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"FIREWORKS REGULATION BYLAW 2007 No. 7049"
Consolidated Version
2007-SEP-10
Includes Amendment 7049.01
CITY OF NANAIMO
BYLAW NO. 7049
A BYLAW TO REGULATE, PROHIBIT AND
IMPOSE REQUIREMENTS IN RELATION TO FIREWORKS
WHEREAS Section 8 of the Community Charter authorizes a council, by bylaw, to
regulate, prohibit and impose requirements in relation to firecrackers, fireworks and explosives;
THEREFORE BE IT RESOLVED that the Council of the City of Nanaimo, in open
meeting assembled, ENACTS AS FOLLOWS:
1.
Title
This bylaw may be cited as the "FIREWORKS REGULATION BYLAW 2007 No. 7049"
2.
Definitions
Schedule "A" contains definitions of terms used in this bylaw.
3.
Interpretation
Unless otherwise defined in Schedule "A", all words and phrases in this bylaw shall be
construed, as the context and circumstances may require, in accordance with the
meaning assigned to them by the Fireworks Act, R.S.B.C. 1996, c.146 (the "Fireworks
Act"), the British Columbia Building Code 2006, the Fire Services Act, R.S.B.C. 1996,
c.144 (the "Fire Services Act"), the British Columbia Fire Code 2006, or any successor
legislation.
4.
Selling, Giving or Trading Fireworks
No person shall offer for sale, sell, give, or trade Fireworks within the boundaries of the
City.
5.
Possession of Fireworks
No person shall possess Fireworks within the boundaries of the City unless that person
holds a valid Fireworks Permit issued under this bylaw.
6.
Fire or Discharge of Fireworks
No person shall explode, light, activate, fire or discharge Fireworks within the boundaries
of the City unless that person holds a valid Fireworks Permit issued under this bylaw.
7.
Fireworks Permit
A person may apply to the Fire Chief for a Fireworks Permit to possess, explode, light,
activate, fire, or discharge Fireworks.
8.
Fireworks Permit Requirements
Every holder of a Fireworks Permit must:
(a)
possess, explode, light, activate, fire, or discharge only those Fireworks specified
in the permit;
(b)
possess, explode, light, activate, fire, or discharge the Fireworks in accordance
with the terms and conditions of the Fireworks Permit;
(c)
ensure that the Fireworks are possessed, exploded, lit, activated, fired, or
discharged only by the holder of the Fireworks Permit or under the direct
supervision of the holder of the Fireworks Permit; and
(d)
present the Fireworks Permit for inspection immediately upon demand by a
Peace Officer.
9.
Power to Grant Permits
The Fire Chief is authorized and empowered to grant a Fireworks Permit provided that
the applicant satisfies the requirements in this bylaw.
10.
Power to Suspend or Revoke Permits
The Fire Chief is authorized and empowered to suspend or revoke any Fireworks Permit
in the following circumstances:
(a)
in the opinion of the Fire Chief, weather or other site conditions present an undue
risk of an Incident; or
(b)
the Fire Chief determines or becomes aware that the holder of the Fireworks
Permit has contravened, or has permitted or suffered the contravention of any
provision of this bylaw.
11.
Fee Established
Every applicant for a Fireworks Permit shall pay the Permit Fee prescribed in Schedule
"B".
12.
Site Inspection
Before issuing any Fireworks Permit a Fire Prevention Officer may, at the expense of the
applicant, conduct one or more site inspections. The fee for such inspection or
inspections is established in Schedule "B".
13.
Time for Application
Every application for a Fireworks Permit shall be made to the Fire Chief at least 14 days
before the date of the event, in the form prescribed by the Fire Chief.
14.
Contents of Application
Every application for a Fireworks Permit shall include:
(a)
the deposit of security with the City in the form of a cash deposit, irrevocable
letter of credit, or other form of security acceptable to the City, in the amount of
$1,000, to be used for the purposes of paying any costs and expenses incurred
or suffered by the City, including but not limited to costs arising or resulting from
damage to City property or enforcement costs, caused by or arising from the
applicant's failure to comply with the requirements of this bylaw and all other
applicable laws, provided that, any amount of security not required for the
foregoing purposes shall be returned to the applicant one week after the
Fireworks Permit event date;
(b)
payment of the applicable Permit Fee prescribed in Schedule "B", except that the
Permit Fee may be discounted by the Fire Chief by ninety percent (90%) for any
of the following:
(i)
events sponsored by the City;
(ii)
the Empire Days Society and the Nanaimo Bathtub Society held at the
Nanaimo Harbour;
(iii)
events held by not for profit community or rate payer associations
incorporated under the Society Act of British Columbia and operating
within the City;
(c)
proof of public liability insurance in the name of the applicant and the City, such
insurance to be with one or more insurance companies registered to do business
in the Province of British Columbia and in a form acceptable to the City, and the
insurance shall provide coverage in an amount not less than two million dollars
($2,000,000) per occurrence;
(d)
proof of a valid Fireworks Supervisor's Certificate;
(e)
a fire safety plan that includes:
(i)
a site plan, drawn to scale with the direction of firing;
(ii)
separation distances;
(iii)
positions of ramps and mortars, if any;
(iv)
description of any significant ground features, rights of way, buildings or
structures, or overhead obstructions;
(v)
parking areas or spectator viewing areas;
(vi)
fallout zone;
(vii)
a north arrow; and
(viii)
traffic control plans and locations for emergency vehicles;
(f)
an event description that includes:
(i)
a time schedule for the event;
(ii)
attendance estimates;
(iii)
a list of all Fireworks to be used;
(iv)
firing procedures;
(v)
emergency response procedures;
(vi)
a list of crew members;
(g)
the name, address and telephone number of the applicant;
(h)
the name, address and telephone number of each wholesaler or retailer from
whom the applicant will obtain the Fireworks; and
(i)
the name, address and telephone number of the owner of the property on which
the Fireworks will be used, along with a written statement signed by the property
owner indicating that the property owner has granted permission for the use of
Fireworks on the property.
15.
Indoor & Outdoor Movie/TB/Concerts Pyrotechnics
If, in the opinion of the Fire Chief, the use of Fireworks at an indoor or outdoor film or
television shoot, concert or stage production, or any other event will require on-site fire
protection, then the Fire Chief may require the site to be attended by such Fire Rescue
Department equipment and personnel as the Fire Chief considers necessary or
desirable for the protection of persons, property or safety generally, and the cost for the
attendance of the Fire Rescue Department, equipment and personnel shall be paid to
the City by the holder of the Fireworks Permit in accordance with the rates established
in Schedule "B".
16.
Offences and Penalties
Every person that contravenes or violates any provision of this bylaw or any term or
condition of a Fireworks Permit, or who suffers or permits any act or thing to be done in
contravention or in violation of any provision of this bylaw or any term or condition of a
Fireworks Permit, or who neglects to do or refrains from doing anything required to be
done by any of the provisions of this bylaw or any term or condition of a Fireworks
Permit, commits on offence and shall be liable, on summary conviction, to a fine of not
more than $10,000 or if an information is laid by means of a ticket, in accordance with
the procedure set out in the Offence Act, to a minimum fine as stipulated in Schedule "B"
of this bylaw. Where the offence is a continuing one, each day that the offence
continues shall be a separate offence.
17.
Any person who possesses Fireworks in violation of this bylaw shall immediately
surrender the Fireworks to a Peace Officer and the Peace Officer may dispose of them
without compensation.
18.
Severability
If any section or subsection of this bylaw is found to be invalid by a court of competent
jurisdiction, the section or subsection may be severed from the bylaw without affecting
the validity of the remainder of the bylaw.
19.
Schedules
All Schedules attached to this bylaw form part of this bylaw.
20.
"FIREWORKS REGULATION BYLAW 1994 NO. 4828", and all amendments thereto is
hereby repealed in its entirety.
PASSED FIRST READING 2007-JUN-25.
PASSED SECOND READING 2007-JUN-25.
PASSED THIRD READING 2007-JUN-25.
ADOPTED 2007-JUL-09.
G. R. KORPAN
M A Y O R
I. HOWAT
DIRECTOR,
LEGISLATIVE SERVICES
Bylaw 7049 Consolidated
SCHEDULE 'A'
DEFINITIONS
"City"
means the City of Nanaimo.
"Fire Chief"
means the person appointed by Council as the Fire Chief, or his designate,
or a Fire Prevention Officer.
"Fire Prevention
Officer"
means a member of the Fire and Loss Prevention Division and authorized in
writing by the Fire Chief to be a Local Assistant to the Fire Commissioner.
"Fire Rescue
Department"
means the regularly constituted Fire Rescue Department of the City of
Nanaimo.
"Fireworks"
means all of those fireworks classified as "Class 7" in the Explosives
Regulation (Canada), C.R.C., c.599 (the "Explosives Regulation"), or its
successor regulation, but does not include sparklers, Christmas crackers,
caps for toy guns, model rocket engines as specified in Subdivision 3,
Division 2, Class 7 of the Explosives Regulation, or highway flares or other
small distress signals used exclusively for that purpose.
"Fireworks
Permit"
means a permit to possess, explode, light, activate, fire and discharge
Fireworks issued by the Fire Chief and includes the fire safety plan required
in section 14(e) of this bylaw.
"Fireworks
Supervisor's
Certificate"
means either a Level 1 Supervisor or Level 2 Supervisor's Certificate issued
by the Explosives Branch of Natural Resources Canada, but does not
include an Apprentice Certificate.
"Incident"
means a fire, an explosion, a situation where a few or explosion has
occurred or is imminent or any other situation presenting a danger or
possible danger to life or property and to which the Fire Rescue Department
has responded or will respond.
"Owner"
shall have the meaning assigned to it under the Community Charter of
British Columbia and includes the authorized agent of the Owner.
"Peace Officer"
means a person employed by the Fire Department of the City of Nanaimo,
acting as a Local Assistant to the Fire Commissioner as defined under the
Fire Services Act (RSBC 1996, c.144), or any person employed by the City
of Nanaimo as a Bylaw Enforcement Officer, or any person carrying out the
duties of a Municipal Police Officer for the City of Nanaimo.
"Permit Fee"
means the permit fee as set forth in Schedule "B".
Bylaw 7049 Consolidated
(Bylaw 7049.01)
SCHEDULE 'B'
FEE AND FINE SCHEDULE
Description
Section #
Amount
Fireworks permit
7
$100.00 per event
Site inspection
12
$100.00 per inspection
Selling fireworks
4
$200.00
Possession without permit
5
$200.00
Discharge fireworks without permit
6
$200.00
Not in accordance with permit
8 (b)
$100.00
Not supervised
8 (c)
$100.00
Failure to present permit
8 (d)
$100.00
Equipment
15
$250.00 per hour for
equipment, plus 10%
Personnel Attendance
15
$65.00 per hour for each
person, plus 10%