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Backgrounders

Details about the new Fire Safety Act
Updated on Aug.1, 2024

The Fire Safety Act (FSA) meets the B.C. government’s commitment to achieve a single standard of fire safety in the province and will:

  • enable local authorities to designate personnel to carry out fire inspections and fire investigations and enable local fire services to perform tactical evacuations;
  • establish an administrative penalty enforcement model to address non-compliance issues in a more direct, timely and effective manner; and
  • implement a risk-based approach for fire-safety compliance monitoring in municipalities.

It was developed and implemented in response to recommendations from BC Coroners reports and stakeholder feedback to enhance fire-safety standards and enforcement.

Compliance monitoring (inspections) and investigations:

  • It is a requirement for local authorities (municipalities and regional districts) to designate their local fire inspectors and fire investigators.
  • Municipalities will operate within a risk-based compliance-monitoring model, which means that their designated fire inspectors will be responsible for conducting all fire inspections.
  • As in the Fire Services Act, the FSA also continues the requirement for all fires to be investigated and reported to the fire commissioner. Locally designated fire investigators will fulfil this requirement.
  • As regional districts are not monitoring entities, they will operate within a reactive (complaint-based or owner-requested) model.
  • Upon request from a regional district, the Office of the Fire Commissioner (OFC) fire service advisers will conduct fire inspections and fire investigations at no cost to the regional district.
  • The RD has the discretion to use their own designated fire inspectors and fire investigators, or to request the OFC to support the inspection or investigation requirements.
  • Ultimately, both reactive inspections and risk-based compliance monitoring are intended to keep occupants safe from potential fire hazards, with the goal to prevent fire-related tragedies, preserve human life and reduce property and economic loss due to fires.

Administrative penalties and enforcement:

  • The FSA establishes the authority for the fire commissioner to issue an administrative monetary penalty (AMP) in specific circumstances of non-compliance, such as non-compliance of a fire-inspector order or a preventive-evacuation order.
  • An AMP is designed to deter non-compliance with requirements under the FSA and the regulations.
  • AMP amounts are:as much as $25,000 in the case of an individual and $50,000 in the case of a corporation.
  • If an offence continues for more than one day, separate daily administrative penalties, each not exceeding the maximums previously noted, may be imposed by the fire commissioner.
  • An AMP will be considered by the OFC after the local authority has exhausted all the tools (e.g., bylaws) that they have at their disposal.
  • Administrative penalties will be focused on serious, repeated or deliberate cases of non-compliance with the FSA.
  • Administrative penalty matters are between the provincial government and the person who is thought to have contravened the FSA or failed to comply with an order issued under the act.

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