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Volume 55, No. 18

263/2012

The British Columbia Gazette,

Part II

September 11, 2012

B.C. Reg. 263/2012 , deposited September 7, 2012, pursuant to the FIRE SERVICES ACT [section 47]. Ministerial Order M189/2012, dated September 7, 2012.

I, Rich Coleman, Minister of Energy, Mines and Natural Gas and Minister Responsible for Housing and Deputy Premier, order that, effective December 20, 2012,

(

a) the British Columbia Fire Code Regulation, B.C. Reg. 175/2006, is repealed, and

(

b) the attached British Columbia Fire Code Regulation is made.

— R. COLEMAN, Minister of Energy, Mines and Natural Gas and Minister Responsible for Housing and Deputy Premier .

BRITISH COLUMBIA FIRE CODE REGULATION

National Fire Code of Canada adopted and amended

1 Divisions A to C, except their appendices, of the National Fire Code of Canada 2010, as it existed on June 1, 2012, with the amendments set out in the attached Schedule, are adopted as the British Columbia Fire Code.

Persons responsible for administration and enforcement

(1) The fire commissioner is designated as the person responsible for the administration of the British Columbia Fire Code.

(2) The fire commissioner and local assistants are designated as the persons responsible for the enforcement of the British Columbia Fire Code.

Inspections

(1) For the purposes of inspecting a building or facility for compliance with the British Columbia Fire Code, the fire commissioner or a local assistant may

(

a) enter on or into property

(

i) at a reasonable time and in a reasonable manner, and

(ii) after having taken reasonable steps to advise the owner or occupier of the property,

(

b) be accompanied and assisted by a person possessing special or expert knowledge relevant to the building or facility,

(

c) make examinations and conduct tests,

(

d) require information relevant to the building or facility,

(

e) require, for inspection or for the purposes of making copies or extracts, production of documents relevant to the building or facility, and

(

f) make a record of a matter relevant to the inspection.

(2) Despite subsection (1) (a), the fire commissioner or a local assistant may only enter a place that is occupied as a private dwelling if the occupier consents.

Compliance orders

(1) After inspecting a building or facility under

section 3, the fire commissioner or a local assistant may issue a written order directing the owner or occupier of the building or facility to bring it, within a reasonable time to be specified in the order, into compliance with the British Columbia Fire Code.

(2) An owner or occupier to whom an order is issued must comply with the order and, subject to any agreement to the contrary,

(

a) the owner must bear the cost of complying, and

(

b) if 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.

Appeal to Fire Commissioner

(1) If a local assistant issues an order to an owner or occupier under

section 4, the owner or occupier may appeal to the fire commissioner by registered letter mailed within 10 days after receipt of the order.

(2) The fire commissioner must promptly

(

a) investigate each appeal,

(

b) affirm, modify or revoke the order appealed from, and

(

c) in writing, communicate his or her decision and the reasons for the decision to the owner or occupier and to the local assistant who issued the order.

Appeal to Supreme Court

(1) If an order issued to an owner or occupier under

section 4 involves the loss or expenditure of more than $500, the owner or occupier may apply for review by petition to the Supreme Court filed within 5 days after receipt of the order.

(2) An application under subsection (1) must be commenced at a registry of the Supreme Court located in the judicial district where the property lies.

(3) The owner or occupier must file the petition with the registrar of the court and give notice of it in writing to the fire commissioner.

(4) The court must hear and determine the appeal and make the order it believes proper.

(5) The decision under subsection (4) is final, except that on a point of law an appeal lies to the Court of Appeal.

Re: B.C. Reg. 263/2012

Pursuant to

section 6 of the Regulations Act , I hereby exempt from publication the

Schedule to B.C. Reg. 263/2012 that amends the National Fire Code of Canada 2010.

The national code and the amendments may be inspected between 8:30 am and 4:30 pm on regular business days at the Building and Safety Standards Branch, Office of Housing and Construction Standards, Ministry of Energy, Mines and Natural Gas, 614 Humboldt Street, PO Box 9844 Stn Prov Govt, Victoria BC V8W 1A4. The Branch can be contacted by phone at 250 387-3133 and by email at building.safety@gov.bc.ca and is online at www.housing.gov.bc.ca/building.

The 2012 edition of the British Columbia Fire Code will be available for purchase from the Queen's Printer, 563 Superior Street, 2nd Floor, Victoria BC V8W 9V7. The Queen's Printer can be contacted by phone at 1 800 663-6105 and email at bccodes@gov.bc.ca and is online at www.crownpub.bc.ca and www.bccodes.ca.

— Emily Summer, Acting Registrar of Regulations .

Copyright © 2012: Queen's Printer, Victoria, British Columbia, Canada