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| This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date. |
1. In this Act
"advisory board" means the Fire Services Advisory Board established under section 4;
"district" means a fire district constituted under this Act;
"fire department" includes fire brigade;
"fire services personnel" means persons regularly employed by a municipal fire department, appointed as auxiliary members of a fire department, or acting voluntarily as fire fighters;
"hotel" includes
(a) an apartment house;
(b) a residential condominium building that has
(i) 2 or more levels of strata lots as defined in the Condominium Act, and,
(ii) one or more corridors that are common property as defined in the Condominium Act, and
(c) a boarding house, lodging house, club or any other building, except a private dwelling, where lodging is provided;
"local assistant" means a local assistant to the fire commissioner and includes
(a) in a municipality which maintains a fire department, the fire chief and persons authorized in writing by him to exercise the powers of a local assistant;
(b) in a municipality which does not maintain a fire department, the mayor of the municipality, provided that the fire commissioner may appoint some other person to act as the local assistant instead of the mayor;
(c) in any other part of the Province, a person appointed a local assistant by the fire commissioner;
"means of exit" means a continuous path of travel provided by a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp or other exit facility, or a combination of them, for the escape of persons from any point in a building, floor area, room or contained open space to a public thoroughfare or other unobstructed open space and includes exits and access to exits;
"occupier" includes tenant, lessee, agent and any other person who has the right of access to and control of a building or premises to which this Act applies;
"public building" includes warehouse, factory within the meaning of the Workplace Act, store, mill, school, hospital, theatre, public hall, office building and any building other than a private dwelling house;
"storey" means a division of a building between a floor, not below the grade level of the surrounding ground, and the floor or roof next above;
"superintendent" means the Superintendent of Financial Institutions under the Financial Institutions Act;
"taxable insurer" and "taxpayer" have the same meaning as in the Insurance Premium Tax Act.
Historical Note(s): RS1960-148-2(1),6(1),31; 1974-34-2; 1978-22-2,3; [amended 1981-11-20, to be proclaimed, amendment not included]; 1985-1-2, effective January 1, 1986 (B.C. Reg. 420/85); 1985-34-12, effective May 24, 1985 (B.C. Reg. 142/85); 1989-32-1; 1989-47-326.
[Editorial Note(s): see section 6 (2)]
Part 1 — Investigation, Prevention and Suppression of Fires
2. (1) The Lieutenant Governor in Council may appoint a fire commissioner, define his duties and determine his remuneration and other terms and conditions of employment.
(2) The Public Service Act and the Public Service Labour Relations Act do not apply to the fire commissioner.
(3) The Pension (Public Service) Act and Public Service Benefit Plan Act apply to the fire commissioner.
(4) Staff required for the work of the fire commissioner shall be appointed under the Public Service Act.
Historical Note(s): 1978-22-4.
3. (1) The fire commissioner shall, for fire prevention and inspection,
(a) collect and disseminate information about fires in the Province;
(b) investigate and inquire into a fire as he believes advisable;
(c) investigate conditions under which fires are likely to occur;
(d) study methods of fire prevention; and
(e) give the advice and recommendations he considers necessary on matters in subsection (2).
(2) Matters for advice and recommendation of the fire commissioner are
(a) provision of an adequate water supply;
(b) installation and maintenance of a fire alarm system and fire extinguishing equipment;
(c) enactment and enforcement of municipal bylaws for fire prevention or to protect life and property from fire;
(d) planning of a municipal area to protect against fire;
(e) lightning rods; and
(f) any other fire prevention and inspection matter.
(3) The fire commissioner shall, for fire suppression,
(a) consult with and give information and advice to fire chiefs and fire departments;
(b) establish, in consultation with the advisory board and subject to the minister's approval, minimum standards for selection and training of fire services personnel; and
(c) give the advice and recommendations he considers necessary on the establishment of fire departments.
(4) The fire commissioner shall help to enforce all enactments on combustibles, explosives and other flammable matter.
(5) The fire commissioner shall perform other duties required by the minister.
Historical Note(s): 1978-22-4.
4. (1) The Fire Services Advisory Board is established consisting of the fire commissioner as chairman and other members appointed by the Lieutenant Governor in Council.
(2) The members of the advisory board hold office for the term determined by the Lieutenant Governor in Council.
(3) Each member of the advisory board shall be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred by him in the discharge of his duties and, in addition, shall be paid the remuneration for his services fixed by the Lieutenant Governor in Council.
Historical Note(s): 1978-22-4.
5. The advisory board
(a) may advise the fire commissioner on all aspects of operational fire services;
(b) shall, on request of the minister, investigate and prepare a report on fire suppression; and
(c) shall perform other duties required by the minister.
Historical Note(s): 1978-22-4.
6. (1) There shall be local assistants to the fire commissioner who shall be subject to the provisions of this Act that apply to them.
(2) Where no local assistant has been appointed in a part of the Province not in a municipality, or the appointed local assistant has ceased to act, the member of the Provincial Police stationed in the district is local assistant until a local assistant is so appointed.
Historical Note(s): RS1960-148-6; 1974-34-4; 1978-22-2.
7. The fire commissioner, his inspectors and local assistants have the powers of a peace officer for the purposes of this Act.
Historical Note(s): 1974-34-5; 1978-22-2.
8. The fire commissioner may by notice in the Gazette constitute a part of the Province not included in a municipality into a fire district, and extend, reduce or annul the fire district.
Historical Note(s): RS1960-148-8; 1978-22-2.
9. (1) To ascertain whether a fire was due to accident, negligence or design, a local assistant shall, within 3 days after the fire, excluding holidays, investigate or have investigated in a general way the cause, origin and circumstances of each fire
(a) occurring in the municipality, district or part of the Province for which he is local assistant; and
(b) destroying or damaging property or as a result of which death has occurred.
(2) The local assistant shall, immediately after the investigation, send the fire commissioner on a form supplied by him a written statement of all facts ascertained about the cause, origin and circumstances of the fire, and any further information called for by the form.
Historical Note(s): RS1960-148-10(1,2); 1978-22-2.
10. The local assistant, the fire commissioner and his inspectors have authority at all times, by day or night, to enter and to examine a building, premises, motor vehicle, vessel or railway rolling stock where a fire has occurred, and, if necessary, those adjoining or near the fire. An investigator may exclude a person from the building, premises, motor vehicle, vessel or railway rolling stock where the fire has occurred.
Historical Note(s): RS1960-148-10(3); 1974-34-7; 1978-22-2.
11. (1) It is the duty of the occupier or, if none, of the owner of a building, premises, motor vehicle, vessel or railway rolling stock where a fire occurs to report the fire immediately to the local assistant, or to a Provincial or municipal police officer or constable in whose district the fire occurs.
(2) It is the duty of every owner and occupier of, and every person residing or employed at, a building, premises, motor vehicle, vessel or railway rolling stock where a fire occurs to furnish, at the request of the local assistant, fire commissioner or his inspectors, information he has relating to a fire or the property it destroyed or damaged.
Historical Note(s): RS1960-148-10(4); 1974-34-7; 1978-22-2.
12. There shall be paid out of the consolidated revenue fund to a local assistant for each fire investigated and reported by him to the satisfaction of the fire commissioner the sum fixed by regulation and his necessary expenses in obtaining requisite information.
Historical Note(s): RS1960-148-10(5); 1976-2-21; 1978-22-2.
13. Where the fire appears to be of suspicious origin, the local assistant and each insurer interested in the property destroyed or damaged by it shall immediately make a preliminary report to the fire commissioner, stating the name of the owner and occupier of the property, its location, use and occupancy, the date of the fire, and the facts that tend to establish the cause or origin of the fire. A preliminary report shall be in addition to the report under section 9 or 19.
Historical Note(s): RS1960-148-11; 1978-22-2; 1989-47-327.
14. (1) On receipt of a preliminary report, or in a case where he thinks it advisable, the fire commissioner may hold an inquiry into the cause, origin, and circumstances of the fire, or may direct a judge of the Provincial Court, Justice of the Peace or a competent person to hold the inquiry.
(2) A person directed by the fire commissioner to hold an inquiry shall without delay, on completion of the inquiry, send a report of the inquiry to the fire commissioner. The report shall give the person's opinion on the cause and origin of the fire and whether it appears to be of incendiary origin. The evidence taken at the inquiry shall also be sent to the fire commissioner.
Historical Note(s): RS1960-148-12(1,2); 1974-34-8; 1978-22-2.
15. Pending an inquiry under this section, the fire commissioner may permit the withholding of payment under a policy of insurance on property destroyed or damaged by the fire for a period not exceeding 90 days after completion of the proof of loss, notwithstanding a statutory provision or a condition in the policy to the contrary. The insurer and the insured shall be notified by registered letter of action under this section.
Historical Note(s): RS1960-148-12(3); 1978-22-2.
16. (1) Where the fire commissioner or a person holds an inquiry under this Part, sections 36 to 46, 48, 57 (2) and (3) and 58 (1) of the Offence Act apply, with the necessary changes except that in applying section 58 (1), the limitation on adjournment is 30 days.
(2) The fire commissioner or a person holding an inquiry has power to
(a) enter, as set out in section 10;
(b) hold the inquiry in private, to exclude persons not required or permitted by this Act to be present, and to keep witnesses apart from each other so that they may not communicate with each other until they have been examined;
(c) employ the technical, scientific, clerical or other assistance he considers necessary; and
(d) require the assistance of peace officers.
(3) For an inquiry in a municipality, other than the Cities of Vancouver and Victoria, the municipality shall, if no suitable place in a Provincial building is available, at the request of the fire commissioner provide a suitable place to hold the inquiry. If none is provided, one may be procured at the expense of the municipality.
(4) The fees payable to justices and to witnesses under the Offence Act are payable, with the necessary changes, for an inquiry under this Part, but no fees are payable to a judge of the Provincial Court. Fees and necessary expenses shall be paid out of the consolidated revenue fund.
Historical Note(s): RS1960-148-13(1,3,4); 1974-34-9; 1978-22-2.
17. A person interested may appear at an inquiry and be heard in person or by counsel.
Historical Note(s): RS1960-148-13(2).
18. Where there is evidence sufficient to charge a person with the crime of arson, or an attempt to commit arson, the fire commissioner shall at once report to the Attorney General, and furnish him with the evidence he possesses, and the names of witnesses.
Historical Note(s): RS1960-148-14; 1978-22-2.
19. (1) Each taxable insurer shall furnish to the fire commissioner at the end of each calendar month a report, in the form provided, of every fire in which it is interested as insurer occurring in the Province during the month.
(2) In the case of any insurance claim made against any insurer other than a taxable insurer, in respect of a fire occurring in the Province, the person making or adjusting the claim shall furnish to the fire commissioner a report in the form provided.
Historical Note(s): RS1960-148-15; 1974-34-10; 1978-22-2; 1989-47-328.
20. (1) The fire commissioner shall keep in his office a statistical record, open for public inspection, of all fires reported to him.
(2) The fire commissioner may allow a person to inspect a document in his office relating to a fire reported to him and may supply a person with a copy of a document on payment of 30¢ a page.
Historical Note(s): RS1960-148-16; 1974-34-11; 1978-22-2.
21. On complaint of a person interested or, if believed advisable, without complaint, the fire commissioner and his inspectors may at all reasonable hours enter any premises anywhere in the Province to inspect them and ascertain whether or not
(a) the premises are in a state of disrepair that a fire starting in them might spread rapidly to endanger life or other property;
(b) the premises are so used or occupied that fire would endanger life or property;
(c) combustible or explosive material is kept or other flammable conditions exist on the premises so as to endanger life or property;
(d) a fire hazard exists on the premises.
Historical Note(s): RS1960-148-17(1); 1974-34-12; 1978-22-2.
22. (1) After an inspection the fire commissioner, or an inspector with his authority, may in writing order that within a reasonable time, to be fixed by the order,
(a) where section 21 (a) applies, the owner remove or destroy the premises, or the owner or occupier repair the premises;
(b) where section 21 (b) applies, the owner or occupier alter the use or occupancy of the premises;
(c) where section 21 (c) applies, the occupier remove or keep securely the combustible or explosive material or remedy the flammable conditions;
(d) where section 21 (d) applies, the owner or occupier remove or take proper precautions against the fire hazard.
(2) The owner, occupier or person in charge shall after the receipt of an order comply with it.
(3) The cost of complying with an order shall, in the absence of an agreement to the contrary, be borne by the owner. Where, on the owner's default, the occupier pays the cost, the occupier has a right of action or set off against the owner for the cost actually and necessarily paid in complying with the order.
Historical Note(s): RS1960-148-17(2,3); 1974-34-12; 1978-22-2.
23. (1) Where there is no occupier of premises about which an order is made, and the owner is absent from the Province or his whereabouts is unknown, the fire commissioner may carry out an order involving an expenditure of not more than $100 and, with the approval of the Attorney General, any other order.
(2) Where the land on which the premises are situate is in a municipality, the fire commissioner shall certify to its treasurer the costs actually and necessarily incurred in carrying out the order. The treasurer shall pay the amount to the fire commissioner from the ordinary revenue of the municipality. The amount forms a special lien, within section 438 of the Municipal Act, on the land and the improvements in favour of the municipality, and shall for all purposes be delinquent taxes on the land under the Municipal Act from the date of the payment. The Municipal Act applies to collection and recovery.
(3) Where the land on which the premises are situated is a rural area, the fire commissioner shall certify the cost to the surveyor of taxes, and the costs shall then form a lien and charge on the land in favour of the Crown and shall for all purposes be delinquent taxes from the date of the certificate. The Taxation (Rural Area) Act applies to collection and recovery. Money recovered shall be accounted for as part of the consolidated revenue fund.
Historical Note(s): RS1960-148-17(4); 1978-22-2.
24. A local assistant may, in the municipality or part of the Province for which he is local assistant, exercise the powers conferred by sections 21 and 22 and, with the written approval of the fire commissioner, the powers conferred by section 23.
Historical Note(s): RS1960-148-18; 1978-22-2.
25. (1) If an emergency arising from a fire hazard or from a risk of explosion causes the fire commissioner to be apprehensive of imminent and serious danger to life or property, or of a panic, he may immediately take the steps he thinks advisable to remove the hazard or risk. He may evacuate a building or area, and may call on the police and fire prevention authorities having jurisdiction to assist him.
(2) Where the fire commissioner believes that conditions exist in or near a hotel or public building, that, in the event of a fire, might seriously endanger life or property, he may immediately take the action he believes advisable to remedy the conditions to eliminate the danger and he may evacuate and close the hotel or public building. He may call on peace officers and fire prevention authorities to assist him.
(3) An appeal by petition to the Supreme Court may be taken by a person injuriously affected by the closure of a hotel or public building under subsection (2).
(4) The petition must be filed in the court registry within 5 days after the order of closure and the fire commissioner must be given notice in writing of the petition.
(5) The court may make any order it considers just and an appeal lies to the Court of Appeal with leave of a justice of the Court of Appeal.
Historical Note(s): RS1960-148-19; 1974-34-13; 1978-22-2; 1982-7-51, proclaimed effective September 7, 1981; 1989-40-91.
26. (1) Each municipal council shall provide for a regular system of inspection of hotels and public buildings in the municipality.
(2) A municipal council may authorize persons, in addition to the local assistant, to exercise within the municipality some or all of the powers under sections 21 to 23.
Historical Note(s): 1992-45-2.
27. (1) Where a local assistant makes an order under sections 21 to 24 to remove or to keep secure combustible or explosive material or to remedy a flammable condition, the occupier may, by registered letter mailed within 48 hours after receipt of the order, appeal to the fire commissioner.
(2) Where a local assistant makes an order under sections 21 to 24 to repair, remove or destroy premises, or to alter the use or occupancy of premises, or to remove or to take proper precautions against a fire hazard, the owner or occupier may, by registered letter mailed within 10 days after receipt of the order, appeal to the fire commissioner.
(3) The fire commissioner shall promptly investigate each appeal, affirm, modify or revoke the order appealed from, and in writing communicate his decision and his reasons to the owner or occupier and to the maker of the order.
Historical Note(s): RS1960-148-21; 1974-34-14; 1978-22-2.
28. (1) Where an order under section 21, 22, 23, 24, 27 or 30 involves the loss or expenditure of more than $500, the owner or occupier, if dissatisfied with the order or decision, may, within 5 days of its receipt apply for review of it by petition to the Supreme Court.
(1.1) An application under subsection (1) shall be commenced at a registry of the Supreme Court located in the judicial district where the property lies.
(2) The owner or occupier shall file the petition with the registrar of the court and give notice of it in writing to the fire commissioner.
(3) The court shall hear and determine the appeal and make the order it believes proper. The decision is final, except that on a point of law an appeal lies to the Court of Appeal.
Historical Note(s): RS1960-148-22; 1974-34-15; 1978-22-2; [re-enacted 1981-11-21, to be proclaimed, re-enactment not included]; 1989-40-92.
29. (1) The fire commissioner may delegate in writing any of his powers, duties or functions respecting an appeal under this Act or the regulations.
(2) The decision of a delegate is a decision of the fire commissioner for the purposes of section 28.
Historical Note(s): 1978-22-6; 1985-1-3, effective April 1, 1985 (B.C. Reg. 69/85).
30. (1) An owner or occupier of a hotel or public building shall provide means of exit from the hotel or public building in accordance with the building regulations made under the Municipal Act. The owner or occupier shall keep the means of exit unobstructed and in good repair.
(2) The fire commissioner may order an owner or occupier of a hotel or public building to provide or make alterations to
(a) fire and smoke detection, fire alarm, fire extinguishing and emergency lighting systems; and
(b) means of exit, regardless of subsection (1).
(3) A local assistant may order an owner or occupier of a hotel or public building to provide or make alterations to systems of fire and smoke detection, fire alarm, fire extinguishing and emergency lighting and means of exit, to the extent that the order does not set requirements which exceed those established by the building regulations made under the Municipal Act.
Historical Note(s): 1974-34-16; 1978-22-2,7; [amended 1981-11-22, to be proclaimed, amendment not included]; 1990-57-14.
31. An owner or occupier of a hotel or public building which is required under this Part to have a means of exit shall
(a) keep posted in all main halls and at the intersections of all cross halls of the hotel or public building conspicuous signs indicating the means of exit;
(b) keep posted in each apartment or room a conspicuous notice describing the means of exit, with instructions to be followed in the event of fire;
(c) where the building is occupied, ensure that the means of exit has approved illumination, and where the illumination is artificial, has an approved emergency lighting system;
(d) provide an alarm gong or similar equipment required by regulation;
(e) where the fire commissioner orders, provide and keep in good repair a sprinkler system of an approved type;
(f) ensure that smoke and fire doors or closures are kept closed when not in use for access, unless they are automatically controlled by an approved fire or smoke detection system;
(g) for a hotel, hospital, community care facility or other building with sleeping accommodation and used for the care of persons, adopt, and have the employees in the building practise, an approved fire drill system;
(h) for a school, child care facility, children's home or other institution for children's education or care, adopt, and have all persons in the premises practise, an approved fire drill system.
Historical Note(s): RS1960-148-25; 1974-34-18; 1978-22-2; [repealed 1981-11-23, to be proclaimed].
32. In section 31 "approved" means approved by the fire commissioner.
Historical Note(s): RS1960-148-25; 1974-34-18; 1978-22-2; [repealed 1981-11-23, to be proclaimed].
33. An owner or occupier of a church, school, theatre, hall, skating rink or other building used as a place of public resort shall keep in good repair one or more sufficient means of exit in addition to the principal entrance.
Historical Note(s): RS1960-148-26; 1974-34-19; [repealed 1981-11-23, to be proclaimed].
34. The outside doors and the main inside doors of a building used as a church, school, theatre, hall or place of public resort shall open freely outward, and, while the building is so used, shall not be bolted, locked or otherwise secured shut or obstructed in a manner that, in the opinion of the fire commissioner, prevents the rapid exit of persons inside the building. The gates in a fence enclosing a building so used shall, if not hung to open outward, be kept open by proper fastenings when the building is so used.
Historical Note(s): RS1960-148-27; 1974-34-20; 1978-22-2; [repealed 1981-11-23, to be proclaimed].
35. Where the owner or occupier of a hotel or public building fails to provide or keep in good repair or alter or improve a means of exit, alarm gong or other equipment required by this Part, the local assistant authorized by this Part to inspect the hotel or public building may in writing order the owner or occupier to comply with the requirement within a reasonable time stated in the order. He shall deliver the order to the owner or occupier, who shall comply with it.
Historical Note(s): RS1960-148-28(1); 1974-34-21; [amended 1981-11-24, to be proclaimed, amendment not included].
36. The owner or occupier may, within 10 days after the receipt of the order, appeal to the fire commissioner. Section 27 applies and, if the order involves the expenditure of a sum exceeding $500, section 28 also applies.
Historical Note(s): RS1960-148-28(2); 1974-34-21; 1978-22-2; [re-enacted 1981-11-25, to be proclaimed, re-enactment not included].
37. The cost of providing, keeping in good repair, altering and improving a means of exit, alarm gong or other similar equipment under this Part shall be governed by the rules in section 22 (3).
Historical Note(s): RS1960-148-29; 1974-34-22.
38. (1) In this section "building" includes a hotel, public building, church, theatre, hall or other building used as a place of public resort; and "officer" means a local assistant and, in a municipality, the chief police officer and any other person authorized by the municipal council to exercise some or all of a local assistant's powers under this Part.
(1.1) and (1,.2) [Repealed RS1979-133-38 (1.2), effective June 30, 1987.]
(2) An officer has power at any time to enter a building to inspect it and ascertain whether this Part is being complied with.
(3) Each municipal council shall provide for a regular system of inspection by an officer of buildings in the municipality.
(4) The fire commissioner and his inspectors may exercise anywhere in the Province the powers of an officer.
(5) An inspector under the Workplace Act or regulations made under it has the powers of an officer for a factory in the area for which he is appointed.
Historical Note(s): RS1960-148-30; 1974-34-23; 1978-22-2; [amended 1981-11-26, to be proclaimed, amendment not included]; 1985-7-11; RS1979-133-38(1.2), effective June 30, 1987; 1985-34-13, effective May 24, 1985 (B.C. Reg. 142/85).
48. (1) In this section, "commissioner" means commissioner as defined in the Insurance Premium Tax Act.
(2) A taxable insurer shall pay to the commissioner a tax equal to the portion prescribed by the Lieutenant Governor in Council of the aggregate of the premiums and assessments received or receivable by the company in 1983 or any subsequent calendar year for policies insuring property against a fire hazard situated in the Province, other than automobiles, after deducting the following:
(a) premiums or assessments on property insurance ceded to the taxable insurer by another taxable insurer;
(b) property insurance premiums or assessments returned;
(c) the cash value of dividends paid or credited to property insurance policy holders.
(3) A taxpayer other than a taxable insurer shall pay to the commissioner a tax equal to the portion prescribed by the Lieutenant Governor in Council of the
(a) premium or assessment paid or payable;
(b) premium Note given, or
(c) mutual or other liability assumed
under an insurance contract referred to in paragraph (b) of the definition of "taxpayer" in the Insurance Premium Tax Act, for each insurance contract that is made in respect of a fire hazard.
(4) [Repealed 1989-47-329.]
Historical Note(s): 1982-49-1, effective January 1, 1983, see transitional provision, 1982-49-5; 1987-9-18, effective June 9, 1987 (B.C. Reg. 156/87); 1987-18-2; 1988-15-3; 1989-47-329.
49. The Insurance Premium Tax Act applies in respect of the tax payable under section 48 of this Act as if the tax were payable under the Insurance Premium Tax Act.
Historical Note(s): 1989-47-330.
51. (1) The fire commissioner shall keep an account of the money expended in the administration of this Act, and shall furnish the Lieutenant Governor in Council with the information he may require to fix the rate of tax under section 48.
(2) The Commissioner of Income Tax shall keep an account of the amounts received by him under section 48, and on request shall furnish the fire commissioner with a statement of them.
Historical Note(s): RS1960-148-45(6,7); 1978-22-2; 1982-49-3, effective January 1, 1983; 1987-18-3.
52. All licence and other fees, money and fines collected or recovered under this Act or regulations shall be accounted for as part of the consolidated revenue fund.
Historical Note(s): RS1960-148-16(2),17(4)(d),37,45(5).
53. (1) The fire commissioner shall issue a metal badge, with a serial number, to each local assistant and to each person authorized by a municipal council under section 26. The person to whom it is issued shall wear and on request exhibit his badge when engaged in the performance of his duties under this Act.
(2) The badge shall be returned when the authority of the holder under this Act ceases.
Historical Note(s): RS1960-148-46; 1978-22-2.
54. The fire commissioner shall submit to the minister, by April 1 in each year, a detailed report of his administration made up to the preceding December 31.
Historical Note(s): RS1960-148-47; 1978-22-2.
55. No action or proceeding shall, without the leave of the Attorney General, be brought or taken against the fire commissioner, or a local assistant to him or an officer on his staff for anything done or omitted in the performance or intended performance of duties under this Act.
Historical Note(s): RS1960-148-48; 1978-22-2.
56. A person commits an offence who
(a) obstructs the fire commissioner or a local assistant or other person in the execution of his duties under this Act;
(b) refuses or neglects to admit to any building or premises for any purpose of this Act the fire commissioner or a local assistant or other person who under this Act is entitled to enter; or
(c) violates a provision of this Act or regulations where no separate offence is provided.
Historical Note(s): RS1960-148-42; 1974-34-28; 1978-22-2.
57. An owner or occupier of a building or premises who fails to comply with an order made under this Act commits an offence and is liable on conviction to the penalties provided in the Offence Act, and in the case of a continuing offence to a further penalty not exceeding $50 for each day during which the offence continues.
Historical Note(s): RS1960-148-43; 1974-34-29.
58. A local assistant who refuses or neglects to comply with a requirement of this Act or the regulations commits an offence and is liable, on conviction, to a fine of not more than $100.
Historical Note(s): RS1960-148-44; 1974-34-30.
59. (1) The Lieutenant Governor in Council may make regulations.
(2) Without limiting subsection (1), the regulations may
(a) regulate manufacturing or trades dangerous in causing or promoting fire;
(b) regulate the manufacture, storage, carriage, sale and disposal of a combustible, explosive or flammable matter;
(c) regulate or prohibit dealing in, keeping for sale or disposing of a fireball, firecracker, squib, cannon cracker, basket bomb, giant cracker, sky rocket, Roman candle, mine, torpedo or other firework;
(d) [Repealed 1985-1-5, effective January 1, 1986 (B.C. Reg. 420/85).]
(e) govern, with regulations similar or different for different classes of buildings or different conditions, the location, construction, occupancy, ventilation and safety of community halls, hospitals, nurses' residences, nursing homes, children's homes, apartment houses, public garages, churches, theatres, office buildings, public halls and other public buildings and places of a public or semi-public nature designated for this paragraph by regulation;
(f) regulate or prohibit the maintenance, installation or use in any building or premises, or the sale, of an appliance, fixture or thing likely to cause or promote fire;
(g) standardize hose couplings and connections;
(h) adopt the whole or part of the National Fire Code of Canada, and any other code, or standard on fire standards and fire safety, and to amend a code or standard adopted under this paragraph;
(i) for the purpose of adopting a code or standard under paragraph (h)
(i) designate one or more persons to be responsible for the administration and enforcement of the code or standard and prescribe the powers and duties of that person, and
(ii) establish a system of appeal from a decision made by a person under the codes or standards adopted.
Historical Note(s): RS1960-148-49(1,2); 1978-22-8; 1980-13-1; 1982-49-4, effective April 6, 1984 (B.C. Reg. 91/84); 1985-1-5, effective January 1, 1986 (B.C. Reg. 420/85).
60. (1) Nothing in this Act prevents a municipality from making bylaws relating to a matter within the scope of this Act, but only so far as they are not repugnant to this Act or the regulations.
(2) Nothing in this Act absolves a municipality from its duty to enforce a law or regulation relating to a matter under this Act.
Historical Note(s): RS1960-148-49(4),50; [re-enacted 1981-11-27, to be proclaimed, re-enactment not included].
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