New legislation enhances fire safety for people, communities

PEOPLE and communities will be better protected from structure fires as the provincial government implements legislation to enhance fire safety through an enhanced system of inspections and effective enforcement.

The Fire Safety Act (FSA) replaces the previous Fire Services Act and reflects significant advancements in fire protection and a deeper understanding of fire behaviour since the last substantial update of the Fire Services Act in 1979.

“The Fire Safety Act is a significant step forward in ensuring the safety of all British Columbians,” said Mike Farnworth, Minister of Public Safety and Solicitor General, on Thursday. “This modern legislation provides fire services with the tools they need to improve compliance with fire-safety codes and legislation, ultimately protecting lives, communities and property.”

The FSA introduces enhanced monitoring to identify higher-risk buildings, a penalty system to incentivize owner compliance with fire-safety legislation and the BC Fire and BC Building Codes, and more effective enforcement tools. These updates are crucial for preventing fire-related tragedies and damage in residential, commercial and industrial properties.

The FSA was developed in response to stakeholder feedback and recommendations from a BC Coroners report on the 2012 Lakeland Mills explosion, which recommended penalties for building owners for non-compliance with the BC Fire Code and orders of the fire commissioner.

The FSA requires municipalities and regional districts to designate fire inspectors and fire investigators. Under the FSA, municipalities will operate within a proactive fire-inspection model that focuses on compliance monitoring of higher-risk buildings. In addition, the municipal designated fire investigators will also be responsible for investigating fires. Regional districts will operate within a complaint model. Upon request from a regional district, fire service advisers from the Office of the Fire Commissioner will conduct fire inspections and fire investigations on behalf of the regional district at no cost. However, a regional district with sufficient resources and local expertise may choose to undertake all inspections and investigations within their jurisdiction. This model was determined through extensive collaboration with the Union of B.C. Municipalities (UBCM) and the Office of the Fire Commissioner.

“We are very pleased with the effort shown by the Office of the Fire Commissioner to understand the unique circumstance regional districts face in terms of capacity, expertise and the vast area they cover,” said Trish Mandewo, President, UBCM. “The collaborative process has resulted in a solution that will achieve a single standard of fire safety in the province, while also recognizing these inherent challenges of implementation for regional districts. UBCM is grateful to the members of the working group, and especially for director Al Richmond’s leadership on behalf of regional districts, and the ministries of Public Safety and Solicitor General, and Municipal Affairs for their efforts to reach this strong outcome.”

The FSA establishes the authority for the fire commissioner to issue an administrative monetary penalty to building owners in circumstances of non-compliance, such as non-compliance with a fire-inspector order or a preventive evacuation order of a building. Application of penalties will be focused on serious, repeated or deliberate cases of non-compliance with the FSA.

As of August 1, 2024, there is a one-year transition period before designated inspectors and investigators must meet new training standards. Throughout the fall 2024 and winter 2025, the Office of the Fire Commissioner will work closely with partners to ensure a successful implementation of the FSA requirements.

Brian Godlonton, B.C. Fire Commissioner, said: “Both the risk-based compliance-monitoring model and the reactive model are intended to keep occupants safe from potential fire hazards and prevent fire-related tragedies. I am grateful for the collaboration of UBCM, the Fire Chiefs’ Association of British Columbia and other partners that has allowed us to get to a place where we can achieve a single standard of fire safety throughout the province.”

Dan Derby, President, Fire Chiefs’ Association of British Columbia, said: “I am pleased to see the new Fire Safety Act come into effect, providing for the adoption of a risk-based model and additional tools that will help local governments apply their fire-prevention and inspection efforts where the need exists. This new legislation will be key to preventing fires and providing for life safety where the fire risk is highest.”

Todd Schierling, President, British Columbia Professional Fire Fighters’ Association, said: “The changes to the Fire Safety Act are a significant step forward in prioritizing public and firefighter safety. They focus on implementing risk-based compliance monitoring and strengthening enforcement measures. The BCPFFA fully supports this approach in effectively upholding and enhancing fire-safety standards, and thanks the provincial government for implementing safeguards to protect the public and fire fighters.”