Interpretation

1   The Interpretation Bylaw applies to this bylaw.

Definitions

2   In this bylaw:

"abandoned" means, in relation to a storage tank system, not used for more than 2 years for the purpose of handling a petroleum product or an allied petroleum product;

"aboveground storage tank" means a storage tank with more than 90 percent of the storage tank volume above grade;

"approved professional" has the same meaning as in the Environmental Management Act;

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

"bylaw enforcement officer" has the same meaning as in the Bylaw Enforcement Bylaw;

"CAN/CSA-B139" means the Installation Code for Oil-Burning Equipment, CAN/CSA-B139, of the Canadian Standards Association, as amended from time to time;

"Code of Practice" means the Environmental Code of Practice for Aboveground and Underground Storage Tank Systems Containing Petroleum and Allied Petroleum Products;

"fire chief" has the same meaning as in the Fire Service Bylaw;

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

"oil burning equipment" means an appliance, fixture or equipment that uses oil for the purpose of generating heat, including burners, electrical apparatus and other equipment used in connection with generating heat, but does not include a storage tank;

"permit" means a permit issued by the fire chief under this bylaw;

"petroleum equipment installer" means a company or individual certified as a "Petroleum Equipment Installer" by the Industry Training Authority of British Columbia;

"professional engineer" has the same meaning as in the Engineers and Geoscientists Act;

"underground storage tank" means a storage tank with more than 90 percent of the storage tank volume below grade and the primary tank or double-wall tank is surrounded by or covered with backfill.

Definitions in the Code of Practice apply

3   Subject to section 2 and unless the context requires otherwise, the terms defined in the Code of Practice apply to this bylaw.

Delegation of authority by fire chief

4   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.

Permit required

5   A person must obtain a permit in order to carry on the following:

(a) the withdrawal from service of a storage tank;

(b) the withdrawal from service of oil burning equipment;

(c) work regulated under this bylaw.

Amendment, suspension, revocation of permit

6   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 is in contravention of

(a) this bylaw,

(b) the Fire Code,

(c) Code of Practice,

(d) the Fire Services Act, or

(e) the terms and conditions of the permit.

Payment of fees required before permit issued

7   A permit is not issued unless the fees and the security deposit under section 20 have been paid.

Order to comply with bylaw

8   (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) The order 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.

Reconsideration

9   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.

Conformance with codes, standards, enactments

10   (1) Subject to subsection (2), the installation and withdrawal from service of a storage tank system or oil burning equipment must be in conformance with the following:

(a) the Fire Code;

(b) the Building Code;

(c) CAN/CSA-B139;

(d) the Zoning Bylaw.

(2) The installation and withdrawal from service of a storage tank that is located on a farm and is more than 100 litres must be in conformance with the following:

(a) the National Farm Building Code of Canada;

(b) the Fire Code;

(c) the Building Code;

(d) CAN/CSA-B139;

(e) the Zoning Bylaw.

Inspection

11   (1) A person must not use a storage tank or oil burning equipment unless the fire chief has inspected and approved the storage tank or oil burning equipment.

(2) A person who has installed a storage tank or oil burning equipment or who has carried out work under a permit must obtain an inspection and approval of the fire chief within 14 days of completing the work.

Certification by professional engineer

12   Work done under this bylaw must be certified by a professional engineer to have been carried out in accordance with the following:

(a) the Fire Code;

(b) CAN/CSA-B139;

(c) the Building Code.

General requirements

13   If a storage tank system has been permanently removed from service or has been abandoned, the owner of the storage tank system must ensure that

(a) petroleum products and allied petroleum products are removed from the storage tank system,

(b) vapours are purged from the storage tank, piping, dispensing and transfer equipment of the storage tank system,

(c) the storage tank, piping, dispensing and transfer equipment are removed from the storage tank system,

(d) the piping is

(i) removed from the ground or purged of flammable liquid, combustible liquid and vapours, and

(ii) permanently sealed at the ends by caps or plugs, and

(e) soil contaminated with flammable liquid or combustible liquid is replaced with clean fill in a manner acceptable to the fire chief.

Removal by a certified installer

14   A storage tank system, or a component of a storage tank system, must be removed by a petroleum equipment installer.

Notice

15   The owner of a storage tank system must

(a) notify the fire chief within 30 days of a decision to remove a storage tank system, and

(b) provide information requested by the fire chief in respect of the removal.

Destruction upon disposal

16   If a storage tank is permanently removed from service and is to be disposed of, sufficient openings must be cut in the storage tank to render the storage tank unfit for further use.

Maintenance

17   (1) A storage tank must be maintained and tested for leaks in accordance with the following:

(a) Code of Practice;

(b) the Fire Code.

(2) The fire chief may order that a storage tank be tested for leaks if the fire chief has reasonable grounds to believe that a leak exists in the storage tank.

(3) The fire chief may order the following:

(a) if a leak is detected in an underground storage tank, that the underground storage tank be replaced;

(b) if a leak is detected in an aboveground storage tank, that the aboveground storage tank be repaired or replaced.

Site contamination

18   If a site is contaminated with petroleum products or allied petroleum products, the owner must provide the fire chief with a remediation report from an approved professional.

Compromise of foundation or structure

19   If the removal of an underground storage tank compromises a foundation or structure,

(a) the owner of the underground storage tank must notify the fire chief, and

(b) the owner may apply to abandon the underground storage tank in-place.

Fees

20   (1) The fee that applies to a permit set out in Column 1 of Table 1 is the fee set out in Column 2 of Table 1 opposite the type of permit.

(2) The fee to transfer a permit is $75.

(3) The fee for a site inspection and re-inspection is $115 per hour.

(4) The fee for a comfort letter identifying the dates of inspection and whether a building is in compliance with applicable codes and bylaws is $225 per property.

Repeal

21   Bylaw No. 2884-2018, "Petroleum Products Storage Tank Bylaw, 2018" is repealed.