THETIS ISLAND IMPROVEMENT DISTRICT
Fire regulation By-Law No. 41
A Bylaw setting out the fire protection regulations of the Thetis Island Improvement District and prescribing penalties for non-compliance with the regulations.
This Bylaw replaces the District´s ByLaw No. 4 cited as the “Thetis Island Fire Administration Bylaw’ passed on the 12th day of September 1983.
The trustees of the Thetis Island Improvement District enact as follows:
1. The Fire Chief is hereby empowered to enter upon any land or into any building (except a privately owned and occupied single family dwelling) for the purpose of making an inspection or investigations to:
(i) Inspect for conditions which may cause a fire, increase the danger of a fire or increase the danger to persons.
(ii) See that any flammable matter is rendered harmless or suitably safeguarded against fire.
(iii) Make scheduled inspections as required by the British Columbia Fire Services Act.
2. All commercial and institutional land and premises on Thetis Island shall be inspected by the Fire Chief, or any person designated by the Fire Chief to act on his/her behalf, to assure that said premises are being managed and operated in compliance with the provisions laid out in the Fire Services Act and National Fire Code of Canada 1977, its amendments and re-issues, and to issue any orders the Fire Chief may deem necessary to correct improper fire standards and insure compliance with the Fire Services Act and the National Fire Code.
(iv) Serving of such orders may be made by delivering to, or leaving a copy with the owner or occupier, or by affixing a copy on the door or at the premises or by mailing a copy to the owner´s last known Post Office address.
3. No person shall obstruct the Fire Chief or any other person under his/her direction, in making any entry authorized by this by-law.
4. No owner or occupant of any building shall permit any chimney, stovepipe or flue to remain in any condition that may cause or create a fire hazard.
5. The term “smoking’ shall include the carrying of a lighted pipe, cigar or cigarette.
(a) Where, in the opinion of the Fire Chief, smoking may create a fire or explosive hazard, the Fire Chief may prohibit smoking in any building, or open space in which combustible materials are handled, stored, manufactured, sold or are present.
(b) Where, in the opinion of the Fire Chief, smoking should be prohibited, he/she may give notice in writing to the occupant to post suitable signs that smoking is prohibited in or on such land or premises and the occupant thereof shall prohibit smoking in such premises or buildings.
(c) Any person violating any such order or notice shall be deemed to be guilty of an infraction of this by-law and shall be liable to the penalties herein imposed.
6. No person shall deposit or allow to collect or be deposited within the District, any paper, rubbish or other combustible material likely to cause or promote fires dangerous to buildings or other property.
7. Except as provided in this by-law, no personal shall light, ignite or maintain any fire out-of-doors or permit or cause any such fire to be lit, ignited, or maintained without first obtaining a permit from the Fire Chief or his/her assistant.
8. Except as provided in this by-law, any person lighting, igniting or maintaining any fire out-of-doors within the boundaries of the Thetis Island Improvement District without first obtaining a permit, or, having a permit, failing to comply with the express terms of that permit, shall be liable for all costs involved should the personnel and equipment of the Thetis Island Fire Department, or of any other fire service agencies acting in mutual aid capacities within this Improvement District, be required to extinguish such fire or any conflagration caused by such a fire.
9. The Fire Chief may withhold or cancel any permit issued where, in consideration of local circumstances or atmospheric conditions, or as directed by Provincial fire authorities, the igniting of fire in any area may create a hazard to persons or property.
10. Hazardous materials—including, but not limited to, motor vehicle tires, chemicals, chemically-treated materials and plastic materials—shall not be burned in any “open-air’ or incinerator fire.
11. A fire in the “open air’ shall mean any intentionally ignited fire out-of-doors including bonfires, beach fires, rubbish fires, brush fires and any burning of waste materials resulting from land clearing, agriculture, logging, gardening, demolition or construction. Any “open air’ fires shall be ignited and maintained only in compliance with the following conditions:
(a) At all times of the year any burn pile larger than two (2) meters in diameter and two (2) meters in height and any burn pile consisting primarily of stumps or construction debris, or any burn pile created by machinery, requires a permit. For burn piles larger than two meters in diameter and two meters in height, a pre-ignition site inspection by the Fire Chief or his/her designate is required, indicating specific terms of compliance, including but not limited to standby control apparatus and water, supervision, zone of clearance, and the issuance a “burn reference number’ from the Coastal Fire Centre, as per section 24.1 of the Forest Fire Prevention and Suppression Regulation (BC Reg 169/95) pursuant to section 78 (1)(a)(i) of the Forest Practices Code of British Columbia Act.
(b) During the period each year from April 1st to October 1st, or during any period so designated and advertised by the Fire Chief, any “open air’ fire shall require a permit, meeting the following conditions:
(v) Anyone burning in the open air between April 1st and October 1st of the same year, or during any period so designated, must obtain a permit setting out the period of the day or days for which the permit is valid, the location and any special provision for control of the fire.
(vi) All permits issued are subject to conditions explicit in this by-law.
(vii) The Chief may, if he deems it necessary, inspect the site of the proposed fire before issuing a permit.
(viii) The permit holder or some competent person appointed by his shall supervise and keep under control any burning in the open air and ensure that any equipment necessary for fire control is available.
(ix) The permit holder or some competent person appointed by him shall ensure that the fire in the “open air’ is located at least
3m (10 ft) from any dry grass, shrubbery, trees or wooden fences and
6m (20 ft) from any building.
(vi) Provincial regulations may require that a permit be accompanied by a “fire reference number’, as per section 11 (a) above, and such number must be obtained by the party requesting the permit.
12. “Incinerator’ shall mean any metal or masonry container for the contained combustion of waste materials, and all incinerators must either meet the standards for Type 1 (single household) or be authorized as Type 2 (multi-household or commercial) incinerators.
(a) Type 1 incinerators shall be solid non-combustible enclosures having an internal volume not greater than one (1) cubic meter, mounted on a non-combustible base and capped with a metal screen or grill with a mesh no larger than 6 mm (or 1/4 inch) to restrict any sparks and flying debris.
(b) Type 2 incinerators shall include all incinerators exceeding the definition of Type 1 incinerators. Any Type 2 incinerator requires authorization by the Fire Chief with regard to specification of site conditions, design and management safeguards appropriate for the specific unit and situation.
13. Fires in incinerators shall be ignited and maintained under the following conditions:
(a) Anyone burning in an approved incinerator between April 1st and October 1st of the same year must obtain a permit.
(b) Such permit may be issued on an annual basis subject to conditions in section nine (9) of this by-law.
(c) The Chief may inspect at any time any incinerator to determine its suitability.
(d) The owner of any incinerator shall ensure that said incinerator is maintained in a condition that provides for proper combustion of any material burned.
(e) The owner of any incinerator shall ensure that while it is in use, the permit holder or some competent persona appointed by him shall supervise any burning and ensure that any equipment necessary for fire control is available.
(f) The owner of a Type 1 (single household) incinerator shall ensure that the incinerator is located at least
i. 2m (6 feet) from any dry grass, shrubbery, trees or wooden fence and
ii. 4.5 m (15 feet) from any building.
14. Every person who disobeys or fails to comply with any provision of this by-law shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars ($500.00) or to imprisonment not exceeding thirty (30) days or to both.
This by-law may be cited as the Thetis Island Improvement District Fire Regulation By-Law No. 41.
Introduced and given first reading by the trustees on the 6th day of April, 2004
Reconsidered and finally passed by the Trustees on the 6th day of April, 2004
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Chairman of the Trustees
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Secretary to the Trustees
I hereby certify that this is a true copy of Bylaw No. 41.
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Officer