Fire Ban and Fireworks By-law — full text

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Fire Ban and Fireworks By-Law: April 9, 2026 Page 1 Town of Victoria Fire Ban and Fireworks By-law 1. This By-Law is entitled the "Fire Ban and Fireworks By-law for the Town of Victoria" 2. Purpose: This By-law is intended to protect public safety and property by regulating open-air fires and fireworks. 3. Definitions: 3.1. Open-Air Fire: Any fire that is burning in the open and not fully enclosed, including fires that are freely burning or have the potential to spread. 3.2. Fire Chief: Means Chief/Deputy Fire Chief of the Town of Victoria Fire Department. 3.3. Fireworks: Any device or composition designed to produce a visual or auditory effect through combustion, deflagration, or detonation, including but not limited to firecrackers, sparklers, aerial shells, roman candles, and other pyrotechnic articles intended for entertainment or celebratory use. 3.4. Permit: Means permit for an open-air fire issued by the Town 3.5. Spark Arrester: Is any device which prevents the emission of flammable debris from combustion sources. 4. Authority: This By-law is enacted under the authority of the Towns and Local Service Districts Act (the "Act"), specifically: - Section 7(1)(e), which requires a town council to adopt a by-law, subject to the Fire Protection Services Act, for the prevention of fire within the town. - Section 8(1)(a), which permits councils to make by-laws concerning health and safety. - Section 8(d), which authorizes by-laws addressing nuisances and hazards. - Section 8(f), which allows for by-laws governing the use of property. - Section 285, which provides for enforcement through the issuance of written orders. 5. Fire Ban Conditions: A fire ban shall be automatically in effect when the Provincial Forest Fire Hazard Index: https://www.gov.nl.ca/ffa/public-education/forestry/forest-fires/fire-hazard-map/ is rated as Very High or Extreme for the region in which the Town of Victoria is located. This by-law is not responsible for this link. During a fire ban: - All open-air fires are prohibited. - The use of fireworks is prohibited. - Charcoal barbecues and wood-burning fire pits are prohibited. - The use of fireworks is prohibited. Fire Ban and Fireworks By-Law: April 9, 2026 Page 2 In addition, Council retains the authority to issue a fire ban during a regular or special public meeting of council, based on local conditions or written advice provided by the Fire Chief. When such a ban is issued, the Town shall publish notice in accordance with Section 292 of the Act. 6. Permitted Devices It is recommended that open-air fires be conducted in a container or fire pit that meets the safety standards of an approved outdoor wood-burning appliance. To further reduce the risk of wildfires, the Town encourages the use of spark arresters that help prevent flammable debris and embers from escaping. The use of CSA or ULC approved propane fire pits is permitted during a fire ban, provided they are used in accordance with manufacturer instructions and are attended at all times. 7. Fireworks: 7.1. Permitted Dates Unless otherwise ordered by Council, Fireworks are permitted on the following days, unless a fire ban is in effect: - Canada Day (July 1) - Victoria Day - Civic Holiday - First Monday in August. - Labour Day Weekend - Christmas Day - New Year's Eve - New Year's Day - Other dates as approved by Council 7.2. Permitted Times Unless otherwise approved by Council, fireworks may be discharged between 6:00 p.m. and 11:00 p.m. on permitted dates. On New Year's Eve, fireworks may be discharged between 6:00 p.m. and 1:00 a.m. on New Year's Day. 8. Fireworks Permit Issuance Residents may request approval to use fireworks on alternate dates by submitting an application to the Town Office. Should there be a fee for the issuance of fireworks, the fee structure shall be in accordance with the Towns and Local Service Districts Act. 8.1. Authority for Approval The Town Manager is authorized to approve fireworks permit applications, in accordance with the provisions of this by-law. Where an application is not approved by the Town Manager, the application shall be referred to Council for consideration. Fire Ban and Fireworks By-Law: April 9, 2026 Page 3 8.2. Application Requirements Applications must be submitted at least 14 business days in advance and will be assessed based on current fire risk and public safety considerations. The Town reserves the right to request additional information in support of any application. 8.3. Restrictions Permits shall not be issued during an active fire ban or when the Provincial Forest Fire Hazard Index is rated as Very High or Extreme. The Town reserves the right to deny or revoke a permit where public safety is, or may be, at risk. 9. Reporting Violations: Suspected violations of this by-law may be reported to: - The Town Office during regular business hours. - The Provincial Crime Stoppers Line at 1-800-222-TIPS (8477), available 24/7. - Royal Canadian Mounted Police NL line at 1-800-709-7267. 10. Enforcement This by-law shall be enforced through written orders issued under Section 285 of the Act. Orders may require, without limitation: - Immediate extinguishment of a fire; - Removal of unauthorized fireworks; - Compliance with fire ban restrictions. Failure to comply with an order may result in further action as permitted under the Act. 11. Liability Individuals who violate the fire ban may be held responsible for the costs associated with fighting any resulting fires, including firefighting personnel, equipment, and property damage. - Fireworks must be set off in a safe, open area away from buildings, vehicles, and overhead wires. - A water source or fire extinguisher must be available on-site during the display. - The applicant is responsible for ensuring all fireworks are handled safely and in accordance with the manufacture's instructions and all other applicable laws. - The Town of Victoria assumes no liability for any injury, damage, or loss resulting from the use of fireworks. Fire Ban and Fireworks By-Law: April 9, 2026 Page 4 12. Effective Date This by-law shall come into force on May 1, 2026, and shall be binding upon all persons within the jurisdiction of the Town. Official By-Law Information Date of Council Approval April 9, 2026 Resolution Number: 069-2026 Date of Advertisement April 15, 2026 I certify that the By-Law was approved by Council and published as indicated above. Town Administrator: Town Clerk: Date: April 15, 2026 Fire Ban and Fireworks By-Law: April 9, 2026 Page 5 PO Box 130, Victoria, NL A0A 4G0 Office # 596-3783 / Fax# 596-5020 General Email: [email protected] Residential Fireworks Permit Application Applicant Information Full Name: __________________________________________ Address: __________________________________________ Phone Number: __________________________________________ Email: __________________________________________ Event Details Date of Fireworks Display: _______________________________ Time of Display: _______________________________ Location of Display: _______________________________ Conditions for Approval - No fireworks may be discharged during a fire ban or when prohibited by the Town of Victoria. - Fireworks must be set off in a safe, open area away from buildings, vehicles, and overhead wires. - A water source or fire extinguisher must be available on-site during the display. - The applicant is responsible for ensuring all fireworks are handled safely. - The permit is valid only for the date and time specified above. Liability Waiver The applicant acknowledges and agrees that: - The Town of Victoria assumes no liability for any injury, damage, or loss resulting from the use of fireworks. Signature of Applicant: _______________________________ Date: _______________________________ Office Use Only Permit Approved: Yes No ▬ Approved by Council: Yes No Authorized By: __________________________ Date Issued: __________________________