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THE CORPORATION OF THE TOWN OF ERIN
By-Law #19 - 61
Being a By-law to Prohibit and
Regulate the sale of fireworks
and the setting off of fireworks.
WHEREAS Section 121 (a) of the Municipal Act, 2001 , S.O 2001 c.25 provides that the Council
may prohibit and regulate the sale of fireworks and the setting off of fireworks;
AND WHEREAS Section 121 (b) of the Municipal Act, 2001, S.O. 2001 c.25 provides that the
Council may prohibit the activities described in Section 121 (a), above, unless a permit is
obtained from the municipality for those activities and may impose conditions for obtaining,
continuing to hold and renewing the permit, including requiring the submission of plans;
AND WHEREAS Council for the Corporation of the Town of Erin deems it necessary for the
safety and wellbeing of the community to prohibit and regulate the setting off of fireworks and for
requiring permits within the Corporation of the Town of Erin.
NOW THEREFORE, The Council of the Corporation of the Town of Erin enacts as follows:
1. Definitions:
a. Act means the Explosives Act, Revised Statutes of Canada, 1985, Chapter E-17
and the Regulations enacted thereunder as amended from time to time or any
Act and Regulations enacted in substitution therefore.
b. Gonsumer Fireworks (class 7.2.1|F.1 as classified in the Authorization
Guidelines for Consumer and Display Fireworks in accordance with Part 3 of
Explosives Regulations,2013, SOR/2013-211), outdoor, low-hazard recreational
fireworks such as showers, fountains, golden rain, Roman candles, volcanoes,
sparklers and caps for toy guns.
c. Chief Fire Official means the Assistant to the Fire Marshalwho is the Municipal
Fire Chief or a member or members of the fire department appointed by the
Municipal Fire Chief under Article 1.1.1.2 of Division C of the Ontario Fire Code.
d. Designated Days means Victoria Day (dusk until 11:00 pm), Canada Day (dusk
until 11:00 pm), and New Year's Eve (dusk until 1:00 am of the following day).
e. Designated Period means Victoria Day, Canada Day and New Year's Eve and
the 7 calendar days immediately preceding Victoria Day, Canada Day, and New
Year's Eve.
f. Display Fireworks (class 7.2.21F.2 as classified in the Authorization Guidelines
for Consumer and Display fireworks in accordance with Part 3 of Explosives
Regulations,2013, SOR/2013-211), outdoor, high-hazard recreationalfireworks
such as display shells, bombshells, large wheels, barrages, bombardos,
waterfalls and mines.
g Firecracker means a pyrotechnic device that explodes when ignited and does
not produce any visible effect after the explosion, but does not include caps for
toy guns or Christmas crackers.
h. Fireworks as used in general terms within this by-law are considered to be either
Display or Consumer Fireworks.
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i. Fireworks Permit a permit authorizing the firing of fireworks from the Chief Fire
Official.
j. Flying Lanterns are also known as sky lanterns, Kongming lantern or Chinese
lantern. They are small hot air balloons made of paper, with an opening at the
bottom where a small fire is suspended. These lanterns are then released into
the air, generally on mass, for various types of events.
k. Private Fireworks display means an exhibition of consumer Fireworks or
display Fireworks on private property not open to the public.
l. Prohibited Fireworks include trick fireworks such as cigarette loads or plugs,
dancing crackers, exploding golf balls, 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 cracking balls, stink bombs and smoke bombs, tear gas pens and
launchers, party poppers and table bombs, table rockets and bottle sky rockets,
and fake firecrackers.
m. Public Fireworks Display means an exhibition of Consumer Fireworks or
Display Fireworks in an open air assembly or occupancy, to which the public is
invited, attends or is admitted, with or without a fee being charged.
n. Special Effects Pyrotechnics (typically class 7.2.5/F.3 as classified in the
Authorization Guidelines for Consumer and Display fireworks in accordance with
Part 3 of Explosives Regulations, 2013, SOR/201 3-211), Pyrotechnic special
effects are created through the firing of pyrotechnic, propellant and explosive
materials and devices are used by the entertainment industry for indoor and
outdoor performances. Examples are bullet effects, flash powders, smoke
compositions, gerbs, lances and saxons.
2. Sale of fireworks and Firecrackers
a. No person shall sell any Firecrackers.
b. No person shall sell any Prohibited Fireworks.
c. No person shall sell Consumer Fireworks except during the Desþnated Period.
d. No person shall, within the Town of Erin, display in any store window, any type of
Fireworks.
e. No person shall display for sale within the Town of Erin any type o'Í Fireworks in
and manner other than in such a place that the Fireworks are not exposed to the
rays of the sun or to excess heat from any other source.
f. Every person retailing Consumer Fireworks shall only display fireworks that
contain mock samples and that do not contain explosive compound.
g. No person shall, within the Town of Erin, sell or give to any person under the age
of 1B years any type of Consumer Fireworks or Display Fireworks.
h. No person shall sell Consumer Fireworks in a building unless the provisions of
the Ontario Fire Code and all other applicable Acts and Regulations are complied
with.
i. No person shall display for sale with the Town of Erin any Consumer Fireworks in
lots that exceed 22.8 kilograms gross weight (50 pounds gross weight)
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j
No person shall display for sale within the Town of Erin any Consumer Fireworks
in any manner other than in a package, glass case or other suitable receptacle,
away from any other flammable goods.
k. No person retailing Consumer Fireworks shall store consumer fireworks less than
8 metres away from: fuel dispensers at a fuel dispensing station, retail propane-
dispensing tanks and cylinders; above-ground storage tanks for flammable
substances; or dispensing facilities for compressed natural gas.
l. No person retailing Consumer Fireworks from a temporary sales establishment
shall store Consumer Fireworks less than 3 metres away from any vehicle
parking area.
m. Every person retailing Consumer Fireworks from a temporary sales
establishment shall ensure that the fireworks are attended at all times.
A "No Smoking" sign shall be posted in the display arca.
n. No person shall sell Special Effect Pyrotechnics or Dìsplay Fireworks unless the
person holds a licence to do so under the Acf.
3. Storage of Consumer Fireworks
a. For Consumer Fireworks that remain unsold at the expiration of the Designated
Period, vendors shall immediately store said fireworks in a cool, dry place,
remote from flammable material and inaccessible to the public.
4. Discharge oî Firecrackers and Prohibited Fireworks
a. No person shall discharge any Firecrackers, except with the appropriate federal
approvals and for the purpose of cultural celebrations.
b. No person shall discharge any Prohibited Fireworks
c. No person shall discharge any type of fireworks with or without a permit on town
owned lands, including public streets and roadways, at any time unless they
have specific written permission from the Town of Erin.
d. No person shall discharge, launch, or use any Flying Lanterns.
5. Requirements for the discharge of Fireworks
a. Consumer Fireworks being fired for a Private Fireworks Display may be fired on
Designated Days without a fireworks permit.
b. Consumer Fireworks being fired on any other day not defined as Designated
Days shall not be fired without a fireworks permit.
c. Consumer Fireworks being fired for a Public Fireworks Display shall not be fired
without a fireworks permit.
d. Disptay Fireworks being fired for a Public Fireworks Display shall not be fired
without a fireworks permit in accordance with the Acf and this By-Law.
e. Disptay Fireworks being fired for a Private Fireworks Display shall not be fired
without a fireworks permit in accordance with the Acf and this By-Law.
f . Speciat Effects Pyrotechnics shall not be fired withoul a fireworks permit in
accordance with the Act and this By-Law.
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6. Fireworks Permit
the fireworks permit shall be as set out in Schedule A to this by-law.
A valid fireworks permit is signed and issued by the Chief Fire Officialonce all of
the following requirements are met:
i. Where the individual or company responsible for the firing of the
Firewofus is not the land owner, written permission to conduct the
Fireworks or Specra/ Effects Pyrotechnics display shall be obtained and
submitted to the Chief Fire Official;
i¡. A site plan is provided showing the adequate clearances for the type of
fireworks being fired as per the Acf:
1. Clearances include the safety zones for those watching the
Fireworks;
2. Clearances include the safety distances from combustibles; and
3. Clearances factor the wind speed and direction.
iii. A safety plan is provided showing how incipient fires will be dealt with and
any first aid measures that may be required;
iv. A listing of the Fireworks being fired is provided;
v. A copy of the certification for the Display Assistant, Display supervisor,
and/or Display Supervisor with Endorsements as defined by the Acf;
vi. A copy of the current First Aid certificates for those involved in the firing
and for those required to provide first aid measures within the safety plan.
vii. lnsurance certificate naming the Town of Erin as additional insured in the
amount pertaining to the Town lnsurance Policy.
viii. The fireworks permit is on hand for inspection should the Chief Fire
Officialor an Officer from Natural Resources Canada, or the OPP request
to see it.
ix. Any other thing required by the Acf.
Fireworks shall only be fired in accordance with the fireworks permit and this by-
law.
Ïhe fireworks permit may be suspended or revoked by the Chief Fire Officiat if , in
the opinion of the Chief Fire Official, the conditions of the fireworks permit and/or
plans are not being met or it would be unsafe to allow lhe Private Fireworks
Display or the Public Fireworks Display.
Notwithstanding the forgoing sections, the chief Fire officiatmay require any
additional information of the applicant to ensure the public's safety and may
impose additional conditions on the issuance of a fireworks permit as deemed
advisable in the particular circumstances of the application.
Afireworks permit shall not be issued if, in the opinion of the Chief Fire Officiat,
the above requirements have not been met.
Firewofus permit fees shall be in accordance with the Town of Erin Fee By-Law
as amended from time to time.
7. Exemptions
a. ln respect of the Designated Days, a grace period will be provided due to
weather related delays for a total of seven (7) days.
a
b
c
d
e
f
g
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b. ln accordance with clause 4.(a), and in consideration of the lnsurance Certificate
requirements listed in clause 5 (a) (vii) of this By-Law, an insurance certificate is
not required.
8. lnsurance
a. ln accordance with 5 (a) (vii) of this By-Law, those obtaining a permit will provide
an insurance certificate naming the Town of Erin as additional insured in an
amount not less than $5,000,000.00 as per the Town's lnsurance Policy.
9. lndemnification
a. The Town assumes no liability for property damage or personal injury resulting
from any persons selling or setting off fireworks and/or Special Effects
Pyrotechnics whether with or without a permit.
10. Severability
Should any section, subsection, clause, paragraph of provision of this By-Law be
declared by a Court of competent jurisdiction to be invalid or illegal for any other
reason, such offending section or part shall be deemed to have been severed
from this By-Law and the remaining sections or parts shall continue in full force
and effect and shall remain valid and binding.
11. Offences and Penalties
a. Every person who contravenes any of the provisions of this by-law is guilty of an
offence and upon conviction is liable to a fine of not more than $5,000.00 as
provided for in the Provincial Offences Act R.S.O. 1990, chapter P33, as
amended.
12.THAT this By-Law shall take effect on the date of passing.
Passed in open Council on December 17,2019.
Mayor, Allan Alls
Clerk, Lisa
pIOn
a