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THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 4375
A Bylaw to Regulate the Use of Fireworks
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting
assembled, enacts as follows:
Interpretation
1
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;
"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;
"Community Charter" means the Community Charter, S.B.C. 2003, c. 26, and the
Regulations enacted thereunder as amended from time to time or any Act and Regulations
enacted in substitution therefor;
"Consumer Fireworks" means outdoor, low hazard, recreational fireworks classed as
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, firecrackers and caps for toy guns;
"Corporation" means The Corporation of the District of Oak Bay;
"Council" means the Municipal Council of the Corporation;
"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 Fireworks" means outdoor, high hazard, recreational fireworks classed as
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;
"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 Act;
Bylaw No. 4375
"Fire Chief" means the Fire Chief, the Deputy Fire Chief, the Fire Prevention Officer or
an Assistant Fire Chief, for the Corporation;
"Firecracker" means a pyrotechnic device that explodes when ignited and does not make
any subsequent display or visible effect after the explosion;
"Fireworks" means display fireworks and consumer fireworks;
"Fireworks 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 within the Municipality, issued pursuant to a resolution of Council;
"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;
"Incident" means a fire, an explosion, a situation where a fire 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 Oak Bay Fire Department has responded;
"Insurance Requirements" means the liability insurance requirements set out in Schedule
"E" to this Bylaw;
"Municipality" means the area contained within the geographical limits of the
Corporation;
"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 sworn member of a municipal police department in British
Columbia or a sworn member of the Royal Canadian Mounted Police;
"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 within the Municipality, issued by the Fire Chief;
"Pyrotechnic Special Effects Fireworks" means high hazard fireworks classed as
subdivision 5 of Division 2 of Class 7 Firework under the Act and that are used to
produce a special pyrotechnic effect for indoor or outdoor performances and include
black powder bombs, bullet effect, flash powder, air bursts, smoke compositions, gerbs,
lances and wheels;
2
Bylaw No. 4375
"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.
General Prohibitions - Firecrackers
2
No person may offer for sale, sell, give or trade firecrackers within the
Municipality.
3
No person may possess firecrackers within the Municipality.
4
No person may discharge firecrackers within the Municipality.
General Prohibitions - Fireworks
5
No person may offer for sale, sell, give or trade fireworks within the Municipality.
6
No person may possess fireworks within the Municipality unless that person holds
a fireworks permit issued under this Bylaw.
7
No person may discharge fireworks within the Municipality unless authorized by
a fireworks permit issued under this Bylaw.
8
No holder of a fireworks permit under this Bylaw may discharge fireworks within
the Municipality except in accordance with such permit.
General Prohibitions - Pyrotechnics
9
No person may offer for sale, sell, give or trade pyrotechnic special effects
fireworks within the Municipality.
10
No person may possess pyrotechnic special effects fireworks within the
Municipality unless that person holds a pyrotechnics permit issued under this
Bylaw.
11
No person may discharge pyrotechnic special effects fireworks within the
Municipality unless authorized by a pyrotechnics permit issued under this Bylaw.
12
No holder of a pyrotechnic special effects fireworks permit under this Bylaw may
discharge pyrotechnic special effects fireworks within the Municipality except in
accordance with such permit.
3
Bylaw No. 4375
Permits - Fireworks
13
Every application for a fireworks permit shall be in the form set out in Schedule
"A" to this Bylaw and shall include the nonrefundable application fee set out in
Schedule "F" to this Bylaw.
14
Every application for a fireworks permit shall be made to Council through the Fire
Chief, and shall be submitted to the Fire Chief not less than 21 days before the
date of the event.
15
No fireworks permit shall be issued except in connection with a special
community event which Council has determined to be for the benefit of the
community at large, and where:
(1)
in the assessment of Council the fireworks event would create no nuisance
or hazard to persons or property;
(2)
for a display fireworks event, the applicant has submitted to the Fire Chief
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 set out in Schedule "E" to this Bylaw;
(3)
for a fireworks event that is to occur on property not owned by the
applicant, the application includes a written agreement of the property
owner in the form set out in Schedule "C" to this Bylaw;
(4)
for a fireworks event organized or sponsored by any person other than the
applicant, the application includes a written agreement of such person in
the form set out in Schedule "D" to this Bylaw; and
(5)
for a display fireworks event, the application includes evidence that the
applicant is certified at the appropriate Fireworks Supervisor level for the
class of fireworks to be discharged.
Permits - Pyrotechnics
16
No person may obtain a pyrotechnic special effects fireworks permit unless that
person is a pyrotechnician, and every applicant for a pyrotechnic special effects
fireworks permit shall provide the Fire Chief with proof of possession of a valid
Fireworks Supervisor Certificate issued by the Explosives Regulatory Division.
17
Every application for a pyrotechnic special effects fireworks permit shall be in the
form set out in Schedule "B" to this Bylaw and shall include the nonrefundable
fire safety plan review fee set out in Schedule "F" to this Bylaw.
4
Bylaw No. 4375
18
Every application for a pyrotechnic special effects fireworks permit shall be
submitted to the Fire Chief not less than 21 days before the date of the
pyrotechnic special effects fireworks event.
19
The Fire Chief may issue a pyrotechnics permit to discharge pyrotechnic special
effects fireworks to a pyrotechnician provided that the applicant meets all the
requirements of this Bylaw and submits:
(1)
a copy of the Explosives Regulatory Division event approval;
(2)
a fire safety plan for review by the Fire Chief, with the permit to include
any amendments required by the Fire Chief;
(3)
if the pyrotechnic special effects fireworks event is to occur on property
that is not owned by the applicant, a written agreement of the property
owner in the form attached as Schedule "C";
(4)
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";
(5)
a 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;
(6)
an event description, which includes 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;
(7)
proof acceptable to the Fire Chief that the applicant holds either a valid
Level 1 Certification Card or, for unconventional sites as categorized by
the Explosives Regulatory Division, a valid Level 2 Certification Card,
issued by the Explosives Regulatory Division; and
(8)
a copy of the applicant's insurance policy that meets the insurance
requirements set out in Schedule "E" to this Bylaw.
Cost Recovery - Pyrotechnics and Display Fireworks
20
Every person who in whole or in part causes an incident attributable to the
person's misuse of fireworks or pyrotechnics including but not limited to the
person's failure to comply with the provisions of this Bylaw, a permit hereunder
or other applicable enactment, shall be deemed to have caused a nuisance and, in
5
Bylaw No. 4375
addition to any other penalty imposed by bylaw, shall be responsible for the costs
incurred by the Corporation in abating that nuisance by responding to the incident
and, for that purpose shall pay the service fee calculated in accordance with and as
prescribed in Schedule "F" to this Bylaw for any fire protection or fire
suppression services provided in connection with the pyrotechnics special effects
fireworks or display fireworks event.
21
In default of payment, within 30 days of invoice, of the service fee billed in
accordance with Section 20, the amount of such fee, plus interest at the rate of six
percent (6%) per annum calculated and compounded monthly from the date of
invoice, may be recovered by the Corporation as a debt.
Permit Suspension or Revocation
22
The Fire Chief or a peace officer is authorized and empowered to suspend or
revoke any permit issued under this Bylaw where he or she has determined that
the holder of the permit has contravened or authorized, permitted or suffered the
contravention of any provision of this Bylaw or any other applicable enactment,
or the conditions or restrictions set out in the permit.
Surrender of Fireworks
23
Every person who possesses or discharges fireworks, pyrotechnic special effects
fireworks or firecrackers contrary to any provision of this Bylaw commits an
offence and shall, when requested to do so, surrender the same which are in his or
her immediate possession to the Fire Chief or a peace officer, who shall be
authorized to hold such items in the interest of public safety and as evidence of
the commence of the offence.
24
Fireworks, pyrotechnic special effects fireworks or firecrackers surrendered
pursuant to Section 23 may be disposed of by the Corporation without
compensation.
Penalties
25 Any person who contravenes this Bylaw by doing an act which it forbids, omitting
to do an act which it requires to be done, or by failing to comply with a condition
or order imposed hereunder, commits an offence punishable upon summary
conviction and is liable to a fine of not more than Ten Thousand Dollars
($10,000.00).
Exemption
26
This Bylaw does not prohibit or regulate the use of flares or similar pyrotechnic
devices by boat operators for emergency signaling purposes.
6
Bylaw No. 4375
Severability
27
If any part of this Bylaw is declared invalid by a court of competent jurisdiction,
the remainder shall continue in full force and effect and be construed as if the
Bylaw had been adopted without the invalid portion.
Repeal
28
Bylaw No. 4049, Fireworks and Firecracker Regulation Bylaw, 1999, is hereby
repealed.
Citation
28
This Bylaw may be cited as the Fireworks Regulation Bylaw, 2007.
READ a first, second and third time by the Municipal Council on August 20, 2007
ADOPTED AND FINALLY PASSED by the Municipal Council on September 10, 2007
_______________________________
Municipal Clerk
__________________________________
Mayor
Sealed with the Seal of The
Corporation of the District of
Oak Bay.
7
Bylaw No. 4375
SCHEDULE "A"
Application for Fireworks Permit / Permit Form / Indemnification
Name of applicant: ______________________________________________________
Birth date: ___________________________ Age: _____________________________
Mailing address: ________________________________________________________
__________________________________ Phone: _____________________________
Email: ________________________________________________________________
Fireworks Supervisor Level and Card No._____________________________________
(attach photocopy)
THE APPLICANT HEREBY applies to discharge consumer or display (circle one)
Fireworks 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 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.
READ CAREFULLY:
THE APPLICANT CERTIFIES that the applicant understands and will be guided and
bound by the provisions of Bylaw No. 4375, Fireworks Regulation Bylaw, 2007, 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 Corporation.
8
Bylaw No. 4375
Schedule "A", continued
THE APPLICANT FURTHER CERTIFIES that the applicant is authorized to the
appropriate level by the Explosives Regulatory Division 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 Corporation 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 Corporation 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
nonperformance 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.
SIGNED by the Applicant in the presence
of:
______________________________
Witness (signature)
______________________________
Witness (print name)
______________________________
Occupation
______________________________
Address
_______________________________
Date
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
_____________________________
Signature of Applicant
Print Name: ___________________
9
Bylaw No. 4375
Schedule "A", continued
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 Bylaw No. 4375, Fireworks Regulation Bylaw, 2007, 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 fireworks event that
occurs on municipal property, including any litter left by the spectators, is
removed from the location at the conclusion of the event.
- For a display fireworks event, in accordance with requirements of Bylaw No,
4375, Fireworks Regulation Bylaw, 2007, 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 10 days prior to the
permitted event.
- Other:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________
Fire Chief or authorized designate
___________________________
Date of issue
___________________________
Date of Authorizing Resolution of Council
10
Bylaw No. 4375
SCHEDULE "B"
Application for Pyrotechnics Permit / Permit Form / Indemnification
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 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.
11
Bylaw No. 4375
Schedule "B", continued
READ CAREFULLY:
THE APPLICANT CERTIFIES that the applicant understands and will be guided and
bound by the provisions of Bylaw No, 4375, Fireworks Regulation Bylaw, 2007, 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 Corporation 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 Corporation 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
nonperformance 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.
12
Bylaw No. 4375
Schedule "B", continued
SIGNED by the Applicant in the presence
of:
______________________________
Witness (signature)
______________________________
Witness (print name)
______________________________
Occupation
______________________________
Address
_______________________________
Date
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
_____________________________
Signature of Applicant
Print Name: ___________________
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
Bylaw No, 4375, Fireworks Regulation Bylaw, 2007, as amended from time to time, and
to the following conditions and restrictions:
- 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.
- In accordance with requirements of Bylaw No, 4375, Fireworks Regulation
Bylaw, 2007, 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 10 days prior to the permitted event.
- Other (see over):
13
Bylaw No. 4375
Schedule "B", continued
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________
Fire Chief or authorized designate
___________________________
Date of issue
14
Bylaw No. 4375
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
Corporation 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 Corporation 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
Corporation 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.
15
Bylaw No. 4375
Schedule "C", continued
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.
SIGNED by the Property Owner in the
presence of:
______________________________
Witness (signature)
______________________________
Witness (print name)
______________________________
Occupation
______________________________
Address
_______________________________
Date
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
_____________________________
Signature of Property Owner
Print Name: ___________________
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.
16
Bylaw No. 4375
SCHEDULE "D"
Agreement of Organizer or Sponsor of a 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 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 Corporation 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 Corporation 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 Corporation 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.
17
Bylaw No. 4375
Schedule "D", continued
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.
SIGNED by the Organizer/Sponsor in the
presence of:
______________________________
Witness (signature)
______________________________
Witness (print name)
______________________________
Occupation
______________________________
Address
_______________________________
Date
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
_____________________________
Signature of Organizer/Sponsor
Print Name: ___________________
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.
18
Bylaw No. 4375
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 Corporation, its elected officials, officers, agents and employees, and
contractors acting on behalf of the Corporation, as additional insureds;
(e)
be primary and non-contributing with respect to any insurance carried by the
Corporation;
(f)
not include a deductible greater than $10,000.00 per occurrence (unless the
Corporation 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 Corporation 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 Corporation, its elected officials, officers, agents and employees,
and contractors acting on behalf of the Corporation 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; and
(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 Corporation.
19
Bylaw No. 4375
Schedule "E", continued
Not less than 10 days prior to the fireworks event or pyrotechnic special effects fireworks
event and upon the Corporation's written request from time to time, the display fireworks
permit holder or pyrotechnics permit holder shall furnish the Corporation with a
certificate or certificates of insurance as evidence that the required insurance is in force.
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 Corporation.
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 fulfill 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.
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.
20
Bylaw No. 4375
21
SCHEDULE "F"
Application Fees and Cost Recovery Charges
Application Fees
Fireworks Event (Consumer):
$50.00
Fireworks Event (Display):
$100.00
Cost Recovery Charges
Pyrotechnics Fire Safety Plan Review:
$200.00
Fire Protection for Pyrotechnic
Special Effects Fireworks and
Display Fireworks Events:
$500.00 per hour for supply of equipment
and personnel providing fire protection;
minimum 3 hour charge