Burlington Northern Santa Fe (BNSF) Railway Blocked Access to Crescent Beach

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1 CORPORATE REPORT NO: R161 COUNCIL DATE: July 27, 2015 REGULAR COUNCIL TO: Mayr & Cuncil DATE: July 23, 2015 FROM: Fire Chief FILE: SUBJECT: Burlingtn Nrthern Santa Fe (BNSF) Railway Blcked Access t Crescent Beach RECOMMENDATION The Fire Service recmmends that Cuncil: 1. Adpt a Reslutin as described in Appendix I, t address the emergency access impsed upn the Citizens f Crescent Beach shuld there be a request fr Emergency Service respnse while a stpped Burlingtn Nrthern Santa Fe (BNSF) r ther trains blck the nly tw access rads int the cmmunity. 2. Receive infrmatin f the installatin f CCTV cameras, as well as an electrnic mnitring system, at the tw at grade level rail crssings int Crescent Beach (Crescent Rad and McBride Avenue) t assist in determining unimpeded access during an Emergency int Crescent Beach and t mnitr and dcument any cntraventin f Transprt Canada Rail Regulatins r any failure f BNSF rail t invke the Stpped Train Prtcl during a railway incident that blcks either f these crssings. INTENT The purpse f this reprt is t prvide infrmatin t Cuncil regarding the January 5, 2015 incident, and ther incidents f an bstructed grade crssing by BNSF trains, and the subsequent respnse frm an investigatin by Transprt Canada, whereby a BNSF train blcked access t the cmmunity f Crescent Beach. This reprt als advises Cuncil f several measures in respnse t this safety cncern, including adptin f a Reslutin, installatin f CCTV cameras, and installatin f ther electrnic mnitring hardware, as discussed belw. BACKGROUND The BNSF Railway perates alng the castline f Bundary Bay and Mud Bay in Suth Surrey. The nly tw vehicular access pints int the cmmunity f Crescent Beach crss the railway tracks at Beecher Street and at McBride Avenue. Given the clse prximity f these tw crssing (apprx. 500 meters), any mving train temprarily blcks bth rad accesses. If a BNSF train is stpped due t mechanical failure, r the tracks are impassible, the resulting blckage f these access rads leaves n means fr vehicles t travel int r ut f the cmmunity. This is f particular cncern during emergency circumstances and als fr regular daily transprtatin requirements fr the cmmunity. On January 5, 2015 at 3:30 am, a resident phned Fire Dispatch t advise that a BNSF train had been stpped n the tracks fr the past 2 hurs, blcking bth access crssings int Crescent Beach. The

2 - 2 - City launched a cmplaint f the incident with Transprt Canada, citing failure by BNSF t invke the Stpped Train Prtcl as well as the apparent vilatin t Transprt Canada Rail Operating Rules. On June 24, 2015, a meeting was held between the City f Surrey and Transprt Canada. The purpse f the meeting was t discuss the fllw-up respnse frm Transprt Canada regarding the cmplaint against BNSF. In attendance were Fire Chief Len Garis and Deputy Chief Dan Barnscher representing the City f Surrey, and Marc Grignn and Jim Hrbay, representing Transprt Canada. DISCUSSION Great cncern was raised by the City that in the past few years, several pprtunities have arisen where the Stpped Train Prtcl shuld have been exercised but had failed t be implemented by BNSF. Further, it appears that BNSF was in vilatin f Transprt Canada Rail Operating Rules fr which Transprt Canada did nt appear t take actin in applying any sanctins r cnsequences n BNSF. It is the City s view that BNSF and Transprt Canada failed t recgnize the seriusness f the Crescent Beach cmmunity becming cmpletely islated whenever a stpped BNSF train blcks the nly tw access rads. This creates an elevated life safety risk shuld there be a request fr Emergency Services int the cmmunity f Crescent Beach. Transprt Canada expressed their desire t investigate all cmplaints in reference t a reprted cntraventin f the Rail Operating Rules; hwever their interpretatin was that the incident was nt substantiated with sufficient evidence. During the meeting, Transprt Canada was given a tempral assessment f emergency calls fr service t the cmmunity t demnstrate the cncerns and nature f risk inherent in the blckages. Transprt Canada advised: Since the date this cmplaint was filed by the City f Surrey, Transprt Canada has been mnitring BNSF traffic thrugh the Crescent Beach area t ensure safe rail practices are being fllwed. There had been n bserved cntraventins t the railway act during this mnitring perid f BNSF peratins. Regulatins are difficult t enfrce withut evidence, specifically, evidence frm the trains black bx recrding device. Depending n the manufacturer and capacity f the black bx, the data is nly retained frm 48 hurs t 7 days. Ging frward, it is imprtant that future alleged vilatins t the regulatins need t be reprted immediately t Transprt Canada. Transprt Canada will be fllwing up with a letter t the City f Surrey utlining investigative prcesses and penalties that will be enfrced shuld there be anther cntraventin t the Transprt Canada Operating Rules. The City advised: These stpped train events that blck the nly access rads int Crescent Beach are unpredictable. These events represent a life safety threat t residents and visitrs f Crescent Beach, and are nt just an incnvenience. This incident was just ne f the many that have taken place ver the past number f years in which a stpped BNSF train has islated the cmmunity f Crescent Beach. June, 2007, mechanical failure caused Emergency Brake cnditin blcking bth access pints int Crescent Beach Nvember 12, 2010, 07:00 AM, mechanical failure caused Emergency Brake cnditin blcking bth access pints fr 30 minutes

3 - 3 - June 26, 2014, 7:15 AM, a knuckle failure n the suth Crescent Beach curve causes a nrthbund, mixed freight train t split, and engage undesired emergency brake applicatin (UDE), blcking all access t/frm Crescent Beach fr 45 minutes. August 2, 2014, 9:35 PM, a knuckle failure n the suth Crescent Beach curve causes a nrthbund, unit cal train t split, and engage UDE, blcking all access t/frm Crescent Beach fr 10 minutes at the Beecher street crssing, and fr 3 hurs at the McBride street crssing. December 27, 2014, 10:15 PM, a knuckle failure n the suth Crescent Beach curve causes a nrthbund, mixed freight train #5614 t split, and idle within the cmmunity fr 90 minutes while being put back tgether. January 5, 2015, 1:45 AM, a fallen tree frm the slpe n the suth Crescent Beach curve, causes a nrthbund cal train t engage undesired emergency brake applicatin (UDE), blcking all access t/frm Crescent Beach fr 4 hurs. Transprt Canada is the regulatry bdy and as such, shuld be enfrcing the regulatins. BNSF cntinues t demnstrate a lack f cncern thrugh nn-cmpliance f regulatins that ges unchecked withut cnsequences. The Stpped Train Prtcl, in place since 2009, wrks well when BNSF is ntified by Surrey Fire Dispatch f an emergency requiring the stppage f trains, hwever BNSF des nt reciprcate t advise when a train is stpped, and blcking an at grade rail crssing. BNSF cntinues t cntravene the Transprt Canada Rail Operating Rule that requires a stpped train that blcks a crssing t be mved r separated within 5 minutes. Evidence f the blcked access issues int Crescent Beach is available thrugh recrded 911 phne calls frm residents int Fire Dispatch. Newly develped Rail Regulatins (March, 2015) develped in cnsultatin with Federatins f Canadian Municipalities prvides the means fr the City t establish a reslutin t address these at grade rail crssing access issues with BNSF. Sec 98. (1) If railway equipment is perated in a manner that regularly causes the bstructin f a public grade crssing, including by the activatin f a warning system, and the municipality where the grade crssing is lcated declares in a reslutin that bstructin f the grade crssing creates a safety cncern, the railway cmpany and the rad authrity must cllabrate t reslve the safety cncern. In rder t fully dcument all future instances, City staff have arranged t install CCTV cameras t be psitined at bth BNSF crssings int Crescent Beach, (Crescent Rad and McBride Avenue). This visual, time stamped evidence, shuld cmpel Transprt Canada t enfrce Regulatins as well as put BNSF n ntice that any cntraventin t Rail Regulatins are being recrded. These CCTV cameras will mnitr rail traffic and recrd any ccurrence f a cntraventin by BNSF Rail, f the Canada Rail Operating Rules, specifically Rule #103 sec. d - n part f a mvement (train) may be allwed t stand n a part f a public crssing at grade, fr a lnger perid than five (5) minutes, when vehicular r pedestrian traffic requires passage. Mnitring f the CCTV cameras will take place at the City Traffic Operatins Centre as well as Fire Dispatch Centre. Vide ftage will be captured and retained 24/7, fr a perid f 4 weeks befre it is lped back and verwritten. CCTV cameras will prvide the City and first respnders with immediate knwledge f rail traffic, better auditing f the Stpped Train Prtcl and vide evidence f any cntraventin by BNSF Rail f the Canada Rail Operating Rules regarding these tw at grade level rail crssings int the Cmmunity f Crescent Beach. All instances where n actin was

4 - 4 - taken by BNSF r where BNSF acted in cntraventin t Rail Regulatins, will be dcumented, and immediately submitted t Transprt Canada fr investigatin. In additin, the City will install an electrnic mnitring device that will prvide Fire Dispatch with ntificatin f all rail traffic at these tw crssings, whether mving r stpped. This will assist in prviding uninterrupted vehicular access at BNSF grade level rail crssings during Emergency Respnse int Crescent Beach. Alarm ntificatin t Fire Dispatch will trigger dispatchers t view the CCTV live feed t determine if a train is stpped, and blcking access, r is mving thrugh the tw at grade level crssings int Crescent Beach. This will als facilitate the enfrcement f Transprt Canada Rail Regulatins that require any stpped train blcking rail crssings t be mved r separated after 5 minutes, t prvide unimpeded access fr vehicular traffic. CONCLUSION Based n the abve discussin, the Fire Service recmmends that Cuncil: Adpt a Reslutin as described in Appendix I, t address the emergency access impsed upn the Citizens f Crescent Beach shuld there be a request fr Emergency Service respnse while a stpped Burlingtn Nrthern Santa Fe and ther trains blck the nly tw access rads int the cmmunity. Receive infrmatin f the installatin f CCTV cameras, as well as an electrnic mnitring system, at the tw at grade level rail crssings int Crescent Beach (Crescent Rad and McBride Avenue) t assist in determining unimpeded access during an Emergency int Crescent Beach and t mnitr and dcument any cntraventin f Transprt Canada Rail Regulatins r any failure f BNSF rail t invke the Stpped Train Prtcl during a railway incident that blcks either f these crssings. Cst fr installatin f CCTV cameras and Electrnic mnitring hardware is estimated at $15, Len Garis Fire Chief Appendix I Reslutin: City f Surrey s Declaratin Pursuant t Subsectin 8(1) f the Grade Crssing Regulatins (SOR/ ) that Obstructins f the Grade Crssing at Beecher Street and McBride Avenue Creates a Safety Cncern LWG/jlg

5 APPENDIX I RESOLUTION CITY OF SURREY S DECLARATION PURSUANT TO SUBSECTION 98(1) OF THE GRADE CROSSING REGULATIONS (SOR/ ) THAT OBSTRUCTIONS OF THE GRADE CROSSING AT BEECHER STREET AND MCBRIDE AVENUE CREATES A SAFETY CONCERN WHEREAS the Grade Crssing Regulatins (SOR/ ) set ut a prcess fr addressing the repeated bstructin f a grade crssing. AND WHEREAS the BNSF Railway Cmpany (the Railway Cmpany ) perates trains alng the castline f Bundary Bay and Mud Bay in the City f Surrey. AND WHEREAS the nly tw vehicular access pints int the cmmunity f Crescent Beach crss the railway tracks at Beecher Street and at McBride Avenue in the City f Surrey (the Grade Crssing ). AND WHEREAS there has been numerus ccurrences f the bstructin f the Grade Crssing by the Railway Cmpany resulting in blcked traffic at the tw vehicular access pints, including blcking f Emergency Services vehicles, as dcumented in Crprate Reprt N. (the Obstructins ). AND WHEREAS the Obstructins are a serius safety cncern by increasing the risk t life safety by preventing access fr Emergency Services vehicles int the Cmmunity f Crescent Beach fr the duratin f each Obstructin. THEREFORE BE IT RESOLVED that the City f Surrey declares that the Obstructins create a serius safety cncern and requires the Railway Cmpany t cllabrate with the City f Surrey pursuant t subsectin 98(1) f the Grade Crssing Regulatins (SOR/ ) in rder t reslve the safety cncerns.

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