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THE CORPORATION OF THE TOWN OF LASALLE
BY-LAW NO. 8013
A BY-LAW TO REGULATE THE SALE AND DISCHARGE OF
FIREWORKS WITHIN THE TOWN OF LASALLE
WHEREAS it is deemed expedient to regulate the sale and setting off of Fireworks in the Town
of LaSalle;
AND WHEREAS s.120 of the Municipal Act, 2001, S.O. 2001, c.25 as amended provides that
a local municipality may;
(a) prohibit and regulate the manufacture of explosives in the municipality;
(b) prohibit and regulate the storage of explosives and dangerous substances in the
municipality;
(c) regulate the keeping and transportation of explosives and dangerous substances in
the municipality; and
(d) may prohibit the manufacture or storage of explosives unless a Permit is obtained,
and may impose conditions of obtaining or continuing to hold and renewing the Permit,
including requiring the submission of plans;
AND WHEREAS s. 121 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
provides that a local municipality may prohibit and regulate the sale of Fireworks
and the setting off of Fireworks, and further that a By-law may prohibit those activities
unless a Permit is obtained for those activities and may impose conditions for obtaining,
continuing to hold and renewing the Permit, including requiring the submission of plans;
AND WHEREAS section 7.1(1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.
4, as amended provides that a council of a municipality may pass By-laws regulating fire
prevention, including the prevention of spreading fires;
THEREFORE the Council of the Corporation of the Town of LaSalle enacts as follows:
DEFINITIONS
1.1 In this By-law:
"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;
"Authorized Persons" means, as the context requires, a) in the case of Display
Fireworks those persons working under the direct supervision of the Fireworks
Supervisor, who have been as a minimum, certified as an apprentice as required
by the Explosives Regulatory Division of Natural Resources Canada, and b) in
the case of Pyrotechnic Special Effects Fireworks, those persons working under
the direct supervision of the Pyrotechnician, who have been as a minimum,
certified as a theatrical user as required by the Explosives Regulatory Division of
Natural Resources Canada;
"Chief Fire Official" means the Chief of the LaSalle Fire Service, or persons duly
appointed by the Fire Chief as Chief Fire Officials;
"Consumer Firework" means an outdoor, low hazard, Recreational Firework that is
classed as a type F.1 Firework under the Act, which includes Fireworks showers,
fountains, golden rain, lawn lights, pin wheels, Roman candles, volcanoes, and
sparklers but does not include Christmas crackers and caps for toy guns
containing not in excess of twenty-five one-hundredths of a grain of explosive
used per cap;
"Corporation" means The Corporation of the Town of LaSalle;
"Discharge" means to fire, ignite, explode, or set off or cause to be fired, ignited,
exploded or setoff and the words" Discharged" and "Discharging" have a similar
meaning;
"Display Firework" means an outdoor, high hazard, Recreational Firework that is
classed as a type F.2 Firework under the Act, which includes rockets, serpents,
shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos,
waterfalls, fountains, batteries, illumination, set pieces and pigeons but does not
include Firecrackers;
"Firecracker" means a pyrotechnic device that explodes when ignited and does not
make any subsequent display or visible effect after the explosion, and includes
those devices commonly known as Chinese Firecrackers;
"Fireworks" means Display Fireworks, Special Effect Pyrotechnic Fireworks, and
Consumer Fireworks;
"Fireworks Discharge Permit" means a Permit issued by the Chief Fire Official pursuant
to this By-law to allow the Discharge of Display Fireworks or Special Effect
Pyrotechnic Fireworks;
"Fireworks Sales Permit" means a Permit issued by the Chief Fire Official pursuant to
this By-law to sell Consumer Fireworks from a Temporary Sales Unit;
"Fireworks Display Supervisor" means a person who is an approved purchaser of
Display Fireworks and who is qualified under the Act to supervise the Discharge
of Display Fireworks;
"FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, as amended,
and the Regulations enacted thereunder as amended from time to time or any
Act or Regulations enacted in substitution therefore;
"Permanent Sales Location" means a building or structure with a permanent
foundation, on a commercially zoned property that Permits retail sales;
"Permit" means a Permit issued under this By-law by the Chief Fire Official;
"Prohibited Firework" includes but is not limited to sky lanterns (Chinese, Kongming or
Wish lantern), cigarette loads or pings/ plugs, exploding matches, sparkling
matches, ammunition for miniature tie clip, cufflink or key chain pistols, auto
alarms or jokers, firecrackers, cherry bombs, M-80 and silver salutes and flash
crackers, throw down torpedoes and crackling balls, exploding golf balls, stink
bombs and smoke bombs, tear gas pens and launchers, party poppers and table
bombs, table rockets and battle sky rockets, fake Firecrackers and other trick
devices or practical jokes, and any other devices designated as prohibited under
the Act;
"Pyrotechnician" means a person who is certified under the Act as a Theatrical User,
an Assistant, a Pyrotechnician or a Special Effects Pyrotechnician and is
qualified to purchase and supervise the Display of Pyrotechnic Special Effect
Fireworks under the Act;
"Sell" includes offer for sale, cause or Permit to be sold and to possess for the purpose
of sale and the words "selling" and "sold" have a similar meaning;
"Sky Lantern" (also known as a Chinese, Kongming or Wish lantern) are devices that
are constructed of paper and a frame containing a fuel pack. The fuel pack is
usually a petroleum or wax based fuel that when lit causes the lantern to lift into
the sky;
" Special Effect Pyrotechnic Firework" means a high hazard Firework that is classed as
a type F.3 Firework under the Act and that is used to produce a Special
Pyrotechnic Effect for indoor or outdoor performances and includes black powder
bombs, bullet effect, flash, powder, air bursts, smoke compositions, gerbs, lances
and wheels;
"Temporary Sales Unit" means a portable stand, cart, display rack, cargo container,
trailer or other display unit that can be moved from one location to another and is
used for the sale of Consumer Fireworks. No Temporary Sales Unit may remain
in the same location for more than nine (9) days. A Temporary Sales Unit does
not include a motor vehicle as defined in the Highway Traffic Act;
"Town of LaSalle" means the area of land contained within the geographical
boundaries of the Town of LaSalle.
SALE OF CONSUMER FIREWORKS AND FIRECRACKERS
PROHIBITED ACTIVITIES
2.1 No person shall:
(a)
Sell or give away any Firecrackers in the Town of LaSalle;
(b)
possess, Sell, store or supply any Prohibited Fireworks;
(c)
sell Consumer Fireworks except on the following days:
(i)
Victoria Day, Canada Day, the Fourth of July, Civic Holiday, Labour Day,
New Year's Eve; and
(ii)
each of the ten days immediately preceding Victoria Day, Canada Day,
the Fourth of July, Civic Holiday, Labour Day and New Year's Eve;
(d)
within the Town of LaSalle, sell or give any person under the age of 18 years any
type of Consumer Fireworks;
(e)
sell any Consumer Fireworks from a Temporary Sales Unit without making
application at least 30 days in advance of the proposed sales period, and
subsequently obtaining a Fireworks Sales issued by the Chief Fire Official
specifically Permitting the sale of Fireworks from the location authorized on such
Permit, and in compliance with conditions prescribed in the said Permit;
(f)
display for sale within the Town of LaSalle any Consumer Fireworks in any manner
other than in a consumer package, glass case, or other suitable receptacle, away
from any other flammable goods and in accordance with the Act;
(g)
Sell or store Consumer Fireworks from a motor vehicle;
(h)
Sell Fireworks from a dwelling, or any other building unless the provisions of the
Ontario Fire Code, and all other applicable Acts and Regulations are complied
with.
FIREWORKS SALES PERMITS
3.1
An application in writing for a Fireworks Sale Permit to sell Consumer Fireworks
from a Temporary Sales Unit shall be made to the office of the Chief Fire Official.
Every application shall be accompanied by:
a) A description of the Consumer Fireworks to be sold;
b) Proof of commercial general liability insurance in an amount not less than
$5,000,000, naming the Town of LaSalle as an additional insured and
containing a cross liability clause;
c) An indemnification and hold harmless undertaking in favour of the Town
and signed by the applicant or by an individual having the authority to
bind the applicant;
d) a site plan showing the proposed location of the Temporary Sales Unit;
and
e) such other information as the Chief Fire Official may require.
3.2 Applications for Fireworks Sales Permit shall be made no less than thirty (30) days in
advance of the proposed sales period.
3.3 Separate Fireworks Sale Permits must be made for each proposed Temporary Sales
Unit.
3.4 Receipt of the application for a Fireworks Sales Permit by the Town shall not
represent approval of the application for the issuance of a Fireworks Sales Permit
nor shall it obligate the Town to issue a Fireworks Sales Permit.
3.5 No person shall transfer or assign his or her Fireworks Sales Permit to any other
person.
TEMPORARY SALES UNITS
4.1
A person holding a Fireworks Sales Permit shall:
(a) ensure that a minimum of 2 signs are posted in prominent locations on the
outside of the Temporary Sales Unit indicating that persons shall not smoke
or ignite any flammable material, or have in their possession any lighted
match, lighter, pipe, cigar, cigarette, open flame or spark emitting device
within eight (8) meters of the Temporary Sales Unit;
(b) ensure that, with the exception of its entrance and exits, a "No Encroachment
Zone" of at least eight (8) metres is established around its perimeter by
means of a barrier, such as snow fence, pylons, or other material satisfactory
to the Chief Fire Official to exclude the public from this area;
(c) ensure that a fire extinguisher with a minimum rating of 3A 10BC is visible
and readily available at all times;
(d) ensure that at least 2 operational doors are available to provide means of
access and egress from the Temporary Sales Unit;
(e) ensure that no more than 15 customers are in the Temporary Sales Unit at
the same time;
(f) ensure that no Consumer Fireworks are exposed to direct sunlight;
(g) except for consumer packages, ensure that any Fireworks handled by the
customer be mock samples only and not contain explosive composition;
(h) ensure that the Fireworks Sales Permit is posted in a conspicuous location on
the Temporary Sales Unit at all times during the term of the Fireworks Sales
Permit;
(i) Permit the inspection by the Chief Fire Official of the Consumer Fireworks
and any site where the Consumer Fireworks may be stored, displayed or
Discharged together with all associated equipment and documentation
pertaining to the storage, display or Discharge of Consumer Fireworks;
(j) locate a Temporary Sales Unit:
(i) a minimum of One hundred (100) meters from:
1. any public park;
2. any land occupied by a hospital, nursing home, home for the
aged, residential care facility, church or school; or
3. any land where explosives, gasoline or other flammable
substances are manufactured or stored in bulk above ground,
including a gas station;
(ii)
a minimum of eight (8) meters from any occupied parking space,
combustible or flammable material or ignition source;
(iii)
a minimum of fifteen (15) meters from any roadway;
(iv)
a minimum of thirty (30) meters from any occupied building or
residence; and
(v)
in a location that is not restricted to Residential zoning.
PERMANENT SALES LOCATIONS
4.2
A Fireworks Sales Permit is not required to sell Fireworks from a Permanent
Sales Location.
4.3
Notwithstanding Subsection 4.2, no person shall fail to comply with the Act when
selling, storing or displaying Fireworks from a Permanent Sales Location.
SALE OF DISPLAY FIREWORKS AND SPECIAL EFFECT PYROTECHNIC
FIREWORKS
5.1
The sale and use of Display Fireworks and Special Effect Pyrotechnic Fireworks
are specifically regulated under the Act and its Regulations. The sale, storage, or
possession of Display Fireworks and/or Special Effect Pyrotechnic Fireworks is
prohibited in the Town of LaSalle, unless in strict compliance with all licensing
and regulatory provisions of the Act and its current Regulations.
DISCHARGE OF CONSUMER FIREWORKS
6.1
No Fireworks Discharge Permit is required to Discharge Consumer Fireworks on
the following days:
Victoria Day, Canada Day, Fourth of July, Civic Holiday, Labour Day and New
Year's Eve and the recognized holiday weekend immediately preceding Victoria
Day, Canada Day, Fourth of July, Civic Holiday and Labour Day.
6.2
The Chief Fire Official may issue a permit for the Discharge of Consumer
Fireworks for special occasions, upon approval of an appropriate application
and supporting documents.
6.3
A person eighteen (18) years of age or older may hold a display of Consumer
Fireworks on any land belonging to him or her or on any other privately owned
land where the legal owner thereof has given written permission for such display
or Discharge of Consumer Fireworks.
PROHIBITED ACTIVITIES
7.1
No person shall:
a) possess or Discharge Fireworks except in accordance with this By-law;
b) Discharge any Prohibited Fireworks;
c) Discharge any Firecrackers;
d) Discharge Fireworks except between dusk and 11 p.m. on the holidays
known as Victoria Day, Canada Day, Fourth of July, Civic Holiday, Labour
Day and New Year's Eve, and on any recognized holiday weekend
immediately preceding Victoria Day, Canada Day, Fourth of July, Civic
Holiday, Labour Day;
e) Discharge Fireworks on any public property or property not legally owned by
him or her without obtaining the written authorization of the legal owner;
f) fail to follow the manufacturer's requirements for the Discharge of Fireworks;
g) fail to permit the inspection by the Chief Fire Official of the Fireworks and any
site where the Fireworks may be Discharged together with all associated
equipment and documentation pertaining to the Discharge of Fireworks;
h) being under the age of 18 years, possess or Discharge Fireworks;
i) permit any person under the age of 18 years to Discharge Fireworks;
j) Discharge any Consumer Fireworks in such a manner as might create danger
or constitute a nuisance to any person or property, or to do or cause or allow
any unsafe act or omission at the time and place for the discharging of any
Fireworks;
k) fail to provide and maintain ready for immediate use operational portable fire
extinguishing equipment with a minimum rating of 3A 10BC, or an alternate
effective means of fire extinguishment, and this equipment is to be present at
all times and for a reasonable period thereafter at the site of the Discharge of
Consumer Fireworks (including having the knowledge of the operational
procedures associated with the said portable extinguishing equipment);
l) Discharge any Consumer Fireworks including sparklers or volcanoes inside a
restaurant or other public assembly building;
m) Discharge any Consumer Fireworks in or into any building, doorway, or
automobile;
n) Discharge any Consumer Fireworks in or on or into any highway, street, alley,
lane, or other public place, unless permitted under a Display Fireworks Permit
to do so, issued by the Chief Fire Official under the provisions of subsection
8.2; or
o) Discharge Consumer Fireworks within 300 meters of any premises or place
where explosives, gasoline or other flammable substances are manufactured
or stored in bulk.
DISCHARGE OF DISPLAY FIREWORKS
8.1
No person shall discharge Display Fireworks without a permit.
8.2
An application in writing for a Fireworks Discharge Permit to Discharge Display
Fireworks shall be made at the office of the Chief Fire Official.
8.3
Every application for a Permit shall be made to the Chief Fire Official a minimum
of 30 days prior to the event when the proposed Discharge of Display Fireworks
is to occur.
8.4
Discharge of Display Fireworks is prohibited on any Town of LaSalle property
without first having obtained the approval of the Council of the Corporation, in
addition to the issuance of a valid Fireworks Discharge Permit pursuant to the
provisions of this By-law.
8.5
Every application for a Permit shall include:
(a)
a description of the event including:
(i)
the date and time of the proposed Discharge of Display Fireworks;
(ii)
the type and kind of Display Fireworks that may be Discharged;
including the height, range of effect, fallout and duration of the
Display Fireworks;
(iii)
the Discharge techniques to be used;
(iv)
the manner and means of restraining unauthorized persons from
attending too near the Discharge site;
(v)
the manner in which unused Display Fireworks are to be disposed
of; and
(vi)
the number of Authorized Persons on site during the event to,
handle and Discharge the Display Fireworks;
(vii)
the method and location of storage of the Display Fireworks prior
to set up and display.
(b)
a site plan providing a description of the Discharge site to be used for the
discharging of the Display Fireworks;
(c)
a description of the fire emergency procedures;
(d)
the name and address of the applicant and the sponsoring organization, if
applicable;
(e)
proof of certification of the applicant as a Fireworks Display Supervisor,
(Fireworks operator certificate) to the appropriate designation
(f)
proof in writing of the consent of the owner of the property to the
Discharge of Display Fireworks;
(g)
a non-refundable processing fee;
(h)
proof of insurance and indemnification in accordance with Sections 9 and
10; and
(j)
such other information as required by the Chief Fire Official.
INSURANCE
9.1
The applicant for a Permit to Discharge Display Fireworks or Special Effects
Pyrotechnic Fireworks shall provide and maintain Commercial General Liability
insurance subject to limits of not less than Five Million Dollars ($5,000,000.00)
inclusive per occurrence for bodily injury, death and damage to property including
loss of use thereof. Such insurance shall be in the name of the applicant and
shall name the Corporation as an additional insured thereunder. Such insurance
shall include permission to conduct displays of Pyrotechnic Special Effects
Fireworks or Display Fireworks. Such insurance policy shall contain an
endorsement to provide the Corporation with (30) days prior written notice of
cancellation or of a material change that would diminish coverage, and a
Certificate of Insurance evidencing such insurance coverage shall be provided to
the Corporation prior to the issuance of a Permit.
INDEMNIFICATION
10.1 The applicant for a Permit to Discharge Display Fireworks or Special Effects
Pyrotechnic Fireworks shall indemnify and save harmless the Town of LaSalle
from any and all claims, demands, causes of action, loss costs or damages that
the Town of LaSalle may suffer, incur or be liable for resulting from the
performance of the applicant as set out in the By-law whether with or without
negligence on the part of the applicant, the applicant's employees, directors,
contractors and agents.
CONDITIONS APPLYING TO PERMIT
11.1
The Chief Fire Official may issue Permits for displays of Fireworks on the
conditions set forth in this By-law, and each such Permit shall state the name of
the sponsoring club, association or group, the purpose of the display, the place
and date at which the same may be held, and the name of the person under
whose supervision the display shall be held.
11.2
The following conditions shall apply to a display of Display Fireworks under a
Permit issued under this By-law:
(a) the Permit is valid only for the display at the place and on the date or
dates set forth in the Permit,
(b) the display is not being held within:
(i) One hundred (100) meters from any highway or entrance to a public
park;
(ii) three hundred (300) meters of a nursing home, public hospital,
home for the aged, any premises or place where explosives,
gasoline, or other highly flammable substances are manufactured,
sold or stored;
(iii) three hundred (300) meters of a church or a public or separate
secondary school or other school unless the consent of the owner
or an agent or representative of the owner of such church or school
is obtained;
(iv) five hundred (500) meters of another approved Display Fireworks
display location.
(c)
the Permit holder shall supervise the display of Display Fireworks;
(d) the Permit holder, being a Fireworks Display Supervisor, or his licensed
designate shall Discharge the Display Fireworks, and any Consumer
Fireworks identified, and the Fireworks Display Supervisor shall be
present on site at all times during which the display is being set up,
Discharged and cleaned up;
(e) every Permit holder shall provide and maintain fully operational fire
extinguishing equipment with a total minimum rating of 9A 30BC and said
equipment shall be ready for immediate use at each firing site;
(f)
the Permit holder shall comply at all times with the provisions of the Act,
the FPPA, and the Display Fireworks Manual published by Natural
Resources Canada or any successor publication;
(g)
a demonstration of the display or portions of the display shall be
conducted upon request of the Chief Fire Official;
(h)
the Permit holder shall recognize the Chief Fire Official's authority to
reduce, alter, and/or cancel the display if the weather conditions are not
conducive to public safety.
11.3 No person holding a permit shall Discharge Display Fireworks except in
accordance with the conditions of the Permit.
11.4
Receipt of the application and/or the Fireworks Discharge Permit fee shall not
represent approval of the application for the issuance of a Fireworks Discharge
Permit nor shall it obligate the Town to issue a Fireworks Discharge Permit.
11.5
No person shall transfer or assign his or her Fireworks Discharge Permit to any
other person.
11.6
In the event that a person attempts to transfer or transfers his or her Fireworks
Discharge Permit, the Fireworks Discharge Permit is void and there shall be no
return of any fee paid.
11.7
The Permit holder of the Display Fireworks Permit shall ensure that all unused
Fireworks and all debris are removed within 12 hours of the completion of the
display event.
DISCHARGE OF SPECIAL EFFECT PYROTECHNIC FIREWORKS
12.1 No person shall possess or Discharge any Pyrotechnic Special Effect Fireworks
in the Town of LaSalle.
12.2 Notwithstanding subsection 12.1, the Chief Fire Official may, in their sole
discretion, grant a Fireworks Discharge Permit for Pyrotechnic Special Effect
Fireworks on a case-by-case basis with conditions attached.
12.3 No Permit holder shall Discharge Pyrotechnic Special Effect Fireworks except in
accordance with the conditions of the Permit.
GENERAL REQUIREMENTS
13.1 Every holder of a Fireworks Sales Permit, or a Fireworks Discharge Permit shall
produce his or her Permit upon the request of the Chief Fire Official.
13.2 Any Permits granted by the Chief Fire Official may be revoked whenever, in the
Chief Fire Official's sole discretion, the holder of such Permit is determined to be in
non-compliance with its conditions or requirements, or the Chief Fire Official has
concerns for the safety of the public.
13.3 Where a Fireworks Sales Permit is revoked, the applicant may apply for a new
Fireworks Sales Permit subject to the provisions of Section 3 for the next proposed
sales period.
13.4 Where any Permit is revoked, the applicant is not entitled to a return of any fee
paid to obtain the said Permit.
OFFENCES AND PENALTIES
14.1 Every person who contravenes any of the provisions of this By-law is guilty of an
offence.
14.2 Every person who is convicted of an offence under this By-law is liable, upon
conviction to a fine as provided for in the Provincial Offenses Act, R.S.O. 1990, c.
P33.
14.3 If any section, subsection or part thereof be declared illegal or ultra vires, such
section, subsection or part shall be deemed to be severable and all other parts to
be separate and independent.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
LASALLE HEREBY ENACTS AS FOLLOWS:
1. By-Law number 2854 is hereby repealed.
2. All Schedules referred to in this By-law are deemed to be part of the By-law.
3. The short title of this By-law shall be the "Fireworks By-law".
4. This By-law shall come into force and take effect on the day of the final passing
thereof.
Read a first and second time, and FINALLY passed this 9th day of May, 2017.
1st Reading - May 9, 2017
_____________________________
Mayor - K. Antaya
2nd Reading - May 9, 2017
_____________________________
3rd Reading - May 9, 2017
Clerk - B. Andreatta