013 and 2563-2016 . Last amended June 27, 2016
|Part I — Citation|
|Part II — Definitions and Interpretation|
|2.3 Adoption of Fire Code|
|Part III — Fire Rescue Service Operations|
|3.2 Management control|
|3.3 Limits of jurisdiction|
|3.4 Policies and operational guidelines|
|3.5 Prevention, control and enforcement|
|3.6 Demolition of buildings, equipment or property|
|3.7 Right to enter|
|3.8 Commandeering of specialized equipment|
|3.9 High building anchoring systems|
|3.10 Communications antennae in buildings|
|Part IV — Conduct of Persons|
|4.2 Prohibition of entry|
|4.3 Traffic control|
|4.4 False representation|
|4.5 Driving over equipment|
|4.6 Fire damaged buildings|
|Part V — Fire Prevention Regulations|
|5.1 Fires in public places|
|5.2 Discarding burning substances|
|5.3 Accumulation of combustibles|
|5.4 Open air burning|
|5.5 Residential materials|
|5.6 Agricultural waste|
|5.7 Burning to clear land|
|5.8 Construction, commercial and industrial burning|
|5.9 Suspension of all burning|
|5.10 Prohibits smoking|
|5.11 Vacant buildings|
|Part VI — Inspection of Premises|
|6.1 Authorization to enter|
|6.2 Provision of information|
|6.3 False information|
|6.5 Remedial orders|
|6.6 Dating of orders and Occupier's responsibility|
|6.7 Elevator signs|
|6.8 Identification of floors|
|6.9 Signing pull stations|
|6.10 Fire lane gates|
|6.11 Fire lane signs and obstruction|
|6.12 Pre-incident planning information|
|6.13 Refuse/garbage containers|
|6.14 Fire Department Connections|
|6.15 Hose outlets in multi-storey buildings|
|6.16 Monitoring of Fire Alarm Systems|
|6.17 Exit doors and means of egress|
|6.18 Exit paths in open floor storage areas|
|6.19 Outdoor storage|
|Part VI — Fire Hydrants|
|7.1 Clearance around hydrants|
|7.2 Type of hydrants|
|7.3 Hydrant usage|
|7.5 On-site hydrants|
|7.6 Private hydrants|
|Part VIII — Fire Protection Equipment Inspection and Fire Alarm SystemsB/L 1881-2009|
|8.1 Inspection by Fire Protection Technician|
|8.3 Responsibility for Fire Alarm System|
|8.5 Contact person|
|8.6 Entry without owner or contact person|
|8.7 Attendance on false alarm fees|
|8.8 Security Alarm System attendance fee|
|8.9 Fire alarm testing fee|
|8.10 Appeal false alarm|
|Part IX — Permits and Fees|
|9.1 Burning permits|
|9.3 Permit suspension|
|9.4 Incident cost recovery|
|9.5 Recovery as for Taxes|
|Part X — Contravention And Penalties|
The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:
2.2 (a) Words or phrases defined in the British Columbia Motor Vehicle Act, the Commercial Transport Act or the Community Charter or their respective Regulations or any successor legislation, shall have the same meaning when used in this Bylaw unless otherwise defined in this Bylaw or the context otherwise requires.
(b) A reference to a statute in the Bylaw refers to a statute of the Province of British Columbia unless otherwise indicated, and a reference to any statute, regulation, code or bylaw refers to that enactment as it may be amended or replaced from time-to-time.
(e) If any portion of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion shall be severed and the severance shall not affect the validity of the remainder.
2.3 The Fire Code is adopted and made part of this bylaw and shall be applicable within the City.
3.1 The Fire Rescue Service is authorized to provide the following services:
3.2 Under the direct supervision of the City Manager, the Fire Chief shall be responsible to manage and supervise the Fire Rescue Service and all Fire Rescue Service personnel, and exercise care, custody and control of all buildings, apparatus and equipment of the Fire Rescue Service.
3.3 Except where specifically directed by Council or authorized by a valid and existing agreement to supply fire fighting services beyond the City's boundaries, no apparatus or equipment of the Fire Rescue Service shall be operated or used beyond the boundaries of the City.
3.4 The Fire Chief may make policies and operational guidelines for the proper and efficient administration and operation of the Fire Rescue Service; and may vary, alter, or repeal such policies and operational guidelines as deemed necessary.
3.5 The Fire Chief is authorized to:
3.6 The Fire Chief may order the damage, destruction or demolition of any building, part of a building, structure, equipment or other private property, as may be necessary to extinguish, suppress or prevent the spread of fire. Neither the City nor the Fire Rescue Service nor any of their elected officials, officers, employees or Members shall be obligated to restore or pay compensation for property damaged, destroyed or demolished under authority of this section.
3.7 The Fire Chief or a Member may enter on property and into premises, with or without apparatus or equipment of the Fire Rescue Service, to combat, control or deal with an Incident.
(b) The Owner of property or premises where an Incident originates must pay all costs, expenses and charges incurred by the City to commandeer and use specialized equipment by the Fire Rescue Service.
3.9 Every Owner of a building exceeding five stories in height shall:
(b) ensure that when any apparatus is installed on the building and used to provide access to the side of the building for window washers or other workers, one or more engineered rope rescue anchoring systems that are rated at a two-person load are provided to rescue such workers;
(c) test all engineered rope rescue anchoring systems annually in conjunction with the manufacturer's recommendations to ensure that they are functioning correctly, and maintain a copy of the annual test results in the Fire Rescue Service operations box located at the fire control panel in the building; and
3.10 Where the design or construction methods for a building may cause poor communications for fire fighting and rescue operations, or where the Owner is directed to do so by the Fire Chief, the Owner shall, at the Owner's cost, ensure that an engineered communications antenna, which is satisfactory to the Fire Chief, is installed and maintained on the building.
4.1 No person shall obstruct, impede or hinder a Member or any other person in the execution of their duties under this bylaw.
4.2 Except as authorized by the Fire Chief or other Member, no person shall:
(b) enter within an area designated by ropes, guards or tapes, which are erected by or under the direction of a Police Officer or the Fire Rescue Service, across or around any or all streets, lanes, alleys or buildings; or
4.3 A person at or near an Incident shall obey all traffic control directions given by a Police Officer or a Member.
4.4 No person shall falsely represent themselves as a Member, nor wear or display any Fire Rescue Service badge, cap, button, insignia or other paraphernalia for the purpose of such false representation.
4.5 No person shall drive a vehicle over any fire hose or other equipment of the Fire Rescue Service unless directed by a Police Officer or a Member.
4.6 (a) The Owner of a fire-damaged building shall promptly take all necessary steps to secure the building against the entry of unauthorized persons, including but not limited to guarding the building and securing all openings to the building.
(b) If an Owner fails to provide the necessary security to a fire damaged building within a reasonable time, or when directed by the Fire Chief, the Fire Chief may cause the necessary work to be conducted by employees, agents or contractors of the City at the cost of the Owner.
5.1 No person, except a Member or an employee of the City acting in the course of their employment and under the authority of an approved burning Permit, shall make or light a fire in any highway allowance, street, lane, square, park or other public place within the City.
5.2 A person shall not discard, throw or drop any lighted match, cigar, cigarette or other burning substance into or near any combustible material.
5.3 (1) No Occupier shall cause or permit wastepaper, hay, grass, straw, weeds, litter or other combustible material, waste or rubbish to accumulate on a roof or in a yard, vacant lot, carport, garage or open space.
(3) The Fire Chief or a Member may order an Occupier to take certain measures to comply with this Section. If a person who has been delivered such an order fails to comply fully within the time specified in the order, the Fire Chief may cause or direct the work to be carried out by the City through its employees or contractors, and in that event, the Occupier shall be responsible for all costs and expenses incurred by the City as set out on an invoice.
5.4 A person must not start or maintain, or cause a fire, or suffer or allow a fire to be started or maintained in the open air, or in any portable incinerator or other portable appliance or device whatsoever except:
(a) in a barbecue, hibachi or other food preparation device, an outdoor heater or fireplace, or any similar appliance or device, that is fuelled by electricity, gas, propane or charcoal unless the Fire Chief has been notified in advance and has given permission in writing to use another type of fuel;
(b) a campfire in a designated fire pit within the Matsqui Trails Greater Vancouver Regional District Park, subject to any conditions, restrictions and prohibitions applicable to that activity or at that site, including any federal, provincial or local government enactments and any conditions, restrictions and prohibitions established by order of the Fire Chief or a provincial or federal agency;
(b) A person must not fuel a residential fireplace or woodstove with any material other than seasoned firewood or similar material designed for that use and that does not contain painted, treated or adhesive materials.
5.6 A person may burn Agricultural Waste Materials only if all of the following conditions are met:
(a) the burn takes place only within a time period between October 1st and May 31st and where no ban on burning in the open air, whether by the Fire Chief or by a provincial or federal agency, is in effect;
(c) the burn pile does not exceed three (3) metres in width or diameter and does not exceed one (1) metre in height (10 feet x 10 feet x 3 feet maximum), unless the person has applied for and obtained a Permit issued by the Fire Chief that expressly allows a larger burn pile;
(d) the site of the burn is located within the area designated as Rural Area on Schedule "B", attached to and forming part of this bylaw (Drawing No. M-522 ,Agricultural Burning Boundary), unless the person uses specialized equipment that is approved by the Fire Chief prior to burning; and
(ii) the burn takes place only within a time period between October 1st and May 31st and where no ban on burning in the open air is in effect, whether by the Fire Chief or by a provincial or federal agency; and
(b) The Fire Chief may refuse, suspend or revoke an approval under paragraph (a) if the Fire Chief considers that in the circumstances:
(vi) for any other reason, the proposed activity would create a risk of the fire spreading, a level of smoke or fumes in the area, or a danger to life or property that is, in the opinion of the Fire Chief, unacceptable for public health, safety, or the security of property.
5.8 A person must not burn any commercial or industrial waste or destroy by burning wood waste or any other combustible material from construction projects.
5.9 No person shall burn in the open air between June 1st and September 30th of each year, and where the Fire Chief considers that hazardous fire conditions exist, the Fire Chief may order a total ban on burning in the open air at any time and for any duration.
5.10 Where the Fire Chief considers conditions may make smoking a hazard in any warehouse, store, industrial plant, institution, place of assembly, open space where combustible materials are stored or handled or any other place, the Fire Chief may prohibit smoking in such areas, and may order the Owner or Occupier, in writing, to post "NO SMOKING" signs in the buildings, structures, rooms or places where smoking is prohibited.
5.11 (a) The Owner of a vacant building shall at all times ensure that the premises are free from debris and combustible or flammable substances, and shall keep all openings to the building securely closed and fastened to prevent entry of unauthorized persons.
(b) If the Fire Chief at any time, or a Member in charge at an Incident, considers it necessary for safety by preventing unauthorized entry to a vacant building, the Fire Chief or Member in charge may cause, direct or order that the building be secured. If the Owner of the property cannot be located or does not respond within a time specified by the Fire Chief or Member in charge, or if the matter is urgent, does not respond within 12 hours, the Fire Chief or Member in charge may cause or direct the building to be secured as necessary by the City through its employees or contractors, and in that event, the Owner shall be liable for all costs and expenses incurred by the City as set out on an invoice.
6.1 The Fire Chief is authorized to enter at all reasonable times on any property in order to ascertain whether the requirements of this bylaw are being complied with, and in addition to the powers vested by the Fire Services Act, the Fire Chief is authorized and empowered to inspect premises for conditions that may cause fire or increase the danger of fire or the danger to persons, and to deal with any matter in a manner not repugnant to any provision of the Fire Services Act or its regulations.
6.2 Every Occupier shall provide all information and render all assistance required by the Fire Chief in connection with the inspection of a premises under this bylaw.
6.3 No person shall withhold or falsify any information required by the Fire Chief nor refuse to assist in an inspection under this bylaw.
6.4 No person shall obstruct or interfere with the Fire Chief during an inspection under this bylaw.
6.5 The Fire Chief is authorized and empowered to issue orders in writing to an Occupier, which requires the correction or removal of any condition or thing in or about any building, structure or property which:
(c) constitutes a fire hazard within the meaning of the Fire Services Act;
and the Occupier must ensure that every requirement of such order is carried out.
6.6 (a) In making an order under Section 6.5 , the Fire Chief may state a date by which the order must be carried out, having regard to the level of risk and degree of urgency in the circumstances.
(b) If the Occupier who has been delivered an order under Section 6.5 fails to comply fully within the time specified in the order, the Fire Chief may cause or direct the work to be carried out by the City through its employees or contractors, and in that event, the Occupier shall be responsible for all costs and expenses incurred by the City as set out on an invoice.
6.7 Every building equipped with a passenger elevator shall display a sign directly above the call button on each floor of the building reading:
"IN CASE OF FIRE, USE EXIT STAIRWAY
DO NOT USE ELEVATOR"
The dimensions of each sign shall be not less than 75 mm by 130 mm (3 inches x 5 inches) on permanent red and white or white on red plastic lamacoid or equivalent material.
6.8 Every building with three or more stories shall conspicuously display on the wall adjacent to the door lock in every stairwell on every floor level, signs that identify the floor level and meet the following requirements:
(c) if wording is used for the signs, the dimensions and type specified in Section 6.9 shall be used.
6.9 Every building equipped with a Fire Alarm System, which is not continuously monitored by an approved Monitoring Agency, shall display a permanently mounted sign at each manual fire alarm pull station reading:
"LOCAL ALARM ONLY - IN CASE OF FIRE TELEPHONE 9-1-1"
The dimensions of each sign shall be not less than 50 mm by 100 mm (2 inches x 4 inches) on permanent red and white or white on red plastic lamacoid or equivalent material.
6.10 Any gates, bollards, chains or other assembly used to secure primary or secondary fire access roads or lanes shall be approved by the Fire Chief before installation.
"FIRE LANE - NO PARKING"
The size and colour of all markings and signs shall be approved by the Fire Chief before installation or display.
(b) Primary or secondary fire access roads, lanes or routes, when secured by gates, bollards, chains or other approved, removable assemblies, shall display a permanently mounted sign on each side of the obstruction with lettering of a size no less than 750 mm by 600 mm (30 inches x 24 inches) reading:
"EMERGENCY ACCESS ONLY, NO PARKING
By Order of the "Abbotsford Fire Rescue Service"
The size and colour of these markings and signs shall be approved by the Fire Chief before installation or display.
6.12 (a) The Owner of every existing building for which a fire safety plan is required under the Fire Code, shall have the fire safety plan approved by the Fire Chief and provide copies of it to the Fire Rescue Service in both paper and electronic format. In addition to the requirements for a fire safety plan specified in the Fire Code, the fire safety plan shall include emergency procedures and site/floor plans that show the location of all building and service controls, means of egress and storage of all applicable hazardous materials, anchoring systems, and any other specialized protection systems.
(b) The Owner of every new building, other than a single family dwelling residential building, shall have a fire safety plan approved by the Fire Chief and provide copies of the approved plan to the Fire Rescue Service in both paper and electronic format. The fire safety plan shall include emergency procedures and site/floor plans that show the location of all building and service controls, means of egress and storage of all applicable hazardous materials, anchoring systems, and any other specialized protection systems.
(c) The Owner of every building described in paragraphs (a) and (b) must ensure that a laminated copy of the fire safety plan floor plan is conspicuously displayed at all times on the wall adjacent to the door lock in every stairwell.
(d) Where required by the Fire Chief, an Occupier shall supply an approved weatherproof "Fire Rescue Service" information box at an exterior location, that is approved by the Fire Chief, where information can be stored and accessed by Members using a Fire Rescue Service master key.
6.13 All commercial or communal garbage containers larger than a 90 litre (20 gallon) capacity shall be stored in a location that is approved by the Fire Chief, which is no less than 5 metres (16 feet) from any combustible construction or materials or unprotected building openings. Where the foregoing clearances cannot be met, a non-combustible container with non-combustible self-closing lids and no hold-open devices may be used, provided that the container is placed in a location that is approved by the Fire Chief and which is no less than 1 metre (3 feet) from any combustible construction or materials or unprotected building openings.
6.14 Every Occupier must ensure that the Fire Department Connection:
6.15 Every multi-storey building shall comply with the following requirements:
(d) where hose cabinets are required to be installed in the corridors, the outlet in the cabinet shall be a 64 mm (2.5 inches) fitting equipped with a 38 mm (1.5 inches) reducer, and be connected to the occupant hose.
6.16 Every Fire Alarm System installed in a building in accordance with the requirements of the Building Code, shall be monitored and transmit signals to the Fire Rescue Service by way of an approved, independent, central station conforming to NFPA-71 "Standard for the Installation, Maintenance, and Use of Protective Signaling Systems."
6.17 Every Occupier must ensure that exit doors and means of egress are maintained in good repair and free of any obstruction.
6.18 Every required exit door located in an open floor storage area shall be served by an aisle that is kept clear at all times of any materials or products and that:
6.19 Outdoor storage areas and clearances shall conform to the requirements of the Fire Code and be identified by the following means:
(b) on gravel storage lots, the clearances from buildings, property lines and other individual storage areas shall be identified by use of concrete curbing 150 mm (6 inches) in height and 1,800 mm (72 inches) in length, spaced 1,200 mm (48 inches) apart.
7.1 Every Owner shall ensure that an area with a radius of one metre (three feet) is maintained clear and unobstructed around each fire hydrant, and in clear view from the roadway when approached from either direction.
7.2 The connection type, colour coding (in accordance with NFPA - 291), and location of all fire hydrants or other Fire Rescue Service connections shall be approved by the Fire Chief before installation.
7.3 No person, except a Member, shall use or take water from any fire hydrant or standpipe, nor attach anything to a fire hydrant or standpipe, without first obtaining written permission from the Director of Engineering.
7.5 Every on-site fire hydrant must be located in accordance with the Building Code and shall be:
Any proposed equivalency or variation to the requirements of this Section 7.5 shall be submitted to the Fire Chief for prior approval.
7.6 Private hydrants shall be maintained by the City's Engineering Department at the cost and expense of the Owner.
8.1 Every person, who is required under the Fire Code to perform, or cause to be performed an inspection or test of Fire Protection Equipment for a Hotel or Public Building, shall ensure that the inspection or test is performed by a Fire Protection Technician.
8.2 Every Fire Protection Technician that performs an inspection or test referred to in Section 8.1 , shall ensure that:
(b) the Fire Protection Equipment is tagged or labelled in a manner acceptable to the Local Assistant and in accordance with the requirements of the Fire Code and the Applied Science Technologists and Technicians Act.
8.3 Every owner or occupier of any property or premises where an alarm system is installed must ensure that at all times the Fire Alarm System is correctly installed, used, maintained and operated so as to prevent false alarms.
8.4 A person must not activate a Fire Alarm System unless:
8.5 (a) For the purposes of this Part, a "contact person" means a person who is capable of operating the Fire Alarm System at a specified premises, and who is normally available 24 hours a day, upon notification under paragraph (b) or (c) , to attend and as necessary, enter and secure the premises, at an incident or otherwise in conjunction with attendance by the Fire Rescue Service.
(b) The owner or occupier of any premises with a Fire Alarm System monitored by a Monitoring Agency must provide the agency with a record of at least one contact person normally available to attend at the premises within 30 minutes of being notified by the agency.
(c) The owner or occupier of any premises with a Fire Alarm System not monitored by a Monitoring Agency must provide the Fire Rescue Service with the name of at least one contact person normally available to attend at the premises within 30 minutes of being notified by the Fire Rescue Service.
8.6 If neither an owner nor a contact person attends at the premises from which a Fire Alarm System is activated within 30 minutes of being notified, and no person is available otherwise to allow access, the Fire Rescue Service may use whatever means are necessary to gain entry to the premises to investigate the Fire Alarm System or any part of the system, and neither the owner nor an occupant shall be entitled to any compensation whatsoever for any damage or loss that may result from such entry.
8.7 (a) For each hour or any part of an hour in excess of the initial 30 minutes that the Fire Rescue Service attends at a premises as a result of a false alarm, the Owner or Occupier of the property or premises must reimburse the City for its costs of attending by paying the same fee amounts per hour for Fire Rescue Service personnel and equipment, as set out in the City's Fees and Charges Bylaw, 2006 for fees applicable to Incident Cost Recovery
(b) In addition to the fees payable under Paragraph (a) , on the occurrence of a second false alarm and each subsequent false alarm, the Owner or Occupier of the property or premises containing a Fire Alarm System must pay fees as set out in the City's Fees and Charges Bylaw, 2006, based upon the number of occurrences that have taken place within a 12 month period from the date of the most recent false alarm.
(c) Fees under this Section are payable 30 days after the date of an invoice from the City. Any fees that remain unpaid after that date are a debt due to the City and are recoverable as a debt. Without limiting the foregoing, any and all fees remaining unpaid as of December 31st of the year in which they are charged are deemed to be taxes in arrear and may be collected in the same manner and with the same remedies as property taxes.
(d) Despite Paragraphs (a) and (b) , where an Owner or Occupier makes documented improvements or repairs to a Fire Alarm System, through a certified Fire Protection Technician, to reduce or eliminate future false alarms, and submits the documentation to the Fire Chief within 30 days of the most recent false alarm, the fees and charges that would otherwise be payable under those provisions are waived and that occasion is not treated as a false alarm.
8.8 Where the Fire Rescue Service has attended at a property or premises in response to any alarm that results from a Security Alarm System being routed to the Fire Rescue Service, the Owner or Occupier of the property or premises must pay the applicable fees, as set out in the City's Fees and Charges Bylaw, 2006 for a "Security Alarm System Attendance".
8.9 Where a Owner or Occupier fails to notify the monitoring company or the Fire Rescue Service when carrying out testing, repair, maintenance, adjustments or alterations to a Fire Alarm System, as required by this Bylaw, and such failure results in the activation of the Fire Alarm System and attendance at the property by the Fire Rescue Service, the Owner or Occupier must pay the applicable fees, as set out in the City's Fees and Charges Bylaw, 2006 for "Fire Alarm Testing".
8.10 (a) An Owner or Occupier of property or premises may appeal a decision by the Fire Rescue Service to impose fees based on attendance at a false alarm by submitting a notice in writing to the Fire Chief within ten (10) business days of receiving the invoice for fees, along with a written explanation, including all relevant details, as to why the Owner or Occupier believes the alarm was not false, or that based on another provision in this or Bylaw or the Fees and Charges Bylaw, 2006, the fees are not payable or were calculated in error.
(c) Following a review of submissions received under this subsection, and any other information he or she considers to be relevant to the appeal, the Fire Chief will notify the Owner or Occupier of property or premises in writing of the outcome of that reconsideration within ten (10) business days of receiving such submissions.
9.2 Every person required under this bylaw, the Fire Code or the Fire Services Act to obtain a Permit, approval, inspection, reinspection, fire safety plan review, occupant load signage, or other service, or who requests a comfort letter, fire extinguisher training, a permit, approval, review, inspection or other service provided by the Fire Rescue Service, must pay the applicable fee that is prescribed in the City's Fees and Charges Bylaw, 2006.
9.3 The Fire Chief is authorized and empowered to suspend or revoke any Permit issued under this bylaw where the holder of the Permit contravenes, or causes or Permits the contravention of, any provision of this bylaw, the Fire Services Act and its regulations, or any conditions or restrictions attached to the Permit.
(iv) contravened the Controlled Substance Property Bylaw, 2006, or an order of the Fire Chief under that bylaw,
the person must pay, as an extraordinary service fee, the actual costs of the response by Fire Rescue Service, which shall be calculated in accordance with Fire Investigation and Incident Cost Recovery fees as prescribed in Schedule "D" of the City's Fees and Charges Bylaw, 2006.
(b) Dangerous Goods. Where the transport, storage or use of dangerous goods, as defined in the Dangerous Goods Act, gives rise to an Incident, the Owner, carrier, agency, organization or other person having responsibility for those dangerous goods shall, at their own cost, ensure that all such dangerous goods are cleaned up and safely disposed of promptly, completely, and in accordance with applicable laws. Where a person fails to comply with this requirement, the Fire Chief may make an order in writing to do so and may state a date by which the order must be carried out, having regard to the level of risk and degree of urgency in the circumstances. If the person delivered of such an order fails to ensure it is carried out within the time specified, the Fire Chief may cause or direct the work to be carried out by the City through its employees or contractors, and in that event, the Owner, carrier, agency, organization or other person responsible must pay, as extraordinary service fees:
which costs shall be calculated in accordance with Incident Cost Recovery fees as prescribed in Schedule "D" of the City's Fees and Charges Bylaw, 2006.
(c) Fire Investigation and Report. Except where subsection 9.4 (a) applies, where the Fire Rescue Service responds to a fire where damage to property exceeds $2,500.00 and a fire investigation and report must be completed by the Fire Rescue Service, in accordance with the Fire Services Act, the Owner of the property shall pay the applicable fire investigation fee that is prescribed in the City's Fees and Charges Bylaw, 2006.
(d) Special Events. Every person or organization who wishes to have a fire in connection with a Special Event must apply for and obtain a permit from the Fire Chief and must pay the applicable Special Event Fee prescribed in Schedule "D" to the Fees and Charges Bylaw, 2006. If the Special Event organizers request attendance by the Fire Rescue Service to supervise the Event, or the Fire Chief considers that in the circumstances, such supervision is necessary or advisable to ensure the safety of persons and property and the availability of emergency resources, the person or organization must pay the costs of attendance by Fire Rescue Services personnel and for related equipment at the applicable Standby rates prescribed under Incident Cost Recovery in Schedule "D" to the Fees and Charges Bylaw, 2006.
9.5 Where the City provides works or services to lands or improvements under this bylaw, and the applicable fees or costs incurred by the City to carry out such works or services have not been paid in full on or before December 31st of the calendar year noted on the City's invoice, the amounts may be collected in the same manner and with the same remedies as for property taxes in arrears.
10.1 If any section, subsection, clause or phrase of this Bylaw is held invalid by a court of competent jurisdiction, then that invalid portion shall be severed and the remainder of this Bylaw shall be deemed to have been adopted without the severed section, subsection, clause, or phrase.
(a) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City's Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007;
(b) a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60;
is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00); and
B/ L 2563-2016
In this Bylaw, unless the context otherwise requires:
"Agricultural Waste Materials" means waste agricultural vegetation products that are not standing and have originated on the property in question.
"Alarm System" means any system, device, or equipment, whether monitored by an Alarm System or not, intended to signal the presence of illegal entry and any other situation to which the Fire Rescue Service would or could reasonably be expected to respond, but does not include a smoke detector, fire alarm, or an Alarm System in a motor vehicle. B/L 2086-2011
"Building Code" means the current edition of the British Columbia Building Code and all amendments.
"Campfire" means the burning of wood in a contained fire that is no greater than 0.5 metres (1.5 ft.) in diameter and 0.5 metres (1.5 ft.) in height, set for the purposes of cooking, warmth or enjoyment, and supervised by a competent person having available on site sufficient equipment and water to completely extinguish the fire. B/L 2086-2011
"City" means the City of Abbotsford or the area within the municipal boundaries as the context may require.
"Controlled Substance" means a "Controlled Substance" as defined and described in Schedules I, II and III of the Controlled Drugs and Substances Act, 1996 c. 19, but does not include the trade or manufacture of a Controlled Substance that is permitted under that Act or otherwise lawfully permitted under the City's Business Licence Bylaw, 2006.
"General Manager of Engineering and Regional Utilities" means the person appointed by Council to that position and shall include any other person authorized by the General Manager of Engineering to exercise some or all of the General Manager of Engineering's powers under this bylaw. B/L 2086-2011
"False Alarm" means the activation of an Alarm System that results in the response of the Fire Rescue Service where a situation requiring such a response does not exist and includes a situation where:
(a) Alarm System has malfunctioned;
(b) Alarm System has been activated in error;
(c) Alarm System has been activated during testing;
(d) there is no evidence of illegal entry or attempted illegal entry; or
(e) the cause of the alarm cannot be determined;
but does not include a situation where it is substantiated that the activation was caused by:
(1) severe storm conditions; or
(2) the disruption of the equipment caused by any utility company.
"Fire Alarm System" means a device or devices installed on or in real property that is designed to issue a warning of a fire by activating an audible alarm signal or alerting a monitoring facility, but does not include a smoke detector or fire alarm installed in a vehicle or dwelling unit that is intended to alert only the occupants of the vehicle or dwelling unit. BL 1881-2009
"Fire Chief" means the person appointed by Council as the Fire Chief of the City, and shall include any other person authorized by the Fire Chief to exercise some or all of the Fire Chief's powers under this bylaw.
"Fire Code" means the current edition of the British Columbia Fire Code and all amendments.
"Fire Department Connection" means a hose connection to a building's Fire Protection water system for a pumper truck to supply and increase water pressure.
"Fire Protection" means all aspects of fire safety including, but not limited to, fire prevention, fire fighting or suppression, pre-Incident planning, fire investigation, public education, information and training and other staff development and includes, without limitation:
(i) the suppression and mitigation of all types of fires;
(ii) fire prevention inspections;
(iii) fire cause investigations and determinations;
(iv) public fire and life safety education;
(v) general fire prevention activities; and
(vi) pre-Incident planning.
"Fire Protection Equipment" includes, but is not limited to, Fire Alarm Systems, special extinguishing systems, portable extinguishers, water supply systems for Fire Protection, standpipe and hose systems, smoke control measures, emergency power installations, voice communication systems and fire fighter elevators.
"Fire Protection Technician" means a person certified under the Applied Science Technologists and Technicians Act to inspect and test Fire Protection Equipment.
"Fire Rescue Service" means the regularly constituted Fire Rescue Service of the City.
"Fire Service Personnel" means such officers and Members of the Fire Rescue Service as deemed necessary by the Council.
(a) an apartment house;
(b) a residential condominium building having two or more levels of strata lots, as defined in the Strata Property Act, and one or more corridors that are common property as defined in the Strata Property Act; and
(c) a boarding house, lodging house, club or any other building except a private dwelling where lodging is provided.
"Incident" means a fire, an explosion, a situation where a fire or explosion occurred or is imminent or any other situation presenting a danger or possible danger to life or property and to which the Fire Rescue Service responded.
"Local Assistant" means a Local Assistant to the fire commissioner and includes the Fire Chief and persons authorized in writing by the Fire Chief to exercise the powers of a Local Assistant.
"Member" means any person that is a duly appointed Member of the Fire Rescue Service.
"Monitoring Agency" means an individual, corporation or partnership engaged in the business of monitoring Fire Alarm Systems and reporting the occurrence of alarms to the Fire Rescue Service. B/L 1881-2009
"Motor Vehicle" has the same meaning as in the Motor Vehicle Act.
"NFPA - 291" means the National Fire Protection Association Standard for Fire Flow Testing and Marking of Hydrants.
"NFPA - 71" means The National Fire Protection Association Standard for the Installation, Maintenance, and Use of Protective Signaling Systems.
(a) a registered Owner or agent of the Owner;
(b) a tenant, lessee, licensee, user, agent and any other person who has the right of access to and control of a building or premises to which this bylaw applies; and
(c) in relation to common property and common facilities in a strata plan, the strata corporation.
"Owner" shall have the meaning assigned to it under the Community Charter and includes the authorized agent of the Owner.
"Permit" means a burning permit or other permit issued by the Fire Chief under this bylaw.
"Police Officer" means a Member of the Abbotsford Police Department.
"Public Building" includes a factory, a warehouse, store, mill, school, hospital, theatre, public hall, office building and any building other than a private dwelling house.
"Rural Area" means the area so designated in Drawing No. M-522 - Agricultural Burning Boundary, a reduced copy of which is attached in Schedule "B".
"Security Alarm System" means any system, device, or equipment, whether monitored by an alarm system or not, intended to signal the presence of illegal entry, but does not include a smoke detector, fire alarm, or an alarm system in a motor vehicle
"Smoking" means the carrying or use of a lighted pipe, cigar, cigarette or any other smoke inhalation device.
"Special Event" means a community, cultural or ceremonial event or celebration. B/L 2086-2011
"Urban Area" means the area so designated in Drawing No. M-522 - Agricultural Burning Boundary, a reduced copy of which is attached in Schedule "B".
Agricultural Burning Boundaries