Agenda Index City of Vancouver

POLICY REPORT
PUBLIC SAFETY

TO: Standing Committee of City Council on Planning and Environment

FROM: General Manager of Fire and Rescue Services

SUBJECT: Amendments to the Vancouver Fire By-law

RECOMMENDATION

COUNCIL POLICY

The current edition of the Vancouver Fire By-law was approved by City Council on November 1, 1992 and was revised with minor amendments in November 1996. The latest edition of the B.C. Fire Code was adopted on December 1, 1998 where there are changes which are not in the Vancouver Fire By-law. Council has in the past taken the position that Vancouver should be in line with the Provincial standards as much as possible, while maintaining some of the clauses that deal specifically with the issues that are unique in Vancouver.

BACKGROUND

Similar to the Vancouver Building By-law, this set of changes in the Fire By-law reflects mainly changes in the B.C. Fire Code. Most of the changes are non-controversial in nature. Most of the changes are adopted in whole from the B.C. Fire Code, which is in line with the National Fire Code. There are some areas where Vancouver will be different from the provincial standards. We have consulted with the Fire Commissioner’s Office regarding these items and received general support to the deviation.

There are some items worthy of more explanation to Council and are seeking Council’s direction and support:

A. Appeal Procedure

Under the Fire Services Act, the provincial code has a procedure set up where an applicant can first appeal any code requirement to the Fire Commissioner, and can further appeal the decision to the Supreme Court. Even though the Fire By-law is similar to the B.C. Fire Code, due to jurisdictional power, we are proposing to maintain our status as a non-appealable by-law. There are many city by-laws that are non-appealable. For a by-law that provides minimum standards for life safety, we feel if the By-law is appealable, then an owner or applicant may drag the issues out pending appeal. In the meantime, we will have an unsafe situation. There is no appeal process in the existing Fire By-law, and we are proposing to maintain the same status.

B. Smoke Alarms

The B.C. Fire Code left it up to the local Authority Having Jurisdiction to decide whether the smoke alarms within dwelling units should be battery operated or hard-wired. To be in line with the Building By-law where all smoke alarms must be hard-wired, we are recommending all new installation of smoke alarms must be hard-wired. A smoke alarm is permitted to be battery operated if it was previously ordered in by the Fire Department and maintained in working condition. Where a smoke alarm is replaced, it must be replaced by a hard-wired unit or with a 10-year lithium battery sealed unit (that prevents the battery to be removed). It is also proposed to put the onus on the owner to provide the smoke alarms and on the tenant to maintain the smoke alarm. The requirements are not applicable to single family dwellings.

C. Recycling Bins Storage

Engineering introduced a City wide apartment recycling program earlier this summer which mandates all apartment owners to have three 80 gallons bins made of combustible material to be stored inside or outside the buildings. This initiative as proposed introduced a non-conformity in the Fire By-Law. We worked with the Solid Waste Management Group in Engineering to come up with a set of By-law clauses that will work for Engineering’s requirement while maintaining a level of fire safety on storage of combustible materials inside and outside the buildings.

D. Fastening of Chairs in an Assembly Space

The B.C. Fire Code included in its latest revision regulations on how non-fixed seats should be set up in an assembly space. One of the requirements is where the occupant load exceeds 200 persons, the seats in a row must be fastened together. The intent is not to have all the loose chairs blocking the exit path. The introduction of this new clause causes concerns with the Vancouver School Board because their existing chair stock does not allow them to be fastened together. The School Board is seeking a relaxation, with an understanding that any new chairs that they purchase in the future will have to comply. The wording for this proposed B.C. clause is amended to make allowances to the Vancouver School Board and other similar hardship cases.

E. Roof Storage and General Storage

The existing clauses in the Fire Bylaw does not allow for combustible storage on the roof and combustible material stored without a fire rated enclosure. There have been recent examples of a high pile storage of combustible car bumpers on a roof and storage of firewood in an apartment garage that cause the Fire Chief to review the storage requirements in the Fire By-law. By amending the clauses, the Fire Chief can accept alternative solutions to allow for the storage. The acceptable manner of storing combustibles will need to be addressed in the individual case. Where an acceptable solution cannot be reached, the storage of the combustible material will not be permitted under the Fire By-law.

F. Professional Engineer Designs

The Fire Bylaw has the term “good engineering practice” in many clauses, which is a common term use in the industry. However, the interpretation of what is good engineering practice can be vague. The Fire By-law is amended to reflect what the Fire Chief is seeking as “good engineering practice”. For some devices, it may mean the Fire Chief is seeking the equipment be designed by a Professional Engineer. In other cases, it may mean the installation should be reviewed and supervised by a Professional Engineer. It is not intended

to create new industry standards, but to mirror in specifics what are generally acceptable “good engineering practices”. The amended clauses were circulated to a few industry contacts and to the Fire Commissioner’s Office for comments.

G. Double Walled Storage Tanks

Under policy, new storage tank installations are required to be double walled construction when a permit is sought. It is recognized that the double walled tanks are inherently more safe against leakage and contamination. This was done under the technical documents that are referenced in the Fire Bylaw. However, unless one possesses the particular technical reference, it is difficult to locate the requirement. The Fire Chief is therefore proposing to include a requirement in the Fire By-law which specifies all underground storage tanks and their associated piping to be of double walled construction.

H. Canopy Fire Protection System

It was the wish of Council to have the Fire By-law and License By-law to include some regulations which would address the tragic accident at a gas station in 1987 that resulted in a fire death. Training requirement for attending staff and an automatic dry chemical extinguishing system were mandated in the Fire By-law and License By-law to address this. The gas station industry has improved its technologies and gas safety measures tremendously since 1987 by mandating amongst themselves to refurbish old gas equipment. New gas pumps all have automatic shut-off valves and break-away hose coupling to prevent gas from pouring out of the pump should the pump gets knocked over. Since the introduction of the extinguishing systems, there have been a few accidental discharges, where depending on the wind conditions, were shown to be ineffective in its coverage. In one incident there was a car fire under the gas station canopy and the system discharged directly onto the burning car, but the system did not suppress the fire ( it controlled the fire until the Fire Department arrived). Seeing that the gas dispensing technologies have improved and the canopy suppression systems are not that effective, the Fire Chief is proposing an amendment to not requiring the gas station canopy fire suppression systems if an acceptable method of dispensing fuel is demonstrated. The Fire Chief is further proposing to delete the requirement from the License Bylaw clause 25.1 where a person cannot carry on the business of a self-service station unless it is equipped with the suppression system. It is felt by both the Fire Chief and the Chief License Inspector that this clause is in the wrong enforceable by-law.

I. Minimum Age to Dispense Fuel

There were some complaints to our Fire Prevention Office regarding the complainant seeing a young child pumping gas without adult supervision. There appears to be a lack of regulation on the minimum age on handling flammable liquids. The Fire Chief is proposing a clause in the Fire By-law where the minimum age is 16 years old to operate a fuel dispenser, unless the minor is directly supervised by an adult. This hopefully will put some onus back onto the adult who is with the minor on the minor’s actions at a fuel dispensing site. This should not limit the age of employment should there be an adult there supervising anyone under the age of 16.

J. Outdoor Storage, Hotworks, and Laboratories

New sections are introduced in the B.C. Fire Code on outdoor storage of products such as lumber and rubber tires, hotworks (welding and soldering), and laboratories where flammable liquids and combustible liquids are handled. These sections are copied over in general to the Fire By-law.

K. Truck Routes Transporting Explosives

The Fire Chief sees the need to update the Fire Bylaw to reflect the new roads that go to the Ports. There are two routes that no longer exists in the existing reference. There were some concerns raised by the Chief Communication Officer of the E-Comm Building that the proposed explosives truck route passes by the building on the east side. Discussions were made with Engineering and the Police Department to come up with an alternative route. However, any alternative route will take the dangerous goods load through residential neighbourhoods. It is also proposed to reduce the individual shipment of explosives from 1,250 kg to 250 kg. The proposed routes are attached in appendix A. The B.C. Fire Code also deleted many clauses that regulates tank vehicles since it is covered under the Federal Transportation of Dangerous Goods Act, and the Fire By-law is proposed to have the same deletions.

L. Fee Changes

The last fee schedule change in the Fire By-law was in the 1996 amendments where the hourly rate was increased from $70 to $85. The Fire Chief is proposing to increase the hourly rate from $85 to $100 in this By-law amendments. Other permits or activities are adjusted accordingly. The proposed fee schedule is attached.

M. Price of the By-law

The Fire Department has to pay a royalty back to the National Research Council for duplicating parts of the By-law. Staff is researching into the best printing cost. The price of the By-law is not finalized but it anticipated to be close the price of the B.C. Fire Code which retails for $60.

CONCLUSION

The intention for this By-law change is to aligned City of Vancouver’s fire regulations with the Provincial Code. We have addressed some of the major differences above which may have some impact to certain groups. The changes are not expected to be controversial in nature. The Fire Department will be bringing in front of Council in the new year changes in fireworks regulations, false alarm reduction, and a high-rise upgrade program which are not included in this set of proposed changes.

- - - - -

Appendix A:
(only clauses referenced in the discussion section are listed here for information)

2.1.3.3. Smoke Alarms (see Appendix A)

(1) Except as permitted in sentence (4), the owner of any hotel and public building as defined in the Act shall install in the building smoke alarms conforming to CAN/ULC S531-M “Smoke Alarms”.
(1) Smoke alarms conforming to CAN/ULC-S531, “AStandard for Smoke Alarms” shall be installed each dwelling unit and, except for institutional occupancies required to have a fire alarm system, in each sleeping room not within a dwelling unit.

2) Smoke alarms shall be installed, inspected, tested and maintained in conformance with the manufacturers’ instructions. (See Appendix A for 6.1.1.4.)

(3) Except as permitted in sentence (4), smoke alarms shall be installed with permanent connections to an electrical circuit and shall have no disconnect switches between the overcurrent device and the smoke alarm.

(4) Where the installation of a battery operated smoke alarm was required previously by the Fire Chief, the smoke alarm is permitted to remain in substitution of sentence (1).

(5) When the smoke alarm referred to in sentence (4) is removed, it shall be replaced with a smoke alarm that complies with sentence (3) for electrical supply, or an acceptable battery operated smoke alarm. (see Appendix A)

(6)(2) Smoke alarms within dwelling units shall be installed between each area containing sleeping rooms and the remainder of the dwelling unit, and where the sleeping areas are served by hallways, the smoke alarms shall be installed in the hallways.

(7) (4) Where more than one smoke alarm is required in a dwelling unit, each smoke alarm shall be so wired that the activation of one alarm will cause all alarms in the dwelling unit to sound.

(5) Smoke alarms shall be installed in conformance with CAN/ULC-S553-M86 “A Standard for the Installation of Smoke Alarms”.

(8) (6) Smoke alarms shall be kept installed and shall be maintained in working condition by the owner or occupant. (#7595 96.07.23)

2.4.1. Combustible Materials

2.4.1.1. Accumulation of Combustible Materials

1) Except as provided in sentence 2.4.1.5.,combustible materials in and around buildings shall not be permitted to accumulate in such quantities or locations that will constitute a fire hazard. (#7595 96.07.23)

(4) Unless otherwise acceptable to the Fire Chief, combustible materials shall not be stored on a roof or adjacent to any building. so as to create a fire hazard to the building or its occupants.

2.4.1.2.(1) Storage Rooms for Combustible Waste Materials. Where rooms are provided for thestorage of combustible waste materials, such rooms shall conform to the Building By-law.

2) Not withstanding other requirement in this subsection, storage of combustible recycling materials shall comply with sentence 2.4.1.5.

2.4.1.5. Recycling Bins

(1) Where the recycling bins are placed inside a building, they must be located:
(a) in an enclosed garbage room with minimum 2 hour fire resistance rating, or
(b) in a sprinklered floor area.

(2) The recycling bins referred to in sentence (1)(b) must be:
a) 1 m away from combustible construction, and
b) 3 m away from an exit and not obstruct an exit.

(3) Where the recycling bins are placed outside a building, they must be located so that they:
a) do not impede the path of exit from the building, and
b) are located 4 m vertically and 1.5m horizontally away from any openable windows that serve a bedroom.

(4) Where the bins are located under a noncombustible shelter or are located 3m away from the building face, the clearances in sentence 2.4.1.5.(3)(b) need not be provided.

2.7.1.5. Nonfixed Seating

2.18.1.4. Nonfixed row seating provided in places of public assembly area shall conform with the requirements of the Building By-law for fixed seating. (#7595 96.07.23)

1) When nonfixed seats are provided in assembly occupancies,
a) except as provided in Sentence (3), the seats shall be arranged in rows having an unobstructed passage of not less than 400 mm between rows measured horizontally between plumb lines from the backs of the seats in one row and the edges of the furthest forward projection of the seats in the next row behind in the unoccupied position,
b) except as provided in Sentence (2), aisles shall be located so that there are not more than 7 seats between every seat and the nearest aisle,
c) except as provided in Sentence (2), the clear width of an aisle in millimetres shall be not less than the greater of 1 100 or the product of the number of seats served by that aisle and 6.1.,
d) the width of an aisle is permitted to be reduced to not less than 750 mm when serving 60 seats or fewer,
e) dead-end aisles shall not be longer than 6 m, and
f) except as provided in Sentence (3) or otherwise acceptable to the Fire Chief , when the occupant load exceeds 200 persons,
i) the seats in a row shall be fastened together in units of no fewer than 8 seats, or
ii) where there are 7 seats or fewer in a row, all the seats in the row shall be fastened together. (see Appendix A)

The following are 3 Examples of Wording Change in lieu of “good engineering practice”:

3.2.3.3. (4) For closed prepackaged containers of distilled beverage alcohol, the sprinkler system referred to in Sentence (1) shall be designed in conformance with good engineering practice by a professional engineer or be otherwise acceptable to the Fire Chief. (See Appendix A.)

3.2.7.9. 3.3.6.11. Fire Suppression Systems

(1) Except as permitted in Sentences (2) and (3) and in Part 4, buildings used for the storage of dangerous goods regulated by this Subsection shall be equipped throughout with a sprinkler or other fire suppression system, designed by a professional engineer in conformance with Part 6 and good engineering practice with respect to specific dangerous goods. (See Appendix A.)

4.9.3.3. Storage Tank Vents. Normal and emergency vents shall be provided on storage tanks and be designed by a professional engineer. in conformance with good engineering practice. (See Appendix A.)

4.3.8.11. Double Wall Tanks and Piping
(1) Notwithstanding other requirements in this By-law, all underground storage tanks and their associated piping must be of double-walled construction.

4.5.8.6.(4) Every person dispensing flammable liquids and combustible liquids shall:

(a) take precautions to prevent overflow or spillage of the liquid being dispensed,
(b) not knowingly overfill the fuel system,
(c) subject to Article 4.5.8.5., in the event of spillage immediately apply an absorbent material to soak up the spillage in conformance with Article 4.1.6.3.
(c) in the event of spillage immediately apply an acceptable absorbent material to soak up the spillage, except as provided in Article 4.5.8.6. and
(d) not dispense Class I or II liquids in proximity to open sources of ignition, and
(d) not dispense flammable liquids and combustible liquids with a flash point below 60?C in proximity to open sources of ignition.
(e) not use any object or device that is not an integral part of the hose nozzle valve assembly to maintain the flow of fuel.
(f) be at least 16 years old unless the person is supervised directly by an adult.

4.5.10.3. Dry Chemical Extinguishing System

(1) Except as permitted in sentence (2), an automatic dry chemical extinguishing system in compliance with Section 6.8 shall be provided at all fuel dispensing stations.

(2) Where an acceptable method of dispensing fuel is demonstrated to the Fire Chief, the automatic extinguishing system referred to in sentence (1) is not required. (See Appendix A)

4.5.11.3. Dry Chemical Extinguishing System. An approved automatic dry chemical extinguishing system installed in compliance with Section 6.8 shall be provided at all unattended self-service outlets and at all self-service outlets constructed after June 23, 1987.

Table 5.9.1.A

Route “A”

1. Entering the City of Vancouver on Freeway #1, Westbound:

b) go through the intersection of Cassiar and Hastings
c) left on McGill/PNE/Bridgeway St exit
d) go along Triumph Street and go under the underpass, left on McGill
e) right on Commissioner Street which is connected to Steward St to Ballantyne Pier

2. Entering the City of Vancouver Eastbound on Freeway #1 towards the Ports:
a) after crossing the bridge, right on McGill exit and follow the same route as Route A-1 towards the piers.

3. Leaving the Piers to get onto Freeway #1 Westbound:
take route A-2 in reverse.

4. Leaving the Pier to get onto Freeway #1 Eastbound:
take route A-1 in reverse.

ENTERING THE CITY OF VANCOUVER ON FREEWAY #1, WESTBOUND:
(a) use Hastings Street off-ramp (Exit 26) to Hastings Street;
(b) left (west) on Hastings Street;
(c) right (north) on Renfrew Street (Renfrew Street becomes Commissioner Street);

(d) left (south) on Victoria Drive;
(e) right (west) on Powell Street;
(d) right (north) on Main Street over Main Street overpass; and
(e) right (west) on Waterfront Road to C.P. Pier A-3.

Transporting explosives from C.P. Pier A-3 to the City limits, this route shall be used in reverse except;

PROCEEDING SOUTH ON MAIN STREET:
(a) left (east) on Cordova Street (Cordova Street becomes Powell Street); and
(b) left (north) on Victoria Drive; and right (east) on Commissioner Street, etc.

Route “C”

ENTERING THE CITY OF VANCOUVER ON FREEWAY #1, WESTBOUND:

(a) use the Hastings Street off ramp (Exit 26) to Hastings Street;
(b) cross Hastings Street; and use the Freeway on-ramp for return to Freeway #1, west

(Vehicles transporting explosives shall not use the tunnel portion of Freeway #1, east or westbound.)

Transporting explosives eastbound on Freeway #1, this route shall be used in reverse.

5.9.1.3. 5.19.1.3. Quantity of Explosives

(1) The quantity of explosives permitted on any combination of vehicles transporting individual shipments in the City on routes “A” and “B” of Table 5.9.1. 5.19.1.(A) shall be no more than 250 kg 1,250 kg. per single trip.

(2) The quantity of explosives permitted on any combination of vehicles transporting individual shipments in the city on route “C” of Table 5.19.1.(A) shall be no more than 5,000 kg. per single trip.

* * * * *

pe000113.htm

Comments or questions? You can send us email.
[City Homepage] [Get In Touch]

(c) 1998 City of Vancouver