Municipality of North Cowichan Protective Services Committee AGENDA

Transcription

1 Municipality of North Cowichan Protective Services Committee AGENDA Tuesday, November 28, 2017, 3:00 p.m. Municipal Hall - Maple Bay Meeting Room Pages 1. CALL TO ORDER 2. APPROVAL OF AGENDA Recommendation: That the Committee approve the agenda as circulated [or as amended]. 3. ADOPTION OF MINUTES 2-4 Recommendation: That the Committee adopt the minutes of the meeting held June 19, BUSINESS 4.1 Fireworks Bylaw Review 5-10 Purpose: To review the November 24, 2017 staff report regarding a review of "Fireworks Bylaw 1974". Recommendation: That the Committee recommend that Council amend Fireworks Bylaw 1974 to restrict fireworks permits to January 1 st, July 1 st, and October 31 st and require requests for other dates be approved by Council. 4.2 Scene Release Form and Operational Guideline Change Purpose: To review the Scene Release Form and proposed changes to Operational Guideline (post fire operations), (as recommended by the Administrative Chiefs' on November 7, 2017). Recommendation: That the Committee recommend that Council adopt revised Operational Guideline Fire Chiefs' Reports NEW BUSINESS 6. ADJOURNMENT Purpose: To review the Fire Chiefs' reports for the Crofton and Maple Bay fire halls.

2 Municipality of North Cowichan Protective Services Committee MINUTES June 19, 2017, 3:00 p.m. Municipal Hall - Council Chambers Members Present Staff Present Others Present Councillor Tom Walker, Chair Councillor Maeve Maguire Councillor Al Siebring Mayor Jon Lefebure (ex-officio) Andy Laidlaw, Acting Chief Administrative Officer Mark Frame, Director of Financial Services Inspector Ray Carfantan, OiC, RCMP Ken Rukus, Crofton Fire Chief Mike Dunn, Maple Bay Fire Chief Mary Beth MacKenzie, Recording Secretary Carol Ann Rolls 1. CALL TO ORDER There being a quorum present, the Chair called the meeting to order at 3:00 p.m. 2. APPROVAL OF AGENDA That the Committee approve the agenda as amended to reword item 4.1 to "Additional Municipal/Provincial Resources Request - North Cowichan/Duncan Detachment". CARRIED 3. ADOPTION OF MINUTES That the Committee adopt the minutes of the meeting held February 28, CARRIED 4. BUSINESS 4.1 Additional Municipal/Provincial Resources Request - North Cowichan/Duncan Detachment Inspector Ray Carfantan, North Cowichan/Duncan RCMP Detachment, summarized his report requesting an increase of two general duty constable positions to the RCMP s Regular Member (RM) Resources for the fiscal year Noting there has not been any increase in RM resources since 2012, he further indicated the considerable increase in calls for service, a 29% increase over 2012, and a case load per member 27% over the 1 2

3 June 19, Protective Services Committee Minutes average for municipalities over 15,000 population. This has resulted in a considerable loss of time spent on proactive policing. The Committee discussed the added burden this placed on existing officers, and the need for the Province to increase its complement of members. That the Committee received Inspector Carfantan s report requesting an increase in general duty constable positions for CARRIED 4.2 Policing Contract The Committee continued the discussion noting the immediate need for two additional general duty constable positions. That the Committee recommend that Council direct staff to provide the RCMP with a letter of approval-in-principle stating that: 1. North Cowichan requests two additional members to its detachment strength of 31 for a total of 33 for the 2018/2019 fiscal year, and 2. the budget estimate that is approved in principle is $6.13 million at 100% (North Cowichan is responsible for 90%). Amendment: That the Committee amend the main motion to 1. strike out two additional members and insert one additional member, 2. strike out 33 and insert 32, and 3. strike out $6.13 million and insert $5.99 million. CARRIED Main Motion As Amended That the Committee recommend that Council direct staff to provide the RCMP with a "Letter of Approval in Principle" stating that 1. North Cowichan requests one additional member to its detachment strength of 31 for a total of 32 for the 2018/2019 fiscal year, and 2. the budget estimate that is approved in principle is $5.99 million at 100% (North Cowichan is responsible for at 90%). CARRIED That the Committee recommend that Council authorize the Mayor to send a letter to the Solicitor General advising of North Cowichan's intention to add one additional member to its RCMP detachment strength of 31 for a total of 32, and request that the Province increase its complement. CARRIED 2 3

4 4.3 Fire Chiefs' Reports June 19, Protective Services Committee Minutes The Committee heard a verbal report from the Crofton Fire Chief, and reviewed the South End, Maple Bay and Chemainus Fire Chiefs written reports providing information on membership, incidents and training at the individual fire halls. The Crofton Fire Chief expressed concerns regarding vehicle and member safety due to the poor condition of Crofton Road. Advising that the community of Crofton would be bringing media attention to this issue, the Chief Administrative Officer cautioned that there could not be any involvement by fire fighters acting as representatives of the Crofton Fire Department / Municipality of North Cowichan. That Committee recommend that Council authorize the Mayor to send a letter to the Ministry of Transportation and Highways asking for immediate improvements to Crofton Road to decrease emergency response times and damage to emergency vehicles. CARRIED 5. NEW BUSINESS None. 6. ADJOURNMENT The meeting ended at 4:14 p.m. Signed by Chair Certified by Recording Secretary 3 4

5 Report Date November 24, 2017 File: FIRE To Protective Services Committee From Alyssa Meiner, Deputy Director of Corporate Services Endorsed: Subject Fireworks Bylaw Review Purpose To review the current Fireworks Bylaw and consider making changes to Fireworks Bylaw Background The current Fireworks Bylaw was adopted in 1974, and last amended in The Fireworks Bylaw prohibits the sale of fireworks in North Cowichan and prohibits possession and discharge of fireworks in North Cowichan without written permission from the Municipal Clerk. Written permission is obtained through an approved Fireworks Discharge Permit. Additional administrative procedures were added in 2016 to the fireworks permit application process to help mitigate safety concerns and ensure neighbours and livestock owners in the surrounding area are notified. Currently, a person supervising a fireworks display must confirm they will abide by fireworks permit information pertaining to notice, restriction during fire ban, and safe handling of fireworks. This includes notifying neighbours at least 24 hours before fireworks display and ensuring livestock and pet owners in area have been notified. All approved fireworks displays must be finished by 10 pm (except New Years) and not last longer than 30 minutes. Every year we receive fireworks related complaints and questions from the public about the fireworks permit process. Fireworks complaints in North Cowichan are likely the result of fireworks being discharged without a valid permit. Generally speaking, those that apply for and are issued a fireworks permit are responsibly conducting a safe fireworks display for their family, friends, and neighbours. In terms of enforcement, there is currently an ability for tickets ($200) to be issued by RCMP officers and municipal bylaw compliance officers for unlawfully possessing or discharging fireworks. The Cowichan Valley Regional District (CVRD) Bylaw restricts firework permits to January 1 st, July 1 st, and October 31 st and special request dates must be approved by the CVRD Board. There is also a requirement that fireworks not be discharged within 500 m of livestock property (land where livestock is raised, reared or grazes). In North Cowichan, there are currently no restrictions with respect to dates fireworks permits may be issued. In 2017, North Cowichan Fireworks Discharge Permits were issued for the following dates: July 1, Sept. 2, Oct. 6, Oct. 28 (x7), Oct. 31 (x9), Nov. 4, and Dec Trans-Canada Highway Box 278 Duncan, BC V9L 3X4 Ph Fax

6 Page 2 Options 1. (Recommended) Restrict fireworks permits to January 1 st, July 1 st, and October 31 st and require requests for other dates be approved Council. 2. Add a requirement that fireworks not be discharged within 500 m of a livestock property. 3. Make no changes to the Fireworks Bylaw. 4. Prohibit the discharge of fireworks in North Cowichan. Implications Limiting permitted fireworks displays to January 1 st, July 1 st, and October 31 st would provide consistency with Recommendation That the Committee recommend that Council amend Fireworks Bylaw 1974 to restrict fireworks permits to January 1 st, July 1 st, and October 31 st and require requests for other dates be approved by Council. Attachments: Bylaw No. 1579, Fireworks Bylaw Application for Fireworks Discharge Permit 7030 Trans-Canada Highway Box 278 Duncan, BC V9L 3X4 Ph Fax

7 THE CORPORATION OF THE DISTRICT OF NORTH COWICHAN BYLAW NO A Bylaw To Ban The Sale, Possession, And Use Of Fireworks This bylaw is consolidated under section 139 of the Community Charter and is printed by authority of the corporate officer. Pursuant to section 139 (3) of the Community Charter, a printed document purporting (a) to be a copy of a bylaw consolidated under this section, and (b) to be printed by authority of the corporate officer is proof, in the absence of evidence to the contrary, of the original bylaw, of all bylaws amending it and of the fact of adoption of the original and all amending bylaws. Amendment Bylaw SEP 17, 2003 Adopted on September 11, The Municipal Council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: 1 In this bylaw, fireworks includes cannon-crackers, fireballs, firecrackers, mines, Roman Candles, sky-rockets, squibs, torpedoes, and such other explosives as may be designated as such by the Lieutenant-Governor in Council. 2 a) No person shall sell, dispose of, directly or indirectly, any fireworks of any kind at any time within the Municipality. b) No person shall fire or set off fireworks or have in his possession fireworks of any nature or any kind at any time within the Municipality. BL Notwithstanding the provisions of this bylaw, fireworks may be sold to and discharged by any organization conducting a public or private display if such display is held with the written permission of the Clerk of the Municipality and is adequately supervised. 4 Every person who offends against any of the provisions of this bylaw or who suffers or permits any act or thing to be done in contravention of any of the provisions of this bylaw, shall be guilty of an infraction of this bylaw and shall be liable, on summary conviction, to a fine and penalty of not less than $50.00 nor more than $ Bylaw 1314, being the Fireworks Bylaw 1970, is hereby repealed. 6 This bylaw may be cited as the Fireworks Bylaw Bylaw readings First reading September 4, 1974 Second reading September 4, 1974 Third reading September 4, 1974 A. VandeCasteyen, Municipal Clerk G.C. Smith, Mayor Date B 1 B 7

8 APPLICATION FOR FIREWORKS DISCHARGE PERMIT 7030 Trans Canada Highway, Box 278 Duncan, BC V9L 3X4 Please submit your application at least 72 hours before Telephone: (250) the date of your proposed fireworks display Fax: (250) Organization conducting fireworks display Name: Describe: Nature of Display: Public display Private display Individual responsible for fireworks display Name: Address: Phone: Fireworks display details Property address: Date: Start & end time: (expected) Fireworks display should not last longer than 30 minutes, and must be finished by 10:00 p.m., except for New Years. Site location and fireworks to be used: (describe) I confirm that I will personally supervise this fireworks display, and that I have read and will abide by the attached information regarding notice, restriction during fire ban, and safe handling of fireworks. Initials I have read, understood and signed the attached Release and Indemnity form. Initials Signature of person responsible for fireworks discharge Date Permit approved by: Director of Corporate Services or Deputy Date Pc: RCMP, North Cowichan/Duncan Detachment and MNC Bylaw Compliance Officer 8

9 FIREWORKS PERMIT INFORMATION Notice of Fireworks Please notify neighbours (adjacent property owners and inhabitants) at least 24 hours before your fireworks display. Respectful communication goes a long way for healthy neighbourly relations and minimizing disturbances. Be aware of livestock and pets in your area and ensure owners have been notified. No Fireworks during fire ban Do not discharge fireworks when there is a municipal fire ban in effect. You must check the current status of fire bans. This permit does not ensure compliance with fire bans. Safe Handling of Fireworks Only discharge fireworks in a clear open space, away from fire hazards such as trees, dry grass, buildings, etc. Read the instructions. Keep all spectators the distance recommended on instructions or at least 30 m away. Keep a charged hose or bucket of water close by in the event of a malfunction or fire and soak the area when done. Keep a fire extinguisher on site. Protect your eyes with safety glasses/goggles. Regular prescription glasses or sunglasses provide little or no protection and may contribute to an injury. Light fireworks on a hard, flat and level surface to ensure stability. Check wind direction and speed; fireworks should be lit with the prevailing wind blowing away from spectators. Do not set off aerial fireworks in strong winds. During the display, store and cover unused fireworks away from the firing area. Never put any part of your body over the fireworks. Never hold fireworks in your hand while lighting them. Never smoke while handling fireworks. Never store fireworks in pockets. Never attempt to re-light a misfire or dud. Never let children handle, play, or discharge fireworks under any circumstances. Never throw fireworks at anyone or anything including: people, pets, cars, or buildings. 30 minutes after the display has finished: o check the firing area for duds, o place any duds in a bucket of water for at least 30 minutes, and o clean-up all debris. Check the firing area again the next morning to see if any further clean-up is required. Personal information is collected by the Municipality of North Cowichan under the authority of section 26(c) of the Freedom of Information and Protection of Privacy Act for the purpose of administering fireworks discharge permits. Should you have any questions about the collection, use or disclosure of this personal information, please contact the Deputy Director of Corporate Services at the number or address listed above. 2 9

10 FIREWORKS PERMIT INFORMATION RELEASE AND INDEMNITY Please Read and Sign Release, waiver and assumption of risk: I hereby acknowledge that fireworks, including but not limited to the storage, handling, use and discharge of fireworks can be dangerous, exposing anyone involved to various risks and hazards. Some of these risks and hazards are inherent in fireworks themselves and others may result from human error and negligence on the part of fireworks handlers and users, or on the part of organizers of fireworks events and activities. In consideration of being granted a Fireworks Discharge Permit by the Municipality of North Cowichan, I ACKNOWLEDGE AND AGREE AS FOLLOWS: 1. I hereby forever release and discharge, indemnify and hold harmless The Corporation of the District of North Cowichan and all of its servants, agents, officers and employees, (hereafter collectively called the Releasees ), from any and all liabilities, proceedings, claims, and causes of action of any kind whatsoever, including but not limited to all personal and other injuries or damage to property of any kind, and any and all legal fees and legal costs which I or anyone else may suffer or incur, arising out of or connected in any way directly or indirectly to my storage, handling, use and discharge of fireworks, notwithstanding that such injuries, damages or costs may have been caused solely or partly by the negligence of any of the Releasees; 2. I DECLARE that I know of no physical issue or other reason which should keep me from obtaining or making use of a Fireworks Discharge Permit, and I understand and agree that I AM SOLELY RESPONSIBLE for any and all injuries, harm or damage to property of any kind that I or others may sustain as a result thereof; 3. I FURTHER acknowledge and agree that this Release and Indemnity limits my rights and those of others to compensation should I or they have any claim or cause of action of any kind against The Corporation of the District of North Cowichan, and I further understand I have the right to independent advice before signing this agreement; 4. I FURTHER acknowledge and agree that it is in my best interest to have insurance coverage in place with respect to any aspect of this matter; 5. I HAVE READ AND UNDERSTOOD ALL OF THE ABOVE STATEMENTS, AND IN AFFIXING MY SIGNATURE BELOW I CONFIRM MY CONSENT TO AND AGREEMENT WITH ALL OF THE ABOVE: Signature: DATE: Name (print): Telephone or Contact: 3 10

11 OPERATIONAL GUIDELINE NORTH COWICHAN FIRE DEPARTMENT O.G. # TITLE: Post Fire Operations Page 1 of 1 PURPOSE: To establish procedures for post fire operations by the North Cowichan Fire Department. SCOPE: All fire department personnel involved in incident responses. POLICY: All fire department personnel shall follow the procedures outlined in this operational guideline for post fire operations. PROCEDURE: 1. Following the suppression of a fire, the Incident Command ( IC ) shall ensure that the fire area is overhauled. This includes searching for and extinguishing hidden fires, restoring the premises to a secure state, and preserving any evidence of arson. 2. Whenever possible, the IC shall transfer responsibility for post fire supervision of the property to the property owner or tenant. 3. If there is an indication of possible re- ignition or lack of security of the building, the IC shall arrange for post-fire supervision from a security company or two members equipped with radio communications, water supply, and fire fighting apparatus, with costs for post-fire supervision to be billed to the homeowner s insurance. 4. If the IC has not ordered evacuation of a building but believes there may be a safety concern with resumed occupancy of the building post-fire, the IC must advise the property owner or occupant of this, review the contents of the Scene Release Form with the property owner or occupant, and retain a signed copy of the Form. Also see O.G. #2.16 Adopted by Council October 15, 1997 Revised: [November 2017] 11

12 OPERATIONAL GUIDELINE (proposed revisions) NORTH COWICHAN FIRE DEPARTMENT O.G. # TITLE: Post Fire Operations Page 1 of 1 PURPOSE: To establish procedures for post fire operations by the North Cowichan Fire Department. SCOPE: All fire department personnel involved in incident responses. POLICY: All fire department personnel shall follow the procedures outlined in this operational guideline for post fire operations. PROCEDURE: 1. Following the suppression of a fire, the Incident Command ( IC ) shall ensure that the fire area is overhauled. This includes searching for and extinguishing hidden fires, restoring the premises to a secure state, and preserving any evidence of arson. 2. Whenever possible, the IC shall transfer responsibility for post fire supervision of the property to the property owner or tenant. 3. If there is no one available to assume responsibility for post fire supervision of the property and there is an indication of possible re- ignition or lack of security of the building, the IC shall arrange for post-fire supervision from a security company or post a fire watch consisting of two members equipped with radio communications, water supply, and fire fighting apparatus, with costs for post-fire supervision to be billed to the homeowner s insurance. 4. The IC or the LAFC shall arrange for a security company to relieve the fire watch. 4. If the IC has not ordered evacuation of a building but believes there may be a safety concern with resumed occupancy of the building post-fire, the IC must advise the property owner or occupant of this, review the contents of the Scene Release Form with the property owner or occupant, and retain a signed copy of the Form. Also see O.G. #2.16 Adopted by Council October 15, 1997 Revised: [November 2017] 12

13 Scene Release Form This form must be completed by all owners or occupants after a fire response or hazard emergency affecting a commercial or residential structure where occupancy is to be resumed thereafter. It is the responsibility of owners and occupants to take all necessary steps and precautions to ensure that all building premises are and will remain safe for occupancy I, am the owner/occupant (circle one) of Full address The above noted location was the scene of a fire response / hazard emergency. Further to the fire response / hazard emergency the following instructions and directions are to be followed by the Owner / Occupant to resume occupancy: Safety Instruction and Direction Have the building inspected by a qualified person if there is any evidence there may be structural damage or other damage to the building which may be a safety concern for resumed occupancy. If in doubt, do not reoccupy the building until the necessary evaluation and repairs are made and the building is safe to re-occupy. Have qualified trades person(s) inspect all electrical or gas systems prior to turning the utilities back on or if there is any possibility that fire or water has damaged any systems, appliances, equipment, or fixtures. Ensure all fire detection and suppression systems are fully functional. Contact a qualified trades-person if you are not sure. Closely monitor affected area(s) for any additional sign of smoke or fire which would be evidence of a fire rekindling. Fires can start again even when they appear to be out. A fire may still be smoldering or burning inside enclosed building assemblies and not be immediately apparent. Evacuate the building and call 911 if there is any additional sign of smoke or fire. Assumption of Risk I am aware of a fire response / hazard emergency situation and responder activities of the North Cowichan Fire Department at the above noted location. I am aware of and understand the Safety Instructions and Direction provided to me by the North Cowichan Fire Department as outlined above. I have requested to resumption of occupancy within the structure or structures at the above noted location. I have been advised of the risks, dangers and hazards that may arise or that can occur at any time and without warning as a result of the above noted fire response / hazard emergency. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property loss or damage resulting therefrom. Release of Liability, Waiver of Claim & Indemnity Agreement In consideration of being allowed to return to the above noted residential/commercial structure(s), I hereby agree as follows: 1. TO WAIVE any and all claims that I have or may in the future have against the Corporation of the District of North Cowichan and the North Cowichan Fire Department their officers, employees, agents, volunteers and representatives (all of whom are hereafter collectively referred to as the Releasees ), related in any way to the emergency response activities as outlined above. 2. TO RELEASE the Releasees from any and all liability for any loss, damage, injury and expense as a result of Fire Department activities resulting from the emergency response; including but not limited to negligence, breach of contract or breach of any statutory or other duty of care. 3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from Fire Department activities at the above noted location. Acknowledgement of Understanding I ACKNOWLEDGE that I have read and understand this agreement. I AGREE to abide by the safety instructions and directions provided to me by North Cowichan Fire Department personnel. I further acknowledge that I am entitled to seek legal advice prior to signing this Release Form. NAME: SIGNATURE: DATE: To be completed by North Cowichan Fire Department incident command and/or Senior Officer: By signing this agreement, you confirm that you have delivered the Safety Instructions and Directions outlined above both verbally and in writing, by providing the Owner/Occupant a copy of this document. NAME/RANK: SIGNATURE DATE: 13

14 Report Date November 8, 2017 File: PSC To Protective Services Committee From Ken Rukus, Fire Chief Endorsed: Subject Fire Chiefs Report Crofton Fire Hall Membership There are currently at 26 members, including 1 radio operator and two junior members. Crofton Fire Hall requires an increase in membership due to the fact that out of the 26 members, 17 are shift workers and 1 works nights. Incident Report Year to date, Crofton fire hall has responded to 157 calls, which includes 72 medical aid, 30 motor vehicle incidents, and 42 fire related calls. Training Members have completed the first test on the NFPA 1001 certification. Members attended the training grounds in Nanaimo. Crofton fire hall hosted a Fire Service Instructor course Trans-Canada Highway Box 278 Duncan, BC V9L 3X4 Ph Fax

15 Report Date November 21, 2017 File: PSC To Protective Services Committee From Mike Dunn, Fire Chief Endorsed: Subject Fire Chiefs Report Maple Bay Fire Hall Membership There are currently 27 members, including 2 probationary. On September 7 th, the Maple Bay fire hall held its annual new member intake and received 5 prospective members, 2 of which are fully qualified with their full service equivalent certification. Incident Report Year to date, Maple Bay fire hall has responded to 139 calls, in comparison with 117 calls this time last year. Training Members continue to work towards their accreditation to Interior Level with the Justice Institute of BC. Other Activities On October 11 th members attended Maple Bay School to present the annual Fire Prevention message. On October 15 th Maple Bay hosted an open house for the public, and approximately 100 people attended. On November 21 st the Queen Margaret s School kindergarten and grade 1 classes toured the fire hall Trans-Canada Highway Box 278 Duncan, BC V9L 3X4 Ph Fax