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CITY OF ST. CATHARINES
BY-LAW NO. ~dJ:)- \7 \
A By-law to regulate the sale and setting off of fireworks and pyrotechnic special effects
within the City of St. Catharines.
WHEREAS Section 120 of the Municipal Act, S.O. 2001, c.25, as amended, authorizes a
municipality to pass by-laws to prohibit and regulate the storage, keeping and
transportation of explosives and other dangerous substances, including requirements that
a permit be obtained from the municipality for the storage of explosives and imposing
conditions on such permits;
AND WHEREAS Section 121 of the Municipal Act, S.O. 2001, c.25, as amended,
authorizes a municipality to pass by-laws to prohibit and regulate the sale of fireworks
and the setting off of fireworks, including requirements that a permit be obtained from the
municipality for the sale or setting off of such fireworks and imposing conditions on such
permits;
AND WHEREAS Section 446 of the Municipal Act, S.O. 2001, c.25, as amended,
provides that where a municipality has the authority by By-law to direct or require that a
matter or thing be done, the municipality may in the same or another By-law direct that,
in default of it being done by the person directed or required to do so, such matter or thing
shall be done at the person's expense and the municipality may recover the costs by
action or by adding the costs to the tax roll and collecting them in the same manner as
taxes;
AND WHEREAS Section 7.1 of the Fire Protection and Prevention Act, S.O. 1997, c4, as
amended, provides that the council of a municipality may pass by-laws regulating fire
prevention, including the spreading of fires;
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AND WHEREAS the Council of the City of St. Catharines deems it expedient and
necessary for the safety and well-being of the community to regulate the sale and use of
fireworks and pyrotechnic special effects within the City of St. Catharines;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF ST.
CATHARINES enacts as follows:
PARTI
DEFINITIONS
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 therefor;
"City" or "City of St. Catharines" means the municipal corporation of the City of St.
Catharines or the geographic area of the City of St. Catharines as the context requires;
"Commercial Cube Van" means a commercially licensed vehicle that is a van with a
cube-shaped storage compartment that is wider and taller than the front of the vehicle
and not exceed 16ft in length;
"Consumer Firework" means an outdoor, low hazard, recreational firework that is
classed as a Class 7, Division 2, Subdivision 1 Firework under the Act and 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;
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"Consumer Fireworks Sales Permit" means a permit issued in accordance with this
By-law by the Fire Chief for the sale of Consumer Fireworks;
"Discharge" means to fire, ignite, explode or set off or cause to be fired, ignited, exploded
or set off and the words "discharged" and "discharging" have a similar meaning;
"Display Firework" means an outdoor, high hazard, recreational firework that is classed
as a Class 7, Division 2, Subdivision 2 Firework under the Act, and includes rockets,
serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos,
waterfalls, fountains, batteries, illumination, set pieces and pigeons but does not include
Firecrackers;
"Display Fireworks Permit" means a permit issued in accordance with this By-law by
the Fire Chief for the display of Display 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;
"Enforcement Officer" means the Fire Chief, Deputy Fire Chiefs, Chief Fire & Risk
Officer, every member of the St. Catharines Fire Services designated as an Assistant to
the Fire Marshal, every By-law Enforcement Officer for the City of St. Catharines, and
every police constable with the Niagara Regional Police;
"FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended,
and the Regulations enacted thereunder as amended from time to time or any Act and
Regulations enacted in substitution therefor;
"Fire Chief' means the Chief of Fire Services of the City or authorized delegates;
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"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, but does not include paper caps containing
not more than twenty-five one-hundredths of a grain of explosive on average per cap, or
devices for use with such caps, safety flares, marine rockets, and other distress signals;
"Fireworks" means Display Fireworks, Pyrotechnic Special Effects Fireworks and
Consumer Fireworks;
"Fireworks Display Supervisor Certification" authorizes a person to purchase and set
off Display Fireworks.
"Prohibited Firework" includes but is not limited to cigarette loads or pings, 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 crackling balls, exploding golf balls, stink bombs and smoke bombs,
tear gas pens and launchers, party peppers and table bombs, table rockets and battle
sky rockets, fake firecrackers and other trick devices or practical jokes as included on the
most recent list of Prohibited Fireworks as published from time to time under the Act;
"Public Fireworks Display" means an exhibition of Fireworks in an outdoor assembly or
open air occupancy to which the public is invited, attends, may attend, or is admitted with
or without a fee being charged;
"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;
"Pyrotechnic Special Effect Firework" means a high hazard firework that is classed as
a Class 7, Division A, Subdivision 5 Firework under the Act and that is used to produce a
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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;
"Pyrotechnic Special Effect Fireworks Permit" means a permit issued in accordance
with this By-law by the Fire Chief for the display of Pyrotechnic Special Effect Fireworks;
"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" means (also referred to as 'Kongming' or 'Chinese Lantern') a small hot
air balloon made of paper with an opening at the bottom where a small fire supported by
a flammable gel is in place to assist in keeping the lantern aloft, or similar contraption.
"Supply" means to furnish or provide with or without monetary or other form of exchange.
"Tent" means a portable shelter made of cloth, supported by one or more poles, which
can be stretched tight by cords or loops attached to pegs driven into the ground, or other
measures sufficient to secure them;
PART II
SALE AND DISCHARGE OF FIRECRACKERS
2.
(1)
No person shall Sell or Supply any Firecrackers.
(2)
No person shall Discharge any Firecrackers.
PART Ill
SALE AND DISCHARGE OF PROHIBITED FIREWORKS
3.
(1)
No person shall Sell or Supply any Prohibited Fireworks.
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(2)
No person shall Discharge any Prohibited Fireworks.
PART IV
SALE OF CONSUMER FIREWORKS
4.
(1)
No person shall Sell Consumer Fireworks unless a Consumer Fireworks
Sales Permit has first been obtained from the Fire Chief in accordance with Part
IV of this By-law.
(2)
A member of St. Catharines Fire Services, Community Risk Reduction Unit,
shall be permitted to conduct a site inspection in relation to each permit application
received pursuant to Part IV of this By-law.
(3)
No person shall Sell or Supply Consumer Fireworks in a building unless the
provisions of the Ontario Fire Code and all other applicable Acts and Regulations
are complied with.
(4)
A person applying for a Consumer Fireworks Sales Permit shall be required
to submit the following:
(a)
A completed application, in the form provided by the Fire Chief;
(b)
Written consent of the owner of the property on which the sale of
Consumer Fireworks is proposed, unless the applicant is the owner
of the property;
(c)
The fee as prescribed by the schedule of rates and fees as approved
by Council for the City of St. Catharines from time to time;
(d)
A site plan for the sale location;
(e)
A description of fire emergency procedures; and
(f)
Such other information as required by the Fire Chief.
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(5)
A Consumer Fireworks Sales Permit shall not be issued where:
(a)
The permit application is incomplete;
(b)
The property on which the sale of Consumer Fireworks is proposed
is not zoned to permit a retail store;
(c)
There are reasonable grounds for belief that the sale of Consumer
Fireworks by the applicant will result in a breach of this By-law, the
FPPA or the Act; or
(d)
The information provided in support of the Consumer Fireworks
Sales Permit pursuant to Section 4(4) of this By-law is deemed
unacceptable by the Fire Chief in his or her sole discretion.
(6)
The Fire Chief may revoke a Consumer Fireworks Sales Permit where:
(a)
The person to whom the permit is issued fails to comply with all
provisions and conditions to which the permit is subject in
accordance with this By-law;
(b)
The application for the Consumer Fireworks Sales Permit contains
false or misleading information;
(c)
The building from which Consumer Fireworks are offered for sale is
in non-compliance with the provisions of the Ontario Fire Code or
any other applicable Act or Regulation.
(7)
No person shall Sell or Supply Consumer Fireworks unless they are
eighteen (18) years of age or older.
(8)
No person shall Sell or Supply Fireworks to a person under the age of
twenty-five (25) years without proof of age.
(9)
No person shall Sell or Supply Fireworks to a person who is not buying them
for their own personal use but for a person under eighteen (18) years of age.
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(10)
No person shall Sell or Supply Consumer Fireworks from an outdoor stand,
tent, unenclosed trailer, shipping container, motor vehicle, or residential dwelling.
(11)
No person shall Sell Consumer Fireworks unless they are included on the
most recent List of Authorized Explosives as published from time to time by the
Explosives Branch of the Department of Natural Resources (Canada) or its
successor.
(12)
No person shall Sell or Supply any version of a Sky Lantern.
(13)
No person shall store Consumer Fireworks except as permitted under the
Act.
(14)
No person shall exhibit Consumer Fireworks unless the Consumer
Fireworks are separated into individual lots that do not exceed 25 kilograms in
gross weight, and such separation between lots shall be sufficient to prevent fire
from spreading rapidly from one lot to the next by:
(a)
Maintaining a minimum aisle width of 1.1 metres between lots;
(b)
Maintaining a partition, constructed of 6-millimetre plywood or other
suitable material, that extends a minimum of 15 centimetres above
the height of the lot or to the display shelf above; or
(c)
Maintaining sufficient separation between lots by such other suitable
method or means; and
(d)
Ensuring that no more than ten percent ( 10%) of the area of any
display shelf on which Consumer Fireworks are exhibited contain
holes or other openings.
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(15)
No person shall exhibit Consumer Fireworks that are not in consumer
packs, unless the Consumer Fireworks are inaccessible to the public and are
displayed in a glass or Plexiglas case or other suitable receptacle.
(16)
No person shall exhibit Consumer Fireworks that are exposed, or may be
exposed, to the rays of the sun or to excess heat, or that are within close proximity
to flammable goods.
(17)
No person shall exhibit Consumer Fireworks on a display board or in a shop
window unless the display consists of mock samples only and does not contain
any explosive composition.
(18)
No person who Sells Consumer Fireworks shall, at any time, keep or permit
the keeping of Consumer Fireworks unless the location or shop is designated as
a no smoking area, has been posted with "No Smoking" signs, and is equipped
with the appropriate number and class of fire extinguishers as may be required by
the Fire Chief.
(19)
No person who Sells Consumer Fireworks shall exhibit Consumer
Fireworks to the public at any time unless the location or shop is attended by the
vendor or an employee thereof.
(20)
No person shall exhibit Consumer Fireworks in an indoors shop or location,
or in a trailer unless there are a minimum of two (2) unobstructed, clearly identified
exits to ensure that employees and the public can quickly evacuate in the event of
a fire.
(21)
No person shall Sell or Supply Consumer Fireworks except on the following
days:
(a)
Victoria Day, Canada Day, Diwali and
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(b)
Each of the seven (7) days immediately preceding Victoria Day
Canada Day, and Diwali.
(22)
No person shall advertise the sale of Consumer Fireworks except on
Victoria Day, Canada Day and Diwali and the preceding twenty one (21) days in
each case.
(23)
No person who has obtained a Consumer Fireworks Sales Permit from the
Fire Chief as required by Part IV of this By-law shall be required to obtain a Hawker
and Peddler business license, with respect to the sale of Consumer Fireworks, as
required by the City's Business License By-law 2005-318, as amended, or any
replacement by-law.
(24) Notwithstanding the provisions of Section 4.(10) above, a person is permitted
to sell Consumer Fireworks from a Tent, using a Commercial Cube Van as
temporary storage, provided that, in addition to the requirements as set forth in
Sections 4.(1)-(20), and the conditions applying to a Consumer Fireworks Sales
Permit as set forth in Section 5 of this By-law, the following conditions are fulfilled
to the satisfaction of the Fire Chief:
(a)
All sales are carried out from a Tent that is certified as treated with a product
listed to CAN/ULC-S109, "Flame Tests of Flame-Resistant Fabrics and
Films" and supporting documentation of the product, certification,
manufacturers' instructions, and application is submitted with the
Application for a Consumer Fireworks Sales Permit;
(b)
Any Consumer Fireworks on display for sale at the Tent shall be displayed
in accordance with the requirements of the Act;
(c)
Only a Commercial Cube Van is permitted to be used as the on-site storage
location;
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(d)
The Commercial Cube Van shall be attended by a minimum of 1 staff person,
who is at least eighteen (18) years of age, at all times while the Commercial
Cube Van is being used as the on-site storage location;
(e)
The Commercial Cube Van shall be kept secure, including any interior access
(cab to cargo area), and only accessed by staff members of the permit holder;
(f)
All requirements for the storage of Consumer Fireworks, as detailed in the
Act, shall be complied with at all times;
(g)
The Commercial Cube Van shall be removed from the sale location
overnight or when the sales location is not in operation;
(h)
Proof of Commercial Vehicle Operator's Registration (CVOR), Vehicle
License Plate, and VIN number shall be submitted with the Application for
a Consumer Fireworks Sales Permit;
(i)
All Commercial Vehicle maintenance and operation records shall be
retained at the sale location and made available to an Enforcement Officer
upon the request;
U)
All requirements for the transportation of dangerous goods as outlined in
the Transportation of Dangerous Goods Act, 1992 (1992, c.34) as
amended, shall be complied with at all times, and any paperwork required
pursuant to the Transportation ofDangerous Goods Act shall be maintained
on site and made available upon request;
(k)
The travel route and times from the Magazine (location of storage) to the
sale location, whether within the City of St Catharines or located in another
municipality, shall be included in the site plan provided for the sale location;
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(I)
The Magazine location (including address & contact information) and the
Magazine Permit Number, or copy thereof, as issued by the Explosives
Regulatory Division, shall be submitted with the Application for a Consumer
Fireworks Sales Permit;
(m)
Proof of Commercial General Liability Insurance for the selling location,
subject to limits of not less than Two Million Dollars ($2,000,000.00) naming
The Corporation of the City of St Catharines as an additional insured shall
be submitted with the Application for a Consumer Fireworks Sales Permit;
(n)
A copy of all documentation as required by this Section 4.(8.1) shall be
retained at the sale location and made available to an Enforcement Officer
upon request.
(o)
The Magazine location (including address & contact information) and the
Magazine Permit Number, or copy thereof, as issued by the Explosives
Regulatory Division, shall be submitted with the Application for a Consumer
Fireworks Sales Permit;
PARTV
CONDITIONS APPL YING TO CONSUMER FIREWORKS SALES PERMIT
5.
(1)
The Fire Chief may issue permits for the sale of Consumer Fireworks on the
conditions set forth in Part V of this By-law.
(2)
The following conditions shall apply to all Consumer Fireworks Sales
Permits:
(a)
The permit is valid only for calendar year in which it is issued;
(b)
The permit is valid only for the sale location specified in the permit;
(c)
Every permit holder shall provide and maintain fully operational fire
extinguishing equipment ready for immediate use;
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(d)
The permit holder shall sell Consumer Fireworks in conformance with
the information provided to the Fire Chief pursuant to Section 4(4) of
this By-law;
(e)
The permit holder shall comply at all times with the provisions of the
Act, FPPA and the provisions of this By-law;
(f)
Any other condition deemed reasonable in the circumstances by the
Fire Chief.
(3)
No permit holder shall Sell Consumer Fireworks except in accordance with
the conditions of the permit.
PART VI
DISCHARGE OF CONSUMER FIREWORKS
6.
(1)
No person shall Discharge Consumer Fireworks except on the following
days:
(a)
Victoria Day;
(b)
The day immediately preceding Victoria Day;
(c)
The day immediately following Victoria Day;
(d)
Canada Day;
(e)
The day immediately preceding Canada Day;
(f)
The day immediately following Canada Day;
(g)
Diwali,
(h)
The day immediately preceding Diwali;
(i)
The day immediately following Diwali;
U)
Other religious or cultural events and such other dates as permitted
by the Fire Chief.
(2)
No person under the age of eighteen (18) years shall Discharge any
Consumer Fireworks.
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(3)
No person being the parent or guardian of any person under the age of
eighteen (18) years shall allow the person under the age of eighteen (18) to
Discharge any Consumer Fireworks.
(4)
A person eighteen (18) years of age or older may Discharge Consumer
Fireworks on any land belonging to him or her, or on any other privately owned
land where the owner thereof has given permission for such display or Discharge
of Consumer Fireworks.
(5)
No person shall 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 Consumer Fireworks.
(6)
No person shall discharge permitted Fireworks except between the hours of
dusk and 11 :00 pm, unless written permission has been obtained from the Fire
Chief.
(7)
No person shall Discharge any Consumer Fireworks in or into any building,
doorway, or automobile.
(8)
No person shall Discharge any Consumer Fireworks in or on or into any
highway, street, lane, square, parkland or other public place, unless prior written
permission has been obtained from the Fire Chief.
(9)
When Fireworks are discharged from a property, the property owner is
deemed to have permitted, allowed, or caused the setting of the Fireworks ..
(10)
No person shall launch any version of a Sky Lantern.
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PART VII
DISPLAY FIREWORKS
7.
(1)
No person or group of persons shall hold a display of Display Fireworks in
the City of St. Catharines without first having obtained a permit to do so from the
Fire Chief in accordance with Part VII of this By-law.
(2)
A member of St. Catharines Fire Services, Community Risk Reduction Unit,
shall be permitted to conduct a site inspection in relation to each permit application
received pursuant to Part VII of this By-law.
(3)
No person or group of persons shall hold a Public Fireworks Display using
Consumer Fireworks.
(4)
Every application for a permit required under Part VII of this By-law shall be
made to the Fire Chief a minimum of thirty (30) days prior to the event when the
proposed display of Display Fireworks is to occur.
(5)
A person applying for a Display Fireworks Permit shall be required to submit
the following:
(a)
A completed permit application, in the form provided by the Fire
Chief;
(b)
A site plan providing a description of the site to be used for the
Discharging of the Display Fireworks;
(c)
A description of the fire emergency procedures;
(d)
Proof that the applicant is certified as a Display Supervisor;
(e)
Written consent of the owner of the property on which the Discharge
of Display Fireworks is proposed, unless the Applicant is the owner
of the property;
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(f)
Proof of permission from the City of St. Catharines if the display is
taking place on city owned property;
(g)
The fee as prescribed by the schedule of rates and fees as approved
by Council for the City of St. Catharines from time to time;
(h)
Proof of insurance as required by Part XI of this By-law;
(i)
Signed Indemnity as required by Part XII of this By-law; and
U)
Such other information as required by the Fire Chief.
(6)
A Display Fireworks Permit shall not be issued where:
(a)
The permit application is incomplete;
(b)
The applicant is not a Display Supervisor;
(c)
The display is not being held under the auspices of an established
club, association or group of persons;
(d)
The purpose of the display is not of civic, national or international
significance, or not of special significance for particular interest
groups; or
(e)
There are reasonable grounds for belief that the holding of the
Display Fireworks will result in a breach of this By-law, the FPPA or
the Act; or
(f)
The information provided in support of the Display Fireworks Permit
pursuant to Section 7(5) is deemed unacceptable by the Fire Chief
in his or her sole discretion ..
(7)
The Fire Chief may revoke a Display Fireworks Permit where:
(a)
The person to whom the permit is issued fails to comply with all
provisions and conditions to which the permit is subject in
accordance with this By-law;
(b)
The application for the Display Fireworks Sales Permit contains false
or misleading information;
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(c)
Environmental concerns such a weather conditions, wind speed
and/or wind direction are a factor;
(d)
An Open Air Fire Ban has been instituted.
PART VIII
CONDITIONS APPL YING TO DISPLAY FIREWORKS PERMIT
8.
(1)
The Fire Chief may issue permits for displays of Display Fireworks on the
conditions set forth in Part VII of this By-law.
(2)
The following conditions shall apply to all Display Fireworks Permits:
(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 permit holder, who shall be a Display Supervisor, shall supervise
the display of Display Fireworks at all times;
(c)
The permit holder, who shall be a Display Supervisor, shall
Discharge the Display Fireworks;
(d)
Every permit holder shall provide and maintain fully operational fire
extinguishing equipment ready for immediate use;
(e)
The permit holder shall hold the display of Display Fireworks in
conformance with the information provided to the Fire Chief pursuant
to Section 7(5) of this By-law;
(f)
The permit holder shall comply at all times with the provisions of the
Act, FPPA, the Display Fireworks Manual published by Natural
Resources Canada or any successor publication, and the provisions
of this By-law;
(g)
The permit holder shall comply with any wind speed or direction
limitations imposed on the permit (Niagara Regional Airport shall be
the referenced authority); and
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(h)
Any other condition deemed reasonable in the circumstances by the
Fire Chief.
(3)
No permit holder shall Discharge Display Fireworks except in accordance
with the conditions of the permit.
(4)
The permit holder holding the display of Display Fireworks shall ensure that
all unused Display Fireworks and all debris are removed forthwith from the
site and safety disposed of.
PART IX
PYROTECHNIC SPECIAL EFFECTS FIREWORKS
9.
(1)
No person or group of persons shall Discharge any Pyrotechnic Special
Effect Fireworks in the City of St. Catharines without first having obtained a permit
authorizing the display of Pyrotechnic Special Effect Fireworks from the Fire Chief
in accordance with Part IX of this By-law.
(2)
A member of St. Catharines Fire Services, Community Risk Reduction Unit,
shall be permitted to conduct a site inspection in relation to each permit application
received pursuant to Part IX of this By-law.
(3)
Every application for a permit required under Part IX of this By-law shall be
made to the Fire Chief a minimum of thirty (30) days prior to the event when the
proposed Discharge of Pyrotechnic Special Effect Fireworks is to occur.
(4)
A person applying for a Pyrotechnic Special Effect Fireworks Permit shall
be required to submit the following:
(a)
A completed permit application, in the form provided by the Fire
Chief;
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(b)
A site plan of the facility and room capacity, the stage and the
Pyrotechnics Special Effect Fireworks storage area;
(c)
A description of the fire emergency procedures;
(d)
Proof that the applicant is certified as a Pyrotechnician;
(e)
Written consent of the owner of the property on which the Discharge
of Pyrotechnic Special Effects Fireworks is proposed, unless the
Applicant is the owner of the property;
(f)
Written permission is required from the City of St. Catharines for all
city owned land including all parks and beaches;
(g)
The fee as prescribed by the current schedule of Rates and Fees for
the City of St. Catharines;
(h)
Proof of insurance as required by Part XI of this By-law;
(i)
Signed Indemnity as required by Part XII of this By-law; and
0)
Such other information as required by the Fire Chief.
(5)
A permit for the display of Pyrotechnics Special Effects Fireworks shall not
be issued where:
(a)
The application is incomplete;
(b)
The applicant is not a Pyrotechnician under the Act; or
(c)
There are reasonable grounds for belief that holding a display of
Pyrotechnic Special Effect Fireworks will result in a breach of this by-
law, the FPPA or the Act; or
(d)
The information provided in support of the Display Fireworks Permit
pursuant to Section 9(4) of this By-law is deemed unacceptable to
the Fire Chief in his or her sole discretion.
(6)
The Fire Chief may revoke a Pyrotechnics Special Effects Fireworks Permit
where:
20
(a)
The person to whom the permit is issued fails to comply with all
provisions and conditions to which the permit is subject in
accordance with this By-law;
(b)
The application for the Pyrotechnics Special Effects Permit contains
false or misleading information;
(c)
Environmental concerns such a weather conditions, wind speed
and/or wind direction are a factor;
(d)
An Open Air Fire Ban has been instituted.
PARTX
CONDITIONS APPL YING TO PYROTECHNIC SPECIAL EFFECTS FIREWORKS
PERMIT
10.
(1)
The Fire Chief may issue permits for displays of Pyrotechnic Special Effect
Fireworks on the conditions set forth in Part X of this By-law.
(2)
The following conditions shall apply to Pyrotechnic Special Effect Fireworks
Permits:
(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 permit holder, who shall be a Pyrotechnician, shall supervise the
display of Pyrotechnic Special Effect Fireworks;
(c)
The permit holder, who shall be a Pyrotechnician, shall Discharge
the Pyrotechnic Special Effects Fireworks;
(d)
The permit holder shall provide and maintain fully operational fire
extinguishing equipment ready for immediate use;
(e)
The permit holder shall comply at all times with the provisions of the
Act, FPPA, the Pyrotechnics Special Effects Manual published by
Natural Resources Canada or any successor publication, and the
provisions of this By-law;
21
(f)
The permit holder shall hold the display of Pyrotechnic Special
Effects Fireworks in conformance with the information provided to
the Fire Chief pursuant to Section 9(4) of this By-law;
(g)
The permit holder shall comply with any wind speed or direction
limitations imposed on the permit (Niagara Regional Airport shall be
the referenced authority); and
(h)
Any other condition deemed reasonable in the circumstances by the
Fire Chief.
(3)
No permit holder shall Discharge Pyrotechnic Special Effect Fireworks
except in accordance with the conditions of the permit.
(4)
The permit holder holding the display of Pyrotechnic Special Effect
Fireworks shall ensure that all unused Pyrotechnic Special Effect Fireworks and
all debris are removed forthwith from the site and safety disposed of.
PART XI
INSURANCE
11.
(1)
The applicant for a permit under Parts VI I and IX of this By-law 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 of the City of St.
Catharines as an additional insured thereunder. Such insurance shall include
permission to conduct displays of Display Fireworks or Pyrotechnic Special Effects
Fireworks. Such insurance policy shall contain an endorsement to provide the City
of St. Catharines 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 City of St. Catharines prior to the
issuance of a permit.
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PART XII
INDEMNIFICATION
12.
(1)
The applicant for a permit under Parts VII and IX of this By-law shall provide
a signed indemnity which indemnifies and saves harmless The Corporation of the
City of St. Catharines from any and all claims, demands, causes of action, loss
costs or damages that the City 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.
PART XIII
PRODUCTION OF PERMIT
13.
(1)
Every holder of a Consumer Fireworks Sales Permit, Display Fireworks
Permit or Pyrotechnic Special Effect Fireworks Permit shall produce his or her
permit upon being so directed by the Fire Chief.
PART XIV
OFFENCES AND PENAL TIES
14.
(1)
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 as provided for in the Provincial
Offenses Act, R.S.O. 1990, Chapter P.33, as amended from time to time.
PART XV
ENFORCEMENT AND ADMINISTRATION
15.
(1)
This By-law may be enforced by every Enforcement Officer.
23
(2)
No person shall obstruct, hinder or interfere with an Enforcement Officer in
his or her enforcement of this By-law.
(3)
An Enforcement Officer may, at any reasonable time and without prior
notice, inspect any land, property, places, premises, buildings or structures where
Fireworks are stored or offered for sale.
(4)
An Enforcement Officer may, at any reasonable time and without prior
notice, inspect any land, property, places, premises, buildings or structures for
which an application for a permit under this By-law has been received for the
purposes of conducting the site inspections required pursuant to Sections 4(2),
7(2), and 9(2) of this By-law.
(5)
An Enforcement Officer may, at any reasonable time and without prior
notice, inspect any land, property, places, premises, buildings or structures for
which a permit under this By-law has been issued for the purpose of ensuring
compliance with the permit.
(6)
An Enforcement Officer may, at any reasonable time and without prior
notice, inspect any land, property, places, premises, buildings or structures for the
purpose of carrying out an inspection to determine if any section of this By-law is
complied with.
(7)
Notwithstanding the provisions of Section 15(3)-(6) of this By-law, an
Enforcement Officer shall not enter or remain in any room or place actually used
as a dwelling unless the provisions of Section 437 of the Municipal Act, 2001 are
complied with.
(8)
From time to time the Fire Chief may approve any and all forms as may be
contemplated under this By-law, including forms of permit and applications for
permit.
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PART XVI
REINSTATEMENT
16.
(1)
Where any person is in contravention of any provision of this By-law, the
City, in addition to any other action, may give or send notice to the person requiring
the property be made to conform with this By-law. In the event that a notice is
given or sent and the property is not reinstated to conform with the provisions of
this By-law within the time period stated in the notice, the City, its employees, agent
or contractor may enter upon the land and remove such things or carry out the
work required to make the property comply with this By-law, and may charge any
costs incurred for such work to the person.
(2)
Where the person refuses to pay the costs incurred by the City in
Subsection 16(1), the City may recover the costs in accordance with Section 446
of the Municipal Act, S.O. 2001, c. 25.
(3)
Any notice given under this Section may be given in person or by registered
mail and in the case of notice by registered mail, is deemed to be delivered on the
3rd day after which it was sent.
PART XVII
MISCELLANEOUS
17.
(1)
By-law Number 2016-6, as amended, of the City of St. Catharines entitled
"A By-law to regulate the sale and use of fireworks and firecrackers in the City of
St. Catharines" is hereby repealed.
(2)
If there is a conflict between a provision of this By-law and a provision of
any other By-law of the City of St. Catharines, the provision that establishes the
higher standard to protect the health and safety of the public shall apply.
25
(3)
If any provision or part of a provision of this By-law is declared by any court
or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part,
the balance of the By-law shall not be affected and shall continue in full force and
effect.
(4)
This by-law may be referred to as the "Fireworks By-law".
Read and passed this d lo
day of
~..e,p-\-e..vv'\ b..e~
2022.
CLERK