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Fireworks Regulation Bylaw, No. 891, 2006.
(With amendments to July 19, 2022)
Consolidated for convenience only:
All persons making use of this consolidation are advised that the amendments have been
consolidated for convenience only, and that the original bylaws should be consulted for all
purposes of interpretation and application of the bylaw.
Includes Amendments:
Bylaw No. 1081
Adopted March 9, 2009
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 2
Table of Contents
1. TITLE: ......................................................................................................................................... 4
2. INTERPRETATION: ..................................................................................................................... 4
3. PROHIBITIONS: .......................................................................................................................... 5
4. PERMITS FOR CONSUMER FIREWORKS OR DISPLAY FIREWORKS: ........................................... 6
5. PYROTECHNICS PERMITS FOR PYROTECHNIC SPECIAL EFFECTS FIREWOKRS: ......................... 7
6. PYROTECHNIC SPECIAL EFFECTS FIREWORKS - COST RECOVERY CHARGES: ........................... 8
7. ENFORCEMENT .......................................................................................................................... 8
8. TICKETING: ................................................................................................................................. 9
9. EXEMPTION: .............................................................................................................................. 9
10.
VALIDITY OF BYLAW: ............................................................................................................. 9
11.
REPEAL: .................................................................................................................................. 9
SCHEDULE "A" .................................................................................................................................... 10
SCHEDULE "B" .................................................................................................................................... 13
SCHEDULE "C" .................................................................................................................................... 16
SCHEDULE "D" .................................................................................................................................... 17
SCHEDULE "E" .................................................................................................................................... 18
SCHEDULE "F" .................................................................................................................................... 20
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 3
BYLAW NO. 891
A BYLAW TO REGULATE THE POSESSION OF FIREWORKS AND LIMIT THE DISCHARGE OF FIREWORKS
WHEREAS pursuant to the "Community Charter" empowers Council to, by bylaw, to establish and impose regulations
regarding the possession and discharge of fireworks.
NOW THEREFORE, the Council of the City of Colwood, in open meeting assembled, enacts as follows:
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 4
1.
TITLE:
This Bylaw may be cited for all purposes as "Fireworks Regulation Bylaw" No.891, 2006.
2.
INTERPRETATION:
In this Bylaw:
"Act" means the Explosives Act, Revised Statutes of Canada, 1985, Chapter E-17, and the Regulations enacted
thereunder as amended from time to time or any Act and Regulations enacted in substitution therefore;
"Consumer Firework" means an outdoor, low hazard, recreational firework that is classed as a subdivision 1
of Division 2 of Class 7 Fireworks under the Act and includes fireworks showers, fountains, golden rain, lawn
lights, pin wheels, Roman candles, and volcanoes but does not include Christmas crackers, sparklers, and caps
for toy guns;
"Consumer Fireworks Event" means the observance or celebration of a special event or festival where a permit
has been issued to allow the discharge of consumer fireworks;
"Discharge" means to fire, ignite, explode or set off or cause to be fired, ignited, exploded or set off and the
words "discharged" and "discharging" have a similar meaning;
"Display Firework" means an outdoor, high hazard, recreational firework that is classed as a subdivision 2 of
Division 2 of Class 7 Fireworks under the Act, and includes rockets, serpents, shells, bombshells, tourbillions,
maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, illumination, set pieces and
pigeons but does not include firecrackers;
"Display Fireworks Event" means the observance or celebration of a special event or festival where a permit
has been issued to allow the discharge of display fireworks;
"Explosives Regulatory Division" means the Explosives Regulatory Division of the Explosives Branch of the
Minerals and Metals Sector of Natural Resources Canada;
"Federal Regulations" means the Explosives Regulations enacted under the Explosives Act, Revised Statutes of
Canada, 1985, Chapter E-17, as of the date of adoption of this Bylaw;
"Fire Chief" means a person appointed by the Council to be in charge of the Fire
Department or authorized subordinates;
"Firecracker" means a pyrotechnic device that explodes when ignited and does not make any subsequent
display or visible effect after the explosion, and includes those devices commonly known as Chinese
firecrackers;
"Fire Safety Plan" means a plan dealing with the procedures for a permit holder to follow to protect public
safety when discharging pyrotechnic special effects fireworks, which meets the requirements specified by the
Fire Chief;
"Fireworks" means consumer fireworks, display fireworks, and pyrotechnic special effects fireworks;
"Fireworks Safety Awareness Course" means a seminar or other instruction offered from time to time by a
Fire Department located within the Capital Regional District for the purposes of preparing, to the satisfaction
of the Chief of the Colwood Fire Department, potential Consumer Fireworks permit holders to safely
discharge their fireworks display;
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 5
"Fireworks Supervisor" means a person who is an approved purchaser of display fireworks and who is qualified
under the Act to supervise the discharge of display fireworks;
"Insurance Requirements" means the liability insurance requirements set out in Schedule "E" to this Bylaw;
"Municipality" means the City of Colwood;
"Peace Officer" means a person employed as Fire Chief by the Fire Department of the municipality or any
person employed by the municipality as a Bylaw Enforcement Officer or any member of the Royal Canadian
Mounted Police or any Municipal Police Officer;
"Permit" means a current and valid permit in the form attached as Schedule "A" to this Bylaw specifying and
authorizing a person to discharge consumer fireworks or display fireworks;
"Prohibited Firework" includes but is not limited to after-market modified fireworks, cigarette loads or pings,
exploding matches, sparkling matches, ammunition for miniature tie clip, cufflink or key chain pistols, auto
alarms or jokers, cherry bombs, M-80 and silver salutes and flash crackers, throw down torpedoes and crackling
balls, exploding golf balls, stink bombs and smoke bombs, tear gas pens and launchers, party peppers and table
bombs, table rockets and battle sky rockets, fake firecrackers and other trick devices or practical jokes as
included on the most recent list of prohibited fireworks as published from time to time under the Act;
"Pyrotechnician" means a person who is certified under the Act as a Theatrical User, an Assistant, a
Pyrotechnician or a Special Effects Pyrotechnician and is qualified to purchase and supervise the display of
pyrotechnic special effect fireworks under the Act;
"Pyrotechnics Permit" means a current and valid permit in the form attached as Schedule "B" to this Bylaw
specifying and authorizing a person to discharge pyrotechnic special effect fireworks;
"Pyrotechnic Special Effects Firework" means a high hazard firework that is classed as a subdivision 5 of
Division 2 of Class 7 Firework under the Act and that is used to produce a special pyrotechnic effect for
indoor or outdoor performances and includes black powder bombs, bullet effect, flash powder, air bursts,
smoke compositions, gerbs, lances and wheels;
"Pyrotechnic Special Effects Fireworks Event" means an event or production, generally for the
entertainment industry, where a pyrotechnics permit has been issued to allow the discharge of pyrotechnics
special effects fireworks;
"Sell" includes offer for sale, cause or permit to be sold, trade, or to otherwise dispose of; and to possess for
the purpose of sale; and the words "selling" and "sold" have a similar meaning; and
"Ticket" means municipal ticket information in the form described in the Community Charter Bylaw
Enforcement Ticket Regulation.
3.
PROHIBITIONS:
1. No person may sell fireworks.
2. No person may buy, sell, hold, possess, store, discharge, or otherwise use any prohibited fireworks.
3. No person may buy, sell, hold, possess, store, discharge, or otherwise use firecrackers.
4. No person may hold, possess, store, discharge, or otherwise use consumer fireworks or display fireworks
without a permit.
5. No person may discharge consumer fireworks except on October 31st of each year between 5:00 p.m. and
10:00 p.m. or through exceptional circumstances as stated in the municipality's policy.
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 6
6. No consumer fireworks or display fireworks permit holder may hold, possess, store, discharge, or
otherwise use consumer fireworks or display fireworks in contravention of a permit.
7. No person may hold, possess, store, discharge, or otherwise use fireworks in a manner that increases the
risk of physical injury to any person or damage to any public or private property.
8. No person under the age of eighteen (18) years may hold, possess, store, discharge, or otherwise use any
fireworks.
9. No person being the parent or guardian of any person under the age of eighteen (18) years shall allow that
person to hold, possess, store, discharge, or otherwise use any fireworks.
10. No person being the owner of occupier of real property may cause, permit, or allow the storage, discharge,
or use of fireworks on their property except in accordance with a valid Consumer, Display, or Pyrotechnic
permit.
11. No person may hold, possess, store, discharge, or otherwise use pyrotechnic special effects fireworks
without a pyrotechnics permit.
12. No pyrotechnics permit holder may hold, possess, store, discharge or otherwise use pyrotechnic special
effect fireworks in contravention of a pyrotechnics permit.
4.
PERMITS FOR CONSUMER FIREWORKS OR DISPLAY FIREWORKS:
1. Any person eighteen (18) years of age or older desiring to discharge consumer fireworks or display fireworks
must apply for a permit.
Permit applications for Consumer Fireworks events must be submitted to the municipality by no later than
12:00 p.m. on October 31st, and if October 31st falls on a day other than a business day, no later than 12:00
p.m. of the last business day prior to October 31st.
In the case of a consumer fireworks event deemed by Council to be an exceptional circumstance as stated by
policy, the required consumer fireworks permit application must be submitted no later than thirty (30) days
prior to the date upon which the consumer fireworks event is to occur.
Permit applications for Display Fireworks events must be submitted to the municipality at least thirty (30) days
prior to the date upon which the display fireworks event is to occur.
All permit applications must include:
a) a completed Schedule "A" application;
b) if the consumer fireworks event or display fireworks event is to occur on property that is not owned by the
applicant or is on property owned or controlled by the municipality, a written agreement of the property
owner in the form attached as Schedule "C";
c) if the consumer fireworks event or display fireworks event is being organized or sponsored by any person
other than the applicant, a written agreement of such person in the form attached as Schedule "D";
d) Evidence that the applicant has completed an approved Fireworks Safety Awareness Course within the
preceding three (3) calendar years from the date of application.
e) the permit application fee established in Schedule "F".
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 7
2. The municipality will consider all permit applications and issue a permit to the applicant if:
a) in the case of municipal property, the property upon which the consumer fireworks event or display
fireworks event is to occur is available for such use on the date and time set out in the application;
b) the consumer fireworks event or display fireworks event will not, in the opinion of the municipality, create
a public safety risk to public or private property;
c) the applicant has submitted to the municipality the items described in section 4.1 and any additional
information in relation to the consumer fireworks event or display fireworks event that the municipality may
reasonably require to determine whether the consumer fireworks event or display fireworks event will create
a public safety risk or risk to public or private property; and
d) for a display fireworks event, the applicant has submitted to the municipality a site plan including firing
location and limiting distance set out in the Act, and a copy of the applicant's insurance policy that meets the
insurance requirements listed in Schedule "E".
5.
PYROTECHNICS PERMITS FOR PYROTECHNIC SPECIAL EFFECTS FIREWOKRS:
1. Permit applications for pyrotechnic special effects fireworks events must be submitted to the municipality
at least thirty (30) days prior to the date upon which the pyrotechnic special effects fireworks event is to
occur.
The Fire Chief may issue a pyrotechnics permit to discharge pyrotechnic special effects fireworks to a person
who is over the age of eighteen (18) years provided that the applicant meets all the requirements of this bylaw
and submits:
a) a completed Schedule "B" application;
b) a copy of the "Explosive Regulatory Division" event approval;
c) a fire safety plan approved by the Fire Chief after the Fire Chief has visited the location for the pyrotechnics
special effects fireworks event and determined the amount of fire protection required;
d) if the pyrotechnic special effects fireworks event is to occur on property that is not owned by the applicant
or is on property owned or controlled by the municipality, a written agreement of the property owner in the
form attached as Schedule "C";
e) if the pyrotechnic special effects fireworks event is being organized or sponsored by any person other than
the applicant, a written agreement of such person in the form attached as Schedule "D";
f) site plan, drawn to scale, with the direction of firing, separation distances, position of ramps and mortars,
any significant ground features, rights of way, buildings or structures, overhead obstructions, parking areas or
spectator viewing areas, fallout zone, north arrow, traffic control plans and location of emergency vehicles
indicated;
g) an event description, which should include a time schedule of the event, attendance estimates, lists of
fireworks or explosives or flammable and/or combustible products to be used, firing procedures, emergency
response procedures and a list of crewmembers;
h) a valid permit if consumer fireworks or display fireworks are used in the pyrotechnics special effects
fireworks event; and
i) proof acceptable to the Fire Chief that the applicant holds either a valid Level 1 Certification Card or, for
unconventional sites as defined by the Explosives Regulatory Division, a valid Level 2 Certification Card, issued
by the Explosives Regulatory Division.
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 8
2. Every pyrotechnics permit issued must:
a) specify the fireworks that the pyrotechnics permit holder are authorized to discharge;
b) specify the day and the hours on which, and the description of the property or place where the fireworks
may be discharged;
c) include a copy of the applicant's insurance policy that meets the insurance requirements listed in Schedule
"E".
6.
PYROTECHNIC SPECIAL EFFECTS FIREWORKS - COST RECOVERY CHARGES:
1. Every applicant for a pyrotechnics permit shall pay the charge set out in Schedule "F" for:
a) Review of their fire safety plan by the Fire Chief; and
b) Fire protection services provided.
2. The municipality may recover all costs and expenses it incurs incidental to the provision of any fire protection
services for a pyrotechnics event, jointly and severally from any person who at the time had the charge,
management or control of the building or premises where the pyrotechnics special effects fireworks event
occurred, which costs and expenses are set out in Schedule "F" attached to and forming part of this bylaw.
If that person fails to pay those costs and expenses within six (6) months after they are incurred, the
municipality may recover those costs and expenses from the owner of the real property by direct invoice,
together with interest at the rate set out in the Community Charter. Default on those costs, expenses and
interest, when they relate to fire protection for real property, will result in the amount being added to the
property taxes of the owner of the real property.
7.
ENFORCEMENT
1. This bylaw is designated under Section 264 of the Community Charter as a bylaw that may be enforced by
means of a ticket.
2. Peace Officers are designated to enforce this bylaw by means of the issuance of a ticket.
3. No person shall obstruct a Peace Officer or any other designated person engaged in the administration or
enforcement of this bylaw.
4. Every person who contravenes a provision of this Bylaw commits an offence and each day that the
violation is caused or allowed to continue constitutes a separate offence.
5. Any person guilty of an infraction of this bylaw is liable on summary conviction, to a fine of not less than
$100.00 and not more than $10,000.00 or imprisonment not exceeding the maximum allowed by the
Offence Act.
6. A Peace Officer may rescind a permit if:
a) the permit holder or pyrotechnics permit holder fails to comply with any term or condition of the permit or
pyrotechnics permit without the prior written consent of the Fire Chief; or
b) the permit holder or pyrotechnics permit holder violates or breaches any of the provisions of this bylaw; or
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 9
c) circumstances arising or ascertained after the permit or pyrotechnics permit was issued demonstrate that
a public safety risk to public or private property exists in connection with the fireworks event; or
d) the municipality determines that the permit holder or pyrotechnics permit holder submitted false or
inaccurate information in his or her permit or pyrotechnics permit application.
7. Every person who possesses or discharges fireworks contrary to the provisions of this bylaw commits an
offence and shall when directed to do so, surrender all fireworks in their immediate possession to a Peace
Officer who shall be authorized to search and seize and hold all such firecrackers or fireworks in the
interest of public safety and as evidence of the commission of the offence.
8. Fireworks seized under this bylaw may be disposed of without compensation.
8.
TICKETING:
The words or expressions listed in Schedule "F" in the 'offence' column are authorized to be used on a ticket
issued under Section 264 of the Community Charter to designate an offence against the respective section of
this bylaw appearing opposite in the 'description' column. The amounts appearing in the 'ticket fines' column
are the fines set pursuant to Section 264 of the Community Charter for contravention of the respective section
of the bylaw appearing opposite in the 'section' column.
9.
EXEMPTION:
This bylaw does not prohibit or regulate the use of torpedoes, flares, fuzzes or similar pyrotechnic devices by
motorists, boat operators, railroads, police or other agencies for signalling purposes or illumination.
10.
VALIDITY OF BYLAW:
If any section, subsection, sentence, clause or phrase of this bylaw is for any reason found invalid by decision
of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Bylaw.
The schedules attached to this bylaw form part of this bylaw.
11.
REPEAL:
City of Colwood Bylaw No. 834, 2005, cited as "Fireworks Regulation Bylaw" No. 834, 2005 is hereby repealed.
READ A FIRST TIME THIS 26th DAY OF JUNE 2006.
READ A SECOND THIS 26th DAY OF JUNE 2006.
READ A THIRD TIME THIS 26th DAY OF JUNE 2006.
FINALLY PASSED AND ADOPTED THIS 10th DAY OF JULY, 2006.
______________________________
MAYOR
______________________________
CHIEF ADMINISTRATIVE OFFICER
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 10
A5-2-61.891 - Fireworks Regulation
SCHEDULE "A"
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 11
PERMISSION IS GRANTED to the above applicant to discharge consumer or display (circle one) fireworks, at the
location and on the date and time(s) as set out above, subject to "Fireworks Regulation Bylaw" No. 891, 2006,
as amended from time to time, and to the following conditions and restrictions:
- This permit is not transferable. Only the applicant is authorized under this permit to discharge
fireworks.
- The applicant may only discharge the type and quantity of fireworks described in the application.
- The applicant must ensure that all debris and litter related to a consumer fireworks event or display
fireworks event that occurs on municipal property, including any litter left by the spectators, is removed
from the location at the conclusion of the consumer fireworks event or display fireworks event.
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 12
- For a display fireworks event, in accordance with requirements of Fireworks Regulation Bylaw No. 891,
2006, the applicant shall obtain a Comprehensive General Liability insurance policy with an inclusive
limit of not less than $5,000,000.00 per occurrence for bodily injury and property damage and provide
evidence of the same to the Fire Chief no later than twenty-one (21) days prior to the permitted event.
Other:
____________________________________________________________________________
____________________________________________________________________________
_________________________________
____________________
Fire Chief or authorized designate
Date of issue
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 13
SCHEDULE "B"
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 14
PERMISSION IS GRANTED to the above applicant to discharge pyrotechnic special effects fireworks, at the
location and on the date and time(s) as set out above, subject to Fireworks Regulation Bylaw No. 891, 2006,
as amended from time to time, and to the following conditions and restrictions:
-
In accordance with requirements of Fireworks Regulation Bylaw No. 891, 2006, the applicant shall
obtain a comprehensive general liability insurance policy with an inclusive limit of not less than
$5,000,000.00 per occurrence for bodily injury and property damage and provide evidence of the
same to the Fire Chief no later than twenty-one (21) days prior to the permitted event.
-
This pyrotechnics permit is not transferable. Only the applicant is authorized under this permit to
discharge pyrotechnics special effects fireworks.
-
The applicant may only discharge the type and quantity of pyrotechnic special effects fireworks
described in the application and in accordance with the approved fire safety plan.
-
The applicant must ensure that all debris and litter related to a pyrotechnic special effects fireworks
event that occurs on municipal property, including any litter left by the spectators, is removed from
the location at the conclusion of the pyrotechnic special effects fireworks event.
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 15
Other:
____________________________________________________________________________
____________________________________________________________________________
_________________________________
____________________
Fire Chief or authorized designate
Date of issue
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 16
SCHEDULE "C"
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 17
SCHEDULE "D"
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 18
SCHEDULE "E"
Insurance Requirements
A display fireworks permit holder or a pyrotechnics permit holder shall, at his or her own expense, for the
duration of the fireworks event or pyrotechnic special effects fireworks event, secure and maintain a
comprehensive general liability insurance policy with an inclusive limit of not less than $5,000,000.00 per
occurrence for bodily injury and property damage.
The Comprehensive General Liability insurance policy shall:
a) include all premises and operations necessary or incidental to the fireworks event or pyrotechnic special
effects firework event;
b) include "Broad Form" Property Damage coverage on an occurrence basis, including loss of use of property;
c) include, but not necessarily be limited to, the following coverages:
(i) Contingent Employers Liability;
(ii) Owners and Contractors Protective Liability;
(iii) Contractual Liability assumed with respect to the event;
(iv) Non-Owned and Hired Auto; and
(v) Personal Injury Liability;
d) include the municipality, its elected officials, officers, agents and employees, and contractors acting on
behalf of the municipality, as additional insureds;
e) be primary and non-contributing with respect to any insurance carried by the municipality;
f) not include a deductible greater than $5,000.00 per occurrence (unless the municipality advises in writing
that it has determined that a greater deductible is acceptable);
g) include a Cross Liability clause;
h) preclude subrogation claims by the insurer against any of the insured;
i) include a provision requiring the insurer to give the municipality fourteen (14) days prior written notice
before making any material change to the insurance coverage, or the termination or cancellation thereof;
j) provide that the municipality, its elected officials, officers, agents and employees, and contractors acting on
behalf of the municipality are protected notwithstanding any act, neglect or misrepresentation of the display
fireworks permit holder or the pyrotechnics permit holder which might otherwise result in the avoidance of
a claim and that such policy is not affected or invalidated by any act, omission or negligence of any third
party which is not within the knowledge or control of the insured;
k) be underwritten by a responsible insurance company or companies licensed to do business in the Province
of British Columbia and that meet with the reasonable approval of the municipality;
l) Twenty-one (21) days prior to the fireworks event or pyrotechnic special effects fireworks event and upon
the municipality's written request from time to time, the display fireworks permit holder or pyrotechnics
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 19
permit holder shall furnish the municipality with a certificate or certificates of insurance as evidence that the
required insurance is in force;
m) Maintenance of the insurance required herein and the performance by the display fireworks permit holder
or pyrotechnics permit holder of his or her obligations under this clause shall not relieve the display
fireworks permit holder or pyrotechnics permit holder from liability under any covenant to indemnify the
municipality;
n) It shall be the sole responsibility of the display fireworks permit holder or pyrotechnics permit holder to
determine his or her own additional insurance coverages, if any, including workers' compensation, that are
necessary and advisable for his or her own protection or to fulfil his or her obligations with respect to the
fireworks event or pyrotechnic special effects fireworks event. Any such additional insurance shall be secured
and maintained by the display fireworks permit holder or pyrotechnics permit holder at his or her own
expense;
o) The foregoing insurance provisions shall not limit the insurance the display fireworks permit holder or
pyrotechnics permit holder is required to secure and maintain by Provincial or Federal law; and
p) If the display fireworks permit holder or pyrotechnics permit holder fails to secure or maintain insurance as
required herein, then the municipality shall have the right, but not the duty or obligation, to secure and
maintain such insurance and give evidence thereof to the display fireworks permit holder or pyrotechnics
permit holder. The display fireworks permit holder or pyrotechnics permit holder shall pay the cost thereof
to the municipality on demand or the municipality may deduct such cost from any amount that is due or may
become due to the display fireworks permit holder or pyrotechnics permit holder from the municipality.
Fireworks Regulation Bylaw, No. 891, 2006 - Consolidated
Page 20
SCHEDULE "F"
Fees, Fines and Cost Recovery Charges