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Agenda for the 10:00 am Wednesday, January 27, 2016 Town of Qualicum Beach Committee of the Whole Meeting to be held in the Council Chambers, 660 Primrose Street, Qualicum Beach, BC Page No (This meeting may be recorded)

ADOPTION OF THE AGENDA THAT the Committee of the Whole adopts the January 27, 2016

Committee of the Whole meeting agenda.

APPROVAL OF THE MINUTES THAT the Committee of the Whole approves the December 2, 2015

Committee of the Whole meeting minutes.

STAFF REPORTS (1) Planning (L. Sales, Director of Planning)

(a) Development Cost Charges Overview - For Discussion

BYLAWS (1) Bylaw 698 - A Bylaw to regulate Fire Protection and Life Safety and to

Provide Emergency Services - For Information (2) Bylaws on Noise and Nuisance:

(a) Town of Qualicum Beach Noise Control Bylaw No. 552,1994; (b) Town of Qualicum Beach Noise Control Bylaw No. 552,1994,

Amendment Bylaw 552.01,1996; (c) Town of Qualicum Beach Noise Control Bylaw No. 552,1994,

Amendment Bylaw 552.03, 2002; (d) Town of Qualicum Beach Nuisance Abatement and Cost Recovery

Bylaw No. 593, 2005; (e) Town of Qualicum Beach Public Nuisance and Disturbances on a

Highway or a Public Place Bylaw No. 624, 2008.

5. ADJOURNMENT THAT the Committee of the Whole adjourns the meeting.

Heather Svensen Corporate Administrator

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2. 2

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4. 60-86

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DRAFT Minutes of the 10:00 am Wednesday, December 2, 2015, Town of Qualicum Beach Committee of the Whole Meeting held in the Council Chambers, 660 Primrose Street, Qualicum Beach, BC PRESENT: Council: Mayor Teunis Westbroek

Councillor Barry Avis Councillor Neil Horner Councillor Bill Luchtmeijer Councillor Anne Skipsey

ALSO PRESENT: Staff: Daniel Sailland, Chief Administrative Officer (CAO) Heather Svensen, Corporate Administrator Karla Duarte, Office Assistant

The Mayor called the meeting to order at 10:00 am.

ADOPTION OF THE AGENDA The Committee of the Whole adopted, by unanimous consent, the December 2, 2015 Committee of the Whole meeting agenda.

APPROVAL OF THE MINUTES The Committee of the Whole approved, by unanimous consent, the November 12, 2015 Committee of the Whole meeting minutes.

STAFF REPORTS (1)

Chief Administrative Officer (D. Sailland) Policy Review: Acceptable Use for Information Technology (IT) Systems Councillor Luchtmeijer MOVED and Councillor Horner SECONDED, THAT the Committee of the Whole recommends to Council that Town of Qualicum Beach policy 4004-11 "Buildings and Grounds - Use of Town-owned Facilities and Equipment - Acceptable Use for IT Systems" be referred to the December 7th Regular Council meeting with amendments to clause "6. Unacceptable Use". CARRIED

ADJOURNMENT Councillor Luchtmeijer MOVED and Councillor Avis SECONDED, THAT the Committee of the Whole adjourns the meeting.

MEETING ADJOURNED: 10:20 am Certified Correct:

Heather Svensen Teunis Westbroek Corporate Administrator Mayor

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Town of Qualicum Beach MEMORANDUM

TO: Daniel Sailland, CAO FOR: January 27, 2016 Committee of the Whole

FROM: Luke Sales, Director of Planning

SUBJECT: Development Cost Charges Overview

RECOMMENDATION: For discussion purposes

SUMMARY The Province has defined Development Cost Charges (DCCs) as "monies that municipalities and regional districts collect from developers to offset that portion of the costs related to these services that are incurred as a direct result of this new development." DCCs can also be thought of as financial contributions toward community wide infrastructure, based on the premise that the costs of new growth should not be paid for by existing residents.

There are many components to a DCC system, including a time period for the DCC program, the list of DCC projects, municipal assist factor, establishment of DCC areas and integration with long-term strategic goals. These considerations are addressed in this memo and also the attached "Development Cost Charge: Guide for Elected Officials".

PURPOSE To provide Council with an overview of the current Development Cost Charges (DCCs) structure, with a specific focus on DCC reduction bylaws.

BACKGROUND Development Cost Charges (DCCs) are one-time charges collected to offset costs incurred by new development. The demand created by new development is not necessarily adjacent to the property being developed. For example, new development may require an increase in the size of its water storage reservoir. Developers pay DCCs instead of the existing taxpayers.

Town of Qualicum Beach Development Cost Charges are imposed through "Town of Qualicum Beach Development Cost Charges for Water, Drainage, Highway Facilities and Park Land Bylaw No. 550.06, 2005".

When the DCC bylaw was adopted in 2005, it was recognized that developments within the "Village Neighbourhood" are generally already serviced and are within close proximity to employment, shopping and other amenities, resulting in a lower burden on municipal services. As such, DCC rates for commercial and multifamily development in the Village Neighbourhood (VN) were set 10% lower than an equivalent development outside of the VN.

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Town of Qualicum Beach January 27, 2016 Committee of the Whole Page 2 of 4

In 2012, the Town initiated a review of the barriers to development in the Village Neighbourhood to better understand what the Town could do to encourage infill and redevelopment in accordance with the Official Community Plan (OCP). Development was occurring farther from the downtown and in areas just outside of the Town. Even though DCCs were already 10% lower in the Village Neighbourhood, DCCs were identified as a barriers to development and Council directed staff to provide options to reduce DCCs.

In 2012 Council adopted "Town of Qualicum Beach Downtown Development Cost Charges Reduction Bylaw No. 682, 2012" and a subsequent amendment that reduced DCCs for developments according to the following criteria:

• A 30-70% reduction for the residential portion of DCCs for developments in the Village neighbourhood that meet a minimum density. The reduction in DCCs increases as residential density increases.

• A further 30% reduction for the residential portion of Town DCCs for developments in the Village Neighbourhood that meet a high environmental standard for building.

• A 100% reduction in Town DCCs for the commercial portion of mixed-use developments within the Village Neighbourhood with a residential density of 80 units/ha.

• A 100% reduction in Town DCCs for new Eligible Housing (affordable housing).

A subsequent DCC reduction bylaw in 2014 eliminated Town DCCs for secondary suites, garden suites and carriage houses to bring the Town's DCC bylaw into alignment with the RDN and Parksville.

Following is a simple overview of DCC rates in Qualicum Beach and Parksville, without any accounting for DCC reductions in the Village Neighbourhood.

Single Family Residential

. It WM $11, 773.00 $14, 489

Multiple Family Residential (per sq. m.)

$93.43 $84.09 in Village Neighbourhood

$103.39 (low density) 66.46 (high density)

Commercial (per sq. m.) $82.71 $94 Industrial (per sq. m.) $30.58 $61 Institutional (per sq. m.) $100

Qualicum Beach and Parksville both collect DCCs on behalf of the RDN, in the amount of $7,337 per residential lot or a similar proportion for multi-family development.

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D- Rt. a i R-L I DCC DCCs DCCs for 'Density Green Building i Reduction (hypothetic

Clarion $623,439 Unknown 70%400% Zero - $187,031

70% 134


Sample DCC Reduction Calculation

231 Second Avenue Sage Manor Five residential units on 689m2 = 72units/ha

Unreduced DCCs: S35,289

• Based on density, DCCs are reduced by 30% plus an additional 1.35% for each unit/ha over 50 units/ha, totaling a 59.7% reduction

• A further 30% reduction is applied as a bonus for energy efficiency that significantly exceeds the BC Building Code.

Total Town DCC reduction: 89.7%. Town DCCs paid: $3,113.

Following are some recent examples showing both the unreduced DCCs and the DCCs that were paid for some recent developments.

Development Unreduced DCCs

Density Reduction Reduction for Total

none

DCC ction paid

Town DCCs

$35,289 Mill Subdivisions

Road $35,289 19 No No

Kiwanis Housing

$94,853 45 No No 100% 0

231 Second Avenue West

$30,230 59.7% 30% 89.7% $3,113

237 Second Avenue West

$94,184 61 45% 30% 75% $23,546

Although the Clarion development did not proceed to construction, following is a hypothetical comparison of unreduced and reduced DCCs.


FINANCIAL IMPLICATIONS DCCs can only be collected to help fund waterworks, wastewater projects, drainage works, major roads, and acquisition and development of parkland.

Ideally, DCC projects are expenditures that can be delayed until the DCC funds required to help pay for the works have been collected. As growth occurs, DCCs are collected to help to fund the necessary infrastructure. However, this is not always the case. For example, capital projects can get started ahead of schedule due to other factors, such as concurrent works and services or the availability of grant funding to help cover a part of the cost.

• Where it is not feasible to delay a capital works project that would have been eligible for a DCC contribution, foregoing DCCs results in a financial cost to the Town.

• Where it is feasible to delay a capital works project, the Town would delay the construction of the works until sufficient DCC funds have been collected. In this case, foregoing DCCs does not result in a financial cost to the Town.

SUMMARY

The Town currently has bylaws that require DCCs to be paid to help pay for municipal service expansions. The Town also has DCCs reductions to encourage developments that are consistent with the Town's long-term plans, such as development in the Village Neighbourhood, secondary suites, green building and affordable housing.

ALTERNATIVES 1. THAT Committee of the Whole recommends that Council direct staff to prepare a workplan for a

comprehensive review of current DCC rates; 2. THAT Committee of the Whole recommends that Council consider a comprehensive review of

current DCC rates after completion of the Waterfront Master Plan and 2017 Official Community Plan review;

3. Provide alternative direction to staff

c.,

Luke Sales, MCIP, RPP Director of Planning Report Writer

CAO Concurrence

Attachments:

DCC Guide For Elected Officials DCC Bylaw 550.06, Consolidated

DCC Reduction Bylaw 682 2012, Consolidated

Development Cost Charge

7nrn

Table of Contents

Introduction 2

DCCs Defined

4

Establishing DCCs 7

When to use DCCs 22

DCCs in the Broader Context 24

DCCs and Development 27

DCCs across British Columbia 29

Closing Comments 31

DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS I

ntroduction

It is widely accepted that growth, when facilitated by good planning, benefits communities and their economies. Local governments have come to recognize, however, that the accommodation of growth is not a cost-free exercise. Growth creates demands for the construction of new infrastructure, and the expansion of existing local services. The cost of meeting these demands is often substantial and, at times, beyond the ability of local governments to fund using existing financial resources.

The development industry understands that growth creates new demand for local government infrastructure and services. The industry also understands that local governments are not able to directly absorb all growth-related service costs, and that growth itself should assist in funding service needs. A range of development finance tools has been created to enable local governments to collect from development a portion of growth-related expenditures. Development cost charges (DCCs) represent one such tool.

The DCC Guide for Elected Officials is designed to increase understanding about DCCs among local government leaders. The Guide uses a "question & answer" format, which addresses important questions on DCCs and their use. The questions are grouped under the following headings:

• DCCs Defined;

• Establishing DCCs;

• When to Use DCCs;

• DCCs in the Broader Context;

• DCCs and Development; and,

• DCCs across British Columbia.

2 I DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS

The Guide deals with the basics, or fundamentals, of DCCs.

For a more detailed review and information about the technical aspects of DCCs, please refer to the Development Cost Charge Best Practices Guide, a Ministry of Community Services publication available electronically through the search function of the British Columbia Government website at www.gov.bc.ca

DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS I 3

What are development cost charges?

Development cost charges are fees that municipalities and regional districts choose to collect from new development to help pay the cost of off-site infrastructure services that are needed to accommodate growth.

Local governments are limited in the types of services they may fund using DCC revenues. Specifically, DCCs may be used to help offset costs associated with the provision, construction, alteration or expansion of:

• roads, other than off-street parking;

• sewer trunks, treatment plants and related infrastructure;

• waterworks; and,

• drainage works.

DCCs may also be collected to assist in the acquisition and development of parkland, but may not be used to pay for other types of services, such as recreation, policing, fire and library, that are affected by growth.

DCCs are applied as one-time charges against residential, commercial, industrial and institutional developments. DCCs are usually collected from developers at the time of subdivision approval in cases where such approval is required. Where subdivision approval is not required, the charges are applied at the building permit approval stage.

DCCs may be imposed on most, but not all, development that occurs in a community. The Local Government Act specifies that DCCs may not be levied against:

• any building which is used solely for public worship;

• developments that are subject to a land-use contract;

• a residential building which contains fewer than


four units, unless otherwise specified by the local government; and,

• developments of less than $5o , o oo in value, unless otherwise specified by the local government.

What is the history of DCCs in British Columbia?

The history of DCCs in British Columbia began in 1958. In that year, amendments to the Municipal Act were made to address the growing inability of local governments to fund growth-related works. The amendments empowered the approving officer in each municipality to reject a subdivision plan if, in the opinion of the officer, the cost to the municipality of providing the related off-site infrastructure services was excessive.

Prior to these changes, municipalities were expected to provide off-site infrastructure services to all subdivisions using tax revenues and other sources of funding. Approving officers were not permitted to reject applications on the basis of servicing costs. With the changes to the Municipal Act, municipalities introduced Excessive Subdivision Cost Bylaws or Impost Fees to try to recover servicing costs for new development.

Court challenges in the early 196os resulted in impost fees being rendered invalid. Municipalities, it turned out, had the authority to reject subdivision plans on the basis of service costs, but had no authority to tie the approval of plans to the payment of impost fees. The court rulings returned municipalities to the difficult position they occupied prior to 1958. To capture the benefits from growth, municipalities had to fund, on their own, the off-site infrastructure required to accommodate the growth. If municipalities were unable to fund the infrastructure, development applications were rejected, and the benefits from growth were lost.

PAGE 5 DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS I

Further amendments to the Municipal Act were introduced to overcome this dilemma. In 1971, local governments were given the power to enter into land use contracts with developers. These contracts became the vehicle for imposing off-site infrastructure servicing requirements and impost fees on development within the specified contract area. The validity of imposing fees under these contracts was upheld by the courts.

Land use contracts often involved protracted negotiations and produced a patchwork of contracts, each with its own requirements and fees for development. In 1977, land use contract powers were eliminated, and the current authority to impose development cost charges was introduced.

Using DCCs, local governments (municipalities and regional districts) can apply a common set of rules and charges to all development within a community.

Over the past twenty-five years, court rulings and legislative changes have refined DCCs and their application in British Columbia. The fundamental principle and structure of DCCs, however, remains unchanged.


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Generic. Process

Step Project Future

Step 2

Identify Works

Step 3 Estimate

Costs

Step 4 Allocate

Costs

Step 5 Assign Costs

Step 6 Convert Costs

Step 7 Apply Assist

Factor

Establishing DCCs

How are DCC rates calculated?

The calculation of DCCs brings together a number of pieces of information, including the:

• types, locations and amounts of growth that are projected to occur over a specified future period;

• infrastructure services required over the same period to accommodate the growth;

• estimated cost of the services;

• portion of the total cost to be paid by the existing population (which benefit from new infrastructure);

• relative impact of each type of growth on the services; and,

• degree to which the existing users assist growth in paying its share of costs.

Approaches to calculating DCCs will vary to some extent by community. It is possible, however, to outline a set of generic steps that are important to developing a DCC program. The accompanying flowchart presents a generic seven-step process. The text below the chart describes each individual step in detail.


• STEP i — Project Future Growth A local government begins the process by determining the amount of growth that is projected to occur over a specified future period of time (e.g., 5 years, io years, and 20 years). Because DCCs are applied to actual development instead of new population, the amounts of the different types of development that are expected to occur are projected. Most local governments project figures for various types of residential development (e.g., single family, townhouses, apartment), as well as commercial, industrial and institutional growth.

• STEP 2- Identify Required Works Once growth has been projected, the local government determines the specific infrastructure works that will be required to accommodate the growth. As noted earlier, DCCs can only be collected to help fund waterworks, wastewater projects, drainage works, major roads, and acquisition and development of parkland. Other infrastructure services cannot be funded, in whole or in part, using DCC revenues, and are, therefore, not identified in the calculation.

• STEP 3 — Estimate Infrastructure Costs The infrastructure projects identified in Step 2 are costed in Step 3 of the process. For DCC purposes, the total cost estimate for each project can include a variety of separate costs that will be incurred by the local government in providing the infrastructure. Project costs related to the following activities may be included.

• Planning • Engineering design • Land acquisition • Contract administration • Contingencies • Remittance of net GST

• Public consultation • Right of way • Interim debt financing • Construction • Legal review

8 j DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS

Long-term debt financing costs cannot be included in cost estimates for DCC projects.

• STEP 4— Allocate Costs to Growth/Existing Users Not every project identified for DCC purposes will be required solely to accommodate growth. Most, if not all, of the identified works will be deemed to benefit, and will be required by, both growth and the existing population. Growth is expected to pay only for the portion of the works that it requires. The existing population is expected to pay for the remaining portion using other sources, such as tax and utility revenues.

The costs of the DCC works are allocated between growth and the existing population on the basis of benefit.

• STEP 5— Assign Costs to Land Use Types Once the infrastructure costs have been allocated between the existing population and growth, the portion attributable to growth is assigned to the various types of growth — residential, commercial, industrial, institutional — that are projected to occur. Costs are assigned in a way that reflects the relative impact of each type of development on the works required.

• STEP 6— Convert Costs into DCC Rates The assigned infrastructure costs are converted into actual DCC rates that can be charged to individual development projects. The total cost assigned to each development type is divided by the number of development units (e.g., number of dwellings, square metres, hectares) expected over the DCC program time frame. The result is a per-unit charge that can be easily applied to individual developments as they occur.


• STEP 7— Apply Assist Factor The final step in calculating DCCs is to apply the assist factor. The assist factor is the contribution that the existing population must provide to assist future growth in paying its portion of the DCC infrastructure costs. The assist factor is over-and-above the portion of the total infrastructure cost that is allocated to existing users in Step 4.

The assist factor reduces the DCC rates by the specific level of assist chosen. Under the Local Government Act, the level chosen must be at least one percent.

What are some of the decisions that need to be made?

Over the course of the DCC establishment process, local governments are required to make certain decisions. Individually and together, these decisions give shape to the DCC program, and help to determine the specific DCC rates. Some examples of the types of decisions local governments need to make are provided below.

Time period for the DCC program A local government must choose a future period of time over which to apply its DCC program. This choice will be influenced by the time period that has been established for the community's broader growth management framework, particularly its Official Community Plan (OCP) and servicing plans.

The OCP projects the amount and types of growth that are expected in the community over a specified future period of time. The servicing plans identify the servicing efforts that the community needs to undertake in order to provide for, and to shape, the growth that is projected to occur.

io I DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS

In many communities, the OCPs and servicing plans cover only a short- or medium-term future period of five to ten years. Local governments in these places are limited to the same period for their DCC programs (the required growth and infrastructure projections for longer DCC programs are not available). An increasing number of local governments are now, however, beginning to conduct detailed growth and capital planning exercises for longer periods of time, in some cases twenty years. The data available from the long-term planning efforts enable these local governments to create equally long-term DCC programs.

For a number of reasons, long-term DCC programs are considered preferable to short-term programs. Long-term programs tend to provide greater flexibility to governments in the scheduling of works, since specific works can be delayed or brought forward without upsetting the overall rate structure. Developers know that the rates charged today will remain relatively stable over a longer period of time. Longer time frames provide greater certainty to developers who wish to invest in communities.

It should be noted that local governments that extend their DCC programs over a long-term period are not "locked in!' to the set of DCC rates and the specific infrastructure projects for the entire duration of the program. Like all long-term planning documents, DCC programs are regularly updated to account for changes in trends, policy objectives, inflation and other inputs. These updates provide local governments the opportunity to modify DCC programs and rates.

DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS I II

Use of DCC sectors By default, a local government's DCC program applies to all new development throughout the entire community. Local governments may choose, however, to divide the community into different DCC sectors, and develop a separate DCC program for each one. Local governments may even choose to have different sets of sectors for different types of works. For example, three sectors for roads, five sectors for drainage, and so on.

The decision to establish DCC sectors will reflect, in part, a community's planning goals. A community that wishes to encourage efficient, higher density development in a town centre, for example, may create a separate town centre DCC sector for roads. The roads DCC program for this sector would allow the local government to take into account the low impact that high density housing has on roads, relative to that of additional road requirements for low density, suburban housing. The lower road DCC rates in the town sector would acknowledge the differences in impact.

The decision to establish sectors may reflect, in addition, the infrastructure projects to be developed. Some works, such as wastewater collectors, pump stations and water mains may be deemed to have a specific benefit to a defined area. The creation of DCC sectors for the funding of these works would promote the principle of equity by enabling the local government to apply the project costs directly, and solely, to the project beneficiaries. Other works, such as wastewater and water treatment plants, tend to provide a broad and equal benefit to the entire community. Separate DCC sectors would probably not be appropriate for these works.


Method of allocating costs As noted earlier, off-site infrastructure services required to accommodate growth will often provide some benefit to the existing population. Where a dual benefit is deemed to exist, growth should not be expected to fund the entire cost of the DCC works. The existing population should, through its local government, pay its fair share, using tax or other financing sources.

Calculating the existing population's share of costs is, in some cases, an exact process. Consider a new wastewater treatment plant. Existing users will represent an exact percentage of the total number of users (including newcomers) that will ultimately be connected to the system. The actual percentage can be used to represent the existing population's share of costs.

In other cases, the local government may choose to take a different approach to allocating costs. Consider a major, 20-year road program. Any attempt to precisely determine the existing population's benefit may prove difficult. The local government may determine that the major road program will equally benefit growth and the existing population, and decide the cost for the program be split 50-5o.

The decision on how to allocate costs between growth and the existing population is a choice over which a local government has considerable discretion. However, the decision should be defendable on the basis of sound and well-reasoned arguments, because it will be scrutinized by the public, development industry and reviewed by the Ministry of Community Services.


Assigning costs to land use types Each type of development has a different impact on the off-site infrastructure services being provided. The impact of each type, relative to that of others, needs to be considered when assigning the portion of total infrastructure costs attributable to growth - costs need to be assigned to development types on the basis of relative impact.

Local governments express relative impacts in terms of "equivalent units." Equivalent units express the impact of each type of development on a service relative to that of a single-family house. The relative impacts of the different development types will vary, as might be expected, by type of service.

Different sets of equivalent units, therefore, need to be developed for each service being included in a DCC program. Various sources of data are used by local govern-ments to help establish equivalent units. Trip generation manuals published by traffic engineering associations are often used to determine relative impacts on road networks. Water usage data, collected from water metres, can be used to help determine relative impacts on waterworks.

Assist factor The assist factor is the contribution that the existing municipality and/or regional district must provide to help growth in meeting its service cost obligations. The assist factor is over-and-above the portion of the infrastructure cost that is allocated to the existing population. Under the Local Government Act, the assist factor must be at least one percent.


The assist factor may vary by type of infrastructure, but not by type of development, or by DCC sector. For example, the assist factor applied to roads may differ from the factor applied to waterworks. A common roads assist factor, however, must be applied to all types of development throughout the entire community.

The setting of the assist factor is a policy decision made by elected officials. Decision-making should take into consideration the local government's objectives in addressing issues of land efficiency, housing affordability, and community sustainability. In some communities the assist factor is used as a tool to promote certain goals, such as the development of affordable housing.

Who is involved in determining the rates?

Elected officials, staff and stakeholders have important roles to play in determining DCC rates.

Elected Officials Municipal councils and regional district boards are responsible for the DCCs that are imposed on new development in their communities. Given this responsibility, it is important for elected officials to be involved in setting the rates.

Councils and regional district boards have some specific responsibilities. They must make decisions on a wide variety of issues -- some of which have been discussed already — that arise during the DCC establishing process. In making decisions, the elected officials rely on staff to identify options, outline implications and provide recommendations.

DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS

PA G

15

Elected officials are also responsible for ensuring that the DCCs reflect important best practices, as well as key principles such as fairness and equity. Are the DCCs fair to both growth and existing ratepayers?

Finally, elected officials need to remain aware of their statutory obligation to consider the impact of the DCCs on development and, in particular, the development of reasonably-priced housing and serviced land.

Staff Staff have two key responsibilities in the DCC rate-setting process. First, staff are responsible for undertaking all of the technical work required to produce, collect and assemble the data. Second, staff are responsible for advising the elected officials on the full range of issues that need to be considered. Examples of such issues include:

• the possible use of DCC sectors in place of area-wide charges;

• the time frame for the DCC program;

• the types of development to be charged under different DCC categories (e.g., should all types of development pay parkland DCCs?);

• the development units on which to base charges (e.g., dwelling unit or size of built floor space);

• the eligibility of projects and the cost components to include in determining total project cost;

• the allocation of project costs between new and existing growth; and,

• the size of the assist factor.

Staff need to bring each of these issues, along with options and recommendations, to elected officials.


An additional role for staff in the rate-setting process is to help elected officials understand DCCs. In some communities, staff begin each DCC review with a detailed briefing on the purpose of DCCs, and the issues that need to be considered by council or the regional district board.

Stakeholders It is important for local governments to involve key stakeholders in setting DCC rates. As explained in the DCC Best Practices Guide, stakeholders include "all persons, groups or organizations that have a perceived, actual or potential stake or interest in the results of the decision-making process." The list of stakeholders in developing DCCs should include:

• development industry groups, such as the Urban Development Institute, the Canadian Home Builders Association, and the British Columbia Real Estate Association;

• local private sector developers;

• public sector developers such as the local School District and Health Authority;

• business groups such as the Chamber of Commerce;

• local ratepayers groups and neighbourhood associations; and,

• the general public.

Each of these stakeholders will be impacted, to some degree, by the DCC rates established. Some will be impacted directly, in that they will have to pay the rates in order to proceed with development. Others will be impacted indirectly. Existing ratepayers, for example, will be required to pay the share of infrastructure costs that is not applied to growth.

DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS j 17 ...4:1

4._ P C E

During the DCC rate-setting process, the local government needs to provide opportunities for stakeholders to become informed of the issues and options, and to participate in the decisions that are made by the elected officials. At a minimum, the local government should hold a general public information meeting to present a draft DCC bylaw. The local government could also ask interested parties to review and comment on a draft DCC program. Stakeholder forums are another method of involvement to consider.

Some local governments have developed, in conjunction with the Urban Development Institute, local government liaison committees. These committees provide a forum for government officials to meet regularly with development industry representatives to discuss important issues, including DCCs.

The appropriate degree of stakeholder involvement will depend on a number of factors, including the size of the DCC program, the potential impact of the DCC rates, the level of interest expressed by stakeholders to participate and the local government's policy with respect to stakeholder involvement in governance. In all cases, some effort to provide meaningful opportunities for participation should be made. The opportunities should be available early in the DCC setting process, before any final decisions have been made.

The DCC Best Practices Guide recommends at least three opportunities for stakeholder involvement in the DCC rate-setting process:

• during the development of draft DCC rates by staff;

• immediately following first reading of the DCC bylaw by council or regional district board; and,

• during the revision of the bylaw, before second reading.


How are DCCs implemented?

DCCs are implemented by bylaw. Council or the regional district board initiates the bylaw process by instructing staff, often in response to a staff recommendation, to develop a DCC bylaw or amend an existing DCC bylaw. Staff develop the bylaw with input from the elected body and stakeholders, then forwards the bylaw to council or the regional district board for first reading. After first reading, more consultation with stakeholders and the governing body is undertaken to obtain input and to determine if amendments are required. Council or the regional district board then gives the bylaw second and third reading.

After third reading, the local government forwards the bylaw and all supporting information to the Ministry of Community Services, for the review of the Inspector of Municipalities, who is required under the Local Government Act to review and give approval to the bylaw before fourth reading. The bylaw and supporting documents are reviewed to ensure that:

• the methodology used to determine the rates is sound and complies with all legislative requirements;

• stakeholders have been consulted; and,

• the impacts of the rates on development have been considered.

If there are no issues with the bylaw, the Inspector of Municipalities grants statutory approval and returns it to the local government. Council or the regional district board gives fourth reading to the bylaw, after which it is ready to be implemented.


There are some specific policy issues related to implementation that the local government needs to consider. One issue concerns when to collect DCCs from growth. The Local Government Act states that DCCs are payable either at the time of subdivision approval, or at the issuance of a building permit. For single family residential developments, local governments typically choose to collect payments at subdivision approval in order to avoid having to front-end any infrastructure costs.

For non-residential development, local governments usually collect DCCs at the time of building permit issuance. DCCs for these developments are often based on built floor space rather than dwelling unit (the total floor space to be charged can be difficult to determine at subdivision approval). With respect to multi-family development, local governments often have no choice but to collect payments at the building peirnit stage, since multi-family housing subdivisions are relatively infrequent, compared to single family development subdivisions.

Another policy decision for elected officials relates to the notion of a "grace period." A grace period is the period of time between the approval of the DCC bylaw and the bylaw's effective date of application. If the rates in the bylaw are significantly higher than those that were previously charged, the local government may wish to grant a substantial grace period (e.g., up to one year) to allow developers to expedite projects for which financing has already been arranged.

Finally, it should be noted that the Local Government Act gives some protection to "in-streanf developments. Developments that have submitted complete subdivision applications, and that have paid their subdivision


application fees, are given a 12 month exemption from new DCC rates. These developments are entitled to pay the lower existing DCCs as long as they receive final subdivision approval during the 12 month period. This in-stream protection is distinct from any grace period that the local government may choose to offer.


When to use DCCs

When are DCCs a good idea?

DCCs are best suited to situations in which expenditures on works can be delayed until the DCC funds required to help pay for the works have been collected. As growth occurs, a local government begins collecting DCCs to help fund the necessary infrastructure. If possible, the local government will choose to delay the construction of the works until sufficient DCC funds have been collected. By treating DCC funds as a source of capital for the works, the local government can avoid having to front-end construction using borrowed funds.

Infill and mixed infill-greenfield developments that can benefit from a certain level of servicing already in place are considered to be particularly well-suited to DCCs. In these situations, the local government can postpone the construction of infrastructure until growth has materialized, and sufficient DCC revenues have been collected.

When should alternatives to DCCs be considered?

Greenfield developments, which typically do not have any level of servicing in place prior to growth occurring, are not always suited to DCCs. Greenfield sites can often require a significant up-front invesitnent in infrastructure before development occurs and before DCCs can be collected. If the required works are part of the DCC program, it is the local government that is expected to front-end the works, and then recover up-front costs from growth as it occurs.

This reliance on DCCs as a method of cost-recovery can be difficult for local government. If growth does not occur as projected, the local government may not be able to recover all of its sunk costs.


!kr

What alternatives to DCCs exist?

It is important to recognize that DCCs are not the only development finance tool available to local governments in British Columbia. The Development Finance Choices Guide, published by the Ministry of Community Services, identifies and provides advice on other development finance tools that local governments can use to help fund the cost of infrastructure required by growth. The complete list of tools includes:

• Comprehensive • Development works development agreements agreements

• Local improvements

• Specified areas

• User fees and charges

• Short-term borrowing

• Long-term borrowing

• Latecomer charges

• DCC credits and rebates

• Density bonusing

• DCCs

• Public-private partnerships

• Public-public partnerships

DCCs are probably the most popular tool in use today, but are clearly not the only one available. The key for local governments is to determine which tool, or set of tools, should be used at any given time. Different tools are both well-suited and poorly-suited to different types of situations. Chapter 6 of the Development Finance Choices Guide is designed to assist local governments in choosing the right approach for any given situation.

DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS 23

DCCs and the Broader Context

How do DCCs fit into a local government's growth management framework?

A local government's DCC program does not exist in isolation to the community's growth management framework. On the contrary, the DCC program is a critical element of the broader planning context that includes the local government's OCP and servicing plans. The accompanying figure illustrates how these key components fit together.

The OCP presents the local government's preferred long-term development pattern, which describes:

• where future growth will be encouraged;

• where growth will not be encouraged;

• what types of development (e.g., mixed-use, high density residential) will be encouraged; and,

• what types of development (e.g, low density residential) will not be encouraged.

The local government's servicing plans identify the specific types and amounts of infrastructure that are required to bring the preferred development pattern to fruition. Servicing plans are normally created for


all major types of local infrastructure, such as roads, waterworks, sewerage and drainage systems, as well as for parkland.

The local government's DCC program contains the individual works, identified in the servicing plans that are required to accommodate growth. The cost of each of the works is allocated in the program between growth and the existing population. The portion allocated to growth forms the basis of the DCC rates.

What is the importance of good planning to DCCs?

The OCP's preferred development pattern is a direct reflection of the local government's growth management objectives. Many local governments have adopted what are typically referred to as "smart growth': objectives. Smart growth emphasizes the importance of environmentally-sustainable and economically-efficient development, characterized by compact urban forms, high density, mixed-use developments and an increased reliance on alternative modes of transportation.

Development patterns that are based on smart growth objectives are less expensive to service than patterns which encourage low density, spatially-dispersed growth. The higher servicing costs associated with traditional low density "sprawl" result in higher DCCs.

How can DCCs be structured to promote smart growth objectives?

DCCs are collected from growth to help pay the cost of services required to accommodate the growth. Existing data demonstrate that the overall cost of providing services to compact, medium, or high density, mixed-use development is lower than the cost of servicing traditional low density, suburban development. DCCs can be structured to recognize the differences in service

PAG DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS I 25

costs, and to provide an incentive for smart growth developments. DCC sectors and density gradients are two mechanisms that can be used to achieve the desired effect.

DCC sectors can be established to separate compact, high density development areas from other parts of the community.

Infrastructure projects that are deemed to have no benefit to the growth within these sectors can be excluded from the sectors' DCC programs. The exclusion of such projects results in lower DCC rates.

Major (costly) trunk extensions and arterial roads required to service outlying development areas are examples of the types of projects that can be excluded from smart growth DCC sectors. Development that occurs in these sectors is not required to pay toward the cost of these projects.

Density gradients differentiate among developments on the basis of density rather than type of growth. Gradients are created to take advantage of the inverse relationship that exists between the density of a development and its impact on key services. In general, the lower the density of a development, the higher the impact of that development on the cost of providing water, wastewater and road infrastructure. Applying density gradients to growth serves to lower the DCC rates payable by higher density projects.

Most local governments with DCCs make use of a two-level residential density gradient that differentiates between single family and multi-family developments. Some local governments have four-level residential gradients that account for the different impacts of large- and small-lot single family dwellings, and of low-rise and high-rise apat iment buildings.

26 J DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS

DCCs and Development

Do DCCs deter development?

The total cost of developing a piece of land in a community can be broken into various individual components. The price of the land is one component, as is the cost of construction materials, the price of labour and the developer's return on investment, or the development's profit. DCCs — the cost of providing off-site infrastructure services to the land — represent another component. As the individual cost components change, so does the total cost of the development. Steep increases in individual costs can result in an overall cost that the market is unwilling to support. In such cases, development will be deterred.

DCCs, as one cost component, do affect the overall cost of development. A significant increase in DCCs could push the total cost above the level that the market is willing to pay, and could discourage development. The size of the DCC increase required to generate this result depends, in large part, on the magnitude of the other cost components. In markets where DCCs comprise a relatively large part of the total cost, changes in rates may have a considerable impact on development decisions.

The potential for DCCs to deter development is an important point for local governments to consider. In setting DCC rates, local governments need to recognize that the decisions they make will influence the overall cost of development in the community. Careful consideration needs to be given to the:

• amount of future infrastructure required (is it reasonable?);

• infrastructure cost projections (are they fair?);

• methods of allocating costs between growth and the existing population (is the split equitable?);


• rates charged to different sectors (do smart growth and infill developments pay in accordance with their lower relative impact on works, or do they subsidize greenfield projects?);

• need for a grace period (do developers need time to adjust to new rates?); and,

• assist factor (do the final rates need to be adjusted?).

The potential for DCCs to deter development should focus a local government's attention on the need to establish DCCs that are fair and reasonable. If DCCs have the potential to adversely impact development, local officials should consider the wider range of development finance tools that may be used in place of, or in addition to, DCCs. These are described in the Development Finance Choices Guide.


DCCs Across British Columbia

Who uses DCCs in British Columbia?

DCCs are a popular development finance tool in British Columbia. In high growth areas, such as the Lower Mainland, parts of Vancouver Island and the Central Okanagan, DCCs are quite common. The widespread use of DCCs in these regions reflects the strong demand for infrastructure to accommodate ongoing development. In regions characterized by more modest growth, DCCs are slightly less popular, but are still used. For example, several local governments in the Central Interior and Kootenay regions of the province have DCC bylaws in place.

Who charges what?

Comparisons of rates across communities are inherently problematic, in part because of differences in growth pressures and infrastructure needs, but also because of differences in the way that individual DCC programs are constructed. Local governments have considerable flexibility in setting DCC rates. The rates that are ultimately determined in any one jurisdiction will reflect that local government's decisions related to a wide variety of inputs, including the costing of works, the existing population's share of total infrastructure costs, the use of DCC sectors, the assignment of costs among development types, the units on which to base charges and the municipal assist factor. The rates will also reflect the local government's decision to use other development finance tools in place of, or in addition to, DCCs.

Notwithstanding the problems inherent with cross-jurisdictional DCC comparisons, elected officials may appreciate the opportunity to review the approaches taken in other communities. The table on the following page provides a general sense of current DCCs across British Columbia, specifically for residential development.

DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS I PAGE

293j

It should be noted that the figures presented in the table have been rounded-off, and certain assumptions have been made (see "comments" column) in order to generate comparable data.

For a list of detailed rates, as they apply to all types of development throughout each of the centres listed, the local government should be contacted directly. The Ministry of Community Services can also provide a list of DCCs being applied throughout the province.

Residential DCCs across BC — January 2004

Jurisdiction SFR* MFR* Comments

Abbotsford $ 13,700 $ 7,600

Burnaby $ 7,45o - $ 7,85o

$ 5,000 - $5,400

both include GVS&DD charge; assumes wom2 MFR unit; high rate in Edmonds Town Centre

Castlegar $ 4,800 $ 3,620

Coquitlam $ 14,500 $ 10,400 both include GVS&DD charge; assumes medium density MFR

Kelowna $ 9,900 - $ 17,300

$ 7,500 - $ 13,000

lower rates are for City Centre; higher rates for outlying area

Langford $ 6,roo $ 4,800 includes CRD water DCC; assumes medium density MFR

Nanaimo $ o 000 -

$ 6 000 "

assumes room2 MFR unit; DCCs recently eliminated for City Centre

Parksville $ 2,800 - $ 7,000

$ 5,000 - $ 5,500

ranges over sectors; assumes room2 MFR unit

Prince George $ 3,410 $ 1,900 core area; medium density MFR

Richmond $ 14,300 $ 11,400 both include GVS&DD charge; assumes medium density MFR

Sidney $ 97o - $ 3,225

$ 97o - $ 3,225

range for both types over sectors

Surrey $ 21,000 $ 6,000

- $13,200

both include GVS&DD charge; medium density wom2 MFR unit assumed; low rate in City Centre

*Figures provided are per dwelling unit. SFR — Single Family Residential, MFR— Multi-family Residential, GVS&DD — Greater Vancouver Sewerage and Drainage District, CRD — Capital Regional District

30 DEVELOPMENT COST CHARGE GUIDE FOR ELECTED OFFICIALS

PAsi F

Closing Comments

DCCs are a popular tool of development finance that can help a local government achieve its growth management and financial objectives, while at the same time promoting and supporting growth.

When considering DCCs, local government officials are encouraged to keep in mind certain guiding principles that have been addressed in this Guide. These principles are summarized below.

• DCCs represent one choice. DCCs represent one of the tools available to local governments in the provision of growth-related infrastructure. The Development Finance Choices Guide introduces and provides advice on other development finance tools. Certain tools are better suited than others to different development situations. Local government officials need to explore all options before choosing which tools to use.

• DCCs should support broader growth management objectives. DCCs are an integral component of the local government's growth management framework. They should be developed and applied in ways that support, rather than undermine, the broader growth management objectives.

• Fairness and equity are critical in a DCC program. Those who require and benefit from municipal infrastructure should pay their fair share of the cost of providing the infrastructure. DCC rates, and the decisions on which they are based, need to be fair and equitable to the various types of growth that are projected to occur, and to existing taxpayers.


• Transparency in the rate-setting process is required. DCCs will be scrutinized by the public, the development industry and reviewed by the Ministry of Community Services. Local government decisions related to project costs, allocation of costs, use of sectors, the assist factor and other issues should be well-reasoned and explained.

• DCCs should be current. Local governments should regularly update their DCC bylaws to ensure that the rates reflect changes to infrastructure needs and project costs, as well as changes to important growth management objectives. At the same time, notwithstanding the need for regular updates, developers do expect a certain degree of stability in rates over time. Major changes to DCC programs may create uncertainty and discourage development.

• Stakeholder input is important. DCCs impact many different organizations and individuals, including the development industry and existing ratepayers. All parties that may be affected by a DCC program should be afforded meaningful opportunities to participate in the DCC decision-making process.


For More Detailed Information

Ministry Best Practice Guides

Development Cost Charges Best Practices Guide Development Finance Choices Guide Available electronically through the search function of the British Columbia Government website at: www.gov.bc.ca

Or call

Ministry of Community Services Intergovernmental Relations and Planning Division

Ministry of Community Services Infrastructure and Finance Division

Toll Free through Enquiry BC In Vancouver call: Elsewhere in BC call:

1-250-387-3394

1-250-387-4060

1-604-660-2421 1-800-663-7867

PAIE :

Town of Qualicum Beach

DEVELOPMENT COST CHARGES BYLAW Bylaw No. 550.06, 2005

CONSOLIDATED FOR CONVENIENCE ONLY

This is a consolidation of Bylaw No. 550.06 with the bylaws below. The amending bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. The Corporation does not warrant that the information contained in this consolidation is current. Certified copies of the original bylaws should be consulted to ensure accurate, current bylaw provisions.

Amending Bylaw

Date of Adoption

Bylaw No. 550.07

December 14, 2005 Bylaw No. 550.08

January 30, 2006

The bylaw numbers in bold in the margin of this consolidation refer to the last bylaw that amended each section of the principal bylaw: "Town of Qualicum Beach Development Cost Charges for Water, Drainage, Highway Facilities and Park Land Bylaw No. 550.06, 2005".

Page 2 Bylaw 550.06 Consolidated for Convenience (August 2006) to Amendment Bylaw No. 550.08

TOWN OF QUALICUM BEACH BYLAW NO. 550.06

A BYLAW TO IMPOSE DEVELOPMENT COST CHARGES FOR WATER, DRAINAGE, HIGHWAY FACILITIES AND PARK LAND

WHEREAS pursuant to Section 933 of the Local Government Act, Council may by bylaw, impose development cost charges under the terms and conditions of that section;

AND WHEREAS development cost charges may be imposed for the purpose of providing funds to assist the local government in paying the capital costs of providing, constructing, altering or expanding water, drainage, highway facilities and providing and improving park land in order to serve, directly or indirectly, the development for which the charge is being imposed;

AND WHEREAS in establishing the development cost charges under this bylaw, Council has considered the future land use patterns and development, the phasing of works and services and the provision of park land described in the Town of Qualicum Beach Official Community Plan;

AND WHEREAS Council is of the opinion that the development cost charges imposed under this bylaw:

(a) are not excessive in relation to the capital costs of prevailing standards of service,

(b) will not deter development, and

(c) will not discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land,

within the Town of Qualicum Beach.

AND WHEREAS the approval of the Inspector of Municipalities has been obtained;

NOW THEREFORE the Council of the Town of Qualicum Beach in open meeting assembled enacts as follows:

1. Interpretation:

"Commercial Use" means all uses except residential use and industrial use.

"Gross Floor Area" means the space on any story of a building, including the PAGE basement, between exterior walls and required firewalls, including the space


occupied by interior walls and partitions, but not including any floor area used exclusively for vehicle parking or vehicle access, any basement area where the ceiling is less than 1.8 metres above the floor, exits, vertical service spaces, and their enclosing assemblies.

"Mixed Use Building" means a building that contains one or more self-contained dwelling units in conjunction with commercial use.

"Multiple Family Residential Building" means a building used for residential use only and containing more than one self-contained dwelling unit.

"Vertical Service Space" means a shaft oriented essentially vertically that is provided in a building to facilitate the installation of building services including mechanical, electrical and plumbing installations and facilities such as elevators, refuse chutes and linen chutes.

2. Subject to the provisions of Section 3, every person who obtains:

a) approval of a subdivision of a parcel of land under the Land Title Act, or a subdivision by bare land strata plan, pursuant to the Strata Property Act for residential purposes other than for a multiple family residential building; or

b) a building permit authorizing the construction, alteration or extension of a building or structure, for any purpose,

c) a building permit for any new floor area which has a construction value in excess of $50,000 or the total of the building permits issued for the same parcel of land within the preceding 2 years exceeds $50,000

d) the charges will be based on the actual use of the building not the zoning category of the property

i) despite the above, where there is more than one use, each use is subject to the charge based on the actual use and there may be more than one category applied per building

ii) mezzanines, storage or similar areas within a building are subject to development cost charges based on the same use that the majority area of the building contains

iii) where a building is vacant and its future use cannot be determined, development cost charges are payable in accordance with the zoning category for the land upon which the building is situated


shall pay to the Town of Qualicum Beach the applicable development cost charges as provided in Schedule "A", at the time provided in Schedule "A".

(550.08)

3. S. 2 does not apply:

a) where the imposition of a development cost charge is prohibited by statute;

b) to the first detached single family dwelling on a lot; or

c) to the largest dwelling unit on a lot contained in a multiple family residential building on that lot. (550.08)

4. This bylaw does, to the extent provided, apply to a person who obtains a building permit that authorizes the construction, alteration or extension of a building that will, after construction, alteration or extension, contain fewer than 4 self-contained dwelling units, and that will be put to no other use other than residential use in those dwelling units.

5. Schedules "A", "B", "C" and "D" form part of this bylaw.

6. "Town of Qualicum Beach Development Cost Charges for Water, Storm Drainage, Road and Park Land Facilities Bylaw No. 550.05, 2004" is repealed.

7. This bylaw may be cited for all purposes as "Town of Qualicum Beach Development Cost Charges for Water, Drainage, Highway Facilities and Park Land Bylaw No. 550.06, 2005".

READ A FIRST TIME this 25th day of May, 2005.

READ A SECOND TIME this 25th day of May, 2005.

READ A THIRD TIME this 13th day of June, 2005.

APPROVED BY THE INSPECTOR OF MUNICIPALITIES this 30th day of June, 2005.

ADOPTED this 11th day of July, 2005.

"T. Westbroek" "S. Keddv" Mayor Corporate Administrator


SCHEDULE "A"

TO

Town of Qualicum Beach Development Cost Charges for Water, Drainage, Highway Facilities and Park Land

Bylaw No. 550.06, 2005 (the "Bylaw")

Pursuant to S. 2 of this Bylaw, development cost charges shall be paid as follows:

1. In respect of a residential use, other than a multiple family residential building upon the earlier of:

(a) subdivision of land to permit such residential use; and

(b) upon issuance of a building permit for the construction, alteration or extension of a residential building

Water 2,985.00 Drainage 2,055.00 Highway Facilities 3,058.00 Park Land 3,675.00

Total 11,773.00

per lot being created or per residential unit constructed. (550.07)

2. (a) Upon issuance of a building permit for the construction, alteration or extension of a multiple family residential building, except within the area delineated on Schedule "D" (Village Neighbourhood), the following charge shall be paid for each square metre of gross floor area authorized by the building permit provided that no development cost charge for a multiple family residential building shall exceed an amount calculated by multiplying the number of dwelling units that are subject to Development Cost Charges in the multiple family residential building by $11,773.00. (550.08)

Water 22.39 Drainage 20.55 Highway Facilities 22.93 Park Land 27.56

Total 93.43


(b) In the area delineated by heavy black lines on Schedule "D" (Village Neighbourhood) upon issuance of a building permit for the construction, alteration or extension of a multiple family residential building the following charges shall be paid for each square metre of Gross Floor Area authorized by the building permit provided that no development cost charge for a multiple family residential building shall exceed an amount calculated by multiplying the number of dwelling units that are subject to Development Cost Charges in the multiple family residential building by $11,773.00. (550.08)


Total 84.09

3. Except as provided in Sections 4 and 5 of this Schedule "A", upon issuance of a building permit for the construction, alteration or extension of a building or part of a building for any commercial use, the following charge shall be paid for each square metre of gross floor area authorized by the building permit:


Total 82.71

4. Upon issuance of a building permit for the construction, alteration or extension of a building or part of a building for any industrial use on lands delineated in heavy black lines on Schedule "B" (Industrial Area), the following charge shall be paid for each square metre of gross floor area authorized by the building permit:

Highway Facilities 30.58

Total 30.58


5. Upon issuance of a building permit for the construction, alteration or extension of a building or part of a building for any industrial or commercial use located on lands delineated in heavy black lines on Schedule "C" (Airport), the following charge shall be paid for each square metre of gross floor area authorized by the building permit:

Water 22.39 Drainage 20.55

Total 42.94

6. Upon issuance of a building permit for the construction, alteration or extension of a mixed use building the development cost charges as follows:

• for the residential portion of the building shall be as set out in Section 2(a) or (b) of this schedule as applicable;

• for the commercial portion of the building shall be as set out in Section 3 or 5 of this schedule as applicable;

• for the industrial portion of the building shall be as set out in Section 4 or 5 of this schedule as applicable.

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REGIONAL DISTRICT OF NANAIMO

BYLAW NO. 1442 (Consolidated to Bylaw 1442,02)

A BYLAW TO IMPOSE DEVELOPMENT COST CHARGES WITHIN THE NORTHERN COMMUNITY SEWER SERVICE AREA

WHEREAS the Board may, pursuant to Section 933 of the Local Government Act, impose development cost charges under the terms and conditions of that section;

AND WHEREAS development cost charges may be imposed for the sole purpose of providing funds to assist the Regional District to pay the capital cost of providing, constructing, altering or expanding wastewater treatment facilities, including treatment plants, trunk lines, pump stations and other associated works in order to serve, directly or indirectly, the development for which the charges are imposed;

AND WHEREAS in establishing the development cost charges under this bylaw, the Board has considered the future land use patterns and development, and the phasing of works and services within the boundaries of the Northern Community Sewer Service area;

AND WHEREAS the Board is of the opinion that the development cost charges imposed under this

bylaw:

(a) are not excessive in relation to the capital costs of prevailing standards of service,

(b) will not deter development, and

(c) will not discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land,

within the Regional District of Nunaimo,

NOW THEREFORE the Board of the Regional District ofNanaimo in open meeting assembled enacts as follows:

1. INTERPRETATION

In this bylaw:

"Airport industria. I Ike" means any building constructed on airport lands for airport purposes.

"Assisted living" means a building or buildings used for multiple family residential use, where there may be common facilities and a cafeteria or eating area, but where residents are ambulatory and live in private rooms or units which can be locked and which are not automatically accessible to care staff.

"Building" means any structure and portion thereof, including mechanical rooms, that is used or intended to be used for the purpose of supporting or sheltering any use or occupancy.

"Commercial Use" means the use of land or buildings for any retail, tourist accommodation, restaurant, personal or professional services, commercial entertainment or commercial recreational use, and any other business use which is not an industrial or institutionafuse.


Bylaw Na. 1442 (Consolidated) Page 2

"DCC' means a development cost charge.

"Dwelling Unit" means one self-contained unit with a separate entrance intended for year-round occupancy and the principal use of such dwelling unit is residential, with complete living facilities for one or more persons, including perrnanent provisions for living, sleeping, cooking and sanitation, but does not include a secondary suite as defined in the British Columbia Building

Code!

"Gross Floor Area" means the total of the horizontal areas of all floors in a building, including the basement measured to the outside of the exterior walls of the building, but not including any floor area used exclusively for vehicle parking or vehicle access, any basement area where the ceiling is less than 1.8 meters above the floor, exits, vertical service spaces, and their enclosing

assemblies.2 •

"Industrial Use" means the use of land or buildings for any manufacturing, processing, repair,

storage, wholesaling or distribution of goads.

"Institutional Use" means the use of land or buildings for any school, hospital, correctional facility, care facility, or for the purposes of a public body or publicly regulated utility, but does not include "assisted living" uses.

"Lot" means a parcel created by registration of subdivision under the Land Title Act (British Columbia) or the Bare Land Strata regulation under the Strata Property Act (British Columbia)

"Mobile Home Park" means an unsubdivided parcel of land, not subdivided pursuant to the Strata Property Act and amendments thereto, on which are situated three or more mobile homes for the purposes of providing residential accommodation, but specifically excludes a hotel;

"Multiple Family Residential" means a building or buildings containing two or more dwelling units on a parcel and includes row housing, cluster housing, townhouses, apartment and "assisted

living" uses.

"Vertical Service Space" means a shaft oriented essentially vertically that is provided in a building to facilitate the installation of building services including mechanical, electrical and plumbing installations and facilities such as elevators, refuse chutes and linen chutes,'

2. CHARGES

Every person who obtains:

approval of the subdivision for any purpose of a parcel of kind under the Land Title Act or the Strata Property Act which creates fee simple or bare land strata lots which are zoned to permit no more than two dwelling units, or

b) a building permit authorizing the construction, alteration or extension of a building, including a building containing less than four self-contained dwelling units and that will, after the construction, alteration or extension, be put to no other use other than the residential use in those dwelling units, or

Bylaw No. 1442.02,2009

Bylaw No, 1442.02,2009

3 Bylaw No, 1442.02,2009

a)


Bylaw No. 1442 (Consolidated) Page

a) a building perrnit for any new floor area which has a construction value in excess of $50,000.00 or where the total of the building permits issued for the same parcel of land within the preceding 2 years exceeds $50,000,

shall pay, at the time of the approval of the subdivision or the issue= of the building permit, the applicable development cost charges as set out in Schedule 'A' attached to and forming part of

this bylaw.

3. The charges outlined on Schedule `A* will apply to properties outlined on Schedule '13', attached to and forming a part of this bylaw.

4. The charges outlined on Schedule "As will be based on the actual use of the building not the zoning category of the property; and,

where there is more than one use, each use is subject to the charge based on the actual use and there may be more than one category applied per building.

b) mezzanines, storage or similar areas within a building are subject to development cost charges based on the same use that the majority area of the building contains.

c) where a building is vacant and its Mum use cannot be determined, development cost charges are payable in accordance with the zoning category for the land upon which the building is situated,

d) where a building permit is issued for the construction, alteration or extension of a multiple family residential building the rates in Schedule 'A' will apply as required in this bylaw, provided that the total amount payable shall not be greater than the amount that would be obtained by multiplying the number of dwelling units to be constructed by the single family dwelling unit rate in Schedule 'A'.4

5. EXCEPTIONS

Section 2 does not apply to a subdivision or building in respect of which the imposition. of a development cost charge is prohibited by statute.

If by statute or by operation or law, this Bylaw does not apply to an application to subdivide or an application for a building permit made prior to the adoption ofthis bylaw, any bylaw repealed by this bylaw shall remain unrepealed and in force and effect in relation to such applications, so far as is necessary to impose development cost charges under that bylaw at the time of subdivision approval or issuance of the building permit.

c) Section 2 does not apply to the first self-contained residential unit constructed on a lot but applies to all subsequent residential units constructece

EFFECTIVE DATE

The effective date for the application of the rates contained within this bylaw will be the later of February 24, 2009 or the date upon which this bylaw is adopted by the Board of the Regional District of Nanaimo.6

$ Bylaw No. 1442.02.2699 $ Bylaw No. 1442.01, 2602 6 Bylaw Na. 1412.02.2009

a)


Bylaw tIe. 1442 (Consolidated) Page 4

7, REMAINDER OF BYLAVV TO BE MAINTAINED INTACT

In the event that any portion of this bylaw is declared ultra vires, such portion from this bylaw with the intent that the remainder of this bylaw shall continue

effect.

shall be severed in full force and

TITLE

This bylaw may be cited for all purposes as "Northern CommunitySewer Service Development Cost Charges Bylaw No. 1442,2005",

Area

Introduced for first and second readings this 2.1ith day oflune, 2005.

Read a third time this 26th day of July, 2005.

Approved by the Inspector of Municipalities this 12th day of August, 2005.

Adopted this 23rd day of August, 2005.

CHAIRPERSON DEPUTY ADMINISTRATOR


Schedule W to accompany 'Northern Community Sewer Local Service Development Cost Charge Bylaw No. 1442.02, 2009°

Chairperson

Or. htgr.,.Corponste Admtration

SCHEDULE 'A'

Development 'Cost Charges for Wastewater Treatment/Sanitary Sewer Works and Services

Pursuant to Section 2 of Bylaw No. 1442 and subsequent amendments, development cost charges shall be levied in those areas that will be serviced by wastewater treatment/sanitary sewerage works and services HS outlined on the map in Schedule 'B'.

2, The assist factor for wastewarer treatment/sanitary sewerage works and services shall be 1%.

3. All charges shall be paid in full prior to the approval of a subdivision or building permit unless paid by way of installments in accordance with BC Reg 166/84.

4, The Development Cost Charge Schedule is as follows:

Development Type Subdivision Building Permit

Single family $7,337.00 per lot $7,337.00 per dwelling unit

Multiple family residential $53.95 per ma of gross floor area

Commercial $31,45 per ma of gross floor area

Industrial _ 531.45 per m2 of gross floor area

Airport Industrial $3,50 per m2 of gross floor area

Institutional

_

I $38.45 per m2 of gross floor area

Bylaw No 1142.02,2009


Schedule 'C' to aceompiary Northam Community Sewer Service Area Development Cost Charges Allit4dMent Bylaw 14o, 1442.01. 20074

Charmerson

Sr. M&r., Corporate Administration

tktw No, 1442.01,2007

Town of Qualicum Beach Downtown Development Cost Charges Reduction Bylaw No. 682, 2012-Consolidated August 2014 Page 2 of 4

TOWN OF QUALICUM BEACH BYLAW NO. 682

A BYLAW TO REDUCE DEVELOPMENT COST CHARGES FOR DEVELOPMENT WITHIN THE VILLAGE NEIGHBOURHOOD OF THE TOWN OF

QUALICUM BEACH

WHEREAS Council is permitted by Section 933.1 of the Local Government Act to waive or reduce a development cost charge (DCC) by bylaw for developments that are designed to result in low environmental impact;

AND WHEREAS Council recognizes that development within the Qualicum Beach downtown specified area is designed to result in a low environmental impact due, in part, to existing infrastructure, availability of and proximity to services, walkability of the downtown and reduced vehicle usage, and the associated reductions in greenhouse gas emissions;

NOW THEREFORE the Council of the Town of Qualicum Beach, in open meeting assembled, enacts as follows:

1. DEFINITION For the purpose of this bylaw, unless the context otherwise requires:

"Eligible Housing" means:

(a) not-for-profit housing, including supportive-living housing;

(b) for-profit affordable rental housing, where "affordable" means the housing is subject to a covenant and housing agreement registered in the Land Title Office in favour of the Town of Qualicum Beach to restrict below fair market value the rent, lease, sale or share prices that may be charged, and the rates these may be increased over time;

secondary suites, garden suites, and carriage houses as defined in "Town of Qualicum Beach Land Use and Subdivision Bylaw No. 580, 1999" as amended from time to time. (Bylaw 682.02)

2. ELIGIBLE DEVELOPMENT For the purposes of this Bylaw, any development that occurs within the Village Neighbourhood, which encompasses the lands shown within the heavy outline on Schedule "A" attached to, and forming part of, this Bylaw, is designed to result in a low environmental impact, and constitutes a class of eligible development for that purpose.

3. REDUCTION The class of eligible development described in Section 2 will have the applicable Town of Qualicum Beach DCC amount payable reduced by up to one hundred percent (100%).

Town of Qualicum Beach Downtown Development Cost Charges

Reduction Bylaw No. 682, 2012-Consolidated August 2014

Page 3 of 4

(i) by thirty percent (30%) in respect of residential improvements having a density of fifty (50) dwelling units per hectare and an additional 1.35% reduction per additional dwelling unit per hectare, to a maximum reduction of seventy percent (70%) (Bylaw 682.01)

(ii) by an additional thirty percent (30%) in respect of residential improvements that are LEED Certified or a comparable green standard as approved by the Town's Director of Planning;

(iii) by one hundred percent (100%) in respect to new commercial development with a residential density greater than eighty (80) dwelling units per hectare; and

(iv) by one hundred percent (100%) in respect to new Eligible Housing.

4. SEVERABILITY If any part, paragraph or phrase in this Bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, that portion shall be severed and the remainder of this bylaw shall continue in force.

5. Schedule "A" - Village Neighbourhood is attached to and forms part of this Bylaw.

6. This bylaw may be cited as "Town of Qualicum Beach Downtown Development Cost Charges Reduction Bylaw No. 682, 2012".

INTRODUCED AND READ A FIRST TIME this 9th day of July, 2012.

READ A SECOND TIME this 13th day of August, 2012.

READ A THIRD TIME this 13th day of August, 2012.

ADOPTED on this 10th day of September, 2012.

Teunis Westbroek Trudy Coates Mayor Corporate Administrator

IT1

Town of Qualicum Beach Downtown Development Cost Charges Reduction Bylaw No. 682, 2012-Consolidated August 2014 Page 4 of 4

SCHEDULE "A" Village Neighbourhood

Legend:

es Village Neighbourhood

-640 PRIMROSE Sf PI 12.10 1S14911 POBOX is CIP) Ti2.114.1 QUALICIA1 i1IAdnac vr.quatimbenaLcom V9K 1ST

100 200m

July 5, 2012

BYLAW 682 SCHEDULE 'A'

Town of Qualicum Beach FIRE DEPARTMENT

N1*/ MEMORANDUM

TO: Daniel Sailland CAO

FOR: Committee of the Whole, January 27, 2016 FROM: Darryl Kohse, Fire Chief

SUBJECT: Fire Protection and Life Safety Regulation Bylaw No. 698

PURPOSE To provide information and recommendation regarding "Town of Qualicum Beach Fire Protection and Life Safety Regulation Bylaw No. 698, 2016".

BACKGROUND The Town of Qualicum Beach Fire Bylaw No. 569 was adopted in 1997, and since then, the fire department has gone through changes in service delivery, fire prevention and inspection program.

Over the last 19 years the progression of the Qualicum Beach Fire Department has seen it go from a fully volunteer department to a composite department with both paid and volunteer staff. Overall changes to the fire service has led to great improvements to firefighter safety and the regulating of fire departments. Bylaw No. 698 would adopt the standards set out in the BC Fire Code and sets the roles and responsibility of the fire department staff under the direction of the CAO of the Town of Qualicum Beach.

Working with the Fire Commissioners Office of British Columbia and the BC Fire Code, the department has developed a program that regulates local buildings and scheduled inspections based on their occupancy and use. This program is very effective but has not yet been adopted as part of a bylaw by council and therefore not readily enforceable by the municipality. As Local Assistants to the Fire Commissioner, the Fire Chief and Deputy Fire Chief have the ability to write fire code orders on some occupancies for non-compliance of the fire code but it becomes a very difficult and lengthy process to get enforcement from the province. Many fire departments have opted to use municipal bylaws to obtain compliance from building owners and/or the building occupiers.

Currently the department is working to develop pre-fire plans for all commercial occupancies within the community. The department has been creating its own pre-fire plans for existing occupancies but under the proposed bylaw, property owners will be required to provide the fire department with pre-fire plans of any newly constructed buildings, reducing the added work load of the department. Currently the department has approximately 150 pre-fire plans left to complete.

Under the newly proposed bylaw, fire officials will also be able to remedy fire hazards by writing municipal orders for buildings in disrepair, vacant buildings, and the storing and handling of materials that pose a potential fire hazard or hazard to life and property.

The enforcement of the exits and access to and from buildings by the fire department has always been a challenge. Bylaw No. 698 would allow the department to better enforce access to buildings by fire department vehicles and personnel. Currently there is no bylaw in place that regulates parking or the blocking of access to the fire lane gates or roadways. Also the proposed bylaw will allow staff to enforce an evacuation order or no occupancy order for buildings that are deemed to be unsafe.

PAGE APO-

Darryl Kohse Daniel Saillan Fire Chief CAO

Concurrence

Currently there are no standards within the town regulating fire department access to fire hydrants or the servicing of privately owned fire hydrant. Bylaw No. 698 would give the fire department unimpeded access to fire hydrants of 1 metre. Required inspections and servicing would ensure hydrants are operational in the event of a fire.

The proposed bylaw would regulate the monitoring and servicing of fire alarms that will ensure alarms are kept up to date and operational. It would also require that emergency contact information be kept up to date.

The regulation of street addresses would greatly improve response times for not only fire department personnel but other emergency agencies. Currently in Qualicum Beach there is no set standard for placement or size of street numbers.

The Qualicum Beach Fire Department recommends the adoption of the proposed Bylaw No. 698 as part of a regulatory program for inspections and prevention and confirming the roles and responsibilities of the fire department.

ALTERNATIVES: Maintain the current bylaw with no changes Provide alternative direction to staff.

File: 7200-01 and Bylaw No.698 N \0100-0699 Admin\ 0360 Committeess & Commissions\ Committee of the VVhole \ 2016 \Jan 27 COW Agenda


A BYLAW TO REGULATE FIRE PROTECTION AND LIFE SAFETY AND TO PROVIDE EMERGENCY SERVICES

WHEREAS the Council of the Town of Qualicum Beach may, by bylaw pursuant to sections 8(3)(g), 63 and 66 of the Community Charter, S.B.C. 2003, c. 26, ("Community Charter") prohibit, impose requirements, and establish regulations for the protection of persons and property, and authorize the Fire Chief and members of the Fire Rescue Department to exercise certain powers;

AND WHEREAS the Council of the Town of Qualicum Beach may, by bylaw, impose fees pursuant to sections 194 and 196 of the Community Charter;

AND WHEREAS the Council of the Town of Qualicum Beach, may by bylaw, pursuant to section 154 of the Community Charter, delegate its powers, duties and functions to an officer or employee of the Town of Qualicum Beach;

AND WHEREAS the Council of the Town of Qualicum Beach may, by bylaw regulate, prohibit and impose requirements in relation to burning, pursuant to sections 8(3)(i) and (h), 15 and 64(a) and (c) of the Community Charter and in relation to municipal services pursuant to section 8(3)(a) of the Community Charter;

THEREFORE BE IT RESOLVED that the Council of the Town of Qualicum Beach, in open meeting assembled, enacts as follows:

1. This Bylaw may be known and cited as "Town of Qualicum Beach Fire Protection and Life Safety Regulation Bylaw No.698, 2016"

2. The "Town of Qualicum Beach Fire Bylaw No. 569, 1997" is hereby repealed.

3. Unless otherwise defined as follows, or the context otherwise requires, all words and phrases in this Bylaw shall be construed in accordance with the meaning assigned to them in the Building Code, Fire Services Act and BC Fire Code.

"Access Route" means a private road, driveway, lane or portion of a yard, which has been provided for access by Fire Department Vehicles or Equipment in accordance with the British Columbia Building Code and BC Fire Code;

"Alarm" means the giving, signalling or transmission to any public fire hall, fire dispatch or company, or to any Officer or employee thereof, whether by telephone, spoken word or otherwise, of information to the effect that a fire or emergency situation exists at or near the place indicated by the person giving, signalling or transmitting such information.

"Apparatus" means any vehicle provided with machinery, equipment, or materials for Fire Protection, and any vehicle used to transport personnel or supplies.

"Building Code" means the British Columbia Building Code, as amended from time to time. PAGE

Page 2 of 25

Town of Qualicum Beach Fire Protection and Life Safety Regulation Bylaw No. 698, 2016

"Building"

"Bylaw Enforcement Officer"

"Combustible Liquid"

"Contact Person"

"Duty Officer"

"Equipment"

"False Alarm"

means a structure that is used or intended to be used, for occupancy/ or the shelter of persons, animals or property, except those prescribed.

means the person appointed by Council as the Town of Qualicam Beach for the purpose of this bylaw which also includes the Fire Chief and the Deputy Fire Chief.

means any liquid having a flash point at or above 37.8 degrees Celsius and below 93.3 degrees Celsius.

means any combustible materials that are to be landfilled or recycled.

means any waste or refuse created by the clearing of land, the construction, repair, or demolition of a Building or Structure, including without limitations, trees, branches, stumps and roots.

means a person designated by the occupier or owner of a Building or Structure at which a Fire Alarm system is installed who is able to attend at the Building or Structure when the Fire Alarm System has been activated.

means the municipal Council of the Town of Qualicum Beach.

means a person authorized to act fvopthe Fire Chief on his or her behalf in his or her absence.

means an Officer of the Qualicum Beach Fire Rescue Department designated by the Fire Chief or Deputy Fire Chief to act in a Senior Officer Capacity during scheduled weekends, weekdays or as it deemed necessary.

means any tools, contrivances, devices or materials used by the Fire Rescue Department at any incident or other emergency.

means the activation of a Fire Alarm System resulting in the direct or indirect notification of the Fire Rescue Department to attend the address of the Fire Alarm System, where there is, in fact, no Incident at that address.

"Combustible Refuse"

"Construction Material"

"Council"

"Deputy Fire Chief"

PAGE

"Fire Protection Technician"

"Fire Rescue Department"

means a person who has provided the Fire Rescue Department with acceptable documentation from a manufacturer of Fire and Life Safety Equipment certifying that he or she has been trained to install and service their equipment or documentation from the agency known as the Applied Science Technologist and Technicians of British Columbia, certifying that he or she is able to perform inspections and testing on fire extinguishers, Fire Alarm Systems, Sprinkler systems, and other Fire and Life Safety Equipment, or a person approved by the Fire Chief.

means the Town of Qualicum Beach Fire Rescue Department.

Page 3 of 25 Town of Qualicum Beach Fire Protection and Life Safety Regulation Bylaw No. 698, 2016

"Fire Alarm System"

"Fire and Life Safety

"Fire Chief"

means all equipment, including, without limitation, batteries, alarm gongs, horns, buzzers, switches, wiring, relay equipment, sensors, and other accessories designed to issue a warning of a fire by activating an audible alarm signal or alerting a monitoring service, but does not include a fire alarm or smoke detector that is intended to alert only the occupants of a single dwelling unit.

includes, but is not limited to: Fire Alarm Systems, automatic Systems, special extinguishing systems, portable extinguishers, and emergency lighting. Equipment: water supply systems for fire protection, standpipe and hose systems, smoke control measures, emergency power installations, voice communication systems and firefighter elevators.

means a person appointed by resolution of Council to be in charge of the Fire Rescue Department, and includes any other person authorized to act on behalf of the Fire Chief.

means the British Columbia Fire Code, as amended from time to time.

means streets, yards or roadways provided for fire department access which shall be maintained so as to be ready for use at all times by fire department vehicles.

"Fire Code"

"Fire Lane"

"Fire Prevention Officer"

means a member of the Fire Rescue Department authorized in writing by the Fire Chief to be a Fire Prevention Officer, and a Local Assistant to the Fire Commissioner.

"Fire Safety Plan" is a set of emergency procedures and guidelines to be followed by the

occupants of a Building in the event of a fire or an emergency in a Building or Structure; and may include the locations of utilities and emergency shut offs for gas and water, and operational information of Fire and Life Safety Equipment.

Page 4 of 25


"Fire Services Act" means the Fire Services Act, R.S.B.0 1996, c. 144, as amended from

time to time.

"Firefighter" means every member of the Fire Rescue Department other than an Officer, whose duties include fire prevention, fire suppression, or emergency response.

"Incident" means a fire or any other class of circumstances that may cause harm to persons or property, and includes rescue, medical aid, hazardous material incidents or other similar situations that are a threat to life.

"Member" means any person that is duly appointed by the Fire Chief as a member of the Fire Rescue Department.

"Municipality" means the Town of Qualicum Beach, incorporated in 1942, governed by an elected Mayor and Council who direct the functions of the Town by way of Chief Administrative Officer (CAO).

"Occupancy" means the use or intended use of a Building or part thereof for the shelter or support of persons, animals or property.

"Officer" means any member of the Fire Rescue Departmen holding the rank of: - Fire Chief - Deputy Fire Chief - Assistant Fire Chief - Captains and Lieutenants

"Officer In Command" means the highest-ranking Officer in attendance at an incident. In the

event that an Officer is not in attendance at an Incident, the most senior Member in attendance at the incident will assume command in accordance with Section 12(1) of this bylaw.

"Open Burning" means a fire in the open air, but does not include a Cooking Fire or a fire where products of combustion from the fire are conveyed to, and disposed of, by means of a chimney in a Building or Structure constructed and maintained in accordance with the Building Code.

"Order"

means taking a remedial action, giving an approval, making a decision or a determination, issuing a permit, or exercising discretion under this bylaw and/or the BC Fire Code by the Fire Chief, or an authority having jurisdiction.

"Peace Officer" means any RCMP member or a Bylaw Enforcement Officer.

"Premises" means a Building or Structure together with its grounds and Appurtenances.

PAGE

Page 5 of 25


"Pre-Incident Plan"

"Sprinkler System"

"Structure"

"Vehicle"

means a series of documents containing plans, drawings and written descriptions identifying the type and location of Buildings, fire fighting hazards, Fire and Life Safety Equipment and utilities.

means a fire hydrant on private property or common property within a strata property. is a suite operated as a housekeeping unit under a single tenancy.

means a combined smoke detector and audible alarm device designed to sound an alarm, within the room in which it is located upon detection of smoke within the room.

includes all equipment forming part of, or used in connection with, a fire sprinkler system, including without limitation, all heads, valves, piping, switches, sensors, relay equipment, and other accessories.

means any construction, or any production, or piece of work artificially built up or composed of parts joined together in some definite matter; that which is built or constructed; an edifice or Building of any kind whether fixed to, supported by, or sunk into land or water, including combinations of materials to form a construction for Occupancy, use or ornamentation whether installed on, above or below the surface of a parcel of land, but specifically excludes landscaping, fences, paving and retaining structures less than 1.5 metres in height.

means a device in, upon, or by which a person or thing is or may be transported or drawn upon a highway, except a device designed to be moved by human power or used exclusively upon stationary rails or tracks.

"Private Hydrant" "Single Dwelling"

"Smoke Alarm"

PART 1- ADMINISTRATION

4. Provincial Fire Code Adtipted

Pursuant to Section 15 of the Community Charter, the Council adopts and establishes for the Town of Qualkum Beach the B.C. Fire Code. The provisions of the B.C. Fire Code adopted and established are made part of this Bylaw and shall be considered as provisions of this Bylaw.

5. Confirmation of Fire Rescue Department

The Fire Rescue Department, as established, is hereby confirmed.

Page 6 of 25


6. Confirmation and Appointment of Fire Chief

(1) The position of Fire Chief, as established, is hereby confirmed as a department within the structure of the Municipality.

(2) The Fire Chief shall be appointed by a resolution of Council.

7. Responsibilities and Duties of Fire Chief

(1) While respecting the administrative structure of the Municipality, the Fire Chief is the Director of the Fire Rescue Department and is responsible for the efficient management of all Members, Apparatus, Equipment, responses to Incidents and the provision of fire prevention and protection services to the Town of Qualicum Beach. The Fire Chief shall ensure that the Fire Rescue Department maintains an effective roster of personnel and that:

(a) The department shall consist of a minimum of thirty (30) members but not more than forty (40) members, provided however, that this number may be varied from time to time at the request of the Fire Chief, with the approval of Council.

(2) Under the direction of the CAO, the Fire Chief shall implement and enforce the rules, regulations and policies necessary for the proper organization, administration and operation of the Fire Rescue Department. Including but not limited to:

(a) The use, care and protection of Fire Rescue Department property; (b) The conduct and dikipline of Members of the Fire Rescue Department; (c) The safe and efficient operation of the Fire Rescue Department; and (d) The duties and responsibilities of Members.

(3) The Fire Chief shall take responsibility for all fire protection matters and other Incidents, including the enforcement of,applicable sections of the Fire Services Act and its regulations, and the Fire Code, and shall assume the responsibilities of a local assistant to the Fire Commissioner.

(4) The Fire Chief may appoint or designate other Officers of the Fire Rescue Department to act as Fire Chief on his behalf and may, in writing, authorize Officers to exercise the powers of local assistant to the Fire Commissioner.

(5) Council authorizes the Fire Chief to exercise all the powers of the Fire Commissioner under section 25 of the Fire Services Act and for the purposes to which that section applies.

8. Appointment and Accountability of Officers and Members

(1) All Members of the Fire Rescue Department shall be appointed by the Fire Chief.

(2) Officers shall be appointed by the Fire Chief, as vacancies occur, or as needs dictate, from firefighters meeting the qualifying standards.

Page 7 of 25


(3) Officers are accountable to the Fire Chief and/or the Deputy Fire Chief for the actions and affairs of the members under their command.

(4) Members are accountable to the Fire Chief and/or his designate for their actions and affairs within the station.

(5) All Officers are responsible for ensuring that Members adhere to any and all applicable Town of Qualicum Beach and Fire Rescue Department Operational guidelines, policies, code of conduct, procedures, rules and regulations.

9. Rank Structure & Remuneration of Fire Rescue Department

(1) The rank and structure of the Fire Rescue Department, in descending order shall be as follows:

- Fire Chief Deputy Chief

- Assistant Fire Chief Captains and Lieutenants

- Firefighters

(2) Remuneration of the Fire Chief shali be determined by Council;

(3) Remuneration of the Deputy Fire Chief shall be determined by the Municipality;

(4) Remuneration of all other Officers and Members shall be on a paid on call basis and paid out to the Officers and Members during the first week of December of that year. Practice pay will be issued to the Officers and Members on a quarterly basis;

(5) Council shall determine the rate of pa) for all paid on call members of the department from time to time.

10. Jurisdiction of Fire Rescue Department

The limits of the jurisdiction of the Fire Chief and the Members of the Fire Rescue Department will extend to the designated fire protection boundaries of the Town of Qualicum Beach, and neither the Fire Chief, or Members shall supply fire-fighting services or respond to an incident nor shall any part of the fire Apparatus or Equipment be used outside the fire protection or Rescue boundaries of the Town of Qualicum Beach without the consent of the Chief Administrative Officer (CAO) or express authority of a written Mutual Aid or Automatic Aid Agreement between the Town of Qualicum Beach Fire Department and neighbouring Fire Rescue Services.

Page 8 of 25


PART 2- FIRE INCIDENT RESPONSES AND OPERATIONS

11. Control, Direction and Management

(1) The Fire Chief, Deputy Fire Chief or Officers In Command at an Incident, shall have control, direction and management of all Fire Rescue Department Apparatus, Equipment, and Members assigned to an Incident and, where an Officer In Command is in charge, he shall continue to act in that capacity until relieved by a more senior Officer.

(2) Apparatus and personnel requested by neighbouring departments under Mutual Aid or Automatic Aid Agreements shall be under the direction of the Officer in Command of the department receiving the apparatus and personnel.

12. Authorization to Enter Property

(1) The Fire Chief, Deputy Fire Chief and Duty Officers are authorized to enter onto property and inspect Premises, with our without Apparatus and Equipment, for conditions that may cause a fire, increase the danger of a fire, or increase the danger to persons or property from a fire.

(2) The Fire Chief and Duty Officers are authorized to enter onto property and into Buildings or Structures to inspect and determine whether all regulations, prohibitions and requirements are being met in relation to any matter contained in this Bylaw, the Fire Services Act and its regulations, and the Fire Code.

(3) The Fire Chief, Duty Officers and Members are authorized to enter onto property and into Buildings or Structures, including those adjacent to an incident, with or without Apparatus and Equipment, to take measures to prevent and suppress fires, or deal with another form of incident.

13. Regulations at Incident

Fire Hose

(1) No person shall drive over or be within nine (9) metres of a Fire Rescue Department hose that is in use or filled with water, without the permission of the Officer In Command at an Incident.

Assistance in the Fighting of Fires

(2) The Officer In Command is authorized to require a person to assist in the fighting of any fire or in the preserving of any property threatened by fire, or to assist in the salvaging and safeguarding of property threatened by fire.


Evacuation of Buildings and Hazard Areas

(3) The Fire Chief is authorized to order the evacuation of any Building or area where there is an emergency arising from a fire hazard, natural disaster, risk of explosion or a panic. In such a case, no person, other than the Fire Chief, the Officer In Command, a Member of the Fire Rescue Department, or other person authorized by the Fire Chief or Officer In Command, shall remain in or shall enter those Buildings or areas.

Demolition of Adjacent Buildings or Structures

(4) The Fire Chief or Officer In Command at any Incident is authorized to prevent and suppress a fire by causing to be pulled down or demolished a Building or Structure when he considers it necessary to prevent or suppress any fire.

Securing Vacant Buildings and Structures Where Fire Has Occurred

(5) If requested by an Officer, a property owner or occupier shall secure a Premises that has been damaged by fire, in a manner approved by the Officer, which will include, but not be limited to, one or more of the following:

(a) Boarding up the Building or Structure; (b) Fencing; or (c) Supplying twenty-four (24) hour security services by a licensed security

company.

(6) If the property owner or occupier cannot be located or fails to undertake the securing of any Premises damaged by fire, the Town of Qualicum Beach will carry out the work of securing the Premises and the cost will be billed to the property owner and, if unpaid by December 31st in the year that the property owner or occupier failed to take the required action, will be added to and form part of, the property taxes in relation to the Premises.

Commandeering of Privately-Owned Equipment

(7) The Fire Chief or Officer In Command at any Incident is hereby empowered to commandeer privately-owned equipment, which he or she considers necessary to deal with such incident.

Compliance with Direction

(8) No person shall fail to comply with a direction of the Officer In Command, or any Member of the Fire Rescue Department made in accordance with this Bylaw, at an incident.

(9) No person shall interfere with or impede the use of Equipment by the Fire Chief or a member at an incident.


PART 3- FIRE PREVENTION

14. Prevention of Fire Hazards

Fire Hazards

(1) No person, being an owner or occupier of any Premises shall: (a) Maintain the Premises in such a state of disrepair that a fire starting in

them might spread rapidly to endanger life or other property; (b) Use or occupy the Premises in such a manner that fire would endanger

life or property or increase the danger of fire; (c) Keep combustibles or explosive material on the Premises, except as

permitted by this Bylaw or other enactment, or allow other flammable conditions to exist in the Premises so as to endanger life or property;

(d) Allow a fire hazard to exist on Premises.

Remediation of Fire Hazards

(2) Where an Officer determines that one or more conditions as indicated in Section 13(1)(a), (b), (c) or (d) exists, the Officer may issue to an owner or occupier of a Premises a Fire Rescue Department Order in the form attached as Schedule "C", which forms part of this Bylaw, requiring the owner or occupier of the Premises to do one or more of the following: (i) Repair the Building or. Structure on the Premises; (ii) Remove or destroy the Building or Structure on the Premises; (iii) Alter the use or Occupancy of the PreMises; (iv) Remove combustible or explosive material from the Premises or remedy a

flammable condition at the Premises; and (v) Remove or take any precautions required against the fire hazard present at

the Premises.

(3) An Officer may specify a date by which the owner or occupier of the Premises must comply with the Fire Rescue Department Order.

(4) Should the owner or occupier of the Premises, having received a Fire Rescue Department order in accordance with section 14(2), of this bylaw, fail to comply with the terms of the Order, the Town may carry out the work associated with the terms of the Order and the costs of doing so will be billed to the owner or occupier of the Premises, and if unpaid by December 31st in the year in which the owner or occupier failed to take the required action under the Order, will be added to and form part of the property taxes on the property owner's Premises.

(5) If a Fire Rescue Department Order is issued under section 14(2), the owner or occupier of a Premises may appeal to the Fire Chief in writing within seven (7) days after receipt of the Order and the Fire Chief will promptly investigate the appeal and, in writing, either affirm, modify or revoke the Fire Rescue Department Order issued under section 14(2) of this bylaw.


Securing of Vacant Buildings, Structures and Properties Where Fire Hazard

(6) If directed by the Fire Chief or Officer, a property owner shall secure a vacant Building, Structure or property which contains a fire hazard or has been used or occupied so as to create a fire hazard, in a manner approved by the Fire Chief or Officer, which shall include, but not be limited to, one or more of the following:

(i) Boarding up the Building or Structure; (ii) Fencing; or (iii) Supplying twenty-four (24) hour security services by a licensed security

company.

(7) Should the property owner fail to undertake the securing of any Building, Structure or property as required in accordance with section 14(4) of this bylaw, the Town will carry out the work and the cost of doing so will be billed to the property owner and, if unpaid by December 31st in the year in which the property owner failed to take the required action, will be added to and form part of the property taxes on the property owner's property.

PART 4 - INSPECTIONS UNDER FIRE SERVICES ACT

15. Frequency of Inspections Delegated

(1) The authority and duty of the Council under the Fire Services Act to establish, revise and implement a regular system of inspections of hotels, public Buildings, churches, theatres, halls or other Buildings used as a place of public resort in the Town is delegated to the Fire Chief and for this purpose, the Fire Chief is delegated the authority to establish a system of regular inspections, which will provide different frequencies of inspection, depending on a Buildings' British Columbia Building Code Buildings classification, its use, age and fire risk assessment.

(2) The Fire Chief must report to Council, as and when requested by Council, on the inspection system created and implemented under section 14(1) of this Bylaw.

PART 5- FIRE AND LIFE SAFETY EQUIPMENT AND STANDARDS

16. Fire Drills

(1) The owner or occupier of a hotel, hospital, community care facility or other Building with sleeping accommodation and used for the care of persons, must adopt, and have employees in the Building practise a fire drill system in accordance with the BC Fire Code.

(2) The owner or occupier of a school, child care facility, children's home or other institution for children's education or care, shall adopt, and have all persons in these premises, practise, a fire drill system in accordance with the BC Fire Code.

17. Fire Safety Plans

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Page 12 of 25


(1) The owner or occupier of a Building or Structure that has a Fire Alarm System shall submit, in a form acceptable to the Fire Chief, a Fire Safety Plan.

(2) The owner or occupier of a Building or Structure, who has submitted a Fire Safety Plan to the Fire Chief, shall each year, before the expiry of one (1) year from the last approval of the Fire Safety Plan, revise it and resubmit it to the Fire Chief if any changes are necessary as a consequence of changes to the Building, utilities or Fire and Life Safety Equipment.

(3) The owner or occupier of a Building or Structure, who has submitted a Fire Safety Plan to the Fire Chief, must post a notice visible to all occupants of the Building or Structure of the location where a copy of the current Fire Safety Plan may be reviewed by the occupants.

18. Pre-Incident Plan

(1) An owner of a Building without a Fire Alarm System, other than a Single Dwelling Unit, duplex or triplex, shall submit annually, in a form acceptable to the Fire Chief, a current Pre-Incident Plan.

(2) The owner of a Building or Structure, who has submitted a Pre-Incident Plan to the Fire Chief, shall each year, before the expiry of one (1) year from the last approval of this Pre-incident Plan, revise it and resubmit it to the Fire Chief if any changes are necessary as a consequence of changes to the Building, utilities or Fire and Life Safety Equipment:

19. Smoke and Fire Alarms and Sprinklers

(1) Where required by the BC Building Code, an owner or occupier of a Building shall install, or cause to be installed, Sprinkler Systems, Fire Alarms and Smoke Alarms in accordance with the current Building Code Standards.

20. Containers for Collection of Combustible Refuse

(1) All containers used for the collection of Combustible Refuse in quantities exceeding five cubic feet shall be constructed of solid sheet non-combustible material.

(2) Each container referred to in section 20(1) of this bylaw shall have easy closing, tight fitting lids that must be operational at all times. Lids may be constructed of heavy plastic.

(3) Containers referred to in section 20(1) of this bylaw shall be located at least ten feet from any Building or fuel supply tank unless otherwise approved by the Fire Chief.

(4) Containers that are intended for temporary collection of combustible Construction Material are exempt from section 20(2) and 20(3) of this Bylaw.

Page 13 of 25


21. Storage of Flammable or Combustible Materials

(1) No person shall store clean-up rags or shop towels for products subject to spontaneous combustion except in non-combustible containers referred to in section 20(1) of this bylaw, with tight-fitting, self-closing metal lids.

(2) No person shall allow lids to remain open on any container referred to in section 20(1) of this bylaw that contains clean-up rags or shop towels that are subject to spontaneous combustion.

(3) An owner or occupier of a Premise shall store flammable or Combustible Liquids or products in accordance with this Bylaw and the Fire Code.

22. Fuel Tanks for Flammable or Combustible Liquids

(1) An owner or occupier of the Premises may not undertake installation, removal, repair or upgrade to an underground or above ground fuel oil tank of any size over 2500 litres (550 gal) or install, remove, replace or repair fuel distribution piping or dispensing equipment unless the owner or occupier of the Premises first obtains a permit from the Fire Rescue Department in the form attached to, and forming part of, this Bylaw as Schedule "F".

23. Exit and Fire Doors

(1) The owner or occupier of a hotel, public Building, church or Building to which the public is invited, shall ensure that the smoke and fire doors are kept closed when not in use for access, unless they are automatically controlled to close by a system approved by the Fire Chief.

(2) No person shall alter or install exit doors in a church, hotel, public Building or Building to which the public is invited unless they open freely outward and the alterations or installations are approved by the Fire Chief.

(3) No person shall install locking devices on any required exit doors in a hotel, public Building, church or Building to which the public is invited unless the locking devices are approved by the Fire Chief.

24. Exit and Access Requirements

(1) No person shall install a fire lane gate, without review and approval by the Fire Rescue Department, prior to installation.

(2) No owner or occupier of a Premise shall block any primary or secondary vehicular access with a gate, without review and approval by the Fire Rescue Department, prior to installation.

(3) No person shall park or leave unattended any vehicle on private or public property within a designated Fire Lane that limits or blocks access of Fire Department Apparatus or access to Fire Department connections. PA c

Page 14 of 25

Town of Qualicum Beach Fire Protection and Life Safety Regulation Bylaw No, 698, 2016

(4) The owner or occupier of a hotel or public Building shall install or cause to be installed in all main halls and the intersection of all cross halls of the hotel or public Building conspicuous signs indicating the means of exit where required by the B.C. Building Code and in accordance with the B.C. Building Code.

(5) The owner or occupier of a hotel or public Building shall post or cause to be posted in each room a conspicuous notice describing the means of exit, with instructions to be followed in the event of fire where required by the B.C. Building Code and in accordance with the B.C. Building Code.

(6) An owner or occupier of a hotel or public Building shall ensure that the means of exit are illuminated where required by the B.0 Building Code and in accordance with the B.C. Building Code.

(7) No person shall sit, stand, place or leave any article or thing or matter, in such a manner as to interfere with the means of ingress and egress inside or outside any Building.

25. Fire and Life Safety Equipment Orders

(1) If the owner or occupier of a hotel or public Building fails to provide, keep in good repair, alter or improve a means of exit, or fire and life safety equipment required by Part 5 of this Bylaw, an Officer may issue to the owner or occupier of the hotel or public Building a written Fire Rescue Department Order requiring that the owner or occupier of the hotel or public Building take action to meet the requirements of Part 5 of this Bylaw within a specified period of time.

26. Evacuation or No Occupancy Order

(1) The Fire Chief or Fire Prevention Officer may issue a Fire Rescue Department Evacuation Order in the form shown in schedule "D" attached to, and forming part of this Bylaw, to an owner or occupier of a Building, Structure or area to evacuate the Building, Structure or area immediately, if the Fire chief or Fire Prevention Officer believes there is an imminent and serious danger to life or property of the occupants or of a panic arising from a fire hazard or risk of explosion.

(2) The Fire Chief or Fire Prevention Officer may post a notice on any Building or Structure or area warning that Occupancy of the Building, Structure or area may be hazardous or that there is "no occupancy" of the Building, Structure or area due to a fire hazard, and the notice shall be in the form shown in Schedule "C" attached to, and forming part of, this Bylaw.

(3) No person shall remove, alter, or deface any notice posted pursuant to this Bylaw.

(4) No person shall remain in a Building or Structure that has been ordered evacuated or not to be occupied in accordance with an Order under sections 26(1) or 26(2) of this bylaw, by the Fire Rescue Department, without prior approval and perrnissi°PAG by the Fire Chief or Fire Prevention Officer.

Page 15 of 25


27. Fire Protection Technician's Obligations

(1) Fire Protection Technicians, when servicing Fire and Life Safety Equipment, will:

(a) Notify the Fire Rescue Department prior to any service, test, repair, maintenance, adjustment, alteration or installation of a sprinkler standpipe or Fire Alarm System, and prior to any sprinkler standpipe or Fire Alarm Systems or part of those systems being taken out of service; and,

(b) After any required servicing of Life and Fire Safety Equipment, attach to the Life and Safety Equipment a service tag approved by the Fire Chief.

28. Fire Alarm Systems

Contact Persons for Fire Alarm Systems

(1) An owner or occupier of a Building or Structure at which a Fire Alarm System is installed shall, on the same day on which the Fire Alarm System becomes operational, submit to the Fire Rescue Department a list of emergency Contact Persons in the form shown on Schedule "B", attached to, and forming part of this Bylaw.

(2) The owner or occupier of a Building or Structure at which a Fire Alarm System is installed shall, inform the Fire Rescue Department of any changes to the information about the Monitoring Service or Contact Persons by notice in writing immediately when changes to this information arise.

(3) The owner or occupier of a Building or Structure at which a Fire Alarm System has been installed shall ensure that the Contact Persons whose names are provided pursuant to section 28(2) are persons who are: (a) Available to receive telephone calls from the Fire Rescue Department or

Monitoring Services in the event that the alarm system at the owner's or occupier's Building or Structure is activated.

(b) Able to attend at the address of the owner's or occupier's property within thirty minutes of being requested to do so by the Fire Rescue Department or Monitoring Service.

(c) Capable of gaining access to the owner's or occupier's Building or Structure where the Fire Alarm System has been activated; and,

(d) Capable of operating the Fire Alarm System and able to secure the owner's or occupier's Building or Structure when the Fire Alarm System has been activated.

(4) An owner or occupier of any Building or Structure at which a Fire Alarm System has been installed shall notify the Fire Rescue Department immediately of any False Alarm Incident.

PAGE -20

Page 16 of 25


(5) When a Fire Alarm System has been activated and the owner or occupier of the Premises at which the Fire Alarm System has been activated or that person's Contact Person cannot be reached or is unable to attend the Premises, the Fire Rescue Department will forcibly enter the Building at which the Fire Alarm System is activated to suppress a fire, or determine the cause of the alarm. The Fire Rescue Department will secure the Building or provide 24-hour security until the Building can be secured. The owner or occupier will be charged the fee for the cost of security or securing the Premises, as prescribed in Schedule "A" attached to and forming part of, this Bylaw.

(6) No owner or occupier of a Building or Structure at which a Fire Alarm System has been installed shall service, test, repair, adjust, alter or install any parts or items to the Fire Alarm System that might activate a False Alarm without first notifying the Fire Rescue Department.

(7) No owner or occupier of a Building or Structure where a False Alarm has been activated, or that person's Contact Person, shall leave the Premises unless the problem that gave rise to the False Alarm is identified and corrected, or security by a security company is posted until such time as the problem giving rise to the False Alarm is identified and corrected.

PART 6- BURNING PERMITS

29. Open Burning

(1) The Outdoor Burning Bylaw No. 601.03, as adoptecl by Council, shall regulate all outdoor burning for the Town of Qualicum Beach, with the exception of fires and open burning set for the purpose of training Members and all fires located at the Qualicum Beach Fire Training Centre.

(2) No personshall ignite any Garden Refuse or Agricultural fire or cause or permit, any Garden RefuSe or Agricultural fire to be ignited at any time unless the person first obtains a permit as per the Town of Qualicum Beach Outdoor Burning Bylaw No. 601, 2007, Amendment (Fire Size and Permits) Bylaw No. 601.03, 2010"

PART 7- FIRE HYDRANTS AND FIRE CONNECTIONS

30. Maintenance & Inspection

(1) The owner of a Private Hydrant must request a Town of Qualicum Beach Hydrant Identification Number from the municipality and must clearly label the Private Hydrant with the Identification Number.

(2) All service work will be identified by the use of the hydrant identification number.

(3) During Construction, servicing or repairs, the owner of a Private Hydrant and contractors for such owners shall ensure that all fire hydrant conditions affecting fire safety, such as fire hydrants temporarily out of service, low water volumes or pressures, are made known to the Fire Rescue Department immediately. PAGE


(4) All Private Hydrants, which are out of service for repair, or not yet in service, must be wrapped with burlap or black polyethylene plastic sheeting.

(5) The owner or contractor for the owner of a Private Hydrant must notify the Fire Rescue Department immediately when a Private Hydrant has either been taken out of operation or put back into operation.

(6) No person shall place, leave or allow any vehicle, article, thing or other matter to interfere with access to or to be located within one (1) metre of a fire hydrant or fire connection.

(7) Should any matter or thing be located within one (1) metre of a fire hydrant or fire connection and casuses, or could cause, interference with access to the fire hydrant or connection, the Fire Rescue Department may cause the matter or thing to be removed by any Member or Peace Officer or any contractor immediately during an incident, or if not during an incident, within a time specified in an Order in the form attached as Schedule "C" to this Bylaw and served on the owner or occupier of the property where the matter or thing is located.

31. Maintenance and Inspections Refer to Town of Qualicum Beach Policy No. 3012-12 Hydrant Maintenance.

32. Service After Each Use Refer to Town of Qualicum Beach Policy No. 3012-12 Hydrant Maintenance.

33. Semi-Annual Inspection Refer to Town of Qualicum Beach Policy No. 3012-12 Hydrant Maintenance.

34. Annual Servicing Refer to Town of Qualicum Beach Policy No. 3012-12 Hydrant Maintenance.

35. Three-Year Servicing Refer to Town of Qualicum Beach Policy No. 3012-12 Hydrant Maintenance.

PART 8- STREET ADDRESSES

36. Civic Street Numbers (1) An individual street address number must be placed on the front of every new or

existing Building or structure in such a position as to be plainly visible and legible, day or night, from the street, road, fire lane, emergency access route or other right of way or easement, and the street address number must meet the following minimum criteria: (a) Be legible from a distance of fifteen (15) metres; (b) the letters or numbers must be a minimum of four (4) inches in height and no

less than one half (0.5) inch in width; and (c) the letters or numbers shall be a contrasting colour to the background colour(s)

of the Building structure. PA


(2) The owner or occupier of a commercial or multi-residential use property shall ensure that the unit number for each individual unit within a commercial or multi-residential use property are posted in a visible location at the entry to each unit, is a minimum of 7.63 millimetres (3 inches) in height, and of a colour that contrasts with the surface on which they are mounted.

(3) The owner or occupier of a multi residential complex shall post a site plan at the main driveway entry to the complex, which shall be clearly visible upon entry to the complex and indicate the number of each unit and the location of access to each unit within the complex.

READ A FIRST TIME this day of , 2015.

READ A SECOND TIME this day of , 2015.

READ A THIRD TIME this day of , 2015.

ADOPTED this day of , 2015.

Teunis Westbroek, Mayor Heather Svensen, Corporate Administrator

Page 19 of 25

Town of Qualicum Beach Fire Protection and Life Safety Regulation Bylaw No, 698, 2016

SCHEDULE "A" FINES AND FEES

***(should be moved to the Miscellaneous Rates bylaw)

Section Description Amount in Dollars ($) 13(1) Drive over fire hose 200.00 13(2) Failure to assist 250.00 13(3) Failure to obey evacuation order 250.00 13(5) Failure to secure a premises after fire 200.00 13(8) Failure to comply with direction 250.00 13(9) Interfere with fire equipment 250.00 14(1)(a) Building in state of disrepair 200.00 14(1)(b) Endanger life or property 200.00 14(1)(c) Allow flammable conditions 200.00 14(1)(d) Allow a fire hazard to exist •200.00 14(2)(e) Failure to repair 200.00 14(2)(f) Failure to remove or destroy 200.00 14(2)(g) Failure to alter use of occupancy 200.00 14(2)(h) Failure to remove materials 200.00 14(2)(i) Failure to remove or take precautions 200.00 14(6) Failure to Secure Premises where Fire Hazard exist 250.00 16(1)&(2) Failure to practice fire drill 200.00 17(1) Failure to submit Fire Safety Plan 200.00 17(2) Failure to resubmit Fire Safety Plan 200.00 17(3) Failure to notify Fire Safety Plan location 200.00 18(1) Failure to submit Pre-Incident Plan 200.00 18(2) Failure to resubmit Pre-Incident Plan 200.00 19(i) Failure to install Smoke alarm/s 200.00 20(i) Failure to install Sprinkler 200.00 19(i) Failure to install Fire Alarm 200.00 20(1) Failure to store combustible material in proper Container 200.00 20(2) Container without lid 200.00 20(3) Store container within 10 feet of Building or fuel tank 200.00 21(1) Failure to supply proper container 200.00 21(2) Failure to close lids on container 200.00 21(3) Improper storage contrary to Fire Code 200.00 22(1) Failure to obtain permit 200.00 23(1) Failure to keep doors closed 200.00 23(2) Alter exit door(s) without approval 200.00 23(3) Install locking device 200.00 24(1) Install access gate without approval 200.00 24(2) Secure without approval 200.00 24(3) Blocking a Fire Lane or Fire Department Connection 200.00 24(4) Failure to post exit signs 200.00 24(5) Failure to post exit plan 200.00

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Page 20 of 25

Town of Clualicum Beach Fire Protection and Life Safety Regulation Bylaw No. 698, 2016

Section Description Amount in Dollars ($) 24(6) Failure to illuminate exit sign 200.00 24(7) Interfere with egress or access 200.00 26(1) Failure to obey an order 300.00 26(3) Alter or deface notice posted 200.00 26(4) Failure to Evacuate 250.00 27(1)(a) Failure to notify before servicing 200.00 27(1)(b) Failure to tag Life and Fire Safety Equipment 200.00 28(1) Failure to supply contact person information 200.00 28(2) Failure to notify of changes to information 200.00 28(3) Failure to ensure Contact Person is able 200.00 28(4) Failure to notify of false alarm 200.00 28(6) Failure to notify prior to servicing 200.00 28(7) Failure to remedy False alarms 250.00 30(1) Failure to mark ID on Fire Hydrant 200.00 30(3) Failure to notify before servicing or repairing hydrant 200.00 30(4) Failure to cover hydrants 200.00 30(5) Failure to notify when Hydrant is non-operational 200.00 30(6) Interfere with access to hydrant 200.00 31(1) Failure to submit report 200.00 31(2) Failure to keep records 200.00 31(3) Hydrant not correct colours 200.00 31(4) Failure to keep hydrant unobstructed 200.00 32(1) Failure to follow service requirements 250.00 33(1) Failure to conduct semi-annual inspection 250.00 34(1) Failure to 'cqnduct annual inspection 250.00 35(1) Failure to conduct three-year service 250.00 36(1) Failure to post civic address 200.00 36(2) Failure to post unit number 200.00 36(3) Failure to post site plan 200.00

PAGE

Page 21 of 25


SCHEDULE "B" EMERGENCY CONTACT PERSON FORM

Please print clearly

Owner Name:

Occupier Name (if any):

Address of Premises with Fire Alarm System:

Owner Telephone Number:

Occupier Telephone Number (if any):

First Emergency Contact Person Name:

Relationship to Owner or Occupier:

Emergency Telephone Number:

Second Emergency Contact Person Name:

Relationship to Owner or Occupier:


Third Emergency Contact Person Name:

Relationship to Owner Occupier:


Page 22 of 25


SCHEDULE "C" ORDER FORM

QUALICUM BEACH FIRE RESCUE DEPARTMENT ORDER

TO

Having inspected the Premises by you to (Owned or Occupied)

Wit. located at , British Columbia (type of Occupancy) (civic a ddress)

And legally described as (the "Premises"), (legal description)

On the day of (Day)

(Month) (Year)

, being the Fire Chief or a Fire Prevention Officer with the (Name of Officer)

Town of Qualicum Beach Fire Rescue Department FIND THAT:

THEREFORE, pursuant to the authority vested M the and under the "Town of Qualicum Beach Fire Protection and Life Safety Regulation Bylaw No. 698, 2015" you are HEREBY ORDERED TO:

The action or work specified in this Order must be completed within days after receipt of this Order. Should any requirement of this Order not be carried out or completed within the time prescribed, a $100.00 fee shall be billed to the Owner or Occupier for any subsequent inspection required.

Owner or Occupier Name:

Fire Chief or Fire Prevention Officer:

served a copy of this Order on at (Owner or Occupier) (Location)

BRITISH COLUMBIA on (Date)

Signed: Signed: Fire Prevention Officer Owner or Occupier acknowledging

Receipt of Order

Page 23 of 25


SCHEDULE "D" EVACUATION ORDER

By Order of the Qualicum Beach Fire Rescue Department

The Building located at , Qualicum Beach British Columbia (Civic Address)

and legally described as (the "Premises") is ordered to be evacuated under the "Town of Qualicum Beach Fire Protection and Life Safety Regulation Bylaw No. 698, 2015", Section 26.1 for:

(Reason for Evacuation)

NO PERSON shall enter this Building without the authorization of the Fire Chief

Date of Posting

No person shall remove, alter or deface or cause to be removed, altered or defaced, this notice as per Section 26.3 of the Town of Qualicum Beach Fire Protection and Life Safety Regulation Bylaw No. 698, 2015".

Order posted at the Premises on:

Fire Chief or Prevention Officer (Date)

PAQ

Page 24 of 25


SCHEDULE "E" PRIVATE FIRE HYDRANT SERVICING REPORT

Fire Protection Technician:

Owner:

Hydrant No,: Test Date:

Location:

Main Size: Flow Rate: Ports:

Out of Service: Yes No

Comments:

Pressure: Make: Distance to isolation valve:

Branch valve operated: Yes No

Service top end: Yes No

Service bottom end: Yes No Service threads: Yes No

Flushed out: Yes No Pressure tested: Yes No

Greased: Yes No Drains properly: Yes No

Painted: Yes No Weed eaten: Yes No

Comments:

Further work recommendation:


SCHEDULE "F" APPLICATION TO REMOVE OR INSTALL FUEL TANKS

Application to Remove and/ or Install Fuel Storage Tank and Piping COMMERCIAL PROPERTY

The applicant hereby applies for permission to (check all that apply):

Remove: Number of Tanks to be removed

111 Above Ground Underground Piping Only Tank Only

Tank and Piping

LI Install Size of Tank(s) to be Installed (in Litres): Tank and Piping

LI 17 P 111 Above Ground Underground Piping Only Tank Only

In accordance with the particulars and plans submitted herewith, it is understood that . completion of this form constitutes an application only and that the work applied for will not be

commenced until a permit to install and/or remove has been issued

Civic Address:

Full Name of Registered Owner:

Mailing Address of Registered Owner:

Name of Contractor/Installer:

Address of Contractor:

Contractor Phone #:

Name of Applicant (if different):

Town of Qualicum Beach - Planning Department

Date Application Received:

Approved: 111 Yes LI No

Comments:

Signature:

Town of Qualicum Beach MEMORANDUM

TO: Luke Sales, Director of Planning FOR: January 27, 2016 Committee of the Whole Meeting

FROM: Don Marshall, Bylaw Compliance Officer

SUBJECT: Noise and Nuisance Complaints

RECOMMENDATION: THAT the Committee of the Whole recommends that Council direct staff to prepare a new noise control bylaw that includes:

• Clear definitions and regulations for construction work • Clear definitions and permitted use of power equipment for home use • Time periods when the playing of radios and stereophonic equipment or any apparatus

used for the amplification of sound is prohibited • A permit system to accommodate exceptions to the established regulation.

PURPOSE

To provide information and a recommendation regarding "Town of Qualicum Beach Noise Control Bylaw No. 552, 1994", "Town of Qualicum Beach Public Nuisance and Disturbances on a Highway or a Public Place Bylaw No 624", and "Town of Qualicum Beach Nuisance Abatement and Cost Recovery Bylaw No 593". Each Bylaw will be addressed individually.

BACKGROUND Town of Qualicum Beach Noise Control Bylaw No. 552, 1994

This Bylaw is utilized to address concerns related to several different types of noise complaints including, but not limited to, noisy parties, barking dogs, loud music, vehicle noise, construction noise, etc.

The Town's position when addressing these complaints has always been to seek compliance through education. It is estimated that this approach is successful in approximately 90-95% of all complaints received. However, there are a few incidents when this approach is not successful initially and the complaints become more difficult to resolve. In some situations, enforcement through ticketing is challenging due to the wording of the Bylaw, which is highly subjective and difficult to prove.

In a majority of the situations where the Town receives ongoing complaints of a specific nature, it is usually because there is only one complainant in the matter and the alleged violations are disputed by the other party. These complaints require continuous attempts by staff to gain compliance, understanding, compromises or remedies that can hopefully satisfy all parties. Although some complainants would like enforcement actions to be taken, it is always explained to the complainant that enforcement action is difficult due to a lack of supporting evidence. It is explained that the defendant has the right to dispute the allegations and because the Town's burden of proof is considerable, the Town cannot afford to lose credibility in the courts by proceeding in matters where

PAGE

Town of Qualicum Beach January 27, 2016 Committee of Whole Meeting Page 2 of 5

a substantial likelihood of conviction does not exist. Again, a vast majority of complainants understand the difficulties in these types of situations and are content with the Towns continued attempts to try and resolve the issues through communication. This is successful in most cases, but it does take considerable time and effort to resolve these types of issues.

In a very small percentage of incidents where the complaints are not resolved and the Town receives ongoing complaints, it is usually due to the fact that the noise bylaw permits the activity causing the noise disturbance. It should be noted that the Town currently only has two locations where these types of situations persist.

In both of these locations, the majority of the complaints have centred on noise created by the use of power tools such as air compressors, grinders, etc. In both situations, the complaints are more prevalent in the summer months when the power tools are being used outdoors, or in shops with the doors open. As stated, enforcement options for the noise complaints in these matters cannot be dealt with as the Bylaw permits the activity.

In both of these locations, Town staff has spent considerable time and effort in trying to resolve these ongoing disputes. The Town has received legal advice with regards to the noise generated to determine if in fact we were correct in how we were dealing with the complaints. Legal advice received by the Town confirmed that the noise was exempt from the Bylaw. This legal advice stated in part that a court would likely find that the "grinding and welding" noise from the property during daytime hours are exempt under section 3.1.5 of the Noise Control Bylaw No. 552, 1994 (the Bylaw). Even if the Bylaw were amended to modify the exception or delete it, prosecution under amended Bylaw would not guarantee a conviction. The Bylaw may still provide an exemption to the Property owner under common-occurring residential noise such as lawn mowing and maintenance.

It should be noted that in both of these situations, the underlying issues appear to be more of personal animosity and ongoing disputes between the neighbours as both situations have resulted in complaints being lodged by and against each other for a variety of different issues, not just noise violations. Complaints have included noise violations for the use of power tools, barking dogs, zoning violations, business license, and traffic / parking complaints. It must be noted that in both locations, there has been enforcement actions taken against some individuals involved for violating other Bylaws such as parking and zoning infractions.

Some of the complainants in these locations have also involved the RCMP, Fire, SPCA, and Electrical Inspectors to deal with their concerns, but the Town does not have record of violations noted by any other agency.

Because of the ongoing animosity between neighbours, and in an effort to resolve the mutual animosity towards each other, staff have suggested to all parties involved that they could benefit from the services offered by the Community Dispute Resolution Program. The Town's legal counsel recommended that the concerned neighbours resolve the dispute as a civil matter, possibly using a mediation service to discuss their issues and form an agreement with each other.


A separate issue that arises on rare occasions with regards to the Noise Bylaw is the misconception that noise is permitted until a specific time. Again, these types of complaints are rare and the majority are resolved immediately. There are however, a few locations in Town that host events such as wedding receptions that have resulted in noise complaints being lodged. As there are only a few of these locations in Town that are capable of hosting these types of events, staff have conveyed information to these property owners in an attempt to minimize any future complaints. Staff informed all individuals hosting these events to notify all neighbouring property owners of the event prior to the date when it is taking place, including a contact name and number for the neighbours to call if the noise continues to disturb after an acceptable time. This has been successful in a majority of the situations as the neighbours have prior knowledge of the event and have some idea as to when they can expect the noise to quiet down. There is however, one location in Town where the complainant has concerns with this type of event and the commercial property owner who hosted a few of these receptions throughout this past summer, has indicated that they will continue to do so in the future. The single complainant in this matter does not think that this type of activity should be permitted as this property is located directly adjacent to his residential property.

Development of a new noise bylaw would address limitations in the current bylaw. As an example, Part 3 of the Bylaw identifies exceptions where the bylaw does not apply, some of which make the bylaw ineffective. Section 3.1.5 permits any repairs or maintenance to property within certain hours. Without a definition of what constitutes maintenance, or a clear definition of the types of property to which this exception applies, this clause allows a very wide range of activities that would not otherwise be permitted.

Rather than amending the bylaw sections individually, staff propose that a new bylaw be developed based on best practices from other municipalities.

Recommendations for a new Noise Control Bylaw: A new noise bylaw could include: • Clear definitions and regulations for construction work • Clear definitions and permitted use of power equipment for home use • Time periods when the playing of radios and stereophonic equipment or any apparatus

used for the amplification of sound is prohibited • A permit system to accommodate exceptions to the established regulation.

For construction projects that may need some work to be done during prohibited hours, or any locations where special events such as wedding receptions are popular, exemptions could be granted with the issuance of a permit. This permit could include specific dates and times when noise would be permitted during the prohibited time periods. There could also be a limit placed on the number of permits granted during a calendar year if so desired.

Some municipalities have noise control bylaws that prohibit noise based on a maximum decibel rating. The challenge of this type of system is that a Bylaw Enforcement Officer must attend at the time the noise is being generated with specific, approved equipment, to measure the level of noise at the point of reception. If the Bylaw Officer is unable to attend immediately, or if the noise ceases prior to arrival, this type of bylaw is difficult to enforce.


Town of Qua licum Beach Public Nuisance and Disturbances on a Highway or a Public Place Bylaw No 624 and

This Bylaw was adopted in 2008 when the Town's Bylaw Officers were trying to curb ongoing issues of persons drinking and partying around the Town Hall, Community Park, and the main Public Beach. This Bylaw proved to be a successful resource during that time period and the ongoing education process appears to have worked as it has been seldom used in the past several years. There have been no issues or concerns regarding this Bylaw for the past six years or more.

Recommended Changes to the Public Nuisance Bylaw: None

Town of Qualicum Beach Nuisance Abatement and Cost Recovery Bylaw No 593

This Bylaw has been a valuable resource tool in helping to gain compliance from Landlords and Landowners to cease nuisance activity on their property. It has been utilized on a few occasions when the RCMP to deal with ongoing complaints at the same property. This Bylaw is intended to be used as a resource for problem properties where agencies such as Police, Fire or Bylaw are called out for more than one nuisance service call within a twenty-four (24) hour period; or more than four nuisance service calls within a twelve (12) month period.

Under this Bylaw, a "nuisance" is defined as; "an activity which substantially and unreasonably interferes with a person's use and enjoyment of a public area or of land he or she occupies or which causes injury to the health, comfort or convenience of an occupier of land and, if it does so, without limiting the generality of the foregoing, may include, an activity such as a noisy parhy, a group of people making noise, loud music, car racing, revving engines, yelling, shouting, screaming, fighting, littering and trespassing,"

There have been no issues or concerns regarding this Bylaw other than inquiries to determine if this Bylaw could be used to deal with the noise complaints that have been received by the Town in the two locations mentioned above. For obvious reasons, this Bylaw cannot be used to deal with noise complaints where the disturbance being generated is permitted under the Noise Bylaw.

Recommended Changes to Nuisance Abatement & Cost recovery Bylaw: None


SUMMARY This memo provides an overview of the following three bylaws: "Town of Qualicum Beach Noise Control Bylaw No. 552, 1994", "Town of Qualicum Beach Public Nuisance and Disturbances on a Highway or a Public Place Bylaw No 624", and "Town of Qualicum Beach Nuisance Abatement and Cost Recovery Bylaw No 593". The "Town of Qualicum Beach Noise Control Bylaw No. 552, 1994" has been challenging to enforce and staff recommend that a new bylaw be developed to address the shortcomings of this bylaw. Staff do not recommend changes to the other two bylaws at this time.

It should be noted that it is extremely challenging to enact a bylaw enforcement system that can address 100% of the complaints on any particular topic. The current noise and nuisance bylaws are effective in addressing 95% of concerns that the Town receives. Exhaustively addressing the remaining noise concerns would significantly increase the demand placed on bylaw enforcement resources. In cases where the underlying issue is a conflict between neighbours, improvements to the bylaw may not resolve the situation.

ALTERNATIVES 1. Make no changes to the current noise bylaw and continue to respond on a complaint basis; 2. Amend_ the Noise Bylaw by deleting section 3.1.5 of the Bylaw that permits "Any maintenance or

repairs or construction or industrial work, to property by the owner, occupier or their agent between the hours of 7:00 a.m. and 8:00 p.m. of the same day". This would address some, but not all of the ongoing concerns related to the noise bylaw.

3. Provide alternative direction to staff.

Don Marshall Luke Sales, MCIP, RPP Daniel Sail nd Bylaw Enforcement Officer Director of Planning CAO Report Writer Concurrence Concurrence

Attachments:

Town of Qualicum Beach Noise Control Bylaw No. 552 1994

Town of Qualicum Beach Public Nuisance and Disturbances on a Highway or a Public Place Bylaw No 624 Town of Qualicum Beach Nuisance Abatement and Cost Recovery Bylaw No 593

n: \ 0100-0699 administration\ 0360 committees and commissions \ committee of the whole \ 2016 \januaiy 27 cow agenda\ memo_noise nuisance jan27 2016.docx

TIE

TOWN OF _QUALICUM BEACH

BYLAW NO. 552

A Bylaw to regulate noise, nuisance and disturbances within the Town of Qualicum Beach.

WHEREAS, under the provisions of Section 932 of the Municipal Act, Chapter 290 of the Revised Statutes of British Columbia 1979, the Council of the Town of Qualicum Beach is empowered to enact a bylaw to:

1. Prevent, abate and prohibit nuisances and provide for the recovery of the cost of abatement of nuisances from the persons causing the nuisance or other persons described in the bylaw;

2. Regulate or prohibit the making or causing of noises or sounds in or on a highway or elsewhere in the Town which disturb, or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity or which Council believes are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public and may make different regulations or prohibitions for different areas of the Town.

3. Prevent or prohibit persons from shouting, using megaphones and making other noise in or at or on streets, wharfs, docks, piers, railway stations or other public places.

4. Prevent vice, drunkenness, profane swearing or indecent, obscene, blasphemous or grossly insulting language or other immorality and indecency.

NOW, THEREFORE, the Council of the Town of Qualicum Beach, in open meeting assembled, Enacts as follows:

PART 1. - DEFINITIONS

1.1 "Authorized Person" shall include the following: a) a member of the R.C.M.Police b) a Bylaw Enforcement Officer c) a Special Constable d) an Auxiliary Constable e) an Animal Control Officer

1.2 "Council" shall mean the Municipal Council of the Town of Qualicum Beach.

1.3 "Town" shall mean the Town of Qualicum Beach.

1.4 "Utility" shall include a company which provides water, sewer, electrical, gas, telephone, cable service or other utility services.

PART 2 - GENERAL REGULATIONS

2.1 No person shall make or cause, or allow or permit to be made or caused in or on any property, any noise which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any person or persons in the neighbourhood or vicinity.

2.2 No person shall keep or harbour, within the municipal boundaries of the Town, any animal which, by it's calls, cries or any other vocal noise, disturbs the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity.

2.3 No person shall use or operate any automobile, motorcycle, bus or other vehicle:

a) so as to cause the tires to squeal or otherwise make an offensive noise;

b) so as to cause engine retarding devices, which creates a noise which Council believes to be objectionable, to be used within the Municipal boundaries of the Town.

2.4, No owner, occupier or tenant of property shall allow or permit or be a party to vice, drunkenness, profane swearing or indecent, obscene, blasphemous or grossly insulting language or other immorality or indecency.

PART 3 - EXCEPTIONS

3.1 Nothing in this bylaw shall preclude:

3.1.1 The operation of emergency equipment or any emergency vehicle by an authorized person.

3.1.2 Any act of maintenance or repair being carried out by employees or contractors of the Town, the Ministry of Transportation and Highways, or any Public or Private Utility.

3.1.3 Snow removal or dust clearing operations, provided that in the case of private parking lots such actions are commenced within thirty (30) minutes after the close of business for the day.

3.1.4 Golf course mowing, between sunrise and sunset, in periods governed by Daylight Saving Time.

3.1.5 Any maintenance or repairs or construction or industrial work, to property by the owner, occupier or their agent between the hours of 7:00 a.m. and 8:00 p.m. of the same day.

3.1.6 The operation of a public transportation system.

3.1.7 The operation of a public address system required under a Building, Fire Code or any bylaw of the Town

3.1.8 Any person from functioning within the limits of a permit issued under the Fire or Traffic bylaws of the Town.

PART 4 - RIGHT OF ENTRY

4.1 Every authorized person may enter at all reasonable times on any property that is subject to this bylaw, to ascertain whether the regulations of this bylaw are being observed.

PART 5 - PENALTY SECTION

5.1 Every person who violates any of the provisions of this bylaw or who suffers or permits any act or thing to be done in contravention or violation of any of the provisions of this bylaw, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this bylaw is guilty of an offence against this bylaw and liable, upon summary conviction, to a fine not exceeding Two Thousand Dollars ($2000.00).

5.2 Each day that a violation continues to exist shall constitute a separate offence.

PART 6 - SEVERABILITY

6.1 If any section or lesser portion of this bylaw is held to be invalid by a Court, such invalidity shall not affect the remaining poritons of the bylaw.

PART 7 - REPEAL

7.1 Town of Qualicum Beach Bylaw No. 206 is hereby repealed.

PART 8 - BYLAW NO. 552

8.1 This bylaw may be cited for all purposes as "Town of Qualicum Beach Noise Control Bylaw No. 552, 1994.

READ A FIRST TIME this 7th day of

READ A SECOND TIME this 6th day of

READ A THIRD TIME this 3rd day of

AD PTED this 24th . day of

Clerk

November 1994.

March

1995.

April

1995.

April

Certified a true copy of "Town of Qualicum Beach Noise Control Bylaw No. 552, 1994."

Clerk


A Bylaw to Prevent and Prohibit Nuisances and Disturbances on a Highway or a Public Place

WHEREAS the Town of Qualicum Beach wishes to promote a safe, comfortable and inviting community for all of its citizens, businesses and visitors;

AND WHEREAS the small minority of persons that creates nuisances and disturbances and that, in general, engages in uncivil behaviour threatens the quality of life desired by the population as a whole; and

AND WHEREAS it is in the public interest for the Town of Qualicum Beach to take the necessary measures to eliminate nuisances, disturbances and occurrences of uncivil behaviour;

NOW THEREFORE the Council of the Town of Qualicum Beach, in open meeting assembled, enacts as follows:

1. Title This Bylaw may be cited as the "Town of Qualicum Beach Public Nuisance and Disturbances on a Highway or a Public Place Bylaw No. 624,2008".

2. Definitions In this Bylaw:

"Bylaw Enforcement Officer "means a person appointed by the Municipal council as a Bylaw Enforcement Officer;

"Graffiti "includes any unauthorized inscription, drawing, writing, pictorial representation, message or slogan made on any surface by means of paint, chalk, ink, or other substances, or by chisel, hammer, stone or other device;

"Highway "includes every road, street, lane, alley and right-of-way designed or intended for or used by the general public for the passage of vehicles, and every place or passage way to which the public, for the purpose of parking or servicing vehicles, has access or is invited; and every place or passage way owned or operated by the Town of Qualicum Beach for the purpose of providing off-street parking;

"Municipality" means the Town of Qualicum Beach;

"Person" means a natural person;

Town of Qualicum Beach Bylaw No. 624 - Public Nuisance and Disturbances on a Highway or a Public Place Bylaw Page 2 of 3

"Public Place" includes every sidewalk, park, courtyard, square, walkway, parkade and any other area open to public use.

3. General Prohibitions (1) No person shall disturb the peace, quiet, and enjoyment of the

community by engaging in drunkenness, profane swearing or indecent, obscene or grossly insulting language on a highway or in a public place.

(2) No person shall impede or obstruct any other person on a highway or other public place, excluding lawful picketing as provided in the B.C. Labour Code.

(3) No person shall stand on a highway or in a public place in such a manner which impedes or obstructs the free movement of other persons or vehicular traffic.

(4) No person shall participate in a fight or other similar physical confrontation on a highway or other public place.

(5) No person shall deposit or throw bottles, broken glass or other rubbish on any highway or other public place.

(6) No person shall place graffiti on walls, fences or other structures in or visible from a highway or other public place.

(7) No person shall urinate or defecate on a highway or other public place except in a facility so designed for such a purpose.

4. Exemptions Bylaw Enforcement Officers, on-duty Town of Qualicum Beach employees and persons authorized by the Town of Qualicum Beach who, through their actions, impede or obstruct the free movement of persons or vehicular traffic on highways or in public places, are excluded from the prohibitions and penalties contained in this Bylaw.

5. Enforcement Bylaw Enforcement Officers and R.C.M.P. members are hereby authorized to enforce this Bylaw by means of a Municipal Ticket Information.

6. Penalty Every person who violates any of the provisions of this Bylaw, or who causes, suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this Bylaw, or who neglects or refrains from doing anything required to be done by any of the provisions of this Bylaw, or who carries out or who suffers, causes or permits to be carried out any development in a manner prohibited by or contrary to any of the provisions of this Bylaw, or who fails to comply with any order, direction or notice given under this Bylaw in addition to any other penalties provided for in this Bylaw, shall be liable on summary conviction to a fine not exceeding Two Thousand Dollars ($2,000.00).

Town of Qualicum Beach Bylaw No. 624 - Public Nuisance and Disturbances on a Highway or a Public Place Bylaw Page 3 of 3

7. Jurisdiction This Bylaw is applicable to and enforceable in the entire Municipality.

8. Severability If any section or subsection of this Bylaw is found to be invalid by a court of competent jurisdiction, the section or subsection may be severed from the Bylaw without affecting the validity of the remainder of the Bylaw.

READ A FIRST TIME this 10th day of March, 2008.

READ A SECOND TIME this 26th day of March, 2008.

READ A THIRD TIME this 26th day of March, 2008.

ADOPTED this 7th day of April, 2008.

C.): \ifortti Teunis Westbroek, Mayor Trudy Coat , Corporate Administrator


A Bylaw to Prevent, Abate and Prohibit Nuisances and Provide for the Cost Recovery of Abatement of Nuisances.

WHEREAS Section 8(3)(h) of the Community Charter, states that a Council may, by bylaw, regulate, prohibit and impose requirements in relation to the protection and enhancement of the well-being of its community in relation to matters of nuisances, disturbances and other objectionable situations;

AND WHEREAS under Section 194(1) of the Community Charter a Council may, by bylaw, impose a fee payable in respect of all or part of a service of the municipality;

AND WHEREAS under Section 196(1)(a)(b) and (2) of the Community Charter a Council may, by bylaw, impose fees in relation to fire and security alarm systems;

NOW THEREFORE the Council of the Town of Qualicum Beach in open meeting assembled, enacts as follows:

1. Title This bylaw may be cited as "Town of Qualicum Beach Nuisance Abatement and Cost Recovery Bylaw No. 593, 2005".

2. Interpretation In this bylaw, unless the context otherwise requires:

"Town" means the Town of Qualicum Beach.

"Nuisance" means an activity which substantially and unreasonably interferes with a person's use and enjoyment of a public area or of land he or she occupies or which causes injury to the health, comfort or convenience of an occupier of land and, if it does so, without limiting the generality of the foregoing, may include, an activity such as a noisy party, a group of people making noise, loud music, car racing, revving engines, yelling, shouting, screaming, fighting, littering and trespassing.

"Real Property" means land, with or without improvements so affixed to the land as to make them in fact and in law a part of the real property and includes, as the context requires, individual premises located on real property.

Town of Qualictun Beach Bylaw No. 593 —Nuisance Abatement and Cost Recovery Bylaw Page 2 of 4

3. Service Establishment The Town hereby establishes the service of nuisance abatement.

4. Nuisance Abatement The Town may, as work done or services provided to land or improvements, abate or cause to be abated an activity which causes a nuisance.

5. Cost Recovery of Abatement Where a member of the R.C.M.P., Qualicum Beach Fire Department, a Bylaw Enforcement Officer, or other Town Officials are required to respond to a real property for:

a) more than one nuisance service call within a twenty-four (24) hour period; or

(b) more than four nuisance service calls within a twelve (12) month period;

(c) the owner of the real property shall be liable to pay a nuisance abatement fee in accordance with the amounts prescribed in Schedule "A" of this Bylaw for each additional nuisance service call responded to at the same real property within the twelve (12) month period following the date of the notice referred to in Section 6.

Nuisance abatement fees shall be paid by the owner on receipt of an invoice from the Town. If the amount of each invoice is not paid in full before the 31st day of December in the year received, on written notice to the owner, the amount shall be added to and form part of the taxes on the real property, as taxes in arrears.

An owner may, within 30 days of receipt of an invoice demanding payment of nuisance abatement fees, require that Council reconsider the requirement to pay, or the amount of, the nuisance abatement fees, at which time the owner of the real property shall have an opportunity to be heard by Council.

6. Process of Providing Notice Written notice shall be provided to the owner of the real property from which the nuisance emanated. The Notice may be served personally or mailed by prepaid registered mail to the address of the owner shown on the current year's real property assessment roll.

The Notice will include the following:

Town of Qualicum Beach Bylaw No. 593 — Nuisance Abatement and Cost Recovery Bylaw Page 3 of 4

(a) describing in reasonable detail the nature of the nuisance conduct, activity or condition that occurred, or was maintained or permitted in, on or near the real property; and

(b) advising the owner that nuisance abatement fees will be imposed for each additional nuisance service call to the same real property and that the imposition of such fees is in addition to the Town's right to seek other legal remedies or actions for abatement of the nuisance.

7. Fees and Charges The fees and charges recoverable for the service of nuisance abatement shall be those prescribed in Schedule "A" to this Bylaw. Schedule "A" forms a part of this Bylaw and is enforceable in the same manner as this Bylaw.

READ A FIRST time this 14th day of February, 2005.

READ A SECOND time this 10th day of March, 2008.

READ A THIRD time this 26th day of March, 2008.

ADOPTED this 7th day of April, 2008.

Teunis Westbroek, Mayor Trudy Co es, Corporate Administrator

Town of Qualicum Beach Bylaw No. 593 — Nuisance Abatement and Cost Recovery Bylaw Page 4 of 4

SCHEDULE "A" to Bylaw No. 593, 2005

The following hourly rates will be charged for every hour or lA hour portion thereof which any of the following Town Staff, RCMP, or Town of Qualicum Beach Fire Rescue Personnel use to deal with the abatement of a nuisance and depending upon the day of the week and the time of day which such services are required the hourly rate may be increased by one and a half to two times.

(RCMP rates are charged out rates used by the RCMP, while the remainder of the Town rates reflect combined wage/benefit rate.)

REGULATORY SERVICES Town Staff Bylaw— Supervisor 50.00 Bylaw Officer 35.00 Building Inspector 40.00

RCMP Superintendent 65.00 Inspector 60.00 Staff Sergeant 50.00 Sergeant 45.00 Corporal 40.00 Constable 35.00 Police Vehicle — Cruiser 50.00 Police Vehicle - Dog 50.00 Police Helicopter 1000.00

Qualicum Beach Fire Rescue Engines 400.00 Per Engine Rescue Vehicles 300.00 Per Vehicle Aerial 600.00 Chief's Vehicle 150.00

Engineering/Public Works Engineer 60.00 Foreman 45.00 Utility Worker 40.00 Labourer 35.00

EQUIPMENT Qualicum Rates

Town — Car 25.00 Town Truck — Light 25.00 Town Truck — Heavy 40.00 Town Truck — Service Cost + 10%

Other Labour Costs Special Inspection 300.00 Contract Work Cost + 10% Other Equipment Costs Cost + 10%

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