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M-11 (a)
CITY OF WEYBURN
BYLAW NO. 2018-3375
BYLAW OF THE CITY OF WEYBURN TO REGULATE FIREWORKS AND
PYROTECHNICS IN THE CITY OF WEYBURN
WHE
mec
esta
PGOP
WHE
Nurri
Tit
WH%REAS
Section 8 of The Cities Act enables Council to pass a bylaw for the purposes of
Therifore,
the Council of the City of Weyburn, in the Province of Saskatchewan,
enacts as follows:
REAS the Council of the City of Weyburn wishes to enact the measures
herein to provide a
anism for the regulating, permitting, safe sale and discharge of fireworks within the City.
lishing minimum standards
for the safety, health and welfare of people and the protection of
e and property.
REAS the passing of bylaw willrepeal the City of Weyburn Firecrackers and Fireworks Bylaw
oer 1147.
and Pu_rgose
Definitions
2.
This Bylaw may be referred to as "The Fireworks Bylaw".
The purpose of this Bylaw is to provide for the safe and appropriate storage,
sale, use,
discharge and disposal of fireworks within the City of Weyburn.
"Act" means The Cities Act
"Approved", means approved by the Fire Chief or his designate
of the City of Weyburn
Fire Department
and/or the Police Chief or his designate
of the City of Weyburn.
"Authority
Having
Jurisdiction
(AHJ)", means
the City of Weyburn
as the agency
responsible
for granting approvals
for ?reworks
and pyrotechnics
displays.
Typically
represented by the Fire Chief or designate, but may be represented
by any Peace Officer,
as defined by this document.
"Building",
means any structure
used or intended to be used for supporting or sheltering
any use or occupancy.
"Council",
means the Municipal Council of the City of Weybum.
"City", means the City of Weyburn as de?ned by Municipal Boundary.
"Consumer
Fireworks",
commonly referred to as family grade fireworks, are those
classified as Type F.1 explosives
under Federal Explosive Regulations. These include,
but are not limited to, outdoor low-hazard
recreational
fire works such
as showers,
fountains, golden rain, roman candles,
volcanoes,
sparklers and caps for toy guns and
other similar devices, but does not include Christmas crackers and paper containing not
more than twenty five one-hundredths
of a grain of explosives
on average
per cap,
devices for use with such caps, safety flares or marine rockets.
"Discharge",
means
to ignite, fire, 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
Fireworks",
commonly referred to as professional grade fireworks,
are those
classi?ed
as Type F.2 explosives
under Federal Explosive Regulations.
These include,
but are not limited to, outdoor high-hazard
recreational fireworks
such as display shells,
bombshells,
large wheels,
bombardos,
waterfalls, fountains,
batteries,
illuminations, set
pieces, pigeons and mines.
"Display
Fireworks
Assistant",
means an individual certified by Natural Resources
Page
1 of 6
M--11(a)
Canada to detonate display fireworks under the direct supervision of a Display Fireworks
Supervisor.
"Display
Fireworks
Event", means the observance
or celebration of a special event or
festival where a special permit has been
issued to allow for the discharge
of display
fireworks.
"Display
Fireworks
Supervisor",
means an individual certified by Natural Resources
Canada as being qualified and experienced
to plan and carry out a display fireworks show
and to directly supervise
qualified display ?reworks assistants
in the execution
of the
same.
" Explosive",
means gunpowder, nitroglycerin, gun cotton, dynamite, blasting gelatin,
gelignite, fulminate or mercury, or other metals, coloured fire and every other substance
used or manufactured to produce a violent effect by explosion or pyrotechnic effect, and
shall include fireworks, fuses, rockets, percussion caps, detonators,
tannerite, cartridges
and ammunition.
" Fire Chief", means the person who as appointed by Council of the City of Weyburn to be
the Head of the City of Weyburn
Fire Department
and may include an individual or
individuals to act in place of the Fire Chief.
"Fire
Department",
means
the organization
known
as
the
City of Weyburn
Fire
Department.
" Firecracker",
means a small firework with entwined fuses used solely as noise makers,
not for pyrotechnic effects or have little or no pyrotechnic effect and without limitation
includes bottle rockets, screechers,
screecharos,
humaroos,
supersonic
bang, butterfly
thunder,
air bombs, cherry bombs and other items similarly named or are in the same
noise making category.
"Fireworks",
means
any manufactured
goods intended to be used for the pyrotechnic
effect that are classified by the Canada Explosives Regulations.
"Occupant",
means an owner, tenant, lessee,
agent, licensee and any other person who
has access
to, and control of any land, building, dwelling or premises to which this Bylaw
applies.
" Peace
Officer" means any person employed by the City of Weyburn in the Capacity of a
sworn member of the City of Weyburn Police Department,
a Bylaw enforcement Officer, a
sworn member of the Royal Canadian Mounted Police, Provincial Conservation Of?cer,
and any other individual as designated
by the City of Weyburn Police Chief or designate.
"Permanent
Fireworks
Premise", means a premises, or part of a premises in which the
principle year round business is the sale of?reworks.
"Person",
includes a corporation, partnership
or party, and the personal or other legal
representatives
of a person to whom the context can apply according to this Bylaw.
" Possession",
a person has anything in possession
when they have it in their personal
possession
or knowingly, have it in actual possession
or custody of another person, or,
has it in any place, whether or not that place belongs to or is occupied by him, for the use
or benefit of himself or of another person; and, where one or two or more persons, with the
knowledge and consent of the rest, has anything in his or her custody or possession,
it
shall be deemed to be in the custody and possession
of each and all of them.
"Prohibited
Fireworks",
includes but is not limited to aftermarket
modi?ed fireworks,
firecrackers,
exploding
matches,
Chinese
and
sky
lanterns,
sparkling
matches,
ammunition
for miniature
guns,
cherry
bombs,
roman candles,
stink bombs, smoke
bombs, bottle rockets, and all othertrick devices or practicaljokes
as included on the most
recent list of prohibited ?reworks as published from time to time under the various acts or
bulletins.
"Pyrotechnic
Event", means an event or production, generally for the entertainment
industry, where a pyrotechnic event use permit has been issued to allow for the use and
discharge
of pyrotechnics.
"
Pyrotechnician",
means
an individual certified by Natural Resources
Canada
as
Page 2 of 6
M-11 (a)
3.8
3.9
3.1
Re
4.1
4.2
4.4.
PR'0HlBlT|ONS
ulations
affecting
the discharge
of Family Fireworks
qualified and experienced
to organize,
plan and carryout a pyrotechnic special effects
event and to directly supervise qualified pyrotechnics assistants
in the execution of same.
"Sell", includes the offering for sale, causing or permitting to be sold and possessing
for
the purpose of sale.
"Sky
Lantern",
also
known as Chinese
Lanterns,
Kongming
Lanterns
or Wish
Lanterns,
means a small airborne, fire-holding device made of paper or other lightweight
material, not under the direct control of the user, and with a small fire within it.
No person shall discharge
family ?reworks except on the day proceeding New Years Day,
on New Year's Day, on the day proceeding Canada Day and on Canada Day or pursuant
to a permit.
No person shall possess
or discharge Fireworks except in accordance
with the provisions
of this Bylaw.
No person shall possess
or discharge
any Firecrackers or other prohibited Fireworks.
No person shall sell any Firecrackers or Prohibited Fireworks.
No person shall sell any Fireworks except in accordance
with the Bylaw
No person may discharge
or possess for the purpose of discharge
any Display Fireworks
or Pyrotective Event materials except pursuant to a permit.
In circumstances
where a permit is obtained for the discharge
of Fireworks, no permit
applicant
shall discharge
Fireworks at a date, time and location or site other than that
specified in the permit and all conditions of such permit shall be observed.
No person shall discharge
Fireworks in a mannerthat creates or may create a nuisance or
that creates
or may create
an unsafe condition, danger from fire or from risk of injury or
damage
at or in respect of any place, location or site, or in respect of any person, property
or thing.
No person
shall discharge
Fireworks into, in or on any highway, street,
lane, public
therofare, square, school yard, Public Park or other public place without first obtaining a
Permit for such purpose.
No person shall store Fireworks unless such storage
is in compliance with the Explosives
Act and other such regulations thereto
No parent or guardian of any person under the age of eighteen years shall allow or permit
that person to discharge
Family Fireworks, except under the direct supervision andcontr
oJ
of a persons eighteen years of age or older, who shall, at all times, remain physicall
present in the immediate area where the Family Fireworks are being discharged.
No person shall discharge
or hold a display of Family Fireworks on any land that isnot
owned by him or her, unless written permission forthe discharge or holding of a display 0
Family Fireworks, on a date to be clearly specified in the written permission, has beeg
obtained
from the owner. This written permission
must be in the possession
of th
discharge
during the event.
Every person who discharges
Family Fireworks shall:
a)
Provide and maintain fully operational fire extinguishing equipment ready for
immediate use.
b)
Ensure that such fire extinguishing equipment is present at all times and for such a
reasonable
period of time thereafter, at the location or site where the discharge
of
Family Fireworks has taken place.
c)
Possess
knowledge of the operating procedures
of such fire extinguishing equipment
and be capable of employing such ?re extinguishing equipment.
d)
Permit the inspection of any location or site where Family Fireworks may be stored,
discharged
or displayed, and of the Family Fireworks themselves,
together with all
associated
equipment, by anyone authorized to enforce this Bylaw, forthwith upon
demand.
e)
Ensure that all fireworks whether discharged or not are disposed of in accordance with
the manufactures
instructions.
f)
Comply with the minimum distance requirements
as outlined with the fireworks
instruction.
No person shall discharge
Family Fireworks into, inside of, or on a building, accessory
building, structure or motor vehicle.
Page 3 of 6
M-11 (a)
Permits for the Discharge
of Display Fireworks or Theatricall Pyrotechnic
Event
5.1
5_ .
5.
5.
5.5
5.6
5.8«
RegulationsAffecting
the Sale of All Fireworks
6.1
Every application for a permit shall be made to the City of Weyburn
Fire Department.
The fees for permits are set out in an appendix to this Bylaw.
No permit shall be issued to any person under the age of eighteen.
Every permit application shall include:
a)
a description of the type and kind of Fireworks which may be discharged, the
discharge techniques
to be used, the manner and means of restraining unauthorized
persons from attending too near the discharge
location, the manner in which unused
Fireworks are disposed of and the number of persons authorized to handle and
discharge
Fireworks.
b) A description of the discharge site to be used for the discharging ofthe Fireworks
sufficient to identify and locate the site upon the property where the discharge
is
proposed.
c)
Proof from the owner of the land that authorization has been granted to use those
lands for the discharge
of Fireworks.
d)
The name ofthe applicant and the name of the sponsoring organization, ifapplicable.
e)
The date and time of the proposed discharge
of Fireworks and an alternative date and
time in the event of inclement weather.
Every application for a Permit for Display Fireworks, Theatrical/Pyrotechnic
Event shall
include:
a)
proof of commercial general liabilityinsurance in the amount of not less than Two
MillionDollars ($ 2,000,000)
naming the City of Weyburn as an additional insured and
containing a cross liabilityclause.
b)
Proof that the applicant has been approved by the Chief INSPECTOR OF Explosives
pursuant to the Explosives Act as a Fireworks Supervisor by providing a copy of the
Fireworks Supervisor's Permit.
c)
An Indemnification and Hold Harmless Undertaking in favour of the City of Weyburn
and signed by the applicant or an individual having authority to bind the applicant.
d)
Such further and other information as requested
by the City of Weyburn, the City of
Weyburn Fire and Police Departments
respectively.
Every Person to whom a permit has been issued shall:
a)
Provide and maintain fully operational fire extinguishing equipment ready for
immediate use, and shall be present at all times and for a reasonable
period
thereafter,
at the location or site of the display.
b)
Possess
knowledge of the operation procedures of such fire extinguishing equipment
and be capable of employing such fire extinguishing
equipment.
c)
Conform to the current provisions of a Fireworks Manual as published from time to
time by the Explosives Branch of Natural Resources
Canada
or any successor
publication, applicable to the discharge of Fireworks or Pyrotechnics authorized in the
permit.
d)
Produce the permit on demand by any persons authorized to enforce this Bylaw; and
e)
Permit the inspection of the Fireworks and any site where the Fireworks may be stored
or discharged together with all associated equipment.
Every Permit Issued shall include the following conditions:
a)
That the permit holder shall only discharge the Fireworks at the date(s), time(s),
location and discharge site shown on the permit.
b)
That no person, except a Fireworks Supervisor of their Assistant shall discharge
any
Display or Theatrical/Pyrotechnic
devices
c)
That the Fireworks Supervisor,
who is named on the Permit application, shall be
present in person at the display at all times during which the display is being set up,
discharged
and cleaned up;
d)
that no person shall discharge
Display or Theatricall Pyrotechnic devices within thre
hundred metres ( 300 m) of any premises or place where explosives, gasoline or othe
highly flammable substances
are manufactured
or stored.
e)
that no persons shall discharge
Display or Theatricall Pyrotechnic devices within thre
hundred metres ( 300m) of a hospital, nursing home, home for the aged, church or
school unless the owner of such premises
has provided such consent
in writing.
The Chief Fire Of?cial and or Chief Police Of?cial or designate
of the City of Weyburn may
attach additional conditions to the Permit upon issuance
of the Permit.
AllVendors of Fireworks in the City of Weyburn are required to conduct the sales of
Fireworks within a Permanent
Fireworks Premise, Temporary
Fireworks Premise or
Temporary
Lease Fireworks Premise, and in accordance
with this Bylaw and all
applicable law.
Page 4 of 6
6.8
Regulations
Affecting
the Sale of Family Fireworks
7.1
7.2
RwulationsAffecting
Mobile Sales of Fireworks
8.1
Notwithstanding
5.1, mobile sales Premises may be approved within the City provided the
vendor conforms to Section 7 ofthis Bylaw.
No persons shall sell Fireworks unless:
a)
The Fireworks are included in the most recent list of authorized explosives as
published from time to time in the most recent publication as provided by the
explosives branch of Natural Resources
Canada, or their successors.
b)
The Fireworks are sold in accordance
within the standards
of Natural Resources
Canada.
c)
The Fireworks are displayed for sale in a package, glass case or other suitable
receptacle away from heat sources and other flammable goods; and
d)
The fireworks are displayed in a place where they are not exposed to the rays of the
sun or excess heat or adjacent to any exit door.
e)
AllVendors of Fireworks within the City of Weyburn must possess and display a valid
yearly City business license and yearly Fireworks vendors permit.
All vendors
of Fireworks within the City of Weyburn
must display and make available to
purchasers
of Fireworks, a manufactures brochure outlining the safe handling of
Fireworks and a copy of this Bylaw.
Within an area of six metres (6m) in every direction from the area in which the Fireworks
are sold or stored for the purposes of sale shall be designated
and posted as "non
smoking" area and no person may smoke or ignite any flammable material, or have in his
or her possession
any lighted match, lighter, pipe, cigar, cigarette, open flame or spark
emitting device in such area.
No person shall sell Fireworks to any person under the age of eighteen years.
No vendor of Fireworks may permit any employee to sell Fireworks without first instructing
such employee(s)
in the regulations ofthis Bylaw and ensuring that such employee(s)
complies with these regulations.
Alllocations and buildings used for the sale of Fireworks must comply with the City of
Weyburn Zoning Bylaw as may be amended from time to time.
In addition to the regulations affecting the sale of Fireworks, no person shall sell Family
Fireworks unless;
a)
The Fireworks are displayed for sale in lots that do not exceed twenty five kilograms
(25 kg) each in gross weight.
b) The Fireworks are displayed in a place that they are not handled by the public,
exposed to the rays of the sun or to excess heat or adjacent to any exit door.
c)
The Fireworks displayed in any shop windows are mock samples only and they do not
contain any explosive composition.
The weight of Family Fireworks stored on site cannot exceed one thousand kilograms
(1000 kg) unless the vendor holds a valid and appropriate license to do so from the
Explosives Branch of Natural Resources
Canada, or its successors
In addition to the regulations affecting the sale of Fireworks, no person shall sell Fireworks
from a Mobile Sales Premise except in accordance with the following regulations:
a)
That no fewer than two ( 2) signs are posted in prominent locations on the outside of
the Mobile Sales Premises
indicating that persons shall not smoke or ignite any
flammable materials, or have in their possession any lighted match, lighter, pipe, cigar,
cigarette, open flame or spark emitting device within six metres ( 6 m) of the Mobile
Sales Premise.
b)
That the Mobile Sales Premise is not located within twenty metres ( 20 m) or occupied
parking space and is not located within forty metres
(40 m) of any occupied building,
or any dwelling or gas station and as othenivise regulated by the Explosives Branch of
NATURAL Resources
Canada, or its successors;
c)
That the public not be permitted to enter any Mobile Sales Premise for the purpose of
purchasing Fireworks unless there are at least two (2) operational doors complete wit
self closing devices providing a means to access
and egress from the Mobile Sales
Premise.
d)
That no more than fifteen ( 15) customers
are permitted inthe Mobile Sales Premise a
the same time;
e)
That any portable power supply to the Mobile Sales
Premise is located not less than
twelve metres
( 12 m) from the Mobile Sales
Premise;
f)
That with the exception of its entrance
and exit, every Mobile Sales Premise has a
"
no-encroachment" zone; of at least six metres ( 6m) established
around its perimeter
by means of a barrier, such as snow fencing or pylons or other such materials
Page 5 of 6
M--11(a)
A29
9.1'
9.2
9.3
READa first time this 14"'day of May, AD., 2013.
READa second time this 14*"day of May, AD., 2018.
READ a third time this 14"day of May, A.D., 2015, and passed.
satisfactory
to the Authority Having Jurisdiction.
g)
That such barrier willexclude the public and parking from this area;
h) That every vendor of Fireworks from a Mobile Sales Premise provides and maintains
fully operational fire extinguishing equipment,
ready for immediate use, on site at all
times.
i)
Possess
knowledge ofthe operational procedures of such extinguishing equipment
and be capable of employing such fire extinguishing equipment.
j)
Have a fully tested and operational emergency plan for the Mobile Sales Premise.
Iication, Renewal
and Revocation
of Pennit
The Licensing Officer shall;
a)
Perform all administrative functions conferred upon them by this Bylaw
The Chief Fire Officer or designate shall:
a)
Review all Fireworks Permit applications and conduct further inspections or inquires
as required
b)
Make or cause to be made all investigations and inspections which he deems
necessary to determine whether an applicant meets the requirements of this Bylaw
and all applicable laws
The Chief Police Officialor designate
shall:
a)
Co--ordinatethe enforcement
of this By-law;
b)
Make or cause to be made all investigations and inspections which he deems
necessary
to determine whether an applicant meets the requirements
of this Bylaw
and all applicable laws.
¥
Q
@«"i(c
Mayor
City Clerk
Page 6 of 6