BY-LAW 87 — Being a By-Law of the Langford Fire Protection District, hereinafter referred to as the "L.F.P.D. BY-LAW", to provide for The Operation of a Fire Department

1. Interpretation

In this By-Law, unless the context otherwise requires:

• "apparatus" means any vehicle provided with machinery, devices, equipment or materials for firefighting as well as vehicles used to transport firefighters or supplies.
• "authorized" means authorized by the Chief of the Fire Department.
• "approved" means approved and acceptable to the Fire Chief of the District.
• "Board" means the Board of Trustees of the Langford Fire Protection District.
• "B.C. Fire code" means the B. C. Fire Code Regulation under the Fire Services Act.
• "building" means a structure that is used or intended to be used for supporting or sheltering persons or animals or property, except those prescribed by regulation as exempted from the Building Code.
• "career member" means a member within the permanent, fulltime staff of the Fire Department.
• "District" means the Langford Fire Protection District.
• "equipment" means any tools, contrivances, devices or materials used by the Fire Department to combat an incident or other emergency.
• "Fire Chief" means the person duly appointed as such from time to time by the Board and includes any person appointed or designated by the "Fire Chief" to act on his behalf.
• "garbage" means refuse from a kitchen consisting of meat, vegetable matter, egg shells and other like matter, including plastics.
• "incident" means a fire or a situation where a fire or explosion is imminent, and includes a rescue, and threat to life situation.
• "District" means the Langford Fire Protection District.
• "member" means any person or officer that is duly appointed by the Fire Chief as a member of the Fire Department and is registered as an employee of the District or a Volunteer Fire Department member.
• "occupancy" means the use or intended use of a building or part-thereof for the shelter or support of persons, animals or property.
• "officer" means any member of the Fire Department holding the rank of:
  1. Fire Chief
  2. Deputy Fire Chief
  3. Captain
  4. Lieutenant
• "premises" means a house or building together with its grounds and appurtenances.
• "Officer in Command" means the highest ranking Officer in attendance at an incident. In the event that an Officer is not in attendance at an incident, the most senior member in attendance at that incident will assume command in accordance with Section 9 hereto.

PART I — ADMINISTRATION

2. Confirmation of Fire Department

2.1

A Fire Department is hereby established and is known as the Langford Volunteer Fire Department.

2.2

The Trustees shall determine the remuneration of all career members of the Fire Department and volunteer members.

2.3

The Fire Department shall conduct its operations from 2775 Millstream Road, in the District of Langford in the Province of British Columbia and at such satellite locations as may be established from time to time by the Trustees.

2.4

The Trustees may enter into a contract or management agreement with all non-union management employees.

2.5

The Trustees may contract with the employees represented by Local 2848 of the International Association of Firefighters.

2.6

All contracts and agreements must contain the signature of both parties and District seal (M.A. 827-2).

2.7

The Deputy Chief shall report to and carry out the orders of the Fire Chief, and in the absence of the Fire Chief have all the powers and shall perform all the duties of the Fire Chief.

3. Confirmation and Appointment of Fire Chief

3.1

The position of Fire Chief as established is hereby confirmed.

3.2

The Fire Chief shall be appointed by a Resolution of the Board.

4. Responsibilities and Duties of Fire Chief

4.1

The Fire Chief is the Director of the Fire Department and is responsible for the efficient management of firefighters, apparatus, equipment and the provision of fire prevention and protection services to the District. The Fire Chief shall ensure that the Fire Department is manned with a balance of trained career and volunteer officers and members in accordance with the Board policy and direction.

4.2

The Fire Chief, subject to ratification by the Trustees, shall establish rules, regulations and policies, necessary for the proper organization and administration of the Fire Department including, but not limited to:

a) the use, care and protection of Fire Department property;
b) the conduct and discipline of officers and members of the Fire Department;
c) the safe and efficient operation of the Fire Department; and
d) the duties and responsibilities of officers and members.

4.3

The Fire Chief shall receive directives from the Board of Trustees through the Chairman of the Board of Trustees or his representative only and may request them to be in writing. This does not preclude counsel between the Fire Chief and any Board Member. The Fire Chief is not bound by the counsel of any individual Board Member.

4.4

The Fire Chief shall submit to the Board of Trustees for its approval an annual operations budget for the Fire Department.

4.5

The Fire Chief shall be responsible for all fire protection matters including the enforcement of the Fire Services Act and regulations thereunder, and shall assume the responsibilities of the Local Assistant to the Fire Commissioner.

5. Appointment and Accountability of Officers and Members

5.1

All Volunteer members shall be selected by the Fire Chief. The Fire Chief shall bring forward the names of any new members at the next regular meeting of the Board of Trustees for ratification of their appointment.

5.2

Career members shall be appointed by the Board of Trustees on the recommendation of the Fire Chief.

5.3

Volunteer Officers shall be selected by a committee consisting of:

a) Deputy Fire Chief
b) Captain
c) Captain
d) Lieutenant

The committee shall present their selection to the Fire Chief for appointment.

5.4

Volunteer Officers shall be appointed in sufficient numbers to provide adequate supervision at incidents and during training.

5.5

Both Career and Volunteer Officers are accountable to the Fire Chief for the actions and affairs of the members under their command.

5.6

All Officers are responsible for ensuring that any and all applicable District and Fire Department Policies, Procedures, Rules and Regulations are adhered to by members.

5.7

The Fire Chief shall be responsible for the dismissal of volunteer members of the Department.

5.8

The dismissal of volunteer members of the Fire Department may be subject to review by the Board of Trustees.

6. Fire Chief May Appoint Designate

6.1

The Fire Chief may appoint or designate other Officers of the Fire Department to act as Fire Chief on his behalf.

7. Rank Structure of Fire Department

7.1

The rank structure of the Fire Department, in descending order of seniority, shall be as follows:

a) Fire Chief
b) Deputy Fire Chief
c) Assistant Chief
d) Captain
e) Lieutenant
f) Firefighter

8. Jurisdiction of Fire Department and the Fire Chief

8.1

The limits of the jurisdiction of the Fire Chief and the Officers and members of the Fire Department will extend to the area and boundaries of the District as established by Letters Patent and no part of the fire apparatus shall be used in response to an incident beyond the geographical limits of the District except where:

a) The express authorization of a written contract or agreement provides for the supply of firefighting services outside the District boundaries, or
b) There is prior approval by a Resolution of the Trustees, or
c) There is, in the opinion of the Senior Officer, a compelling reason to respond.

8.2

The Fire Chief has complete responsibility and authority over the Fire Department subject to the direction and control of the Board to which he shall be responsible, and in particular he shall be required to carry out all fire protection activities and such other activities as the Board directs.

8.3

a) The Fire Chief may from time to time adopt directives and regulations to promote the proper, safe and efficient administration and operation of the Fire Department, to be known as STANDING DIRECTIVES. These will be kept on file on a clipboard and signed by the Fire Chief and he may vary, alter or repeal such Rules and Regulations as he shall from time to time deem fit and necessary.

b) Distribution of Standing Directives:

i) Fire Chief
ii) Deputy Fire Chief
iii) Officers
iv) District Secretary (Master Copy)
v) One posted in plain view at each Firehall
vi) Communication Division

c) At the end of each year these Standing Directives shall be reviewed by the Chief and subject to Trustees approval, added to the Policies and Procedures of the Department when they are considered to be of continued importance.

PART II — FIRE PROTECTION

9. Control, Direction and Management at Incident

9.1

The Fire Chief, or any Officer in Command at an incident, shall have control, direction and management of all Fire Department apparatus, equipment, or manpower assigned to an incident and, where an Officer in Command is in charge, he shall continue to act until relieved by a Senior Officer.

10. Authorization to Enter onto Premises and Property

10.1

The Fire Chief, or any Officer in Command at an incident, is empowered to enter premises or property where the incident occurred and to cause any member, apparatus or equipment of the Fire Department to enter, as he deems necessary, in order to combat, control or deal with the incident.

10.2

The Fire Chief, or any Officer in Command at an incident, is empowered to enter, pass through or over, tear down or remove, buildings or property adjacent to an incident and to cause members of the Fire Department and the apparatus and equipment of the Fire Department to enter or pass through or over buildings or property, where he deems it necessary to gain access to the incident or to protect any person or property.

11. Obstruction of Fire Department in Performance of Its Duties

11.1

No person shall impede, obstruct, abuse or in any way hinder the Fire Chief or any Officer in Command, or any Officer or member of the Fire Department in attendance at any incident, or any other person in attendance at any incident under the direction of the Fire Chief or Officer in Command.

12. Failure to Comply With Order or Direction of Fire Department

12.1

Anyone who fails to comply with an order or direction of the Fire Chief, or any Officer in Command, or any Officer or member of the Fire Department engaged at any incident, may be forcibly removed from the scene of any such incident by a Peace Officer or Officer or member of the Fire Department.

12.2

No person shall damage or destroy Fire Department Apparatus or Equipment.

12.3

No person at an incident shall drive a vehicle over any hose or other equipment without permission of the Fire Chief or the Officer in Charge.

12.4

The Fire Chief at a fire is empowered to cause a building, structure or thing to be pulled down, demolished or otherwise removed if he deems it necessary to prevent the spread of fire to other buildings, property, structures or things.

13. Evacuation of Buildings

13.1

The Officer in Command is empowered to order the evacuation of any building that is directly involved with fire or other risk to life. The Fire Chief, or his designate, is empowered to order the evacuation of a building, structure, or area which in his opinion is endangered by fire or other risk to life. In such cases no person, other than the Fire Chief, the Officer in Command, an Officer or member of the Fire Department, Peace Officer, or other person authorized by the Fire Chief or Officer in Command shall remain in or shall enter those buildings, structures or areas.

14. Demolition of Buildings

14.1

The Fire Chief at any incident is hereby empowered to cause to be pulled down or demolished any buildings, structures, or trees, or anything which may be an obstacle, when he considers it necessary to do so in order to prevent the spread of any fire.

15. Commandeering of Privately Owned Equipment

15.1

The Fire Chief at any incident is hereby empowered to commandeer privately owned equipment which he considers necessary to deal with such incident.

16. Interference With Free Access to Fire Hydrants

16.1

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

17. Impeding of Fire Department Equipment

17.1

No person shall obstruct, impede or interfere with any apparatus or equipment belonging to or being part of the Fire Department, while responding to, or while engaged in, the prevention or extinguishment of a fire.

17.2

The Fire Chief, or the Officer in Charge, at an incident may at his discretion establish boundaries or limits and prohibit persons from entering the area within the prescribed boundaries or limits unless authorized to enter by him.

17.3

No person shall enter the boundaries or limits of an area prescribed in accordance with Section 17.2 unless authorized to enter by the Fire Chief or the Officer in Charge.

17.4

The Fire Chief, or the Officer in Charge, at an incident may request Peace Officers to enforce restriction on persons entering within the boundaries or limits outlined in Section 17.2.

18. Interference with Egress or Access to Buildings

18.1

No person shall sit, stand, place or leave any article, thing or matter in such a manner as to interfere with the means of egress or access within or outside any building or premises.

19. Removal of Articles from Building or Yard Which Constitute a Fire Hazard

19.1

The owners or occupiers of any real property shall remove anything and everything from a building or yard which, in the opinion of the Fire Chief, constitutes a fire hazard or increases the danger of fire.

20. Vacant Buildings

20.1

The owner of any vacant building in the District shall at all times keep the building free from debris and flammable material, and shall keep all openings in the building securely fastened and closed so as to prevent the entry of unauthorized persons.

21. Debris from Lumbering, Land Clearing and Industrial Operations

21.1

Where the safety of forest, woodland, timber or other property is endangered by debris caused by lumbering, land clearing or industrial operation, the person carrying on, or who has carried on the operation, or the owner or occupier of the land on which the debris exists, shall dispose of the debris by burning or in any other manner, and shall cut down all dead standing trees and stubs within the area affected, and shall provide the labour and take the precautions to prevent the escape of fire or damage to property as the Fire Chief directs.

22. Restricted Districts

22.1

Where the Fire Chief, in consultation with the British Columbia Forest Service, considers that life or property is endangered by hazardous fire conditions, by the occurrence or spread of fire in a forest area, or by activities within a forest area, he may, in a notice published or broadcast, or both, in or near the area, order that:

a) After a date specified in the notice, and until an order is made under Section 22.2 (b) of the By-Law, the area is deemed to be a Restricted District; and
b) After a date specified in the notice, the area is no longer deemed to be a Restricted District.

22.2

No person shall, other than with the written consent of the Fire Chief:

a) Enter or be in the Restricted District for a purpose prohibited in the order; or
b) Carry on in, or within one (1) km of, a forest in the Restricted District, industrial or other operations, of a kind prohibited in the order.

22.3

Sections 22.1 and 22.2 would not otherwise prevent a person:

a) Who resides on land in a Restricted District, from travelling to and from, or occupying, his residence;
b) From using a highway, as defined in the Highway Act; or
c) From travelling to and from an industrial or other operation that is not of a kind prohibited in the order.

23. Containers for Collection of Combustible Refuse

23.1

All containers used for the collection of combustible refuse in quantities exceeding five (5) cubic feet shall be constructed entirely of solid sheet non-combustible material.

23.2

Each container shall have easy closing lids that must be operational at all times.

23.3

Containers shall be located at least ten (10) feet from any building or fuel supply tank unless otherwise approved by the Fire Chief.

23.4

Containers equipped with self-closing lids may be located within three (3) feet of a building or fuel supply tank.

24. System of Inspection of Buildings and Premises

24.1

In addition to the inspections required by Sections 26 and 28 of the Fire Services Act, the Fire Chief may institute and maintain a regular system of inspection of buildings and premises within the District in order to discover and correct any conditions constituting a fire hazard.

25. Impeding of Fire Prevention Activities

25.1

No person shall impede, or in any way hinder, an Officer or member of the Fire Department while operating in the interest of fire prevention within the District.

25.2

Every person guilty of an infraction under this By-Law shall be liable upon summary conviction to a fine not exceeding Two Thousand Dollars ($2000.00).

25.3

This By-Law comes into force and takes effect on the date of its adoption by the Trustees.

Citation and Adoption

This By-Law may be cited as the "By-Law No. 87".

INTRODUCED and given first reading by the Trustees on the 4th day of April 1989.

RECONSIDERED and finally passed by the Trustees on the 19th day of June, 1989.

I hereby certify under the seal of Langford Fire Protection District that this is a true copy of By-Law No. 87 of Langford Fire Protection District, passed by the Trustees on the 19th day of June, 1989.

A true copy of By-Law No. 87 registered in the office of the Inspector of Municipalities this [illegible] day of 19[illegible].