North Saanich, British Columbia
· adopted 2007-01-01
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DISTRICT OF NORTH SAANICH
BYLAWNO. 1148
A BYLAW TO REGULATE FIREWORKS
WHEREAS the Council of the District of North $aanich has the authority under the
Community Charter to, by bylaw, regulate, prohibit and impose requirements in relation to
firecrackers, fireworks and explosives;
NOW THEREFORE, the Council of the District of North Saanich, in open meeting
assembled, enacts as follows:
1. Title
This Bylaw may be cited for all purposes as the "North $aanich Fireworks Regulation
Bylaw No. 1148 (2007)".
2. Definitions
In this Bylaw:
"Certification Card" means documented proof of the completion of either the Fireworks
Supervisor Level 1 or 2 training course conducted by the Explosives Regulatory Division;
"Display Fireworks" means high hazard fireworks defined in Class 7, Division 2,
Subdivision 2 of the Federal Regulations (generally described as large fireworks used for
public
fireworks
displays)
but
excluthng Firecrackers
and Entertainment Industry
Pyrotechnics;
"District" means the District of North $aanich
"Enforcement Officer" means a person employed as Fire Chief by the Fire Department of
the District of North $aanich or any person employed by the District of North Saanich as a
Bylaw Enforcement Officer, or any member of the Royal Canadian Mounted Police;
"Entertainment Industry Pyrotechnics"
means
explosive
articles
and
explosive
substances used in the performing arts to create pyrotechnic special effects;
"Explosives Regulatory Division" means the Explosives Regulatory Division of the
Explosives Branch of the Minerals and Metals Sector of Natural Resources Canada;
"Family Fireworks" means low hazard fireworks generally used for recreation but
excluding Christmas crackers, sparklers and caps for toy guns;
"Federal Regulations" means the Explosives Regulations enacted under the Explosives
Act, R.S.C., 1985, c. E-17, as amended from time to time;
"Fire Chief' means a person appointed by the Council to be in charge of the Fire
Department, and includes all Fire Officers and any other person authorized to act on behalf
of the Fire Chief;
"Firecrackers" means a small paper cylinder charged with an explosive used as a
noisemaker;
"Fire Safety Plan" means a plan dealing with the procedures to follow to protect public
safety when firing, setting off or exploding Entertainment Industry Pyrotechnics, approved
by the Fire Chief;
"Fireworks" means Display Fireworks and Family Fireworks;
"Fireworks Event" means the observance or celebration of a special event or festival
where Fireworks are desired to be fired, set-off or exploded;
"Fireworks Permit" means a current and valid permit in the form attached as Schedule
"A- 1" or "A-2" to this Bylaw authorizing a person to fire, set-off or explode Family Fireworks
or Display Fireworks;
202 012/Sep 5-07/1 148 fireworks bylaw/CSam
Bylaw No. 1 148
Page 2
"Pyrotechnics Event" means the observance or performance of a production where
Entertainment Industry Pyrotechnics are desired to be fired, set off or exploded;
"Pyrotechnics Permit" means a current and valid permit in the form attached as
Schedule "F" to this Bylaw authorizing a person to fire, set-off or explode Entertainment
Industry Pyrotechnics,
3.
Prohibitions
3. 1
No person may sell, offer to sell, trade or otherwise dispose of Fireworks,
Entertainment Industry Pyrotechnics or Firecrackers to any other person.
3.2
No person may store, hold, possess, fire, set-off or explode Fireworks without
a Fireworks Permit.
3.3
No Fireworks Permit holder may store, hold, possess, fire, set-off, explode or
otherwise use Fireworks in contravention of a Fireworks Permit.
3.4
No person may store, hold, possess, fire, set-off or explode Entertainment
Industry Pyrotechnics without a Pyrotechnics Permit.
3.5
No Entertainment Industry Pyrotechnics Permit holder may store, hold,
possess,
fire,
set-off,
explode or otherwise use Entertainment Industry
Pyrotechnics in contravention of a Pyrotechnics Permit.
3.6
No person may store, hold, posses, fire, set-off, explode or otherwise use
Fireworks
or Entertainment Industry Pyrotechnics in
a manner that
increases the risk of physical injury to any person or damage to any public or
private property.
3.7
No person may store, hold, possess, fire, set-off or explode Firecrackers.
4.
Exemptions
4. 1
This Bylaw does not prohibit or regulate the use of torpedoes, flares, fuzzes or
similar pyrotechnic devices by motorists, mariners, police or other agencies
for signalling purposes or ifiumination.
5.
Family Fireworks or Display Fireworks Permits
5. 1
Any person eighteen (18) years of age or older may apply for a Fireworks
Permit to fire, set off or explode Family Fireworks or Display Fireworks by
submitting to the Fire Chief, at least fourteen (14) days prior to the date upon
which the Fireworks Event is to occur:
(a)
A completed application in the applicable form attached as Schedule "A-
1" or "A-2";
(b)
A written agreement from the property owner in the form of attached as
Schedule "C" if the Fireworks Event is to occur on property that is not
owned by the applicant or is owned or controlled by the District;
(c)
A written agreement from the person organizing or sponsoring the
Fireworks Event in the form attached as Schedule "D" If the Fireworks
Event is being organized or sponsored by any person other than the
applicant;
(d)
In the case of Display Fireworks, proof acceptable to the Fire Chief that
the applicant is a Certification Card holder; and
(e)
The applicable Fireworks Permit application fee set out in Schedule "E".
5.2
The Fire Chief shall consider each application for a Fireworks Permit and
issue a Fireworks Permit to the applicant if:
Bylaw No. 114$
Page 3
(a)
the property upon which the Fireworks Event is to occur is available for
such use on the date and time set out in the application;
(b)
the Fire Chief considers the Fireworks Event will not create a public
safety risk or risk to public or private property; and
(c)
the applicant meets all the requirements of this Bylaw and all other
applicable bylaws of the District.
5.3
Notwithstanthng Section 5.2, the Fire Chief shall only issue a Fireworks
Permit that authorizes the firing, setting off or explothng of Fireworks:
(a)
between the hours of 5:00 PM and 10:00 PM on October 31st each year,
or
(5)
during a Fireworks Event, other than October 3
of each year.
5.4
A person in possession of Fireworks without a Fireworks Permit must
surrender the Fireworks to an Enforcement Officer until the Fireworks
Permit is obtained.
5.5
If a Fireworks Permit is not obtained in respect of Fireworks surrendered
under section 5.4, within ten (10) days of the surrender, the Enforcement
Officer may dispose of the Fireworks without compensation.
6.
Entertainment Industry Pyrotechnics Permit
6. 1
Any person eighteen (18) years of age or older may apply for a Pyrotechnics
Permit to fire, set off or explode Entertainment Industry Pyrotechnics by
submitting to the Fire Chief, at least fourteen (14) days prior to the date upon
which the Pyrotechnics Event is to occur:
(a)
A completed application in the form attached as Schedule "F";
(b)
A written agreement from the property owner in the form of attached
as Schedule "C" if the Fireworks Event is to occur on property that is
not owned by the applicant or is owned or controlled by the District;
(c)
A written agreement from the person organizing or sponsoring the
Fireworks Event in the form attached as Schedule
"D" If the
Fireworks Event is being organized or sponsored by any person other
than the applicant;
(d)
A copy of the Explosives Regulatory Division's approval of the
Pyrotechnic Event;
(e)
A Fire Safety Plan approved by the Fire Chief after the Fire Chief has
visited the location for the Pyrotechnics Event and determined the
amount of fire protection required;
(f)
A site plan drawn to scale with the direction of firing, separation
distances, position of ramps and mortars, any significant ground
features, right-of-ways, buildings or structures, overhead obstructions,
parking areas or spectator viewing areas, fallout zone, north arrow,
traffic control plans, and location of emergency vehicles;
(g)
An event description which should include a time schedule of the
event,
attendance
estimates,
lists
of fireworks
or
explosives
or
flammable andlor combustible products to be used, firing procedures,
emergency response procedures, and a list of crew members;
(h)
A Fireworks Permit if Family Fireworks or Display Fireworks are
used in the Pyrotechnic Event;
(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;
Bylaw No. 1148
Page 4
(j)
The Pyrotechnics Permit application fee set out in Schedule "E"; and
(k)
The Fire Safety Plan review fee set out in Schedule "E".
6.2
The Fire Chief shall consider each application for a Pyrotechnics Permit and
issue a Pyrotechnics Permit to the applicant if:
(a)
the property upon which the Pyrotechnics Event is to occur is
available for such use on the date and time set out in the application;
(b)
the Fire Chief considers the Pyrotechnics Event wifi not create a
public safety risk or risk to public or private property; and
(c)
the applicant meets all the requirements of this Bylaw and all other
applicable bylaws of the District.
7.
Fireworks Permit and Pyrotechnics Permit Conditions
7. 1
The Fire Chief in issuing a Fireworks Permit or Pyrotechnic Permit may
impose such terms and conditions that the Fire Chief considers reasonable
relating to the following:
(a)
the days and the hours during which Fireworks or Entertainment
Industry Pyrotechnics may be fired, set off, exploded or otherwise
used;
(5)
the
location
to
which
Fireworks
or
Entertainment
Industry
Pyrotechnics may be fired, set off, exploded or otherwise used;
(c)
the type of Fireworks or Entertainment Industry Pyrotechnics that
may be fired, set off, exploded or otherwise used; and
(d)
the safety and convenience of the public.
7.2
At the time of issuance of the Display Fireworks Permit or the Pyrotechnics
Permit, the Display Fireworks Permit or Pyrotechnics Permit Holder shall
provide to the Fire Chief a certificate of insurance that meets the Insurance
Requirements as set out in Schedule "B".
8.
Permit Holder Requirements
8. 1
Every Fireworks Permit or Pyrotechnics Permit Holder shall:
(a)
Fire, set off, explode or use only those Fireworks or Entertainment
Industry
Pyrotechnics
specified
in
the
Fireworks
Permit
or
Pyrotechnics Permit;
O)
Fire, set off, explode or use Fireworks or Entertainment Industry
Pyrotechnics only in accordance with the terms and conditions of the
Fireworks Permit or Pyrotechnics Permit;
(c)
Fire, set off, explode or use the Entertainment Industry Pyrotechnics
only in accordance with the Fire Safety Plan;
(d)
Ensure that the Fireworks or Entertainment Industry Pyrotechnics
are only fired, set off, exploded or used under the Fireworks Permit or
Pyrotechnics Permit holder's threct supervision and responsibility; and
(e)
Ensure that the use, handling, thscharge, possession and storage of
the Fireworks or Entertainment Industry Pyrotechnics conforms in
every respect to the Explosives Act (Canada) and regulations, the
Display Fireworks manual as published by the Explosives Regulatory
Division, and this Bylaw.
Bylaw No. 1148
Page 5
9.
Revocation of Permit and Surrender of Fireworks
9. 1
The Fire Chief may revoke a Fireworks Permit or Pyrotechnics Permit at any
time if the Fireworks Permit or Pyrotechnics Permit Holder:
(a)
Fails to comply with any term or condition of the Fireworks Permit or
Pyrotechnic Permit; or
(5)
Violates or breaches any of the provisions of this Bylaw.
9.2
If a permit issued under this Bylaw is revoked under section 9. 1, the person
in possession of the Fireworks to which the permit relates must surrender
the Fireworks to an Enforcement Officer and the Fire Chief or a Peace Officer
may dispose of the Fireworks without compensation.
10.
Cost Recovery Fees
10. 1
Every Pyrotechnics Permit holder shall pay for any fire protection services
provided by the District for the Pyrotechnics Event. The fees shall be
calculated in accordance with Schedule "E"
10.2
Every Fireworks Permit or Pyrotechnics Permit holder shall pay all costs and
expenses of any fire protection services, materials or resources expended or
incurred by the District as a result of a fire caused by a Special Event or
Pyrotechnics Event. The fee shall be calculated in accordance with Schedule
CC
11.
Enforcement
11.1
No
person
shall
obstruct
an
Enforcement
Officer
engaged
in
the
administration or enforcement of this Bylaw.
1 1.2
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.
1 1.3
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 exceethng the maximum allowed by the Offence Act.
1 1.4
This Bylaw may be enforced by means of a ticket in the form prescribed for
the purpose of s. 264 of the Community Charter.
1 1.5
Enforcement Officers are designated to enforce this Bylaw pursuant to s.
264(1)(b) of the Community Charter.
1 1.6
The words or expressions set forth in Column 1 of Schedule 1 1 of "North
Saanich Municipal Ticket Information Bylaw No. 1013 (2002)" are authorized
pursuant to s. 264(1)(c) of the Community Charter to designate the offence
committed under the bylaw section number appearing in Column 2 opposite
the respective words or expressions.
1 1 . 7
The amounts appearing in Column 3 of Schedule
1 1 of "North Saanich
Municipal Ticket
Information
Bylaw
No.
1013
(2002)"
are
the
fines
established by Council pursuant to s. 265(1)(a) of the Community Charter for
the corresponding offence designated in Column 1.
12.
Severability
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.
13.
Repeal
"District
of North $aanich Fireworks
Regulation Bylaw
No.
925
(1999)",
and
all
amendments thereto are hereby repealed.
Bylaw No. 114$
Page 6
READ A FIRST TIME the 17t day of September, 2007.
READ A SECOND TIME the 17tI day of September, 2007.
READ A THIRD TIME the 17tI day of September, 2007.
FINALLY ADOPTED the 15th day of October, 2007.
CORPORATE OFFICER
MAYOR
BylawNo. 1148
Page 7
SCHEDULE "A-i"
District of North $aanich - Application for Family Fireworks Permit
Name of Applicant:
Birth date:
Age:
Mailing Address:
Phone:
E-mail:
THE APPLICANT HEREBY applies to fire, set-off or explode Family Fireworks on
property within the District as follows:
Location:
Date:
Time: (Start)
(End)
Description of Event:
Estimated Number of Spectators:
Type and Quantity of Fireworks:
Description of Safety Precautions:
Contact Name and Phone No. for Organizer or Sponsor of 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/Protection of Privacy Act.
Information on requirements can be obtained through the North $aanich Fire
Department
READ CAREFULLY
THE APPLICANT CERTIFIES that the Applicant understands and will be guided by the
provisions of the District of North Saanich Bylaw to Regulate Fireworks in force 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.
THE APPLICANT CERTIFIES that the Applicant understands that no person may fire,
set-off, explode or otherwise use Family Fireworks except between the time and date
specified in this Application.
. . ./2
Bylaw No. 1148
Page 8
SCHEDULE A-i
District of North $aanich - Application for Family Fireworks Permit
Page Two
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 District 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 (incluthng, without limitation,
legal fees) which the District 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 Fireworks Event, including, without limitation, the handling, storage, firing,
setting-off, exploding or other use of fireworks in connection with this Permit;
c)
The Applicant's use or occupation of the location upon which the 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 for 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
PERMISSION IS GRANTED to the above Applicant to fire, set-off or explode Family
Fireworks, at the location and on the date and time(s) as set-out above, subject to the
District of North Saanich Bylaw to Regulate Fireworks, 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
fire, set-off or explode fireworks.
.
The Applicant may only fire, set-off or explode the type and quantity of fireworks
described in the application.
.
The Applicant may fire, set-off, explode or otherwise use Family Fireworks between the
set time and date as approved by the Fire Chief.
.
The Applicant must ensure that all debris and litter related to the Fireworks Event,
including any litter left by spectators, is removed from the location at the conclusion of
the Fireworks Event.
Other:
Fire Chief or authorized designate
Date of Issue
Bylaw No. 1148
Page 9
SCHEDULE "A-2"
District of North Saanich - Application for Display Fireworks Permit
Name of Applicant:
Birth Date:
Age:
Mailing Address:
Phone:
E-mail:
Fireworks Supervisor Level and Card No.:
(attach photocopy)
THE APPLICANT HEREBY applies to fire, set-off or explode Display Fireworks on
property within the District as follows:
Location:
Date:
Time Start:
End:
Description of Event:
Estimated Number of Spectators:
Type and Quantity of Fireworks:
Description of Safety Precautions:
Contact Name and Phone No. for Organizer or Sponsor of Fireworks Event:
Contact Name and Phone No. for Property Owner:
A site plan including firing location and limiting distance as set-out in the
Explosives Act for Display Fireworks is to be submitted.
Information collected on this form is for the purpose of issuing a permit and is subject to the
Freedom of Information/Protection of Privacy Act.
Information on requirements can be obtained through the North $aanich Fire
Department
. . ./2
Bylaw No. 114$
Page 10
SCHEDULE "A-2"
District of North $aanich - Application for Display Fireworks Permit
Page Two
READ CAREFULLY
THE APPLICANT CERTIFIES that the Applicant understands and will be guided by the
provisions of the District of North $aanich Bylaw to Regulate Fireworks, in force 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.
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 District 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 District 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 Fireworks Event, including, without limitation, the handling, storage, firing,
setting-off exploding or other use of fireworks in connection with this Permit;
c)
The Applicant's use or occupation of the location upon which the 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 for 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
PERMISSION IS GRANTED to the above Applicant to fire, set-off or explode Display
Fireworks at the location and on the date and time(s) as set-out above, subject to the
District of North Saanich Bylaw to Regulate Fireworks 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
fire, set-off or explode fireworks.
.
The Applicant may only fire, set-off or explode the type and quantity of fireworks
described in the application.
.
The Applicant must ensure that all debris and litter related to a Fireworks Event that
occurs on District property, incluthng any litter left by the spectators, is removed from
the location at the conclusion of the Fireworks Event.
Other:
Fire Chief or authorized designate
Date of Issue
Bylaw No. 1148
Page 11
SCHEDULE B
Insurance Requirements
A Display Fireworks Permit or Pyrotechnics Permit Holder shall, at his or her own expense,
for the duration of the Fireworks Event or Pyrotechnics 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
Pyrotechnics 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 coverage:
(i) Contingent Employers Liability;
(II) Owners and Contractors Protective Liability;
(ffi)Contractual Liability assumed with respect to the event;
(iv) Non-Owned and Hired Auto; and,
(v) Personal Injury Liability;
d) Include the District, its elected officials, officers, agents and employees, and contractors
acting on behalf of the District as additional insured's;
e)
Be primary and non-contributing with respect to any insurance carried by the District of
North $aanich;
f)
Not include a deductible greater than $5,000.00 per occurrence (unless the District of
North $aanich 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 District of North $aanich thirty
(30) days' prior written notice before making any material change to the insurance
coverage, or the termination or cancellation thereof
j)
Provide that the District of North Saanich, its elected officials, officers, agents and
employees, and contractors acting on behalf of the District of North Saanich are
protected notwithstanding any act,
neglect or misrepresentation of the Display
Fireworks Permit or 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 District of North $aanich;
m) Maintenance of the insurance required herein and the performance by the Display
Fireworks Permit or Pyrotechnics Permit Holder of his or her obligations under this
clause shall not relieve the Display Fireworks Permit or Pyrotechnics Permit Holder
from liability under any covenant to indemnify the District of North $aanich;
n) It shall be the sole responsibility of the Display Fireworks Permit or Pyrotechnics
Permit Holder to determine his or her own additional insurance coverage, if any,
incluthng 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
Pyrotechnics Event. Any such additional insurance shall be secured and maintained by
the Display Fireworks Permit or Pyrotechnics Permit Holder at his or her own expense;
o) The foregoing insurance provisions shall not limit the insurance the Display Fireworks
Permit or Pyrotechnics Permit Holder is required to secure and maintain by provincial
or federal law; and,
p) If the Display Fireworks Permit or Pyrotechnics Permit Holder fails to secure or
maintain insurance as required herein, then the District of North $aanich shall have
the right, but not the duty or obligation, to secure and maintain such insurance and give
evidence thereof to the Display Fireworks Permit or Pyrotechnics Permit Holder.
The
Display Fireworks Permit or Pyrotechnics Permit Holder shall pay the cost thereof to
the District on demand.
Bylaw No. 114$
Page 12
SCHEDULE
C
Agreement of Property Owner For Fireworks Event or Pyrotechnics Event
Name of Applicant:
Name of Organizer or Sponsor of Fireworks Event or Pyrotechnics Event:
_________________
Location of Fireworks Event or Pyrotechnics 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 Pyrotechnics Event on the date and at the
location and time described above.
The Applicant has applied to the District of North
$aanich for a Permit to perform such Fireworks Event or Pyrotechnics 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 District of North $aanich 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
District of North Saanich 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 to the Applicant;
b)
The Fireworks Event or Pyrotechnics Event, including, without limitation, the
handling,
storage,
firing,
setting-off,
exploding
or
other
use
of Fireworks
or
Entertainment Industry Pyrotechnics in connection therewith;
c)
The use or occupation of the location upon which the Fireworks Event or Pyrotechnics
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 for, 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/Protection of Privacy Act.
Information on requirements can be obtained through the North $aanich Fire
Department
Bylaw No. 114$
Page 13
SCHEDULE D
Agreement of Organizer or Sponsor of a Fireworks Event or Pyrotechnics Event
Name of Applicant:
Location of Fireworks Event or Pyrotechnics Event:
______________________________________
Date:
__________________________________
Time:
___________________________
Name of Organizer or Sponsor of Fireworks Event or Pyrotechnics Event:
_________________
Mailing Address:
Phone:
____________________
Contact Name (if any):
_____________________________
The Organizer/Sponsor has engaged the Applicant to perform a Fireworks Event or
Pyrotechnics Event on the date and at the location and time described above.
The
Applicant has applied to the District of North Saanich for a Permit to perform such
Fireworks Event or Pyrotechnics 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 District 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 District of North Saanich 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 to the Applicant;
b)
The Fireworks Event or Pyrotechnics Event, including, without limitation, the
handling,
storage,
firing,
setting
off,
exploding
or
other
use
of fireworks
or
Entertainment Industry Pyrotechnics in connection therewith;
c)
The use or occupation of the location upon which the Fireworks Event or Pyrotechnics
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 for, 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/Protection of Privacy Act.
Information on requirements can be obtained through the North $aanich Fire
Department
Bylaw No. 1148
Page 14
SCHEDULE E
Application Fees and Cost Recovery Fees
Application Fees for Permits
Family Fireworks Permit
$10.00
Display Fireworks Permit
$75.00
Pyrotechnics Permit
$75.00
Fire Safety Plans
ReviewFee
$150.00
Fire Protection Services Cost Recovery Fees
The cost for the supply of equipment and personnel to provide fire protection services wifi
be $550.00 per hour.
Bylaw No. 1148
Page 15
SCHEDULE
F
District of North $aanich - Application
for Entertainment Industry Pyrotechnics
Permit
Name of Applicant:
Birth Date:
___________________________________
Age:
_____________________________
Mailing Address:
Phone:
E-mail:
______________________________________
Explosives Regulatory Division Event Approval:
_____________________________________
(attach photocopy)
Fireworks Supervisor Level and Card No.:
________________________________________
(attach photocopy)
THE APPLICANT HEREBY applies to fire, set-off or explode Entertainment Industry
Pyrotechnics on property within the District of North $aanich as follows:
Location:
Date:
____________________________
Time: (Start)
(End)_____________________
(attach time schedule of production)
Site Plan:
(attach plan)
Estimated Attendance:
___________________________________________________________
Type and Quantity of fireworks, explosives and combustible products:
Firing Procedures:
Emergency Response Procedures:
______________________________________________________
Description of Fire Safety Plan (attach photocopy of Fire Chief approval):
_________________
Security Deposit for Fire Safety Plan:
___________________________________________________
List
of Crew
Members:
____________________________________________________
Information collected on this form is for the purpose of issuing a permit and is subject to the
Freedom of Information/Protection of Privacy Act.
Information on requirements can be obtained through the North Saanich Fire
Department
. . .12
Bylaw No. 114$
Page 16
SCHEDULE F
District of North $aanich - Application for Entertainment Industry Pyrotechnics
Permit
Page Two
READ CAREFULLY
THE APPLICANT CERTIFIES that the Applicant understands and will be guided by the
provisions of the District of North Saanich Bylaw to Regulate Fireworks, in force 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 District 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 District 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 Pyrotechnics Event, including, without limitation, the handling, storage, firing,
setting-off, exploding or other use of fireworks in connection with this Permit;
c)
The Applicant's use or occupation of the location upon which the 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 for 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 ofApplicant
Date
PERMISSION
IS
GRANTED
to
the
above
Applicant
to
fire,
set-off
or
explode
Entertainment Industry Pyrotechnics, at the location and on the date and time(s) as set-out
above, subject to the District of North Saanich Bylaw to Regulate Fireworks, as amended
from time to time, and to the following conditions and restrictions:
.
In accordance with requirements of the Bylaw to Regulate Fireworks, 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 at the time of issuance of this Permit.
.
This permit is not transferable. Only the Applicant is authorized under this Permit to
fire, set-off or explode Entertainment Industry Pyrotechnics.
.
The Applicant may only fire, set-off or explode the type and quantity of Entertainment
Industry Pyrotechnics described in the Application.
.
The Applicant must ensure that all debris and litter related to a permitted event that
occurs on District property, including any litter left by the spectators, is removed from
the location at the conclusion of the permitted event.
Other:
Fire Chief or authorized designate
Date of Issue