HomeMy WebLinkAboutCSD-2023-166 - Fireworks - By-law Update
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 24, 2023
SUBMITTED BY: Gloria MacNeil, Director of Enforcement 519-741-2200 ext. 7952
PREPARED BY: Tom Ruggle, Chief Fire Prevention Officer 519-741-2200 ext. 5505
Gloria MacNeil, Director of Enforcement 519-741-2200 ext. 7952
Helen Fylactou, Manager of Licensing 519-741-2200 ext. 7854
WARD(S) INVOLVED: All
DATE OF REPORT: March 30, 2023
REPORT NO.: CSD-2023-166
SUBJECT: Fireworks By-law Update
RECOMMENDATION:
That the number of permitted days for firework displays be reduced to only the day of
celebration including Victoria Day, Canada Day and Diwali and must cease by 11pm.
That Chapter 544 and Chapter 739 of the municipal code be repealed and replaced with
the revised Chapter 739 which incorporate a series of administrative changes outlined in
CSD-2023-166.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend that fireworks are only permitted to be set off on
the day of celebration;
Requiring firework displays to cease no later than 11pm;
To advise Council, the administration of Fireworks sales has been transferred from
Licensing to Fire, which will result in efficiencies;
Community engagement has been conducted with the affected vendors.
BACKGROUND:
On August 22, 2022 Council passed a resolution directing staff to undertake a review of Chapter
739 of the City of Kitchener Municipal Code, to determine whether to amend the by-law to restrict
the use of fireworks to only the day of Celebration rather than the day before and the day after
the noted holiday.
-law allows fireworks to be displayed on Victoria Day, Canada
Day and Diwali and the days immediately preceding or succeeding each of these three
celebration days. The by-law is currently silent on the time of day which fireworks can be
displayed.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
In addition to the review requested by Council, staff felt this would be an appropriate time to
review Chapter 544 Fireworks and Vendors, merge the two by-laws into one and advise Council
of the transfer of duties to Fire Prevention staff from Licensing.
REPORT:
Staff have seen an increase in the number of complaints related to fireworks over the last several
years. The increase in complaints began through the pandemic as more people were home and
while public fireworks displays were cancelled to conform with provincial regulations. Most
complaints received are related to disturbances late in the evening and the noise related to those
disturbances. Staff also receive concerns regarding the number of days we allow fireworks, and
fireworks being set off without permission in public spaces such as parks, schools, parking lots,
etc.
Staff have provided a chart below to show the increased number of calls over the past five years.
The total numbers provided in the chart may not be completely reflective of the total complaints
as staff and Council will often receive complaints through email or by phone after the fact which
would not be captured in these totals.
Number of complaints related to Fireworks:
2018 2019 2020 2021 2022
58 65 148 203 170
Complaints involving fireworks are difficult to enforce. While there is an expectation that
enforcement staff should address these quickly, people will often disperse once the fireworks
are launched, or complaints are described as being in the vicinity within a neighbourhood,
without a specific address being provided. In addition, firework displays typically do not last
longer than a few minutes, therefore when staff are dispatched and respond to a complaint the
display is often over and staff is unable to locate where the concern was occurring.
As part of our review, staff engaged with our neighbouring municipalities and completed a local
municipal scan of what they permit:
Municipality Permitted Timing
Waterloo 1 day before and 1 day after Canada Day
and Victoria Day. During the recognized
duration of the holidays Lunar New Year
and Diwali. Permitted until 11pm on
permitted days.
Cambridge Victoria Day, Canada Day and Diwali. In the
event of inclement weather, any day within
two days after.
Woolwich Not permitted without a permit
Wellesley Victoria Day, Civic Holiday and Labour Day
any of the three days during those
weekends. Canada Day day before and
day after.
Wilmot Victoria Day, Canada Day, Diwali, Lunar
New Year and the day immediately before
and after each of the days observed.
North Dumfries Permitted the day before and after Victoria
Day and Canada Day. Permitted until
10:15pm on permitted days.
The chart demonstrates a variety of different approaches and times for the allowance of
fireworks, with the exception of Woolwich which does permit fireworks however residents are
required to obtain a permit prior. The recommended changes being proposed will be more
restrictive than most of our neighbouring municipalities, for that reason, it is important to note
Kitchener residents may still hear fireworks particularly in subdivisions situated close to
Staff are recommending a reduction to the number of permitted days in which fireworks can be
set off and allowing them only on the day of Victoria Day, Canada Day and Diwali. Staff are also
recommending the addition of a time to the by-law and only permitting fireworks until 11pm on
the approved days. Limiting the number of days when fireworks can be used provides a balance
to the community which allows for safe family enjoyment while adding some restrictions to
address the nuisance concerns.
In addition to this review, staff looked at administrative efficiencies that would streamline
processes and inspections by combining both Chapter 739 and Chapter 544 (Vendors Selling
Fireworks) into one Chapter.
The licensing of fireworks vendors has historically been administered by Licensing Services
which required a secondary licence for the sale of fireworks. However, the inspections have
always been done by a Fire Prevention Officer. As all vendors are already required to possess
abusiness licence to operate, this secondary licence was determined to be better administered
as a fire safety permit under Fire. This change has a neutral-to-slight increase effect in Fire and
would eliminate duplication and confusion for the customer.
Administrative changes to this by-law permit the Fire Chief to implement a ban on fireworks use
for fire safety or environmental reasons. This will allow the Fire Chief to address problematic
issues seen recently in other municipalities, related to fireworks use.
Staff do not recommend banning the sales of Fireworks, as they are broadly available for sale
throughout the year in neighbouring communities. Both Waterloo and Cambridge permit sales
the week preceding. Fireworks are available for purchase and delivery year-round. Fireworks
are too readily available, and staff do not have enough staff resources to meaningfully enforce
an outright ban.
Changes to the permitting of fireworks and pyrotechnic display permits remains largely
stated than in previous by-laws.
The by-law exempts the following classes of fireworks as defined in the Explosives Act:
model rocket motors when used in conformance with the by-law,
Christmas crackers, and
Sparklers containing less than 2mg of explosive material.
This means these items may be offered for sale by any retailer throughout the year.
STRATEGIC PLAN ALIGNMENT:
This report supports Great Customer Service.
FINANCIAL IMPLICATIONS:
The implications are neutral. No change to fees are envisioned. The fees will be moved from
Licensing to Fire in the User Fee Schedule. Vendors licensed as of Victoria Day 2023 will not
see any additional fees upon the transfer of administration from Licensing to Fire.
COMMUNITY ENGAGEMENT:
All vendors have had the changes discussed with them and direct administration of fireworks
sales is currently being done by Fire.
INFORM
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
Chapter 739 was brought to Council in September 2016, with minor updates allowing
the sale of fireworks during Diwali.
Chapter 544 was first brought to Council in February 2010.
APPROVED BY: MICHAEL MAY, DCAO