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CITY OF LANGFORD
BYLAW NO. 1033
A BYLAW TO REGULATE THE POSSESSION OF FIREWORKS AND
LIMIT THE DISCHARGE OF FIREWORKS
WHEREAS:
Section 8. (3.) (d.) of the Community Charter allows a council, by bylaw,
to establish and impose regulations regarding the possession and
discharge of fireworks:
NOW THEREFORE: The Council of the City of Langford, in open meeting assembled, enacts
as follows:
1.
TITLE:
This Bylaw may be cited for all purposes as "Fireworks Regulation Bylaw" No. 1033,
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 therefor;
"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;
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"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 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 Langford Fire Department, potential
Consumer Fireworks permit holders to safely discharge their fireworks display;
"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 Langford;
"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 Officers;
"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;
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"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.
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 or 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 pyrotechnics permit holder may hold, possess, store, discharge or otherwise use
the 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 before discharging consumer
fireworks or display fireworks must apply for and receive 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
Course within the preceding three (3) calendar years from the date of
application;
e)
the permit application fee established in Schedule "F".
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;
BL 1143,
02Mar09
BL 1143,
02Mar09
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 FIREWORKS:
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 crew members;
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.
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".
6.0
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
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 "section"
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 operator, 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 Langford Bylaw No. 977, 2005, cited as "Fireworks Regulation Bylaw" No. 977,
2005 is hereby repealed.
READ A FIRST TIME THIS
21st
DAY OF August , 2006
READ A SECOND TIME THIS
21st
DAY OF August
, 2006
READ A THIRD TIME THIS
21st
DAY OF August
, 2006
FINALLY PASSED AND ADOPTED THIS 5th DAY OF September, 2006
MAYOR
Clerk-Administrator
Amending Bylaws:
#1143 (adopted March 2, 2009);
SCHEDULE "A"
Application for Permit - Consumer Fireworks or Display Fireworks
Name: _____________________________________________ DOB: ___________________
Mailing address: ______________________________________________________________
Phone: ______________________________Email: __________________________________
Fireworks Supervisor Level and Card No. __________________________________________
(Display Fireworks applicants only, attach photocopy)
THE APPLICANT HEREBY applies to discharge Consumer or Display Fireworks (check
one) on property within the municipality as follows:
Location:
Date:
Time: (Start) ___________ (End)
Description of event:
Estimated number of spectators:
Expected type and quantity of fireworks:
Contact name and phone for organizer or sponsor of consumer fireworks event or display
fireworks event:
Contact name and phone for property owner:
Information collected on this form is for the purpose of issuing a permit and is subject to the
Freedom of Information and Protection of Privacy Act.
Information on requirements can be obtained through the Fire Department
Telephone: (250)478-9555
...2
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02Mar09
Fireworks Regulation Bylaw No. 1033, 2006
Schedule A
Page 2
READ CAREFULLY
THE APPLICANT CERTIFIES that the applicant understands and will be guided by the
provisions of Fireworks Regulation Bylaw No. 1033, 2006, as amended from time to time, and
all applicable Provincial and Federal laws and regulations, in force from time to time, and any
conditions or restrictions imposed in this permit by the Fire Chief.
For Display Fireworks events only, THE APPLICANT FURTHER CERTIFIES that the applicant
is authorized to the appropriate level by Natural Resources Canada to possess and fire, set off
or explode fireworks of the class specified within this application.
IN CONSIDERATION of $1.00 and other good and valuable consideration (the receipt and
sufficiency of which the applicant acknowledges), the applicant covenants that the applicant will
indemnify and save harmless the municipality and its elected officials, employees, officers,
agents and contractors from and against any and all manner of actions or causes of action,
damages, costs, loss, or expenses of whatever kind (including, without limitation, legal fees)
which the municipality or its elected officials, employees, officers, agents or contractors may
sustain, incur, or be put to by reason of or arising out of:
a) the issuance of this permit
b) the consumer fireworks event or display fireworks event, including, without
limitation, the handling, storage, discharging or other use of fireworks in
connection with this permit;
c) the applicant"s use or occupation of the location upon which the consumer
fireworks event or display fireworks event is to occur; or
d) any act or omission of the applicant or any person for whom the applicant is
at law, responsible, including, without limitation, the non-observance or non-
performance of any obligation imposed by Federal or Provincial law.
The applicant acknowledges that he or she has had the opportunity to seek independent legal
advice as to the contents of this agreement and that he or she is not under any legal disability.
Signature of applicant
Date
SCHEDULE "B"
Application for Pyrotechnics Permit
Name of applicant: ______________________________________________________
Birth date: ___________________________ Age: ____________________________
Mailing address: ________________________________________________________
__________________________________ Phone: _____________________________
Email: _____________________________________________
Explosives Regulatory Division Event Approval: ____________________________________
(attach photocopy)
Fireworks
Supervisor
Level
and
Card
No.____________________________________
(attach photocopy)
THE APPLICANT HEREBY applies to discharge pyrotechnic special effects fireworks on
property within the municipality as follows:
Location:
Date:
Time: (Start) ___________ (End)
(attach time schedule of production)
Site plan: __________________________________________________ (attach plan)
Estimated attendance:
Type and quantity of fireworks, explosives and combustible products:
Firing procedures: ______________________________________________________
______________________________________________________________________
Emergency response procedure: __________________________________________
____________________________________________________________________________
________________________________________________________________
Description of fire safety plan:
(attach photocopy of Fire Chief approval)
Security deposit for fire safety plan: _______________________________________________
____________________________________________________________________________
List of crew members:
Information collected on this form is for the purpose of issuing a permit and is subject to the
Freedom of Information and Protection of Privacy Act.
Information on requirements can be obtained through the Fire Department
Telephone: (250)478-9555
. . . 2
Fireworks Regulation Bylaw No. 1033, 2006
Schedule "B"
Page 2
READ CAREFULLY
THE APPLICANT CERTIFIES that the applicant understands and will be guided by the
provisions of Fireworks Regulation Bylaw No. 1033, 2006, as amended from time to time, and
all applicable Provincial and Federal laws and regulations, in force from time to time, and any
conditions or restrictions imposed in this permit by the Fire Chief.
IN CONSIDERATION of $1.00 and other good and valuable consideration (the receipt and
sufficiency of which the applicant acknowledges), the applicant covenants that the applicant will
indemnify and save harmless the municipality and its elected officials, employees, officers,
agents and contractors from and against any and all manner of actions or causes of action,
damages, costs, loss, or expenses of whatever kind (including, without limitation, legal fees)
which the municipality or its elected officials, employees, officers, agents or contractors may
sustain, incur, or be put to by reason of or arising out of:
a) the issuance of this permit
b) the pyrotechnic special effects fireworks event, including, without limitation,
the handling, storage, discharging or other use of fireworks in connection
with this permit;
c) the applicant"s use or occupation of the location upon which the pyrotechnic
special effects fireworks event is to occur; or
d) any act or omission of the applicant or any person for whom the applicant is
at law, responsible, including, without limitation, the non-observance or non-
performance of any obligation imposed by Federal or Provincial law.
The applicant acknowledges that he or she has had the opportunity to seek independent legal
advice as to the contents of this agreement and that he or she is not under any legal disability.
Signature of applicant
Date
. . . 3
Fireworks Regulation Bylaw No. 1033, 2006
Schedule "B"
Page 3
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. 1033, 2006, as amended from time to time, and to the following
conditions and restrictions:
In accordance with requirements of Fireworks Regulation Bylaw No. 1033, 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.
Other:
Fire Chief or authorized designate
Date of issue
SCHEDULE "C"
Agreement of Property Owner For Fireworks Event or
Pyrotechnic Special Effects Fireworks Event
Name of applicant:
Name of organizer or sponsor of fireworks event or pyrotechnic special effects fireworks event:
____________________________________________________________________________________
Location of fireworks event or pyrotechnic special effects fireworks event:
____________________________________________________________________________________
Date: ___________________________________ Time: __________________________________
Name of property owner:
Mailing address:
Phone:
Contact name (if any):
The property owner has agreed and consented to the organizer/sponsor holding and the applicant
performing a fireworks event or pyrotechnic special effects fireworks event on the date and at the location
and time described above. The applicant has applied to the municipality for a permit to perform such
fireworks event or a pyrotechnics permit to perform such pyrotechnic special effects fireworks event.
In consideration of $1.00 and other good and valuable consideration (the receipt and sufficiency of which
are hereby acknowledged by the property owner), the property owner hereby remises, releases and
forever discharges the municipality and its elected officials, employees, officers, agents and contractors of
and from any and all matter of actions, damages, causes of action, suits, debts, claims, demands and
damages of any nature or kind whatsoever which the property owner may at any time have against the
municipality or its elected officials, employees, officers, agents or contractors arising out of any cause,
matter or thing in respect of or arising out of:
a) the issuance of the permit or pyrotechnics permit to the applicant;
b) the fireworks event or pyrotechnic special effects fireworks event, including, without
limitation, the handling, storage, discharging or other use of fireworks in connection
therewith;
c) the use or occupation of the location upon which the fireworks event or pyrotechnic
special effects fireworks event is to occur; or
d) any act or omission of the applicant or organizer/sponsor or any persons for whom
either is, at law, responsible, including, without limitation, the non-observance or
non-performance of any obligation imposed by Federal or Provincial law.
The property owner acknowledges that he or she has had the opportunity to seek independent legal
advice as to the contents of this agreement and that he or she is not under any legal disability.
__________________________________________
_______________________
Signature(s) of property owner(s)):
Date:
Information collected on this form is for the purpose of issuing a permit and is subject to the Freedom of
Information and Protection of Privacy Act.
Information on requirements can be obtained through the Fire Department
Telephone: (250)478-9555
SCHEDULE "D"
Agreement of Organizer or Sponsor of a Fireworks Event or
Pyrotechnic Special Effects Fireworks Event
Name of applicant:
Location of fireworks event or pyrotechnic special effects fireworks event: _________________________
____________________________________________________________________________________
Date:
Time:
Name of organizer or sponsor of fireworks event or pyrotechnic special effects fireworks event:
____________________________________________________________________________________
Mailing address:
Phone:
Contact name (if any):
The organizer/sponsor has engaged the applicant to perform a fireworks event or pyrotechnic special
effects fireworks event on the date and at the location and time described above. The applicant has
applied to the municipality for a permit to perform such fireworks event or a pyrotechnics permit to
perform such pyrotechnic special effects fireworks event.
In consideration of $1.00 and other good and valuable consideration (the receipt and sufficiency of which
the organizer/sponsor acknowledges), the organizer/sponsor hereby covenants to indemnify and save
harmless the municipality and its elected officials, employees, officers, agents and contractors from and
against any and all manner of actions or causes of action, damages, costs, loss, or expenses of whatever
kind (including, without limitation, legal fees) which the municipality or its elected officials, employees,
officers, agents or contractors may sustain, incur, or be put to by reason of or arising out of:
a) the issuance of the permit or pyrotechnics permit to the applicant;
b) the fireworks event or pyrotechnic special effects fireworks event, including, without
limitation, the handling, storage, discharging or other use of fireworks in connection
therewith;
c) the use or occupation of the location upon which the fireworks event or pyrotechnic
special effects fireworks event is to occur; or
d) any act or omission of the organizer/sponsor or applicant or any persons for whom
either is, at law, responsible, including, without limitation, the non-observance or
non-performance of any obligation imposed by Federal or Provincial law.
The organizer/sponsor acknowledges that he or she has had the opportunity to seek independent legal
advice as to the contents of this agreement and that he or she is not under any legal disability.
Signature(s) of organizer/sponsor:
Date:
____________________________________
Information collected on this form is for the purpose of issuing a permit and is subject to the Freedom of
Information and Protection of Privacy Act.
Information on requirements can be obtained through the Fire Department
Telephone: (250)478-9555
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 fireworks 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;
. . . 2
Fireworks Regulation Bylaw No. 1033, 2006
Schedule "E"
Page 2
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 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.
SCHEDULE "F"
Fees, Fines and Cost Recovery Charges
OFFENCE
SEC.
DESCRIPTION
FEE
FINE
COST RECOVERY
CHARGE
Sale of fireworks
3.1
$500.00
Possess prohibited
fireworks
3.2
$100.00
Possess firecrackers
3.3
$100.00
Possess fireworks
without permit
3.4
$100.00
Discharge outside
permitted period
3.5
$100.00
Contravene permit
3.6
$100.00
Unsafe discharge
3.7
$200.00
Underage possession
3.8
$100.00
Allow underage
possession
3.9
$100.00
Owner / Occupier
Allowing Fireworks
3.10
$100.00
Use pyrotechnics without
permit
3.11
$200.00
Contravene permit
3.12
$500.00
4.1 e)
Consumer
Fireworks Permit
$10.00
4.1 e)
Display Fireworks
Permit
$75.00
6.1 a)
Pyrotechnics Fire
Safety Plan
Review
$150.00
6.1 b)
Fire Protection
for Pyrotechnic
Special Effects
Fireworks Event
$480 / hour for
fire protection
equipment and
personnel; minimum
four hour charge
Obstruction of Peace
Officer
7.3
$250.00
BL 1143,
02Mar09