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TOWN OF DRUMHELLER
BYLAW NUMBER 09.21
A BYLAW OF THE TOWN OF DRUMHELLER TO REGULATE AND CONTROL THE SALE
AND SETTING OFF OF FIREWORKS WITHIN THE MUNICIPALITY OF DRUMHELLER IN
THE PROVINCE OF ALBERTA.
WHEREAS pursuant to section 7 of the Municipal Government Act, R.S.A. 2000, c. M-26 as
amended, a council may pass bylaws for municipal purposes respecting the safety, health and
welfare of people and the protection of people and property;
AND WHEREAS pursuant to section 8 of the Municipal Government Act, R.S.A. 2000, c.M-26,
as amended, a council may, in a bylaw, regulate or prohibit and provide for a system of
licenses, permits or approvals;
AND WHEREAS Council for the Town of Drumheller recognizes that fireworks are explosive
devices which are classified as dangerous goods under the National Fire Code - 2019 Alberta
Edition and present a risk to the safety, health, and welfare of persons and the safety of
property within the geographic limits of the Town of Drumheller, particularly when sold,
possessed, and used by persons not properly trained and certified;
NOW THEREFORE, the Council for the Town of Drumheller, duly assembled, hereby enacts as
follows:
SECTION 1. NAME OF BYLAW
1.1
This bylaw may be cited as the "Fireworks Bylaw".
SECTION 2. PURPOSE
2.1
The Town wishes to enact a bylaw for the purpose of providing for the sale,
possession, storage and discharge of Fireworks in compliance with:
i.
Any applicable municipal bylaws, policies, procedures and guidelines;
ii.
The National Fire Code - 2019 Alberta Edition, as amended;
iii.
The Safety Codes Act, RSA 2000, C S-1, as amended; and
iv.
The Explosives Act and Explosives Regulations.
SECTION 3. DEFINITIONS
3.1
"CAO" shall mean the Chief Administrative Officer for the Town of Drumheller or
their designate.
3.2
"Consumer Fireworks" means fireworks which are designed for recreational use
and are classified as low-hazard fireworks within the Explosives Act;
3.3
"Discharge" means to fire, ignite, explode or set-off or cause to be fired, ignited,
exploded or set-off;
3.4
"Display Fireworks" means fireworks that are designed for professional use and
are classified as such high-hazard within the Explosives Act;
Town of Drumheller
Fireworks Bylaw 09.21
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3.5
"Explosives Act" means the Explosives Act, R.S.C., 1985, c E-17 and the
regulations enacted thereunder, as amended or repealed and replaced from time
to time;
3.6
"Explosives Regulations" means the Explosives Regulations, 2013, SOR/2013-
211
3.7
"Fire Ban/Advisory" means a prohibition/restriction on all burning, including the
Discharge of all Fireworks, issued by the Town;
3.8
"Firecracker" has the same meaning as in the National Fire Code 2019 - Alberta
Edition;
3.9
"Fireworks" means Consumer Fireworks, Display Fireworks, Special Effect
Pyrotechnic, or Firecrackers;
3.10
"Fireworks Inspector" means the Town of Drumheller Fire Chief or designate, the
Chief Administrative Officer, any peace officer, municipal enforcement officer or a
person designated and authorized in writing by the CAO to administer and
enforce the requirements of this Bylaw;
3.11
"Fireworks Permit" means any one or more of the two (2) documents issued by
the Fireworks Inspector which constitutes written permission for purposes of the
National Fire Code - 2019 Alberta Edition:
i.
Display Fireworks (high-hazard) permit, the National Fire Code 2019 -
Alberta Edition which requires conformance with the Natural Resources
Canada 2010 "Display Fireworks Manual", as may be amended; or
ii.
Fireworks Vendor permit;
3.12 "Fireworks Supervisor" also known as "Display Supervisor" means a person who
holds a fireworks operator certificate issued under the Explosives Act;
3.13
"Prohibited Fireworks" includes Firecrackers and the items included on the most
recent list of prohibited fireworks as published from time to time under the
Explosives Act;
3.14 "Pyrotechnician" means an individual who is certified and authorized to purchase
and supervise the display of Special Effect Pyrotechnics Fireworks under the
Explosives Act;
3.15 "Safety Codes Act" means the Safety Codes Act, R.S.A. 2000, c. S-1, as
amended; and
3.16
"Special Effect Pyrotechnics" shall mean those Fireworks listed as Class F.3 in
Part 17 of the Explosives Regulations;
3.17
"Violation Ticket" shall mean a ticket issued pursuant to the Provincial Offences
Procedure Act, RSA 2000, C. P-34, as amended and any regulations thereunder.
SECTION 4. RESTRICTIONS & REQUIREMENTS FOR THE SELLING OF FIREWORKS
4.1
No person shall sell, display or possess any Prohibited Fireworks.
4.2
No person shall knowingly sell any Fireworks to a person who is under the age of
18 years.
Town of Drumheller
Fireworks Bylaw 09.21
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4.3
No person shall display, offer for sale or sell Fireworks without a valid Fireworks
Vendor Permit
4.4
All requirements for Fireworks sales found in the National Fire Code - 2019
Alberta Edition, Explosives Act, and Explosives Regulations are deemed to
constitute terms and conditions of any Firework Vendor Permit.
4.5
Any Vendor applying for a Firework Vendor Permit must provide, to the
satisfaction of the Fireworks Inspector;
i.
a completed Firework Vendor Permit application form;
ii.
if the applicant is not the owner of the building you must provide
written confirmation from the property owner/lessee/agent of building,
if applicable;
iii.
the application fee, as set out in Schedule "A" attached hereto and
forming part of this Bylaw;
iv.
must display visible signage at all entrances, stating that fireworks are
on the premises
v.
any additional information required by the Fireworks Inspector.
4.6
Upon receipt of a completed application for a Fireworks permit the Fireworks
Inspector may, in his discretion:
i.
issue a Fireworks Permit with or without conditions; or
ii.
refuse to issue a Fireworks Permit
4.7
The Fire Inspector may suspend or revoke a Fireworks Permit if, in the opinion of
the Fire Inspector acting reasonably:
i.
the holder of the Fireworks Permit has contravened this Bylaw, the
National Fire Code - 2019 Alberta Edition, any applicable legislation or
the terms and conditions of the Fireworks Permit; or
ii.
the suspension or revocation of the Fireworks Permit is necessary or
desirable for the protection of persons or Property.
4.8
The Fire Inspector may, at any reasonable hour of the day, and with reasonable
notice to the permit-holder, conduct an inspection of:
i.
a fireworks storage site;
ii.
a fireworks sales or distribution site;
iii.
the area surrounding any of the above sites;
iv.
fireworks sales and records;
v.
any documents related to a permit or a permit application; or
vi.
any one or more of the above.
4.9
The Fire Inspector shall discuss safety and safety training options with the
vendor at the time of initial premise inspection and shall follow up within a
reasonable time to determine if safety training has been engaged and that safe
practices are being followed on the premise.
Town of Drumheller
Fireworks Bylaw 09.21
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SECTION 5. POSSESSION, HANDLING AND DISCHARGE OF CONSUMER FIREWORKS
5.1
No person shall; have in that person's possession give away, distribute,
discharge, fire, use, or set off any Prohibited Fireworks.
5.2
Property damage or injury as a result of the firing or setting off of Fireworks shall
be the responsibility of the Person setting off the Fireworks.
5.3
Any person who purchases, possesses, handles, discharges or sets off
Fireworks must comply with all requirements for the use of Fireworks found in the
National Fire Code - 2019 Alberta Edition, Explosives Act, and Explosives
Regulations.
5.4
No Person shall store, handle or set off Fireworks in an unsafe manner or in a
manner that creates a nuisance, taking into account the noise, danger of fire and
explosion, risk of death, injury and damage to Persons and property inherent in
the storage, handling or use of Fireworks
5.5
No person under the age of 18 years shall purchase, possess, handle, discharge,
fire or set off Fireworks.
5.6
The Fireworks Inspector may require a person to cease the discharging, firing or
setting off of fireworks when considered necessary to do so for reason of safety
5.7
Consumer Fireworks shall only be permitted to be set off on privately-owned
property
5.8
Any person who purchases, possesses, handles, discharges or sets off
Fireworks to whom a Consumer Fireworks Permit is issued shall:
i.
ensure that no fire or other damage occurs as a result of Fireworks or
Fireworks debris;
ii.
in the event that a fire occurs, extinguish the fire immediately or contact
the Fire Department without delay;
iii.
ensure that no Fireworks debris or other waste is left behind after the
Fireworks are discharged
5.9 No Person shall discharge, fire or set off Fireworks
i.
on or into any highway, street, lane, park or any other public place within
the Town unless authorized to do so by way of a Special Events Permit.
ii.
Within 10 metres of any building, tent, trailer, canvas shelter or motor
vehicle
iii.
Within 200 meters of any place where explosives or flammable liquids or
combustible liquids or substances are manufacture or stored,
iv.
When the wind velocity exceeds 45 km/h or when, in the opinion of the
municipal fire department, weather conditions create an undue fire
hazard, or
v.
Where a municipal or provincial fire ban or fire advisory is in effect
vi.
Within 250m of
a. A correctional institution as defined in the Alberta Corrections Act,
b. A nursing home within the meaning of the Alberta Nursing Homes
Act,
Town of Drumheller
Fireworks Bylaw 09.21
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c. a hospital as defined in the Alberta Hospitals Act,
d. an educational institution
unless deemed acceptable to a Fire Inspector.
SECTION 6. POSSESSION, HANDLING AND DISCHARGE OF DISPLAY FIREWORKS
6.1
No Person shall discharge or set off Display Fireworks without a valid Display
Fireworks Permit
6.2
An application for a Display Fireworks Permit must be submitted in the form
prescribed by the Municipality a minimum of 5 business days prior to the Event,
and be accompanied by the application fee set out in Schedule "A"
6.3
Every Person applying for a Display Fireworks Permit must provide, to the
satisfaction of the Fireworks Inspector:
i.
a valid fireworks operator certificate display supervisor qualification;
ii.
a completed Fireworks Permit application form;
iii.
written confirmation that the property owner/lessee/agent of the land
where the event will occur consents to the discharge of Fireworks on the
land, if applicable;
iv.
the application fee, as set out in Schedule "A" attached hereto and
forming part of this Bylaw;
v.
Proof of insurance in the minimum amount of $2,000,000.00 naming the
Town of Drumheller as an additional insured
vi.
any additional information required by the Fireworks Inspector.
6.4
Upon receipt of a completed application for a Display Fireworks Permit the Fire
Inspector may, in his discretion:
i.
issue a Display Fireworks Permit with or without conditions; or
ii.
refuse to issue a Display Fireworks Permit
6.5
The Fireworks Inspector may suspend or revoke a Display Fireworks Permit if, in
the opinion of the Fireworks Inspector acting reasonably:
iii.
the holder of the Display Fireworks Permit has contravened the
requirements as set out in the National Fire Code - 2019 Alberta Edition,
Explosives Act, and Explosives Regulations, or the terms and conditions
of this Bylaw or the Display Fireworks Permit; or
iv.
the suspension or revocation of the Display Fireworks Permit is
necessary or desirable for the protection of persons or Property.
6.6
The person to whom a Display Fireworks Permit is issued shall:
i.
ensure that no fire or other damage occurs as a result of Fireworks or
Fireworks debris;
ii.
in the event that a fire occurs, extinguish the fire immediately or contact
the Fire Department without delay;
iii.
ensure that no Fireworks debris or other waste is left behind after the
Fireworks are discharged; and
iv.
ensure that:
Town of Drumheller
Fireworks Bylaw 09.21
Page 6 of 9
a. where Display Fireworks are to be discharged, all requirements of
the most recent version of the Display Fireworks Manual
published by Natural Resources Canada, are complied with;
b. where Special Effect Pyrotechnics are to be discharged, all
requirements of the most recent version of the Special Effect
Pyrotechnics Manual, published by Natural Resources Canada,
are complied with; and
c. all National Fire Code - 2019 Alberta Edition and Display
Fireworks Permit requirements are complied with.
SECTION 7. ENFORCEMENT
7.1
A person who contravenes or fails to comply with a provision of this bylaw is
guilty of an offence.
7.2
Any person who interferes with or obstructs a Fireworks Inspector in the
execution of their duties under this bylaw is guilty of an offence
7.3
Where a Municipal Enforcement Officer has reasonable grounds to believe that a
person has violated any provision of this bylaw, that Municipal Enforcement
Officer may serve that person with a Violation Ticket.
7.4
A Violation Ticket shall be served upon the person named therein in accordance
with the provisions of the Provincial Offences Procedure Act.
7.5
When a Municipal Enforcement Officer has reasonable grounds to believe that a
person has violated any provision of this bylaw, that Municipal Enforcement
Officer may serve that person with a Violation Tag by personal service or by
registered mail.
7.6
A Violation Tag issued pursuant to this bylaw, shall specify the penalty in lieu of
prosecution payable in respect of the contravention of this bylaw as set out in
Schedule "B" to this bylaw for penalties in lieu of prosecution.
7.7
A person who has been issued a Violation Tag pursuant to this bylaw and has
paid the penalty to the Town by the date specified on that Violation Tag, shall not
be liable to prosecution for the subject of contravention.
7.8
Nothing in this bylaw shall prevent a Municipal Enforcement Officer from issuing
a Violation Ticket for the mandatory Court appearance of any person who
contravenes any provision of this bylaw, or from laying an information.
SECTION 8. PENALTIES
8.1
A person who is convicted of an offence pursuant to this bylaw is liable upon
summary conviction to a penalty in an amount not less than the amount specified
in Schedule "B" of this bylaw, or if not prescribed in Schedule "B", not more than
$10,000.00, and any other penalties as may be prescribed in default of payment
in relation to proceedings taken under Part 2 or Part 3 of the Provincial Offences
Procedure Act.
Town of Drumheller
Fireworks Bylaw 09.21
Page 7 of 9
SECTION 9. SEVERABILITY
9.1
Each provision of this bylaw is independent of all other provisions. If any
provision of the bylaw is declared invalid for any reason by a Court of competent
jurisdiction, all other provisions of this bylaw shall remain valid and enforceable.
SECTION 10. COMMENCEMENT
10.1
This Bylaw shall become effective on the date of the final passing thereof.
READ A FIRST TIME ON THE 3RD DAY OF MAY, 2021
READ A SECOND TIME ON THE 31ST DAY OF MAY, 2021
READ A THIRD AND FINAL TIME ON THE 31STDAY OF MAY, 2021
The original document, duly signed and executed, is retained on file.
Town of Drumheller
Fireworks Bylaw 09.21
Page 8 of 9
SCHEDULE "A"
Bylaw Number 09.21
FIREWORKS BYLAW
PERMIT FEES
Permit Type
Fee
Permit for the sale of fireworks (up to 1 year)
$100
Permit for Display Fireworks (per event)
$50
Town of Drumheller
Fireworks Bylaw 09.21
Page 9 of 9
SCHEDULE "B"
Bylaw Number 09.21
FIREWORKS BYLAW
SPECIFIED PENALTIES
Section
Description of Offence
First
Offence
Second
Offence
Third and
Subsequent
Offences
4.1
Sell, display or possess Prohibited
Fireworks
$250
$500
$750
4.3
Display, offer for sale or sell,
without a valid Fireworks Vendor
Permit
$250
$500
$750
4.5 iv
Failure to display proper signage
$250
$500
$750
4.6
Failure to comply with a Fireworks
Vendor Permit
$500
$2,000
$5,000
5.1
Purchase, possess, handle,
discharge or set off Prohibited
Fireworks
$250
$500
$750
5.3
Store, handle or discharge
fireworks in an unsafe manner or
manner that creates a nuisance
$250
$500
$750
5.7 i
Discharge of fireworks on or into a
highway, street, lane, park or any
other public place without approval
$500
$1,000
$5,000
6.1
Discharge or set off Display
Fireworks without a valid Display
Fireworks Permit
$500
$1,000
$5,000
7.2
Interfere with or obstruct a
Fireworks Inspector in the
execution of their duties under this
bylaw
$500
$1,000
$5,000
Town of Drumheller
Fireworks Bylaw 09.21
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