Bylaw 1427 - Fireworks

Parksville, British Columbia

This is the exact embedded text of the captured official document. Snapshot e5701eca0c5d · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF PARKSVILLE BYLAW NO. 1427 Consolidated for convenience only to include Bylaw No. 1427.1 and 1515 FIREWORKS BYLAW A BYLAW TO REGULATE THE SALE AND POSSESSION OF FIREWORKS AND LIMIT THE DISCHARGE OF FIREWORKS WHEREAS the Council may, by bylaw, establish and impose regulations regarding the possession and discharge of fireworks. NOW THEREFORE the Council of the City of Parksville in open meeting assembled enacts as follows: 1. TITLE This bylaw may be cited as "Fireworks Regulation Bylaw, 2007, No. 1427". 2. DEFINITIONS In this bylaw, unless the context requires otherwise: "Act" means the Explosive Act. Revised Statutes of Canada, 1985, Chapter E-17 and its affiliated Regulations as amended or replaced from time to time; "Consumer Firework" means an outdoor, low hazard, recreational firework, 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; "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 an outdoor, high hazard, recreational firework classed as a Subdivision 2 of Division 2 of Class 7 Fireworks under the Act, and includes rockets, serpents, shells, bombshells, tourbillons, maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, set pieces and pigeons but does not include firecrackers; "Explosives Regulatory Division" means the Explosive Regulatory Division of the Explosives Branch of the Minerals and Metals Sector of Natural Resources Canada; Bylaw No. 1427 - Consolidated - Page 2 "Federal Regulations" means the Explosives Regulations enacted under the Act, 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 Event" means the observance of a special event or festival where a permit has been issued to allow the discharge of display fireworks or pyrotechnic special effects fireworks; "Fireworks Event Permit" means a current and valid permit issued under this Bylaw specifying and authorizing a person to discharge display fireworks or pyrotechnic special effect fireworks; "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 Parksville; "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; Bylaw No. 1427 - Consolidated - Page 3 "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; "Pyrotechnic Special Effects Firework" means a high hazard firework 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. 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 at anytime. 5. No person under the age of eighteen (18) years may hold, possess, store, discharge, or otherwise use any fireworks. 6. 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. 7. No person may hold, possess, store, discharge, or otherwise use any 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 may hold, possess, store, discharge, or otherwise use display fireworks without a fireworks event permit. 9. No display fireworks permit holder may hold, possess, store, discharge, or otherwise use display fireworks in contravention of a fireworks event permit. Bylaw No. 1427 - Consolidated - Page 4 10. No person may hold, possess, store, discharge, or otherwise use pyrotechnic special effects fireworks without a fireworks event permit. 11 No pyrotechnics permit holder may hold, possess, store, discharge or otherwise use the pyrotechnic special effect fireworks in contravention of a fireworks event permit. Bylaw No. 1427.1 adopted May 21, 2008 added Section 3.1 in its entirety: 3.1 EXCEPTIONS 1. Storage of consumer fireworks shall be permitted only if all the following conditions are met: a. The consumer fireworks are stored only for the purpose of wholesale sales to retailers or distributors outside of the City of Parksville; b. The wholesale business storing the consumer fireworks holds a valid business license with the City of Parksville; c. The wholesale business storing the consumer fireworks holds the required licenses and permits from the Federal and/or Provincial governments d. The Fire Chief is advised of the location where the consumer fireworks are stored; and e. The quantity of the consumer fireworks stored is approved by the Fire Chief. 4. FIREWORKS EVENT PERMITS: 1. Any person before discharging fireworks must apply for and receive a fireworks event permit. Bylaw 1515 adopted March 16, 2015, amended Section 4 (2) to read as follows: 2. Every application for a fireworks event permit must be accompanied by the permit application fee established in Schedule "F" of "Fees and Charges Bylaw, 2015, No. 1515" 3. Every application for a fireworks event permit must be submitted to the municipality at least 30 days prior to the date upon which the fireworks event is to occur. 4. Every application for a permit under this bylaw, shall be made by the person setting off the fireworks , shall be writing and be in general accordance with Schedule "A" attached to this bylaw. 5. Every applicant for a fireworks event permit shall hold a current and valid Fireworks Supervisor and/or Pyrotechnics Certification card as issued by Natural Resources Canada. Bylaw No. 1427 - Consolidated - Page 5 6. The applicant shall, without limiting its obligations or liabilities under the Fireworks Event permit, purchase and maintain at its own expense and cost, the insurance policy listed in Schedule "F" attached to this bylaw. The insurance policy shall be maintained continuously from the date of commencement of the Fireworks Event Permit until the date of the expiry of the Fireworks Event Permit or such further period as may be specified in Schedule "F". 7. An applicant shall submit a written agreement from the owner of the property on which the Fireworks Event is to take place and a written agreement from any Sponsoring Organization of the Fireworks Event, in general accordance with Scheduled "C" and "D", attached to this bylaw. In the case of Fireworks Events that are to take place on City owned property, permission from the City is required. 8. Every Fireworks Event Permit issued under this section shall be in general accordance with the form in Schedule "E" attached to this bylaw and shall be issued by the Fire Chief. Prior to the issuance of the Fireworks Event Permit, the applicant shall provide evidence, satisfactory to the City, of the insurance required under subsection 6 of this section. 9. Fireworks Events shall end prior to 11:00 p.m. and may not start prior to 8:00 a.m. on any day and shall be started and completed within the time period specified on the Fireworks Event Permit, except as authorized by the Fire Chief. 10. Fireworks Events may be inspected by the Parksville Fire Department to ensure all safety aspects have been adhered to as set out in the Act and in general accordance with Schedule "A attached to this bylaw. 11. The Fire Chief may revoke a Fireworks Events Permit issued under this bylaw at any time. 12. A Fireworks Events permit issued under this bylaw is not transferable. 13. All fireworks and all debris from the Fireworks Event shall be removed and safely disposed of by the Permit hold as soon as practical after the Fireworks Event is completed and on or before the expiry of the permit. 5. ENFORCEMENT 1. Peace Officers are designated to enforce this bylaw by means of the issuance of a ticket. 2. No person shall obstruct a Peace Officer or any other designated person engaged in the administration or enforcement of this bylaw. 3. 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. Bylaw No. 1427 - Consolidated - Page 6 4. 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. 5 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. 6. Fireworks seized under this bylaw may be disposed of without compensation. 6. EXEMPTION: This bylaw does not prohibit or regulate the use of torpedoes, flares, fuzzes or similar pyrotechnic devices by motorists, boat operators, railroads, police or other agencies for signalling purposes or illumination. 9. 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. 10. SCHEDULES The schedules attached to this bylaw form part of this bylaw. 11. REPEAL Fireworks Regulation Bylaw, 1957, No. 76, and any amendments to it are hereby repealed. READ A FIRST TIME this 18th day of June 2007 READ A SECOND TIME this 18th day of June 2007 READ A THIRD TIME this 18th day of June 2007 ADOPTED this 4th day of July 2007 Original signed by Sandy Herle Original signed by Laurie Taylor Mayor Corporate Officer Bylaw No. 1427 - Consolidated - Page 7 Consolidated under the provisions of the Community Charter to include Bylaws 1427.1 and 1515. Printed under the authority of the Deputy Corporate Officer of the City of Parksville this 18th day of March, 2015. Original signed by Amanda Weeks Deputy Corporate Officer Bylaw No. 1427 - Consolidated - Page 8 SCHEDULE 'A' APPLICATION FOR FIREWORKS EVENT 1. Applicant must be the person setting off the Fireworks 2. Completed application, including all the required information plus fee, must be submitted to the Fire Chief, City of Parksville, at least 30 days prior to the event 3. A completed Checklist for Fireworks, in general accordance with page 2 of Schedule "A" must be attached to this application. 4. A signed "Applicant Save Harmless Agreement" in general accordance with Schedule "B" must be attached to this application 5. If the Fireworks are not on property owned by the Applicant, written approval from the Owner of the property in general accordance with Schedule "C" must be attached to this application. 6. If applicable, a signed "Sponsoring Organization Save Harmless Agreement" in general accordance with Schedule "D" from the sponsoring organization must be attached to the application. Name of Applicant: Mailing Address: Phone: Fax: Email I hereby make application on behalf of myself (x)________ or Sponsoring Organization ____________________________________________________________________________ to hold the following Fireworks Event: Name of Event: Location: Date: Start Time: End Time: Estimated number of spectators: Property Owner where Event to be held: I hereby certify that I have completed a course for Fireworks Supervisor, or for Pyrotechnics Certification; have read, understand and will be guided by the principles and safety rules in the Fireworks Manuals; and that I will fulfil my legal duty of care as defined therein and by the specified instructions of the manufacturer governing a particular fireworks, and further that I will comply with all requirements of the City of Parksville Fireworks Bylaw, 2007, No. 1427. Signature of Applicant Date Fireworks Supervisor Card No. ____________ Level: __________ Exp. Date: __________ Pyrotechnics Certification: Card No. _________ Level: __________ Exp. Date: __________ Bylaw No. 1427 - Consolidated - Page 9 CHECKLIST FOR FIREWORKS EVENTS VENUE OF THE EVENT _______________________________________________________________ DISPLAYER'S NAME: ________________________________________________________________ DATE & TIME OF DISPLAY(S) __________________________________________________________ This checklist forms part of the permit process for a Fireworks Event permit. It must be fully completed by the Applicant and returned to the City of Parksville Fire Department, before an application for a Fireworks Event Permit will be processed. 1. Written permission from the Owner of the venue where the Fireworks Event is to be held. 2. 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. 3. A complete list and description of all products to be used including charge size, effects and manufacturer's name 4. A description of the firing system to be used 5. A description of the Fire Safety Plan in place 6. Where, and in what fashion, will the fireworks be stored within City limits 7. Upon request by the City of Parksville Fire Department, a demonstration of the product(s) to be used may be required. 8. Upon request by the City of Parksville Fire Department, references from previous Fireworks Events may be required. 9. For Fireworks Events that include Pyrotechnics Special Effects Fireworks, a copy of the Explosive Regulatory Division event approval. Signature of Fireworks Applicant ________________________________ Date ______________ Company name ______________________________________________________________________ Note: Schedules "B", "C", and "D" must be completed and attached to this application. Applicant will be required to provide insurance in accordance with Schedule "F" and will be required to provide evidence of such insurance to the satisfaction of the City, prior to receiving the permit under this bylaw. Personal information collected on this form is collected for the purpose of processing this application and for administration and enforcement of the Fireworks Regulation Bylaw No. 1427. The information is collected under the authority of Freedom of Information Bylaw No. and the Community Charter. If you have any questions about this collection, please contact the Director of Administrative Services, City of Parksville, (250) 954-4664 Bylaw No. 1427 - Consolidated - Page 10 SCHEDULE "B" APPLICANT SAVE HARMLESS AGREEMENT I, _____________________________________ being the Applicant for the Fireworks Event Permit, agree to the following: The Applicant shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the City of Parksville, its elected officials, officers, employees and agents (the Indemnities) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this Fireworks Event Permit, excepting only where such loss, costs, damages, and expenses are as a result of the sole negligence of the Indemnities. The Applicant shall defend, indemnify and hold harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non-performance of this Fireworks Events Permit, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities. Signature of Fireworks Applicant ________________________________ Date ______________ Company name ______________________________________________________________________ Bylaw No. 1427 - Consolidated - Page 11 SCHEDULE "C" OWNER/OWNERS SAVE HARMLESS AGREEMENT I/WE, ______________________________________________ being the Owner/Owners of _________________________________________________________, consent to the holding of a Fireworks Event on the described property and to be held at, in, or near the above described property in conjunction with: _______________________________________________ on _____________________ Name of Special Event or Festival Date The Owner/Owners shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the City of Parksville, its elected officials, officers, employees and agents (the Indemnities) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this Fireworks Event Permit, excepting only where such loss, costs, damages, and expenses are as a result of the sole negligence of the Indemnities. The Owner/Owners shall defend, indemnify and hold harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non-performance of this Fireworks Events Permit, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities. Signature of Owners ________________________________ Date ______________ Signature of Owners ________________________________ Date ______________ Personal information collected on this form is collected for the purpose of processing this application and for administration and enforcement of the Fireworks Regulation Bylaw No. 1427. The information is collected under the authority of Freedom of Information Bylaw No. and the Community Charter. If you have any questions about this collection, please contact the Director of Administrative Services, City of Parksville, (250) 954-4664 Bylaw No. 1427 - Consolidated - Page 12 SCHEDULE "D" SPONSORING ORGANIZATION SAVE HARMLESS AGREEMENT (To be signed by the Sponsoring Organization of the Fireworks Event Permit) _____________________________________________________________ hereby agrees that: a) It is the Sponsoring Organization of the Fireworks Event Permit, and b) The Sponsoring Organization shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the City of Parksville, its elected officials, officers, employees and agents (the Indemnities) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this Fireworks Event Permit, excepting only where such loss, costs, damages, and expenses are as a result of the sole negligence of the Indemnities; and c) The Sponsoring Organization shall defend, indemnify and hold harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non- performance of this Fireworks Events Permit, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities. IN CONNECTION WITH ______________________________________________________________ Name of Special Event or Festival HELD AT OR NEAR _______________________________________________, Parksville, BC ON ________________________, 20 _____ pursuant to the City of Parksville Fireworks Bylaw, 2007, No. 1427 __________________________________________________________ Date _______________ AUTHORIZED SIGNATURE OF SPONSORING ORGANZIATION _______________________________________________ Print name Bylaw No. 1427 - Consolidated - Page 13 SCHEDULE "E" FIREWORKS EVENT PERMIT Date ____________________ Pursuant to Fireworks Bylaw, 2007, No. 1427 PERMISSION IS HEREBY GRANTED TO _____________________________________________ of _________________________________________________________________________ on behalf of ____________________________________________________________________________________ (Name of Sponsoring Organization) To set off Fireworks as per Fireworks Event Permit Application No. ______ and in connection with _______________________________________________________________________ to be held at ___________________________________________ on the __________ day of ____________, 20 __ between the hours of _______________ and ________________. AND TO USE AND EXPLODE the aforesaid Fireworks on the date and between the hours indicated above, and under the direct supervision of: _____________________________________________________. This Fireworks Event Permit shall be valid from _________________ to ___________________. This Permit shall be valid only for above noted purpose, and during or on the date(s) and during the hours herein specified, and is issued under authority of Fireworks Bylaw, 2007, No. 1427 and shall be subject to the Explosive Act, 1985, as amended and Explosive Regulations made thereunder, and may be cancelled at any time by the Fire Chief of the City of Parksville without prior notice. _________________________________ Fire Chief, City of Parksville Bylaw No. 1427 - Consolidated - Page 14 SCHEDULE "F" INSURANCE REQUIREMENTS 1. Applicant to Provide The applicant shall procure and maintain, at its own expense and cost, the insurance policies listed in Section 2 of this schedule, with limits no less than those shown in the respective items, unless in connection with the performance of some particular part of the Fireworks Event Permit, the City advises, in writing, that it has determined that the exposure to liability justifies lower limits. The insurance policy or policies shall be maintained continuously form the commencement date of the Fireworks Event Permit until the expiry of the Fireworks Event Permit or such longer period as may be specified by the City. 2. Insurance As a minimum, the Applicant shall, without limiting its obligations or liabilities under any other contract with the City, procure and maintain, at its own expense and cost, the following insurance policies: Workers Compensation Insurance covering all employees of the Applicant engaged in the works and services related to the Fireworks Event, in accordance with the statutory requirement of the Province or Territory having jurisdiction over such employees. Comprehensive General Liability Insurance: (i) Providing for an inclusive limit of not less than Five Million Dollars ($5,000,000.00) for each occurrence or accident. (ii) Providing for all sums which the Applicant shall become legally obligated to pay for damages because of bodily injury (including death at any time resulting therefrom) sustained by any person or persons or because of damage to or destruction of property caused by an occurrence or accident arising out or related to the Fireworks Event Permit or any operations carried on in connection with the Fireworks Event Permit. (iii) Including coverage for Products/Completed Operations, Blanket Contractual, Contractor's Protective, Personal Injury, Contingent employer's Liability, Broad Form Property Damage, and Non-Owned Automobile Liability. (iv) Including a Cross Liability clause providing that the inclusion of more than one Insured shall not in any way affect the rights of any other Insured hereunder, in respect to any claim, demand, suit or judgement made against any other Insured. 3. The City Named as Additional Insured The policy required by section 2.2 of this schedule shall provide that the City is named as an Additional Insured thereunder and that said policy is primary without any right of contribution from any insurance otherwise maintained by the City. 4. Certificates of insurance The Applicant agrees to submit a Certificate of Insurance, in a form satisfactory to the City, to the Administration Department, prior to the commencement date of the Permit. Bylaw No. 1427 - Consolidated - Page 15 The Certificate shall provide that 30 days written notice shall be given to the Administration Department of the City prior to any material changes or cancellation of such policy or policies. 5. Additional Insurance The Applicant may take out such additional insurance, as it may consider necessary and desirable. All such additional insurance shall be at no expense to the City. 6. Insurance Companies All insurance, which the Applicant is required to obtain with respect to the Fireworks event Permit, shall be with Insurance Companies registered in and licensed to underwrite such insurance in the Province of British Columbia. 7. Failure to Provide If the Applicant fails to do all or anything which is required of it with regard to insurance, the City may do all that is necessary to effect and maintain such insurance, and any monies expended by the City shall be repayable by and recovered from the Applicant. The Applicant expressly authorizes the City to deduct from any monies owing the Applicant, any monies owing by the Applicant to the City. 8. Non-payment of Losses The failure or refusal to pay losses by any insurance company providing insurance on behalf of the Applicant shall not be held to waive or release the Applicant from any of the provisions of the Insurance Requirements of the Fireworks Event Permit, with respect to the liability of the Applicant otherwise. Any insurance deductible maintained by the Applicant under any of the insurance policies is solely for its account and any such amount incurred by the City will be recovered from the Applicant as stated in section 7 of this schedule. Bylaw No. 1427 - Consolidated - Page 16 Bylaw 1515 adopted on March 16, 2015, repealed Schedule "G" in its entirety. SCHEDULE "G" FEE SCHEDULE PROCESSING FEE - FIREWORKS EVENT PERMIT $250.00