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TOWN OF SIDNEY
BYLAW NO. 1924
(CONSOLIDATED)
Amendment Bylaws incorporated as listed at the end of the document.
A BYLAW TO REGULATE FIREWORKS
Contents:
1.
Title
2.
Definitions
3.
Prohibitions
4.
Exemptions
5.
Family or Display Fireworks Permits
6.
Entertainment Industry Pyrotechnics Permits
7.
Fireworks Permit and Pyrotechnics Permit Conditions
8.
Permit Holder Requirements
9.
Revocation of Permit
10.
Cost Recovery Fees
11.
Enforcement
12.
Severability
13.
Repeal
Schedule A-1 Application for Family Fireworks Permit
Schedule A-2 Application for Display Fireworks Permit
Schedule B
Insurance Requirements
Schedule C
Agreement of Property Owner for Fireworks Event or Pyrotechnics Event
Schedule D
Agreement of Organizer or Sponsor of a Fireworks Event or Pyrotechnics Event
Schedule E
Application Fees and Cost Recovery Charges
Schedule F
Application for Entertainment Industry Pyrotechnics Permit
Schedule G
Municipal Ticket Information Designations
Schedule H Environmentally Sensitive Areas
WHEREAS the Council of the Town of Sidney 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 Town of Sidney, in open meeting assembled, enacts as
follows:
1. Title
This Bylaw may be cited for all purposes as the "Bylaw to Regulate Fireworks No. 1924,
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;
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
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___
"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 excluding Firecrackers and Entertainment Industry
Pyrotechnics;
"Enforcement Officer" means a person employed as Fire Chief by the Fire Department of
the Town of Sidney or any person employed by the Town of Sidney 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;
"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,
"Town" means the Town of Sidney
3. Prohibitions
1. No person may sell, offer to sell, trade or otherwise dispose of Fireworks, Entertainment
Industry Pyrotechnics or Firecrackers to any other person.
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
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2. No person may store, hold, possess, fire, set-off or explode Fireworks without a Fireworks
Permit.
3. No Fireworks Permit holder may store, hold, possess, fire, set-off, explode or otherwise use
Fireworks in contravention of a Fireworks Permit.
4. No person may store, hold, possess, fire, set-off or explode Entertainment Industry
Pyrotechnics without a Pyrotechnics Permit.
5. No person may store, hold, possess, fire, set-off, explode, or otherwise use Fireworks within
200 meters (buffer zone) of a designated Environmentally Sensitive Area (ESA) as outlined
in Schedule H.
6. 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.
7. 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.
8. No person may store, hold, possess, fire, set-off or explode Firecrackers.
4. Exemptions
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 illumination.
5. Family Fireworks or Display Fireworks Permits
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 Town;
(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".
2. The Fire Chief shall consider each application for a Fireworks Permit and issue a Fireworks
Permit to the applicant if:
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
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___
(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 Town.
3. Notwithstanding Section 5.2, the Fire Chief shall only issue a Fireworks Permit that
authorizes the firing, setting off or exploding of Fireworks:
(a) between the hours of 5:00 PM and 10:00 PM on October 31st each year, or
(b) during a Fireworks Event, other than October 31st of each year.
6. Entertainment Industry Pyrotechnics Permit
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 Town;
(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 and/or 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;
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
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___
(j)
The Pyrotechnics Permit application fee set out in Schedule "E"; and
(k)
The Fire Safety Plan review fee set out in Schedule "E".
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 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 Town.
7. Fireworks Permit and Pyrotechnics Permit Conditions
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:
the days and the hours during which Fireworks or Entertainment Industry Pyrotechnics
may be fired, set off, exploded or otherwise used;
the location to which Fireworks or Entertainment Industry Pyrotechnics may be fired, set
off, exploded or otherwise used;
the type of Fireworks or Entertainment Industry Pyrotechnics that may be fired, set off,
exploded or otherwise used; and
the safety and convenience of the public.
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
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;
(b)
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 direct supervision and responsibility; and
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
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(e)
Ensure that the use, handling, discharge, 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.
9. Revocation of Permit
1. The Fire Chief may revoke a Fireworks Permit or Pyrotechnics Permit at any time if the
Fireworks Permit or Pyrotechnics Permit Holder:
1. Fails to comply with any term or condition of the Fireworks Permit or Pyrotechnic Permit;
or
2. Violates or breaches any of the provisions of this Bylaw.
10. Cost Recovery Fees
1. Every Pyrotechnics Permit holder shall pay for any fire protection services provided by the
Town for the Pyrotechnics Event. The fees shall be calculated in accordance with Schedule
"E"
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 Town as a
result of a fire caused by a Special Event or Pyrotechnics Event. The fee shall be calculated
in accordance with Schedule "E".
11. Enforcement
1. No person shall obstruct an Enforcement Officer engaged in the administration or
enforcement of this Bylaw.
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.
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 exceeding the
maximum allowed by the Offence Act.
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.
5. Enforcement Officers are designated to enforce this Bylaw pursuant to s. 264(1)(b)
of the Community Charter.
6. The words or expressions set forth in Column 1 of Schedule "G" of this Bylaw 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.
7. The amounts appearing in Column 3 of Schedule "G" of this Bylaw are the fines
established by Council pursuant to s. 265(1)(a) of the Community Charter for the
corresponding offence designated in Column 1.
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
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___
12. Severability
1. 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
1. Bylaw No. 1628, "A BYLAW TO REGULATE THE STORAGE, SALE AND EXPLOSION OF
FIREWORKS AND FIRECRACKERS", and amendments thereto are hereby repealed.
READ A FIRST TIME the
25th day of June, 2007.
READ A SECOND TIME the
25th
day of June, 2007.
READ A THIRD TIME the
25th
day of June, 2007.
RECONSIDERED AND FINALLY ADOPTED the
9th day of July, 2007.
MAYOR
CHIEF ADMINISTRATIVE OFFICER
_______________________________
Amendment No. 1 - Bylaw 2241, September 2022
Amendment No. 2 - Bylaw 2251, April 2023
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 8
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SCHEDULE A-1
Town of Sidney - Application for Family Fireworks Permit
Name of Applicant:
Birth Date:
Age:
Mailing Address: (No permits granted within ESA buffer zones)
Phone:
E-mail:
THE APPLICANT HEREBY applies to fire, set-off or explode Family Fireworks on property within
the Town 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 FOIPP Act.
Information on requirements can be obtained through the Sidney Fire Department
READ CAREFULLY
THE APPLICANT CERTIFIES that the Applicant understands and will be guided by the provisions of the
Town of Sidney 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
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
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SCHEDULE A-1
Town of Sidney - 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 Town 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 Town 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 Town of Sidney 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
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 10
___
Schedule A-2
Town of Sidney - Application for Display Fireworks Permit
Name of Applicant:
Birth Date:
Age:
Mailing Address: (No permits granted within ESA buffer zones)
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 Town 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 FOIPP Act.
Information on requirements can be obtained through the Sidney Fire Department.
.../2
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 11
___
SCHEDULE A-2
Town of Sidney - 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
Town of Sidney 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 Town 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 Town 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 Town of Sidney 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 Town
property, including 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
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 12
___
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;
(iii)
Contractual Liability assumed with respect to the event;
(iv)
Non-Owned and Hired Auto; and,
(v)
Personal Injury Liability;
d) Include the Town, its elected officials, officers, agents and employees, and contractors acting on
behalf of the Town as additional insured's;
e) Be primary and non-contributing with respect to any insurance carried by the Town of Sidney;
f)
Not include a deductible greater than $5,000.00 per occurrence (unless the Town of Sidney 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 Town of Sidney 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 Town of Sidney, its elected officials, officers, agents and employees, and
contractors acting on behalf of the Town of Sidney 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 Town of Sidney;
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
Town of Sidney;
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, including 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 Town of
Sidney 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 Town on demand.
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 13
___
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: (No permits granted within ESA buffer zones)
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 Town of Sidney 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 Town of Sidney 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 Town of Sidney 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 FOIPP Act.
Information on requirements can be obtained through the Fire Department.
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 14
___
SCHEDULE D
Agreement of Organizer or Sponsor of a Fireworks Event or Pyrotechnics Event
Name of Applicant:
_
Location of Fireworks Event or Pyrotechnics Event: (No permits granted within ESA buffer zones)
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
Town of Sidney 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 Town 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 Town of
Sidney 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 FOIPP Act.
Information on requirements can be obtained through the Fire Department
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 15
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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
Review Fee
$150.00
Fire Protection Services Cost Recovery Fees
The cost for the supply of equipment and personnel to provide fire protection services will be
$550.00 per hour.
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 16
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Schedule F
Town of Sidney - Application for Entertainment Industry Pyrotechnics Permit
Name of Applicant:
Birth Date:
Age:
Mailing Address: (No permits granted within ESA buffer zones)
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 Town of Sidney 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 FOIPP Act.
Information on requirements can be obtained through the Fire Department. .../2
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 17
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Schedule F
Town of Sidney - 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
Town of Sidney 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 Town 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 Town 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 of Applicant
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 Town of
Sidney 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 Town
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
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 18
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Schedule G
Municipal Ticket Information Designations
Offence
Section
Fines
Sale of Fireworks, Pyrotechnics or
Firecrackers
3.1
$500.00
Use of Fireworks Without Permit
3.2
$200.00
Use of Fireworks Contrary to
Permit
3.3
$100.00
Use of Pyrotechnics Without
Permit
3.4
$100.00
Use of Pyrotechnics Contrary to
Permit
3.5
$200.00
Unsafe Use of Fireworks or
Pyrotechnics
3.6
$200.00
Use of Firecrackers
3.7
$100.00
Use of Pyrotechnics Contrary to
Fire Safety Plan
8.1(c)
$100.00
Use of Fireworks or Pyrotechnics
Without Supervision
8.1(d)
$100.00
Obstruction of Enforcement Officer
11.1
$250.00
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 19
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Schedule H
Environmentally Sensitive Areas
.../2
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 20
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Schedule H
Environmentally Sensitive Areas
Page Two
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 21
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Schedule H
Environmentally Sensitive Areas
Page Three
Town of Sidney Bylaw to Regulate Fireworks No. 1924, 2007
Page 22
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Schedule H
Environmentally Sensitive Areas
Page Four