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## RESORT VILLAGE OF WAKAW LAKE BYLAW 4-2023 A BYLAW RESPECTING FIREWORKS AND OPEN FIRES
The Council of the Resort Village of Wakaw, in the Province of Saskatchewan enacts as follows:
## TITLE:
This bylaw shall be referred to as the "Fireworks and Open Fires Bylaw. "
## PURPOSE:
1. To regulate the use of fireworks;
2. To regulate open fires and burning of any kind;
4. To establish a process for banning fires and fireworks
3. To provide for public safety in the use of Fireworks and Open Fires;
## PART 1 - DEFINITIONS:
In this bylaw:
1. "Administrator" shall mean the administrator for the Resort Village of Wakaw Lake;
3. "Closure" means a closure within the meaning of The National Fire Code;
2. "CAO" shall mean the chief administrative officer of the Resort Village of Wakaw Lake;
4. "Combustible liquid" means a combustible liquid within the meaning of The National Fire Code;
5. "Council" shall bean the council of the Resort Village of Wakaw Lake;
7. "Fire Chief" shall mean the Chief of the Wakaw/Hoodoo Fire Department
6. "Department" and "Fire Department" shall mean the Wakaw/ Hoodoo Fire Rescue
8. "Fireworks" means fireworks as defined in the Explosives Regulations, C.R.C., c. 599;
9. "Fireworks supervisor" means a person defined in the Explosives Regulations, C. R.C., c.599
10. "Flammable liquid" means flammable liquid within the meaning of The National Fire Code;
11. "High hazard fireworks" means Subdivision 1 of Division 2 fireworks as defined in the Explosives Regulations, C.R.C., c.599
12. "Low hazard fireworks" means Subdivision 1 of Division 2 fireworks as defined in the Explosives Regulations, C.R.C., c.599
13. "Mayor" shall mean the Mayor of the Resort Village of Wakaw Lake;
14. "Member" means a person appointed as a member of the Fire Department bye the Fire Chief;
15. "Municipality" shall mean the Resort Village of Wakaw Lake;
16. "National Fire Code" means the Code declared to be in force pursuant to Subsection 3(1) of The Saskatchewan Fire Code Regulations;
18. "Peace Officer" means a member of the Royal Canadian Mounded Police, a Special Constable or Constable or a Bylaw Enforcement Officer of the Municipality, and any person designated by council to enforce this bylaw;
17. "NFPA" means the National Fire Protection Association;
19. "Private fireworks display" means the discharge of low hazard fireworks for private recreation and entertainment: and
20. "Public fireworks display" means the discharge of high or low hazard fireworks for public recreation and entertainment.
## PART 2 - FIREWORKS
1. Sale of Fireworks
- a) No person shall sell any fireworks within the municipality.
## 2. Fireworks Displays
- a) A public fireworks display shall only be held in public locations approved and designated by the Department.
- b) No person shall hold a public fireworks display without first obtaining a Fireworks Permit from the Department. (Attached as Schedule "A")
- d) The applicant for a permit for a public fireworks display using high hazard fireworks shall procure and provide to the Municipality at least 7 days prior to the scheduled date of the display, a Certificate of Insurance which shall name the Municipality as insured under the applicant's insurance policy. The Insurance Certificate shall indicate that the Applicant has at least $3,000,000.00 (Three Million) of public liability insurance.
- c) A public fireworks display shall be held at the time and location set out in the permit.
- e) A public fireworks display shall only be held if the display is conducted under the direct supervision of a fireworks supervisor.
- f) At the conclusion of the public fireworks display, all unused fireworks and debris shall immediately be removed and disposed of by the person holding the permit to conduct the display in conformance with the current Fireworks Display Manual prepared by Natural Resources Canada.
- g) A permit for a public fireworks display using high hazard fireworks shall only be issued to persons holding a valid Fireworks Supervision - Level I or Level II card issued by Natural Resources Canada. Applicants with Fireworks Supervisor accreditation from other jurisdictions shall not receive a permit unless the Department is satisfied that the applicant is property trained and qualified in the use of high hazard fireworks.
- h) In accordance with Article 5.1.1.2 of The National Fire Code, a public fireworks display using high hazard fireworks shall be conducted in conformance with the current "Fireworks Display Manual" prepared by Natural Resources Canada.
- i) The applicant for a permit for a public fireworks display using high hazard fireworks shall procure and provide to the Department at least 7 days prior to the scheduled date of the display, a Certificate of Insurance which shall name the Municipality as insured under the applicant's insurance policy. The Insurance Certificate shall indicate that the Applicant has at least $3,000,000.00 (Three Million) to $5,000.000.00 (Five Million) of public liability insurance.
## 3. Setting off Fireworks
- a) No person shall set off fireworks in a manner that creates a danger or nuisance or annoys, disturbs, injures or otherwise endangers or detracts from the comfort, repose, health or safety of another person or property: and
- b) In any case, no person shall set off any fireworks between the hours of 11:00pm and 11:00am without prior written approval from the administrator.
- d) No person under the age of 18 years of age shall set off any fireworks except under the direct supervision of a parent, guardian, or other responsible adult.
- c) No person shall set off any fireworks on the street or other public place except as part of a public fireworks display as permitted by this bylaw.
- e) No parent or guardian of a child under 18 years of age shall suffer or permit the child to set off any fireworks, except under the direct supervision of the parent or guardian.
- f) No indoor fireworks are permitted in the municipality.
## PART 3 - OUTDOOR OPEN FLAME FIRES
## 1. Open Flame Fires
- a) No person shall light, ignite, or start to allow or cause to be lighted, ignited, or started, a fire of any kind whatsoever in the open air if it is unsafe to do so.
- b) No person shall light, ignite, or start to allow or cause to be lighted, ignited, or started, a fire of any kind whatsoever in the open air if burning is not located on private property of that person or without that private owner's consent.
- c) The Fire Chief, administrator, or a designate may suspend any open fire if the wind or other conditions are not conducive to fire safety.
- d) Nothing contained in this section shall relieve any person from complying with the provisions of the Clean Air Act and the regulations passed pursuant thereto.
- e) Burning for land clearing purposes is prohibited.
- t) An outdoor fire, outdoor burning appliance or barbeque, which is deemed hazardous, may be extinguished or removed by order of the Fire Chief or any member of the Department or Peace Officer.
## 2. Exemptions to Burning Regulations
- a) Notwithstanding any other provisions of this bylaw, the Fire Chief or any other member designated by the Fire Chief may burn buildings, structures, or other materials for the purpose of training its personnel in structural firefighting methods, fire investigation procedures, for the purpose of elimination of hazards or any other municipal purposes.
## 3. Fire Pits
- a) Open cooking fires shall not be set unless the following measures are taken:
- c) The receptacle must be separated from grass and other vegetation by a distance of at least forty (40) centimetres (15.7 in.) by means of clean earth, sand, gravel, or other noncombustible material.
- b) The receptacle must be located on private property, a distance of a least 3.1 meters (10 ft) from any property line, building, or other combustible structure;
## 4. Chimney and Portable Fire Pits
- a) Shall not be used indoors;
- b) Shall not be used on wooden decks; but may be used on a non-combustible surface such as earth, concrete, stone, etc.;
- c) Shall be separated from grass and any vegetation by a distance of at least 40 centimeters (15.7 in.) by means of clean earth, sand, gravel, or other non-combustible material;
- d) Shall be located on private property a distance of at least 3.1 meters (10 ft) from any property line, building, or other combustible structure.
## 5. General Requirements
- a) The fire must be reasonable supervised so as to prevent its spread.
- b) The fuel for open-air files shall consist only of charcoal, cut seasoned wood, or manufacturer's logs.
- c) The fire shall be adequately ventilated to ensure proper combustion and to prevent an unreasonable accumulation of smoke.
- d) The fire shall not be set in windy conditions conducive to creating a running fire or a nuisance to another person.
- e) The burning of the following materials is prohibited:
- a. Rubbish
- b. Garden refuse
- C. Manure
- d. Livestock or animal carcasses
- e. Any material classified as a dangerous good
- f. Any material when burned will generate black smoke or an offensive odour (i.e. insulation from electrical wiring or equipment, asphalt roofing materials, hydrocarbons, plastics, rubber materials, creosote wood)
- f) If smoke from a fire causes an unreasonable interference with the use and enjoyment of another person's property, the fire must be extinguished immediately. Continued offences of this nature could call for the immediate removal and/or suspension of its use for a period of one calendar year.
- g) The property owner is responsible for any or all damages as a result of burning.
## 6. Barbecuing
- a) Every person who uses any barbecue whether it is gas, charcoal, propane, or a similar device shall:
- b) Use the barbecue in a reasonable and safe manner;
- d) Ensure that a portable grill or barbecue is located on a firm base and firmly anchored;
- c) Keep the barbecue, when lit, a sufficient distance from all combustible materials ("combustible materials' is not to be interpreted as the railing on a balcony or deck);
- e) Refrain from leaving the barbecue unattended;
- f) Keep the barbecue in a reasonable state of repair;
## 7. Propane Barbecues
- a) Comply with all federal and provincial regulations regarding the use and storage of propane cylinders;
- b) Ensure propane cylinders be shut off at the tank valve when not in use;
- d) Ensure propane cylinders be kept in an upright position at all times, including when the cylinders are in transit, service, or storage;
- c) Ensure propane cylinders by connected and secured to the barbecue;
## 8. Natural Gas Barbecues
- a) In the case of natural gas barbecues, ensure the gas connection is secure and free of a gas leak;
- b) Ensure there is a shut off valve for the natural gas connection to the barbecue;
- c) Ensure the natural gas line is turned off when the barbecue is not in use.
- d) When solid fuel appliances are used, provisions for the storage of ashes or hot coals is limited to approved receptacles.
## 9. Immunity from Liability
- a) Neither this Bylaw nor the National Fire Code shall be construed to hold the Resort Village of Wakaw Lake, the Fire Department, its members or employees, agents or volunteers, responsible or liable for any damage to persons or property by reasons of:
- b) Inspections authorized by this bylaw or the National Fire Code
- c) Failure to carry out an inspection
- d) The approval or disapproval of any equipment authorized herein.
## PART 4 - FIRE BANS
1. Notwithstanding the provision in any other Bylaw, the Council shall, upon receiving direction from the Fire Chief of the Wakaw/ Hoodoo Fire Department, declare a Fire Ban on burning of any kind within the municipality.
- a. Levels of recent precipitation;
2. When determining whether to declare a Fire Ban within the municipality, consideration shall be given by the Fire Chief to any or all of the following factors:
- b. Future weather forecasts, including wind speeds;
- c. Water shortages or restrictions;
- d. The overall fire danger including fire load and level of ground fuels;
- e. The amount of or increase in recent outside fires; and
- f. Saskatchewan Environment Risk Forecasts
3. The Council authorizes the CAO, after consultation with the Fire Chief, the authority to remove any Fire Ban when conditions warrant.
- g. Province-wide or Regional Bans
4. When a Fire Ban is in effect, any person who contravenes the Fire Ban may be subject to the fines established within this bylaw.
5. Notice of a Fire Ban shall be provided to the public. Notice may be in the form of signs posted in the municipality, by email, or by any other means which the CAO determines is appropriate for the purpose of informing the public of the Fire Ban.
## PART 5 - PENALTY
1. Every person who contravenes any provision of this Bylaw for which no other penalty is specifically provided for in this Bylaw, is guilty of an offence and liable upon summary conviction to a fine:
- a. For the first offence $500.00;
- b. For the second offence $750.00;
- c. For the third and subsequent offences, of not less than $1,000.00 and no more than $2,000.00.
2. Where an offence has been committed hereunder;
- a. A municipal bylaw enforcement officer or a peace officer may issue a notice of violation. The notice shall require the person to pay to the Municipality the penalty specified in Section 7 (a)
- b. The penalty may be paid at the office of the Municipality during regular office hours by paying in person or can be sent by mail to Resort Village of Wakaw Lake, Box 58, Wakaw SK SOK 4PO.
3. If payment of the penalty is made prior to the date when the person contravening the Bylaw is required to appear in court to answer a charge, the person shall not be liable to prosecution for that offence.
- a. Notwithstanding Subsection (a), if a municipal bylaw enforcement officer or a peace officer is of the opinion that it is in the public interest to compel a person who has contravened a provision of this Bylaw for the first or second time to
appear before a justice, the municipal inspector or peace officer may issue a summons that requires the person to appear before a justice without the alternative of paying the specified amount.
- b. If in the opinion of a prosecutor it is appropriate, the prosecutor may, on or before the court appearance date, permit the person mentioned in subsection (d) to pay the specified amount to avoid prosecution.
5. The date of payment shall be determined as follows:
4. If the penalty imposed under a notice of violation is paid within 14 calendar days of the date of the notice of violation, the amount of the penalty shall be discounted to the sum of $250.00 for a first offence and $500.00 for a second offence.
- a. For payment in person, the date of payment shall be the date payment is received by the municipality.
- b. For payment by mail, the date of payment shall be the federal post marked date on the remittance.
- c. Upon payment, the person contravening the Bylaw shall not be liable to prosecution for that offence.
6. No municipal bylaw enforcement officer or peace officer may issue a notice of violation in the case of a third or subsequent offence.
7. The court may, in default of payment of a fine imposed under this Bylaw, order imprisonment of the individual for a term not exceeding one year.
## Coming into Force
This bylaw shall come into force and take effect after the third and final reading on the 14th day of August, 2023. Bylaw 007-2014 is hereby repealed.
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Kommon
Read a third time and adopted
This 14 day of August, 2023.
CAO
SCHEDULE "A" BYLAW 004-2023
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## Resort Village of Wakaw Lake
## OUTDOOR FIREWORKS PERMIT APPLICATION
ADDRESS OF OUTDOOR FIREWORKS:
APPLICANTS NAME
APPLICANTS PHONE #
The Resort Village of Wakaw Lake assumes no responsibility for damages resulting from improper care and use of fireworks being set off. The applicant is responsible for any or all damages as a result of the fireworks display. The applicant is responsible for cleaning up the area following the display. It is understood that all fireworks shall be set off prior to 11:00pm.
It is an express condition of this permit that the applicant, whose signature appears hereunder, shall be responsible for any injury or damage to person or property arising from the use of this permit.
APPLICANT'S SIGNATURE:
SUPERVISOR SIGNATURE:
(if different from applicant)
A permit to set off fireworks is hereby granted to the applicant noted above.
This permit is effective on
CAO
Date
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