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TOWN OF QUALICUM BEACH
BYLAW NO. 611
A BYLAW TO REGULATE THE STORAGE, SALE AND
DISCHARGE OF FIREWORKS AND FIRECRACKERS
WHEREAS, pursuant to the provisions contained in Section 8 (3) (d) of the Community
Charter, Council may, by Bylaw, regulate, prohibit and impose requirements in relation to
firecrackers and fireworks of every nature or kind;
AND WHEREAS, pursuant to the provisions contained in Section 8 of the Community
Charter, Council may, by Bylaw, regulate, prohibit and impose requirements in relation to the
protection and enhancement of the well-being of its community in relation to noise, vibration,
odour, dust, illumination or any other matter that is liable to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of individuals or the public;
AND WHEREAS, Council deems it expedient and desirable to provide such regulations;
NOW THEREFORE, the Council of the Town of Qualicum Beach, in open meeting
assembled, ENACTS AS FOLLOWS:
CITATION
1.
This Bylaw may be cited for all purposes as "Town of Qualicum Beach Fireworks
Regulation Bylaw No. 611,2007".
INTERPRETATION
2.
In this Bylaw, unless the context otherwise requires:
"Council", means the Municipal Council of the Town of Qualicum Beach
"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.
"Explosive Act", means the Explosives Act, R.S.C., 1992, c. E-17, as may be amended
from time to time, and includes the Explosive Regulations made thereunder.
"Fire Chief, means the Chief of the Qualicum Beach Fire Department as duly
appointed by Council and shall include any member of the Qualicum Beach Fire
Department acting under the direction of the Fire Chief.
"Family Fireworks" means fireworks defined as Low Hazard Fireworks pursuant to
subdivision 1, of Division 2 of Class 7 in the Explosives Regulations of the Explosives
Act, Canada as amended from time to time but does not include sparklers or Christmas
crackers.
Fireworks Regulation Bylaw No. 611
Page 2 of 9
"family Pack" means six or more Family Fireworks which are packaged together and
intended to be sold as a unit, except that Roman Candles shall constitute not more
than 25% of the total number of fireworks in the packaged unit.
"Firecracker", means small fireworks with entwined fuses used as noise makers
having little or no pyrotechnic effect and, without limitation, includes bottle rockets,
screechers, screecharoos, humaroos, supersonic bang, butterfly thunder and air bombs.
"Fireworks", means manufactured goods intended to be used for pyrotechnic effect
that are classified by the Explosives Regulations as low hazard fireworks for recreation
(class 7.2.1) such as fireworks showers, fountains, golden rain, lawn lights, pinwheels,
roman candles, volcanoes and similar products.
"Peace Officer", means a person employed by the Fire Department of the Town of
Qualicum Beach, acting as a Local Assistant to the Fire Commissioner as defined
under the Fire Services Act [RSBC1996] CHAPTER 144 or any person employed by the
Town of Qualicum Beach as a Bylaw Enforcement Officer, or any person carrying out
the duties of a R.CM.P. Officer for the Town of Qualicum Beach.
"Roman Candle" means a ground level family firework that is capable of projecting or
discharging a charge or series or pyrotechnical effects more than 3 metres and which
usually has a tube size of 1.90 cm (.75 inch) or less.
3.
This Bylaw shall not apply to and nothing herein contained shall be deemed to refer to
the storage or possession of fireworks or firecrackers exclusively for wholesale purpose
or to the wholesale sales of fireworks in bulk to retailers licensed to carry on a retail
business and holding a Fireworks Vendor's Permit in the Town of Qualicum Beach.
GENERAL REGULATIONS
4.
(1)
No person shall possess, sell, offer for sale, use, store, discharge or explode a
firecracker within the Town of Qualicum Beach.
(2)
No person shall discharge fireworks of any nature within the Town of Qualicum
Beach except on October 31 of each year.
(3)
Except from October 24 to and including October 31 in each year, and except as
provided in this Bylaw, no person shall sell, offer for sale, expose for sale or
possess Fireworks with the intent to sell the same.
(4)
No person shall offer for sale or sell Fireworks to a person who is under 18 years
of age, or to a person who appears to be under the age of 18 years, and whc
does not produce evidence that he or she is 18 years of age or older.
Fireworks Regulation Bylaw No. 611
Page 3 of 9
(5)
No person shall offer for sale or sell a Roman Candle except as part of a
Family Pack.
(6)
No person under the age of 18 years of age shall possess, explode or discharge
any fireworks or firecrackers of any nature within the boundaries of the Town of
Qualicum Beach.
VENDOR'S PERMIT
5.
(1)
No person shall offer for sale, display for sale, sell, or cause to be sold or keep
with the intent to sell to any person, any fireworks without holding a valid and
subsisting Fireworks Vendor's Permit, in the form attached hereto as Schedule
"A", and without holding a valid and subsisting business License issued by the
Town of Qualicum Beach.
(2)
An application for a Fireworks Vendor's Permit shall be made to the Fire Chief in
the form attached hereto as Schedule "A", and shall be accompanied by a fee of
fifty dollars ($50.00).
(3)
The Fire Chief may revoke any permit issued pursuant to this bylaw, in any case,
where the holder of the permit or an employee or agent of the holder has
violated any of the provisions of this bylaw, the Explosives Act, or the Fireworks
Act.
(4)
No person shall be issued a Fireworks Vendor's Permit or employ any person to
exercise control or may exercise control over the storage, sales or disposal of
fireworks unless they have first undergone a course of instruction on the use of
portable fire extinguishers under the guidance of a person appointed for that
purpose by the Fire Chief.
DISCHARGE OF FIREWORKS/FIRECRACKERS
6.
(1)
No person shall discharge or explode a firecracker of any nature within the
boundaries of the Town of Qualicum Beach.
(2)
No person shall discharge or explode a firework which is pointed or directed at
any person, animal, building, motor vehicle, tree or bush.
(3)
No person shall discharge or explode any fireworks in or on;
(a)
a street, road, roadway, public sidewalk, boulevard or lane;
(b)
a park;
(c)
a property on which a school is located;
(d)
a beach, beachfront, or other area of land lying below the natural
boundary of the ocean or an inlet of the ocean;
Fireworks Regulation Bylaw No. 611
Page 4 of 9
(e)
land in a commercial or industrial zone as defined in the "Town of
Qualicum Beach, Land Use and Subdivision Bylaw No. 580,1999", or its
successor bylaws.
(4)
Not withstanding Sections 4.2 and 6.3, the Fire Chief may issue a Special Use
Fireworks Permit, in the form hereto attached as Schedule "B", authorizing a
person to explode or discharge fireworks in any of the locations mentioned in
Section 6.3 or on days other than specified in Section 4.2 and may attach any
terms and conditions to the permit he / she deems necessary.
STORAGE OF FIREWORKS
7.
(1)
No person shall store, cause to be stored or have in his / her possession or on
his / her premises, more than 23 kg (50.705 lbs.) aggregate weight of fireworks at
anytime.
(2)
No person shall store or cause to be stored any fireworks adjacent to any heat,
flame, or other source of ignition.
(3)
No vendor shall store, or cause to be stored, fireworks in a position or area that is
readily accessible to customers or prospective customers. The storage area must
be screened off from customers by a solid physical barrier and an attendant
must always be on duty.
(4)
Every person holding a Fireworks Vendor's Permit at all premises where fireworks
are stored or kept must maintain a ULC approved, minimum 2A 10BC rating,
multi-purpose dry chemical portable fire extinguisher which is readily available
on the premises at all times.
(5)
If the Fire Chief determines that a fire hazard exists on the premises of the holder
of a Fireworks Vendor's Permit and the holder does not eliminate such hazard
forthwith upon notice thereof, the Fire Chief may order the removal of all
fireworks from the premises, and no person shall refuse or fail to comply with
such order.
PENALTY AND SEIZURE
8.
(1)
Where a Peace Officer finds fireworks being displayed or offered for sale by a
vendor who does not hold a current and subsisting Fireworks Vendor's Permit,
the Peace Officer may seize and destroy the fireworks without compensation to
the vendor or other owner of the fireworks.
(2)
Every person who possesses or discharges firecrackers or fireworks contrary to the
provisions of this bylaw commits an offence and shall when directed to do so
surrender all firecrackers or fireworks in their immediate possession to a Peace
Fireworks Regulation Bylaw No. 611
Page 5 of 9
Officer who shall be authorized to hold all such firecrackers or fireworks in the
{
interest of public safety and as evidence of the commission of the offence.
(3)
Every person who violates any provisions of this bylaw or who permits any act
or thing to be done in contravention or in violation of any provisions of this
bylaw, or who neglects to do or refrain from doing anything required to be
done by any of the provisions of this bylaw, shall be guilty of an offence
punishable on summary conviction and shall be liable to a fine of not more than
$10,000.00 or to imprisonment for not more than six (6) months, or to both, the
penalties being enforced and the fines and costs being recoverable upon
summary conviction in the manner provided by the Offence Act [RSBC 1996]
CHAPTER 338 as amended.
SEVERABILITY
9.
If any section, subsection or clause of this bylaw is declared or held to be invalid by a
court of competent jurisdiction, then that invalid portion shall be severed and the
remainder of this bylaw shall be deemed to have been enacted and adopted without
the invalid and severed section, subsection or clause.
REPEAL
10.
Town of Qualicum Beach Fireworks Regulation Bylaw No. 540,1993 is repealed in its
entirety.
READ a first time the 13th day of August, 2007.
READ a second time the 10* day of September, 2007.
READ a third time the 1st day of October, 2007.
ADOPTED, the 17th day of October, 2007.
Teunis Westbroek, Mayor
Trudy Coates,(yorporate Administrator
Fireworks Regulation Bylaw No. 611
Page 6 of 9
BYLAW NO. 611
SCHEDULE "A" Page 1 of 3
TOWN OF QUALICUM BEACH
FIREWORKS VENDOR'S APPLICATION AND PERMIT
Section 1 - Application - To be completed by Vendor
Name of owner(s) / company.;
Home Address:
Telephone:.
City:
Province:
Postal Code:_
Hereby makes application to sell, display, and store low hazard fireworks as defined by the Explosives
Act (Canada) and its Regulations at the following premises within the boundaries of the Town of
Qualicum Beach:
Name of Retail Outlet:
Address:
City:
Province:
Postal Code:_
Location within premises where fireworks will be stored:
weight:
kg.
lbs
If location of storage different from retail outlet, state:
Address:
Telephone:
City:
Province:
Postal Code:_
Employees or persons authorized to sell / handle fireworks: (add additional sheets if required)
Names:
Address
Telephone
The Vendor whose signature appears hereunder, agrees to abide by all conditions contained herein,
and assumes all liability for any damage or injury which might occur as a result of the sale, display, or
storage of fireworks, by him /her or his / her employees or agents and acknowledges that he / she
understands and will comply with all enactments and regulations governing the sale, display, and
storage of said fireworks
^
Dated this
day of
,
Signature of Vendor:
Fireworks Regulation Bylaw No. 611
Page 7 of 9
BYLAW NO. 611
d*\
SCHEDULE "A" Page 2 of 3
1
TOWN OF QUALICUM BEACH
FIREWORKS VENDOR'S APPLICATION AND PERMIT
Section 2: Conditions of Permit
To be completed by the Town ofQualicum Beach Fire Department
The vendor identified in Section 1 of this permit is hereby authorized to sell, display and store
fireworks within the Town of Qualicum Beach subject to the following conditions:
1.
Fireworks of any class or description shall not be sold to a person who is under the age of 18
years or to a person who appears to be under the age of 18 years and does not produce
evidence that he / she is 18 years of age or older.
2.
Fireworks of any class or description shall not be sold to any person except from the 24th day
of October to the 31st day of October inclusive in any year.
3.
Roman Candles shall not be sold except as part of a family pack as defined in Town of
Qualicum Beach Fireworks Regulation Bylaw No. 611, 2007.
4.
Neither the vendor or any person acting on behalf of the vendor may exercise control over the
storage, sales, or disposal of fireworks unless he / she has first undergone a course of
instruction in the use of portable extinguishers under the guidance of a person appointed for
that purpose by the Fire Chief.
5.
The vendor shall not store or cause to be stored or have in his / her possession or on his / her
premises, more than 23 kg (50.705 lbs.) aggregate weight of fireworks at any time.
6.
The vendor shall not store or cause to be stored any fireworks adjacent to any heat, flame, or
other source of ignition.
7.
The vendor shall not store, or cause to be stored, fireworks in a position or area that is readily
accessible to customers or prospective customers. The storage area must be screened off
from customers by a solid physical barrier and an attendant must always be on duty.
8.
The vendor shall, in any premises in which fireworks are stored or kept for sale to any person,
maintain a ULC approved, minimum 2A 10BC rating, multi-purpose dry chemical portable fire
extinguisher which is readily available on the premises at all times.
9.
The vendor shall post a copy of this permit in a conspicuous place in any place in which
fireworks are stored, sold or displayed and such copy shall be available for inspection by the
Fire Chief.
10.
Special Conditions of Sale, Display and Storage of Fireworks:
Fireworks Regulation Bylaw No. 611
Page 8 of 9
BYLAW NO. 611
SCHEDULE "A" Page 3 of 3
TOWN OF QUALICUM BEACH
FIREWORKS VENDOR'S APPLICATION AND PERMIT
Section 3:
Authorization
This permit is effective from
,
to
,
Business Licence Obtained: £) (check when confirmed)
The vendor identified herein is hereby authorized to sell, display, and store fireworks in
accordance with the conditions contained in this permit.
Dated this
day of.
Town of Qualicum Beach Fire Chief
Fireworks Regulation Bylaw No. 611
Page 9 of 9
BYLAW NO. 611
SCHEDULE"B"
TOWN OF QUALICUM BEACH
APPLICATION FOR A SPECIAL PERMIT FOR EXPLODING OF FIREWORKS
APPLICATION is hereby made in accordance with the provisions of Town of Qualicum Beach Fireworks Regulation Bylaw
No. 611,2007" by
PERSONAL/OF
VTION INFORMATION
Person, Group or Organization:.
Address (include postal code):_
Telephone:
Cell Phone:
For a special permit to explode fireworks on:
The
day of
, 20
at
from
a.m./p.m. to
a.m./p.m.
Name of Fireworks Supervisor,
Address:
(location)
Telephone:
Signature of Property Owner
Date Issued:
Signature of Fireworks Supervisor
Issued by:
Town of Qualicum Beach Special Permit
Permission is hereby granted in accordance with the provisions of Town of Qualicum Beach Fireworks Regulation Bylaw
No. 611.2007-to:
Name of Person, Group or Organization:,
Address & Telephone Number
For exploding of Fireworks on the
day of
from
a.m. / p.m. to
a.m. / p.m.
_.2O
at.
(location)
Issued at Qualicum Beach, British Columbia, this
day of.
_.2O
Attach a copy of the Certificate of Insurance in the amount of $3,000,000.00 naming the Town of Qualicum Beach as an
insured.
Signature of Fire Chief
* The Town of Qualicum Beach accepts no responsibility for liability costs incurred as a result of authorizing this permit.