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FIREWORKS BYLAW
BYLAW NO. 07-070
This consolidation is a copy of a bylaw
consolidated under the authority of
section 139 of the Community Charter.
(Consolidated on March 1, 2015 up to
Bylaw No. 10-074)
This bylaw is printed under and by
authority of the Corporate Administrator
of the Corporation of the City of Victoria.
Bylaw current to March 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
2
NO. 07-070
FIREWORKS BYLAW
A BYLAW OF THE CITY OF VICTORIA
(Consolidated to include Bylaw No. 10-074)
The purpose of this Bylaw is to regulate the sale, possession, and use of fireworks.
Contents
PART 1 - INTRODUCTION
1
Title
2
Definitions
3
Severability
PART 2 - PERMITS
4
Application for permit
5
Conditions of permit
6
Suspension and revocation
PART 3 - REGULATIONS
7
Sales, gifts, trading fireworks
8
Possession of fireworks
9
Use of fireworks
PART 4 - GENERAL
10
Incident service fee
11
Surrender of fireworks
12
Offences and penalties
13
Repeal
Schedule A - Fees
Under its statutory powers, including sections 8(3)(d),194, and 260 to 265 of the Community
Charter, and section 2 of B.C. Regulation 425/2003 [Community Charter Bylaw Enforcement
Ticket Regulation], the Council of the City of Victoria enacts the following provisions:
PART 1 - INTRODUCTION
Title
1
This Bylaw may be cited as the "FIREWORKS BYLAW".
Bylaw current to March 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
3
Definitions
2
In this Bylaw
"Fire Chief"
means the person appointed from time to time as the Fire Chief of the Fire
Department, or that person's representative;
"fireworks"
(a)
means the "Class 7" fireworks in the Explosives Regulation (Canada) or
its successor regulation;
(b)
does not include sparklers, Christmas crackers, caps for toy guns, model
rocket engines as specified in Subdivision 3, Division 2, Class 7 of the
Explosives Regulation (Canada), or highway flares or other small distress
signals used exclusively for that purpose;
"Fire Department"
means the City of Victoria Fire Department;
"Fireworks Supervisor"
(a)
means a person possessing either a valid certificate for a Level 1
Supervisor or a valid Level 2 Supervisor, issued by the Explosives Branch
of Natural Resources Canada;
(b)
does not include a person possessing only an Apprentice Certificate;
"incident"
means any of the following occurrences to which the Fire Department has
responded:
(a)
fire,
(b)
explosion,
(c)
a situation where a fire or explosion has occurred or is imminent,
(d)
any other situation presenting a danger or possible danger to life or
property;
"peace officer"
means the person holding any of the following positions:
(a)
Fire Chief;
(b)
Fire Prevention Officer;
Bylaw current to March 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
4
(c)
Bylaw Officer;
(d)
police officer;
"permit"
means a permit issued under this Bylaw by the Fire Chief for the discharge of
fireworks;
"wholesaler"
(a)
means a permit holder who is engaged in the bulk sales of fireworks
under a business licence issued by the City;
(b)
includes that person's officials, employees, and shipping contractors;
(c)
does not include a person engaged in the retail sale of fireworks to the
general public.
Severability
3
Each provision of this Bylaw is intended to be independent to the extent that the setting
aside of the provision by a court does not affect the validity of the remaining provisions.
PART 2 - PERMITS
Application for permit
4
(1)
An application for a permit must
(a)
be in the form prescribed by the Fire Chief;
(b)
be submitted to the Fire Chief at least 14 days before the date of the
event for which the permit is required;
(c)
include proof of the insurance described in subsection (2)(b);
(d)
include proof of a valid Fireworks Supervisor Certificate;
(e)
include a site plan and details of the location, duration, and safety
measures in place for the event for which the permit is required.
(2)
An applicant for a permit must
(a)
pay the permit fee set out in Schedule A;
(b)
in a form acceptable to the City, obtain and maintain public liability
insurance, that is
(i)
in the name of the applicant and the City,
Bylaw current to March 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
5
(ii)
obtained from an insurance company registered to do business in
British Columbia , and
(iii)
that provides coverage on an "occurrence basis" in an amount of
at least $5 million;
(c)
accompany a member of the Fire Department on an initial site inspection,
and any site re-inspections required by the Fire Department, of the site of
the event for which the permit is required;
(d)
pay the re-inspection fee, if applicable under paragraph (c), set out in
Schedule A.
(3)
Subject to this Bylaw and the Explosives Act (Canada), the Fire Chief may grant
or refuse a permit.
Conditions of permit
5
A permit holder must
(a)
not possess, fire, or discharge fireworks other than those specified in the permit;
(b)
possess, fire, and discharge fireworks only in accordance with the terms and
conditions of the permit;
(c)
ensure that fireworks are possessed, fired, and discharged only by the permit
holder, or under that person's direct supervision;
(d)
immediately present the permit for inspection when that is requested by a peace
officer.
Suspension and revocation
6
The Fire Chief may suspend or revoke a permit if the permit holder has contravened, or
authorized, permitted, or suffered the contravention of
(a)
a provision of this Bylaw;
(b)
the Fire Services Act or its regulations, or any other applicable statute or
regulations;
(c)
a term or condition specified in the permit.
PART 3 - REGULATIONS
Sales, gifts, trading
7
A person who is not a wholesaler must not offer for sale, sell, give, or trade fireworks.
Bylaw current to March 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
6
Possession of fireworks
8
A person who is not a wholesaler must not possess fireworks without a current permit.
Use of fireworks
9
A person may fire or discharge fireworks only if that is authorized by a permit.
PART 4 - GENERAL
Incident service fee
10
(1)
For the purposes of subsection (2) and Schedule A, the duration of an incident is
the period of time
(a)
beginning at the time of the initial call to the Fire Department requesting a
response to the incident, and
(b)
ending when the Fire Department's last responding unit of equipment
returns from the incident to regular service;
(2)
For the purpose of paying the Fire Department's costs of responding to an
incident, a person who directly causes an incident because of that person's
misuse of fireworks, including but not limited to the failure to comply with this
Bylaw, a permit, or an applicable statute or regulation, in addition to any other fee
or penalty imposed by Bylaw, must pay to the City the incident service fee set out
in Schedule A.
Surrender of fireworks
11
(1)
A person who possesses, fires, or discharges fireworks contrary to this Bylaw
must immediately surrender the fireworks to a peace officer who requests that be
done.
(2)
A peace officer to whom fireworks are surrendered under subsection (1) must
hold them as evidence of the commission of an offence of possession, firing, or
discharge.
Offences and penalties
12
(1)
A person who contravenes a provision of this Bylaw is guilty of an offence and is
subject to the penalties imposed by the Ticket Bylaw, this Bylaw and the Offence
Act.
(2)
Each day that a contravention of a provision of this Bylaw continues is a separate
offence.
(3)
The maximum penalty for each separate occurrence of an offence contrary to
this Bylaw is a fine of $10,000.
Bylaw current to March 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
7
(4)
The minimum penalty is a fine of $200 for each separate occurrence of an
offence contrary to any of the following sections:
(a)
section 5 [conditions of permit];
(b)
section 7 [offering for sale, selling, giving, or trading fireworks];
(c)
section 8 [possession of fireworks];
(d)
section 9 [firing or discharging fireworks];
(e)
section 11 [failure to surrender fireworks].
Repeal
13
Bylaw No. 96-10, The Fire Prevention and Regulation Bylaw is amended
(a)
in section 2 by repealing the definitions of "Family Fireworks", "Family Pack",
"firecrackers", "fireworks", and "Roman Candle", and
(b)
by repealing section 16.
READ A FIRST TIME the
13th
day of
September
2007
READ A SECOND TIME the
13th
day of
September
2007
READ A THIRD TIME the
13th
day of
September
2007
ADOPTED on the
20th
day of
September
2007
"ROBERT G. WOODLAND"
"ALAN LOWE"
CORPORATE ADMINISTRATOR
MAYOR
Bylaw current to March 1, 2015. To obtain latest amendments, if any, contact Legislative Services at 250-361-0571.
8
Schedule A
Fees
Permit
$100 per event
Permit for:
-events sponsored by the City
no fee
-events held by not-for-profit community-based
associations incorporated under the Society Act (B.C.)
and operating within the City
no fee
Site re-inspection
$100
Incident service fee
$500 per hour for each
unit of equipment
(minimum fee of 3 hrs.)