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Winnipeg By-law 35/2017, s. 27(a) — Fire Prevention By-law

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holds a valid trades licence;

  • (b) provides evidence that he or she meets or continues to meet the qualifications set out in Schedule “C” (or as otherwise established under this section) for the type of fire protection/life safety installation for which the service licence or renewal of a service licence is sought; and
  • (c) pays a fee. 28(2) A fee is payable prior to a service licence being issued and is not reduced if the service licence is valid for a period of time shorter than the validity period of any trades licence held by the person to whom the service licence has been issued. 28(3) Where specified in Schedule “C”, the Chief may establish standards and qualifications that individuals must meet or obtain in order to be issued a service licence. 28(4) The standards and qualifications referred to in subsection (3) may be based on the individual having completed training or education courses or having received a certification designation that the Chief considers sufficient evidence of that individual’s competence in performing the test, inspection or maintenance required with respect to the particular type of fire protection/life safety installation or class thereof. 28(5) Notwithstanding subsection (1), where an individual does not hold the qualifications set out in Schedule “C” for a particular type of fire protection/life safety installation, the Chief may nevertheless issue a service licence to that individual with respect to that type of fire protection/life safety installation if the individual provides evidence to the satisfaction of the Chief of his or her competence to perform the tests, inspections or maintenance required by the Manitoba Fire Code with respect to that type of fire protection/life safety installation. 29 Suspension or revocation of service licence 29(1) A designated employee may suspend or revoke a service licence if:
  • (a) the licenced service person has failed to comply with the requirements of subsection 28(1); By-law No. 35/2017 11
  • (b) past conduct of the licenced service person creates a reasonable concern that he or she will not comply with subsection 28(1) in the future;
  • (c) the licenced service person has inspected or maintained a particular type of fire protection/life safety installation without first obtaining a service licence or with an expired service licence;
  • (d) the licenced service person fails to test, inspect or maintain a particular type of fire protection/life safety installation in compliance with the Manitoba Fire Code;
  • (e) past conduct of the licenced service person creates a reasonable concern that he or she will fail to test, inspect or maintain a particular type of fire protection/life safety installation in compliance with the Manitoba Fire Code in the future;
  • (f) the licenced service person tests, inspects or maintains a particular type of fire protection/life safety installation which they are not qualified to test, inspect or maintain, as the case may be; or
  • (g) the licenced service person provides false or misleading information in the service licence application that has an effect on the decision to grant the service licence. 29(2) Before suspending or revoking a service licence under subsection (1), the designated employee must:
  • (a) notify the licenced service person in writing that suspension or revocation of the service licence is being considered;
  • (b) provide in writing the reasons why suspension or revocation of the service licence is being considered; and
  • (c) give the licenced service person a reasonable opportunity to be heard concerning the possible suspension or revocation of the service licence. 29(3) If a designated employee decides to revoke a service licence, he or she must identify the date before which, or the time frame within which, the licenced service person is not permitted to reapply for the service licence. 29(4) A decision concerning the suspension or revocation of a licence must be sent to the licenced service person in accordance with The City of Winnipeg Charter and is subject to appeal. 29(5) Any service licence that is revoked under this section must be immediately returned to the designated employee. 30 Label requirements 30(1) Subject to subsection 30(6), the owner of a building must ensure that a valid, up-to-date label conforming with this By-law is affixed to each fire protection/life safety installation specified in Schedule “C” By-law No. 35/2017 12
  • (a) at the location;
  • (b) at the point in time; and
  • (c) by a licenced service person all as specified in Schedule “C”. 30(2) Subject to subsection (4), the label
  • (a) must be applied with adhesive so that it cannot be easily removed;
  • (b) must not obscure any visual indicators or instructions on the fire protection/life safety installation;
  • (c) must not interfere with any locking device or the operation of the fire protection/life safety installation; and
  • (d) must be legible at all times. 30(3) The label must contain:
  • (a) a statement that the fire protection/life safety installation has been inspected, tested, maintained or cleaned in accordance with the Manitoba Fire Code;
  • (b) the date of the inspection, test or cleaning;
  • (c) the date on which the next inspection, test or cleaning is required;
  • (d) the address of the property at which the fire protection/life safety installation was tested, inspected or cleaned;
  • (e) the name, signature and service licence number of the licenced service person who conducted the inspection, test or cleaning and the company by whom the person was employed, if applicable;
  • (f) either a statement that the installation is fully functional or a statement that the installation is not fully functional;
  • (g) either a statement that the system has deficiencies or a statement that the system does not have deficiencies; and
  • (h) a statement that the label does not substitute for a report on the inspection, test or cleaning where such a report is required by the Manitoba Fire Code. 30(4) Notwithstanding subsection (2), a label may be attached to a hose system by way of a string or wire rather than being applied with adhesive. 30(5) The owner of a building must ensure that expired labels are removed from the fire protection/life safety installation or are entirely covered by a valid, up-to-date label. By-law No. 35/2017 13 30(6) The requirements under this section are satisfied where an inspection certificate has been issued pursuant to the Steam and Pressure Plants Act, C.C.S.M c. S210, for inspections completed for boilers not exceeding 50 HP. 31 Label where deficiencies are corrected 31(1) Where deficiencies identified in an inspection, test or cleaning have been corrected after

a label referring to the deficiencies has been affixed to the fire protection/life safety installation,

the owner of a building must ensure that a new label that reflects the fact that the deficiencies have been corrected is affixed to the fire protection/life safety installation. 31(2) A label affixed in compliance with subsection (1) must:

  • (a) set out the date of the original inspection;
  • (b) set out the name, signature and service licence number of the licenced service person who corrected the deficiencies; and
  • (c) set out the date on which the next inspection, test or cleaning is required, as calculated from the date of the original inspection, all of which must be printed in red ink in contrast with the rest of the label contents. 32 Offence to fill out label without licence or to provide false information on label 32(1) A person commits an offence if he or she
  • (a) provides information on a label without holding a valid licence to test, inspect or maintain the type of fire protection/life safety installation to which the label applies;
  • (b) attaches a label to a fire protection/life safety installation that contains information provided by an unlicensed individual; or
  • (c) provides false information on a label. 32(2) The owner of a building commits an offence if he or she permits a label that contains false information or information that has been provided by an unlicensed individual to be attached to a fire protection/life safety installation in the building. 33 Offence to damage, tamper with, etc.

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