Fireworks By-law 73-2006 (consolidated to July 2, 2024, as amended by By-law 74-2024)
Stratford, Ontario
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Fireworks By-law 73-2006
Consolidated Version
As amended by:
- By-law 74-2024 adopted July 2, 2024
Consolidated to July 2, 2024
1
BY-LAW NUMBER 73-2006
OF
THE CORPORATION OF THE CITY OF STRATFORD
BEING a By-law to prohibit and regulate the sale of
fireworks and the setting off of fireworks in the City of
Stratford and to repeal By-law 184-87 and all amendments
thereto.
WHEREAS section 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 to prohibit such activities unless a permit is obtained
from the municipality for those activities and may impose conditions;
AND WHEREAS section 130 of the Municipal Act 2001, S.O. 2001 c.25 as amended
provides that a municipality may regulate matters for purposes related to the health,
safety and well-being of the inhabitants of the municipality;
AND WHEREAS Council of The Corporation of the City of Stratford deems it necessary
for the safety and well being of the community to prohibit and regulate the setting off
of fireworks and for requiring permits within the geographic limits of the City of
Stratford;
NOW THEREFORE BE IT ENACTED by Council of The Corporation of the City of
Stratford as follows:
1.0
DEFINITIONS
1.1
"City" means the geographic limits of the City of Stratford;
1.2
"competent person" means a person who is at least 18 years of age and is
fully aware of applicable legislative requirements at all levels of Government,
with regards to the discharging of fireworks.
1.3
"Council" means the Council of The Corporation of the City of Stratford;
1.4
"display fireworks" means an outdoor, high hazard, recreational firework that
is classed as a subdivision 2 of Division 2 of Class 7 Fireworks under the
Explosives 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;
1.5
"Explosives Act" means the Explosives Act, Revised Statutes of Canada, 1985,
Chapter E-17 and the Regulations enacted thereunder as mended from time to
time or Act and Regulations enacted in substitution therefore.
1.6
"family fireworks" means an outdoor, low hazard, recreational firework that
is classed as a subdivision 1 of Division 2 of Class 7 Fireworks under the
Explosives Act and includes fireworks showers, fountains, golden rain, lawn
lights, pin wheels, Roman candles and volcanoes, but does not include
Consolidated to July 2, 2024
2
Christmas crackers and caps for toy guns containing not in excess of twenty-
five one-hundreths of a grain of explosive used per cap;
1.7
"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. For the
purpose of this By-law, Christmas crackers and caps used in cap pistols, shall
not be deemed as "firecrackers".
1.8
"fireworks" means display fireworks, pyrotechnic special effects fireworks and
family fireworks but does not includes sparklers;
1.9
"Fire Chief" means the Fire Chief for the City or designate;
1.10 "Fire Department" means the Stratford Fire Department;
1.11 "motor vehicle" means motor vehicle as defined in the Highway Traffic Act,
R.S.O. 1990 c.H.8 as amended;
1.12 "minor" means a person who is under 18 years of age;
1.13 Noise By-law" means By-law No. 113-79, as amended and as enacted by the
City or any subsequent by-laws enacted by the City to regulate noise;
1.14 "permit" means an application for Display Fireworks Permit;
1.15 person" includes a partnership, a corporation and a natural individual. Where
a person is a minor "person" includes the parent or guardian of the minor.
1.16 "pyrotechnician" means a person who is certified under the Explosives 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 Explosives Act;
1.17 "pyrotechnic special effect firework" means a high hazard firework that is
classed as a subdivision 5 of Division 2 of Class 7 Firework under the Explosives
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, bergs, lances and wheels;
1.18 "Retail Business Holidays Act" means the Retail Business Holidays Act,
R.S.O. 1990, CHAPTER R.30, as amended, and any regulations enacted
thereunder as amended from time to time or Act and Regulations enacted in
substitution therefore;
1.19 "sale" includes all attempts or offers to sell or cause or permit to sell or
invitations to purchase, whether by express act or implication;
1.20 "flying lantern" means a small hot air balloon made of paper, with an opening
at the bottom where a small fire is suspended and also known as "sky lantern";
2.0
SALE OF FIREWORKS
2.1
No person shall display, offer for sale, or sell fireworks within the City, except
on Victoria Day or Canada Day and for a period of 14 calendar days prior to
each of the above holidays.
2.2
For greater certainty, only those persons authorized to undertake retail sales
pursuant to section 4 of the Retail Business Holidays Act and any by-law enacted
Consolidated to July 2, 2024
3
by the City in accordance with the Retail Business Holidays Act may sell
fireworks on Victoria Day and/or Canada Day.
2.3
Subject to section 2.1 herein, no person shall display, offer for retail sale, or sell
fireworks in the City unless:
a)
the fireworks are displayed in a package, glass case or other suitable
receptacle away from inflammable goods;
b)
the fireworks are displayed in a place where they are not exposed to the
rays of the sun or to excess heat;
c)
the fireworks are displayed inside of a building and a minimum of 3
metres from any window;
d)
the fireworks are displayed in or near an area where smoking or igniting
of any smoking or other substance or device is prohibited; and
e)
the fireworks are displayed in or near any areas where cooking or heating
of food or beverage or other substance is prohibited.
2.4
No person who offers for sale or sells fireworks shall fail to post the location
where the fireworks are kept as a "No Smoking Area".
2.5
No person shall sell or cause or permit to be sold, fireworks to a person who is
not a competent person.
2.6
Notwithstanding the provisions of this Section, retail sales of family fireworks
may be permitted from detached storage units or tractor/trailer units outside of
a building, provided that the units are located at least:
a)
6 metres from any combustible material;
b)
6 metres from any building or any other temporary retail outlet;
c)
at least 3 metres from any vehicle parking and
d)
with the prior approval of the Fire Chief or designate, for the
location.
3.0
POSSESSION OF FIREWORKS
3.1
No person, other than a competent person, shall be in possession of fireworks.
4.0
FIRECRACKERS
4.1
No person shall set off firecrackers within the City.
4.2
No person shall display, offer for sale or sell firecrackers within the City.
5.0
SETTING OFF FAMILY FIREWORKS AND FLYING LANTERNS
5.1
No person shall set off Family Fireworks in the City, except on the designated
days of Victoria Day and Canada Day, and on the first day of the Diwali festival
annually. In the event that weather conditions such as rain, fog, smog or wind,
on Victoria Day or Canada Day or the first day of the Diwali Festival make it
impractical and/or unsafe to set off family fireworks, the next day preceding or
following Victoria Day or Canada Day or the first day of the Diwali Festival shall
be the designated day.
Consolidated to July 2, 2024
4
5.2
No person shall set off Family Fireworks on designated days as prescribed in
this By-law at any time except in accordance with the Noise By-law between
the hours of 8:00 pm and 12:00 midnight of the same day.
5.3
Only a competent person shall be in charge of setting off Family Fireworks in
the City.
5.4
No minor shall set off any fireworks, other than a sparkler where the minor is
under the supervision of an adult at all times.
5.5
No person shall set off family fireworks in, into or on:
a) a building;
b) a motor vehicle;
c) a highway or street;
d) park or other public place.
5.6
Property damage or injury as a result of family fireworks shall be the
responsibility of the person setting off the fireworks.
5.7
Family Fireworks shall only be permitted to be set off on private property.
5.8
No person shall set off fireworks on any land of which he or she is not the
owner, without obtaining the prior written permission of the owner to do so.
5.9
No person shall set off flying lanterns within the City.
5.10 No person shall display, offer for sale or sell flying lanterns within the City.
6.0
STORING OF FAMILY FIREWORKS
6.1
No person shall store, handle or set off family fireworks in an unsafe manner or
in a manner that creates a nuisance, taking into account the noise, danger from
fire and explosion, and risk of death, injury and damage to property inherent in
the storage, handling or use of fireworks.
6.2
A person who stores family fireworks shall use reasonable care to ensure that
those fireworks are not accessible to a minor.
7.0
PERMITS FOR SETTING OFF DISPLAY FIREWORKS
7.1
No person shall set off Display Fireworks in the City unless they have applied
for and been granted a permit to do so in accordance with the provisions of this
By-law.
7.2
No person shall set off Display Fireworks in the City except on Victoria Day or
Canada Day. In the event that weather conditions such as rain, fog, smog or
wind, on Victoria Day or Canada Day make it impractical and/or unsafe to set
off display fireworks, the Fire Chief may designate an alternate day and time.
7.3
For the celebration of a special event or community event in the City, the Fire
Chief may approve the setting off of Display Fireworks on a day other than
Victoria Day or Canada, subject to the provisions of this By-law.
7.4
A complete application, including permit fee to set off Display Fireworks shall
be made to the Fire Chief in accordance with this By-law at least 30 calendar
Consolidated to July 2, 2024
5
days prior to the holding of the Display Fireworks and the Fire Chief may grant
a permit for the setting off of Display Fireworks in a manner acceptable to the
regulations and all applicable by-laws of the City of Stratford. Filed with the
application shall be a statement of the safety measures being implemented and
a current and up to date site plan with dimensions showing:
a)
the location of the proposed Display Fireworks,
b)
the access to be provided for fire and emergency vehicles,
c)
the free zone area of clear distance between the point of launch and an
occupied area.
7.5
The Fire Chief may require any additional information of the applicant to ensure
the public's safety and may impose additional conditions on the issuance of a
permit as he deems advisable in the particular circumstances of the application.
7.6
If, the opinion of the Fire Chief, it is necessary for a firefighter or firefighters to
be present at the setting off of Display Fireworks, the presence of such
firefighter(s) shall be a condition of the permit. The firefighter(s) shall have the
right to enter any premises for the purpose of ensuring public safety and shall
not be hindered or obstructed in any way whatsoever. Such firefighter(s) shall
also have the authority to require any precautions for the prevention of fire
which in the firefighter(s) opinion is deemed necessary before any Display
Fireworks are set off pursuant to the permit issued by the Fire Chief.
7.7
Each permit/application shall state the name of the corporation, club,
association or group to whom it is issued, the place and date at which and on
which it may be held, the type and kind of Display Fireworks that will be set off,
the name of the person under whose supervision it shall be held and such other
information as required by the Fire Chief. Any special conditions imposed by the
Fire Chief to promote health and safety of the public at the event shall also be
listed on the permit.
7.8
A permit for setting off Display Fireworks shall only be issued by the Fire Chief
to a service club, corporation, association or group.
7.9
A Display Fireworks permit may be issued for the purpose of celebrating Victoria
Day or Canada Day or such other event approved by the Fire Chief, subject to
the following:
a)
If Display Fireworks are to be held on municipal property, approval of
Council must be obtained prior to applying for a permit.
b)
No permit shall be issued for a location within 150 metres of any place
where explosives, gasoline or other highly flammable substances are
stored.
c)
Every applicant shall provide with the permit, proof of Liability Insurance
with
a
minimum
coverage
of
five
million
Canadian
dollars
($5,000,000.00CA) with The Corporation of the City of Stratford to be
named as an additional insured.
d)
The fee for a permit is prescribed in the Fee By-law as amended from
time to time by Council.
7.10 No person shall set off Display Fireworks in the City except on the day or days
specified by the permit and in accordance with the Noise Control By-law
between the hours of 8:00 pm and 12:00 midnight of the same day.
Consolidated to July 2, 2024
6
7.11 The permit may be suspended or revoked by the Fire Chief if the conditions of
the permit are not being met or it would be unsafe to allow the Display
Fireworks.
7.12 No person shall set off Display Fireworks or advertise that a Display Fireworks
event is to be held in the City without a permit issued by the Fire Chief.
7.13 Every person to whom a permit is issued under this section shall:
a)
provide and maintain approved fully operational fire extinguishing
equipment ready for immediate use, throughout the time while the
Display Fireworks is being set off or displayed and for a reasonable period
thereafter, at the location or site of the setting off or holding of a Display
Fireworks;
b)
produce the permit on demand by the Fire Department or to any police
officer, or any person authorized to enforce this By-law; and
c)
permit the inspection of any site where the Display Fireworks may be
stored, set off or displayed and the fireworks themselves together with
all associated equipment, by the Fire Department or anyone authorized
to enforce this By-law, forthwith, upon demand.
7.14 Every person to whom a permit is issued under this section, shall, immediately
after the conclusion of the setting off or holding of a Display Fireworks, carry
out a site inspection and shall:
a)
remove all unused or partly used fireworks from the site;
b)
gather together and remove all debris remaining after using or partial
use of the Display Fireworks; and
c)
return the site to the condition it was prior to the setting off or holding
of the display.
8.0
SETTING OFF DISPLAY FIREWORKS
8.1
No person shall set off Display Fireworks in the City without first receiving a
permit from the Fire Chief.
8.2
Display fireworks shall only be set off under the supervision of a person who is
qualified for such purpose to the satisfaction of the Fire Chief.
8.3
Every person who sets off Display Fireworks shall take all steps reasonably
necessary, as would a reasonable and prudent person, to ensure no harm to
persons or property damage.
8.4
Conditions set out in the permit as well as legislative requirements at all levels
of Government shall be adhered to.
8.5
Property damage or injury as a result of Display Fireworks shall be the
responsibility of the person setting off the fireworks.
9.0
NOISE BY-LAW
9.1
No person shall set off any fireworks in accordance with this By-law, except
during the times prescribed in the Noise By-law.
Consolidated to July 2, 2024
7
10.0 PYROTECHNIC SPECIAL EFFECTS FIREWORKS
10.1 No person shall hold a display of Pyrotechnic Special Effect Fireworks in the City
without having first obtained a permit to do so issued by the Fire Chief.
10.2 No person shall set off any Pyrotechnic Special Effect Fireworks in the City
without having first obtained a permit to do so issued by the Fire Chief
authorizing the pyrotechnic special effect fireworks.
10.3 The Fire Chief may require any additional information of the applicant to ensure
the public's safety and may impose additional conditions on the issuance of a
permit as he deems advisable in the particular circumstances of the application.
10.4 The Pyrotechnic Special Effect Fireworks shall only be set off under the
supervision of a pyrotechnician.
10.5 If, the opinion of the Fire Chief, it is necessary for a firefighter or firefighters to
be present at the setting off of any Pyrotechnic Special Effect Fireworks , the
presence of such firefighter(s) shall be a condition of the permit. The
firefighter(s) shall have the right to enter any premises for the purpose of
ensuring public safety and shall not be hindered or obstructed in any way
whatsoever. Such firefighter(s) shall also have the authority to require any
precautions for the prevention of fire which in the firefighter(s) opinion is
deemed necessary before any Pyrotechnic Special Effect Fireworks are set off
pursuant to the permit issued by the Fire Chief.
11.0 EXEMPTIONS
11.1 The act of setting off of Family Fireworks on private property by the owner,
tenant or authorized person on Victoria Day or Canada Day or the first day of
Diwali for their own personal display shall not be deemed to be a Display
Fireworks.
11.2 It is hereby declared for great certainty that the Festival Cannon is exempt from
the provisions of this By-law.
12.0 VALIDITY
12.1 If any provisions of this By-law are for any reason held to be invalid, it is
declared to the intention, that all remaining provisions shall remain in full force
and effect until repealed, notwithstanding that one or more provision shall be
been declared invalid.
13.0 CONFLICT WITH OTHER BY-LAWS
13.1 Nothing in this By-law shall exempt any person from complying with the
requirements of any by-law in force or from obtaining any licence, permission,
permit, authority or approval required under any by-law or legislation
14.0 OFFENCES
14.1 Every person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to a fine of not more than $5,000.00
exclusive of costs as provided for in the Provincial Offences Act, R.S.O. 1990,
c.P.33 as amended.
Consolidated to July 2, 2024
8
15.0 REPEAL
15.1 Upon the passage of this By-law, By-law 184-87 and all amendments thereto,
shall be repealed.
16.0 ENACTMENT
16.1 This By-law shall come into force and effect immediately upon the passing
thereof.
Read a FIRST, SECOND and THIRD time and
FINALLY PASSED this 8th day of May, 2006.
"Daniel B. Mathieson"
Mayor - Daniel B. Mathieson
"Joan Thomson"
Clerk - Joan L. Thomson