Purposes of bylaw

1   The purposes of this bylaw are to regulate, prohibit and impose requirements in relation to the following:

(a) the authority of the fire chief;

(b) the services of the fire department;

(c) the protection of persons and property;

(d) the prevention of nuisances and disturbances.

Definitions

2   In this bylaw:

"air curtain incinerator" has the same meaning as prescribed under the Environmental Management Act;

"Building Code" means the most recent version of the British Columbia Building Code established under the Building Act;

"burn seasons" means the spring burn season and the fall burn season;

"campfire" means an open fire lit, fuelled or used for a recreational purpose;

"ceremonial fire" means an open fire lit, fuelled or used for a religious or ceremonial purpose;

"combustible material" means material that is susceptible to self-heating or self-ignition;

"community care facility" has the same meaning as in the Community Care and Assisted Living Act;

"contact person" means a person who

(a) is able to attend a premises within 30 minutes of a request by the fire department or monitoring service provider,

(b) has full access to the premises, and

(c) is able to secure the premises as directed by the fire department;

"dangerous goods" has the same meaning as in the Transport of Dangerous Goods Act;

"director" has the same meaning as in the Environmental Management Act;

"diseased vegetative debris" has the same meaning as prescribed under the Environmental Management Act;

"fall burn season" means the period of time from October 1 to November 30 in a year;

"false alarm" means the activation of an alarm system that results in the unwarranted attendance by the fire department, including the following:

(a) the activation of the alarm system during testing;

(b) the activation of the alarm system in error;

(c) the activation of the alarm system due to malfunction;

(d) the activation of the alarm system where there is no evidence of an unauthorized entry or attempted unauthorized entry to premises;

but does not include the following:

(e) the activation of the alarm system due to severe storm conditions;

(f) the activation of the alarm system due to a disruption caused by a utility company;

"fire alarm system" means a system intended to signal the presence of fire or a situation to which the fire department is or could reasonably be expected to respond;

"fire chief" means the person in charge of the fire department;

"Fire Code" means the most recent version of the British Columbia Fire Code adopted under the Fire Services Act;

"fire department" means the Abbotsford Fire Rescue Service and includes a person or organization performing duties or functions on behalf of the Abbots ford Fire Rescue Service;

"fire department connection" means a hose connection to the fire protection water system of a building for a pumper truck to supply and increase water pressure;

"fire hazard" means a condition that exists on or in a premises that endangers safety, life or property due to fire, including a condition arising from any of the following:

(a) the physical condition of the premises, including a defective or damaged structural component of the premises;

(b) the use or occupancy of the premises;

(c) the keeping of combustible, flammable, explosive or other hazardous materials or substances on or in the premises;

"fire protection technician" means a person certified under the Applied Science Technologists and Technicians Act to inspect and test fire protection systems;

"fuel break" means a barrier or a strip of land that has been modified or cleared to prevent the spread of a fire;

"incident" means an event that creates a risk or causes injury or damage to property to which the fire department would normally respond;

"member" means a person employed or retained by or acting voluntarily on behalf of the fire department, including the fire chief;

"monitoring service provider" means a person in the business of monitoring fire alarm systems and reporting occurrences of fire alarms to the fire department;

"motor vehicle" has the same meaning as in the Motor Vehicle Act;

"occupier" has the same meaning as in the Fire Services Act;

"open burning" has the same meaning as prescribed under the Environmental Management Act;

"open burning permit" means a permit issued by the fire chief authorizing open burning in accordance with Division 2 Open Burning of Part 5 Open Fires;

"open fire" has the same meaning as prescribed under the Environmental Management Act.

"parcel of land" has the same meaning as prescribed under the Environmental Management Act;

"permit" means a permit issued by or on behalf of the City under an enactment;

"premises" means, as the context requires, any of the following:

(a) a structure occupied or under construction as a private dwelling;

(b) a structure occupied or under construction as a public building;

(c) the real property on which a private dwelling or public building is located or under construction;

(d) a motor vehicle, railway vehicle, aircraft, vessel or other means of transportation;

"private dwelling" means any of the following:

(a) a structure that is occupied or under construction as a private residence;

(b) the part of a structure that is occupied or under construction as a private residence if only part of the structure is occupied as a private residence;

(c) any other structure located on the parcel of land on which a private residence is located, except for a structure

(i) to which the public is ordinarily invited or permitted access, or

(ii) that is used for commercial, industrial or institutional purposes;

"prohibited material" means the material listed in the definition of burning or incineration of prohibited material as prescribed under the Environmental Management Act;

"public building" has the same meaning as in the Fire Services Act;

"seasoned vegetative debris" has the same meaning as prescribed under the Environmental Management Act;

"spring burn season" means the period of time from March 1 to April 30 in a year;

"stream" means any of the following:

(a) a watercourse or body of water, whether or not usually containing water;

(b) any of the following that is connected by surface flow to a watercourse or body of water referred to in paragraph (a):

(i) a ditch, whether or not usually containing water;

(ii) a spring, whether or not usually containing water;

(iii) a wetland;

"urban development boundary" has the same meaning as in the Official Community Plan Bylaw;

"vacant premises" means a premises, except a motor vehicle, that is not occupied by a lawful occupier and

(a) from which water, sewer, gas or electrical service has been intentionally disconnected, other than for temporary maintenance or repair,

(b) is uninhabitable or unsuitable for other occupancy due to a fire hazard, or

(c) for which a demolition permit has been applied;

"vegetative debris" has the same meaning as prescribed under the Environmental Management Act;

"ventilation forecast" has the same meaning as prescribed under the Environmental Management Act.

Interpretation

3   The Interpretation Bylaw applies to this bylaw.

Application

4   This bylaw applies to all premises within the City.

Delegation of authority by fire chief

5   The fire chief may delegate the authority conferred on the fire chief under this bylaw to a person acting under the authority of the fire chief.

Conflict with another enactment

6   If there is a conflict between a provision of this bylaw and the Fire Services Act, the Fire Code or the Building Code, the provision of the Fire Services Act, the Fire Code or the Building Code prevails.

Reconsideration

7   A person who is subject to a decision or an order under this bylaw may apply for reconsideration of that decision or order by the council in accordance with the Appeal Procedure Bylaw.

Inspections

8   (1) The fire chief may exercise the powers under section 21 inspection of fire hazards of the Fire Services Act.

(2) The fire chief may enter a premises at any reasonable time to inspect for conditions that may

(a) cause a fire,

(b) increase the danger of a fire, or

(c) increase the danger to persons or property from a fire.

(3) The fire chief may conduct an inspection under subsection (2) for the purpose of complying with this bylaw or an enactment

(a) on receiving a complaint,

(b) without receiving a complaint if the fire chief believes a condition under subsection (2) exists on the premises, or

(c) on the request of an owner or occupier of a premises.

Entry where a fire has occurred

9   The fire chief may enter at any time to examine

(a) a premises where a fire has occurred, and

(b) a premises adjoining or near where a fire has occurred.

Compliance with Fire Code

10   The fire chief has the powers and duties of a local assistant under the Fire Code Administration Regulation.

Contact person fails to attend

11   The fire chief may enter a premises by any means at which a fire alarm system is activated if within 30 minutes an owner, occupier, contact person or any other person does not attend the premises to allow access to the premises.

General authority to make orders

12   (1) If the fire chief determines that a person has failed to comply with this bylaw, the fire chief may serve the person with an order requiring the person to comply with this bylaw.

(2) An order served under subsection (1) must set out the following:

(a) the name of the person;

(b) the date the order was made;

(c) the address or location affected by the order;

(d) the provision of this bylaw that the person contravened and a description of the circumstances of that contravention;

(e) an explanation of how to comply with the order;

(f) the date by which the person must comply with the order;

(g) the right of the person to request a reconsideration in accordance with the Appeal Procedure Bylaw;

(h) a statement that the City may impose a penalty or conviction for the offence of failing to comply with an order;

(i) any additional information required by law.

Order to remedy conditions

13   (1) The fire chief may exercise the powers under section 22 order to remedy conditions of the Fire Services Act.

(2) If the fire chief determines that an owner or occupier of a premises has contravened this bylaw, the fire chief may serve an order to the owner or occupier requiring that the owner or occupier comply with this bylaw and require that the owner or occupier do any of the following:

(a) remove, destroy or repair the premises;

(b) alter the use or occupancy of the premises;

(c) remove or secure combustible, flammable, explosive or other hazardous materials or substances on or in the premises;

(d) take other precautions against a fire hazard.

(3) An order served under subsection (2) must set out the following:

(a) the name of the owner or occupier;

(b) the date the order was made;

(c) the address of the premises affected by the order;

(d) the provision of this bylaw that the owner or occupier contravened and a description of the circumstances of that contravention;

(e) an explanation of how to comply with the order;

(f) the date by which the owner or occupier must comply with the order;

(g) the right of the owner or occupier to request a reconsideration in accordance with the Appeal Procedure Bylaw;

(h) a statement that the City may impose a penalty or conviction for the offence of failing to comply with an order;

(i) any additional information required by law.

Order to comply with Fire Code

14   (1) The fire chief may serve an order to an owner or occupier of a building or facility to bring the building or facility into compliance with the Fire Code.

(2) An order served under subsection (1) must set out the following:

(a) the name of the owner or occupier;

(b) the date the order was made;

(c) the address of the building or facility affected by the order;

(d) the provision of the Fire Code with which the owner or occupier must bring the building or facility into compliance;

(e) the date by which the owner or occupier must comply with the order;

(f) the right of the owner or occupier to request a reconsideration in accordance with the Appeal Procedure Bylaw;

(g) a statement that the City may impose a penalty or conviction for the offence of failing to comply with an order;

(h) any additional information required by law.

Prevention and suppression of fires

15   The fire chief may use any reasonable measures to prevent and suppress fires, including the demolition of buildings and other structures.

Emergency powers of fire commissioner

16   The fire chief may exercise the powers of the fire commissioner under section 25 emergencies of the Fire Services Act.

Amendment, suspension, or revocation of a permit

17   The fire chief may amend the terms or conditions under a permit, suspend the rights granted under a permit or revoke a permit if the fire chief has reasonable grounds to believe that the activity authorized under the permit

(a) may create a fire hazard,

(b) may cause emissions that may foul or contaminate the atmosphere in a manner that may disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public, or

(c) is in contravention of this bylaw or the terms and conditions of the permit.

Requirement to provide notice and reasons

18   If the fire chief amends, suspends or revokes a permit, the fire chief must give written notice to the applicant and provide the applicant with written reasons for the amendment, suspension or revocation.

Reinstatement of a permit

19   If the fire chief suspends the rights under a permit, the fire chief must set out the conditions for reinstatement of the rights under the permit in the notice under section 18 requirement to provide notice and reasons.

Hindrance of a member

20   A person must not hinder a member in the execution of the duties or authority of the member, including by doing any of the following:

(a) withholding or falsifying information;

(b) refusing to render assistance in connection with an inspection.

Refusal or neglect of access

21   A person must not refuse or neglect access to a member to a premises to which the member has the authority to access.

Prohibition of entry

22   A person must not enter a premises or an area

(a) threatened by an incident, or

(b) cordoned off by a member.

False representation

23   A person must not

(a) make a false representation as to the person being a member, or

(b) use any item or equipment that could reasonably cause another person to believe that the person is a member.

Driving over equipment

24   A person must not drive a vehicle over equipment of the fire department unless the person receives the consent of the member in command.

Failure to comply with directions

25   A person at or near an incident must not refuse or neglect to comply with directions given by a member.

False alarm

26   A person must not cause a false alarm.

Parking in contravention of a sign or markings

27   A person must not park a motor vehicle in contravention of a sign or markings indicating access for the fire department.

Requirement to report fire

28   An owner or occupier of a premises where a fire occurs must immediately report the fire to the fire chief.

Requirement to provide information relating to a fire

29   At the request of the fire chief, an owner, occupier, resident or employee of a premises where a fire occurs must provide to the fire department information that the person has relating to the fire or the premises damaged by the fire.

Requirement to secure premises

30   An owner or occupier of a premises damaged by fire must secure the premises against unauthorized entry in a manner acceptable to thefire chief within 2 hours after having knowledge that the fire has been extinguished.

Requirement to secure vacant premises

31   An owner or occupier of a vacant premises must secure the vacant premises against unauthorized entry in a manner acceptable to the fire chief within 24 hours after having knowledge that the premises is a vacant premises.

Fires in public places

32   A person must not start a fire in a public place if a fire is likely to

(a) endanger the safety of a person,

(b) cause damage to a property or a thing, or

(c) interfere with an activity.

Fire hazards

33   An owner or occupier of a premises must ensure that no fire hazard exists on or in the premises.

Accumulation of combustible material

34   An owner or occupier of a premises must not permit combustible material to accumulate in quantities or in locations on the premises that could create a fire hazard.

Accumulation of vegetation

35   An owner or occupier of real property must cut down and remove from the real property all vegetation that is susceptible to self-heating or self-ignition and could endanger the real property.

Residential fireplaces and woodstoves

36   A person must not fuel a residential fireplace or woodstove unless

(a) the material used is intended for use as fuel in residential fireplaces and woodstoves, and

(b) the material does not contain painted, treated or adhesive materials.

Outdoor cooking

37   A person must not use an outdoor cooking appliance unless the outdoor cooking appliance

(a) is specifically designed for cooking food,

(b) is used for cooking food, and

(c) is powered by electricity or fuelled by propane, natural gas or wood pellets.

Outdoor heating

38   A person must not use an outdoor heating appliance unless the outdoor heating appliance

(a) is specifically designed for heating,

(b) is used for heating, and

(c) is powered by electricity or fuelled by propane or natural gas.

Dangerous goods

39   A person who is responsible for dangerous goods which give rise to an incident due to the transport, storage or use of the dangerous goods, must clean up and completely dispose of the dangerous goods in a safe and prompt manner.

Garbage containers

40   (1) A commercial or communal garbage container that has a capacity of 90 litres or more must be stored in a location approved by the fire chief.

(2) The location where a commercial or communal garbage container is stored must be at least 5 metres from combustible material or an unprotected building opening unless

(a) the location cannot accommodate the 5-metre clearance,

(b) a non-combustible container with a non-combustible self-closing lid is used,

(c) the container is not a hold-open device,

(d) the container is stored at least one metre from combustible material and an unprotected building opening, and

(e) the container is placed in a location approved by the fire chief.

Activation

41   A person must not activate a fire alarm system unless

(a) there is a fire or explosion,

(b) the person believes that a fire or explosion is occurring or is imminent,

(c) the person believes that an incident to which the person believes the fire department would normally respond is occurring or is imminent, or

(d) the fire chief authorizes the person to activate the fire alarm system.

Monitoring service provider

42   The fire alarm system of a building required by the Building Code to have a fire alarm system must be continuously monitored by a monitoring service provider certified by Underwriters Laboratories of Canada for monitoring fire alarm systems.

Contact person

43   An owner or occupier of a premises with a fire alarm system must do the following:

(a) within 72 hours of installing a fire alarm system, give written notice to the fire department, in a form acceptable to the fire chief, of the names, addresses and telephone numbers of

(i) the monitoring service provider for the fire alarm system, and

(ii) at least 2 contact persons;

(b) within 7 days of any change to the name, address or telephone number of the monitoring service provider or contact person, give written notice to the fire department, in a form acceptable to the fire chief, of the change.

Testing, repair and maintenance

44   An owner or occupier of a premises must notify the monitoring service provider for the fire alarm system for the premises when carrying out testing, repair or maintenance to a fire alarm system.

Signs and markings for fire department access

45   (1) A sign or markings stating "Fire Lane – No Parking" must be posted on streets, yards and roadways provided for fire department access.

(2) If a street, yard or roadway provided for fire department access is secured by a gate, bollard, chain or other similar removable assemblies,

(a) a sign must be permanently mounted on each side of the removable assembly,

(b) the sign must display lettering of at least 7.5 centimetres by 6 centimetres, and

(c) the sign must state the following in the following order:

(i) "Emergency Access Only";

(ii) "No Parking";

(iii) "By Order of the Abbotsford Fire Rescue Service".

(3) The size and colour of a sign or markings must be approved by the fire chief before the installation of the sign or display of the markings.

Fire department connection

46   A fire department connection to a building to which the Building Code applies must be installed as follows:

(a) angled down at a 45-degree angle to impede the insertion of debris;

(b) at a height of one metre above the street or ground level;

(c) with caps using a 4-inch Storz-type fire department connection with a cap and securing chain or cable;

(d) located

(i) remotely from a building face,

(ii) away from a hazard, and

(iii) at least 1.5 metre from an ornamental light standard, utility pole, electrical kiosk or driveway;

(e) in a location accessible to the fire department and approved by the fire chief;

(f) clearly identified with signs indicating which building the fire department connection serves with the civic address or unit identification of the building.

Safety plan

47   (1) An owner of a building for which a fire safety plan is required under the Fire Code must prepare a pre-incident plan in cooperation with the fire department.

(2) The pre-incident plan must be prepared in accordance with NFPA 1620, Standard for Pre-Incident Planning (National Fire Protection Association 2020), as amended or replaced from time to time.

Electronic format

48   A fire safety plan and pre-incident plan must be submitted to the fire chief in a form and in an electronic format acceptable to the fire chief.

Review of plans by owner

49   (1) A fire safety plan and pre-incident plan must be reviewed at least every 12 months.

(2) A fire safety plan and pre-incident plan must be updated if there is a change to

(a) the use of the building, or

(b) the location where dangerous goods are stored or handled in a building.

Approval of updates

50   Updates to a fire safety plan or pre-incident plan must be approved by the fire chief.

Review of plans by fire department

51   The fee payable for a review of a fire safety plan or pre-incident plan is

(a) $100 for a plan for a building that is 6 storeys or less, and

(b) $200 for a plan for a building that is more than 6 storeys.

No open fires if ban imposed

52   An open fire is prohibited if a ban on igniting open fires is imposed by the fire department or the Province.

Conditions for campfires

53   A person must not light, fuel or use a campfire unless the following conditions are met:

(a) the fire is started within a fire pit provided by the City and the fire pit has not been closed by the City;

(b) the person is equipped with at least

(i) one fire-fighting hand tool, or

(ii) 8 litres of water;

(c) the fire burns wood or vegetation that is seasoned, dead and lying on the ground;

(d) the fire is no larger than 0.5 metres in height and 0.5 metres in width;

(e) it is safe to do so and is likely to continue to be safe;

(f) while the campfire is burning, the person ensures that the fire is watched and patrolled by a person to prevent the escape of fire;

(g) before leaving the area, the person ensures that the fire is extinguished and that the ashes are cool to the touch.

Conditions for ceremonial fires

54   (1) A person may light, fuel or use a ceremonial fire if the following conditions are met:

(a) the person notifies the fire department at least 24 hours before the ceremonial fire is to occur;

(b) the person establishes a fuel break around the burn area;

(c) while the fire is burning, the person ensures that

(i) the fuel break is maintained, and

(ii) the fire is watched and patrolled by a person to prevent the escape of fire;

(d) the person is equipped with at least

(i) one fire-fighting hand tool, or

(ii) 8 litres of water;

(e) the fire does not burn prohibited material;

(f) the fire burns material in one pile no larger than 0.6 metres in height and 0.75 metres in width;

(g) it is safe to do so and is likely to continue to be safe;

(h) before leaving the area, the person ensures that the fire is extinguished and that the ashes are cool to the touch.

(2) Despite subsection (1) (f), a person may burn materials of a different size if the person obtains the approval of the fire chief.

Compliance with bylaw

55   A person must not carry out open burning unless the open burning complies with this bylaw.

Open burning permit required

56   A person must obtain an open burning permit in order to carry on open burning.

Burning permit expiry

57   Subject to section 59, an open burning permit for

(a) the spring burn season expires on the last day of the spring burn season.

(b) the fall burn season expires on the last day of the fall burn season.

Open burning permit application

58   (1) A person applying for n open burning permit must

(a) submit an application through the online application system established by the City, and

(b) pay a fee of $50 for the open burning permit at the time the open burning permit application is submitted.

(2) A person may apply for an open burning permitt for

(a) the spring burn season, or

(b) the fall burn season.

Burning outside of burn seasons

59   A person must not carry out open burning outside of the burn seasons unless the person has obtained written approval from the Province and fire chief to carry out open burning outside of the burn seasons.

Number of open burnings in a year

60   A person must not carry out open burning on a single parcel of land on more than 12 days in a calendar year.

Notification requirements

61   At least 24 hours in advance of starting an open burning, a person must use reasonable efforts to notify the occupants and managers of the following places that are located within 500 metres of the parcel of land on which the open burning is to be carried out:

(a) a private dwelling;

(b) a business;

(c) a school;

(d) a community care facility.

Confirmation of open burning

62   A person must not carry out an open burning unless the person confirms the open burning with the fire department on the day the person intends to carry out the open burning.

Conditions when open burning starts

63   Despite any other provision in this bylaw, a person must not carry out an open burning if the mixing of air and smoke would likely cause the smoke that would be emitted by the open burning to

(a) negatively impact the urban development boundary, or

(b) significantly reduce visibility to a nearby airport or highway.

Ventilation forecast

64   A person must not carry out an open burning unless the ventilation forecast for the Fraser Valley is "good" for the day the open burning starts.

Timing of open burning

65   A person who carries out an open burning must ensure that the open burning

(a) does not start earlier than one hour after sunrise, and

(b) ends by the later of

(i) 4:00 p.m. on the same day the open burning starts, and

(ii) 2 hours before sunset on the same day the open burning starts.

Burn material permitted

66   A person who carries out an open burning must only burn seasoned vegetative debris that originates from agricultural production or processing.

Prohibited material

67   A person must not burn in an open burning

(a) prohibited material, or

(b) diseased vegetative debris, unless the person has

(i) obtained the verification or confirmation of the diseased vegetative debris under section 24 verification or confirmation of diseased vegetative debris of the Open Burning Smoke Control Regulation, and

(ii) notified the director in writing at least 24 hours before starting the open burning of the diseased vegetative debris.

Origin of materials

68   A person must not carry out open burning of material that does not originate from the parcel of land on which the open burning is to be carried out, unless the material originates from a parcel of land

(a) of which that person is the registered owner, and

(b) located within a 5 kilometre radius of the parcel of land on which the open burning is to be carried out.

Size of burn material

69   A person must not carry out open burning of material exceeding 10 centimetres in diameter.

Size of burn pile

70   A person must not carry out open burning of a pile exceeding 3 metres in width and 2 metres in height, unless the person obtains an open burning permit authorizing a larger burn pile.

Number of burn piles

71   A person must not carry out open burning of more than one pile at one time on a parcel of land.

Setbacks for open burning

72   Subject to section 73, a person who carries out an open burning must ensure that the open burning is carried out at least

(a) 15 metres from

(i) a hedge,

(ii) a fence,

(iii) a structure,

(iv) a stream,

(v) a power line,

(vi) a pipeline,

(vii) a telephone line, and

(viii) a public utility,

(b) 30 metres from a street,

(c) 100 metres from

(i) a private dwelling, and

(ii) a structure that contains a business in which persons carry on the business during regular business hours,

(d) 500 metres from the nearest property line of

(i) a school,

(ii) a community care facility, and

(iii) an airport, and

(e) 1,000 metres from the nearest property line of a hospital.

Setbacks for open burning using an air curtain incinerator

73   A person who carries out an open burning using an air curtain incinerator must ensure that the open burning is carried out at least

(a) 3 metres from

(i) a hedge, and

(ii) a fence,

(b) 6 metres from

(i) a structure,

(ii) a stream,

(iii) a power line,

(iv) a pipeline,

(v) a telephone line, and

(vi) a public utility,

(c) 30 metres from a street,

(d) 100 metres from

(i) a private dwelling, and

(ii) a structure that contains a business in which persons carry on the business during regular business hours,

(e) 500 metres from the nearest property line of

(i) a school,

(ii) a community care facility, and

(iii) an airport, and

(f) 1,000 metres from the nearest property line of a hospital.

Requirement to minimize amount of vegetative debris

74   Before carrying out an open burning, a person must ensure that every reasonable alternative for reducing, reusing or recycling the vegetative debris is used in order to minimize the amount of vegetative debris to be burned in the open burning.

Requirement to minimize smoke emissions

75   A person who carries out open burning must ensure that all reasonable efforts are taken to minimize the amount of smoke emitted by the open burning, including by doing the following:

(a) minimizing any soil content that may be mixed in with the seasoned vegetative debris;

(b) constructing the pile in a way that maximizes the air flow through the pile.

City action at defaulter's expense

76   The fire chief may direct that, if a person subject to a requirement under this bylaw fails to take the required action, the City may

(a) fulfill the requirement at the expense of the person, and

(b) recover the costs incurred from that person as a debt.

Recovery of fees and costs as special fees

77   If the City does work or provides services in relation to land or improvements, the City may recover the fees and costs incurred by the City as special fees in accordance with Division 14 Recovery of Special Fees of Part 7 Municipal Revenue of the Community Charter.

Incident costs

78   (1) A person must pay costs calculated in accordance with subsection (2) if the person does any of the following that results in an incident to which the fire department responds:

(a) causes damage to property by

(i) intentionally starting or adding fuel to a fire, or

(ii) using an explosive device or substance;

(b) summons the fire department without reasonable belief that an incident was imminent or occurring;

(c) contravenes this bylaw, a permit issued under this bylaw or an order issued under this bylaw;

(d) contravenes the Controlled Substance Property Bylaw.

(2) The cost that applies to the type of equipment used by the fire department set out in Column 1 of Table 1 is the cost set out in Column 2 of Table 1 opposite the type of equipment.

(3) The cost that applies to the type of unit dispatched by the fire department set out in Column 1 of Table 2 is the cost set out in Column 2 of Table 2 opposite the type of unit.

(4) The cost that applies to the member dispatched by the fire department set out in Column 1 of Table 3 is the cost set out in Column 2 of Table 3 opposite the member.

(5) The cost that applies to consumables used by the fire department is the actual costs of consumables used.

Dangerous goods

79   A person who fails to comply with section 39 dangerous goods must pay

(a) a fee calculated in accordance with section 78 incident costs,

(b) the costs incurred by the City to clean up and dispose of the dangerous goods,

(c) the costs incurred by the City to mitigate the incident, and

(d) the costs incurred by the City for the repair, decontamination and replacement of equipment damaged or contaminated while attending the incident.

Security alarms

80   An owner or occupier of a premises to which the fire department has attended in response to an activation of a security alarm system that has been routed to the fire department must pay a fee of $250 for each occasion that the fire department has attended in response to an activation of the security alarm system.

False alarms

81   (1) An owner or occupier of a premises to which the fire department has attended in response to a false alarm must pay the costs calculated in accordance with section 78 incident costs.

(2) For each subsequent occasion that the fire department has attended a premises in a 12-month period from the date of the most recent false alarm, in addition to the costs payable under subsection (1), an owner or occupier of the premises must pay a fee as follows:

(a) for a residential building of up to 4 dwelling units per lot, including a single-family dwelling, townhouse and duplex,

(i) $50 for a second false alarm,

(ii) $150 for a third false alarm,

(iii) $200 for a fourth false alarm, and

(iv) $400 for a fifth false alarm and each subsequent false alarm;

(b) for a residential building of more than 4 dwelling units per lot,

(i) $150 for a second false alarm,

(ii) $300 for a third false alarm,

(iii) $600 for a fourth false alarm, and

(iv) $1 200 for a fifth false alarm and each subsequent false alarm;

(c) for a commercial building, including a commercial building with residential units,

(i) $150 for a second false alarm,

(ii) $300 for a third false alarm,

(iii) $600 for a fourth false alarm, and

(iv) $1 200 for a fifth false alarm and each subsequent false alarm.

(3) The fire chief may waive a cost or fee payable under subsection (1) or (2) if the following conditions are met:

(a) the owner or occupier provides the fire chief with written evidence from a fire protection technician that improvements have been made to the premises to reduce or eliminate subsequent false alarms;

(b) the owner or occupier submits the evidence to the fire chief within 30 days of the most recent false alarm.

Fire alarm system testing

82   An owner or occupier must pay the costs calculated in accordance with section 78 incident costs if the owner or occupier fails to notify the fire alarm system monitoring service provider or fire department when carrying out testing, repair or maintenance to a fire alarm system and members attend the premises as a result of that failure.

Special events

83   (1) A person must pay the costs calculated in accordance with section 78 incident costs if any of the following applies:

(a) the person has a fire in connection with a special event;

(b) the person requests the attendance of the fire department at a special event;

(c) the fire chief considers that the supervision by members is necessary to ensure the safety of persons and property at a special event.

(2) Despite subsection (1), if a member attends a special event in accordance with the subsection (1) (b) or (c), the fee for the attendance of a member at a special event is

(a) $115 per hour for the attendance of the first member, and

(b) $85 per hour for the attendance of each additional member.

Inspections

84   The fee payable for an inspection or re-inspection of a premises by the fire department is $115 per hour.

Investigation and report under the Fire Services Act

85   If the fire department responds to a fire where damage to a premises is more than $2,500 and the fire department must complete an investigation and report under the Fire Services Act, the owner or occupier of the premises must pay a fee of $500.

Occupant loads

86   The fee payable for

(a) a calculation of occupant load under the Fire Code, including the sign stating the occupant load, is $50, and

(b) an occupant load sign is $25.

Comfort letter

87   The fee payable for a comfort letter identifying the dates of inspection of a building and whether the building complies with applicable codes and bylaws is $130.

Repeal

88   The following bylaws are repealed:

(a) False Alarm Bylaw, 1996;

(b) Fire Service Bylaw, 2006.