REGULAR AGENDA - Regional District of North Okanagan
REGULAR AGENDA - Regional District of North Okanagan
REGULAR AGENDA - Regional District of North Okanagan
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REGIONAL DISTRICT OF NORTH OKANAGAN<br />
ELECTORAL AREA ADVISORY COMMITTEE MEETING<br />
Thursday, May 3, 2012<br />
10:30 am<br />
<strong>REGULAR</strong> <strong>AGENDA</strong><br />
A. APPROVAL OF <strong>AGENDA</strong><br />
1. Regular Agenda – May 3, 2012<br />
(Opportunity for Introduction <strong>of</strong> Late Items)<br />
(Opportunity for Introduction <strong>of</strong> Late Items – In Camera Agenda)<br />
RECOMMENDATION 1<br />
That the Agenda <strong>of</strong> the May 3, 2012 Electoral Area Advisory Committee meeting be<br />
approved as presented.<br />
B. ADOPTION OF MINUTES<br />
1. Electoral Area Advisory Committee – April 5, 2012<br />
RECOMMENDATION 2 Page 1<br />
That the minutes <strong>of</strong> the April 5, 2012 Electoral Area Advisory Committee Meeting be<br />
adopted as circulated.<br />
C. PETITIONS AND DELEGATIONS<br />
1. Vernon / <strong>North</strong> <strong>Okanagan</strong> Safe Communities Unit<br />
- April 2012 Report (to be distributed at meeting)<br />
- April SpeedWatch Report (to be distributed at meeting)<br />
RECOMMENDATION 3<br />
That the report dated April 2012 from the Vernon / <strong>North</strong> <strong>Okanagan</strong> Detachment –<br />
Safe Communities Unit be received for information.<br />
2. Development Variance Permit Application<br />
WGP 202 HOLDINGS LTD. c/o ARDA Consultants Ltd.<br />
(See item F. 2)<br />
D. REPORTS<br />
1. Advisory Planning Commission Meetings<br />
RECOMMENDATION 4<br />
That the minutes <strong>of</strong> the following Advisory Planning Commission meetings be<br />
received for information:<br />
a. Electoral Area "B" – Meeting <strong>of</strong> April 25, 2012 (to be distributed at meeting)<br />
b. Electoral Area "F" – Meeting <strong>of</strong> April 16, 2012 (to be distributed at meeting)
Electoral Area Advisory Committee<br />
Agenda – Regular - 2 - May 3, 2012<br />
2. BX Swan Lake Fire Rescue – Fire Hall Study<br />
- Staff report dated April 17, 2012<br />
RECOMMENDATION 5 Page 7<br />
That it be recommended to the Board <strong>of</strong> Directors that the BX Swan Lake Fire<br />
Rescue – 2011 Fire Hall Study be received for information.<br />
E. UNFINISHED BUSINESS<br />
F. NEW BUSINESS<br />
1. Legal Document Request<br />
WGP 202 HOLDINGS LTD. c/o ARDA Consultants Ltd. [File No. 10-0685-B-LD]<br />
- Staff report dated March 16, 2012<br />
RECOMMENDATION 6 Page 76<br />
That it be recommended to the Board <strong>of</strong> Directors that, upon consideration <strong>of</strong> input<br />
from adjacent landowners, written approval be provided for the subdivision <strong>of</strong> the<br />
property legally described as Lot 1, Sec 5, Twp 9, ODYD, Plan KAP80583 and<br />
located at 415 High Ridge Road, Electoral Area “B”, as shown on the subdivision<br />
plan attached to Planning Department Report dated March 16, 2012, and in<br />
accordance with Covenant KW5195 registered on the title <strong>of</strong> the subject property.<br />
2. Development Variance Permit Application<br />
WGP 202 HOLDINGS LTD. c/o ARDA Consultants Ltd. [File No. 11-0685-B-DVP]<br />
- Staff report dated March 16, 2012<br />
RECOMMENDATION 7 Page 89<br />
That it be recommended to the Board <strong>of</strong> Directors that upon consideration <strong>of</strong> input<br />
from adjacent landowners, a Development Variance Permit be issued for the<br />
property legally described as Lot 1, Sec 5, Twp 9, ODYD, Plan KAP80583 and<br />
located at 415 High Ridge Road, Electoral Area “B” to vary:<br />
1. Section 402.3.f <strong>of</strong> Subdivision Servicing Bylaw No. 726, 1986 to permit, within an<br />
existing four lot subdivision, a fifth lot to be created and to be supplied with water<br />
from a licensed private water intake from Kalamalka Lake as shown on the<br />
subdivision plan attached to the Planning Department report dated March 16,<br />
2012.<br />
3. Agricultural Land Commission Application<br />
BLUEBEAR HOLDINGS c/o Randy and Kim Tubb [File No. 11-0719-F-ALR]<br />
- Staff report dated March 8, 2012<br />
RECOMMENDATION 8 Page 100<br />
That it be recommended to the Board <strong>of</strong> Directors that the application <strong>of</strong> Randy and<br />
Kim Tubb under Section 20(3) <strong>of</strong> the Agricultural Land Commission Act for a nonfarm<br />
use related to the proposed alteration <strong>of</strong> a golf course clubhouse and parking lot<br />
and the addition <strong>of</strong> 16 recreational vehicle campsites on the properties legally<br />
described as That Part <strong>of</strong> the NW ¼ on Plan B604, Sec 19, Twp 19. R8, W6M,
Electoral Area Advisory Committee<br />
Agenda – Regular - 3 - May 3, 2012<br />
KDYD, Except Plans B5954 and 40144 AND Lot 1, Sec 19, Twp 19, R8, W6M,<br />
KDYD, Plan 40144 and located at 7023 & 7025 Highway 97A, Electoral Area ‘F’ not<br />
be authorized for submission to the Agricultural Land Commission.<br />
4. Electoral Area Annexation Impact Study Funding Options<br />
- Staff report dated March 22, 2012<br />
FOR DISCUSSION and DIRECTION Page 112<br />
5. Speed limit on Rivermouth Road / Streetlights on Highway 97B<br />
RECOMMENDATION 9<br />
That it be recommended to the Board <strong>of</strong> Directors that a letter <strong>of</strong> support be<br />
forwarded to the Ministry <strong>of</strong> Transportation and Infrastructure to:<br />
- Reduce the speed limit on Rivermouth Road;<br />
- Install a streetlight at Highway 97B and Springbend Road; and<br />
- Install a streetlight at Highway 97B and Grandview Bench Road<br />
6. Illegal Buoys<br />
- Letter dated March 5, 2012<br />
FOR DISCUSSION Page 116<br />
7. Agricultural Waste Control Regulation<br />
- Staff report dated April 20, 2012<br />
- Intentions Paper<br />
- Response Form<br />
FOR DISCUSSION and COMMENT Page 119<br />
G. IN CAMERA<br />
RECOMMENDATION 10<br />
That, pursuant to Section 92 <strong>of</strong> the Community Charter, the regular meeting <strong>of</strong> the<br />
Electoral Area Advisory Committee convene In Camera to deal with matters deemed<br />
closed to the public in accordance with Section 90(1)(c) and (f) <strong>of</strong> the Community<br />
Charter.<br />
H. REPORT FROM IN CAMERA<br />
I. ADJOURNMENT
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item B.1<br />
REGIONAL DISTRICT OF NORTH OKANAGAN<br />
MINUTES <strong>of</strong> a <strong>REGULAR</strong> meeting <strong>of</strong> the ELECTORAL AREA ADVISORY COMMITTEE held<br />
in the Board Room at the <strong>Regional</strong> <strong>District</strong> Office on Thursday, April 5, 2012<br />
Members: Director R. Fairbairn Electoral Area “D” Chair<br />
Director B. Fleming Electoral Area “B” Vice Chair<br />
Director M. Macnabb Electoral Area “C”<br />
Director E. Foisy Electoral Area “E”<br />
Director J. Pearase Electoral Area “F”<br />
Staff: L. Mellott General Manager, Electoral Area Administration<br />
R. Smailes General Manager, Planning and Building<br />
R. Baker Community / Protective Services Manager<br />
A. Page Sustainability Coordinator<br />
C. Walker Planning Technologist<br />
L. Schrauwen Clerk, Electoral Area Administration / Human Resources<br />
(taking minutes)<br />
Others: Director P. Nicol Board Chair<br />
Alt. Director S. Ghattas Electoral Area “B”<br />
R. Morgan <strong>Regional</strong> Crime Prevention Coordinator<br />
Public<br />
CALL MEETING TO ORDER<br />
The chair called the meeting to order at 10:33 a.m.<br />
APPROVAL OF <strong>AGENDA</strong><br />
Regular Agenda – April 5, 2012<br />
Moved and seconded by Directors Foisy and Pearase<br />
That the Agenda <strong>of</strong> the April 5, 2012 Electoral Area Advisory Committee meeting be approved<br />
as presented.<br />
CARRIED<br />
ADOPTION OF MINUTES<br />
Electoral Area Advisory Committee – March 8, 2012<br />
Moved and seconded by Directors Macnabb and Fleming<br />
That the minutes <strong>of</strong> the March 8, 2012 Electoral Area Advisory Committee meeting be adopted<br />
as circulated.<br />
CARRIED<br />
Page 1 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item B.1<br />
Electoral Area Advisory Committee<br />
Minutes – Regular - 1 - April 5, 2012<br />
PETITIONS AND DELEGATIONS<br />
Vernon / <strong>North</strong> <strong>Okanagan</strong> Safe Communities Unit<br />
Moved and seconded by Directors Macnabb and Fleming<br />
That the report dated March 27, 2012 from the Vernon / <strong>North</strong> <strong>Okanagan</strong> Detachment – Safe<br />
Communities Unit be received for information.<br />
CARRIED<br />
It was mentioned that the Ski Watch Program has concluded and has proven successful as the<br />
theft <strong>of</strong> skis and snowboards has been noticeably reduced largely due to the presence <strong>of</strong> the<br />
<strong>Regional</strong> Crime Prevention Coordinator at Silver Star Mountain and the engraving <strong>of</strong> driver’s<br />
license numbers on skis and snowboards. It was noted that a Frauds, Cons and Scams<br />
presentation at the Shubert Center was well attended. Internet Safety presentations will be held<br />
after the Easter weekend at Ashton Creek Elementary School, Grindrod Elementary School,<br />
and BX Elementary School. It was mentioned that no tickets were issued by the RCMP while<br />
attending recent Speed Watches as their presence seems to be enough <strong>of</strong> a deterrent for<br />
speeders to slow down.<br />
Development Permit with Variance Application<br />
DEMILLE’S MARA MARKET c/o Brad and Kelly DeMille<br />
The General Manager, Planning and Building advised that one written submission had been<br />
received:<br />
1. Larry & Alice Callens, 7703 Hwy 97A and Madge Callens, 7705 Hwy 97A<br />
- Strongly support this application<br />
- A benefit and positive for the community<br />
- The DeMille’s have made significant improvements to the visual appearance and<br />
quality <strong>of</strong> the products sold and are the heard <strong>of</strong> Mara as a community.<br />
- No objection to this matter being approved but suggest that the Ministry <strong>of</strong><br />
Transportation widen the highway to create turning lanes for safety and in<br />
recognition <strong>of</strong> the economic tax benefits flowing to all levels <strong>of</strong> government.<br />
Brad DeMille spoke in support <strong>of</strong> the application.<br />
Development Variance Permit Application<br />
RIVERTON DAIRY c/o Shane Thiessen<br />
The General Manager, Planning and Building advised that one written submission had been<br />
received:<br />
1. Duane & Glenda Claerhout, owner <strong>of</strong> 72 Dale Road<br />
- Questioned how many cows the dairy herd will be increased by<br />
- Questioned what will happen to the increase in manure and how will it be handled<br />
and disposed <strong>of</strong><br />
- Questioned if the river will be impacted by an increase in manure and disposal <strong>of</strong><br />
same<br />
- Concerned about air quality from an increase in dairy smell that will result from a<br />
larger herd; <strong>of</strong>ten downwind and can smell the dairy at the present time.<br />
Page 2 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item B.1<br />
Electoral Area Advisory Committee<br />
Minutes – Regular - 2 - April 5, 2012<br />
Waiver <strong>of</strong> Lot Frontage Application<br />
LANG, Heidi and Helmut c/o Deuling & Co.<br />
No one was present to speak to the application.<br />
REPORTS<br />
Advisory Planning Commission Meetings<br />
Moved and seconded by Directors Macnabb and Foisy<br />
That the minutes <strong>of</strong> the following Advisory Planning Commission meetings be received for<br />
information:<br />
- Electoral Area "D" – Meeting <strong>of</strong> March 29, 2012<br />
- Electoral Area "E" – Meeting <strong>of</strong> March 26, 2012<br />
- Electoral Area “F” – Meeting <strong>of</strong> January 16, 2012<br />
- Electoral Area "F" – Meeting <strong>of</strong> March 19, 2012<br />
CARRIED<br />
Community Acknowledgements<br />
Moved and seconded by Directors Pearase and Fleming<br />
That the letter from the Kingfisher School Committee dated February 17, 2012 and the letter<br />
from the Mara Community Church dated February 26, 2012 be received for information.<br />
CARRIED<br />
Discussion ensued regarding advising the Kingfisher School Committee to apply for Community<br />
Works Fund grants for future projects.<br />
NEW BUSINESS<br />
Development Permit with Variance Application<br />
DEMILLE’S MARA MARKET c/o Brad and Kelly DeMille [File No. 11-0724-F-DP]<br />
Moved and seconded by Directors Macnabb and Pearase<br />
That it be recommended to the Board <strong>of</strong> Directors, a Development Permit with Variances be<br />
issued for the property legally described as Lot 1, Sec 4, Twp 20, R8, W6M, KDYD, Plan<br />
KAP51662 and located at 7702 Highway 97A, Electoral Area ‘F’ to vary the following sections <strong>of</strong><br />
the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Zoning Bylaw No. 1888, 2003:<br />
1. Section 406.1 by reducing the minimum setback <strong>of</strong> a building from the centreline <strong>of</strong> Highway<br />
97A from 34.5 m to 31.82 m; and<br />
2. Section 502.2.c by increasing the maximum allowable gross floor area for retail sales <strong>of</strong><br />
flowers, food, fruit, groceries, plants and produce from 150 m 2 to 498.6 m 2 ; and<br />
3. Section 1101.2.e by waiving the requirement to pave parking stalls 8-12 and the loading<br />
areas; and<br />
4. Section 1501.2.a.ii by reducing the minimum width <strong>of</strong> a landscaped buffer along Highway<br />
97A from 7.5 m wide to 0 m; and further,<br />
That the Development Permit with Variances be issued for the property legally described as Lot<br />
1, Sec 4, Twp 20, R8, W6M, KDYD, Plan KAP51662 and located at 7702 Hwy 97A, Electoral<br />
Area ‘F’ with the following conditions:<br />
Page 3 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item B.1<br />
Electoral Area Advisory Committee<br />
Minutes – Regular - 3 - April 5, 2012<br />
1. The dimensions and siting <strong>of</strong> the building, parking, loading and landscaped areas on the<br />
land be in general accordance with the site plan attached to the Planning Department<br />
Report dated March 9, 2012; and<br />
2. The exterior design and finish <strong>of</strong> the building on the land be in general accordance with the<br />
building elevations attached to the Planning Department Report dated March 9, 2012; and<br />
3. A Controlled Access Permit be received from the Ministry <strong>of</strong> Transportation and<br />
Infrastructure; and<br />
4. The parking and loading areas shall be graded and drained so that no surface water<br />
accumulates on the property or runs <strong>of</strong>f onto neighbouring properties and the gravel parking<br />
and loading areas must be kept free <strong>of</strong> weeds and treated to suppress dust.<br />
CARRIED<br />
Development Variance Permit Application<br />
RIVERTON DAIRY c/o Shane Thiessen [File No. 11-0728-F-DVP]<br />
Moved and seconded by Directors Pearase and Foisy<br />
That it be recommended to the Board <strong>of</strong> Directors, a Development Variance Permit be issued<br />
for the property legally described as That Part <strong>of</strong> the S ½ <strong>of</strong> Sec 35, Which Lies to the <strong>North</strong> <strong>of</strong><br />
the Right Bank <strong>of</strong> Spallumcheen River, Twp 18, R9, W6M, KDYD, Except That Part Covered by<br />
DL 237, KDYD, As Shown Upon a Plan <strong>of</strong> Said Township Dated at Ottawa on the 10 th day <strong>of</strong><br />
January 1902 and located at 96 Dale Road, Electoral Area ‘F’ to allow a variance to Table 1 <strong>of</strong><br />
Division 1601 <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Zoning Bylaw No. 1888, 2003 by<br />
reducing the north side yard setback <strong>of</strong> a principal farm building from 30 m to 4.57 m as shown<br />
on the building location sketch and building elevation plans attached to the Planning<br />
Department Report dated February 21, 2012 subject to the following:<br />
1. Exhaust fans may not be vented from the building towards the adjacent property to the<br />
north; and<br />
2. The building must be setback at least 30 m from the east lot line <strong>of</strong> the subject property in<br />
accordance with Table 1 <strong>of</strong> Division 1601 <strong>of</strong> Zoning Bylaw No. 1888; and<br />
3. Outdoor compost storage, solid agricultural waste and agricultural waste storage facilities<br />
must be setback at least 30 m from all property lines and domestic well sources in<br />
accordance with Tables 3 and 4 <strong>of</strong> Division 1601 <strong>of</strong> Zoning Bylaw No. 1888, 2003.<br />
CARRIED<br />
Discussion ensued regarding the location <strong>of</strong> the new barn. It was noted that the location was<br />
determined by existing utility services and the amount <strong>of</strong> space on the property. Discussion<br />
ensued regarding the application process in the Planning Department.<br />
Waiver <strong>of</strong> Lot Frontage Application<br />
LANG, Heidi and Helmut c/o Deuling & Co. [File No. 12-0052-D-WVR / 11-0435-D-SUB]<br />
Moved and seconded by Directors Macnabb and Pearase<br />
That the memorandum from the Planning Department dated March 1, 2012 regarding Waiver <strong>of</strong><br />
Lot Frontage Application for the property legally described as Lot 2, Secs. 13, 14, and 23, Twp.<br />
40, ODYD, Plan 25677, Except Plan KAP85365 and located at Albers Road Electoral Area<br />
‘D’ be received for information.<br />
CARRIED<br />
Moved and seconded by Directors Macnabb and Pearase<br />
That it be recommended to the Board <strong>of</strong> Directors that the 10% minimum frontage requirement<br />
<strong>of</strong> Section 803.7 <strong>of</strong> the RDNO Zoning Bylaw No. 1888, 2003 be waived for the property legally<br />
described as Lot 2, Secs. 13, 14, and 23, Twp. 40, ODYD, Plan 25677, Except Plan KAP85365<br />
Page 4 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item B.1<br />
Electoral Area Advisory Committee<br />
Minutes – Regular - 4 - April 5, 2012<br />
and located at Albers Road Electoral Area ‘D’ by reducing the lot frontage <strong>of</strong> the proposed<br />
Remainder Lot from ±751 metres to 20.2 metres as shown on the site plan attached to the<br />
Planning Department memorandum dated March 1, 2012.<br />
CARRIED<br />
Agricultural Land Commission Application<br />
BLUEBEAR HOLDINGS c/o Randy and Kim Tubb [File No. 11-0719-F-ALR]<br />
Moved and seconded by Directors Pearase and Fleming<br />
That consideration <strong>of</strong> the application <strong>of</strong> Randy and Kim Tubb under Section 20(3) <strong>of</strong> the<br />
Agricultural Land Commission Act for a non-farm use related to the proposed alteration <strong>of</strong> a golf<br />
course clubhouse and parking lot and the addition <strong>of</strong> 16 recreational vehicle campsites on the<br />
properties legally described as That Part <strong>of</strong> the NW ¼ on Plan B604, Sec 19, Twp 19. R8, W6M,<br />
KDYD, Except Plans B5954 and 40144 AND Lot 1, Sec 19, Twp 19, R8, W6M, KDYD, Plan<br />
40144 and located at 7023 & 7025 Highway 97A, Electoral Area ‘F’ be deferred to the May 3,<br />
2012 EAAC meeting.<br />
CARRIED<br />
Community Works Fund Project #68<br />
Moved and seconded by Directors Macnabb and Fleming<br />
That it be recommended to the Board <strong>of</strong> Directors that the Cherryville Water Quality Program be<br />
funded from the Community Works Fund at a cost <strong>of</strong> $20,400.00 over three years, with a budget<br />
<strong>of</strong> $6,800.00 in 2012.<br />
CARRIED<br />
Discussion ensued regarding the process <strong>of</strong> obtaining water report results related to Cherry<br />
Creek. It was requested that results be posted on the RDNO website in the future.<br />
Electoral Area Annexation Impact Study Funding Options<br />
It was mentioned that the RDNO has not received a response from the Ministry <strong>of</strong> Community,<br />
Sport and Cultural Development or the Union <strong>of</strong> British Columbia Municipalities regarding the<br />
funding request that was mailed on March 22, 2012. Preliminary responses have been received<br />
from a few <strong>Regional</strong> <strong>District</strong>s. It was noted that Urban Systems is very interested in completing<br />
Phase II <strong>of</strong> the Electoral Area Annexation Impact Study.<br />
Moved and seconded by Directors Pearase and Fleming<br />
That a decision for funding <strong>of</strong> Phase II <strong>of</strong> the Electoral Area Annexation Impact Study be<br />
deferred to the May 3, 2012 EAAC meeting.<br />
CARRIED<br />
Community Operational Fuel Treatment<br />
Moved and seconded by Directors Macnabb and Fleming<br />
That staff be directed to submit funding applications for Community Operational Fuel Treatment<br />
projects under $100,000, with the understanding that the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong><br />
would be responsible for cash and/or in-kind contribution <strong>of</strong> 10% <strong>of</strong> the project costs, to a<br />
maximum <strong>of</strong> $10,000 per project.<br />
CARRIED<br />
Discussion ensued regarding the definition <strong>of</strong> in-kind contributions and applications that may be<br />
Page 5 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item B.1<br />
Electoral Area Advisory Committee<br />
Minutes – Regular - 5 - April 5, 2012<br />
submitted in the near future.<br />
ADJOURNMENT<br />
There being no further business the meeting was adjourned at 11:52 a.m.<br />
Certified Correct:<br />
Chair<br />
Corporate Officer<br />
Page 6 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
REGIONAL DISTRICT<br />
<strong>of</strong><br />
NORTH OKANAGAN<br />
REPORT<br />
File No.: 7200.01<br />
TO:<br />
FROM:<br />
DATE:<br />
SUBJECT:<br />
Electoral Area Advisory Committee<br />
Community Protective Services<br />
April 17, 2012<br />
BX Swan Lake Fire Rescue - Fire Hall Study<br />
RECOMMENDATION:<br />
That it be recommended to the Board that the BX Swan Lake Fire Rescue - 2011 Fire Hall<br />
Study be received for information.<br />
BACKGROUND:<br />
The BX Swan Lake fire hall was originally constructed in 1976 with additions in 1994 and 1995.<br />
Since that time there has been significant residential and commercial growth within the Electoral<br />
Areas "B" and "C" fire protection area. In response the addition <strong>of</strong> specialized emergency<br />
equipment and increasing training and administration demands have exceeded the capacity <strong>of</strong><br />
the current facility. It is deficient in a number <strong>of</strong> key areas, prompting the issuance <strong>of</strong> an RFP for<br />
a fire hall study to review the present fire hall location and facilities and determine future<br />
requirements as they relate to predicted growth.<br />
DISCUSSION:<br />
The Report includes a number <strong>of</strong> recommendations, one <strong>of</strong> which is planning at the regional<br />
level for the addition <strong>of</strong> a new fire hall in the Swan Lake Corridor within the next 5 years.<br />
The Swan Lake Corridor has been designated as a growth area in the <strong>Regional</strong> Growth<br />
Strategy.<br />
It is expected that the Study will establish a platform for further discussions with the City <strong>of</strong><br />
Vernon, the Township <strong>of</strong> Spallumcheen and City <strong>of</strong> Armstrong in considering at a new firehall<br />
and service delivery model that best addresses regional needs.<br />
Submitted by:<br />
Approved for inclusion:<br />
Page 7 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
Fi Wis onsulti L<br />
PO<br />
'} :<br />
""')<br />
VOR 2<br />
() or 250-H 12<br />
fi sl'consldt i<br />
Helping the Fire Community Succeed<br />
BXSLFR - 2011 FIRE HALL STUDY<br />
<strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong><br />
Prepared by: Glen Sanders<br />
Gary McCall<br />
9848 Aberdeen Road<br />
Coldstream, BC<br />
ViB 2K9<br />
Page 8 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
TABLE <strong>of</strong> CONTENTS<br />
1.0 Executive Summary.................................................................................... 3<br />
1.1 Summary <strong>of</strong> Recommendations............... ................................. ................ 5<br />
2.0 Introduction......... ...................................................................................... 6<br />
2.1 Project Scope..................... ... ................................................................. 6<br />
2.2 Disclaimer........................... ........................... ...................................... 6<br />
2.3 Background........................ ... ... ........................ .................................... 6<br />
3.0 Methodology.............................................................................................. 7<br />
3.1 Meetings........................... .......................................... .................. ........ 7<br />
3.2 Document Review............ ...... ......... ... ... ...... ...... ..................................... 8<br />
3.3 Site Visits........................... ... ... ...... ...... ...... ...... ................................. ... 9<br />
3.4 Draft Report......... ................................................... .............................. 10<br />
4.0 Growth Areas......... ... .................................................................... ......... ..... 10<br />
4.1 Future Needs Forecast............................................................................. 11<br />
5.0 Fire Hall location Type, Equipment and Capacity... ...... ...... ..... .... ... ... ... ...... ........ 13<br />
5.1 Existing BXSlFR Fire Hall ......................................................................... 13<br />
5.2 New Fire Hall location .............................................................................. 18<br />
5.0.1 Recommendation ......... '" ...................................................................... 19<br />
5.3 New Fire Hall Information ......................................................... ~ ................ 20<br />
5.4 Fire Hall Cost. ......................................................................................... 24<br />
5.5 BXSlFR Fire Apparatus Capacity ............................................................... 25<br />
5.0.2 Recommendation ................................................................................. 25<br />
5.0.3 Recommendation .................................................................................. 26<br />
5.6 Response Time and Travel ....................................................................... 28<br />
5.6.1 Response Time and Travel Distances from Proposed New Fire Hall location ... 29<br />
5.7 New Fire Hall Impact on Insurance Industry Grading..................................... 31<br />
6.0 Firefighting Water Supply ..... '" ............... ......... ... ... ...... ..... .......... ....... ............ 32<br />
6.1 Alternative Water Supply............... ............................. ... ............ ... ... ... ..... 32<br />
7.0 Staffing........ ............................................................................................. 33<br />
8.0 Pre-Fire Planning and Fire Prevention... ......... ... ... ... ... ... .... ........ ......... ......... .... 36<br />
9.0 Summary.................................................................................................. 40<br />
Appendix "A"NFPA 1720 Standard for the Organization and Deployment <strong>of</strong> Volunteer Fire<br />
Departments... ...... ....................................... ...... ........................ ......... ............. 45<br />
Appendix "B" Fire Underwriter's Survey Requirements......... ...... ......... ...................... 52<br />
Appendix "c" <strong>North</strong> BXSlFR Fire Hydrant Information............... ......... .................... ... 58<br />
. Appendix "0" Dry Hydrant Information.................................... ......... ... ... ... ... ...... .. ... 61<br />
Appendix "E" Job Pr<strong>of</strong>ile Fire Chief, Volunteer Fire Department... ......... ... ... ...... .... .. .... 64<br />
Appendix "F" Additional Aerial ladder Truck Information.................................. ... ....... 66<br />
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1.0 Executive Summary<br />
The <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> (RDNO) through the Local Government Act<br />
derives authority to deliver specified services as determined by the elected Board<br />
members within the <strong>District</strong>. The RDNO Board has chosen to exercise their<br />
discretionary power to establish and maintain a fire service in specified areas within<br />
three larger electoral areas. The BXSLFR Fire Rescue Department (BXSLFRD), the<br />
Silver Star Village Fire Department (SSVFD) and the Lumby and <strong>District</strong> Fire<br />
Department (L&DFD) deliver fire protection to these specified areas.<br />
The BXSLFR service has outgrown its existing facility and has plans to replace key<br />
equipment in the apparatus fleet in the coming years as part <strong>of</strong> its fleet replacement<br />
program.<br />
This report makes specific recommendations regarding the existing BXSLFR fire hall<br />
and suggests how the service can be improved by adding capacity to the system in an<br />
attempt to <strong>of</strong>fset the identified risk that is both current and forecast. It also contains<br />
observations and recommendations on master planning, staffing and how other<br />
communities and departments within the RDNO will be impacted as growth occurs.<br />
Consideration has been given in the report to shared resources and fire service<br />
automatic inter-community aid thereby enhancing service levels but with minimal<br />
financial impact on individual communities.<br />
One <strong>of</strong> the original project responsibilities was to forecast Fire Department operational<br />
requirements over the next 20 years. In doing so other components that are important<br />
to the delivery <strong>of</strong> fire services were identified and are discussed in a general way as<br />
observations within the report. These other identified components may not be within the<br />
mandate <strong>of</strong> the BXSLFR to manage but the BXSLFR could be in the position to<br />
comment on how improvements can be made to enhance the overall level <strong>of</strong> the fire<br />
service. The other components that have been identified impact current and future<br />
service delivery and may require further study.<br />
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The industrial area in the <strong>North</strong> <strong>Okanagan</strong> has evolved and has become an integral part<br />
<strong>of</strong> the economic engine that provides jobs and supports the region by providing<br />
employment and services. The existing infrastructure has slowly been improved in an<br />
attempt to keep pace with the growth. As future industrial and residential development<br />
occurs in the region, infrastructure required by the fire service such as adequate roads<br />
and water can be included in development costs. As more industry locates in the<br />
existing industrial areas greater demands will be placed on infrastructure and it will take<br />
careful planning on the part <strong>of</strong> BXSLFR in consultation with all the other RONO service<br />
providers to maintain or enhance the level <strong>of</strong> service BXSLFR will be able to provide.<br />
The RONO along with its municipal counterparts worked collaboratively for two years to<br />
create a <strong>Regional</strong> Growth Strategy (RGS) that identifies where growth in the region will<br />
occur and what impact this growth will have. The final report was circulated through the<br />
regional district and member municipalities for comments. On September 21 , 2011, the<br />
third and final reading <strong>of</strong> the Bylaw adopting this report was passed by the RONO Board<br />
<strong>of</strong> Directors. The report identified that growth along the east side <strong>of</strong> Swan Lake Hwy 97<br />
corridor will likely occur. Existing today is a substantial industrial park along Hwy 97 on<br />
both sides <strong>of</strong> the highway and parallel to the railroad. The forecast growth in these<br />
businesses will provide many more jobs to the region and contribute to the local<br />
economy. The growth is forecast to the north along this corridor into the south end <strong>of</strong><br />
,<br />
the Spallumcheen municipality which also has a large and varied industrial community.<br />
In being proactive, the RONO Protective Services Manager, Ron Baker and BXSLFR<br />
Fire Chief Bill Wacey, have requisitioned this report to <strong>of</strong>fer independent third party<br />
advice on the future needs <strong>of</strong> the BXSLFR and the community it provides fire and<br />
rescue services for. This report provides detailed information on the needs <strong>of</strong> BXSLFR<br />
with respect to the current fire hall and makes other recommendations on how the<br />
service can be improved thereby complimenting the RGS and the specific needs <strong>of</strong> the<br />
BXSLFR service area.<br />
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The existing BXSLFR fire hall should be maintained and consideration given to<br />
acquiring a new aerial ladder truck that could be situated there to serve BXSLFR,<br />
SSVFO and the <strong>North</strong> <strong>Okanagan</strong> region.<br />
Over the next 10 years consideration should be given by the RONO to transition to a<br />
composite -fire service delivery model with some career staff and paid on call staff to<br />
ensure a timely response with sufficient personnel to mitigate most incidents. This<br />
transition may start with a full time paid Fire Chief with the primary job pr<strong>of</strong>ile<br />
responsibility as a department manager providing oversight to a department with<br />
several million dollars <strong>of</strong> assets. Along with operational and administrative duties, this<br />
person would be responsible for long range plan development, advising RONO<br />
administration and elected <strong>of</strong>ficials <strong>of</strong> the needs <strong>of</strong> the fire service and ensuring its<br />
ability to provide service that is well managed.<br />
A fire department does not exist for what it does. It exists for what it may have to<br />
do.<br />
1.1 Summary <strong>of</strong> Recommendations<br />
5.0.1 RECOMMENDATION:<br />
It is recommended that planning at the regional level be initiated to add a new fire<br />
hall in the Swan Lake Corridor with a Type 1 engine and rescue truck for<br />
apparatus within the next 5 years.<br />
5.0.2 RECOMMENDATION:<br />
It is recommended that an additional Type 1 engine with pumping capacity <strong>of</strong><br />
6000Llmin be added to the fleet if a new fire hall is built.<br />
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5.0.3 RECOMMENDATION:<br />
It is recommended that a 75' aerial ladder or Quint 1 be acq uired for the<br />
BXSLFRlSSVFD with a minimum 6000 Llmin fire pump as a replacement for<br />
Engine 61.<br />
2.0 Introduction<br />
2.1 Project Scope<br />
1. To review the current station size, layout functionality, location and recommend<br />
improvements for effective resource allocations and improved efficiencies.<br />
2. To evaluate response times to all points in the fire protection area.<br />
3. To evaluate demographics, future growth, and their anticipated impact to Fire<br />
Department operations and delivery <strong>of</strong> service over the next 20 years.<br />
4. To forecast Fire Department operational requirements over the next 20 years.<br />
5. To evaluate the impact <strong>of</strong> proposed locations on insurance industry grading.<br />
6. To provide recommendations, financial implications and an implementation plan<br />
(including a detailed timetable).<br />
7. To explore the potential for shared resources with neighboring jurisdictions.<br />
2.2 Disclaimer<br />
This report is being submitted for your review and consideration. FireWise Consulting<br />
Ltd. (FWC) makes no representation or warranty to the Recipient with respect to the<br />
information and shall not be liable for any errors or omissions in the information or the<br />
use there<strong>of</strong>.<br />
2.3 Background<br />
The BXSLFR has outgrown the existing fire hall and discussions have been underway<br />
to determine whether to renovate, rebuild or to construct a new or a second facility to<br />
better accommodate the department and explore ways to make it more efficient. The<br />
1 A quintuple combination pumper or quint is a fire service apparatus that serves the dual purpose <strong>of</strong> an engine and a ladder<br />
truck. The name quint is derived from the Latin prefix quinque, meaning five, and refers to the five functions that a quint provides:<br />
pump, water tank,fire hose, aerial device, and ground ladders.<br />
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desire to improve fire service delivery and to provide a sustainable fire service that will<br />
meet the needs <strong>of</strong> the whole community are goals that can be attained through proper<br />
planning in concert with the RGS and Official Community Plan.<br />
This purpose <strong>of</strong> this Fire Hall location and facilities study is to review the present Fire<br />
Hall location and facilities and determine the future requirements as they relate to<br />
predicted growth. The result <strong>of</strong> the Study should be the identification <strong>of</strong><br />
recommendations that, when implemented, will result in improved service delivery,<br />
operational and cost effectiveness now and into the future.<br />
3.0 Methodology<br />
3.1 Meetings<br />
An initial meeting with RDNO Protective Services Manager, Ron Baker, BXSLFR Fire<br />
Chief, Bill Wacey and the consultants took place immediately after the engagement was<br />
undertaken. This meeting was to confirm the scope <strong>of</strong> the project, to receive pertinent<br />
documents and to discuss what other documents that was available for review.<br />
Meetings with other regional Fire Chiefs also took place. They were City <strong>of</strong> Vernon Fire<br />
Chief Keith Green, <strong>District</strong> <strong>of</strong> Coldstream Fire Chief Dave Sturgeon,and Township <strong>of</strong><br />
Spallumcheen and Town <strong>of</strong> Armstrong Fire Chief Ian Cummings. They confirmed their<br />
commitment to the RGS. A general discussion ensued on how to improve fire service<br />
delivery in the region through automatic aid, enhanced training and to identify issues <strong>of</strong><br />
common concern.<br />
Other discussions took place with the RONO Area Director "e"'" Mike McNabb and<br />
Township <strong>of</strong> Spallumcheen CAO Lynda Shykora to hear their comments on the fire<br />
service in general and to confirm their commitment to the RGS.<br />
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3.2 Document Review<br />
Relevant documents from BXSLFR and the RONO were requested for analysis. These<br />
included firefighter membership rosters, equipment specifications, and travel and time<br />
analysis to various locations in the region, fire hydrant maps, water system capacity,<br />
and vital statistics <strong>of</strong> the RONO. Of particular interest was the RGS wherein all regional<br />
local governments, their staff and the public at large had opportunity to contribute.<br />
In part, the RGS Vision statement reads that the "'<strong>Regional</strong> Board will strive to conserve<br />
and enhance the very reasons that make the <strong>North</strong> <strong>Okanagan</strong> so attractive by ensuring:<br />
• Inclusive, accountable and effective governance based upon a foundation <strong>of</strong><br />
regional cooperation.1J<br />
The RGS became one <strong>of</strong> the most critical reference documents for this study because<br />
<strong>of</strong> the strategic goals it set out and the importance the delivery <strong>of</strong> emergency services<br />
will be in attaining this vision for the future. The recommendations contained in this<br />
report compliment the RGS strategy but <strong>of</strong>fer important suggestions for other<br />
improvements or services directly or indirectly related to fire service delivery that will<br />
need to be part <strong>of</strong> an overall plan to create a sustainable community in which to live and<br />
work.<br />
FWC also referenced NFPA standards 1720, 1221, 1142, Fire Underwriters Survey,<br />
WorkSafeBC Regulation, Fire Services Act, and other unspecified documents supplied<br />
by the RONO and other sources.<br />
The northern portion <strong>of</strong> the BXSLFR response area along the east side <strong>of</strong> Swan Lake is<br />
designated within the RDNO's "<strong>Regional</strong> Growth Strategy" as a "Growth Area". It is a<br />
goal <strong>of</strong> the communities in the <strong>North</strong> <strong>Okanagan</strong> to concentrate future growth within<br />
these designated areas.<br />
Several stated goals within the RGS directly or indirectly affect the delivery <strong>of</strong> fire<br />
services to this area. Within the policy area <strong>of</strong> "Urban Containment and Rural<br />
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Protection" the first goal is to "Focus Development into Growth Areas". Specifically. the<br />
strategy calls for:<br />
Goal UC-1.1: " areas designated as Growth Areas are to be fully serviced with<br />
community water and sewer systems and can accommodate a broad range <strong>of</strong><br />
urban land uses at urban densities";<br />
Goal UC-1.2.1: "Infrastructure is developed in a way that makes efficient use <strong>of</strong><br />
existing and future public infrastructure investments";<br />
Goal UC- .9: " ... The development <strong>of</strong> Future Growth Areas will be based on<br />
Official Community Plan policies and is contingent on the provision <strong>of</strong> water,<br />
sewer and appropriate civil services, such as emergency response, as well as<br />
the identification <strong>of</strong> suitable and sustainable water sources that are adequate for<br />
the level <strong>of</strong> planned development ..."<br />
3.3 Site Visits<br />
Four site visits were made to the Greater Vernon area for the meetings with the area<br />
Fire Chiefs, RONO staff and to tour the area to gather information. A cursory fire risk<br />
analysis was done <strong>of</strong> the area which included gathering information on access routes,<br />
the type, size and location <strong>of</strong> major businesses, and available firefighting water supply<br />
and fire hydrant locations.<br />
Area roads were travelled to determine access routes onto Hwy 97 from the existing<br />
BXSLFR fire hall and proposed new fire hall locations. Special attention was paid to<br />
several industrial sites for the purposes <strong>of</strong> determining required fire flows and fire<br />
hydrant locations to assess the capacity <strong>of</strong> BXSLFR and the RONO water system, so<br />
that relevant recommendations could be made.<br />
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3.4 Draft Report<br />
A draft report was prepared for the RONO for discussion purposes and a final report<br />
prepared for presentation to the RONO.<br />
4.0 Growth Areas<br />
The growth areas identified in the RGS that directly impact BXSLFR in Electoral Area<br />
"B" have been identified as along the east side <strong>of</strong> Swan Lake and into the Township <strong>of</strong><br />
Spallumcheen on the east side <strong>of</strong> Hwy 97 A.<br />
The goals in the RGS have overlapping objectives. Goal EO-1 is to: "Promote a<br />
regional approach to economic developmenfJ. This goal overlaps with several others<br />
one <strong>of</strong> which is Goal GS-2 to: "'Pursue efficient, effective and fiscally responsible service<br />
delivery".<br />
The RGS goal <strong>of</strong> having "the communities <strong>of</strong> the <strong>North</strong> <strong>Okanagan</strong> agree to work as<br />
partners and individually to realize the goals <strong>of</strong> the RGS" is a noble undertaking. There<br />
are opportunities for the local and regional governments to work together to provide an<br />
enhanced fire/rescue service and the supporting infrastructure in the identified growth<br />
area.<br />
Many <strong>of</strong> the region's major employers are situated in the growth area. More industry<br />
will undoubtedly locate there because <strong>of</strong> the existing industries, expanding<br />
transportation infrastructure, available workforce and the established communities. A<br />
well equipped and managed fire department can be a model <strong>of</strong> how a region<br />
demonstrates its commitment to the residents and to industry with the local government<br />
helping to protect their investment and by providing a timely and effective response for<br />
any life threatening or economic emergency that may occur due to fire.<br />
Our observations have concluded that the RONO and the Township <strong>of</strong> Spallumcheen<br />
both need to enhance their existing level <strong>of</strong> fire protection to their communities. A<br />
shared resource in the north BXSLFR response area would provide beUer fire protection<br />
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to the south end <strong>of</strong> the Township <strong>of</strong> Spallumcheen where growth in industry and<br />
housing is expected. All <strong>of</strong> the objectives <strong>of</strong> RGS Goal GS-2 and the sub Goals GS-2.1<br />
to 2.4 can be applied to enhancing the fire service for both communities <strong>of</strong> the region.<br />
Some automatic aid agreements between BXSLFR and the Armstrong Spallumcheen<br />
fire department are under review and may be used as a model <strong>of</strong> regional cooperation<br />
going forward. Economies <strong>of</strong> scale will be realized if a shared resource is created thus<br />
benefiting the region.<br />
4.1 Future Needs Forecast<br />
A report to the RONO by the <strong>Regional</strong> Growth Management Advisory Committee was<br />
received by the RONO board April 28, 2010. In this report Population and Housing<br />
Trends Forecasts were forecasted out to the year 2031 and were based on the<br />
assumption that'" The <strong>North</strong> <strong>Okanagan</strong> will continue to be an attractive place to live and<br />
work and that the Region will continue to experience /ong-term-eoonDmic viability'~<br />
The forecasts have identified the growth area to be in the City <strong>of</strong> Vernon at 1.45%<br />
(mainly through increased density), the ~istrict <strong>of</strong> Coldstream at 1.26%, RONO Electoral<br />
Area '"e" at 0.77%, and Sectoral Area "8" at 0.25%.<br />
The report has projected that the growth will be characterized by discernable changes in<br />
the composition <strong>of</strong> the population. The greatest increase will be seen in the 65-plus<br />
population which will grow at an annual rate <strong>of</strong> 2.7% so that in 2031 one third <strong>of</strong> the<br />
area population will be over the age <strong>of</strong> 65. As noted in table A2 on page 54 <strong>of</strong> the RGS<br />
report, this aging population trend should peak in 2026 and then start to decline.<br />
Another interesting statement in this report is that; "'The <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong><br />
<strong>Okanagan</strong> will face significant challenges over the next 25 years, as the number <strong>of</strong><br />
seniors continues to increase dramatically. Growth in the older age groups <strong>of</strong> the <strong>North</strong><br />
<strong>Okanagan</strong> population is projected to continue increasing considerably faster than for the<br />
rest <strong>of</strong> the province as a whole, as the <strong>Okanagan</strong> remains a preferred retirement<br />
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relocation centre for Seniors from Canada and the US and as the local "Baby Boom"<br />
population ages".<br />
The need for emergency services will also rise particularly for medical issues coinciding<br />
with the aging population. Currently BXSLFR is not a designated First Medical<br />
Responder agency but it will provide assistance to BCAS under special circumstances.<br />
Pre-hospital care is the responsibility <strong>of</strong> the Provincial Government and is delivered<br />
through the British Columbia Ambulance Serice (BCAS). The BCAS budget rose 75%<br />
between the years 2002 to 2010, from $181 million to $310 million. 2 There is concern<br />
that the ambulance service in its existing service delivery model is unsustainable. As<br />
the population ages and requires more medical services it is anticipated that the<br />
ambulance service will <strong>of</strong>ten be overwhelmed with calls for service as is the current<br />
reality.<br />
Taxpayers do not understand the subtleties <strong>of</strong> whose responsibility or whose budget is<br />
affected when they need assistance. In their mind, there is only one taxpayer and they<br />
expect that when a call for assistance is made to 9-1-1 help will be arriving in a timely<br />
fashion.<br />
Several goals <strong>of</strong> the RGS could be applied to<br />
an enhanced level <strong>of</strong> service delivered by<br />
BXSLFR in the form <strong>of</strong> a first medical<br />
response to the residents and visitors to the<br />
region. Recent changes to the auto<br />
extrication response matrix will also mean<br />
that BXSLFR will be responding to more <strong>of</strong><br />
these types <strong>of</strong> incidents.<br />
2 Policy Monitor.ca/health-care/bc-ambulance-consultation/<br />
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The key components to an effective fire service are, staffing levels commensurate to the<br />
size and type <strong>of</strong> incident, adequate equipment and facilities, training and a reliable<br />
water source. The public has expectations that the fire department has identified the<br />
risks in their community that have the potential to be a threat to their personal safety.<br />
They also assume and <strong>of</strong>ten take for granted that the fire department has equipped and<br />
trained itself to protect or save them from these risks when an emergency incident<br />
occurs. It takes proper planning on the part <strong>of</strong> all stakeholders to ensure the emergency<br />
services have kept pace with the rate <strong>of</strong> development. Forecasting future operational<br />
requirements is part <strong>of</strong> the process and fire department master plans and then strategic<br />
plans would be an aid to the RONO administration and elected <strong>of</strong>ficials to ensure that<br />
the fire service is able to meet the public expectations.<br />
5.0 Fire Hall Location Type, Equipment and Capacity<br />
5.1 Existing BXSLFR Fire Hall<br />
The BXSlFR fire halt was bui't in 1976. 1n 1994 an addition was made to the ongina'<br />
building to accommodate two more pieces <strong>of</strong> fire apparatus. In 1995 there was another<br />
small addition added to provide more storage space. The building is concrete block on<br />
a slab with a basement area under the <strong>of</strong>fice area/meeting room area which is used as<br />
a lounge area for the firefighters. There is very little <strong>of</strong>fice space in the fire hall and the<br />
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meeting/training room ;s sma" and<br />
inefficient. The apparatus bays are two wide but long enough to accommodate 3 trucks<br />
in each bay. This means that the less frequently used vehicles are parked in the middle<br />
<strong>of</strong> the long bays and the most frequently used<br />
vehicles are parked facing the overhead doors.<br />
The fire hall is on an adequate lot for the size<br />
<strong>of</strong> the building and there is sufficient parking<br />
for the firefighters. The parking lot is also used<br />
to do some training such as auto extrication.<br />
To the west <strong>of</strong> the fire hall is a community park<br />
which is enjoyed by the whole community. It<br />
would appear there is little chance <strong>of</strong> any more<br />
land adjacent to the fire hall that could be annexed and used to expand the present<br />
facility even more.<br />
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Although the BXSLFR has outgrown the existing facility, it still can be a very functional<br />
fire hall. It is in a populated area where the paid on call firefighters reside making the<br />
firefighter response time to the fire hall shorter for both fires and other types <strong>of</strong><br />
emergency. It is also located on Silver Star Road which is a major regional traffic<br />
corridor to the populated areas further along proceeding up to Silver Star Mountain.<br />
There are other "'feeder" roads that lead <strong>of</strong>f to the west and east <strong>of</strong> Silver Star Road that<br />
make the location <strong>of</strong> the existing BXSLFR fire hall central to the most populated<br />
neighborhoods <strong>of</strong> the BXSLFR response area at this time.<br />
The eXisting fire hall is both well built and maintained. The continued use <strong>of</strong> the existing<br />
fire hall is complimentary to the RGS Goal UC-1.2 but it has inadequate space for<br />
<strong>of</strong>fices, meeting area, air fill station and storage. Additionally, its location exceeds a<br />
5km travel distance to many commercial properties and 8 kilometers travel distance to a<br />
number <strong>of</strong> residential properties within the fire protection area. These represent the<br />
maximum travel distances recommended by Fire Underwriters Survey (FUS). (See<br />
Appendix "'A")<br />
An inefficiency that is identified in the existing fire hall is that the apparatus bays are not<br />
very wide.<br />
The department has done a good job <strong>of</strong> making use <strong>of</strong> every inch <strong>of</strong> available space in<br />
the apparatus bays for setting up<br />
or storing essential equipment<br />
required for maintenance. It is a<br />
safety concern when fire fighters<br />
rush into the fire hall to get<br />
dressed in their turn out gear that<br />
is situated in close proximity to a<br />
large truck that may be leaving the<br />
building. With all the extra<br />
equipment stored beside the large<br />
fire apparatus, it makes it difficult<br />
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for personnel to walk by or carry<br />
equipment past a truck with the<br />
compartment doo rs open. The west<br />
wall <strong>of</strong> the apparatus bay is used as a<br />
workshop, SCBA filling and fire<br />
extinguisher refilling. This may not be<br />
the best arrangement as the chemicals<br />
used in refilling fire extinguishers are in<br />
close proximity to where th~ breathing<br />
air bottles are filled. The potential to<br />
have the powdered chemical residue<br />
and dust enter into the fill whips and air<br />
bottles valves is an Occupational Health & Safety concern.<br />
It is also inefficient to have the fire apparatus<br />
parked three deep in a fire hall that is 2 bays wide.<br />
The recent acquisition <strong>of</strong> a larger rescue truck has<br />
demonstrated that as new equipment is<br />
purchased the overall length will be an important<br />
consideration to ensure any new apparatus will fit<br />
in the fire hall.<br />
The lack <strong>of</strong> <strong>of</strong>fice space makes it difficult for Fire<br />
Chief Wacey to have a quiet, secure space to<br />
work. The current shared <strong>of</strong>fice is not efficient<br />
since essentially all the <strong>of</strong>fice equipment such as<br />
copier, fax machine, and computer is also located<br />
in this <strong>of</strong>fice. There is a lack <strong>of</strong> space for secure document storage that may contain<br />
sensitive information.<br />
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The main floor social room also serves as a training room and meeting room. Due to its<br />
size it barely meets the needs <strong>of</strong> the department as either a training room or meeting<br />
room. The room setup must be re-configured for the next intended use which limits its<br />
use for training courses that may<br />
last more than one day.<br />
The existing fire hall does not lend<br />
itself well to being used as an<br />
operational level central command<br />
centre if a major regional incident<br />
were to occur due to. its size and<br />
interior arrangement.<br />
It does have shower facilities for<br />
fire fighters but the shower<br />
facilities are relatively small.<br />
There is laundry equipment for cleaning dirty or contaminated turn out gear but it is<br />
located in the main part <strong>of</strong> the fire hall in the same general area as the washroom<br />
facilities. The laundry equipment may be good but it is not industrial quality. Gear that<br />
is contaminated from the smoke <strong>of</strong> a fire, hazardous materials, body fluids or from other<br />
sources should be kept out and away from personal areas <strong>of</strong> the fire hall to avoid cross<br />
contamination <strong>of</strong> personal clothes or the common staff and social areas <strong>of</strong> the fire hall.<br />
Despite its current inefficiencies, if properly renovated the current fire hall, due to its<br />
proximity to much <strong>of</strong> the development, work locations, and residences <strong>of</strong> many <strong>of</strong> its<br />
paid on call firefighters, will remain a valuable asset. Alternately, a second fire hall to<br />
service the Swan Lake Corridor could be considered as a regional solution to the<br />
identified service gap.<br />
Our observations <strong>of</strong> the existing building conclude that it will be disruptive. However, a<br />
certain level <strong>of</strong> disruption is unavoidable if any type <strong>of</strong> renovation is to be undertaken on<br />
this building. A well staged and executed renovation will help to minimize adverse<br />
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impacts on the operation that will occur. Alternatively, if a new well designed BXSLFR<br />
fire hall were to be built with consideration given to the space required for meeting<br />
rooms, <strong>of</strong>fices, clean rooms for SCBA filling and servicing, fire extinguisher refilling, a<br />
designated workshop etc, the existing fire hall could continue to serve the community<br />
well as secondary facility.<br />
5.2 New Fire Hall Location<br />
Along the Swan Lake/Hwy 97 Corridor north <strong>of</strong><br />
Vernon there are numerous businesses that<br />
provide employment to many thus creating<br />
considerable economic benefit to the region.<br />
The businesses are comprised <strong>of</strong> auto, truck<br />
and farm equipment dealerships, and repair<br />
facilities. There are also nurseries, farm supply<br />
stores, large fruit and vegetable markets,<br />
recreational vehicle and boat dealerships, and<br />
storage and repair facilities. A card lock fuel facility, large water slide complex and<br />
other seasonal businesses line Hwy 97. Midway along Hwy 97 there is a commercial<br />
vehicle weigh station where commercial trucks heading in either direction along the<br />
route must stop to be weighed and<br />
occasionally inspected. Other<br />
businesses include heavy<br />
manufacturing companies that fabricate<br />
large industrial machinery and<br />
components, a furniture manufacturing<br />
plant and specialty vehicle and marine<br />
repair facilities.<br />
An historical call review reveals that<br />
there have not been many<br />
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emergency/fire events <strong>of</strong> major significance in the industrial area. However, a 2010 fire<br />
at the Armstrong Tolko mill site proved how one major fire could overwhelm regional<br />
resources. During our tour <strong>of</strong> the area it was realized that due to the nature <strong>of</strong> some <strong>of</strong><br />
the businesses, the processes they use in their facilities, and the size <strong>of</strong> the complexes,<br />
there is considerable risk for a major fire.<br />
Running parallel to Hwy 97 is the active Kelowna Pacific Railway (KPR). The<br />
commodities this short line railway carries are forest products, grain and industrial<br />
products such as propane. It transports<br />
16,000 carloads per year on 104 miles<br />
<strong>of</strong> track, connecting with the CN rail line<br />
in Kamloops. The KPR has a good<br />
safety record but the potential for a<br />
railroad accident is an identified risk.<br />
Based on our review <strong>of</strong> incident history,<br />
risk analysis, travel distance and time<br />
factors, and the existing BXSLFR fire hall location and equipment, we have concluded<br />
that a new minimum 2 bay fire hall should be located in the Swan Lake Corridor. This<br />
fire hall should have a Type 1 fire engine with a minimum <strong>of</strong> a 6,000 litres per minute<br />
(1250 gallon) fire pump and ancillary equipment. The second apparatus could be a<br />
multi-purpose rescue truck with auto extrication equipment, and other specialized<br />
rescue and first aid equipment such as heavy lift air bags, an automatic external<br />
defibrillator, etc.<br />
5.0.1 RECOMMENDATION:<br />
It is recommended that planning at the regional level be initiated to add a new fire<br />
hall in the Swan Lake Corridor with a Type 1 engine and rescue truck for<br />
apparatus within the next 5 years.<br />
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The timeline for this added regional capacity realistically could be within the next 5<br />
years. If it is the wishes <strong>of</strong> the RDNO Board and other municipalities to act on this<br />
recommendation, then the lengthy process could start immediately according to the<br />
protocol and in compliance with legislated requirements the RDNO is obliged to meet.<br />
5.3 New Fire Hall Information<br />
The functional worth <strong>of</strong> a fire station is established in the planning stages. In these days<br />
<strong>of</strong> high construction costs the expenditure <strong>of</strong> public funds must be carefully considered<br />
to avoid serious and costly mistakes.<br />
The area to be protected is a determining factor in planning the location, type and size<br />
<strong>of</strong> the station whether it is residential, urban, suburban, rural, mercantile or industrial,<br />
congested, high hazard, open, zoned, or unrestricted.<br />
The proximity <strong>of</strong> schools, hospitals, theatres or other places <strong>of</strong> public assembly; also the<br />
geographical and topographical relationship to other stations if any; and the existence <strong>of</strong><br />
permanent traffic obstructions such as rail road tracks must all be taken into account.<br />
Other fundamental considerations include the number and types <strong>of</strong> apparatus to be<br />
quartered and whether or not a chief <strong>of</strong>ficer or <strong>of</strong>ficers will be headquartered there as<br />
well.<br />
Fire stations should not be located on heavily travelled roads or one-way streets. The<br />
street should be <strong>of</strong> good width, perhaps a secondary arterial which could provide a clear<br />
fire lane across the protection area. There should be a minimum <strong>of</strong> traffic congestion in<br />
the area.<br />
The site should be level, never on a hill side. When possible, one or more rear doors<br />
could provide for a drive through capability for the apparatus.<br />
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The problem <strong>of</strong> locating a fire station<br />
has probably caused more debate than<br />
. anything else affecting the fire service.<br />
Fire Chiefs who encounter the<br />
opposition <strong>of</strong> taxpayers, real estate and<br />
other groups in selecting a fire station<br />
site in a residential area should be able<br />
to prove that locating a modern fire<br />
station in any residential area does not<br />
decrease property values, but rather<br />
tends to increase them because emergency services are close at hand.<br />
The apparatus floor area is the heart <strong>of</strong> every fire station. The location, size, shape,<br />
layout and provision for easy and quick access from all areas are one <strong>of</strong> the factors that<br />
establish good functional design.<br />
In determining the size and layout <strong>of</strong> the station, the planning committee must consider<br />
both the immediate and the future needs <strong>of</strong> the firefighters occupying the station.<br />
Apparatus room doors should be at least 3.6 m<br />
(12 ft.) wide and 4.3 m (14 ft.) high, and when<br />
possible each piece <strong>of</strong> apparatus should have<br />
direct access to the street. Single truck stations<br />
should be at least 7.5 m (25 ft.) wide whereas<br />
multi truck stations require a minimum width <strong>of</strong> 6<br />
m (20 ft.) per truck.<br />
Depth is dependent upon the number <strong>of</strong> pieces <strong>of</strong><br />
apparatus to be housed. Ample space must be provided at the front, sides and rear <strong>of</strong><br />
apparatus to permit routine maintenance, access to tools and equipment, ease <strong>of</strong><br />
response and repacking ·<strong>of</strong> hose.<br />
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Apparatus room floors should be <strong>of</strong> concrete slab construction with care taken to avoid<br />
a slick finish. The floor should be pitched for adequate drainage, but not so steeply that<br />
the apparatus will roll toward the doors when the brakes are <strong>of</strong>f.<br />
Suggested ceiling height for the room is 5 m (16 ft.). Overhead, counterbalanced,<br />
electrically operated doors with controls either at the alarm room or apparatus room are<br />
recommended, however, provision should be made for manual operation in case <strong>of</strong><br />
power fail ure.<br />
Other equipment in the apparatus room should include a battery charger, water taps,<br />
cleanup tools and maintenance equipment, work bench with hand tools, air compressor<br />
and vice.<br />
Electric or gas fired hose drying equipment is now available which can effectively<br />
replace the hose tower <strong>of</strong> days gone by. Several <strong>of</strong> the advantages <strong>of</strong> this modern<br />
equipment include reduced construction costs and energy efficiency. Fire hose washing<br />
machines along with dryers and storage racks properly belong in the apparatus area<br />
unless a special hose-servicing room is provided. The mobile type <strong>of</strong> hose rack,<br />
equipped with locking casters and a rotating table for reloading apparatus, is very<br />
popular and <strong>of</strong>fers several advantages over the old type racks which were made <strong>of</strong> pipe<br />
and wood.<br />
The Alarm Room/Office is the nerve center <strong>of</strong> the station, where supervision is<br />
maintained over all communications. The old time watch desk, formerly located on the<br />
apparatus floor, has given way to a separate room where all alarm communications and<br />
controls are centered.<br />
Tack boards, bulletins, radio consoles, chargers, telephones and all other related<br />
equipment should be arranged in a compact orderly manner and conveniently located.<br />
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A minimum <strong>of</strong> two showers, two water closets, two urinals and two wash basins should<br />
be provided for male personnel and the appropriate equivalent for female personnel.<br />
The electrical system should have plenty <strong>of</strong> service outlets for cooking, air conditioning,<br />
radio, television, battery chargers, electric portable tools, projection and sound<br />
equipment, and breathing air compressor, to name a few. Fluorescent lighting fixtures<br />
are recommended in all areas, with the possible exceptions <strong>of</strong> closets, storage rooms,<br />
and basements. Exterior flood lights are advisable for drives and parking areas. Ample<br />
windows, providing plenty <strong>of</strong> daylight, ease the demand on lighting circuits.<br />
It is preferable to have a clean, sound pro<strong>of</strong> room dedicated to a self-contained<br />
breathing apparatus air filling station incorporated into the design. The compressor and<br />
cascade air bank should be located for easy access. All breathing air must comply with<br />
WorkSafe Be Regulation 8.37, Respirable Air Quality.<br />
A well-equipped lecture and reading room with good chairs, convenient tables,<br />
television, and media players should be provided. Also a library with training manuals,<br />
fire related books and subscriptions to leading Fire Trade periodicals is an asset. An<br />
internet connection is also essential for accessing information and training materials.<br />
While the requirements considered above are common to both volunteer and paid<br />
departments,there are some differences in station design. The volunteer station may<br />
be used for other functions and will be equipped with a kitchen and large meeting room.<br />
The meeting room could be divided into smaller rooms as required by means <strong>of</strong> folding<br />
partitions.<br />
A separate entrance to these facilities will help alleviate traffic through the fire station.<br />
The fire protection needs <strong>of</strong> jurisdictions are always changing and a fire station which is<br />
adequate today may require extensive expansion or modification in just a few years. It<br />
is necessary for local fire stations to be designed and constructed to accommodate<br />
anticipated changes to their staff, equipment and services. Only when they have been<br />
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designed for flexibility and adaptability to change can these essential facilities expand<br />
and adjust to meet new demands with the cost effective alterations.<br />
In areas <strong>of</strong> the province where power outages are frequent, standby generators are also<br />
installed at fire stations so the fire department can still function in a safe manner<br />
especially during an emergency situation.<br />
There are many fire stations located within each region <strong>of</strong> the province. Fire<br />
departments that are contemplating a new station should look at existing fire stations.<br />
Other fire departments will be more than willing to discuss the pros and cons <strong>of</strong> their<br />
own fire halls.<br />
5.4 Fire Hall Cost<br />
There are many different styles and methods <strong>of</strong> construction to consider when<br />
constructing a new fire hall, each with their own advantages/disadvantages in terms <strong>of</strong><br />
construction cost and operating and maintenance costs. There are pre-engineered<br />
steel buildings, pre-cast tilt up slab type buildings or pre-engineered wood frame<br />
buildings. Some types <strong>of</strong> building<br />
materials however may not be<br />
complementary to the Wood First Policy<br />
No FIN027 adopted in February <strong>of</strong> 2011<br />
by the RDNO Board.<br />
Our research has found that a<br />
pr<strong>of</strong>essionally managed project can cost<br />
between $250.00 and $300.00 per square foot. Within the RDNO, the <strong>District</strong> <strong>of</strong><br />
Coldstream has had recent experience with building two new fire stations in their<br />
community. Their experience should be solicited with respect to station design and<br />
cost. The Lavington Fire Hall is an example <strong>of</strong> a smaller fire hall with ample <strong>of</strong>fice<br />
space, a large training/meeting room and other features necessary in a fire hall.<br />
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5.5 BXSLFR Fire Apparatus Capacity<br />
BXSLFR currently has two pumpers.<br />
Engine 61 is a 1996 Type 1 fire engine with<br />
4800 Llmin fire pump and a 4550 liter water<br />
tank. Engine/Tender 65 is a 2006 Type 2 fire<br />
engine with a 4800 Llmin fire pump and 6825<br />
liter water tank with a three person cab. The<br />
total current BXSLFR pumping capacity is at<br />
9600 Llmin in these two units but<br />
Engine/Tender 65 is part <strong>of</strong> the water supply<br />
support system due to its tank size and other features and therefore may not be<br />
committed as an engine at a large structure fire. In light <strong>of</strong> this, at least one additional<br />
Type 1 engine will be required when the community risks are analyzed with respect to<br />
required pumping capacity.<br />
In 2016, Engine 61 will reach 20 years <strong>of</strong> age.<br />
ULC and FUS recommend replacement <strong>of</strong><br />
frontline apparatus at that time interval. As<br />
noted in another section <strong>of</strong> this report this<br />
apparatus should be an aerial device that can<br />
not only service the BXSLFR area but also<br />
SSVFD. It should have a 6000 Llmin (1250<br />
IGPM) fire pump with at least a 24 meter (75<br />
feet) ladder with a master stream capability.<br />
5.0.2 RECOMMENDATION:<br />
It is recommended that a new Type 1 engine with pumping capacity <strong>of</strong> 6000Llmin<br />
be added to the fleet if a new fire hall is built.<br />
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The cost for a replacement for Engine 61 with a custom chassis and 6 person cab, 6000<br />
Llmin pump similar to the existing unit would be approximately $500,000.00. If a new<br />
fire hall is being considered, then this engine would be in addition to the existing<br />
apparatus. If the new fire hall recommendation is rejected then the following<br />
recommendation to acquire a Quint would be the preferred replacement for Engine 61 .<br />
A Quint staged at BXSLFR could be a beneficial shared resource within the region<br />
particularly if BXSLFR and SSVFD were integrated as observed in other sections <strong>of</strong> this<br />
report. The integration <strong>of</strong> BXSLFR and SSVFD will require further study.<br />
5.0.3 RECOMMENDATION:<br />
It is recommended that a 75' aerial ladder or Quine be acquired for the<br />
BXSLFRlSSVFD fire department with a minimum 6000 Llmin fire pump as a<br />
replacement for Engine 61.<br />
A Quint is a versatile apparatus. If properly designed, a Quint will be able to access any<br />
property a full size Type I engine will. The ladder can be used for so many other things<br />
than just an elevated stream or for rescuing occupants trapped from upper floor<br />
windows. For example, ro<strong>of</strong> operations for chimney fires are much safer if for no other<br />
reason than the illumination that lights on the end <strong>of</strong> the elevated ladder can provide to<br />
light up the scene at night. Lightweight ro<strong>of</strong> trusses that are so common in modern<br />
construction have a well documented rapid fail rate when subjected to the heat from a<br />
fire. Ventilation tactics are much safer when performed by a ro<strong>of</strong> crew working on an<br />
extended aerial ladder.<br />
An elevated stream can also be an effective tactic for exposure protection or when used<br />
to hit a bush fire hard from above sweeping the fire back into the already burned area or<br />
from the flanks. Aerial ladders are useful devices in some situations such as an over<br />
the bank patient rescue because <strong>of</strong> their reach and lifting functions. The multiple<br />
3 A quintuple combination pumper or quint is a fire service apparatus that serves the dual purpose <strong>of</strong> an engine and a ladder<br />
truck. The name quint is derived from the Latin prefix quinque, meaning five, and refers to the five functions that a quint provides:<br />
pump, water tank, fire hose, aerial ~evice, and ground ladders.<br />
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functions <strong>of</strong> an aerial ladder in tactical operations are only limited by the intuition <strong>of</strong> the<br />
incident commander and fire ground crews.<br />
Within the fire service community there is much debate about fire apparatus. There are<br />
standards such as NFPA 1901 or ISO that apply to mandatory features and equipment.<br />
In reality there are very few identical fire engines. When it comes time to decide on<br />
which type is best, the Fire Chief or a truck committee usually make the final decision.<br />
If a community has an adequate firefighting water supply, with properly spaced fire<br />
hydrants, the amount <strong>of</strong> water an aerial ladder truck carries in its tank is not as much <strong>of</strong><br />
a concern, whereas the ability to access a building with close enough proximity to be<br />
effective at a working fire is more important. An extra 1000 litres <strong>of</strong> water on board<br />
makes little difference if the aerial device can't be situated close enough to the fire, due<br />
to the size <strong>of</strong> the truck.<br />
Points to be considered are that single axle aerial ladder trucks are much shorter in<br />
length than a larger tandem axle truck. Aluminum aerial ladders are lighter in weight<br />
and "Huck" bolted aluminum ladders employ aircraft technology making ladder<br />
maintenance and repair less expensive. Mid-mount aerial ladders are typically lower in<br />
height which translates into better handling characteristics. Mid-mount ladders typically<br />
are not as heavy due to less weight required in the torque box and the engine can be<br />
serviced without having to raise the ladder.<br />
The needs <strong>of</strong> the community along with access, clearance and weight issues all have to<br />
be factored into the purchase <strong>of</strong> a major piece <strong>of</strong> equipment such as an aerial ladder<br />
device. One example <strong>of</strong> the use <strong>of</strong> a Quint as a frontline fire apparatus is the Kelowna<br />
Fire Department (KFD). They have deployed Quints from two <strong>of</strong> the KFD fire halls with<br />
great success.<br />
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The cost <strong>of</strong> a 75' aerial ladder truck will depend on the equipment ordered with the unit<br />
but they typically cost between $600,000.00 and $800,000.00. Appendix "E" provides<br />
additional information on a 75' mid-mount aerial ladder truck.<br />
5.6 Response Time and Travel<br />
Response distance has historically been a determining factor rather than response time,<br />
due to the large number <strong>of</strong> unmanned fire halls. FUS has accepted travel distance as a<br />
determining factor for grade classifications. In reality, overall response time is a better<br />
measure for a responding fire department. Overall response time is an important<br />
consideration when a fire is in its incipient phase and small in size. In a paid on call<br />
staffing model like BXSLFR uses, response by the paid on call firefighters to the fire hall<br />
must be factored into the equation. The time it takes the paid on call firefighters to<br />
respond from home or work to the fire hall when a call for service has been received by<br />
the 911 dispatch centre and the appropriate fire department has been alerted, will add<br />
several minutes to the overall response time.<br />
Emergency incident dispatching for the RDNO including BXSLFR is contracted out to<br />
the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> Fraser Valley (RDFV) in Chilliwack. For the purposes <strong>of</strong> this<br />
report it is assumed that the dispatch RDFV centre meets an emergency call<br />
management and dispatch standard such as NFPA 1221 and that the standard <strong>of</strong><br />
service is acceptable to the RDNO board.<br />
Another standard to be considered is NFPA 1720: Standard for the Organization and<br />
Deployment <strong>of</strong> Fire Suppression Operations, Emergency Medical Operations and<br />
Special Operations to the Public by Volunteer Fire Departments. (See Appendix "B',<br />
An excerpt from NFPA 1720 is as follows:<br />
Purpose:<br />
• Specify the minimum criteria addressing the effectiveness and efficiency<br />
<strong>of</strong> the volunteer emergency response delivery in protecting the citizens in the<br />
jurisdiction<br />
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• This standard does not restrict any jurisdiction from exceeding these<br />
minimum requirements<br />
• Authority having jurisdiction (AHJ) shall determine if this standard is<br />
applicable to their fire department<br />
The RDNO administration and elected <strong>of</strong>ficials in consultation with the BXSLFR Fire<br />
Chief should review this standard to determine if all or part <strong>of</strong> this standard may apply.<br />
A new fire hall located in the recommended area would provide a shorter overall<br />
response time anywhere along the Hwy 97 corridor, Hwy 97 A, and over to the west side<br />
<strong>of</strong> Swan Lake and Old Kamloops Road and into<br />
the south end <strong>of</strong> the Township <strong>of</strong> Spallumcheen<br />
area. The new fire hall could potentially be<br />
staffed in the daytime with paid on call<br />
firefighters similar to the staffing model the<br />
BCAS 4 uses with its "Foxtrot' stations, where<br />
crews are paid a small wage to be on standby<br />
and within 90 seconds <strong>of</strong> the station. When a<br />
call is received, their rate <strong>of</strong> pay jumps and they<br />
receive a minimum 3 hour call out rate.<br />
A new fire hall with live in accommodations similar to the SSVFD fire hall could also be<br />
considered which may be converted to dormitories in a fully manned fire hall in the<br />
future. Other staffing examples <strong>of</strong> transitioning fire departments are Merritt Fire<br />
Department and Mission Fire Department who have been innovative in their staffing<br />
solutions.<br />
5.6.1 Travel Distances from Proposed New Hall Location<br />
Response travel distance and travel times were done to various points in the region<br />
from the proposed new fire hall location. These distance and travel times are estimated<br />
4 wikipedia.org/wiki/British_Columbia_Ambulance_Service<br />
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only and are computed with the travel time based on "routine" or non-emergency<br />
driving.<br />
The following calculations are based on a general fire hall location in the Swan Lake<br />
Corridor for the purpose <strong>of</strong> determining travel and time comparisons.<br />
Location: From existing fire hall From Irolosed new fire hall<br />
7235 Old Kamloops Road 10.4 KMS; 17 minutes 7.3 KMS; 11 minutes<br />
: 8140 Becketts Road 7.9 KMS; 13 minutes 4.2 KMS; 5 minutes<br />
: 8106 Highland Place 6.2 KMS; 10 minutes 2.1 KMS; 3 minutes<br />
Atlantis Water 5lides 8.8 KMS; 13 minutes II 2.3 KMS; 3 minutes<br />
; 159 Cranberry lane 10.6 KMS; 15 minutes 11 9.2 KMS; 17 minutes<br />
i Tolko Mill, Armstrong 14.1 KMS; 19 minutes 8.3 KMS; 8 minutes<br />
The travel times are the time from the fire hall to the incident location in an emergency<br />
response vehicle but in a non-emergency response or routine driving. Since it takes<br />
time for paid on call firefighters to respond from their residence or place <strong>of</strong> work, an<br />
additional 3-4 minutes could be added to the travel times making the overall response<br />
time greater. That is the reality <strong>of</strong> the paid on call or volunteer firefighting staffing<br />
model.<br />
Taking into consideration the changing demographics and who the typical volunteer<br />
firefighter is, the proposed location <strong>of</strong> a new fire hall in the Swan Lake Corridor appears<br />
to be in alignment with the forecast residential development for this area in the RGS.<br />
As neighborhoods mature, the population ages as well. New firefighters will be drawn<br />
from the newer residential developments which are <strong>of</strong>ten where young families tend to<br />
reside. The hope is that some will volunteer as firefighters and serve for many years.<br />
Response travel and distance times will always vary in a paid on call fire department<br />
due to the uncertainty <strong>of</strong> the availability <strong>of</strong> the firefighting force who must respond form<br />
home or work. This may also require further staffing model studies that look for<br />
innovative ways to ensure an adequate response especially during the daytime hours.<br />
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5.7 New Fire Hall Impact on Insurance Industry Grading<br />
The proposed new fire hall location is expected to have a positive impact on fire<br />
insurance premiums in the area. This is due to the more favorable travel distances FUS<br />
looks for as part <strong>of</strong> its grading criteria. Travel distance is an important criterion that FUS<br />
uses but it is only one <strong>of</strong> several benchmarks it applies when grading a fire<br />
department's ability to protect a community.<br />
It is also important to note though that insurance companies have different fire-loss<br />
experiences and underwriting guidelines which means there is no consistency in<br />
premiums to the consumer. FUS grading is one criterion an insurer will use to set policy<br />
rates in a community.<br />
6.0 Firefighting Water Supply<br />
With respect to the RGS goals as they relate to firefighting services, there is existing<br />
infrastructure as evidenced by the presence <strong>of</strong> fire hydrants located within the response<br />
area. Whether, for the purposes <strong>of</strong> firefighting, they are adequate in number, location,<br />
volume and/or pressure is beyond the scope <strong>of</strong> this project. We are not qualified to<br />
make such a determination but FWC can comment on firefighting water supply in a<br />
general way.<br />
Water supply is one <strong>of</strong> a number <strong>of</strong> important components <strong>of</strong> an overall fire protection<br />
system. In any assessment <strong>of</strong> a water supply system, the major emphasis is placed<br />
upon its ability to deliver adequate water to control major fires on a reliable basis via<br />
sufficient and suitable hydrants.<br />
With regard to water supply for firefighting purposes, our observations are that this may<br />
require further study by all stakeholders. Appendix ·'e'" provides some information on<br />
the water system in forecast growth area.<br />
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6.1 Alternative Water Supply<br />
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••<br />
The BXSLFR has adapted and equipped itself very well to deal with the lack <strong>of</strong> available<br />
water in much <strong>of</strong> its community. Other sources <strong>of</strong> water can be used as a water supply<br />
for firefighting purposes. One <strong>of</strong> these alternate sources could be Swan Lake.<br />
There are two lake points along the east side <strong>of</strong> Swan Lake where BXSLFR has access<br />
to the lake via boat launches. Many fire<br />
departments use access to a large body <strong>of</strong><br />
water such as this to set up a pumping<br />
relay. A large pump capacity engine is set<br />
up to draft at the lake and water for<br />
firefighting is pumped through large<br />
diameter hose to another engine at a<br />
location which can be a considerable<br />
distance away from the water source.<br />
Essentia'Iy the fire department is stretching and pumping water through an above<br />
ground water main.<br />
Other lake access locations should be sought<br />
for this purpose all around Swan Lake which<br />
BXSLFR could use as drafting locations.<br />
Another consideration could be the use <strong>of</strong> "'dry<br />
hydrants"'. Dry hydrants have been used<br />
successfully in other jurisdictions. A series <strong>of</strong><br />
dry hydrants pulling water from Swan Lake<br />
could be considered as part <strong>of</strong> a immediate<br />
short term water supply solution on the west side <strong>of</strong> Hwy 97 and possibly other locations<br />
in the community. Appendix "'0" provides more information about dry hydrants.<br />
I •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••<br />
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7.0 Staffing<br />
Fire departments are generally formed to create the ability and capacity to respond to,<br />
and mitigate, emergencies. As communities grow there is usually a corresponding<br />
increase in fire risk. At some point demands and/or expectations increase and<br />
communities must decide the model with which they wish to deliver the service. There<br />
is a wide spectrum <strong>of</strong> models from having no fire protection whatsoever to having an<br />
entirely full-time career staff. Most places are somewhere in between. As they grow,<br />
they may transition from a strictly 'volunteer' service to a "paid -on-call' service. Next<br />
steps may see a further change to a composite model with limited full-time staff<br />
augmented by paid-on-call members. At some point the fire risk situation may justify<br />
having more, or indeed exclusively, full-time career staff. Any decision regarding the<br />
desired fire service delivery model is entirely one for elected <strong>of</strong>ficials to make. There is<br />
no legislation requiring any community, incorporated or not, to have a fire department.<br />
BXSLFR is a 'paid-on-call' service consisting <strong>of</strong> a Chief, Deputy Chief, Assistant Chief<br />
(Training Officer), two Captains, two Lieutenants, and a number <strong>of</strong> firefighters. The<br />
current complement is 28 in total although they are authorized by the RONO to have 31<br />
members. The annual call volume for the BXSLFR has averaged 118 over the last<br />
three years.<br />
The current BXSLFR chief estimates he spends about 100 hours/month on fire<br />
department business. This is an experienced chief and the hours devoted to the fire<br />
department reflect his dedication and commitment to the operation, which is to be<br />
commended. With the assistance <strong>of</strong> RONO staff, Fire Chief Wacey manages a fire<br />
department that has several million dollars <strong>of</strong> assets on a part time and largely volunteer<br />
basis.<br />
The obvious vital function performed by the Fire Chief in a community <strong>of</strong> this size is to<br />
respond to, and assume command at incidents. However, the most time consuming<br />
activities performed by a Fire Chief are <strong>of</strong>ten away from the fire ground. These include<br />
managing ongoing firefighter training, along with the various necessary administrative<br />
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tasks such as purchasing vehicles and equipment, and ensuring compliance with<br />
policies, operating guidelines, and legislation. These are all tasks that must be<br />
performed regardless <strong>of</strong> call volume.<br />
The paid on call system <strong>of</strong> staffing the BXSLFR is working well and is the preferred way<br />
to provide fire protection services in a cost efficient way for the immediate future.<br />
BXSLFR is like most fire departments in <strong>North</strong> America that rely on paid on call or<br />
volunteers to deliver the service in that recruiting and retaining members is a universal<br />
concern. BXSLFR <strong>of</strong>fers a solid training program that is critical in retaining members.<br />
Firefighters need to be challenged with respect their personal growth and skill<br />
development. The training program is also essential to develop the skills required to<br />
mitigate dangerous and life threatening situations that are low in frequency but high in<br />
risk and consequences.<br />
A study done in 2007 by Caitlin Myers, Jeffery<br />
Carpenter <strong>of</strong> Middlebury College, Vermont and<br />
the Institute for the Study <strong>of</strong> Labor, IZA <strong>of</strong> Bonn,<br />
Germany determined by the evidence they<br />
gathered that people will volunteer as<br />
firefighters for three main reasons. They are,<br />
Altruism, Reputation and Incentives, in that<br />
order.5 Our experience would bear this out as<br />
well. In the application <strong>of</strong> Psychometrics 6 we<br />
have found that the main reason people want to<br />
be involved in any emergency service discipline<br />
is to simply help people. The Myers, Carpenter,<br />
lZA study concluded that "volunteer labor supply<br />
is determined more by tastes for prosocial<br />
5 Why Volunteer? Evidence on the Role <strong>of</strong> Altruism, Reputation and Incentives, lZA DIP No. 3021 Jeflfeiry Carpenter,<br />
Caitlin Knowles Myers, September 2007, Middlebury College, VT and IZA, Bonn, Germany<br />
6 Psychometrics is the field <strong>of</strong> study concerned with the theory and technique <strong>of</strong> psychological measurement, which includes the<br />
measurement <strong>of</strong> knowledge, abilities, attitudes, personality traits, and educational measurement, Psychometric Society, University<br />
<strong>of</strong> <strong>North</strong> Carolina-Greensboro, Greensboro, NC 27402-6170, USA<br />
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May 3, 2012 - Item D.2<br />
activities than by income and costs. In addition, government spending appears to at<br />
least partially crowd out volunteering, suggesting that volunteers care both about the<br />
level <strong>of</strong> provision <strong>of</strong> their product as well as about the act <strong>of</strong> giving itseW: In other words<br />
firefighters put a significant amount <strong>of</strong> importance on the quality <strong>of</strong> service they provide.<br />
The reputation firefighters enjoy in society is another reason that a person would want<br />
to be a firefighter. Firefighting will provide opportunities for a person to realize the<br />
"'idealized persona bias'" or through the training and operational responses they will start<br />
to become the person they would like to be.<br />
Incentives are not always monetary and are not usually a reason that a person will<br />
volunteer. Incentives in a volunteer or paid on call fire department can be trai ning<br />
opportunities where personal growth and job satisfaction are sought. Recognition is<br />
also a strong incentive where years <strong>of</strong> service, special awards and other personal goals<br />
are attained with respect to their individual effort.<br />
Most volunteer fire departments rely on their <strong>of</strong>ficers and members to do more than<br />
emergency responses and training. They expect members to be involved in new truck<br />
committees, equipment purchases, maintenance, truck checks, membership interviews,<br />
fire hall janitorial duties, and other team building or social events for example. If too<br />
much is demanded <strong>of</strong> the members beyond the critical training they burn out and tend to<br />
move on.<br />
As the RGS is realized, the transition to a composite fire department should be<br />
considered to build capacity. Incident probability modeling could be utilized to provide<br />
information on when and where a fire is most likely to occur which will be a useful tool in<br />
determining staff levels and deployment. This does not necessarily mean fully staffed<br />
fire halls 24/7. Many fire departments have transitioned from paid on call to a paid<br />
daytime crew <strong>of</strong> 3 or 4 firefighters and a Fire Chief Officer who is available during peak<br />
times. This transition could occur within the next 10 years if further study determines<br />
that is warranted.<br />
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A sample Fire Chief Pr<strong>of</strong>ile is attached as Appendix "G" for reference. A Job Pr<strong>of</strong>ile<br />
may be more appropriate, as a job description can be too prescriptive and in reality a<br />
Fire Chief <strong>of</strong> a paid on call or volunteer fire department will <strong>of</strong>ten be required to<br />
perform duties or functions beyond a prescriptive job description.<br />
8.0 Pre-Planning and Fire Prevention<br />
In consideration <strong>of</strong> the BXSLFR operational requirements over the next 20 years<br />
certain fire prevention functions cannot be overlooked or overstated with regards to<br />
their importance. Managing and understanding the level <strong>of</strong> risk throughout the<br />
community by having programs in place to reduce the frequency and severity <strong>of</strong> fire<br />
loss occurrences is an important benchmark <strong>of</strong> the FUS grading system.<br />
These types <strong>of</strong> activities allow a fire department to transition from being strictly<br />
'reactive' to becoming 'proactive' and may include fire safety inspections <strong>of</strong> public<br />
buildings, fire investigations, plans review, pre-planning (pre-fire plans provide<br />
valuable information to firefighters responding to properties with respect to access,<br />
water supply, known hazards, exposures, property contact information, and built-in fire<br />
protection systems), and public education. All <strong>of</strong> these activities help inform the fire<br />
deparbnenfs ability to respond to an emergency in a safe and efficient manner and<br />
are considered best practices within the fire service. The scope <strong>of</strong> these activities<br />
must, however, be matched to the available resources.<br />
One suggested component <strong>of</strong> a fire prevention program to consider for this response<br />
area would be the development <strong>of</strong> pre-fire plans. Pre-fire planning is a recognized<br />
best practice that will identify special hazards, determine access issues and water<br />
supply availability before an incident occurs. The obvious benefit is to understand the<br />
department's ability to respond to an emergency in a safe and efficient manner. It is<br />
also an excellent way to build rapport and 'sell' your department to the community.<br />
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There are over 100 'public' buildings within the BXSlFR response area, more than half<br />
<strong>of</strong> which are considered industrial. By the nature <strong>of</strong> their business these types <strong>of</strong><br />
occupancies <strong>of</strong>ten use, process, and/or store hazardous materials (e.g. flammable<br />
and/or combustible liquids). There are also several schools and care homes. A preplan<br />
program can prioritize and target those occupancies with known hazards and<br />
those with the potential to cause a large loss <strong>of</strong> life.<br />
It is too much to expect a part time person to have such a large management<br />
responsibility in addition to the operational expectations.<br />
The vital information required for a pre-plan is time consuming to compile and also,<br />
just as important, to maintain over time as buildings and/or their use changes. There<br />
are several computer based pre-fire plan programs available that can make this task<br />
easier. In our opinion, the benefits <strong>of</strong> having comprehensive pre-fire plans outweigh<br />
the time and labour involved in producing them.<br />
A consideration with respect to pre-fire plans may be to contract out their initial<br />
preparation. This is an excellent way to expedite their completion, and something<br />
other communities within the province have done. Not all <strong>of</strong> the approximately 108<br />
public buildings within the BXSLFR response area (more if Silver Star is included)<br />
would necessarily require the same level or degree <strong>of</strong> preplanning.<br />
With no competing demands for their time, given a template to work with and direction<br />
from the Fire Chief regarding priority and degree <strong>of</strong> complexity, it could be completed<br />
relatively quickly. It would then be incumbent upon the Fire Chief to ensure the plans<br />
remain current. As alluded to earlier, the ongoing maintenance <strong>of</strong> pre-plans is as<br />
important as their initial preparation. In the absence <strong>of</strong> an <strong>of</strong>ficial inspection program<br />
this presents an excellent opportunity to ensure the department can address the<br />
specific challenges it faces within their response area while at the same time providing<br />
fire safety knowledge and awareness to the community.<br />
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There are a significant number <strong>of</strong> properties to protect within the overall BXSLFR<br />
response area. In addition to private residential properties are approximately 108*<br />
properties dassified as 'public buildings' as defined by the provincial Fire Services<br />
Act (FSA). They represent all occupancy classes as categorized by the British<br />
Columbia Building Code and are shown in the table below: [*This is an approximate number<br />
only, based on 2008 information]<br />
...... ...... ,. ,.......<br />
,<br />
Inspection Category<br />
Group A - Assembly<br />
Description (examples)<br />
I Numbers (approx.)<br />
I<br />
Theatres, Churches, Halls, ! 16<br />
Schools, Night Clubs, Pubs, I<br />
Daycares, Restaurants, I<br />
Arenas !I<br />
Group B - Institutional NursinQ Homes, Hospitals I 4<br />
Group C - Residential Hotels, Motels, Apartments, I 5<br />
B & Bs<br />
Group D - Pr<strong>of</strong>essional Offices, Banks, 9<br />
Pr<strong>of</strong>essional Services<br />
Group E - Mercantile Retail Outlets 19<br />
Group F - Industrial Industry 55<br />
It is recognized that not all occupancy classes (or sub groups within an occupancy<br />
class) represent the same hazard risk. As in most cities, some sites will continually<br />
meet all <strong>of</strong> the specific B.C. Fire Code requirements, while others will continually<br />
have infractions.<br />
i<br />
i<br />
I<br />
I<br />
I<br />
I<br />
Until several years ago RDNO conducted fire inspections <strong>of</strong> public buildings but that<br />
service was discontinued when some participants withdrew and it was determined<br />
there was no regulatory requirement to continue.<br />
Under the FSA, only Municipal Councils are required to provide regular inspections<br />
<strong>of</strong> their public buildings (essentially all buildings other than private dwellings).<br />
Some <strong>Regional</strong> <strong>District</strong> Boards within the province see benefits to their citizens (and<br />
especially their fire departments) <strong>of</strong> having an inspection program and have either<br />
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contracted out this service or created policies giving their fire departments clear<br />
direction to conduct inspections.<br />
Local governments are expected to use their available resources effectively and<br />
efficiently to provide optimal fire safety for the community. Some municipal councils<br />
have established or amended fire bylaws granting authority to their respective fire<br />
departments to charge on a cost recovery basis for fire inspections and fire<br />
investigations?<br />
If it is indeed the desire <strong>of</strong> the elected <strong>of</strong>ficials not to conduct fire safety code<br />
inspections then that decision should also be included in a policy statement as a part <strong>of</strong><br />
a risk management strategy so that it is understood that the intent <strong>of</strong> pre-fire planning is<br />
to aid the departmenfs ability to respond to an emergency in a safe and efficient<br />
manner rather than to achieve fire code compliance.<br />
A huge benefit <strong>of</strong> pre-fire planning is that it has steadily improved firefighter safety,<br />
according to Wayne Senter, Chair <strong>of</strong> the International Association <strong>of</strong> Fire Chiefs (IAFC).<br />
'"What we see is that our death rate in firefighters is going down, " Senter said. "Probably<br />
the biggest thing that we're doing in the (fire safety) service to reduce firefighter deaths<br />
is fire prevention and pre-fire planning." Senter says formal pre-fire planning has been<br />
performed for more than 25 years, noting that the fire service industry has always done<br />
. walkthroughs <strong>of</strong> bUIldings, inspected construction and contents, access and the<br />
possibility <strong>of</strong> a col/apse".<br />
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9.0 Summary<br />
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••<br />
A fire department does not exist for what it does. It exists for what it may have<br />
to do.<br />
The <strong>North</strong> <strong>Okanagan</strong> is a desirable place to live and work. The region is blessed with<br />
such features as lakes, mountains,<br />
farmland, utility infrastructure,<br />
transportation options, and social<br />
amenities to support the residents and<br />
industry located there. The RDNO has<br />
commissioned studies that have<br />
attempted to forecast where the future<br />
growth will occur and is seeking<br />
cooperation through the small<br />
municipalities and electoral areas to<br />
ensure that the growth is managed and<br />
that the regional infrastructure can<br />
support the growth in a sustainable<br />
fashion through proper planning. The dominate study is the RGS which has as one <strong>of</strong><br />
its goals to have the Official Community Plans (OCP) <strong>of</strong> each municipality and<br />
Electoral Area consider the implications their respective OCP will have on the RGS.<br />
The RGS has identified a growth area to be along the east side <strong>of</strong> Swan Lake and<br />
Hwy 97 extending into the Township <strong>of</strong> Spallumcheen. The RGS has also established<br />
a goal <strong>of</strong> increased density in the developed areas to build capacity in the existing<br />
infrastructure. The RGS was passed as Bylaw in September <strong>of</strong> 2011 and is supported<br />
by all the municipal areas and the Electoral Area Directors <strong>of</strong> the RDNO. It states that<br />
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"'the <strong>Regional</strong> Growth Strategy is a commitment to fostering strong partnerships and<br />
provides opportunities for working together to fully realize what smart and sustainable<br />
growth can <strong>of</strong>fer' .<br />
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••<br />
In 2010 a RONO commissioned Fire Service report identified some fire protection<br />
issues in the north BXSLFR area. Specifically the report identified travel and time<br />
response issues to the north and west <strong>of</strong> BXSLFR response area. In the north area<br />
along Hwy 97 there is a substantial industrial presence. The businesses located there<br />
are part <strong>of</strong> the economic engine for the region. Further north in the Township <strong>of</strong><br />
Spallumcheen there are more large industrial complexes. The time and travel distance<br />
to the industrial complexes in the south Spallumcheen from the Armstrong<br />
Spallumcheen fire hall in the town <strong>of</strong> Armstrong would suggest that another fire station<br />
located in the south <strong>of</strong> the Spallumcheen Township or north BXSLFR area would<br />
serve both communities better.<br />
A major fire in an industrial complex like<br />
the one that occurred in the summer <strong>of</strong><br />
2010 that had the potential to overwhelm<br />
the local fire departments is an example <strong>of</strong><br />
the vulnerability <strong>of</strong> the fire service. The<br />
economic fallout to the greater community<br />
could be an even larger catastrophe if jobs<br />
are lost even temporarily due to a fire.<br />
The BXSLFR is positioned as a key player in the future growth <strong>of</strong> the region. It will<br />
need to build fire service capacity for the industrial area in the north <strong>of</strong> its district and a<br />
regional solution should be sought to address this service gap. The existing BXSLFR<br />
staffing and equipment capacity will be stretched beyond reason in its ability to fulfill<br />
the expectation <strong>of</strong> residents and its obligations to taxpayers.<br />
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••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••<br />
Fire Chief Bill Wacey and his fire department <strong>of</strong>ficers with assistance from RONO staff<br />
have done an excellent job <strong>of</strong> organizing the BXSLFR to respond to emergencies in<br />
the community. The department utilizes paid on call firefighters to deliver the service.<br />
The firefighters work elsewhere and <strong>of</strong>fer their time to the community as firefighters on<br />
an as needed basis. Being a BXSLFR firefighter requires hundreds <strong>of</strong> hours <strong>of</strong><br />
training time to be operationally pr<strong>of</strong>icient and to meet the required standards set by<br />
the Province and the RONO.<br />
Fire Chief Bill Wacey has limited available hours to <strong>of</strong>fer to the BXSLFR since he also<br />
has full time employment outside <strong>of</strong> the department. His priorities have been to<br />
ensure the department is ready to respond to most emergencies. He spends most <strong>of</strong><br />
the time he is able to <strong>of</strong>fer to the BXSLFR in any day, in a management capacity. The<br />
department has several million dollars <strong>of</strong> assets that he manages on a part time basis.<br />
There is little time available for him or others to develop long term strategic or master<br />
plans. At an operational level, there have been no pre-fire plans developed for the<br />
industrial area to determine the fire flows and pumping capacity required in large<br />
industrial occupancies.<br />
Consideration should also be given to hiring a full time Fire Chief who can do more<br />
than the operational functions. It is also may be time for BXSLFR to develop a plan to<br />
transition to a different staffing model in the long term that will build capacity in the<br />
system and <strong>of</strong>fer better service to the community.<br />
The fire service is largely "'reactive" by nature. Being reactive to large scale incidents<br />
without understanding what is at risk and what the potential is for a major fire, is not a<br />
good way to arrive at an incident. Pre-fire planning affords the fire department insight<br />
into how to deal more adequately with an incident rather than arrive and try to figure<br />
out a plan in time constrained high risk situations .<br />
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••<br />
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May 3, 2012 - Item D.2<br />
The RONO is not mandated to<br />
perform fire safety inspections but<br />
just as the RONO sets high<br />
standards for firefighter training it<br />
should also have high standards<br />
with respect to fire pre-planning.<br />
Fire departments benefit from the<br />
intelligence they gather about risks<br />
in their community by doing pre-fire<br />
planning. Fires are high risk low<br />
frequency events where the risk<br />
can be reduced somewhat by<br />
understanding building construction, interior configuration, fire load, access points, .<br />
water supply locations, water supply capacity and other factors that are critical to<br />
firefighter safety and for reducing the fire loss .<br />
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••<br />
Fortunately fire incidents are rare whereas the other services that a fire department<br />
<strong>of</strong>fers are required more frequently. These other services include rescue from<br />
automobile accidents or other life threatening situations, medical emergencies and<br />
seasonal responses to interface fires or chimney fires. Recent changes to the regional<br />
motor vehicle response matrix<br />
means that BXSLFR will take on a<br />
larger role in auto extrication. As<br />
the population ages more demand<br />
for pre-hospital care is anticipated.<br />
Fire departments will have an<br />
increasingly important role to play<br />
in first medical response as the<br />
demand for service exceeds the<br />
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capacity <strong>of</strong> BCAS.<br />
This report has identified fire protection issues beyond just new trucks and equipment<br />
even though specific recommendations <strong>of</strong> this type have been made. Other<br />
suggestions have been made that will require significant political will to act on them and<br />
may require investments in infrastructure that other studies might reveal.<br />
A new fire hall in the Swan Lake Corridor would serve both Spallumcheen and RDNO<br />
Electorcd Areas '"C" and parts <strong>of</strong> Electoral Area "8", Staging a Quint or aerial ladder<br />
truck in the existing BXSLFR fire hall that could respond up to SSVFD or down into the<br />
industrial section in the north RDNO would benefit the region as a whole.<br />
An automatic aid agreement within the entire region's fire departments makes sense.<br />
when response issue solutions are sought as part <strong>of</strong> the RGS GS-1, Governance and<br />
Service Delivery Goal ~ For example, an emergency response to the Foothills<br />
subdivision by the CoY FD or response to the Middleton Mountain area by the BXSLFR<br />
travelling through the City may not be in the best interests <strong>of</strong> the residents, particularly<br />
for a structure fire when a timely response is required.<br />
It was our pleasure to have been involved in this fire hall location study and it is our<br />
hope the recommendations, observations, and suggestions will be an aid in the process<br />
<strong>of</strong> orderly, managed growth as stated in the RGS motto, "'One Region" One Future:».<br />
Sincerely,<br />
Glen Sanders,<br />
Consultant<br />
Gary McCall,<br />
Consultant<br />
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May 3, 2012 - Item D.2<br />
APPENDIX "A"<br />
NFPA 1720<br />
STANDARDS FOR VOLUNTEER FIRE DEPARTMENTS<br />
CHAPTER 1 - ADMINISTRATION<br />
Scope:<br />
,. Minimum requirements relating to the organization and deployment <strong>of</strong> fire<br />
suppression operations, emergency medical operations, and special<br />
operations<br />
,. Address functions and outcomes <strong>of</strong> response capabilities and outcomes<br />
,. Minimum requirements for managing resources and systems<br />
,. Addresses the strategic and system issues but not tactical operations<br />
,. Does not address fire prevention, community education, fire<br />
investigations, support services, personnel management, and budgeting<br />
Purpose:<br />
,. Specify the minimum criteria addressing the effectiveness and efficiency<br />
<strong>of</strong> the volunteer emergency response delivery in protecting the citizens in the<br />
jurisdiction<br />
,. This standard does not restrict any jurisdiction from exceeding these<br />
minimum requirements<br />
,. Authority having jurisdiction (AHJ) shall determine if this standard is<br />
applicable to their fire department<br />
Equivalency:<br />
,. This standard does not prohibit use <strong>of</strong> systems, methods or approaches <strong>of</strong><br />
equivalent or superior performance<br />
,. Technical documentation shall be submitted to the AHJ to demonstrate<br />
the equivalency<br />
Annex "'A'" Explanatory Material for Chapter 1:<br />
,. In addition to fire duties, FO's should be prepared to perform rescue work<br />
and perform medical care for those injured in connection with incidents such<br />
as traffic accidents, train wrecks, aircraft crashes, floods, windstorms,<br />
terrorism, and earthquakes - unless specifically excluded from involvement<br />
,. AHJ has the responsibility to determine the following - scope and level <strong>of</strong><br />
service, necessary level <strong>of</strong> funding, and necessary level <strong>of</strong> personnel and<br />
resources (including facilities)<br />
,. Bya law conveyed by a local jurisdiction, the AHJ can have the power to<br />
levy taxes, solicit funding, own property and equipment, and cover personnel<br />
costs<br />
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• Governing body should also monitor the achievement <strong>of</strong> the FD<br />
management goals such as fire prevention, community life safety education,<br />
fire suppression, employee training, communications, maintenance, and<br />
department administration<br />
• Like any other government agency the parameters <strong>of</strong> the fire department<br />
authority will be outlined by a governing body<br />
Annex "A" Explanatory Material for Chapter 3:<br />
• Automatic aid is accomplished through simultaneous dispatch, is<br />
documented in writing, and part <strong>of</strong> the communication centre's dispatch<br />
protocols<br />
• Mutual aid is part <strong>of</strong> the written deployment criteria for response as<br />
dispatched by communication centre<br />
• A "company" in this standard means company unit, response team, crew,<br />
and response group rather than a FD<br />
• This standard wants to ensure that a minimum <strong>of</strong> 4 personnel respond to<br />
an incident<br />
• Standard also wants to ensure that 2 (or more) pieces <strong>of</strong> apparatus would<br />
always be dispatched and respond as a single company. To assure this the<br />
response can include any <strong>of</strong> the following:<br />
Engine and tanker/tender<br />
Engine with a pumper and a hose wagon<br />
Engine with a vehicle personnel carrier<br />
Engine with an ambulance or rescue unit<br />
Engine and members who respond with their personal vehicles<br />
• A hazard includes the characteristics <strong>of</strong> facilities, equipment systems,<br />
property, hardware, or other objects, and the actions and inactions <strong>of</strong> people<br />
that create such hazards<br />
• The purpose <strong>of</strong> supervisory chief <strong>of</strong>ficers responding to incidents is to<br />
assume command to allow company <strong>of</strong>ficers to directly supervise their<br />
assigned crew members<br />
CHAPTER 4 - ORGANIZATION, OPERATION, and DEPLOYMENT<br />
Fire Suppression Organization:<br />
Fire suppression operations shall be organized to ensure the. fire<br />
departmenfs fire suppression capability includes sufficient personnel,<br />
equipment, and other resources to efficiently, effectively, and safely deploy<br />
fire suppressions resources<br />
• AHJ shall make known the procedures by issuing written administrative<br />
regulations, standard operating procedures, and departmental orders<br />
• FD will be part <strong>of</strong> developing a community risk management plan for<br />
hazardous materials with respect to storage, use, and transportation<br />
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• FD policies shall clearly state the succession <strong>of</strong> command responsibility<br />
• Fire responders shall be organized into company units or response teams,<br />
and shall have appropriate apparatus and equipment<br />
• FD shall identify minimum staffing requirements to ensure adequate<br />
response levels for safe and effective operations<br />
• FD shall maintain standard reports for each response, and each report will<br />
include location, type <strong>of</strong> emergency, operations performed, and responding<br />
members<br />
• Standard response assignments and procedures for all emergency<br />
response types shall be predetermined by location and nature <strong>of</strong> incident to<br />
regulate the dispatch <strong>of</strong> all responding resources<br />
• Risk analysis and/or pre-fire planning shall predetermine the number and<br />
type <strong>of</strong> units to respond to various incidents<br />
Fire Suppression Operations:<br />
Incident Commander<br />
• One responder shall be assigned as the Incident Commander (IC)<br />
• Assuming and identifying the IC shall be made to all incoming responders<br />
for the involved response<br />
• IC shall be responsible for the overall coordination and direction <strong>of</strong><br />
incident activities<br />
• IC shall ensure that a Personnel Accountability System is quickly initiated<br />
and used for the duration <strong>of</strong> the event<br />
• Company <strong>of</strong>ficer, or crewleader, shall maintain accountability <strong>of</strong> the<br />
members assigned to their company<br />
• Company members shall know the identity <strong>of</strong> their company <strong>of</strong>ficer<br />
• Communications shall be transmitted between IC and company <strong>of</strong>ficers<br />
Initial Attack<br />
• Once the necessary responders have arrived at a scene, a FD shall have<br />
the capabilities to initiate an initial attack within 2 minutes, 90% <strong>of</strong> the time<br />
• FD shall ensure that 4 members are on SCene before initiating interior fire<br />
suppression operations<br />
• 2 responders shall work together in the hazardous area<br />
• Outside the hazardous area, 2 members shall be ready to assist the team<br />
operating within the hazardous area - one <strong>of</strong> these exterior responders is<br />
permitted to be engaged in other activities<br />
• IC shall not assign any company or individual if abandoning the task they<br />
are performing will affect the safety <strong>of</strong> other responders<br />
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• If, upon arrival, there are less than 4 members, but immediate action could<br />
prevent the loss <strong>of</strong> life for someone in a life-threatening situation, it shall be<br />
permitted as long as conducted in accordance <strong>of</strong> NFPA 1500<br />
• FD shall have the capability <strong>of</strong> continuing and maintaining all fire ground<br />
operations that extend beyond the initial attack phase<br />
Intercommunity Organization<br />
• Mutual aid, automatic aid, and fire protection agreements shall be in<br />
writing and shall address liability for injuries and deaths, disability<br />
retirements, cost <strong>of</strong> service, authorization to respond, staffing, equipment,<br />
resources to made available, and designation <strong>of</strong> the IC<br />
• All FD's involved gn above-mentioned agreements shall have all-inclusive<br />
procedures and training to provide and ensure effective and uniform<br />
operations<br />
• Communications equipment allowing communications between IC and<br />
<strong>of</strong>ficers at mutual aid responses shall be provided<br />
Emergency Medical Services (EMS)<br />
Purpose<br />
• EMS shall ensure that the FD's emergency medical capabilities are<br />
present to deploy all arriving company assignments<br />
• FD shall use mutual aid or agreements to comply with the requirements <strong>of</strong><br />
this section<br />
• The points in this section shall only apply to FD's involved in the delivery<br />
<strong>of</strong> EMS<br />
• FD shall clearly document its role, responsibilities, functions, and<br />
objectives for EMS delivery<br />
System Components<br />
• EMS treatment levels, and the patient treatment capabilities associated<br />
with each level, shall be categorized as first responder, basic life support<br />
(BLS), and advanced life support (ALS)<br />
• The patient treatment capabilities at each EMS level will be determined by<br />
the AHJ for the approval and licensing providers <strong>of</strong> EMS in each province<br />
EMS System Functions<br />
• The following shall be considered the 5 basic functions within an EMS<br />
system - first responder, BLS, ALS, patient transport in an ambulance or<br />
alternative vehicle, and to provide uninterrupted patient care, assurance <strong>of</strong><br />
response and medical care through quality management program<br />
• FD shall be involved in any or all <strong>of</strong> the aforementioned functions<br />
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Quality Management<br />
• FD shall institute a Quality Management Program (QMP)<br />
• FD shall review and document all first responder and BLS medical care<br />
provided<br />
• FD's with AlS shall have a medical director to oversee and ensure<br />
delivery <strong>of</strong> quality medical care in accordance with provincial laws and<br />
regulations. This shall be documented<br />
• FD's providing AlS services shall be able to communicate immediately<br />
with EMS supervision and medical oversight<br />
Special Operations Response<br />
• FD shall be organized for their capabilities to be able employ sufficient<br />
initial resources, provide support for, and to efficiently and effectively deploy.<br />
Automatic mutual aid and agreements are permitted<br />
• This chapter applies to FD's involved in the delivery <strong>of</strong> special operation<br />
responses<br />
• FD shall have a special operation response plan and standard operating<br />
procedures specifying the role <strong>of</strong> the FD and its responding members to<br />
hazardous materials emergency events<br />
• FD members expected to respond beyond the first responder level shall<br />
be trained to meet NFPA 472<br />
• FD shall have the capacity to implement a RIC for when firefighters are<br />
subject to immediate danger <strong>of</strong> injury, for equipment failure, or other sudden<br />
events as per NFPA 1500<br />
• If FD requires response levels beyond their capabilities they shall have<br />
procedures for initiating the response <strong>of</strong> available outside resources. FD will<br />
be limited to the specific operation functions their members have been<br />
trained for<br />
Annex "AM Explanatory material for Chapter 4:<br />
• Suppression capability is an expression <strong>of</strong> how much firefighting power<br />
can be put into action by a FD by reviewing all facets <strong>of</strong> the FD from<br />
manpower, apparatus, training, policies, etc ...<br />
• FD policies, developed to ensure uniformity and effectiveness in<br />
department actions and operations should be published, and circulated to<br />
the members with a requirement that they are read and understood<br />
• A Comprehensive Emergency Management Plan (CEMP) should be<br />
developed by the local emergency planning committee, coordinated with<br />
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community and private sector processes to meet legal requirements, and<br />
shall be exercised annually<br />
• The CEMP should identify clearly the authority having jurisdiction for<br />
command responsibility for hazardous materials incidents<br />
• Disaster planning should be coordinated at all levels <strong>of</strong> government in<br />
anticipation <strong>of</strong> large scale emergencies. NFPA 1600 assists in mitigating<br />
disasters<br />
• FD reports are not only an accurate record <strong>of</strong> FD activities, but also assist<br />
in determining fire trends for establishing FD needs<br />
• Dispatchers should have the authority to use judgment when they<br />
encounter situations that demand modification <strong>of</strong> normal assignments (as<br />
per FD guidelines)<br />
• Where appropriate, mutual aid agreements should include predetermined<br />
automatic apparatus and personnel responses on first alarms<br />
• Mutual aid concepts should be considered on a regional basis, noting that<br />
traditionally, and legally, the IC will be a senior <strong>of</strong>ficer from the jurisdiction<br />
having the emergency<br />
• Special operations incidents can include:<br />
Rope rescue (including high angle)<br />
Water rescue<br />
Trench/collapse rescue<br />
Confined space rescue<br />
Extrication rescue<br />
Air/sea rescue<br />
Urban search and rescue (USAR)<br />
SWAT (special weapons and tactical team operations)<br />
• The scope <strong>of</strong> FD activities and responsibilities assigned to the FD<br />
incidents requiring slPeciai operations should be outlined in the community's<br />
EMP<br />
• For responses to unanticipated emergencies, the IC will evaluate the<br />
situation, the involved risks, the capabilities <strong>of</strong> the available resources, and<br />
consider the operational risk management guidelines before determining an<br />
action plan<br />
CHAPTER 5 - SYSTEMS<br />
Safety and Health System<br />
• Regardless <strong>of</strong> the size <strong>of</strong> the FD, an occupational safety and health<br />
program as per NFPA 1500 shall be provided to protect the health and safety<br />
<strong>of</strong> the firefighters<br />
Incident Management System (IMS)<br />
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• A FD, regardless <strong>of</strong> their size, shall provide an IMS as per NFPA 1561 to<br />
form the basic structure <strong>of</strong> all FD emergency operations<br />
• The IMS shall be designed to manage all the different types <strong>of</strong> incidents a<br />
FD will handle<br />
Training Systems<br />
• FD shall have training policy and programs to train and maintain<br />
competency levels <strong>of</strong> their firefighters to efficiently, effectively, and safely<br />
execute the deployment requirements <strong>of</strong> the FD<br />
Communication Systems<br />
• FD shall have a reliable communications system to facilitate the delivery <strong>of</strong><br />
all fire responsibilities and operations<br />
• Communications equipment, facility, staffing and operating procedures<br />
shall with NFPA 1221<br />
• Operating procedures shall provide standard protocols and terminology for<br />
all the different types <strong>of</strong> incidents the FD responds to<br />
• Standard terminology as per NFPA 1561 shall be established to transit<br />
information while conducting emergency operations<br />
Pre-Incident Planning<br />
• FD shall develop operational requirements to conduct pre-incident<br />
planning with attention paid to target hazards<br />
Annex "'Am Explanatory Materials for Chapter 5:<br />
• This standard serves as an umbrella for all specific fire service<br />
occupational health and safety documents<br />
• The IMS is designed to effectively and efficiently manage all types and<br />
sizes <strong>of</strong> incidents and structures <strong>of</strong> varying complexity and scale by providing<br />
common terminology and an organizational structure capable <strong>of</strong> performing<br />
and controlling all essential functions within the IMS<br />
• A regional fire communications system can serve individual or multiple<br />
jurisdudiions, and be effective in reducing costs for involved FD's and allow<br />
oommunucations between FD's at mutual aid responses<br />
• NFPA 1620 outlines pre-fire planning standards<br />
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May 3, 2012 - Item D.2<br />
Appendix "8"<br />
FIRE UNDERWRITERS SURVEY FIRE DEPARTMENT & GRADING<br />
REQUIREMENTS<br />
Since there are so many variables in the FUS Grading System and<br />
since individual insurance companies determine rates on many<br />
factors, the FUS requirement should be referred to for information<br />
and not a reason to establish or enhance a fire department.<br />
Fire Underwriters Survey<br />
• Is a national organization directed by an independent private company<br />
• Organization provides data on public fire protection for fire insurance<br />
statistics and underwriting purposes<br />
• Advises municipalities <strong>of</strong> their community fire protection deficiencies and<br />
recommends improvements<br />
• Qualified surveyors conduct full field surveys <strong>of</strong> fire risks and protection<br />
which are used to assess and establish the Public Fire Protection<br />
Classification (PFPC) for all communities, in particular those applying to<br />
commercial, industrial, multiple.,dwelling, and institutional occupancies<br />
• The FUS also uses the PFPC information to develop the Dwelling<br />
Protection Grade (DPG) which applies to one and two-family residential<br />
structures<br />
• The overall intent <strong>of</strong> the grading systems is to provide a measure <strong>of</strong> the<br />
fire protection capabilities <strong>of</strong> a community to prevent and control major<br />
fires considering the fire risks present in that community<br />
• The fire protection conditions for each community are measured against a<br />
recognized standard <strong>of</strong> fire protection<br />
Public Fire Protection Classification (PFPC)<br />
• The objective <strong>of</strong> the PFPC is to provide a national standard to help<br />
communities evaluate their public fire protection service for commercial<br />
risks<br />
• This grading indicates how well communities are equipped to manage<br />
major fires that are not single-family dwellings<br />
• Expressed on a scale from 1 to 10, with 1 being the best<br />
• Normally, communities with a better classification benefit from lower<br />
insurance rates<br />
• Many insurance companies group these grades into three categories -<br />
Protected, Semi-Protected, and Unprotected<br />
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• The grade is achieved by analyzing all relevant data from a<br />
comprehensive survey and review using various FUS survey forms for<br />
following areas:<br />
Fire Risk<br />
• forms the base <strong>of</strong> the evaluation as it determines the oommunity's fire<br />
protection needs, building groups and zones, required fire flows for these<br />
buildings<br />
Fire Department<br />
• review <strong>of</strong> apparatus, equipment, staffing, training, operations, manpower<br />
distribution<br />
• Valued at 40% <strong>of</strong> total PFPC grade<br />
Water Supply System<br />
• ability to access water for firefighting efforts<br />
• 30% <strong>of</strong> total PFPC grade<br />
Fire Prevention & Fire Safety Control<br />
• programs, bylaws, managing the level <strong>of</strong> risk throughout their community<br />
• 20% <strong>of</strong> total PFPC grade<br />
Emergency Communications<br />
• Systems, and ability to receive and dispatch<br />
• 10% <strong>of</strong> total PFPC grade<br />
Dwelling Protection Grade (DPG)<br />
• The DPG is a fire insurance classification provided by FUS that reflects<br />
the ability (aplProxiimate measure) <strong>of</strong> a oommunity's fire protedbion service<br />
to manage fires in one and two family dwellings<br />
• The classification scale is numerical with a 1 to 5 grading scale, where 1 is<br />
the highest (best designation)<br />
• In general, the better the DPG designation, the lower the insurance<br />
premium<br />
• This gathered information is then analyzed, evaluated, and then a grade<br />
designation is determined for the respective levels <strong>of</strong> fire protection<br />
service within each community<br />
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May 3, 2012 - Item D.2<br />
It is important to note that insurance companies have different fire-loss<br />
experiences and underwriting guidelines which means there is no consistency in<br />
premiums to the consumer<br />
Typical Detached Dwelling Guidelines<br />
• Effective square area <strong>of</strong> dwelling is not exceeding 334 sq. m. (3600 sq.<br />
ft.) excluding basement<br />
• No unusual risks such as wood shake ro<strong>of</strong>s<br />
• No structural exposure exceeding 9.3 sq m. (100 sq. ft.) within 30 m.<br />
Minimum Fire Station requirements for each DPG<br />
• Recognized response areas are limited to 8 kms by continuously<br />
accessible roads<br />
• Response times are expected to be delayed due to increases turn-out<br />
times for auxiliary firefighters as compared to on-duty firefighters<br />
• FD's desiring fire insuranoegrading should be organized on a sound<br />
financial basis such as a tax levy<br />
• Areas organized as a society will not be recognized because <strong>of</strong> difficulty <strong>of</strong><br />
identifying and maintaining society members, and the lack <strong>of</strong> guaranteed<br />
funds to finance a year-round fire service<br />
• These main factors are reviewed for a DPG designation based on - water<br />
works system, fire department (apparatus and firefighters as individuals<br />
sub-sections), and the PFPC minimum requirements<br />
• The PFPC is only considered for DPG levels 1 and 2<br />
• A DPG designation <strong>of</strong> 5 is for communities who do not meet 1 to 4, and<br />
have no fire protection<br />
MINIMUM FIRE STATION REQUIREMENTS FOR A DPG <strong>of</strong> 38<br />
• In-ground water system with fire hydrants not required<br />
• FD must be able to provide equipment, apparatus, training, and have<br />
access to water to deliver standard shuttle service in a timely manner, and<br />
in accordance with NFPA 1142<br />
• Require 2 units - one a triple combination pumper, plus a mobile water<br />
supply with a combined water carrying capacity <strong>of</strong> not less than 6820 litres<br />
(1500 Imp Gallons)<br />
• 15 auxiliary firefighters<br />
• No PFPC required<br />
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Page 61 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
More Minimum Criteria for each Fire Station with a DPG <strong>of</strong> 38<br />
Alternative water supply requirements<br />
• To be recognized it must meet minimum criteria specified in NFPA 1142<br />
• A formal plan for use <strong>of</strong> the water supplies must be in place detailing the<br />
points and characteristics<br />
• Refill capacity using drafting techniques requires a pump with a capacity<br />
<strong>of</strong> 450 LPM (100 Igpm) at 275-415 (40-60 psi)<br />
FD Apparatus<br />
• Each fire hall with a DPG <strong>of</strong> 38 must include the following apparatus<br />
• One triple combination pumper rated at not less than 3000 LPM (625<br />
Igpm at 150 psi)<br />
• One mobile water supply apparatus with a minimum carrying capacity <strong>of</strong><br />
4000 L (880 Imp. gals.), AND a permanently mounted pump with a<br />
minimum rated capacity <strong>of</strong> 1000 LPM at 1000 kPa (210 Igpm at 150 psi)<br />
net pump pressure<br />
• Apparatus must be designed in accordance with ULC 8515, or NFPA<br />
1901<br />
• The combined water carrying capacity <strong>of</strong> the two above units must be at<br />
least 6800 L (1500 Imp. Gals.), and a transfer system capable <strong>of</strong><br />
supplying the pumper as needed<br />
• Can accomplish by pumping or dumping into a portable tank with a<br />
minimum capacity <strong>of</strong> 4550 L (1000 Imp. Gals.)<br />
• Apparatus must be stored in inside a suitably constructed and arranged<br />
fire hall<br />
FD responding manpower<br />
• 1 fire chief to respond<br />
• 15 auxiliary FF scheduled to respond in addition to the number <strong>of</strong><br />
personnel required to conduct mobile water supply operations<br />
Emergency Communications<br />
• must have an adequate and reliable system to receive calls and dispatch<br />
fi refighters<br />
www.firewiseconsuilting.oom Page 55<br />
Page 62 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
Fire Protection Service Area<br />
• must be clearly established and registered with the Provincial<br />
governments<br />
MINIMUM FIRE STATION REQUIREMENTS FOR A DPG <strong>of</strong> 4<br />
• Same as 38, except may be allowed anyone exception from 38<br />
requirements<br />
• This grade is reserved for communities who contract fire protection<br />
services from a FD with a DPG <strong>of</strong> 38<br />
• Any exception must be accompanied with a letter <strong>of</strong> intent to bring the<br />
exception to meet the 38 level within 12 months<br />
• If more than one exception is found not to meet the minimum requirement<br />
for 38, then a DPG <strong>of</strong> 5 is applied<br />
NOTE: The absolute minimum number <strong>of</strong> auxiliary firefighters<br />
considered within the fire insurance grading is 10, and that the<br />
maximum age <strong>of</strong> apparatus that can be considered is 30 (as long as<br />
successfully pass annual tests)<br />
More Minimum Criteria for a DPG <strong>of</strong> 4<br />
• This grade level is reserved for communities that contract fire protection<br />
services from agencies with a DPG <strong>of</strong> 38<br />
• Standpipes are not eligible for insurance grading recognition<br />
• Private water systems may be recognized with FUS documentation<br />
• To receive full credit an auxiliary FF must live and work within 8 kms <strong>of</strong><br />
fire hall- if can only meet this criteria for a portion <strong>of</strong> the year, it will be<br />
pro-rated for credit<br />
• FF not required to pass CPAT, but must be medically evaluated and<br />
qualified for duty<br />
• Societies may be recognized for fire insurance purposes where stability<br />
and reliability <strong>of</strong> the society can be verified by FUS<br />
STANDARD TANKER SHUTTLE SERVICE<br />
• If the shuttle service does not meet the minimum benchmarks as outlined<br />
in NFPA 1142 it will NOT be recognized<br />
• To have a Standard Shuttle Service recognized a FD must have<br />
adequate equipment, training, continuous access to approved alternative<br />
water supplies, and the ability to deliver water in accordance with NFPA<br />
1142<br />
www.firewiseconsulting.com<br />
PageS6<br />
Page 63 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
• A formal plan must be in place and available for review detailing the<br />
alternative water supplies and their characteristics<br />
• Water supplies must be continuously accessible 24 hours per day and<br />
365 days per year<br />
• Refill capacity from alternative water supplies using drafting techniq ues<br />
requires a pump with a minimum capacity <strong>of</strong> 450 LPM (100 Igpm) at<br />
275-415 kPa (40-60 psi)<br />
www.firew[seconswtllitiing.com<br />
PageS7<br />
Page 64 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
Appendix £Ie" <strong>North</strong> BXSLFR Fire Hydrant Information<br />
www.firewiseconsulting.com Page 58<br />
Page 65 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
,1II..w~"l'~tliwUIy_~Bu..,'!I!1 ... ...-_."V_<br />
_~"'g"""""""~",,,,,I10"~--W .<br />
JHlI:Hi<br />
ill< result. bel"",, it i .... wncdlbor 1M Hwy. '!I!1100", Nri is ..,,,,, lal""~lf, ~<br />
~A
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
Greole!' V.""""<br />
.. qual'ifi.cl:""gi,,"'" «view all' fir.<br />
doll" prim 1 "W,,,,~,,1I!c ~'" ""'I fi.., '1lI'pre;;si"" "l'srem,<br />
www.firewiseconsulting.com Page 60<br />
Page 67 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
BXSl Fire Hall Study Appendix" 0"<br />
il:<br />
Dry fire hydrants for suburban and rural fi<br />
hting<br />
www.firewiseconsuiting.com Page 61<br />
Page 68 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
www.firewiseconsulting.com Page 62<br />
Page 69 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
wwwJirewisecolllSulting.rom Page 63<br />
Page 70 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
BXSL Fire Hall Study Appendix liE"<br />
Job Pr<strong>of</strong>ile Fire Chief,<br />
Volunteer Fire Department<br />
Purpose <strong>of</strong> the Job:<br />
Reporting to the (CAD or ), the Fire Chief will direct, manage and supervise the<br />
fire suppression, fire prevention, fire inspection and rescue activities <strong>of</strong> the Department<br />
as authorized by the Fire Department Establishment and Control Bylaw. The Fire Chief<br />
will also administer applicable regulations under local bylaws, building and fire codes<br />
and the Fire Services Act.<br />
'<br />
Duties and Responsibilities:<br />
a. Plan, direct and supervise through subordinate <strong>of</strong>ficers the activities <strong>of</strong> the Fire<br />
Department as specified in the Fire Department Establishment and Control Bylaw.<br />
b. Establish and implement Operational Guidelines based on the model provided by<br />
the RDNO, the Office <strong>of</strong> the Fire Commissioner and WorkSafeBC Regulations.<br />
c. Develop and implement training programs in accordance with accepted standards to<br />
improve the understanding and skill <strong>of</strong> all volunteer firefighters in fire fighting,<br />
rescue procedures and direct coaching <strong>of</strong> such procedures. ,<br />
d. Ensure adequate records are kept <strong>of</strong> all required maintenance and training.<br />
e. Prepare and submit an annual budget and long-range plan and make expenditures<br />
within approved limits.<br />
f. Develop and revise a long-range capital plan to keep pace with development.<br />
g. Advise planning, engineering and other departments on development implications<br />
for firefighting as part <strong>of</strong> the development approval process.<br />
h. Develop and update pre-fire plans <strong>of</strong> major community risks.<br />
i. Ensure that all RDNO policies and processes are adhered to.<br />
j. Maintain an effective working relationship with all RDNO departments and carry out<br />
such additional duties and exercises as the RDNO Administrator may direct.<br />
k. Ensure that inquiries and complaints regarding Fire Department activities or<br />
responsibilities are handled promptly, efficiently, effectively and with courtesy.<br />
I. Liaise with representatives <strong>of</strong> neighboring Fire Departments to ensure adequate<br />
mutual aid agreements are made for mitigating major emergency incidents.<br />
m. Participate in the <strong>Regional</strong> and <strong>District</strong> Emergency Planning process.<br />
n. Participate in fire Chiefs' Associations at the provincial or regional level.<br />
Organizational Relationship:<br />
The Fire Chief reports to (CAD or<br />
) in the RDNO Administration.<br />
Recommended Qualifications:<br />
EducationlTraining:<br />
Secondary School graduate.<br />
Completed or participating in a training program based on IFSTA Essentials <strong>of</strong> Fire<br />
Firefighting.<br />
www.firewiseconsulting.com 'Page 64<br />
Page 71 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
Enrolled in or completed a recognized Officer Training Program.<br />
Recommended Experience:<br />
A minimum <strong>of</strong> five (5) years with a fire department.<br />
Progressive responsibility level within the fire service.<br />
Previous experience as a fire department <strong>of</strong>ficer.<br />
Previous management experience is an asset.<br />
Occupational Certification:<br />
Valid BC Class 5 Driver's Ucenseforthe Province <strong>of</strong> British Columbia, Class 3 with air<br />
endorsement preferred.<br />
Certified First Aid Levell with CPR and First Responder Level III or equivalent.<br />
Knowledge:<br />
Provincial acts, codes, regulations and standards relating to the delivery <strong>of</strong> fire services.<br />
RDNO bylaws.<br />
VFD Operational Guidelines, policies and procedures.<br />
BC Firefighter Standard.<br />
WorkSafeBC Regulations.<br />
Knowledge and training in British Columbia Emergency Response Management System<br />
(BCERMS) minimum Incident Command System (ICS) 200.<br />
Knowledge <strong>of</strong> the community and Fire Protection Area.<br />
Skills & Abilities:<br />
Ability to be an effective leader.<br />
Ability to delegate, supervise and mentor.<br />
Ability to organize.<br />
Ability to effectively administer the operations <strong>of</strong> a volunteer fire department.<br />
Ability to effectively communicate verbally and in writing and maintain positive public<br />
relations for the fire department and the <strong>District</strong>.<br />
Ability to supervise and participate in the preparation <strong>of</strong> all necessary reports, records<br />
and correspondence.<br />
Willingness and commitment to participate in training programs and workshops.<br />
I have read and understand this job description.<br />
Employee signature<br />
Date<br />
This job description istlhe minimum requirement <strong>of</strong> this job's assigned duties, tasks and<br />
responsibilities.<br />
<strong>District</strong> Official Signature (title)<br />
Date<br />
www.firewisecoMw!tii1l1lg.rom Page 65<br />
Page 72 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
BXSL Fire Hall Study Appendix "F"<br />
When you need<br />
performance from your fire apparatus, you need Sutphen<br />
There's nllthill!J lib! a~, and there's no olher aerial ladder that can match<br />
new 75' Mld·moun! Aet lal Laddflf<br />
While flowing up to 1500 gallons per minute <strong>of</strong> waler. Ihis aerial is rated al a tip<br />
load, and when dry the aerial <strong>of</strong>fers ;m i\,lonbhing 1.000·poulld rating, by far lire highest In<br />
the industry Additionally, set up time II just 20 sf~conds USing one mnlral control, the<br />
in ihe Industry.<br />
The new /5' Aerial t adder is built on Sutphen'S custom designed single axle chassis.<br />
and features our signalure mid· moun! tethnology that provides bet ter maneuverability<br />
and ease uf handling due to a low cenier <strong>of</strong> gravity Sutphen construction feature> the<br />
highest quality aluminum and just like Sutphen's olher aerial products, incllk1es<br />
aircraft ;fyl(, HucK Ihat provide superior slrength and per forrnanc0 unlikH commonly<br />
Ilsed welds !hal break. It Is Ihis combination ot strength and mid· mount technology<br />
thilt gives the new<br />
Other ["alUr €I 01<br />
!alldH a 3:1 structural safety faclor,<br />
new ladder include an elc'!; tric radio controlled monitor and<br />
nozzle that can be operated at the tip <strong>of</strong> the Ihird or the lourlh section <strong>of</strong> Ihe ladder.<br />
The aerial I, also equipped with a full cdpadty bolt·on l'gress tlp_<br />
wwwJirew[s:ecolllSwting.com Page 66<br />
Page 73 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
• Full tilt, 6- to lO-man • Safely Cabs:<br />
• Cab can be tilted inside most stations"<br />
• Caterpillar, Detroit ur Cummins engines<br />
• Booster lank capacities up 10 5{)O willon"<br />
• Hose capacity for up 10 1000 uf 5' LDH,<br />
• Exira air cylinder compae Immts ami optionalr oil-up doors available,<br />
• I uily adju,table shelves fillndividual needs,<br />
• Mid-mount aeriallrnproves driver visibility,<br />
• 75,(00t, lour section ladder for bet ter maneuverability in tight spots,<br />
, 2,1 7f)' crosslays standard<br />
www.firewiseconsulting.com Page 67<br />
Page 74 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item D.2<br />
197 cubic fed <strong>of</strong> wmpilftrnf"·nf
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.1<br />
REGIONAL DISTRICT<br />
<strong>of</strong><br />
NORTH OKANAGAN<br />
PLANNING DEPARTMENT<br />
INFORMATION REPORT<br />
LEGAL DOCUMENT REQUEST<br />
Date: March 16, 2012<br />
File No.:<br />
Applicant:<br />
Legal Description:<br />
10-0685-B-LD<br />
WGP 202 c/o ARDA Consulting - David Pauls<br />
Lot 1, Sec. 5, Twp 9, ODYD, Plan KAP80583<br />
P.I.D.# 026-623-625<br />
Civic Address:<br />
415 High Ridge Road<br />
Property Size: 12.2 ha (30.15 acres) (approximately 7.9 ha west <strong>of</strong> Highway 97<br />
and 4.3 ha east <strong>of</strong> Highway 97)<br />
Servicing:<br />
Present Zoning:<br />
O.C.P. Designation:<br />
Proposal:<br />
Water license (Kalamalka Lake) and Septic<br />
Country Residential (C.R)<br />
Country Residential<br />
Discharge or modify restrictive covenant to allow further<br />
subdivision into one 2 ha lot and 10 ha remainder<br />
PLANNING DEPARTMENT RECOMMENDATION:<br />
That, upon consideration <strong>of</strong> input from adjacent landowners, written approval be provided for the<br />
subdivision <strong>of</strong> the property legally described as Lot 1, Sec 5, Twp 9, ODYD, Plan KAP80583<br />
and located at 415 High Ridge Road, Electoral Area “B”, as shown on the subdivision plan<br />
attached to Planning Department Report dated March 16, 2012, and in accordance with<br />
Covenant KW5195 registered on the title <strong>of</strong> the subject property.<br />
BACKGROUND:<br />
The owner <strong>of</strong> the subject property has submitted a legal document (LD) request to the RDNO to<br />
discharge or modify a “no further subdivision” restrictive covenant from the title <strong>of</strong> the property.<br />
The intent <strong>of</strong> discharging or modifying the covenant is to allow one Country Residential (C.R) lot<br />
to be subdivided from the property in accordance with the existing zoning. The proposed new<br />
lot would be approximately 2 hectares and the remainder would be approximately 10 ha. The<br />
restrictive covenant was placed on the property during the rezoning process in 2002-2003, the<br />
reasons for which are explained in this report.<br />
F:\3000-3699 LAND ADMIN\3061 AREA B\_APPLICATIONS\LD\10-0685-B-LD - WGP-202 - ARDA\10-0685-B-LD - WGP-202 -<br />
ARDA - Info Sheet(2012).docx<br />
Page 76 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.1<br />
Legal Document Request<br />
10-0685-B-LD (Arda Consultants c/o David Pauls) Page 2<br />
In 2003, the parent parcel was rezoned from Large Holding to Country Residential. The<br />
purpose <strong>of</strong> the application was to permit a 5 lot subdivision under C.R zoning. Through the<br />
application process and before the bylaws were prepared, the applicant changed the proposal<br />
to a 4 lot subdivision and <strong>of</strong>fered a restrictive covenant prohibiting further subdivision <strong>of</strong> the<br />
proposed parcels. The reason for the <strong>of</strong>fer <strong>of</strong> the covenant was to avoid the requirement to<br />
install a community water system in accordance with RDNO Subdivision Servicing Bylaw which<br />
requires that such a system be provided for subdivisions <strong>of</strong> 5 lots or greater. The owner <strong>of</strong> the<br />
subject property is now requesting discharge <strong>of</strong> this covenant from the title <strong>of</strong> lot 1 to permit a<br />
further subdivision.<br />
At the Regular Meeting <strong>of</strong> September 7, 2011 the Board <strong>of</strong> Directors considered this application<br />
to discharge or modify Covenant KW5195. After considering the application, the Board <strong>of</strong><br />
Directors resolved to refer the request to a Public Hearing and further resolved that the request<br />
be considered concurrently with a Development Variance Permit application which proposes to<br />
vary Section 402 <strong>of</strong> the Subdivision Servicing Bylaw No. 726, 1986 to negate the need for a<br />
community water system related to the proposed subdivision <strong>of</strong> the subject property.<br />
The applicant applied for a Development Variance Permit in November 2011. A separate staff<br />
report has been prepared to address the DVP and will be brought forward for consideration by<br />
the Board <strong>of</strong> Directors concurrently with this request to amend or discharge Covenant KW5195.<br />
Previous approvals on this property include the OCP/rezoning (2003), a development permit<br />
and the subdivision that created the 4 lots in 2006. It should also be noted the owner attempted<br />
to subdivide the subject parcel in 2009 to create 2 additional lots, but was not approved due to<br />
the covenant that is the subject <strong>of</strong> this application.<br />
LEGAL/STATUTORY AUTHORITY:<br />
The RDNO is the transferee <strong>of</strong> the Land Title Act, Section 219 Restrictive Covenant that<br />
restricts further subdivision <strong>of</strong> the property. The Board has discretion to discharge the covenant<br />
(or not) even though it was voluntarily <strong>of</strong>fered by the owner to gain Board support <strong>of</strong> the<br />
rezoning application <strong>of</strong> the original parent parcel in 2003. Section 2 <strong>of</strong> the covenant is relevant<br />
for the Board’s decision and is worded as follows:<br />
2) Henceforth, the use <strong>of</strong> the Lands shall be subject to the following restrictions:<br />
a) The use <strong>of</strong> the Lands is restricted in that the Lands may not be subdivided into any<br />
more than four (4) separate lots, without the prior written approval <strong>of</strong> the Transferee.<br />
LEGAL/STATUTORY PROCEDURAL REQUIREMENTS:<br />
RDNO legal counsel has reviewed this request to discharge or amend Covenant KW5195 and<br />
recommended that a Public Hearing be held to consider discharging the restrictive covenant<br />
and that the Board concurrently consider a Development Variance Permit application to negate<br />
the need for a community water system.<br />
Page 77 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.1<br />
Legal Document Request<br />
10-0685-B-LD (Arda Consultants c/o David Pauls) Page 3<br />
In accordance with the Subdivision Servicing Bylaw, a one lot subdivision does not require a<br />
community water system. However, the Board’s consideration <strong>of</strong> a Development Variance<br />
Permit (DVP) is deemed necessary in this case because:<br />
The no further subdivision covenant was drafted in relation to the parent parcel and<br />
applies to all four lots;<br />
Development <strong>of</strong> the parent parcel was clearly intended to be viewed as a whole;<br />
The sole purpose <strong>of</strong> the covenant was to avoid the situation where the servicing<br />
requirements could be circumvented by a staged subdivision.<br />
Processing <strong>of</strong> the request to discharge or amend the covenant, and the application for the DVP<br />
have proceeded concurrently as the successful outcome for the owner is dependent on<br />
approval <strong>of</strong> both by the Board.<br />
RURAL VERNON OFFICIAL COMMUNITY PLAN:<br />
The subject properties are designated Country Residential in the Rural Vernon Official<br />
Community Plan (OCP) which conditionally supports development <strong>of</strong> 2.0 hectare minimum<br />
parcel sizes. Most <strong>of</strong> the properties in the general vicinity and east <strong>of</strong> the highway are<br />
designated Country Residential. There are a few exceptions including some Non-Urban<br />
designated lands to the north, Agricultural designated lands (lands in the ALR) and Large<br />
Holdings designation west <strong>of</strong> Highway 97.<br />
OCP Section D – Rural Lands outlines a number <strong>of</strong> planning considerations before lands should<br />
be rezoned to C.R. While these lands are already zoned C.R, the planning issues are still<br />
relevant for consideration during the process to discharge a covenant to allow subdivision under<br />
that zoning.<br />
Rural Lands<br />
Some lands in this Official Community Plan area are designated as Country Residential;<br />
however, this designation does not ensure that the land would be rezoned as Country<br />
Residential and the following information and considerations are necessary to guide a review <strong>of</strong><br />
any rezoning application which may or may not be approved by the <strong>Regional</strong> <strong>District</strong>:<br />
6.1 information maps should be submitted showing how the rezoning area can develop into the<br />
Country Residential standard including the location <strong>of</strong> any new streets, environmental protection<br />
measures, lot layouts and any community amenities;<br />
6.2 the area should not be subject to flooding, high water table or terrain instability;<br />
6.3 the development <strong>of</strong> the area should not require excessive expenditures for community<br />
services such as roads, utility services and school bussing;<br />
6.4 the terrain should be suitable for development whereby each new lot would have a building<br />
site and driveway access in compliance with the “Zoning Bylaw”;<br />
6.5 each new lot shall have an area that is adequate for on-site sewage disposal;<br />
Page 78 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.1<br />
Legal Document Request<br />
10-0685-B-LD (Arda Consultants c/o David Pauls) Page 4<br />
6.6 information should be provided to show how development can be supplied with an adequate<br />
water supply as outlined in Section D.5 <strong>of</strong> this Plan;<br />
6.7 Natural Features or other sensitive environmental attributes should not be negatively<br />
impacted by a higher density <strong>of</strong> land use and in this regard, the <strong>Regional</strong> <strong>District</strong> may request<br />
that an environmental impact analysis be undertaken;<br />
6.8 the subject properties are outside an area where the long-term planning is to accommodate<br />
urban land uses such as within an area bounded by an ‘Urban Containment Boundary’ where<br />
parcels should be maintained in as large a size as possible to better facilitate urban<br />
development;<br />
6.9 other submissions other than those cited herein may be necessary in order to adequately<br />
evaluate an application; and<br />
6.10 notwithstanding these specific considerations, the <strong>Regional</strong> <strong>District</strong> will be guided by<br />
community goals and objectives cited in this Plan and other policies in this Plan as may be<br />
appropriate in the consideration <strong>of</strong> any application.<br />
Heritage Sites and Natural Areas<br />
The following locations within the Plan area are considered as Natural Areas has identified in<br />
the “Greater Vernon Natural Areas and Features Inventory” (Greater Vernon Parks and<br />
Recreation <strong>District</strong>, 1993) and the <strong>Regional</strong> <strong>District</strong> considers that these areas are<br />
environmentally sensitive to development and the <strong>Regional</strong> <strong>District</strong> will have due regard for the<br />
significance <strong>of</strong> these locations when reviewing a land development proposal in their general<br />
vicinity:<br />
• Commonage Grasslands; particularly the slopes overlooking the west shore <strong>of</strong><br />
Kalamalka Lake<br />
Development Permits - Swan, Goose and Kalamalka Lakes – Protection <strong>of</strong> the Natural<br />
Environment<br />
The Rural Vernon OCP designates all lands within the vicinity <strong>of</strong> Kalamalka Lake as being<br />
within a Development Permit Area for Protection <strong>of</strong> the Natural Environment. As such if the<br />
request to modify or discharge the covenant and vary the provision for community water are<br />
successful, the owner may be required to make application for a development permit as part <strong>of</strong><br />
the process <strong>of</strong> approving the subdivision.<br />
7. The <strong>Regional</strong> Board has the objective to protect the environmentally sensitive shore zone<br />
ecosystem around Swan Lake, Goose Lake and Kalamalka Lake and to maintain the water<br />
quality <strong>of</strong> these lakes; therefore,<br />
• all parcels in the vicinity <strong>of</strong> Kalamalka Lake as shown on Schedule ‘C’, are designated within a<br />
Development Permit Area to set conditions for the protection <strong>of</strong> the natural environment <strong>of</strong> these<br />
lakes and their ecosystems and biodiversity. When reviewing a Development Permit Application<br />
the <strong>Regional</strong> Board will consider the guidelines outlined as follows:<br />
Page 79 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.1<br />
Legal Document Request<br />
10-0685-B-LD (Arda Consultants c/o David Pauls) Page 5<br />
7.1 land within 15 metres <strong>of</strong> the natural boundary <strong>of</strong> Swan Lake, Goose Lake and Kalamalka<br />
Lake or around wetlands and watercourses within the Development Permit Area should remain<br />
free <strong>of</strong> development with the exception <strong>of</strong> fencing, works and plantings to control erosion,<br />
protect banks, protect fisheries or waterfowl habitat or otherwise preserve and enhance the<br />
lake, wetlands, watercourses and associated habitats;<br />
7.2 the <strong>Regional</strong> <strong>District</strong> may require a Restrictive Covenant to ensure long-term protection and<br />
maintenance <strong>of</strong> riparian vegetation;<br />
7.3 where new plumbing works are proposed, a means <strong>of</strong> sewage disposal shall be installed to<br />
provide an adequate method for the disposal <strong>of</strong> sewage effluent and where the Interior Health<br />
Authority or the Ministry <strong>of</strong> Land, Water and Air Protection has denied approval, the<br />
Development Permit Application may be refused;<br />
7.4 where an on-site sewage disposal system is proposed within the Development Permit Area,<br />
the <strong>Regional</strong> <strong>District</strong> will require that the sewage disposal works as well as the stormwater and<br />
surface drainage system be designed by an engineer with consideration <strong>of</strong> the protection, by<br />
Covenant, <strong>of</strong> a separated back-up sewage drainfield area; and notwithstanding these<br />
engineering requirements, the <strong>Regional</strong> <strong>District</strong> may also request an independent appraisal <strong>of</strong><br />
the subsurface soil conditions to review the suitability <strong>of</strong> the site to absorb effluent;<br />
7.5 the <strong>Regional</strong> <strong>District</strong> will require that a stormwater management system be installed to<br />
control run<strong>of</strong>f from parking areas, internal roadways and buildings whereby culverted<br />
stormwater outlet facilities should not be installed directly into any wetland, watercourse,<br />
drainage ditch or gully except where a stormwater renovation system is being implemented; and<br />
7.6 all designs for new construction works and all construction activity works should conform to<br />
guidelines established within the “Land Development Guidelines for the Protection <strong>of</strong> Aquatic<br />
Habitats” (Ministry <strong>of</strong> Lands and Parks, Fisheries and Oceans Canada, 1992) and in<br />
accordance with federal and provincial regulations. Local Watercourses – Protection <strong>of</strong> the<br />
Natural Environment.<br />
The development permit for Protection <strong>of</strong> the Natural Environment that was required at the time<br />
<strong>of</strong> subdivision in 2004 required a number <strong>of</strong> restrictive covenants to be registered on the parcel<br />
that indicated how and where building sites, driveways and utility areas were to be developed.<br />
Another Development Permit may be required before final approval <strong>of</strong> the requested subdivision<br />
as the creation <strong>of</strong> the new lot will require identification <strong>of</strong> a new driveway, building site and<br />
septic disposal areas that are currently within a Development Permit Area designated for<br />
protection <strong>of</strong> the natural environment.<br />
Section M.11 <strong>of</strong> the Official Community Plan specifies development proposals that may not<br />
require a Development Permit. At such time as a subdivision referral is received by RDNO, the<br />
application will be evaluated to determine if the proposed development meets DP exemption<br />
criteria.<br />
Page 80 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.1<br />
Legal Document Request<br />
10-0685-B-LD (Arda Consultants c/o David Pauls) Page 6<br />
ZONING BYLAW:<br />
The Country Residential Zone allows for parcels to be created with a 2.0 hectare minimum size<br />
and provides for a Single Family Dwelling and an Ancillary Single Family dwelling <strong>of</strong> a maximum<br />
<strong>of</strong> 807 square feet. Other uses include accessory buildings, bed and breakfasts, boarding<br />
houses, home occupations uses and agricultural uses.<br />
In addition, Section 405 <strong>of</strong> the Zoning Bylaw allows subdivision <strong>of</strong> non-ALR lands in accordance<br />
with Section 946 <strong>of</strong> the Local Government Act after ownership for 5 years. For parcels in the<br />
C.R Zone, this means that any lots greater than 3.5 ha (8.65 acres) have the ability to create an<br />
additional lot provided it can be serviced. Therefore, <strong>of</strong> the 4 lots created by subdivision <strong>of</strong> the<br />
parent parcel, Lots 1 (12.2 ha) and 2 (4.49 ha) technically have further subdivision potential.<br />
SUBDIVISION SERVICING BYLAW:<br />
The Subdivision Servicing Bylaw outlines the level <strong>of</strong> servicing required at the time <strong>of</strong><br />
subdivision. However, in light <strong>of</strong> the nature <strong>of</strong> this request, it is worth mentioning how some <strong>of</strong><br />
these technical aspects <strong>of</strong> land development have been, or will be required to be addressed as<br />
a result <strong>of</strong> this decision to discharge or modify the restrictive covenant.<br />
Storm Drainage<br />
Storm drainage has been addressed for the parent parcel with a restrictive covenant that<br />
indicates that at the time <strong>of</strong> Building Permit, that foundation drainage plans prepared by an<br />
engineer must be submitted. This drainage plan must follow the guidelines <strong>of</strong> a previously<br />
prepared comprehensive storm drainage design and management plan that is in place for the<br />
subject property (included as part <strong>of</strong> the covenant). The basic premise <strong>of</strong> the guidelines is that<br />
the storm water from impervious surfaces shall be directed to a settling tank and then to a rock<br />
pit or absorption field. Also, no construction or improvements shall commence on any lot in the<br />
subdivision unless temporary construction run<strong>of</strong>f features have been installed. There is to be no<br />
major ditch or pipe storm drainage discharging to a point into the lake or ephemeral stream and<br />
there is to be no net increase in storm peak flows.<br />
Water<br />
Water supply for the existing four lots is directly from Kalamalka Lake. There is a Conditional<br />
Water License (#C117069) for 2000 gallons per day that is authorized to service four dwellings.<br />
This license does not reference lots or separate parcels <strong>of</strong> land as it was issued in 2002, prior to<br />
the subdivision which was completed in 2006. This license was Conditional in that the lake<br />
intake, pump and piping was to be “completed and the water shall be beneficially used” prior to<br />
December 31, 2005. Comments from the Water Section <strong>of</strong> the Ministry <strong>of</strong> Natural Resource<br />
Operations dated May 25, 2011 report that the application for apportionment for C117069 has<br />
been updated. It is understood that when all four water services authorized under Conditional<br />
Water License C117069 are connected to dwellings (i.e. the water is being beneficially used)<br />
that the license will be moved into apportionment status.<br />
Page 81 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.1<br />
Legal Document Request<br />
10-0685-B-LD (Arda Consultants c/o David Pauls) Page 7<br />
A second Conditional Water License (#C66198) authorizes the use <strong>of</strong> up to 500 gallons <strong>of</strong> water<br />
per day for one dwelling. This water license was Conditional subject to construction <strong>of</strong> the water<br />
works and beneficial use <strong>of</strong> the water by December 31, 1991. Comments from the Water<br />
Section dated May 25, 2011, state that the license has been moved into apportionment status.<br />
The applicant has indicated that the infrastructure (pump, pipes and electrical) is in place for all<br />
five water services.<br />
Septic<br />
The septic sites for the four lots were identified in the original proposal, but actual locations and<br />
testing to determine suitability were required at subsequent approval stages. The existing<br />
development permit contains requirements for engineered sewage disposal works for each lot<br />
which is addressed at the time <strong>of</strong> building permit application.<br />
In the case <strong>of</strong> the proposed new lot, while the possible septic area was previously identified, it<br />
has not yet been engineered or shown to meet the current standards for on-site waste water<br />
disposal. If the covenant is discharged, Protection <strong>of</strong> the Natural Environment Development<br />
Permit conditions will apply to the new lot, including requisite engineering for septic systems in<br />
accordance with the development permit policies <strong>of</strong> the Rural Vernon OCP.<br />
Access<br />
Driveways to the parcels from the original subdivision are protected by registered easements<br />
that ensure access and maintenance. Lots 1 and 2 share an access, as do Lots 3 and 4. The<br />
legal access driveways to Lots 1 and 2 also affects the lot to the north east (Lot A, Plan<br />
KAP74798). If the additional lot proposes to utilize that same access or other amendments are<br />
proposed, the owner may have to obtain additional private approvals and a variance to Section<br />
310 <strong>of</strong> the Zoning Bylaw.<br />
Building Sites and “No Build” Areas<br />
Aside from the “no further subdivision” covenant, other existing encumbrances on the title <strong>of</strong> the<br />
lots may pose challenges or require amendments for development <strong>of</strong> additional lots. Covenant<br />
LA35539 prohibits development on the subject property to one identified building site and<br />
therefore the proposed new building site will require amendment to this covenant if the Board<br />
supports the discharge <strong>of</strong> the no subdivision covenant.<br />
During the development permit process building sites, “no disturb areas”, driveways and “wildlife<br />
and sensitive zones” were identified on the parent parcel. This information was registered in the<br />
form <strong>of</strong> restrictive covenants and easements which include map schedules that indicate these<br />
locations. There were only four building sites identified. The subject property contains one <strong>of</strong><br />
those proposed building sites.<br />
PLANNING ANALYSIS:<br />
This proposal requests the Board consider discharging or modifying a restrictive covenant that<br />
prohibits further subdivision <strong>of</strong> Lot 1, Sec. 5, Twp 9, ODYD, Plan KAP80583 in order to create<br />
an additional lot. The request is from the owners <strong>of</strong> Lot 1 which, at over 12 ha and zoned C.R<br />
(2 ha minimum parcel size) does have future subdivision potential.<br />
Page 82 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.1<br />
Legal Document Request<br />
10-0685-B-LD (Arda Consultants c/o David Pauls) Page 8<br />
Even though the proposal is not a rezoning application, the effect <strong>of</strong> the discharge <strong>of</strong> the<br />
covenant is an increase in density and therefore staff have reviewed the merits <strong>of</strong> this proposal<br />
based on that premise. With respect to how this proposal is consistent with the Rural Vernon<br />
OCP, it appears to satisfy several policies <strong>of</strong> Section D. Rural Lands which outline the criteria<br />
that would be necessary to support rezoning to C.R including:<br />
The property is not in the ALR.<br />
The area proposed for the new lot is not subject to flooding, high water or terrain<br />
instability.<br />
<br />
<br />
<br />
<br />
<br />
The proposal should not require excessive expenditures for community services.<br />
The proposed building site and driveway access on the new lot should be suitable for the<br />
intended uses and be able to achieve compliance with the Zoning Bylaw. (However, in<br />
this regard, staff do have concerns for the lands west <strong>of</strong> Highway 97 that are also part <strong>of</strong><br />
the subject property and effected by the discharge <strong>of</strong> the covenant.)<br />
There appears to be adequate on-site area for septic disposal but detailed engineering<br />
will be required that includes supporting technical information for this requirement. If the<br />
information does not provide the Board with a level <strong>of</strong> comfort the lands can adequately<br />
handle septic effluent without affecting the lake, the Board may request an independent<br />
appraisal <strong>of</strong> the subsurface soils conditions to review the suitability <strong>of</strong> the site to absorb<br />
effluent in accordance with OCP policy direction.<br />
Natural features such as wildlife zones, seasonal drainage courses and sensitive areas<br />
are protected by covenant and should not be affected by this proposal. However it will<br />
result in loss <strong>of</strong> some grassland area for a new driveway and building site.<br />
The proposal will not affect land within 15 metres <strong>of</strong> the natural boundary <strong>of</strong> Kalamalka<br />
Lake in accordance with Development Permit guidelines.<br />
Documentation provided by the applicant indicates a Conditional Water License is<br />
approved for the proposed additional lot.<br />
The restrictive covenant was required in order for the Board to support a four lot development<br />
with further subdivision potential. Coordinating the public hearing on the request to discharge or<br />
modify the covenant as well as the hearing for Development Variance Permit to waive the<br />
requirement for community water will provide adjacent land owners and the public with an<br />
opportunity to provide feedback to the Board.<br />
If the restrictive covenant is discharged, the applicant could technically apply for additional lots<br />
for subdivision, not just the one requested. In this regard, it is recommended that RDNO as<br />
Transferee provide by way <strong>of</strong> resolution <strong>of</strong> the Board <strong>of</strong> Directors, written approval to release<br />
the subdivision restriction on that part <strong>of</strong> the subject property lying east <strong>of</strong> High Ridge Road in<br />
accordance with section 2.a) <strong>of</strong> Covenant KW5195. This would leave the terms <strong>of</strong> the covenant<br />
intact on what would be a 10 ha remainder <strong>of</strong> the subject property situated on the west side <strong>of</strong><br />
Highway 97 and on the three other lots within this subdivision.<br />
As noted above and should the Board approve the request to modify the no further subdivision<br />
covenant, a subdivision application will still be required for the proposed plan <strong>of</strong> subdivision. At<br />
that time, the applicant will be required to demonstrate that the proposed subdivision complies<br />
with all applicable <strong>Regional</strong> <strong>District</strong> bylaws and Provincial legislation.<br />
Page 83 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.1<br />
Legal Document Request<br />
10-0685-B-LD (Arda Consultants c/o David Pauls) Page 9<br />
SUMMARY:<br />
This legal document request is to have the Board discharge or modify a “no further subdivision<br />
covenant” from the title <strong>of</strong> the property in order to facilitate subdivision <strong>of</strong> another Country<br />
Residential lot. Due to the process that resulted in the original approvals <strong>of</strong> the parent parcel,<br />
this request is being brought forward to a Public Hearing concurrent with the Board’s<br />
consideration <strong>of</strong> a Development Variance Permit.<br />
REFERRALS:<br />
The application has been referred to the following for their review and comment:<br />
1. Electoral Area ‘B’ Director<br />
2. Electoral Area ‘B’ Advisory Planning Commission<br />
3. Electoral Area Advisory Committee<br />
4. Kelowna Pacific Railway<br />
5. Building Inspection Department<br />
6. Interior Health Authority<br />
No objection to the proposed release <strong>of</strong> this covenant to allow for future subdivisions.<br />
Drinking Water: The creation <strong>of</strong> very small water systems (i.e. four or five connections, as<br />
would be created in this instance) can lead to ongoing challenges with maintenance,<br />
governance and financial planning. It can be difficult to <strong>of</strong>fset the funding needed to<br />
provide adequate treatment for a surface water source if there are very few ratepayers<br />
connected to the system. As such, we have no objection to the removal <strong>of</strong> this covenant<br />
to allow for further subdivision on an individual drinking water supply source. Interior<br />
Health does recommend that private homeowners have their drinking water tested by an<br />
accredited laboratory for comparison to the Guidelines for Canadian Drinking Water<br />
Quality.<br />
Onsite Wastewater: It does not appear as though the release <strong>of</strong> this document would<br />
affect the ability <strong>of</strong> the property to utilize an onsite wastewater system. Interior Health<br />
reserves the right to further review this proposal at the subdivision stage.<br />
7. Ministry <strong>of</strong> Transportation and Infrastructure<br />
The Ministry <strong>of</strong> Transportation and Infrastructure has no objections to releasing covenant<br />
KW5195. This approval, in no way constitutes approval for the subdivision described in<br />
the Arda Consultants report dated July 19, 2010.<br />
8. Ministry <strong>of</strong> Environment / Ministry <strong>of</strong> Natural Resource Operations<br />
Comments from the Ecosystems Section <strong>of</strong> the Ministry <strong>of</strong> Natural Resource Operations<br />
(MNRO): To ensure proposed activities are planned and carried out with minimal impacts<br />
to the environment and in compliance with all relevant legislation, the proponent and<br />
approving agency are advised to adhere to guidelines in the provincial best management<br />
practices (BMP's) document: Develop with Care: Environmental Guidelines for Urban &<br />
Rural Land Development<br />
Page 84 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.1<br />
Legal Document Request<br />
10-0685-8-LD (Arda Consultants c/o David Pauls) Page 10<br />
Comments from the Water Section <strong>of</strong> MNRO (to applicant) : Attached are the two water<br />
licenses we discussed yesterday. It can clearly be seen that the dwellings on C117069<br />
are not located as per the subdivision plan. I have updated the application for<br />
Apportionment for C117069 and have noted that C066198 is also in Apportionment status.<br />
9. RDNO Engineering Department<br />
The property is located outside <strong>of</strong> the Greater Vernon Water service area and therefore no<br />
concerns.<br />
Submitted by:<br />
Approved For Inclusion:<br />
Rob Smailes, MCIP<br />
General Manager, Planning and Building<br />
Page 85 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.1<br />
File:<br />
Applicant:<br />
Location:<br />
ELECTORAL AREA “B”<br />
LEGAL DOCUMENT REQUEST<br />
SUBJECT PROPERTY MAP<br />
10-0685-B-LD<br />
WGP– 202 Ltd. c/o Arda Consultants<br />
415 Highridge Road<br />
Page 86 <strong>of</strong> 141
Page 87 <strong>of</strong> 141<br />
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.1
Page 88 <strong>of</strong> 141<br />
_ , ___ » _ >lU..., ....... "., ..<br />
~ s,+e,c -<br />
REFERENCE PLAN OF COVENANT AREAS IN LOTS 1,2,3 AND 4,<br />
PLAN KAP J2fli'i, SEC. 5, TP. 9, O.D. Y.D.<br />
Pursuant to Section 99 <strong>of</strong> the Land ntle Act<br />
S.C.G.S. No. 82L 014<br />
_SCilU·'1.' ~ ( .!" 11is:::.:r:" art: in meters end OtXim/'JI" t"crc<strong>of</strong> )<br />
LOT A<br />
5.E. 1/4 SEC.<br />
N.E. 1/4 SEC.<br />
•<br />
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.2<br />
REGIONAL DISTRICT<br />
<strong>of</strong><br />
NORTH OKANAGAN<br />
PLANNING DEPARTMENT<br />
INFORMATION REPORT<br />
DEVELOPMENT VARIANCE PERMIT APPLICATION<br />
Date: March 16, 2012<br />
File No.:<br />
Applicant:<br />
Legal Description:<br />
11-0685-B-DVP<br />
WGP-202 Holdings Ltd. c/o Arda Consultants Ltd.<br />
Lot 1, Sec 5, Twp 9, ODYD, Plan KAP80583<br />
P.I.D.# 026-623-625<br />
Civic Address:<br />
Property Size:<br />
Servicing:<br />
Zoning:<br />
O.C.P. Designation:<br />
Proposed Use:<br />
Proposed Variation:<br />
415 High Ridge Road<br />
12.2 ha<br />
Water license (Kalamalka Lake) and septic<br />
Country Residential (C.R)<br />
Country Residential<br />
Subdivision to create one 2.07 ha lot which would be in addition to<br />
(4) four lots created in 2006.<br />
Request to vary Section 402.3 <strong>of</strong> the Subdivision Servicing Bylaw<br />
which requires a community water system for all subdivisions <strong>of</strong><br />
five (5) lots or more.<br />
PLANNING DEPARTMENT RECOMMENDATION:<br />
That upon consideration <strong>of</strong> input from adjacent landowners, a Development Variance Permit be<br />
issued for the property legally described as Lot 1, Sec 5, Twp 9, ODYD, Plan KAP80583 and<br />
located at 415 High Ridge Road, Electoral Area “B” to vary:<br />
1. Section 402.3.f <strong>of</strong> Subdivision Servicing Bylaw No. 726, 1986 to permit, within an<br />
existing four lot subdivision, a fifth lot to be created and to be supplied with water from a<br />
licensed private water intake from Kalamalka Lake as shown on the subdivision plan<br />
attached to the Planning Department report dated March 16, 2012.<br />
BACKGROUND:<br />
This is an application to vary Section 402.3.f <strong>of</strong> the RDNO Subdivision Servicing Bylaw which<br />
requires that all subdivisions <strong>of</strong> five (5) lots or more, and all subdivisions having the potential for<br />
five (5) lots or more utilizing surface water as a source <strong>of</strong> supply, shall be provided with a<br />
community water system.<br />
F:\3000-3699 LAND ADMIN\3061 AREA B\_APPLICATIONS\DVP\2011\11-0685-B-DVP - WGP-202 - ARDA\11-0685-B-DVP -<br />
WGP-202 - ARDA - DVP Info Sheet.docx<br />
Page 89 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.2<br />
Development Variance Permit Application<br />
11-0685-B-DVP (WGP-202 c/o Arda Consultants) Page 2<br />
The subject property is one <strong>of</strong> four lots created by subdivision in 2006. The subject property<br />
(Lot 1) and one additional property (Lot 2) are in excess <strong>of</strong> 4.0 ha and thus have subdivision<br />
potential under the Country Residential zoning which permits lots with a minimum area <strong>of</strong> 2.0<br />
ha. However, when the parent parcel was rezoned from Large Holding to Country Residential in<br />
2003, the applicant (the developer at the time) <strong>of</strong>fered a Restrictive Covenant prohibiting further<br />
subdivision <strong>of</strong> the proposed parcels. The reason for the <strong>of</strong>fer <strong>of</strong> the covenant was to avoid the<br />
requirement to install a community water system in accordance with the RDNO Subdivision<br />
Servicing Bylaw which requires that a community water system be provided for subdivisions <strong>of</strong><br />
five (5) lots or greater. The covenant was subsequently registered (no. KW5195), the rezoning<br />
was approved, and the parent parcel was subdivided into four (4) lots.<br />
The owner <strong>of</strong> the subject property (Lot 1) has applied to discharge or modify Covenant KW5195<br />
on the title <strong>of</strong> Lot 1 and to vary the Subdivision Servicing Bylaw in order to permit a subdivision<br />
to create one additional lot that would be supplied with water from a private water intake on<br />
Kalamalka Lake (not a community water system). At the Regular Meeting <strong>of</strong> September 7, 2011<br />
the Board <strong>of</strong> Directors considered the application to discharge or modify the covenant and<br />
resolved to refer the request to a Public Hearing and further resolved that the request be<br />
considered concurrently with the application for Development Variance Permit (DVP). In this<br />
regard, the Public Hearing regarding discharge or amendment <strong>of</strong> Covenant KW5195 will be held<br />
concurrently with the Hearing for this proposed DVP.<br />
Site Context<br />
The subject property is located at 415 High Ridge Road and is vacant. As illustrated on the<br />
attached Subject Property Map, this 12.2 ha property is bisected by a major road corridor which<br />
includes West Ridge Road, Highway 97 and High Ridge Road. The larger <strong>of</strong> the two parts is a<br />
relatively steep 7.91 ha portion situated upslope and west <strong>of</strong> Highway 97. The portion <strong>of</strong> Lot 1<br />
subject <strong>of</strong> this application is 4.26 ha and situated on the east side <strong>of</strong> High Ridge Road. As<br />
shown on the attached plan <strong>of</strong> subdivision, the applicant is proposing to subdivide the 4.26 ha<br />
portion <strong>of</strong> Lot 1 into two parts consisting <strong>of</strong> a new 2.07 ha lot (proposed “Lot A”) and a 2.19 ha<br />
portion <strong>of</strong> the remainder which would remain linked to the 7.91 ha piece west <strong>of</strong> Highway 97.<br />
The result <strong>of</strong> the proposed subdivision would be one new 2.07 ha lot plus a 10.10 ha remainder.<br />
The subject property is designated Country Residential in Rural Vernon Official Community Plan<br />
Bylaw No. 1708, 2003 and it is zoned Country Residential (C.R) in the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong><br />
<strong>Okanagan</strong> Zoning Bylaw No. 1888, 2003.<br />
On the east side <strong>of</strong> High Ridge Road, adjacent properties are designated in the OCP as Country<br />
Residential and are zoned Country Residential (C.R). West <strong>of</strong> Highway 97, adjacent lands are<br />
zoned Large Holding (LH) and designated in the OCP as Large Holding and Agriculture, the<br />
latter <strong>of</strong> which are also within the Agricultural Land Reserve. All surrounding properties are<br />
undeveloped with the exception <strong>of</strong> a single family house on one lot flanking the east side <strong>of</strong> the<br />
subject property and a single family dwelling two lots to the southwest. The subject property<br />
overlooks but is separated from Kalamalka Lake by the CN Rail line which is down slope and<br />
flanks the south side <strong>of</strong> the property.<br />
Page 90 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.2<br />
Development Variance Permit Application<br />
11-0685-B-DVP (WGP-202 c/o Arda Consultants) Page 3<br />
The Proposal<br />
In 2003, the applicant undertook to rezone the parent parcel to Country Residential (C.R) and at<br />
that time voluntarily <strong>of</strong>fered to register a covenant restricting subdivision <strong>of</strong> the parent parcel to<br />
a maximum <strong>of</strong> four lots. The covenant was registered, the rezoning was approved and the four<br />
lot subdivision was completed in 2006. The applicant now proposes to create one more lot by<br />
subdividing Lot 1 <strong>of</strong> this four lot subdivision. The proposed one-lot subdivision would,<br />
essentially, be creating a fifth lot, which along with the other four lots, would not be serviced by<br />
a community water system but by individual water license for Kalamalka Lake. In the opinion <strong>of</strong><br />
staff, this would be contrary to the Subdivision Servicing Bylaw.<br />
The potential to discharge or modify the covenant is addressed in a separate Planning<br />
Department report for the Board’s consideration. The application subject <strong>of</strong> this report is a<br />
request for a variance from the Subdivision Servicing Bylaw requirement that all subdivisions <strong>of</strong><br />
five (5) lots or more, and all subdivisions having the potential for five (5) lots or more utilizing<br />
surface water as a source <strong>of</strong> supply, shall be provided with a community water system.<br />
The proposed new Lot A would be provided with water from a licensed water intake on<br />
Kalamalka Lake, serviced with on-site septic sewage disposal and accessed from High Ridge<br />
Road via an easement across the proposed remainder <strong>of</strong> Lot 1.<br />
OFFICIAL COMMUNITY PLAN:<br />
The subject property is designated Country Residential in Rural Vernon Official Community Plan<br />
(OCP) Bylaw No. 1708, 2003 which conditionally supports development into 2.0 ha minimum<br />
parcel sizes.<br />
While the policies <strong>of</strong> the Rural Lands section <strong>of</strong> the OCP are most applicable to OCP<br />
amendment and rezoning applications, they also have relevance to this Development Variance<br />
Permit application. Proposed new development within CR designated areas should be<br />
considered in conjunction with the following policies:<br />
(1) the area should not be subject to flooding, high water table or terrain instability;<br />
(2) the development <strong>of</strong> the area should not require excessive expenditures for community<br />
services such as roads, utility services and school busing;<br />
(3) the terrain should be suitable for development whereby each new lot would have a<br />
building site and driveway access in compliance with the “Zoning Bylaw”;<br />
(4) each new lot shall have an area that is adequate for on-site sewage disposal;<br />
(5) information should be provided to show how development can be supplied with an<br />
adequate water supply as outlined in Section D <strong>of</strong> the OCP;<br />
(6) Natural Features or other sensitive environmental attributes should not be negatively<br />
impacted by a higher density <strong>of</strong> land use and in this regard, the <strong>Regional</strong> <strong>District</strong> may<br />
request that an environmental impact analysis be undertaken;<br />
Page 91 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.2<br />
Development Variance Permit Application<br />
11-0685-B-DVP (WGP-202 c/o Arda Consultants) Page 4<br />
(7) the subject properties are outside an area where the long-term planning is to<br />
accommodate urban land uses such as within an area bounded by an ‘Urban<br />
Containment Boundary’ where parcels should be maintained in as large a size as<br />
possible to better facilitate urban development.<br />
As referenced in subsection (5) above, Section D.5 <strong>of</strong> the Official Community Plan states:<br />
Because <strong>of</strong> the importance <strong>of</strong> water supplies for new development and the uncertainty<br />
about water supply for some Rural Lands, assurance about water supply should be<br />
provided with a rezoning application or an application to amend this Plan and as<br />
appropriate, hydrogeological studies should be undertaken to determine impacts, if any,<br />
on existing wells in the neighbourhood and the local aquifer.<br />
The Natural Areas section <strong>of</strong> the OCP advises that, in the Commonage area, the slopes<br />
overlooking Kalamalka Lake are considered environmentally sensitive to development and that<br />
the <strong>Regional</strong> <strong>District</strong> will have due regard for the significance <strong>of</strong> these areas when reviewing<br />
land development proposals in the vicinity.<br />
The OCP states that the <strong>Regional</strong> Board has the objective to protect the environmentally<br />
sensitive shorezone ecosystem around Kalamalka Lake and to maintain water quality <strong>of</strong> the<br />
lake. The subject property is among the parcels in the vicinity <strong>of</strong> Kalamalka Lake which are<br />
designated as a Development Permit (DP) area for the protection <strong>of</strong> the natural environment, its<br />
ecosystems and biodiversity. The DP guidelines state that land within 15 m <strong>of</strong> the natural<br />
boundary <strong>of</strong> Kalamalka Lake should remain free <strong>of</strong> development with the exception <strong>of</strong> fencing,<br />
works and planting intended to control erosion and protect the lake and its habitats. It should be<br />
noted that the C.N. Railway line runs between the subject property and Kalamalka Lake and the<br />
shortest horizontal distance between the subject property and Kal Lake is approximately 75 m.<br />
ZONING BYLAW:<br />
The subject property is zoned Country Residential (C.R) which permits lots with a minimum area<br />
<strong>of</strong> 2.0 ha. Lots proposed for subdivision in the C.R zone must have lot frontage <strong>of</strong> not less than<br />
one-tenth <strong>of</strong> the perimeter <strong>of</strong> the lot. Permitted uses in the C.R zone include single and two<br />
family dwellings, home occupations, manufactured homes, community care facilities, veterinary<br />
clinics, wineries and cideries, work force housing units, fruit and produce pickers’ cabins,<br />
boarding houses, bed and breakfasts, ancillary single family dwellings, intensive and limited<br />
agricultural uses, limited resource use, accessory farm sales, and accessory buildings and<br />
structures.<br />
Of relevance to the subject property, the number <strong>of</strong> buildings per lot shall not be more than:<br />
a. one (1) single family dwelling or one (1) two family dwelling or one (1) manufactured<br />
home; and<br />
b. one (1) additional single family dwelling on lots 4 ha. or larger in size for lands outside <strong>of</strong><br />
the ALR; and<br />
c. one (1) Ancillary Single Family Dwelling on lands in and out <strong>of</strong> the ALR on lots <strong>of</strong> 2 ha or<br />
larger (subject to floor area limitations).<br />
Page 92 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.2<br />
Development Variance Permit Application<br />
11-0685-B-DVP (WGP-202 c/o Arda Consultants) Page 5<br />
If the proposed subdivision is approved and subject to meeting other zoning regulations and<br />
servicing requirements, the maximum number <strong>of</strong> dwelling units permitted by the C.R zoning<br />
would be one two family dwelling, plus one additional single family dwelling, plus one Ancillary<br />
Single Family Dwelling on the 10.1 ha remainder <strong>of</strong> the subject property. On the proposed new<br />
Lot A, (at 2.07 ha.) the maximum number <strong>of</strong> dwelling units permitted would be one two family<br />
dwelling plus one Ancillary Single Family Dwelling.<br />
The proposed new Lot A would be subject to the regulations <strong>of</strong> Section 310 <strong>of</strong> the Zoning Bylaw<br />
which specifies criteria related to driveway width, angle, grade and building site area and slope.<br />
PLANNING ANALYSIS:<br />
The Planning Department raises no objection to the proposed variance to the Subdivision<br />
Servicing Bylaw and, subject to consideration <strong>of</strong> input from adjacent land owners, recommends<br />
this application for Development Variance Permit be given favourable consideration.<br />
The four existing lots in this subdivision each have individual water licences and systems which<br />
pump water from Kal Lake. The proposed variance would facilitate a subdivision to create one<br />
additional lot serviced by a licensed private water source rather than a community water system.<br />
In conjunction with the applicant’s request to discharge or modify the covenant restricting any<br />
further subdivision, Interior Health Authority (IHA) commented that the creation <strong>of</strong> small water<br />
systems (i.e. four or five connections) can lead to ongoing challenges with maintenance,<br />
governance, and financial planning. IHA noted that it can be difficult to <strong>of</strong>fset the funding<br />
needed to provide adequate treatment for a surface water source if there are few ratepayers<br />
connected to the system. IHA had no objection to removal <strong>of</strong> the covenant to allow for further<br />
subdivision on an individual water supply source.<br />
In the event the variance is approved and the ‘no further subdivision’ covenant is discharged or<br />
modified, a number <strong>of</strong> other covenants and easements registered on the Title <strong>of</strong> the subject<br />
property will need to be reviewed and either discharged or modified prior to final approval <strong>of</strong> the<br />
proposed subdivision. These encumbrances, and a Development Permit approved in 2005 for<br />
the parent parcel <strong>of</strong> the subject property, are summarized below.<br />
Existing Development Permit, Covenants, and Easements<br />
In 2005, a Development Permit (No. 05-0284-B-DP) was registered on the parent parcel out <strong>of</strong><br />
which the subject property was created along with three other lots. The 2005 Development<br />
Permit (DP) was required because the property was designated in the Rural Vernon OCP as a<br />
DP area for the purpose <strong>of</strong> protection <strong>of</strong> the natural environment. The 2005 DP included site<br />
plans for each <strong>of</strong> the four lots and defined specific areas for building sites, sewage disposal<br />
areas, driveways, parking areas, and environmental protection areas. The 2005 DP did not<br />
include provision for a building site on proposed Lot A. The subject property remains<br />
designated as a DP area therefore, as a condition <strong>of</strong> subdivision, the applicant may be required<br />
to obtain a new Development Permit to address protection <strong>of</strong> the natural environment on<br />
proposed Lot A. There are DP exemptions defined in the Official Community Plan that may<br />
apply and these would be reviewed at such time as a subdivision referral is received by RDNO.<br />
Page 93 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.2<br />
Development Variance Permit Application<br />
11-0685-B-DVP (WGP-202 c/o Arda Consultants) Page 6<br />
Covenant KW5197 was registered on the parent parcel in January 2004 pursuant to Section<br />
219 <strong>of</strong> the Land Title Act in favour <strong>of</strong> the Minister <strong>of</strong> Water, Land, and Air Protection and the<br />
<strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong>. This covenant restricts development to specific Building<br />
Sites within four lots and identifies drainage courses, wildlife zones, and sensitive areas. As a<br />
condition <strong>of</strong> Development Permit 05-0284-B-DP, this covenant was to be amended to reflect the<br />
subdivision plan shown on Schedule A <strong>of</strong> the Development Permit, however it is apparent that<br />
the covenant was not amended and is therefore not consistent with the plan attached to the DP.<br />
This covenant does however designate a building site and no-build areas for the proposed new<br />
lot. Staff suggest that Covenant KW5197 may not need to be amended however this would<br />
need to be confirmed prior to final approval <strong>of</strong> subdivision.<br />
Covenant LA035539 was registered on the parent parcel in March 2006 pursuant to Section 219<br />
<strong>of</strong> the Land Title Act in favour <strong>of</strong> the Minister <strong>of</strong> Transportation and the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong><br />
<strong>Okanagan</strong>. This covenant specifies that no buildings, structures or improvements <strong>of</strong> any kind<br />
shall be constructed on any portion <strong>of</strong> Lots 1, 2, 3, and 4, Plan KAP80583 other than within the<br />
Building Site areas shown on Reference Plan KAP80588. This covenant does not designate a<br />
building site for proposed Lot A. Staff suggest that Covenant LA035539 be considered for<br />
potential discharge or modification to address proposed Lot A prior to final approval <strong>of</strong><br />
subdivision.<br />
Covenant KW5199 was registered on the parent parcel in January 2004 pursuant to Section<br />
219 <strong>of</strong> the Land Title Act in favour <strong>of</strong> the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong>. A “Storm<br />
Drainage Design and Management Memo” by R.D. Lewis & Associates Ltd. dated January 6,<br />
2003 forms Schedule “A” <strong>of</strong> this covenant. As a condition <strong>of</strong> Development Permit 05-0284-B-<br />
DP, this covenant was to be amended to reflect the subdivision plan shown on Schedule A <strong>of</strong><br />
the Development Permit, however it is apparent that the covenant was not amended and is<br />
therefore not consistent with the plan attached to the DP. The storm drainage drawing in the<br />
“Storm Drainage Design and Management Memo” (the Memo) does, however, address a<br />
building site in the location currently proposed for Lot A. The Memo also provides plans for<br />
Typical Building Site Temporary Construction and Permanent Run<strong>of</strong>f Control Features. These<br />
plans were intended to apply to all building sites within the parent parcel. In this regard, it is not<br />
deemed necessary to discharge or modify Covenant KW5199 for the purpose <strong>of</strong> subdivision to<br />
create proposed Lot A as the terms <strong>of</strong> the covenant remain relevant and applicable to the<br />
development <strong>of</strong> proposed Lot A.<br />
As previously noted, Covenant KW5195 was registered in January 2004 in conjunction with the<br />
rezoning <strong>of</strong> the property in response to the applicant’s <strong>of</strong>fer to register a Restrictive Covenant<br />
prohibiting further subdivision <strong>of</strong> the four (4) proposed parcels. The reason for the <strong>of</strong>fer <strong>of</strong> the<br />
covenant was to avoid the requirement to install a community water system in accordance with<br />
the RDNO Subdivision Servicing Bylaw which requires that a community water system be<br />
provided for subdivisions <strong>of</strong> five (5) lots or greater. The covenant was subsequently registered,<br />
the rezoning was approved, and the parent parcel was subdivided into four (4) lots. In October<br />
2010, the applicant requested to discharge or modify this covenant in order to subdivide one <strong>of</strong><br />
the four original lots to create one additional lot (for a total <strong>of</strong> five) to be serviced by a private<br />
water system. At the Regular Meeting <strong>of</strong> September 7, 2011 the Board <strong>of</strong> Directors considered<br />
the applicant’s request and resolved to present the request at a Public Hearing, and further, to<br />
consider the request concurrently with an application for a Development Variance Permit to vary<br />
the Subdivision Servicing Bylaw requirement for a community water system related to the<br />
proposed subdivision <strong>of</strong> the subject property.<br />
Page 94 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.2<br />
Development Variance Permit Application<br />
11-0685-B-DVP (WGP-202 c/o Arda Consultants) Page 7<br />
It is to be noted that section 2.a) <strong>of</strong> Covenant KW5195 states:<br />
The use <strong>of</strong> the Lands is restricted in that the Lands may not be subdivided into any more<br />
than four (4) separate lots, without prior written approval <strong>of</strong> the Transferee.<br />
The <strong>Regional</strong> <strong>District</strong> is the only Transferee named in this covenant. Therefore, it is apparent<br />
that with written approval <strong>of</strong> RDNO, and without the need to formally discharge or amend the<br />
covenant, the “four lots only” restriction could be lifted.<br />
In addition to the covenants, two easements are registered on the Title <strong>of</strong> the subject property<br />
which provide for access and utility corridors through the subject property. Easement Plan<br />
KAP80587 is a linear corridor extending from Kalamalka Lake through Lot 2 to the previously<br />
approved building site on Lot 1 (the subject property). The applicant has advised that this<br />
easement corridor accommodates three pumps at Kalamalka Lake, plus three water lines and<br />
three electrical cables which extend to the approved building sites on Lots 1 and 2 as well as to<br />
the proposed building site on proposed Lot A.<br />
The applicant has provided documentation confirming that five water licences are in place to<br />
service the existing four lot subdivision plus proposed lot Lot A with water from Kalamalka Lake.<br />
In their DVP application, the applicant states that the Subdivision Servicing Bylaw:<br />
is proposed to be varied to accept the fifth lot, especially since provision for an individual<br />
water service to the lake (tubing pipe and electrical) was installed with the initial<br />
subdivision and is in place.<br />
Clearly, when the four lot subdivision was developed it was anticipated by the developer that a<br />
fifth lot may eventually be created. This fact, however, does not in itself justify approval <strong>of</strong> a<br />
variance to the Subdivision Servicing Bylaw. The Public Hearing held at the time <strong>of</strong> rezoning<br />
was for a four lot subdivision. Discharge or modification <strong>of</strong> the “no further subdivision” covenant<br />
or alternatively, written approval to lift the subdivision restriction, together with the proposed<br />
variance from the Subdivision Servicing Bylaw would facilitate creation <strong>of</strong> a fifth lot which would<br />
increase in the density <strong>of</strong> development in this subdivision. Accordingly, as resolved by the<br />
Board on September 7, 2011, the Public Hearing for the covenant will be held concurrent with<br />
the hearing for the DVP, in order that adjacent land owners and the public will have the<br />
opportunity to express their opinions on both matters directly to the Board.<br />
SUMMARY:<br />
This is an application to vary Section 402.3.f <strong>of</strong> the Subdivision Servicing Bylaw which requires<br />
that all subdivisions <strong>of</strong> five lots or more, utilizing surface water as a source <strong>of</strong> supply, shall be<br />
provided with a community water system. The variance is requested in order that the applicant<br />
may subdivide the subject property to create one additional lot which would essentially be a fifth<br />
lot added to an existing four lot subdivision serviced by individual surface water supply systems<br />
using Kalamalka Lake as the source.<br />
The Planning Department raises no objection to the proposed variance and concurs with the<br />
Interior Health comments that maintenance, governance, and financial planning can be<br />
challenging for small community water systems. Had the developer provided a community<br />
water system when the original subdivision was approved in 2006, five lots could have been<br />
developed. The proposed variance simply alters the means by which the lots would be serviced<br />
with domestic water.<br />
Page 95 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.2<br />
Development Variance Permit Application<br />
11-0685-B-DVP (WGP-202 clo Arda Consultants) Page 8<br />
The proposed one lot subdivision is generally in accordance with the Country Residential<br />
designation <strong>of</strong> the Official Community Plan in that the area is not subject to flooding , high water<br />
table or terrain instability, the development should not require excessive expenditures for<br />
community services, and the area is outside <strong>of</strong> any Urban Containment Boundary. If the DVP is<br />
approved, the subdivision process will address matters related to the establishment <strong>of</strong> a suitable<br />
building site, driveway access and sewage disposal area . Water supply to the proposed lot is<br />
confirmed with the existence <strong>of</strong> water licences authorizing water service to a total <strong>of</strong> five lots<br />
within this subdivision. Environmentally sensitive areas are protected by Covenant KW5197<br />
which remains applicable to the subject property. This covenant identifies a building site for the<br />
proposed new lot and defines "Wildlife Zones & Sensitive Areas" that are to rema in free <strong>of</strong> any<br />
buildings, driveways, utilities and landscaping.<br />
Subject to consideration <strong>of</strong> input from adjacent land owners, the Planning Department<br />
recommends this application for Development Variance Permit be given favourable<br />
consideration.<br />
REFERRALS:<br />
The application has been referred to the following for their review and comment:<br />
1. Electoral Area 'B' Director<br />
2. Electoral Area 'B' Advisory Planning Commission<br />
3. Electoral Area Advisory Committee<br />
4. Building Inspection Department<br />
5. Interior Health Authority<br />
With lot sizes '" 2 ha. on private and separate drinking water supplies, our <strong>of</strong>fice has no<br />
comments per the February 2011 Interior Health Subdivision Guideline.<br />
6. Ministry <strong>of</strong> Transportation and Infrastructure<br />
7. Ministry <strong>of</strong> Environment I Ministry <strong>of</strong> Natural Resource Operations<br />
Submitted by:<br />
~ -<br />
Ie Skobalskl, MCIP<br />
Planner<br />
Approved For Inclusion:<br />
Endorsed by:<br />
Rob Smailes, MCIP<br />
General Manager, Planning and Building<br />
Page 96 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.2<br />
File:<br />
Applicant:<br />
Location:<br />
ELECTORAL AREA "B"<br />
DEVELOPMENT VARIANCE PERMIT APPLICATION<br />
SUBJECT PROPERTY MAP<br />
11-0685-B-DVP<br />
WGP-202 c/o Arda Consultants Ltd.<br />
415 High Ridge Road<br />
v<br />
ElECTORAL AReA '0"<br />
N1/2 OF SW 114<br />
S1/2 OF SW 1/4<br />
Subject Property<br />
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Kalamalka Lake<br />
FRAC<br />
$W1/4<br />
~--------~--------------------~<br />
Page 97 <strong>of</strong> 141
Page 98 <strong>of</strong> 141<br />
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.2
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Page 99 <strong>of</strong> 141<br />
REFERENCE PLAN OF COVENANT AREAS IN LOTS 1,2,3 AND 4,<br />
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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.2
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.3<br />
REGIONAL DISTRICT<br />
<strong>of</strong><br />
NORTH OKANAGAN<br />
PLANNING DEPARTMENT<br />
INFORMATION REPORT<br />
APPLICATION UNDER SECTION 20(3) OF THE<br />
AGRICULTURAL LAND COMMISSION ACT<br />
Date: April 17, 2012<br />
File No.:<br />
Applicant:<br />
Legal Description:<br />
11-0719-F-ALR<br />
Randy & Kim Tubb<br />
That Part <strong>of</strong> the NW ¼ on Plan B601, Sec 19, Twp 19. R8, W6M,<br />
KDYD, Except Plans B5954 and 40144 AND Lot 1, Sec 19, Twp<br />
19, R8, W6M, KDYD, Plan 40144<br />
P.I.D.# 011-916-168 AND 011-916-834<br />
Civic Address:<br />
Property Size:<br />
Servicing:<br />
7023 and 7025 Highway 97A<br />
7.46 ha (18.43 acres) AND 0.32 ha (0.80 acres)<br />
On-site septic / Wells / Shuswap River<br />
Soil Classification: Class 2 and 3<br />
Zoning:<br />
O.C.P. Designation:<br />
Proposed Use:<br />
Large Holdings (L.H)<br />
Agricultural / Major Road / Development Permit Area<br />
Golf course with clubhouse and 16 RV campsites<br />
PLANNING DEPARTMENT RECOMMENDATION:<br />
That the application <strong>of</strong> Randy & Kim Tubb under Section 20(3) <strong>of</strong> the Agricultural Land<br />
Commission Act for a non-farm use related to the proposed alteration <strong>of</strong> a golf course<br />
clubhouse and parking lot and the addition <strong>of</strong> 16 recreational vehicle campsites on the<br />
properties legally described as That Part <strong>of</strong> the NW ¼ on Plan B604, Sec 19, Twp 19. R8, W6M,<br />
KDYD, Except Plans B5954 and 40144 AND Lot 1, Sec 19, Twp 19, R8, W6M, KDYD, Plan<br />
40144 and located at 7023 & 7025 Highway 97A, Electoral Area ‘F’ not be authorized for<br />
submission to the Agricultural Land Commission.<br />
F:\3000-3699 LAND ADMIN\3067 AREA F\3067 - APPLICATIONS\ALR\2011\11-0719-F-ALR - BLUEBEAR - TUBB\11-0719-F-<br />
ALR- BLUEBEAR - TUBB - ALR Info Sheet REVISED 120417.docx<br />
Page 100 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.3<br />
Agricultural Land Commission Application<br />
11-0719-F-ALR (Randy & Kim Tubb) Page 2<br />
BACKGROUND:<br />
This report relates to an application under Section 20(3) <strong>of</strong> the Agricultural Land Commission<br />
(ALC) Act for a non-farm use <strong>of</strong> the properties located at 7023 and 7025 Highway 97A.<br />
‘Birchdale Golf Course’ operates seasonally on both properties. The property owners are<br />
seeking to alter the golf course by converting an existing dwelling into a clubhouse; relocating<br />
the main parking area; and creating 16 recreational vehicle campground spaces.<br />
Site Context<br />
The subject properties are located on the east side <strong>of</strong> Highway 97A north <strong>of</strong> Grindrod. A<br />
tributary <strong>of</strong> Lambert Creek crosses through the properties which are flat and have been used for<br />
golf course purposes since 1970. The property located at 7023 Highway 97A contains the golf<br />
course, clubhouse, two parking areas for up to 34 vehicles and a single family dwelling. Access<br />
to the property is gained from Highway 97A via the panhandle portion <strong>of</strong> the property.<br />
The property located at 7025 Highway 97A contains a single family dwelling and the #2 tee box<br />
<strong>of</strong> the golf course. A 1991 easement between the two parcels is registered on title granting<br />
access and ability to ‘maintain and operate a golf course including a tee <strong>of</strong>f area’, identified as<br />
the southern 0.108 ha portion <strong>of</strong> the lot for this purpose. Access is gained from Highway 97A at<br />
the northwest corner <strong>of</strong> the lot by using the driveway located on the panhandle portion <strong>of</strong> 7023<br />
Highway 97A. The access is not protected by legal agreement between the two properties.<br />
The following is an ortho photo taken <strong>of</strong> the properties in 2007:<br />
Page 101 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.3<br />
Agricultural Land Commission Application<br />
11-0719-F-ALR (Randy & Kim Tubb) Page 3<br />
The subject and surrounding properties are within the Agricultural Land Reserve (ALR). The<br />
subject properties and those to the north and south are zoned Large Holdings (L.H) and<br />
designated in the Official Community Plan as Agricultural. To the west (across Highway 97A)<br />
are river front lots that are zoned and designated Small Holdings. The property to the east is<br />
zoned Non Urban (N.U) and designated Agricultural. Hwy 97A is designated as a Major Road.<br />
Agricultural Land Commission Application History<br />
In 1988, the ALC approved a proposal to subdivide the property located at 7025 Highway 97A to<br />
create the 0.32 ha property located at 7023 Highway 97A. The approval to subdivide the<br />
property was granted under Section 20(1) <strong>of</strong> the ALC Act and Section 946 <strong>of</strong> the Local<br />
Government Act.<br />
In 2001, the owners <strong>of</strong> the property located at 7025 Hwy 97A requested approval <strong>of</strong> the ALC to<br />
construct a building addition to an existing dwelling for the purpose <strong>of</strong> creating a restaurant.<br />
Staff advised the Board that the property would need to be rezoned in order to permit the<br />
proposed commercial (restaurant) use. The Board authorized the application to be forwarded to<br />
the ALC and resolved to “recognize the existing golf course use ... without prejudice on any<br />
rezoning application...”. The ALC allowed the construction <strong>of</strong> the building addition and stated<br />
that the property “remains subject to the provisions <strong>of</strong> the ALC Act”. To date, no Building<br />
Permits or rezoning applications have been submitted for a restaurant building addition.<br />
It should be noted that between 1988 and 1991 the Agricultural Land Commission, through<br />
regulation introduced by the Provincial Cabinet, lost its authority to allow or refuse golf courses<br />
in the ALR. This resulted in a number <strong>of</strong> new golf courses with both residential and recreational<br />
developments being allowed within the ALR. A moratorium on new proposals was introduced in<br />
1991. Since that time any application for a golf course or recreational accommodations in the<br />
ALR require a non-farm use application.<br />
Agricultural Capability <strong>of</strong> the Subject Property<br />
The Canada Land Inventory agricultural capability classification system groups land into seven<br />
classes according to the land’s potential and limitations for agricultural use depending on soil<br />
and climate characteristics. Class 1 land is capable <strong>of</strong> producing the very widest range <strong>of</strong> crops<br />
whereas Class 7 land has no capability for soil bound agriculture. As the class numbers<br />
increase from Class 1 to 7, the range <strong>of</strong> crops decreases. Associated with each class is a<br />
subclass that identifies limitations or special management practices needed to improve the soil.<br />
The classification usually gives land two ratings: unimproved and improved. Unimproved ratings<br />
describe the land in its native condition. Improved ratings indicate the land’s potential once<br />
management practises have been implemented, such as irrigation, stone removal or drainage.<br />
The Inventory rates the subject property as 70% Class 3 and 30% Class 2 with the same<br />
improved rating. The subclasses associated with this rating are identified as minor cumulative<br />
limitations and excess groundwater. Class 3 land is capable <strong>of</strong> producing a fairly wide range <strong>of</strong><br />
crops under good management practices. Soil and/or climate limitations are somewhat<br />
restrictive. Class 2 land is capable <strong>of</strong> producing a wide range <strong>of</strong> crops. Minor restrictions <strong>of</strong> soil<br />
or climate may reduce capability but pose no major difficulties in management.<br />
Page 102 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.3<br />
Agricultural Land Commission Application<br />
11-0719-F-ALR (Randy & Kim Tubb) Page 4<br />
The Proposal<br />
The purpose <strong>of</strong> the application is to alter the use <strong>of</strong> the golf course by demolishing the older<br />
dwelling located on the larger parcel to create 16 gravel RV campground spaces and overflow<br />
parking. The existing clubhouse would be revamped for washrooms. The existing workshop<br />
would be retained. On the smaller parcel the tee box would remain and a paved 36 stall parking<br />
lot with access from the panhandle on the adjacent property would be installed for use by day<br />
golfers. The existing dwelling would be converted into a new clubhouse. No changes are<br />
contemplated for the golf course fairways or greens.<br />
AGRICULTURAL LAND COMMISSION ACT AND REGULATIONS:<br />
Section 23 <strong>of</strong> the ALC Act outlines exceptions to a non farm use, stating that the restrictions on<br />
the use <strong>of</strong> agricultural land do not apply to land lawfully used for a non-farm use, established<br />
and carried on continuously for at least 6 months immediately before December 21, 1972,<br />
unless or until the use is changed, other than to farm use, without the permission <strong>of</strong> the<br />
commission; an enactment made after December 21, 1972, prohibits the use, or permission for<br />
the use granted under an enactment is withdrawn or expires.<br />
Agri-tourism Accommodation<br />
Part 3 <strong>of</strong> the ALC Regulations allow accommodations for up to 10 RV sites unless otherwise<br />
prohibited by a local government bylaw on properties classified as a farm under the Assessment<br />
Act. The subject properties are not classified as farms and as outlined below, the <strong>Regional</strong><br />
<strong>District</strong> Zoning Bylaw does not permit agri-tourism accommodations on the properties.<br />
OFFICIAL COMMUNITY PLAN:<br />
The subject property is designated in the Electoral Area “F” Official Community Plan as<br />
Agricultural. The following Agricultural Policies are relevant to this application:<br />
Agricultural Policies<br />
1. All uses and subdivision <strong>of</strong> agricultural land, except those exempted under Part 2 and Part 5<br />
respectively <strong>of</strong> the Agricultural Land Reserve Use, Subdivision and Procedure Regulation,<br />
B.C. Reg. 171/2002 shall be in accordance with the provisions <strong>of</strong> the Agricultural Land<br />
Commission Act, regulations thereto, and the orders <strong>of</strong> the Commission.<br />
2. Parcel sizes are to be consistent with the agricultural capability and productivity bearing in<br />
mind that land with lower capability and productivity requires larger acreage. However, this<br />
condition should not be used to build a case for exclusion <strong>of</strong> existing small parcels which are<br />
in agricultural use and have a capability for agriculture.<br />
3. Lands within the Agricultural Land Reserve shall be protected from conflict with nonagricultural<br />
use by a separation varying with the type and intensity <strong>of</strong> conflicting land use<br />
through adoption <strong>of</strong> appropriate setbacks and buffering within the non-agricultural areas, in<br />
which the recommendations <strong>of</strong> the Ministry <strong>of</strong> Agriculture and Lands shall be considered.<br />
4. Notwithstanding the minimum lot size standards and land use policies cited in this Plan or<br />
the <strong>Regional</strong> <strong>District</strong> Zoning Bylaw in force from time to time or any other policy or bylaw that<br />
has been adopted to guide decision-making, the <strong>Regional</strong> Board may, after due<br />
consideration, not authorize an application to the Commission if the proposed subdivision or<br />
use would have a negative impact on agricultural land or the farming community.<br />
Page 103 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.3<br />
Agricultural Land Commission Application<br />
11-0719-F-ALR (Randy & Kim Tubb) Page 5<br />
Commercial Policies<br />
If the non-farm use application is successful, the property would need to be rezoned, in which<br />
case the following Commercial policies should be considered:<br />
1. Recreation Commercial uses shall be considered at suitable locations adjacent to Mara Lake,<br />
Mabel Lake, the Shuswap River, in close proximity to suitable intersections with amenities<br />
and/or existing commercial facilities on Highway No. 97A provided that safe access to the<br />
Highway is possible. Furthermore, where feasible, direct access from Highway 97A will be<br />
discouraged in favour <strong>of</strong> alternate internal road accesses.<br />
2. In keeping with the Economic Objectives <strong>of</strong> this Plan, the <strong>Regional</strong> Board supports<br />
development <strong>of</strong> recreation commercial accommodation uses, including rental cabins and<br />
campgrounds that are oriented towards tourists. To ensure availability <strong>of</strong> these uses for<br />
tourists and the general public alike, the <strong>Regional</strong> Board may require covenants to restrict<br />
further subdivision as a condition precedent to approvals when considering C-5; “Recreation<br />
Commercial” or C-6; “Recreational Vehicle Campground/Resort Commercial” community plan<br />
amendment and/or rezoning applications.”<br />
3. In accordance with the provisions <strong>of</strong> Section XI <strong>of</strong> this Plan, land designated as 'Commercial'<br />
is also designated as a Development Permit Area in matters concerning the protection <strong>of</strong><br />
development from hazardous conditions, the protection <strong>of</strong> the natural environment, its<br />
ecosystems and biological diversity and respecting the form and character <strong>of</strong> development.<br />
4. All OCP Amendment Applications for Commercial uses shall be subject to a Public<br />
Information Meeting to be hosted in the community by the applicant prior to scheduling <strong>of</strong> a<br />
Public Hearing.<br />
5. Upon receipt <strong>of</strong> a plan amendment, rezoning or subdivision application for commercial<br />
development the <strong>Regional</strong> Board will consider the following:<br />
a. the recreation carrying capacity <strong>of</strong> the local area with regards to geographic limitations,<br />
protection <strong>of</strong> the natural environment, its ecosystems and biological diversity, traffic<br />
and circulation, and access to existing and new recreation facilities;<br />
b. a form and character that compliments and enhances the local built from and<br />
surrounding natural area as set out in Section XI. <strong>of</strong> this Plan; and,<br />
c. the development must be serviced with a potable water supply; provide for the<br />
collection, treatment and disposal <strong>of</strong> sewage and must provide for the collection,<br />
treatment and disposal <strong>of</strong> stormwater; and<br />
d. access to a public road system meeting Ministry <strong>of</strong> Transportation standards in which<br />
emergency egress must be considered particularly in wildfire interface areas; and<br />
e. suitable buffering within the non-agricultural lands where the development is located in<br />
the Agricultural Land Reserve or where the development abuts land in the ALR.<br />
Development Permit Areas<br />
The portions <strong>of</strong> the subject properties located within 30 m <strong>of</strong> the tributary <strong>of</strong> Lambert Creek are<br />
identified as being within a Development Permit Area for the Protection <strong>of</strong> the Natural<br />
Environment. A Development Permit in this regard would be required where development or<br />
land alterations are proposed within the 30 m setback area.<br />
The rear eastern portion <strong>of</strong> the large parcel is within the floodplain <strong>of</strong> the Shuswap River and is<br />
designated as a Development Permit Area for the Protection <strong>of</strong> Development from Hazardous<br />
Conditions. As development is not proposed within the floodplain area, issuance <strong>of</strong><br />
Development Permit in this regard is not required.<br />
Page 104 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.3<br />
Agricultural Land Commission Application<br />
11-0719-F-ALR (Randy & Kim Tubb) Page 6<br />
If the properties were successfully rezoned to Commercial, a Development Permit for a<br />
commercial form and character would be required.<br />
ZONING BYLAW:<br />
The subject properties are zoned Large Holding (L.H). Uses permitted in the L.H. zone include<br />
accessory farm sales, bed and breakfast uses, boarding house uses, fruit and produce pickers’<br />
cabins and work force housing units on lots 4 ha or larger, home occupations uses, packing<br />
houses, public parks and playgrounds, resource use, spray irrigation programs, limited and<br />
intensive agricultural use, community care facilities, veterinary clinics, wineries and cideries,<br />
single and two family dwellings, ancillary dwellings and manufactured homes.<br />
Recreation Commercial Zone (C.5)<br />
If the non-farm use application is successful, the proposed uses would need consideration <strong>of</strong> an<br />
Official Community Plan amendment and rezoning that would allow the properties to be rezoned<br />
to the Recreation Commercial (C.5) zone which allows the following uses:<br />
accommodation including campgrounds, cabins, hotels, motels, and one (1) dwelling unit<br />
for the owner, operator, or employee <strong>of</strong> the principal and permitted use; entertainment and<br />
recreation facilities, golf courses and driving ranges, health spas, marinas, museums,<br />
outdoor entertainment, amusement and recreation facilities, sports clubs, sports facilities,<br />
theatres, tourist amusement facilities, theme parks, and zoos; food service including c<strong>of</strong>fee<br />
shops, dairy bars, and restaurants; water storage and bulk distribution facilities on same lot<br />
as water source; retail sales and storage <strong>of</strong> boats, gasoline and motor oil, recreation vehicles,<br />
and sporting goods; service and repair including recreation vehicle storage, servicing and<br />
rental, service stations; taxidermists; rapid infiltration and spray irrigation <strong>of</strong> treated sewage<br />
effluent; seasonal use; temporary accommodation use; shooting ranges.<br />
The minimum lot size standard in the C.5 zone is 1 ha (2.471 acres).<br />
Parking and Landscaping<br />
The required number <strong>of</strong> paved parking spaces for a regulation golf course is 75 stalls per 9<br />
holes and 36 stalls per 9 holes for a pitch and putt or executive golf course. Restaurants require<br />
10.6 spaces per 100 m 2 <strong>of</strong> building. A campground requires 1 stall per camping space plus 2<br />
vehicle parking spaces. RV spaces must have a clear width <strong>of</strong> not less than 4 m and a clear<br />
length not less than 12 m together with a maneuvering aisle width <strong>of</strong> not less than 12 m. All<br />
recreational vehicle parking are included in the calculations for the total required parking.<br />
In accordance with the above, the golf course would require 36 parking stalls and the restaurant<br />
would require approximately 10 stalls. The proposed RV spaces are large enough to<br />
accommodate the required number <strong>of</strong> parking stalls associated with the RV spaces.<br />
Landscaping in the form <strong>of</strong> a 7.5 m wide buffer area would be required along the full length <strong>of</strong><br />
Highway 97A with the exception <strong>of</strong> access points.<br />
Page 105 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.3<br />
Agricultural Land Commission Application<br />
11-0719-F-ALR (Randy & Kim Tubb) Page 7<br />
Campground Regulations<br />
The proposal development requires the issuance <strong>of</strong> a Campground Permit. Approval <strong>of</strong> a<br />
Campground Permit may not be given until it has been demonstrated that the proposal complies<br />
with the campground regulations <strong>of</strong> the Zoning Bylaw and that sewage disposal and water<br />
supply systems have been approved.<br />
Permitted Uses <strong>of</strong> Land, Buildings and Structures<br />
Section 305.3 <strong>of</strong> the Zoning Bylaw No. 1888, 2003 states that regulations governing nonconforming<br />
use are set forth in the Local Government Act and a use that was non-conforming or<br />
unlawful under the previous Zoning Bylaw No. 725, 1986 shall continue to be non-conforming or<br />
unlawful unless it is in full compliance with Zoning Bylaw No. 1888. The use <strong>of</strong> the land as a<br />
golf course predates the current and previous Bylaw No. 725, 1986; however, under previous<br />
Zoning Bylaws dating back to 1968, the use <strong>of</strong> the land as a golf course was never permitted.<br />
PLANNING ANALYSIS:<br />
The subject properties have been used for golf course purposes since 1970. At that time, the<br />
<strong>Regional</strong> <strong>District</strong> Zoning Bylaw did not legally sanction <strong>of</strong> use <strong>of</strong> the property as a golf course<br />
and to this day, the Zoning Bylaw has not been amended to legally sanction the use. Lawful or<br />
not, to alter the current use <strong>of</strong> the golf course as proposed, the approval <strong>of</strong> the subject<br />
application and an application to rezone the properties are required.<br />
As the proposed land use and building alterations must be approved by the ALC through the<br />
subject application and by the <strong>Regional</strong> <strong>District</strong> through an Official Community Plan and Zoning<br />
Amendment application, it is necessary to consider the proposal against the Agricultural Policies<br />
<strong>of</strong> the Electoral Area “F” OCP. In this regard, it is suggested that the proposal, including both<br />
the golf course use and the campground use, is not supported by the OCP as it: does not<br />
comply with the provisions <strong>of</strong> the ALC Act and Regulations; mau have the potential to conflict<br />
with adjacent agricultural uses; and may negatively impact the potential agricultural use <strong>of</strong> the<br />
subject property.<br />
If it were only necessary to consider approval <strong>of</strong> the campground use, it is suggested that such<br />
a use would still not comply with the same Policies <strong>of</strong> the OCP, albeit to a lesser degree. In this<br />
regard, it is noted that the new golf course parking area is proposed to be developed on the<br />
property located at 7025 Hwy 97A, which due to its size, has limited agricultural potential, and<br />
that the proposed campground area is proposed to be developed on a portion <strong>of</strong> the property<br />
located at 7023 Hwy 97A which has already been developed, in part, for golf course parking and<br />
clubhouse purposes.<br />
The Planning Department acknowledges that the golf course use has been in existence for over<br />
forty years and that the <strong>Regional</strong> <strong>District</strong> has not taken action to require that the use be brought<br />
into compliance with the Zoning Bylaw. This however does not mean that the <strong>Regional</strong> <strong>District</strong><br />
supports the use <strong>of</strong> the properties for golf course purposes. This is demonstrated by the fact<br />
that the zoning and OCP land use designation <strong>of</strong> the properties have not been changed to<br />
permit the golf course use and both the Zoning Bylaw and the Electoral Area “F” OCP have<br />
undergone several reviews since the golf course was first developed.<br />
Page 106 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.3<br />
Agricultural Land Commission Application<br />
11-0719-F-ALR (Randy & Kim Tubb) Page 8<br />
Staff recognize that the Board may wish to legalize the use <strong>of</strong> the existing golf course, it could<br />
do so by directing staff to prepare the necessary amendments to the Zoning Bylaw and<br />
Electoral Area “F” OCP. Such an amendment to legalize what currently exists would not require<br />
the approval <strong>of</strong> the ALC as the existing use predates the inception <strong>of</strong> the ALR. Should the<br />
Board wish to support the subject application, it could do so by forwarding the application to the<br />
ALC. If the ALC supports the application, it would then be necessary to amend the Zoning<br />
Bylaw and OCP prior to issuing Building, Development Permit and Campground Permits<br />
associated with the proposal.<br />
SUMMARY:<br />
The property owners are seeking approval <strong>of</strong> the Agricultural Land Commission to alter the<br />
Birchdale Golf Course located at 7023 and 7025 Highway 97A by converting an existing<br />
dwelling into a clubhouse, relocating the main parking area, and creating 16 recreational vehicle<br />
campground spaces. It is recommended that this proposal not be supported as it does not<br />
conform with the Agricultural designation <strong>of</strong> the properties or with the Agricultural Policies <strong>of</strong> the<br />
Electoral Area “F” Official Community Plan. It is acknowledged that the golf course use has<br />
been in existence for over forty years, however, the use is a non-conforming use as it relates to<br />
the <strong>Regional</strong> <strong>District</strong> Zoning Bylaw and also, the Electoral Area “F” OCP and the Zoning Bylaw<br />
have never been amended to recognize this use.<br />
REFERRALS:<br />
The application has been referred to the following for their review and comment:<br />
1. Electoral Area ‘F’ Director<br />
2. Electoral Area ‘F’ Advisory Planning Commission<br />
3. Electoral Area Advisory Committee<br />
4. Building Inspection Department<br />
No objections.<br />
5. Ministry <strong>of</strong> Transportation and Infrastructure<br />
The Ministry has no objections, in principal, to the non-farm use and the land and proposed<br />
changes in layout. However, our records show that there is not a valid and subsisting<br />
Controlled Access (CA) Permit issued for the Golf Course. The following is required to<br />
legalize the Commercial Access to a Controlled Access Highway: Landowner to apply for<br />
and receive a CA permit. In the application, we will require details regarding the number <strong>of</strong><br />
parking stall and RV sites proposed to be developed. Landowner is to ensure any new<br />
development occurs within the property boundaries and does not encroach onto highway<br />
right-<strong>of</strong>-way. Furthermore, any structures must adhere to Sec 12 <strong>of</strong> BC Reg 513/2004 which<br />
requires 4.5m setback from the highway right-<strong>of</strong>-way boundary.<br />
Page 107 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.3<br />
Agricultural Land Commission Application<br />
11·0719·F·ALR (Randy & Kim Tubb)<br />
Page 9<br />
6. Interior Health Authority<br />
Interior Health records indicate that this property operates as the Birchdale Golf Course with<br />
Operating Permits issued by Interior Health for a drinking water supply system and a food<br />
serve facility. The last inspection <strong>of</strong> these facilities by our department was conducted on<br />
June 8th, 2010 (drinking water system) & July 21, 2011 (food service facility).<br />
Interior Health advises that approvals are required for the proposed drinking water sources,<br />
food service facility, and on·site wastewater disposal.<br />
7. Agricultural Land Commission<br />
8. Ministry <strong>of</strong> Agriculture and Lands<br />
Submitted by:<br />
Caren Walker<br />
Planning Technologist<br />
Approved For Inclusion:<br />
Endorsed by:<br />
Rob Smailes, MCIP<br />
General Manager, Planning and Building<br />
Page 108 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.3<br />
ELECTORAL AREA "F"<br />
AGRICULTURAL LAND COMMISSION APPLICATION<br />
SUBJECT PROPERTY MAP<br />
File: 11 ·0719·F·ALR<br />
Applicant: Bluebear Holdings c/o Randy & Kim Tubb<br />
Location: 7023 & 7025 Hwy 97 A<br />
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Subject Properties<br />
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C.T. 22302S.F<br />
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II.<br />
Page 109 <strong>of</strong> 141
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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.4<br />
REGIONAL DISTRICT<br />
<strong>of</strong><br />
NORTH OKANAGAN<br />
REPORT<br />
File No. : 3045.10.10<br />
TO:<br />
FROM:<br />
DATE:<br />
SUBJECT:<br />
Electoral Area Advisory Committee<br />
Anthony Kittel, <strong>Regional</strong> Growth Strategy Coordinator<br />
March 22, 2012<br />
Electoral Area Annexation Impact Study Funding Options<br />
RECOMMENDATION:<br />
That the Electoral Area Advisory Committee consider a combination <strong>of</strong> the potential funding sources<br />
outlined in the staff report dated March 22, 2012 regarding Electoral Area Annexation Impact Study<br />
Funding Options when resourcing Phase II <strong>of</strong> the Study.<br />
DISCUSSION:<br />
The <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> selected Urban Systems to undertake Phase I <strong>of</strong> the<br />
Electoral Area Annexation Impact Study (,the Project') and the report was competed in January 2012.<br />
It was anticipated that Phase II would begin in 2012 once funding had been secured. The projected<br />
cost for Phase II <strong>of</strong> the Project is between $100,000 and $120,000, although the Electoral Area<br />
Advisory Committee can revisit the Terms <strong>of</strong> Reference to reduce the scope (and therefore the cost)<br />
<strong>of</strong> the Project. The Electoral Area Advisory Committee passed the following resolution on March 8,<br />
2012:<br />
''That staff review funding options for Phase" <strong>of</strong> the Electoral Area Annexation Impact Study<br />
and report to the Electoral Area Directors at the April 5, 2012 Electoral Area Advisory<br />
Committee meeting. "<br />
This report provides an overview <strong>of</strong> funding options and sources for consideration.<br />
BACKGROUND/HISTORY:<br />
The <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong> Electoral Areas 'B' and 'C' have experienced significant<br />
annexation application activity over the last 20 years. Annexation activity has also occurred within<br />
Electoral Area 'D' over the last 20 years. Concerns have been expressed by the Electoral Area<br />
Directors regarding the impact that the loss <strong>of</strong> these annexed lands is having on the financial<br />
sustain ability <strong>of</strong> unincorporated service provision, the identify and fabric <strong>of</strong> their communities, the loss<br />
<strong>of</strong> productive agricultural lands, shifts in political representation and loss <strong>of</strong> control <strong>of</strong> land use<br />
deCisions, especially regarding suburban sprawl within fringe areas.<br />
The Electoral Area Advisory Committee (EAAC), on May 12, 2010, were asked to choose three<br />
priority 2010 planning projects. The Board <strong>of</strong> Directors, on June 2, 2010, resolved that undertaking an<br />
Electoral Area Annexation Impact Study to determine the impacts <strong>of</strong> incremental annexation was a<br />
top priority planning project for 2010. The Board <strong>of</strong> Directors, at the December 8, 2010 regular<br />
meeting , further resolved to direct staff to proceed with a Call for Proposals for the <strong>Regional</strong> <strong>District</strong> <strong>of</strong><br />
<strong>North</strong> <strong>Okanagan</strong> Electoral Areas Annexation Impact Study. Urban Systems was selected to conduct<br />
Page 112 <strong>of</strong> 141
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May 3, 2012 - Item F.4<br />
Electoral Area Annexation Impact Study Funding Options<br />
Report to Electoral Area Advisory Committee - March 22, 2012 Page 2<br />
Phase I <strong>of</strong> the project and presented to the Electoral Area Advisory Committee on February 2, 2012<br />
the final Phase I report.<br />
Phase I: Review Existing Situation is be the foundation <strong>of</strong> the Study and will be used to refine the<br />
Terms <strong>of</strong> Reference and scope <strong>of</strong> work for Phase II : Cumulative Effects <strong>of</strong> Unincorporated<br />
Annexations and Phase III : Recommendations and Conclusions.<br />
ELECTORAL AREA ANNEXATION IMPACT STUDY: NEXT STEPS<br />
The Electoral Area Annexation Impact Study was proposed to be undertaken in three phases. The<br />
Phase I Final Report provides an introduction to annexation policy, procedures and issues.<br />
Phase II: Cumulative Effects <strong>of</strong> Annexation Activity would provide a detailed evaluation <strong>of</strong> the<br />
cumulative effects <strong>of</strong> annexation on unincorporated areas in the <strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong>.<br />
It is anticipated, based upon the proposals received, that Phase II will cost between $100,000 and<br />
$120,000. Phase II , based upon the adopted Terms <strong>of</strong> Reference, would include:<br />
• A more detailed evaluation <strong>of</strong> the financial, land use, service delivery and social impacts and<br />
outcomes <strong>of</strong> the 1993 <strong>Okanagan</strong> Landing annexation <strong>of</strong> Electoral Area "A" into the City <strong>of</strong><br />
Vernon ;<br />
• An overall financial accounting <strong>of</strong> cumulative annexation applications over the last 10 years for<br />
affected Electoral Areas, focusing on the key priority boundary areas;<br />
• A analysis framework to identify the cumulative effects <strong>of</strong> annexation on Electoral Area priority<br />
boundary areas, including:<br />
o Economic and taxation impacts;<br />
o Land use impacts;<br />
o Service levels and infrastructure cost;<br />
o Social and community fabric and identity;<br />
o Agricultural Land Reserve loss; and<br />
o Governance.<br />
Phase III: Recommendation and Conclusions <strong>of</strong> the Study will provide recommendations and<br />
potentially create tools that can be used during annexation application reviews. It is anticipated that<br />
Phase III will be undertaken in 2013. The projection cost <strong>of</strong> Phase III is between $20,000 and<br />
$40,000, contingent on the results <strong>of</strong> Phase II. Phase III may include the following tasks:<br />
• Electoral Area governance options that may assist in mitigating the identified issues;<br />
• Recommendations on broad , strategic policies on the identified issues that reflect the realities<br />
<strong>of</strong> long-term sustainability <strong>of</strong> unincorporated rural areas; and<br />
• Recommendations for annexation regulatory changes to ensure a more transparent and<br />
equitable review <strong>of</strong> annexation applications based upon the impacts experienced by all<br />
affected jurisdictions.<br />
FUNDING OPTIONS<br />
Few grant funding opportunities are available for the Electoral Area Annexation Impact Study. The<br />
Electoral Area Advisory Committee should consider using these funding options in combination.<br />
1. Development Services (030) Reserves<br />
The Development Services (030) operating reserves are currently are sufficient to fully fund Phases II<br />
<strong>of</strong> the Project if the Electoral Area Advisory Committee deemed this Project a priority. Relying solely<br />
on this funding option will result in the depletion <strong>of</strong> the operating reserves and may preclude initiating<br />
any other priority planning projects that are not represented within the budget. It is recommended that<br />
Page 113 <strong>of</strong> 141
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May 3, 2012 - Item F.4<br />
Electoral Area Annexation Impact Study Funding Options<br />
Report to Electoral Area Advisory Committee - March 22, 2012 Page 3<br />
the 030 reserves are used to fund the Project, in part, if other funding options are unable to fully<br />
resource the Project.<br />
2. Restructure Planning Grant Program<br />
The Ministry <strong>of</strong> Community, Sport and Cultural Development, Municipal Structure Branch, can provide<br />
local or regional governments Restructure Planning Grants through the Restructure Assistance<br />
Program to assist communities wishing to study the implications <strong>of</strong> municipal incorporation or<br />
restructure and to undertake the associated public consultation process. The maximum grant that<br />
would be available for this Project would be $40,000. Based upon conversations with Ministry staff, it<br />
is anticipated that funds for the Restructure Assistance Program have been fully allocated until, at the<br />
earliest, 2013. The Project may also not fit the grant criteria due to the municipal restructure focus <strong>of</strong><br />
the Program .<br />
3. Ministry <strong>of</strong> Community, Sport and Cultural Development<br />
The Electoral Area Advisory Committee could recommend that the <strong>Regional</strong> <strong>District</strong> petition the<br />
Minister <strong>of</strong> Community, Sport and Cultural Development directly for funding assistance for this Project,<br />
especially with the interest that the Phase I findings have generated within the Ministry and local and<br />
regional governments. The Ministry, as a partner within Phases II and III <strong>of</strong> the Project, may provide<br />
expertise, additional information and/or assistance with inter-jurisdictional annexation protocol<br />
establishment.<br />
4. Other <strong>Regional</strong> <strong>District</strong> Contributions<br />
On March 22, 2012, letters were sent to all regional districts within British Columbia requesting that<br />
each Electoral Area Director consider providing a $900 funding contribution for Phases II and III <strong>of</strong> the<br />
Project, with the rationale that the Project could provide guidance to other regional districts and the<br />
Ministry regarding annexation application policies, process and inter-jurisdictional protocols. With 156<br />
Electoral Areas in the Province, if each Electoral Area contributed $900, Phases II and III would be<br />
fully resourced. It is anticipated that contributions will be provided by Electoral Areas that are<br />
experiencing municipal boundary restructure and annexation challenges.<br />
SUMMARY:<br />
The Electoral Area Annexation Impact Study is a unique Project and does not meet the criteria <strong>of</strong><br />
most planning grants that are available. Therefore external sources <strong>of</strong> funding are limited and<br />
therefore direct petition for funding at the regional district or provincial government level is<br />
recommended.<br />
It is recommended that Electoral Area Advisory Committee consider a combination <strong>of</strong> these potential<br />
funding sources when resourcing Phase II <strong>of</strong> the Project.<br />
Page 114 <strong>of</strong> 141
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May 3, 2012 - Item F.4<br />
Electoral Area Annexation Impact Study Funding Options<br />
Report to Electoral Area Advisory Committee - March 22, 2012<br />
Page 4<br />
Submitted by:<br />
Anthoni,l)iltel, <strong>Regional</strong> Growth ~ tegy Go~nator<br />
Approved For Inclusion:<br />
Endorsed by:<br />
Rob Smailes, MCIP<br />
General Manager, Planning and Building<br />
Page 115 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.6<br />
Lower Shuswap Stewardship Society<br />
16 Ki"gfisher Road<br />
E"derby, Be VOE 1 V5<br />
March 5, 20 12<br />
Mr. Rob Smailes<br />
General Manager Planning and Building<br />
<strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong><br />
9848 Aberdeen Road<br />
Coldstream, BC<br />
VIB 2K9<br />
Dear Mr. Smailes,<br />
In the fall <strong>of</strong>2009 we forwarded to you copies <strong>of</strong> our correspondence with Bob Gowe, Manager<br />
<strong>of</strong> the Navigable Water Protection Program <strong>of</strong> Transport Canada.<br />
This correspondence was regarding the proliferation <strong>of</strong> moorage buoys in the mouth <strong>of</strong> the<br />
Shuswap River at Mabel Lake. Below is an excerpt <strong>of</strong> one <strong>of</strong> the letters .<br />
..... A recent survey found 271 buoys in the river mouth area. One hundred six <strong>of</strong> these are in front <strong>of</strong> the<br />
cabins on the west side <strong>of</strong> Mabel Lake just south <strong>of</strong> the river mouth and presumably belong to property<br />
owners in that area. One hundred and sixty-five buoys are along the south-facing shore and Dolly Varden<br />
Beach. While some <strong>of</strong> these boats are moored by property owners, the great majority, are not associated<br />
with any lakeshore properties. These buoys have been placed to accommodate property owners in the<br />
Mabel Lake Resort, Mabel Lake Go/fCourse, Mabel Lake Air Park and condos all <strong>of</strong> which occupy the<br />
bench lands above and to the north <strong>of</strong> the lake.<br />
These buoys create an impediment to navigation. Non-motorized boats are not able to stay close to shore<br />
due to the density <strong>of</strong> boats moored on buoys. Canoes and kayaks must use the same channel as motorized<br />
craft to exit the river mouth boat launch area. Some <strong>of</strong> the buoys are very close to the public swimming<br />
area and the public boat launch. Buoys are in front <strong>of</strong> shoreline properties, blocking their view <strong>of</strong> the lake<br />
and diminishing enjoyment <strong>of</strong> their lakeshore property.<br />
Mabel Lake is very shallow throughout the area where most buoys are located and there is a high<br />
concentration <strong>of</strong> fresh-water mussels on the sand bed. The fine sand is stirred up when boats enter and<br />
exit their moorings and increase turbidity in the river mouth area. Thisfine sand drifts down into the<br />
salmon spawning beds in the Shuswap River.<br />
Subsequent communication with Transport Canada representatives John Mackie, Brent Magee<br />
and Roberta Dight resulted in a site visit June, 2011 by Roberta Dight. We received no formal<br />
report from either Roberta Dight or anyone from RDNO regarding the results <strong>of</strong> the site visit. It<br />
is our understanding from comments by Herman Halvorsen that Ms.Dight found most, if not all,<br />
<strong>of</strong> the buoys to be non-compliant with current Transport Canada regulations regarding small boat<br />
moorage.<br />
Page 116 <strong>of</strong> 141
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May 3, 2012 - Item F.6<br />
This problem has gotten worse since our first letters in 2009. There are now mooring buoys<br />
placed in swimming areas in front <strong>of</strong>lakeshore cabins. The buoys are left in place for the entire<br />
year, spoiling the peaceful winter scenery. There are hundreds <strong>of</strong> now empty buoys littering the<br />
shallow waters <strong>of</strong> the river mouth, Dolly Varden Beach and the west side. Some <strong>of</strong> these buoys<br />
are used for only a week or two in the entire year. On the west side <strong>of</strong> Mabel Lake many<br />
properties have several mooring buoys or other floating apparatus, challenging navigation along<br />
that shoreline.<br />
In conversations with Transport Canada, representative John Mackie repeatedly stated that it is<br />
up to municipalities to control this unwanted moorage through zoning and by-laws. Transport<br />
Canada can only rule on issues <strong>of</strong> safety and navigation and compliance with their statutes.<br />
Is Transport Canada willing to remove the buoys that are non-compliant under their regulations?<br />
If so, why have they not done that? If Transport Canada removes the illegal buoys, then RDNO<br />
will only have to regulate through zoning the ones that remain. This is especially important as<br />
municipal by-laws are not retroactive.<br />
The Lower Shuswap Stewardship Society requests:<br />
That the <strong>Regional</strong> <strong>District</strong> ask Transport Canada to remove all non-compliant moorage<br />
buoys.<br />
That the <strong>Regional</strong> <strong>District</strong> establish strict controls to protect environmental values by<br />
prohibiting buoys from sensitive areas.<br />
The recent Aquatic Habitat Index survey gives the Dolly Varden beach foreshore<br />
as well as the west side foreshore a "high" rating and the Shuswap River,<br />
immediately below the river mouth a rating <strong>of</strong> "very high." These values should<br />
be protected from degradation.<br />
That the <strong>Regional</strong> <strong>District</strong> prohibit buoys from all foreshore areas with the exception <strong>of</strong><br />
foreshore property owners. It is our understanding that each foreshore property owner is<br />
currently entitled to one buoy that meets Transport Canada requirements as to placement,<br />
size, anchors and labelling.<br />
That the <strong>Regional</strong> <strong>District</strong> require all approved buoys to be registered by the boat owner<br />
and designated for a specific boat (to eliminate the current practise <strong>of</strong> some developers<br />
<strong>of</strong>fering boat moorage via buoy as part <strong>of</strong> their sales approach.)<br />
That the <strong>Regional</strong> <strong>District</strong> limit the size <strong>of</strong> boat that may be moored on a buoy.<br />
There is obviously an urgent need to solve the problems created by the increased numbers <strong>of</strong><br />
boat-owners in the summer resort at Mabel Lake. Removing the illegal buoys will force the<br />
resort owners and their guests to address tllis issue. As long as the illegal buoys are tolerated,<br />
Page 117 <strong>of</strong> 141
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May 3, 2012 - Item F.6<br />
there will be increasing pressures on this environmentally sensitive area. The illegal trespass<br />
becomes more entrenched each season.<br />
The Lower Shuswap Stewardship Society urges the <strong>Regional</strong> <strong>District</strong> to take action on this<br />
pressing issue. We look to the <strong>Regional</strong> <strong>District</strong> to take the lead in demanding that Transport<br />
Canada remove the illegal buoys from the river mouth area at Mabel Lake. We would appreciate<br />
your response indicating what steps will be taken.<br />
Sincerely,<br />
Jean Clark<br />
Chairperson<br />
Lower Shuswap Stewardship Society<br />
2508387299<br />
cc<br />
Roberta Dight, Transport Canada<br />
Jackie Pearase, RDNO Area F Representative<br />
jpearase@gmail.com<br />
Page 118 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.7a<br />
REGIONAL DISTRICT<br />
<strong>of</strong><br />
NORTH OKANAGAN<br />
REPORT<br />
File No.: 5215.0<br />
TO:<br />
FROM:<br />
RECOMMENDATION:<br />
Board <strong>of</strong> Directors<br />
Engineering<br />
DATE: April 20, 2012<br />
Agricultural Waste Control Regulation Policy Intentions Paper<br />
SUBJECT:<br />
Consultation<br />
That the Report dated April 17, 2012 regarding the Agricultural Waste Control Regulation Policy<br />
Intentions Paper Consultation be received for information and additional input, and further<br />
That the attached correspondence addressed to C. Rankin & Associates be a mended<br />
accordingly and forwarded under the Chief Administrative Officer’s signature.<br />
BACKGROUND:<br />
In January 2012 the Ministry <strong>of</strong> Environment (MOE) issued an Intentions Paper (the Paper) to<br />
solicit feedback on their intentions to review and amend the Agricultural Waste Control<br />
Regulation (AWCR). As stated in the Paper, “The Ministry identified the AWCR as a priority for<br />
review to deal with impacts to the environment and human health from agricultural operations,<br />
maintain consistency with current provincial legislation and addr ess current and em erging<br />
agricultural and environmental trends and practices”. Staff received the Intentions Paper at the<br />
end <strong>of</strong> March with the request to provide information to the General Manager <strong>of</strong> Electoral Area<br />
Administration, however as solid waste management is a regional function, this report has been<br />
prepared for the Board <strong>of</strong> Directors as a whole.<br />
DISCUSSION:<br />
The Ministry intends to move from a regulation to a code <strong>of</strong> practice for the management <strong>of</strong><br />
agricultural waste in BC, and to phase in a number <strong>of</strong> the revisions over one or more years to<br />
give agricultural operations sufficient notice and time to meet revised requirements. Although<br />
not specified in the Paper, it is assumed that the types <strong>of</strong> waste being considered include all<br />
fractions generated in a farming practice: liquid, solid and gas. This process is the first<br />
comprehensive review <strong>of</strong> agricultural practices with respect to waste management since 1992.<br />
Many related regulations (e.g. Open Burning Smoke Control Regulation, Organic Matter<br />
Recycling Regulation, Water Act, Farm Practices Protection – Right to Farm), guidelines and<br />
codes <strong>of</strong> practice have been implemented since, so consistency, emerging technology (e.g.<br />
anaerobic digestion and waste to energy), standards development and pr<strong>of</strong>essional reliance<br />
need to be reviewed.<br />
Changing from requiring that agricultural operations utilize a code <strong>of</strong> practice (Minister's<br />
regulation) rather than comply with a regulation, moves from a prescriptive environment to one<br />
that supports sound judgment and site specific standards. A code <strong>of</strong> practice <strong>of</strong>fers practical<br />
examples <strong>of</strong> good practice and how to assess and manage risks, and gives advice on how to<br />
comply with the law (regulation or act), whereas the regulation <strong>of</strong> discharge to the environment<br />
Page 119 <strong>of</strong> 141
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May 3, 2012 - Item F.7a<br />
makes everyone comply with the same set standard (e.g. setbacks to water courses) without<br />
considering site specific differences and risks.<br />
The attached draft response letter outlines the issues we would like to see considered when the<br />
Ministry makes the revisions described in the Paper, from both a domestic water supply<br />
protection position and a solid waste management perspective. The individual sections <strong>of</strong> the<br />
Paper that are not addressed in the letter were deemed to require no comment or response at<br />
this time. The Paper is provided for reference as Attachment B.<br />
It is intended that any further comments generated through referral and discussion <strong>of</strong> this report<br />
will be added to the draft response letter and then submitted to the Ministry on time to meet their<br />
deadline <strong>of</strong> May 31, 2012.<br />
Submitted by:<br />
Nicole Kohnert, P.Eng.<br />
Manager <strong>of</strong> <strong>Regional</strong> Engineering Services<br />
Renee Clark<br />
Water Quality Manager<br />
Reviewed and endorsed by:<br />
Approved for inclusion:<br />
Dale McTaggart, P.Eng.<br />
General Manager Engineering<br />
Trafford Hall<br />
Administrator<br />
Page 120 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.7b<br />
Review <strong>of</strong> the Agricultural Waste Control Regulation<br />
Policy Intentions Paper for Consultation<br />
Table <strong>of</strong> Contents<br />
1. Introduction .................................................. 1<br />
2. Ministry and Government Goals ................. 2<br />
3. Objectives for Proposed Revisions ............ 2<br />
3.1 Objectives .................................................... 2<br />
3.2 Concerns addressed ................................... 2<br />
4. Background .................................................. 2<br />
4.1 Environmental issues associated with<br />
the management <strong>of</strong> agricultural wastes ...... 2<br />
4.2 Regulation <strong>of</strong> agricultural wastes in<br />
other jurisdictions ........................................ 5<br />
5. Proposed Revisions .................................... 5<br />
5.1 Revised definitions ...................................... 5<br />
5.2 On-farm transport <strong>of</strong> agricultural wastes<br />
and by-products ........................................... 5<br />
5.3 Storage <strong>of</strong> agricultural wastes and<br />
by-products .................................................. 6<br />
5.4 Storage and use <strong>of</strong> wood waste .................. 7<br />
5.5 Composting agricultural waste .................... 8<br />
5.6 On-farm disposal <strong>of</strong> mortalities and poultry<br />
& slaughter (slaughter) wastes.................... 8<br />
5.7 Access to water in feeding areas ................ 9<br />
5.8 Land application <strong>of</strong> agricultural wastes<br />
and by-products ........................................... 9<br />
5.9 Nutrient management planning ................. 10<br />
5.10 Monitoring and testing ............................... 12<br />
5.11 Record keeping ......................................... 12<br />
5.12 Additional considerations .......................... 12<br />
5.13 Phase-in schedule for implementing<br />
the revised regulation ................................ 12<br />
6. Development <strong>of</strong> Guidelines and Use <strong>of</strong><br />
Best Management Practices (BMPs) ....... 14<br />
7. Consultation With First Nations ................ 15<br />
8. Awareness, Compliance and<br />
Enforcement .............................................. 15<br />
9. Providing Comment on the Proposed<br />
Intentions .................................................. 15<br />
1. Introduction<br />
The Ministry <strong>of</strong> Environment (the ministry) is reviewing<br />
the Agricultural Waste Control Regulation (AWCR) with<br />
the intention <strong>of</strong> revising the regulation. The AWCR<br />
describes environmentally sound practices for using,<br />
storing and managing wastes, such as manure, byproducts<br />
(including composted materials) and other<br />
materials used in agriculture (such as wood waste).<br />
The AWCR came into force in 1992 under the Waste<br />
Management Act (WMA). In 2004, the WMA was<br />
replaced by the Environmental Management Act (EMA)<br />
and the Waste Discharge Regulation, and minor amendments<br />
were made to the AWCR. The regulation was further<br />
amended in 2008 to establish consistent rules and<br />
emission standards for biomass (wood-fired) and other<br />
fuels for boilers used in agriculture. The current process<br />
is the first comprehensive review <strong>of</strong> the AWCR since it<br />
was enacted in 1992.<br />
The ministry identified the AWCR as a priority for<br />
review to deal with impacts to the environment and<br />
human health from agricultural operations, maintain<br />
consistency with current provincial legislation (the<br />
Environmental Management Act, Waste Discharge<br />
Regulation, associated codes <strong>of</strong> practice and regulations),<br />
and address current and emerging agricultural and<br />
environmental trends and practices. As part <strong>of</strong> this<br />
review, the ministry intends to shift to regulating<br />
discharges from agricultural operations by a code <strong>of</strong><br />
practice (minister’s regulation).<br />
The purpose <strong>of</strong> this intentions paper is to describe the<br />
ministry’s proposed revisions for discussion and consultation,<br />
and to seek responses and comments from stakeholders<br />
and the public on the ministry’s intentions.<br />
The intentions paper and response form for providing<br />
comments to the ministry, as well as further information<br />
and links to related legislation, are posted on the ministry’s<br />
consultation and the AWCR webpages.<br />
INTENTIONS PAPER – January 2012 Page 1 Ministry <strong>of</strong> Environment<br />
Page 121 <strong>of</strong> 141
Review <strong>of</strong> the Agricultural Waste Control Regulation<br />
Policy Intentions Paper for Consultation<br />
2. Ministry and Government Goals<br />
The Ministry <strong>of</strong> Environment provides leadership in<br />
environmental management through legislation and<br />
programs, compliance activities and shared stewardship<br />
initiatives. The ministry’s mandate is to protect human<br />
health and safety, and restore and maintain the diversity<br />
<strong>of</strong> native species, ecosystems and habitats.<br />
The ministry’s core business areas include environmental<br />
protection, stewardship and compliance, in<br />
support <strong>of</strong> the Government’s goals <strong>of</strong>: (1) clean and safe<br />
water, land and air; and (2) healthy and diverse native<br />
species and ecosystems.<br />
3. Objectives for Proposed Revisions<br />
3.1 Objectives<br />
The ministry is proposing revisions to the Agricultural<br />
Waste Control Regulation for regulating discharges to the<br />
environment from agricultural operations with the objectives<br />
<strong>of</strong>:<br />
<br />
<br />
<br />
<br />
Establishing consistent standards and requirements<br />
for the management <strong>of</strong> nutrients, wastes and by-products<br />
at agricultural operations in a manner that protects<br />
the environment and human health.<br />
Providing clear regulatory direction, appropriate to<br />
degree <strong>of</strong> risk <strong>of</strong> impact to the environment.<br />
Reducing and removing wastes and toxins from the<br />
environment.<br />
Focusing on desired environmental conditions rather<br />
than prescribed agricultural practices where appropriate,<br />
and supporting the use <strong>of</strong> sound judgment in<br />
managing agricultural operations (e.g., through use <strong>of</strong><br />
best management practices).<br />
Where appropriate, incorporating current and<br />
emerging trends and technologies related to the<br />
management <strong>of</strong> nutrients, wastes and by-products on<br />
agricultural operations.<br />
<br />
<br />
Over-application <strong>of</strong> nutrients that can move to ground<br />
and surface waters.<br />
Erosion and transport <strong>of</strong> material (including agricultural<br />
wastes and soil) to surface waters.<br />
To address these concerns, the ministry is proposing revisions<br />
in the following areas. Specific proposed revisions<br />
for each area are discussed in the sections following.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
On-farm transport <strong>of</strong> agricultural wastes and byproducts.<br />
Storage <strong>of</strong> agricultural wastes and by-products.<br />
Storage and use <strong>of</strong> woodwaste.<br />
Composting <strong>of</strong> agricultural wastes.<br />
On-farm disposal <strong>of</strong> mortalities.<br />
Land application <strong>of</strong> agricultural wastes and by-products.<br />
Nutrient management planning.<br />
Emissions.<br />
Emerging technologies and sector-specific requirements.<br />
Phase-in schedule.<br />
Guidelines and best management practices.<br />
Awareness, compliance and enforcement.<br />
4. Background<br />
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.7b<br />
4.1 Environmental issues associated with the<br />
management <strong>of</strong> agricultural wastes<br />
Impacts to human health and the environment associated<br />
with the management <strong>of</strong> agricultural wastes primarily<br />
involve release or emission <strong>of</strong> nutrients, such as nitrogen<br />
(N), phosphorus (P) and potassium (K), bacteria or contaminants<br />
into watercourses, groundwater or the air.<br />
Nutrients are required for optimal growth <strong>of</strong> plants<br />
however, excessive nitrates, phosphates and bacteria or<br />
other contaminants in water resources can impact fish,<br />
wildlife and water quality.<br />
3.2 Concerns addressed<br />
Specific concerns <strong>of</strong> the ministry regarding agricultural<br />
practices that have the potential to significantly impact<br />
the environment include:<br />
<br />
The creation and movement <strong>of</strong> leachate to ground and<br />
surface waters.<br />
The primary environmental issues <strong>of</strong> concern to the<br />
ministry are surface water quality, ground water quality,<br />
cumulative effects, and air quality.<br />
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Policy Intentions Paper for Consultation<br />
A. Surface water quality<br />
When managed properly, agricultural wastes can be beneficially<br />
used as fertilizers or soil conditioners – providing<br />
nutrients that can be utilized by plants or improve soil<br />
quality. Problems can arise however, when run<strong>of</strong>f and<br />
erosion from improperly spread or stored materials transport<br />
excess nutrients and/or bacteria into surface waters.<br />
Phosphorus and nitrogen in run<strong>of</strong>f can result in excess<br />
nutrients in, or eutrophication <strong>of</strong>, water bodies. Eutrophication<br />
can lead to rapid, excessive algal growth and<br />
decay, which reduces oxygen levels in the water,<br />
suffocating fish and other aquatic animal life.<br />
Water quality monitoring data for British Columbia indicate<br />
that some creeks flowing through agricultural areas<br />
have nitrate, phosphorus and bacteria concentrations that<br />
are at or over acceptable levels for drinking water and<br />
aquatic life.<br />
B. Groundwater quality<br />
Groundwater quality is impacted when the nutrients in<br />
manure or composted materials are applied to fields in<br />
excess <strong>of</strong> crop requirements, or when fields are supplemented<br />
with commercial fertilizers without adequate consideration<br />
<strong>of</strong> crop nutrient needs and soil capacity. This<br />
can lead to excess nutrients (primarily nitrates) in the soil,<br />
which leach down into the groundwater with rain or<br />
irrigation. Leaching into groundwater can also result from<br />
improperly stored manures or compost. This is <strong>of</strong><br />
particular concern in areas <strong>of</strong> high precipitation, and over<br />
unconfined aquifers. As well, the potential release <strong>of</strong><br />
pathogenic bacteria, viruses, and parasites into the<br />
environment, particularly drinking water supplies, is a<br />
significant health concern.<br />
C. Cumulative effects<br />
Over time, small quantities <strong>of</strong> nutrients that have run <strong>of</strong>f<br />
into drainage ditches, creeks or streams, or leached into<br />
ground below the root zone, accumulate in the receiving<br />
environment, and can cause problems equal to or greater<br />
than nutrient loading from a single site.<br />
For example, long-term Ministry <strong>of</strong> Environment monitoring<br />
<strong>of</strong> British Columbia creeks over the past three<br />
decades indicates that nitrate levels have been steadily<br />
increasing in many watercourses, resulting in what<br />
appears to be a chronic water quality issue.<br />
D. Air quality issues<br />
Historically, environmental concerns and regulation <strong>of</strong><br />
agricultural wastes have focused on water quality. However,<br />
air quality issues associated in particular with livestock<br />
and poultry operations have become an increasing<br />
public concern in recent decades. Air emissions attributed<br />
to animal agriculture consist <strong>of</strong> odourous and gaseous<br />
compounds, as well as greenhouse gas emissions and<br />
particulate matter related to manure and animal management.<br />
These are <strong>of</strong> concern when they reach high levels<br />
that impact respiratory health.<br />
E. Examples from environmental monitoring<br />
A Ministry <strong>of</strong> Environment water quality monitoring program<br />
in the Coldstream watershed in the <strong>North</strong> <strong>Okanagan</strong><br />
provides an example for surface water quality concerns<br />
(see Figure 1). Coldstream Creek originates in the<br />
mountains <strong>of</strong> Silver Star Provincial Park and flows south<br />
through Noble Canyon and then west through the valley<br />
bottom where it drains into the north end <strong>of</strong> Kalamalka<br />
Lake. It is the main tributary to Kalamalka Lake,<br />
supplying 80% <strong>of</strong> the flow and is used as a source <strong>of</strong><br />
drinking and irrigation water, for recreational activities,<br />
and provides habitat for a variety <strong>of</strong> aquatic life.<br />
Nitrate levels at the upstream monitoring site in Noble<br />
Canyon, above the influence <strong>of</strong> agriculture and settlement<br />
activities were very low. For the sites below the canyon,<br />
nitrate levels were substantially higher at the sampling<br />
sites along the valley bottom through the agricultural area<br />
to the mouth, with many near or above the B.C. Water<br />
Quality Guidelines for aquatic life (3.0 mg nitrate/L). In<br />
early March, nitrate levels at one site spiked over the B.C.<br />
Drinking Water Quality Guidelines (10 mg nitrate/L).<br />
Bacteria levels (not shown) also tended to increase<br />
downstream <strong>of</strong> the canyon and confirmed monitoring data<br />
from numerous other studies that indicate a chronic issue<br />
with high coliform bacteria in Coldstream Creek.<br />
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Policy Intentions Paper for Consultation<br />
Figure 2 shows an<br />
example <strong>of</strong> nitrate<br />
levels measured in<br />
groundwater samples<br />
from the Osoyoos<br />
Aquifer over a ten<br />
year period. The<br />
sampling sites are<br />
located to the east <strong>of</strong><br />
Osoyoos Lake in an<br />
agricultural area.<br />
Results <strong>of</strong> ten monitoring<br />
sites were<br />
grouped and averaged<br />
for sites located<br />
in close proximity to<br />
each other to clarify<br />
presentation <strong>of</strong> data.<br />
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.7b<br />
Nitrate levels over<br />
the ten-year period Source: Coldstream Creek Water Quality Monitoring: 2008-2009 Final Report – July 06, 2009<br />
were consistently Ministry <strong>of</strong> Environment, Environmental Protection Division, Penticton<br />
above BC Water<br />
Quality Guidelines for aquatic life (3.0 mg nitrate/L). The most recent nitrate levels are <strong>of</strong> particular concern, with<br />
recorded levels in 2009 and 2010 near or above the BC Drinking Water Quality Guideline <strong>of</strong> 10 mg nitrate/L.<br />
Source: Environment Canada – Osoyoos Aquifer groundwater monitoring data – 2000 to 2010<br />
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4.2 Regulation <strong>of</strong> agricultural wastes in other<br />
jurisdictions<br />
The ministry commissioned a jurisdictional scan <strong>of</strong> agricultural<br />
waste regulations and guidelines in early 2010 as<br />
part <strong>of</strong> the review process. The scan included Canadian<br />
jurisdictions, US states and European Union countries.<br />
Topics addressed in the review included nutrient management<br />
regulations, manure storage and application requirements,<br />
regulation <strong>of</strong> on-farm disposal <strong>of</strong> mortalities,<br />
control <strong>of</strong> odour and air emissions and regulation <strong>of</strong><br />
emerging technologies and practices (such as anaerobic<br />
digestion).<br />
The review found that although the strategies adopted by<br />
other jurisdictions vary widely, the issues being addressed<br />
are very similar and the goal is the same – to maintain or<br />
improve environmental quality, with an emphasis on<br />
surface and ground water quality. All jurisdictions surveyed<br />
regulate the application <strong>of</strong> nutrients to agricultural<br />
land, based on nitrogen, phosphorous or both. Application<br />
limits are based on maximum soil, crop or water nutrient<br />
levels, through the use <strong>of</strong> standards written into legislation,<br />
or through the use <strong>of</strong> qualified pr<strong>of</strong>essionals and best<br />
management practices. Manure application setbacks from<br />
watercourses and neighbours are written into legislation<br />
in almost all jurisdictions surveyed.<br />
Other findings <strong>of</strong> the review included:<br />
<br />
<br />
<br />
<br />
All jurisdictions have introduced new regulations for<br />
manure storage.<br />
Burial continues to be the standard on-farm disposal<br />
option in many jurisdictions with siting restrictions,<br />
volume limits and other requirements. However, some<br />
have banned on-farm burial. On-farm composting is<br />
becoming more common due to concerns about<br />
groundwater impacts from burial sites.<br />
Several jurisdictions are regulating odours with varying<br />
strategies. Alberta producers are required to use<br />
odour assessments to determine the required setback<br />
<strong>of</strong> a new barn or manure storage from the property<br />
boundary.<br />
Several jurisdictions have implemented regulations<br />
for the operation <strong>of</strong> on-farm anaerobic digesters and<br />
have introduced regulations requiring the digestate to<br />
be land-applied as a nutrient source.<br />
5. Proposed Revisions<br />
The ministry’s intentions for revising the AWCR are<br />
described in this section <strong>of</strong> the intentions paper. The<br />
ministry is also proposing to phase-in a number <strong>of</strong> the<br />
proposed revisions over a period <strong>of</strong> one or more years –<br />
to provide agricultural operators with notice and sufficient<br />
time to meet requirements <strong>of</strong> the revised regulation.<br />
Proposed phase-in timing for specific requirements is<br />
described under relevant sections below and summarized<br />
in section 5.13.<br />
5.1 Revised definitions<br />
The ministry intends to update definitions in the revised<br />
regulation to ensure that they are consistent with ministry<br />
policy intentions, current practices and other legislation<br />
and regulations.<br />
A. Agricultural operations<br />
The definition <strong>of</strong> an agricultural operation will be revised<br />
to be consistent with the updated definition under the<br />
Waste Discharge Regulation.<br />
B. Agricultural wastes<br />
The ministry intends to clarify that the definition <strong>of</strong><br />
agricultural waste includes all wastes produced by<br />
agricultural operations defined in the regulation.<br />
C. Agricultural by-products<br />
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.7b<br />
The ministry is proposing to include by-products in the<br />
revised regulation, such as composted materials, digestate<br />
from anaerobic digestion, or other materials from<br />
treatment processes.<br />
Other terms and proposed changes to existing definitions<br />
are discussed as they relate to the specific sections in this<br />
paper.<br />
5.2 On-farm transport <strong>of</strong> agricultural wastes<br />
and by-products<br />
The ministry is considering including requirements for<br />
proper containment <strong>of</strong> agricultural wastes or by-products<br />
when being moved on-site (by truck, trailer, tanker or in<br />
pipes) or from site-to-site to ensure that no spills or leakage<br />
will result in run<strong>of</strong>f into watercourses, or <strong>of</strong>f the<br />
property.<br />
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Review <strong>of</strong> the Agricultural Waste Control Regulation<br />
Policy Intentions Paper for Consultation<br />
5.3 Storage <strong>of</strong> agricultural wastes and byproducts<br />
A. Storage facility requirements<br />
The ministry intends to protect surface water and<br />
groundwater by addressing leachate generation and run<strong>of</strong>f<br />
from the storage <strong>of</strong> agricultural wastes and by-products.<br />
The ministry is proposing the following revisions related<br />
to storage facility requirements:<br />
<br />
<br />
<br />
Expanding the definition <strong>of</strong> a storage facility to<br />
include above ground storage (purpose-built<br />
structures), areas under elevated pens (such as pens <strong>of</strong><br />
fur-bearing animals), confined livestock areas, and<br />
below ground storage (such as earthen manure pits<br />
and storage lagoons).<br />
Repealing the grandfathering clauses in the AWCR<br />
that required a plan for storage facilities that existed<br />
prior to April 1, 1992.<br />
Adding a requirement for agricultural wastes and byproducts<br />
to be stored in a manner to:<br />
• prevent entry <strong>of</strong> precipitation, that can generate<br />
leachate, or fill the storage facility beyond<br />
capacity, i.e., covered;<br />
• contain leachate so it doesn’t run <strong>of</strong>f into watercourses,<br />
i.e., bermed;<br />
• prevent escape <strong>of</strong> agricultural waste or byproducts,<br />
i.e., covered or bermed;<br />
• divert clean run<strong>of</strong>f water, i.e., bermed;<br />
• prevent leaching into groundwater, i.e., on an<br />
impermeable surface; and<br />
• prevent access by, and attraction <strong>of</strong>, wildlife,<br />
domestic animals, birds and associated vectors.<br />
Establishing minimum setback distances to at least 30<br />
metres from any watercourse, any source <strong>of</strong> potable<br />
water or irrigation well, and from property lines or<br />
boundaries.<br />
<br />
For agricultural operations over a certain size or<br />
intensity threshold (e.g., over 400 animal units per<br />
hectare, or with over 30 tonnes per year <strong>of</strong><br />
agricultural waste), storage facilities would be<br />
required to have a qualified pr<strong>of</strong>essional to design<br />
and supervise, or sign-<strong>of</strong>f on the building and<br />
construction <strong>of</strong> a storage facility.<br />
One concern that needs to be addressed is when a storage<br />
facility (e.g., manure pit, lagoon) is full at an unsuitable<br />
time for beneficial land application. The ministry is<br />
proposing the following requirements:<br />
<br />
<br />
<br />
Minimum one year’s storage for agricultural waste;<br />
The storage facility must be regularly maintained; and<br />
A storage facility should have sufficient capacity to:<br />
• contain the amount <strong>of</strong> waste produced until such<br />
time as the waste can be applied as a fertilizer or<br />
soil conditioner, and<br />
• prevent overflow from the facility, or the need to<br />
apply under inappropriate conditions, such as<br />
snow covered, frozen or saturated fields.<br />
The ministry is proposing that storage facilities be<br />
monitored and tested to ensure that there is no leakage.<br />
New storage facilities would have to meet requirements<br />
for cover (ro<strong>of</strong>), walls and impermeable floor, and 30<br />
metre setback distance from watercourses, as <strong>of</strong> the date<br />
<strong>of</strong> enactment <strong>of</strong> the revised regulation. Proposed phase-in<br />
dates for existing facilities are listed in Table 1 below.<br />
Table 1. Proposed phase-in dates – existing storage<br />
facilities<br />
Proposed Requirement –<br />
Existing Storage Facilities<br />
Minimum one year’s storage<br />
Must be covered, bermed<br />
Must have impermeable floor surface<br />
Integrity testing<br />
Lagoons must be lined<br />
30 metre setback distance from<br />
watercourses and potable water sources<br />
Waste from animals on fur farms<br />
(under pen storage) must meet same<br />
requirements as storage facilities<br />
Proposed Requirement –<br />
New Storage Facilities<br />
Covered, bermed, impermeable floor<br />
30 metre setback distance from<br />
watercourses and potable water sources<br />
Qualified pr<strong>of</strong>essional designed facility<br />
Phase-in Date<br />
(period <strong>of</strong> time from date<br />
revised regulation is enacted<br />
that requirement is effective)<br />
3 years<br />
1 year<br />
3 years<br />
3 years<br />
5 years<br />
5 to 7 years<br />
3 to 5 years<br />
Date revised regulation is<br />
enacted<br />
Date revised regulation is<br />
enacted<br />
Date revised regulation is<br />
enacted<br />
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Review <strong>of</strong> the Agricultural Waste Control Regulation<br />
Policy Intentions Paper for Consultation<br />
B. Field storage<br />
The ministry is considering revising requirements for<br />
field storage <strong>of</strong> solid agricultural wastes and by-products.<br />
The ministry considers “short term field storage” to be<br />
storage <strong>of</strong> solid agricultural waste or by-products stored<br />
on a field (i.e., not within a storage facility) and used<br />
within two weeks <strong>of</strong> placement.<br />
For short term field storage, the ministry is proposing that<br />
solid agricultural wastes and by-products be stored in a<br />
manner that:<br />
<br />
<br />
<br />
<br />
<br />
Prevents entry <strong>of</strong> precipitation, i.e., covered;<br />
Contains leachate and diverts clean water run<strong>of</strong>f from<br />
the pile, i.e., bermed;<br />
Prevents the escape <strong>of</strong> solid agricultural wastes and<br />
by-products, i.e., covered or bermed;<br />
If stored over an unconfined aquifer, is stored to<br />
prevent leaching into groundwater, i.e., impermeable<br />
surface; and<br />
Has a minimum setback <strong>of</strong> 30 metres from any watercourse,<br />
any source <strong>of</strong> potable water or irrigation well.<br />
The ministry is proposing to repeal the provision for long<br />
term field storage <strong>of</strong> up to nine months. Instead, solid<br />
agricultural wastes and by-products stored in the field for<br />
longer than two weeks would be required to meet the<br />
storage facility requirements. Proposed phase-in dates for<br />
field storage are listed in Table 2 following.<br />
Table 2. Proposed phase-in dates – field storage<br />
requirements<br />
Proposed Requirement –<br />
Field Storage<br />
Short term storage – covered and<br />
bermed<br />
Stored for longer than two weeks –<br />
must meet storage facility<br />
requirements<br />
Stored over unconfined aquifer –<br />
must be on impermeable surface,<br />
covered and bermed<br />
C. “Rainy season” field storage<br />
Phase-in Date<br />
(period <strong>of</strong> time from date<br />
revised regulation is enacted<br />
that requirement is effective)<br />
Date revised regulation is<br />
enacted<br />
3 to 5 years<br />
Date revised regulation is<br />
enacted<br />
The ministry is proposing to repeal the October 1 st to<br />
April 1 st “rainy season” requirement and to require that all<br />
materials be stored in a manner that prevents leachate<br />
generation, run<strong>of</strong>f and erosion at all times <strong>of</strong> the year.<br />
5.4 Storage and use <strong>of</strong> wood waste<br />
Storage and use <strong>of</strong> wood waste (defined as hog fuel, mill<br />
ends, wood chips, bark and sawdust) are currently<br />
addressed in the AWCR. Specific agronomic uses are<br />
listed, although there is no maximum quantity set for the<br />
use <strong>of</strong> wood waste on land.<br />
Primary environmental concerns related to handling and<br />
uses <strong>of</strong> wood waste are direct deposit into watercourses,<br />
improper storage, excess applications and the formation<br />
<strong>of</strong> wood waste leachate that could enter surface water and<br />
groundwater. Wood waste may also contain antisapstain<br />
chemicals, wood preservatives or fire retardant chemicals<br />
that could be detrimental to the environment. The ministry<br />
is considering strengthening the conditions governing<br />
the management <strong>of</strong> wood waste.<br />
A. Wood waste storage<br />
The ministry is proposing that wood waste be stored in a<br />
manner that:<br />
<br />
<br />
<br />
<br />
<br />
Prevents entry <strong>of</strong> precipitation;<br />
Contains leachate so it doesn’t run <strong>of</strong>f into watercourses;<br />
Prevents the escape <strong>of</strong> particulate matter or solid<br />
matter;<br />
Diverts clean run<strong>of</strong>f water from the pile; and<br />
Prevents leaching into soil and groundwater.<br />
Storage and use <strong>of</strong> wood waste in high risk areas (see<br />
section 5.9) would follow same requirements for<br />
agricultural waste and by-products in high risk areas.<br />
Proposed minimum setbacks for wood waste storage are<br />
30 metres from any watercourse, any source <strong>of</strong> potable<br />
water or irrigation well, and property boundaries.<br />
The ministry is intending that these provisions (for storage<br />
<strong>of</strong> wood waste) come into force on enactment <strong>of</strong> the<br />
revised regulation.<br />
B. Wood waste use<br />
It is proposed that wood waste not be used within 30<br />
metres <strong>of</strong> any source <strong>of</strong> potable water or irrigation well,<br />
that wood waste be applied to a maximum depth <strong>of</strong> 15 cm<br />
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Policy Intentions Paper for Consultation<br />
per year in outdoor areas, and that any leachate be<br />
contained so it doesn’t run <strong>of</strong>f into watercourses, any<br />
source <strong>of</strong> potable water or irrigation well, or beyond<br />
property boundaries.<br />
5.5 Composting agricultural waste<br />
The ministry intends to revise provisions addressing the<br />
composting <strong>of</strong> agricultural wastes to maintain consistency<br />
with other regulations, to ensure composted materials are<br />
fully degraded and to protect the environment and human<br />
health.<br />
The ministry is proposing the following requirements for<br />
composting and curing <strong>of</strong> agricultural wastes:<br />
<br />
<br />
<br />
The same proposed siting and setback requirements<br />
as for the agricultural waste storage facilities.<br />
Minimum standards for treating agricultural wastes to<br />
ensure they are fully degraded (e.g., minimum<br />
temperature and retention times for composting <strong>of</strong> 40<br />
degrees C or higher – maintained for five days, and<br />
curing duration <strong>of</strong> at least 21 days).<br />
Testing <strong>of</strong> finished composted material (after curing)<br />
for nutrient levels (e.g., N, P, K) for quantities over<br />
five m3 <strong>of</strong> composted material produced for nutrient<br />
management planning.<br />
The ministry is proposing to repeal section 16 <strong>of</strong> the current<br />
AWCR and to include the requirements for<br />
composting mushroom medium under the proposed<br />
composting section <strong>of</strong> the revised regulation.<br />
The ministry is intending that these provisions (for composting<br />
and curing sites) come into force on the date the<br />
revised regulation is enacted.<br />
5.6 On-farm disposal <strong>of</strong> mortalities and<br />
slaughter & poultry processing (slaughter)<br />
wastes<br />
A. Slaughter wastes<br />
Discharge <strong>of</strong> wastes from slaughter and poultry<br />
processing facilities is covered under the Code <strong>of</strong> Practice<br />
for the Slaughter and Poultry Processing Industries<br />
(Slaughter) Code. However, slaughter facilities on agricultural<br />
operations producing less than five tonnes <strong>of</strong> red<br />
meat and less than 1.5 tonnes poultry meat are exempt<br />
from registering under the Slaughter Code and are<br />
therefore regulated under the AWCR.<br />
The ministry is proposing to include these small<br />
quantities <strong>of</strong> exempt slaughter wastes under disposal <strong>of</strong><br />
mortalities. The ministry proposes setting the same<br />
requirements for on-farm disposal as those set out in the<br />
Slaughter Code for composting, burial and incineration.<br />
As well, slaughter wastes would be required to be<br />
contained prior to disposal, to ensure there is no leakage.<br />
B. Composting mortalities and slaughter wastes<br />
Parameters such as time and temperature requirements for<br />
complete degradation by composting may differ between<br />
source materials. The ministry is considering establishing<br />
specific provisions for the on-farm composting <strong>of</strong> mortalities<br />
and slaughter wastes as distinct from composting<br />
agricultural wastes (e.g., manure, vegetative waste) to<br />
ensure these materials are fully degraded. The ministry is<br />
proposing to adopt the same composting requirements as<br />
under the Slaughter Code. See the FactSheet –<br />
composting solid or semi-solid wastes for further<br />
information.<br />
C. Burial <strong>of</strong> mortalities and slaughter wastes<br />
The ministry is proposing to update burial standards to be<br />
consistent with landfilling requirements in the Slaughter<br />
Code. These include: siting and setback restrictions; and<br />
preventing run<strong>of</strong>f, leaching to groundwater and access by<br />
wildlife and other vectors. See the FactSheet – landfilling<br />
solid or semi-solid wastes for further information.<br />
In addition, the ministry is considering setting limits for a<br />
maximum number <strong>of</strong> animals per burial pit or trench<br />
(e.g., two cows), or a maximum size <strong>of</strong> the burial pit or<br />
trench.<br />
D. Incineration <strong>of</strong> mortalities and slaughter wastes<br />
The ministry is proposing to revise the standards for incineration<br />
<strong>of</strong> mortalities to be consistent with requirements<br />
in the Code <strong>of</strong> Practice for the Slaughter and Poultry<br />
Processing Industries – for siting, setbacks and operation.<br />
See FactSheet – incineration <strong>of</strong> solid or semi-solid<br />
wastes for further specific information.<br />
INTENTIONS PAPER – January 2012 Page 8 Ministry <strong>of</strong> Environment<br />
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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.7b<br />
Review <strong>of</strong> the Agricultural Waste Control Regulation<br />
Policy Intentions Paper for Consultation<br />
Table 3. Proposed phase-in dates – on-farm disposal <strong>of</strong><br />
mortalities and slaughter wastes requirements<br />
<br />
Does not have direct access to watercourses in high<br />
risk areas (see section 5.9 Table 6).<br />
Burial<br />
Proposed Requirement –<br />
Disposal <strong>of</strong> Mortalities and<br />
Slaughter Wastes<br />
4 meters above seasonal high water<br />
table and 50 meters from property line<br />
Phase-in Date<br />
(period <strong>of</strong> time from date<br />
revised regulation is enacted<br />
that requirement is effective)<br />
Date revised regulation is<br />
enacted<br />
100 metre setbacks from watercourses Date revised regulation is<br />
enacted<br />
300 metres from potable water sources,<br />
residences, business, school, hospital,<br />
etc.<br />
Covered, prevent access, control fugitive<br />
dust and odours<br />
Incineration<br />
Date revised regulation is<br />
enacted<br />
Date revised regulation is<br />
enacted<br />
500 metres from residences Date revised regulation is<br />
enacted<br />
1,000 metres from business, school,<br />
hospital<br />
Meet emission limits, control fugitive<br />
dust and odours<br />
Composting mortalities<br />
Covered and bermed<br />
Setbacks – 30 metres from<br />
watercourses and potable water sources<br />
Impermeable surface<br />
5.7 Access to water in feeding areas<br />
Date revised regulation is<br />
enacted<br />
Date revised regulation is<br />
enacted<br />
Date revised regulation is<br />
enacted<br />
Date revised regulation is<br />
enacted<br />
Date revised regulation is<br />
enacted<br />
The ministry is proposing revisions to the regulation that<br />
will define livestock grazing and seasonal feeding areas<br />
and confined livestock areas, and will set requirements<br />
for access to watercourses.<br />
A. Livestock grazing areas/seasonal feeding areas<br />
The ministry is proposing that grazing areas and seasonal<br />
feeding areas for livestock, poultry and farmed game be<br />
operated in a manner that:<br />
<br />
Does not allow run<strong>of</strong>f or erosion <strong>of</strong> agricultural<br />
wastes, leachate or soil into watercourses; and<br />
B. Confined livestock areas<br />
The ministry is proposing to include confined livestock<br />
areas within the definition <strong>of</strong> a “storage facility”. These<br />
confined livestock areas would then be subject to the<br />
proposed storage facility requirements described in<br />
section 5.3.<br />
Agriculture operators would be required to ensure that<br />
there is no direct access to watercourses from confined<br />
livestock areas.<br />
In the situation <strong>of</strong> holding areas on rangeland where<br />
livestock are held no longer than 72 hours and the<br />
watercourse is not a source <strong>of</strong> potable water – agricultural<br />
operations would be required to operate in a manner that:<br />
<br />
<br />
<br />
<br />
Contains leachate;<br />
Diverts clean run<strong>of</strong>f water from the confined area;<br />
Does not allow run<strong>of</strong>f or erosion <strong>of</strong> agricultural<br />
wastes, leachate or soil into watercourses; and<br />
Prevents leaching into groundwater.<br />
Table 4. Proposed phase-in dates – access to water in<br />
feeding areas requirements<br />
Proposed Requirement –<br />
Access to Water in Feeding Areas<br />
No run<strong>of</strong>f, erosion or leachate into<br />
water-courses in seasonal feeding or<br />
grazing areas<br />
High risk seasonal areas and grazing<br />
areas (Lower Mainland) – no direct<br />
access to a watercourse<br />
High risk seasonal feeding areas and<br />
grazing areas (Interior) – no direct<br />
access to a watercourse<br />
Confined year-round areas – no<br />
direct access to a watercourse<br />
Phase-in Date<br />
(period <strong>of</strong> time from date<br />
revised regulation is enacted<br />
that requirement is effective)<br />
Date revised regulation is<br />
enacted<br />
3 years<br />
7 years<br />
3 years<br />
5.8 Land application <strong>of</strong> agricultural wastes and<br />
by-products<br />
The ministry’s intention is to provide clear and consistent<br />
guidance for “general requirements” involving land<br />
INTENTIONS PAPER – January 2012 Page 9 Ministry <strong>of</strong> Environment<br />
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EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.7b<br />
Review <strong>of</strong> the Agricultural Waste Control Regulation<br />
Policy Intentions Paper for Consultation<br />
application <strong>of</strong> agricultural wastes and by-products while<br />
encouraging good judgment (e.g., effective nutrient management<br />
planning).<br />
The ministry is proposing to define fertilizer and soil<br />
conditioner to be consistent with other regulations (such<br />
as the Organic Matter Recycling Regulation).<br />
The following general requirements and revisions to the<br />
regulation governing all land applications <strong>of</strong> agricultural<br />
waste and by-products are proposed:<br />
<br />
<br />
<br />
<br />
No direct discharge to surface water or groundwater.<br />
No land applications beyond the farm’s property<br />
boundary or in a manner that allows run<strong>of</strong>f beyond<br />
the farm’s property boundary. This could include the<br />
need for buffers or setbacks from the property<br />
boundary.<br />
Land application <strong>of</strong> nutrients from all sources must<br />
consider crop requirements, and be applied only as a<br />
fertilizer or a soil conditioner.<br />
Land application would not be allowed during certain<br />
times and conditions – i.e., on snow covered or frozen<br />
ground, in areas with standing water or saturated<br />
soils, in windy conditions, or at rates <strong>of</strong> application<br />
that exceed the amount <strong>of</strong> nutrients required for crop<br />
growth.<br />
Some jurisdictions prohibit manure applications on crops<br />
grown for human consumption due to food contamination<br />
issues. The ministry is considering a requirement that<br />
manure not be applied on crops grown for human<br />
consumption within 90 days prior to harvest. Comments<br />
are being sought on other options to address this concern.<br />
Table 5. Proposed phase-in dates – agricultural waste<br />
(manure) application practices requirements<br />
Proposed Requirement –<br />
Agricultural Waste (Manure)<br />
Application Practices<br />
Prohibited application times and<br />
weather conditions<br />
No application on human food crops<br />
within 90 days <strong>of</strong> harvest<br />
Phase-in Date<br />
(period <strong>of</strong> time from date revised<br />
regulation is enacted that<br />
requirement is effective)<br />
3 years<br />
5.9 Nutrient management planning<br />
Date revised regulation is<br />
enacted<br />
The ministry intends to implement nutrient management<br />
planning for agricultural operations as a tool to reduce<br />
risk <strong>of</strong> harm to the environment, and as a component <strong>of</strong><br />
good farm management.<br />
The ministry is proposing that all agricultural operations<br />
who are land applying agricultural wastes, by-products or<br />
other nutrient sources, be required to undertake nutrient<br />
management planning to ensure that the land application<br />
<strong>of</strong> nutrients from all sources (manure, composted materials,<br />
and fertilizers) do not exceed the crop requirements.<br />
A. Risk-based approach<br />
Comments received during the scoping phase indicate<br />
there is a need to identify high risk areas based on climate<br />
and environmental concerns, and that more specific requirements<br />
need to be put in place to protect these areas.<br />
The ministry is proposing a risk-based approach, whereby<br />
nutrient management planning, monitoring and testing<br />
and specific land application requirements would be<br />
based on potential impact or risk to the environment and<br />
human health. Land application in high risk areas, such as<br />
in high rainfall areas <strong>of</strong> the province or over unconfined<br />
aquifers, would constitute a higher risk for impact to the<br />
environment.<br />
Proposed Requirement –<br />
Agricultural Waste (Manure)<br />
Application Practices<br />
No direct discharge to surface<br />
water or groundwater and no<br />
applications beyond property<br />
boundary<br />
Land application only as a fertilizer<br />
or soil conditioner with<br />
consideration <strong>of</strong> crop requirements<br />
and all nutrient sources<br />
Phase-in Date<br />
(period <strong>of</strong> time from date revised<br />
regulation is enacted that<br />
requirement is effective)<br />
Date revised regulation is<br />
enacted<br />
Date revised regulation is<br />
enacted<br />
The ministry has reviewed environmental monitoring data<br />
and enforcement reviews, as well as agricultural nutrient<br />
management planning guidance documents (see, for example,<br />
the Canada-BC Environmental Farm Planning<br />
program) to identify factors and potential criteria for<br />
establishing risk categories for nutrient management<br />
planning requirements. The ministry is seeking comments<br />
regarding the applicability and practicality <strong>of</strong> the factors<br />
and potential criteria outlined in Table 6.<br />
INTENTIONS PAPER – January 2012 Page 10 Ministry <strong>of</strong> Environment<br />
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Review <strong>of</strong> the Agricultural Waste Control Regulation<br />
Policy Intentions Paper for Consultation<br />
Table 6. Proposed factors and criteria for determining high risk areas for land application<br />
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.7b<br />
Factor<br />
Criteria<br />
Geography /Climate High precipitation regions – 600 mm/yr or greater<br />
<br />
<br />
<br />
<br />
Areas over unconfined aquifers, or with high water tables<br />
Areas with certain soil textures, e.g., coarse/gravelly or sandy soils<br />
Areas with identified high levels <strong>of</strong> contaminants<br />
Areas with ecosystems or species at risk (e.g., red-listed and/or blue-listed species)1<br />
Size/Intensity Confined livestock operations over a certain size (e.g., 400 animal units per hectare) – including all species <strong>of</strong><br />
livestock and exotics<br />
<br />
Agricultural operations that produce or store over a certain quantity (e.g., over 30 tonnes per year) <strong>of</strong> agricultural<br />
wastes or by-products<br />
Note 1: See Ecosystems and Species at Risk in B.C.: http://www.env.gov.bc.ca/wld/serisk.htm<br />
B. Nutrient application assessment<br />
The ministry is proposing a risk-based approach for<br />
determining nutrient management planning and<br />
application requirements. Agricultural operations that<br />
land apply agricultural wastes or by-products would<br />
complete a “nutrient application assessment” screening<br />
tool to assess whether a more comprehensive Nutrient<br />
Management Plan (NMP) is required. The screening tool<br />
is being developed jointly by the Ministry <strong>of</strong> Agriculture<br />
and Ministry <strong>of</strong> Environment, and would assess whether<br />
there is an excess <strong>of</strong> nitrogen and phosphorus in the<br />
materials to be land applied for the amount <strong>of</strong> land<br />
available and the crop’s nutrient requirements.<br />
If the screening tool indicates that a NMP is not required,<br />
this indicates there is a low risk for over-application <strong>of</strong><br />
nutrients, and those agricultural operations would not be<br />
required to prepare a NMP but would follow the<br />
recommended application rate outlined in the nutrient<br />
application assessment screening tool. Minimal records<br />
proposed to be kept would be actual application volumes<br />
and rates, dates <strong>of</strong> applications, area <strong>of</strong> land applied on<br />
and crops grown.<br />
Agricultural operations in areas identified as “high risk”<br />
(see Table 6) would not complete the nutrient application<br />
assessment screening tool; they would be required to<br />
prepare and follow a nutrient management plan.<br />
The ministry recognizes the need for flexibility in nutrient<br />
management planning. Although agriculture operations in<br />
high risk areas would be required to follow the prepared<br />
plan, operators would have options for preparing a NMP:<br />
<br />
<br />
<br />
<br />
Using a sector-specific (e.g., dairy, orchard, field<br />
crops) standardized plan;<br />
Following guidelines and documents developed by<br />
the Ministry <strong>of</strong> Agriculture;<br />
Applying for an Environmental Farm Plan under the<br />
Environmental Farm Planning (EFP) Program; or<br />
Having a qualified pr<strong>of</strong>essional prepare the plan.<br />
The ministry is also seeking comments on the effectiveness<br />
<strong>of</strong> requiring certified custom applicators for<br />
specified situations, and suggestions regarding an<br />
appropriate certification process.<br />
If the screening tool indicates that a NMP is required,<br />
those agricultural operations would be required to prepare<br />
and follow a nutrient management plan.<br />
INTENTIONS PAPER – January 2012 Page 11 Ministry <strong>of</strong> Environment<br />
Page 131 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.7b<br />
Review <strong>of</strong> the Agricultural Waste Control Regulation<br />
Policy Intentions Paper for Consultation<br />
Table 7. Proposed phase-in dates – nutrient<br />
management planning requirements<br />
Proposed Requirement –<br />
Nutrient Management Planning<br />
Nutrient management planning<br />
required<br />
Nutrient application assessment<br />
completed<br />
Nutrient Management Plan completed<br />
5.10 Monitoring and testing<br />
Phase-in Date<br />
(period <strong>of</strong> time from date<br />
revised regulation is enacted<br />
that requirement is effective)<br />
Date revised regulation is<br />
enacted<br />
6 months<br />
1 – 2 years<br />
An understanding <strong>of</strong> soil and nutrient conditions,<br />
monitored on a regular basis, is a central element <strong>of</strong><br />
nutrient management planning. The ministry recognizes<br />
that many agricultural operations have established<br />
monitoring and testing programs and does not wish to<br />
impose undue regulatory requirements in situations that<br />
do not pose significant potential risk.<br />
The ministry is proposing the following monitoring and<br />
testing requirements as part <strong>of</strong> effective nutrient<br />
management planning:<br />
<br />
<br />
<br />
Agricultural operations in low risk areas would be<br />
required to undertake a baseline soils test prior to first<br />
land application and every three years thereafter.<br />
When a Nutrient Management Plan is indicated, an<br />
agricultural operation would be required to undertake<br />
a baseline soils test before the first land application <strong>of</strong><br />
nutrients, followed by a soils test one year after initial<br />
application and at least once every three years<br />
subsequently. As well, depending on the quantity<br />
involved, the material being land applied would be<br />
required to be tested.<br />
Agricultural operations in high risk areas would be<br />
required to undertake a baseline soils test and testing<br />
<strong>of</strong> the material being land applied for pathogens and<br />
nutrients, a soils test in the first fall after application<br />
<strong>of</strong> nutrients, and in the spring and the fall <strong>of</strong> every<br />
year thereafter.<br />
5.11 Record keeping<br />
The ministry is proposing that all agricultural operations<br />
maintain any records required under the regulation for a<br />
period <strong>of</strong> at least ten years. This would include completed<br />
nutrient application assessments (for applicable operations)<br />
and (for applicable operations) prepared nutrient<br />
management plans, nutrient test results <strong>of</strong> agricultural wastes<br />
and by-products, and soil test results. Any required records<br />
would have to be made available for review by a ministry<br />
<strong>of</strong>ficial, immediately on request.<br />
5.12 Additional considerations<br />
A. Emerging technologies and waste treatment<br />
options<br />
The current AWCR does not specifically address<br />
emerging technologies for treatment options (such as<br />
anaerobic digestion, or alkaline hydrolysis). The ministry<br />
is considering whether the revised regulation should<br />
address discharges from emerging practices and include<br />
specific provisions addressing new treatment options.<br />
B. Sector specific requirements<br />
The ministry is seeking comments on whether provisions<br />
are needed to address environmental impacts associated<br />
with sector-specific agricultural wastes such as effluent<br />
from greenhouses, food processing wash water or spent<br />
growing media.<br />
C. Regulating under a Code <strong>of</strong> Practice<br />
Under Section 22 <strong>of</strong> the Environmental Management Act<br />
and Schedule 2 <strong>of</strong> the Waste Discharge Regulation,<br />
agricultural operations are prescribed as acceptable for<br />
regulation under a code <strong>of</strong> practice.<br />
The ministry is proposing that the current Agricultural<br />
Waste Control Regulation be repealed and a code <strong>of</strong><br />
practice (as a Minister’s regulation) be enacted to provide<br />
a consistent and updated regulatory underpinning for the<br />
regulation <strong>of</strong> agricultural operations.<br />
5.13 Phase-in schedule for implementing the<br />
revised regulation<br />
It is recognized that agricultural operations will need time<br />
to adapt to new or different ways to manage their wastes<br />
and to be able to meet the revised requirements. The<br />
ministry is proposing a phase-in schedule (see Table 8) to<br />
allow agricultural operations sufficient time to comply<br />
with the revised regulation. The ministry is seeking<br />
comments regarding how specific provisions could be<br />
adopted – as well as suggestions regarding a reasonable<br />
phase-in schedule.<br />
INTENTIONS PAPER – January 2012 Page 12 Ministry <strong>of</strong> Environment<br />
Page 132 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.7b<br />
Review <strong>of</strong> the Agricultural Waste Control Regulation<br />
Policy Intentions Paper for Consultation<br />
Table 8.<br />
Summary <strong>of</strong> proposed phase-in dates for implementation <strong>of</strong> requirements<br />
Existing Storage Facilities<br />
Minimum one year’s storage<br />
Must be covered, bermed<br />
Must have impermeable floor surface<br />
Integrity testing<br />
Lagoons must be lined<br />
Proposed Requirement<br />
3 years<br />
1 year<br />
3 years<br />
3 years<br />
5 years<br />
30 metre setback distance from watercourses and potable water sources 5 to 7 years<br />
Waste from animals on fur farms (under pen storage) must meet same<br />
requirements as storage facilities<br />
New Storage Facilities<br />
Covered, bermed impermeable floor required<br />
Phase-in Date<br />
(period <strong>of</strong> time from date revised regulation is enacted that<br />
requirement is effective)<br />
3 to 5 years<br />
Date revised regulation is enacted<br />
30 metre setback distance from watercourses and potable water sources Date revised regulation is enacted<br />
Qualified pr<strong>of</strong>essional designed facility<br />
Field Storage<br />
Short term storage - covered and bermed<br />
Stored for longer than two weeks – must meet storage facility requirements<br />
Stored over unconfined aquifer – must be on impermeable surface, covered<br />
and bermed<br />
Composting and Curing Sites<br />
Covered, bermed, impermeable surface<br />
Date revised regulation is enacted<br />
Date revised regulation is enacted<br />
3 to 5 years<br />
Date revised regulation is enacted<br />
Date revised regulation is enacted<br />
30 metre setback from watercourses and potable water sources Date revised regulation is enacted<br />
Meet minimum temperature and retention times<br />
No direct discharge, prevent access by vectors<br />
Wood Waste Storage and Use<br />
Covered, bermed, impermeable surface<br />
Maximum 15 cm depth per year<br />
Date revised regulation is enacted<br />
Date revised regulation is enacted<br />
Date revised regulation is enacted<br />
Date revised regulation is enacted<br />
30 metre setback from watercourses, potable water sources Date revised regulation is enacted<br />
Disposal <strong>of</strong> Mortalities and Slaughter Wastes<br />
Burial<br />
4 meters above seasonal high water table and 50 meters from property line Date revised regulation is enacted<br />
100 metre setbacks from watercourses Date revised regulation is enacted<br />
300 from potable water sources, residences, business, school, hospital, etc. Date revised regulation is enacted<br />
INTENTIONS PAPER – January 2012 Page 13 Ministry <strong>of</strong> Environment<br />
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Review <strong>of</strong> the Agricultural Waste Control Regulation<br />
Policy Intentions Paper for Consultation<br />
Proposed Requirement<br />
Covered, prevent vector access, control fugitive dust and odour<br />
Incineration<br />
Phase-in Date<br />
(period <strong>of</strong> time from date revised regulation is enacted that<br />
requirement is effective)<br />
Date revised regulation is enacted<br />
500 metres from residences Date revised regulation is enacted<br />
1,000 metres from business, school, hospital, etc. Date revised regulation is enacted<br />
Meet emission limits, control fugitive dust and odour<br />
Composting<br />
Covered, bermed, impermeable surface<br />
Date revised regulation is enacted<br />
Date revised regulation is enacted<br />
30 metres from watercourses and potable water sources Date revised regulation is enacted<br />
Access to Water in Feeding Areas<br />
No run<strong>of</strong>f or erosion in seasonal feeding or grazing areas<br />
In high risk seasonal areas – no direct access to a watercourse (Lower<br />
Mainland)<br />
In high risk seasonal areas – no direct access to a watercourse (Interior)<br />
Confined year-round areas – no direct access to a watercourse<br />
Land Application Practices<br />
No direct discharge to surface water or groundwater and no applications<br />
beyond property boundary<br />
Land application only as a fertilizer or soil conditioner with consideration <strong>of</strong><br />
crop requirements and all nutrient sources<br />
Prohibited application times and weather conditions<br />
No application on human food crops within 90 days <strong>of</strong> harvest<br />
Nutrient Management Planning<br />
Nutrient management planning required<br />
Nutrient application assessment completed<br />
Nutrient Management Plan completed<br />
Date revised regulation is enacted<br />
3 years<br />
7 years<br />
3 years<br />
Date revised regulation is enacted<br />
Date revised regulation is enacted<br />
3 years<br />
Date revised regulation is enacted<br />
Date revised regulation is enacted<br />
6 months<br />
1 – 2 years<br />
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.7b<br />
6. Development <strong>of</strong> Guidelines and Use<br />
<strong>of</strong> Best Management Practices<br />
The proposed revised regulation may be supported by<br />
guidelines and/or best management practices (BMPs) that<br />
could provide detailed discussion and direction related to<br />
practices and procedures. These practices and<br />
procedures may be developed by the agricultural sector and<br />
other appropriate parties jointly with government and<br />
would not have the force <strong>of</strong> law. Guidelines or BMPs may<br />
be considered as assistance to persons governed by a<br />
regulation in meeting their legal obligations. The ministry<br />
is also interested in supporting the development and use <strong>of</strong><br />
materials that utilize and/or support existing programs and<br />
best management practices, such as the Environmental<br />
Farm Planning (EFP) Program.<br />
INTENTIONS PAPER – January 2012 Page 14 Ministry <strong>of</strong> Environment<br />
Page 134 <strong>of</strong> 141
EAAC - <strong>REGULAR</strong> <strong>AGENDA</strong><br />
May 3, 2012 - Item F.7b<br />
Review <strong>of</strong> the Agricultural Waste Control Regulation<br />
Policy Intentions Paper for Consultation<br />
7. Consultation With First Nations<br />
Information concerning consultation with First Nations<br />
with respect to proposed revisions to the AWCR will be<br />
developed in accordance with legal requirements,<br />
ministry policy and government direction.<br />
8. Awareness, Compliance and<br />
Enforcement<br />
A. Awareness and compliance promotion<br />
The ministry will work with agricultural organizations,<br />
industry sectors, and other agencies (Ministries <strong>of</strong><br />
Agriculture, Health, etc.), and through other programs<br />
such as the EFP Program, on education and awareness<br />
initiatives to ensure producers are aware and understand<br />
the revised regulation and requirements.<br />
B. Compliance verification and enforcement<br />
The Ministry <strong>of</strong> Environment’s approach to assuring<br />
compliance with the revised regulation will include<br />
regular and random compliance reviews and inspections,<br />
as well as reviews and inspections in response to<br />
identified or potential issues or concerns regarding<br />
protection <strong>of</strong> the environment or human health.<br />
The Ministry <strong>of</strong> Environment’s response to noncompliance<br />
includes requests for development <strong>of</strong> plans,<br />
requests for information or monitoring, written<br />
advisories, warnings, orders, tickets and prosecutions.<br />
The choice <strong>of</strong> response will be based on ministry-wide<br />
policy, the compliance history, and the significance <strong>of</strong> the<br />
impact from the non-compliance occurrence.<br />
9. Providing Comment on the Proposed<br />
Intentions<br />
Comments regarding the ministry’s intentions are being<br />
solicited and will be carefully considered in revising the<br />
AWCR.<br />
This intentions paper and a response form based on the<br />
proposed revisions to the AWCR have been posted on the<br />
ministry’s consultation web site.<br />
Those interested are invited to submit comments on the<br />
ministry’s intentions. The ministry also encourages<br />
associations to distribute the intentions paper among their<br />
members. All submissions will be reviewed for inclusion<br />
in a consultation summary report and comments will be<br />
treated with confidentiality by ministry staff and<br />
contractors when preparing consultation reports. Please<br />
note that comments you provide and information that<br />
identifies you as the source <strong>of</strong> those comments may be<br />
publicly available if a Freedom <strong>of</strong> Information request is<br />
made under the Freedom <strong>of</strong> Information and Protection<br />
<strong>of</strong> Privacy Act.<br />
If you have any questions or comments regarding the<br />
consultation process, review the information posted on<br />
the ministry website, or contact Cindy Bertram <strong>of</strong> C.<br />
Rankin & Associates, who has been contracted to manage<br />
consultation comments, at:<br />
Email: cindybertram@shaw.ca<br />
Mail: PO Box 28159 Westshore RPO<br />
Victoria BC V9B 6K8<br />
Fax: (250) 598-9948<br />
Comments to the ministry should be made on or<br />
before March 31, 2012.<br />
Thank you for your time and comments!<br />
INTENTIONS PAPER – January 2012 Page 15 Ministry <strong>of</strong> Environment<br />
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May 3, 2012 - Item F.7c<br />
REGIONAL DISTRICT OF NORTH OKANAGAN<br />
MEMBER MUNICIPALITIES:<br />
ELECTORAL AREAS:<br />
CITY OF ARMSTRONG VILLAGE OF LUMBY “B” – SWAN LAKE “E” – CHERRYVILLE<br />
DISTRICT OF COLDSTREAM TOWNSHIP OF SPALLUMCHEEN “C” – B.X. DISTRICT “F” – ENDERBY (RURAL)<br />
CITY OF ENDERBY CITY OF VERNON “D” – LUMBY (RURAL)<br />
Direct Tel: (250) 550.3741<br />
Email: nicole.kohnert@rdno.ca<br />
OFFICE OF: ENGINEERING<br />
April 23, 2012<br />
DRAFT<br />
OUR FILE No.: 5215.0<br />
Cindy Bertram<br />
C. Rankin & Associates<br />
PO Box 28159 Westshore RPO<br />
Victoria, BC V9B 6K8<br />
Dear Ms. Bertram:<br />
Re:<br />
Review <strong>of</strong> Agricultural Waste Control Regulation Policy Intentions Paper<br />
Consultation Response<br />
Thank you for the opportunity to review and comment on t he Agricultural Waste Control<br />
Regulation Policy Intentions Paper (the Paper). The Paper has been reviewed in detail and the<br />
comments contained herein have also been reviewed and supported by the <strong>Regional</strong> <strong>District</strong> <strong>of</strong><br />
<strong>North</strong> <strong>Okanagan</strong> (RDNO) Board <strong>of</strong> Directors.<br />
3.1 Objectives<br />
We would like you to:<br />
a. Set stringent standards that can only be modified with recommendations from qualified<br />
pr<strong>of</strong>essionals<br />
b. Label all high risk streams/aquifers in BC.<br />
Section 4 - Background<br />
A. Under Surface Water Quality, please add the following in Paragraph 2:<br />
a. Blue-green algae can consist <strong>of</strong> "cyanotoxins" or "cyanobacterial toxins." Some bluegreen<br />
algal blooms can be toxic or poisonous if swallowed by wildlife, livestock or<br />
people. For additional information refer to the link below.<br />
http://www.healthlinkbc.ca/healthfiles/hfile47.stm<br />
<strong>Regional</strong> <strong>District</strong> <strong>of</strong> <strong>North</strong> <strong>Okanagan</strong><br />
9848 Aberdeen Road<br />
Coldstream, BC<br />
V1B 2K9<br />
Phone: 250-550-3700<br />
Fax: 250-550-3701<br />
Web: www.rdno.ca<br />
E-Mail: info@rdno.ca<br />
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Dated: April 23, 2012<br />
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May 3, 2012 - Item F.7c<br />
B. Under Groundwater Quality, please revise Paragraph 1 line 9 to include the following:<br />
a. This is <strong>of</strong> particular concern in areas <strong>of</strong> high precipitation, irrigated croplands and<br />
livestock operations and over unconfined aquifers.<br />
b. The study listed as a link below describes nitrate impact to groundwater and domestic<br />
drinking water.<br />
http://groundwaternitrate.ucdavis.edu/files/138956.pdf<br />
E. Under Examples from Environmental Monitoring, note that Paragraph 1 line 10 should state<br />
that Kalamalka Lake is a primary source <strong>of</strong> drinking water for Greater Vernon area (approx<br />
35,000 customers).<br />
Section 5 - Proposed Revisions<br />
5.1 Revised Definitions<br />
a. The proposed code <strong>of</strong> practice definitions should ensure consistency with other legislation<br />
and regulations such as the Drinking Water Protection Act, for example:<br />
• "recharge area" means any land within which water enters an aquifer;<br />
• "aquifer" means an aquifer as defined in the Water Act;<br />
• "stream" means a stream as defined in the Water Act;<br />
• "well" means a well as defined in the Water Act;<br />
• "domestic purposes" means the use <strong>of</strong> water for<br />
(a) human consumption, food preparation or sanitation,<br />
(b) household purposes not covered by paragraph (a), or<br />
(c) other prescribed purposes;<br />
• "drinking water source" means a stream, reservoir, well or aquifer from which drinking<br />
water is taken;<br />
• “potable water" means water provided by a domestic water system that<br />
(a) meets the standards prescribed by regulation, and<br />
(b) is safe to drink and fit for domestic purposes without further treatment<br />
• “high risk areas” – ensure these are defined.<br />
b. This would be a very good time to properly define what is considered ‘agricultural solid<br />
waste’ as opposed to ‘municipal solid waste (MSW)’. The Environmental Management Act<br />
(the Act) defines MSW by its source, specifically residences, businesses, demolition,<br />
landclearing and construction, or what a Director specifies should be in an MSW<br />
Management Plan. It is unclear at this time whether or not the business <strong>of</strong> agriculture and<br />
the farm residence is included as a source within this definition. For clarity, Local<br />
Government has no jurisdiction or requirement to collect, process or dispose <strong>of</strong> this waste<br />
unless Local Government specifies in their MSW Management Plans that agricultural waste<br />
will be included, and the MOE approves this.<br />
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Dated: April 23, 2012<br />
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May 3, 2012 - Item F.7c<br />
c. It must be clarified whether or not agriculture plastics such as twine, sheet plastic, silage<br />
and hay bale bags, pipe and planting pots are included in these revisions as there is<br />
anecdotal evidence that this material is being burned and/or buried on farms.<br />
d. It must be clarified whether or not mortalities or their parts produced from any occurrence at<br />
an agricultural operation, including as a result <strong>of</strong> an order from the Canadian Food<br />
Inspection Agency, regular slaughter or natural causes should not be disposed at MSW<br />
disposal facilities.<br />
e. Clarify ‘disposal’ <strong>of</strong> agricultural by-products.<br />
5.3 Storage <strong>of</strong> Agricultural Waste and By-Products<br />
a. Storage facilities should be monitored and tested (with specified locations and frequency) to<br />
ensure there is no leakage and monitoring wells should be installed, sampled and results<br />
reported to MOE Compliance and Enforcement. Copies <strong>of</strong> results to be provided to water<br />
purveyors that may be affected by the particular facility.<br />
b. For Table 1 – proposed phase-in dates the following comments are provided:<br />
• One year maximum to line existing lagoons is suggestd.<br />
• The setback distance to property boundaries, water courses, unconfined aquifers and<br />
potable water sources should be at least 100 m and consistent with the Municipal Sewer<br />
Regulation and Phase-in-Date should be “Date Revised Regulation is Enacted”.<br />
• A setback distance <strong>of</strong> less than 100 m must be assessed by a qualified engineering<br />
pr<strong>of</strong>essional to ensure no possible threats to a potable water source exists<br />
• Where existing storage facilities pose a ‘current’ threat to water quality, the setback<br />
requirements must be imposed immediately<br />
• Set requirements based on the science used for establishing similar setbacks, etc. in<br />
other regulations and guidelines.<br />
c. Short term field storage should meet all terms the Ministry has proposed including not<br />
applying on frozen land, on areas with standing water or on saturated soil.<br />
d. Agree with repealing the provision for long term field storage and with the requirement that<br />
field storage specifications meet the storage facility requirements.<br />
e. Table 2 – A New Storage Facility or an Existing Storage Facility should meet the “Proposed<br />
Requirements for Existing Storage Facilities” (listed in Table 1).<br />
f. Agree with the requirement that materials be stored in a manner that prevents leachate<br />
generation, run-<strong>of</strong>f and erosion at all times <strong>of</strong> the year.<br />
g. Where there is known groundwater contamination from adjacent properties (e.g. old landfill),<br />
it is suggested that storage <strong>of</strong> agricultural waste is conducted at least 100 m from the known<br />
delineation <strong>of</strong> the existing plume.<br />
5.4 Storage and Use <strong>of</strong> Wood Waste<br />
The comments for this section primarily consist <strong>of</strong> defining wood waste appropriately. The<br />
storage and use <strong>of</strong> wood waste as indicated in the Intentions Paper are acceptable.<br />
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Dated: April 23, 2012<br />
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May 3, 2012 - Item F.7c<br />
With respect to use <strong>of</strong> wood waste from municipal operations, we provide the following<br />
comments:<br />
a. As the RDNO produces wood chips from clean wood (e.g. pallets, stumps and limbs) and<br />
from used/treated wood (e.g. furniture, buildings) it is suggested that a tight definition for this<br />
material be included in case this material is provided to agricultural operations.<br />
b. Wood waste (as per a. above) could be composted with manure and therefore type and<br />
contaminant level <strong>of</strong> the wood waste brought onto farms should be specified.<br />
c. The sale and use <strong>of</strong> the wood waste compost should be specified in relation to the source <strong>of</strong><br />
the wood waste.<br />
5.5 Composting Agricultural Waste<br />
a. Ensure consistency with OMRR and other pertinent regulations and guidelines.<br />
5.6 On-Farm Disposal <strong>of</strong> Mortalities and Slaughter Waste<br />
Besides the following comments, staff agrees with the phase in dates as presented in Table 3<br />
which list the phase in date for the proposed requirements to be the date <strong>of</strong> enactment. We<br />
provide the following additional comments:<br />
a. Use <strong>of</strong> materials for co-composting such as wood chips should be defined – see Section 5.4<br />
above<br />
b. Ensure consistency with other guidelines and regulations<br />
c. Ensure air emissions and odours are managed so as to contain them within property<br />
boundaries<br />
d. Ensure consistency with all landfilling and incineration guidelines and criteria including those<br />
for municipal solid waste<br />
e. Ensure consistency with other guidelines and regulations – set backs from unconfined<br />
aquifers and water sources to prevent leaching to ground water and surface run<strong>of</strong>f.<br />
5.7 Access to Water in Feeding Areas<br />
a. Best Management Practices as outlined in the FLNRO -Range Management and Water –<br />
note that a 450 kg (1000 lb) cow will defecate 12 times per day at 2.3 kg (5lbs) per<br />
defecation. 95% <strong>of</strong> feces directly deposited into a stream will settle within 50 m. Bacteria in<br />
sediment may remain active for several weeks or months. Daily input <strong>of</strong> feces will<br />
accumulate as long as livestock have unrestricted stream access and any disturbance can<br />
re-suspend sediment.<br />
b. It should be noted that run<strong>of</strong>f occurs along trails carrying sediment and fecal contamination<br />
into streams, wetlands and lakes.<br />
c. Off-stream watering alone will greatly reduce (by up to 95%) the time cattle spend in<br />
streams and riparian areas.<br />
d. There should be no direct access to watercourses from confined livestock areas.<br />
e. The 7 year phase in proposed for restricted access in feeding areas in high risk seasonal<br />
areas and grazing areas (Interior) is too long. The phase in date should be no longer than 3<br />
years for high risk areas and no longer than 5 years for moderate risk areas.<br />
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May 3, 2012 - Item F.7c<br />
f. It should be noted that some Local Governments in BC are ensuring compliance with the<br />
Riparian Areas Regulation and as such has Official Community Plans, Zoning Bylaws and<br />
Building Bylaws, etc that specify requirements. As these may set more stringent<br />
requirements it is suggested that all Local Government requirements are reviewed before<br />
this amendment is developed.<br />
5.8 Land Application <strong>of</strong> Agricultural Wastes and By-Products<br />
a. Be consistent with all environmental protection legislation and guidelines.<br />
b. Section 13 and 14 <strong>of</strong> the Water Act already states that – no land application beyond the<br />
farm’s property boundary or in a manner that allows run<strong>of</strong>f beyond farm’s property boundary<br />
– therefore buffers and setbacks should be included.<br />
c. Land application should not to be allowed during certain times and conditions – frozen or<br />
snow covered ground, areas <strong>of</strong> standing water or saturate soils.<br />
d. All phase in dates should be set to “Date Revised Regulation Enacted”, including prohibiting<br />
application times and weather conditions (Paper states 3 year phase in).<br />
5.9 Nutrient Management Planning<br />
a. Be consistent with all environmental protection legislation and guidelines and do not exceed<br />
crop requirements nor increase nutrient loading to watercourses or unconfined aquifers.<br />
b. Staff agrees with a risk-based approach, however, ensure it is clear that land application in<br />
high risk areas such as high rainfall areas <strong>of</strong> the Province, irrigated crops or over unconfined<br />
aquifers, would constitute a higher risk for impact to the environment. Also ensure risk is<br />
outlined for areas where there is rain on snow or frozen ground to watercourses and<br />
unconfined aquifers.<br />
5.12 Additional Considerations<br />
a. Definitely address emerging technologies as there is tremendous impact on Local<br />
Government with respect to the ‘Not In My Backyard’ syndrome. The average resident next<br />
to a farm does not understand the difference between an industrial and an agricultural<br />
operation nor whose jurisdiction the impacts will fall under (e.g. odour, air emissions, liquid<br />
waste, solid waste, etc).<br />
b. Spent growing media needs to be defined accurately. For example, plastic pots, sheeting or<br />
pipes have not been defined as MSW and should be managed outside the local MSW<br />
system.<br />
c. Clean Farms is developing a stewardship program that may be able to manage all solid<br />
waste generated on farms: http://www.cleanfarms.ca/aboutus/. It is suggested that they be<br />
contacted to see how this program impacts the amendment.<br />
d. I don’t see anything in the Intentions Paper that mentions waste products being brought onto<br />
site for use in agricultural operations such as gypsum drywall waste and how this should be<br />
managed. Another example is Sun Rype – Bio-solids application.<br />
e. It is not clear how seemingly opposite objectives <strong>of</strong> big agriculture and environmental<br />
protection will be aligned.<br />
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Dated: April 23, 2012<br />
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May 3, 2012 - Item F.7c<br />
5.13 Phase-In<br />
Table 8 contains a summary <strong>of</strong> the phase in dates for implementation <strong>of</strong> the requirements.<br />
These are generally ok, except that five to seven years to allow for protection <strong>of</strong> streams is too<br />
long. A 30 m setback and fencing in high risk areas should be enforced within one year.<br />
8. Awareness, Compliance and Enforcement<br />
The following should be clear in the revisions:<br />
a. whether or not the Provincial Conservation Officers will be involved in inspections and<br />
enforcement<br />
b. how a water purveyor will be made aware when requirements are not being met and there is<br />
pollution to a water source, or whether or not the agriculturalist will be required to have a<br />
Contingency or Emergency Plan for spills or pollution<br />
c. the interaction MOE will have with Local Government<br />
d. how water allocations will be affected<br />
e. non-compliance with regulation should come under the provision <strong>of</strong> the Environmental<br />
Management Act – Part 10.<br />
If you have any questions please contact Nicole Kohnert, P.Eng., FEC, Manager <strong>of</strong> <strong>Regional</strong><br />
Engineering Services at 250-550-3741, or Renee Clark, Water Quality Manager at 250-550-<br />
3747.<br />
Yours truly,<br />
Trafford Hall<br />
Administrator<br />
NK:<br />
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