TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: January 13, 2025 Report No. FIRE-25-002
TO: Council
FROM: Matt Furlot, Fire Chief
SUBJECT: Proposed Amendments to Bylaw 2783, Fire Protection and Control
RECOMMENDATION:
Recommendation
That Council give first, second, and third readings to Fire Protection and Control Bylaw, 2011, No. 2783, Amendment Bylaw, 2025, No. 3151.
Body
EXECUTIVE SUMMARY:
Amendments to the Fire Protection and Control Bylaw, 2011, No. 2783, Amendment Bylaw, 2025, No. 3151 are proposed to bring the Fire Protection and Control Bylaw into alignment with the new provincial Fire Safety Act and current fee schedule.
BACKGROUND:
The Fire Safety Act, effective August 1, 2024, replaces the Fire Services Act, enhancing fire safety in British Columbia through clear property owner responsibilities, stricter enforcement and penalties, improved inspection and evacuation processes, expanded cost recovery powers for local governments, and a risk-based approach to monitoring high-risk buildings.
The Office of the Fire Commissioner (OFC) administers and enforces British Columbia’s fire safety legislation (the Fire Safety Act), oversees fire inspections and investigations, ensures the designation of qualified fire inspectors and investigators by local authorities, and establishes training standards to support compliance and public safety.
The proposed amendments to the Fire Protection and Control Bylaw, 2011, No. 2783, reflect the Office of the Fire Commissioner’s guidance under the new Fire Safety Act. These updates modernize the bylaw by clarifying roles and responsibilities, aligning terminology with provincial standards, and implementing a risk-based compliance monitoring system for inspections. The inclusion of penalties further supports compliance with fire safety regulations. Collectively, these changes strengthen the municipality’s fire safety framework, enhance public safety, and promote a proactive approach to fire prevention and compliance.
Furthermore, the amendments adhere to the OFC's recommended transition timeline for implementing these legislative changes.
ANALYSIS:
Amending the Fire Protection and Control Bylaw, 2011, No. 2783 to align with the Fire Safety Act (FSA) is necessary to ensure compliance with provincial legislation and to strengthen fire safety measures within the municipality. The proposed amendments to the Fire Protection and Control Bylaw, 2011, No. 2783 address two key issues:
1. Compliance with the new Fire Safety Act. The provincially legislated Fire Safety Act, which replaced the former Fire Services Act in 2024, introduces significant changes that render the existing municipal bylaw non-compliant.
2. Updated Fee Schedule. The current fee schedule is outdated and has been revised to align with modern requirements. Penalty fees have also been introduced to enhance enforcement and support compliance with the Fire Safety Act.
Key bylaw amendments include:
Legal Compliance: The FSA introduces new roles, such as Local Authorities and Monitoring Authorities, and requires clear designation of Inspectors and Investigators. Updating the bylaw ensures alignment with these roles and responsibilities, avoiding legal liabilities associated with non-compliance.
Risk-Based Inspections: The amendments support a modernized, risk-based compliance monitoring system. This approach prioritizes inspections based on the level of risk, improving the effectiveness and efficiency of fire safety measures.
Updated Terminology: Terms such as "premises”, "dwelling," and "public building" are updated to align with the FSA, ensuring consistency with provincial standards and enhancing the clarity of enforcement actions.
Penalty and Fee Adjustments: The updated fee schedule introduces modest increases and incorporates penalty fees to promote compliance. While penalty fees are not expected to generate significant revenue, they serve as an important tool to reinforce compliance to fire safety regulations.
Organizational and Community Impacts
Operational Impact: Implementing the amendments will require staff training to ensure familiarity with the new inspection protocols, compliance systems, and enforcement mechanisms. Furthermore, the introduction of the risk-based monitoring inspection system is expected to triple the number of fire department inspections, exceeding current staffing capacity.
Community Impact: The amendments enhance fire safety measures, benefiting residents, businesses, and public spaces by reducing fire risks and ensuring a more effective response to emergencies. This fosters greater trust and confidence within the community.
Risks and Benefits
Risks of Inaction: Without these amendments, the municipality risks legal exposure due to non-compliance with the FSA. The absence of updated enforcement mechanisms and risk-based inspections may lead to preventable fire incidents and operational inefficiencies.
Benefits of Adoption: Aligning the bylaw with the FSA ensures compliance, enhances public safety through risk-based inspections, and provides clarity in roles and enforcement. This proactive approach supports the municipality’s commitment to protecting life and property while fostering community trust.
OPTIONS:
Option 1
If Council does not wish to make any further amendments to proposed Bylaw No. 3151, Council could give three readings with the following motion:
That Council give three readings to Fire Protection and Control Bylaw, 2011, No. 2783, Amendment Bylaw, 2025, No. 3151.
Option 2
Should Council opt to provide bylaw readings for the proposed amendments, the following motions would be appropriate:
That Council give first reading to Fire Protection and Control Bylaw, 2011, No. 2783, Amendment Bylaw, 2025, No. 3151.
That Council give second reading to Fire Protection and Control Bylaw, 2011, No. 2783, Amendment Bylaw, 2025, No. 3151.
That Council give third reading to Fire Protection and Control Bylaw, 2011, No. 2783, Amendment Bylaw, 2025, No. 3151.
If Council gives three readings to Fire Protection and Control Bylaw, 2011, No. 2783, Amendment Bylaw, 2025, No. 3151, final reading and adoption will occur at the next Council meeting scheduled to be held on January 27, 2025.
COUNCIL PRIORITY:
Good Governance and Organizational Excellence
FINANCIAL IMPACT:
The updated fee schedule is expected to generate a modest increase in revenue through permitting. However, the primary purpose of the penalty fees is to encourage compliance, rather than serve as a significant revenue source.
With the implementation of the new risk-based monitoring approach to inspections, there is an anticipated increase in the frequency of inspections for high-risk premises, along with strict adherence to reinspection schedules. As a result, the operational demand for fire department inspections is projected to triple. This increased demand has been factored into the HR Needs Assessment and will be addressed further during the budget discussions under the Fire Department Workforce Plan.
COMMUNICATIONS/ENGAGEMENT:
Once approved, the amended bylaw will be posted online and distributed to applicable staff.
TIMELINES & NEXT STEPS:
If Council gives three readings to Amendment Bylaw No. 3151, the amendment bylaw will come forward for adoption at the Council meeting scheduled to be held on January 27, 2025.
REPORT REVIEWED BY:
1. Ian Irvine, Director of Finance, Reviewed
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
List all items attached to the Staff Report
1. Fire Protection and Control Bylaw, 2011, No. 2783, Amendment Bylaw, 2025, No. 3151
2. Fire Protection and Control Bylaw, 2011, No. 2783, Amendment Bylaw, 2025, No. 3151 Track Changes
3. Fire Safety Act, 2024
4. Office of the Fire Commissioner, Fire Safety Act Q&A, December 4, 2024
5. Comparative Fee Schedule to Oak Bay & Victoria.