HomeMy WebLinkAboutBy-law No. 2023-059 - Repeal and Replace Chapters 544 and 739 of the Municipal Code with Respect to Fireworks and FirecrackersBY-LAW NUMBER 2023-059
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to repeal and replace Chapters 544 and 739
of The City of Kitchener Municipal Code with respect to
Fireworks and Firecrackers).
WHEREAS it is deemed expedient to exercise the powers conferred on Council by
the Municipal Act, 2001, S.O. 2001, c.25;
AND WHEREAS Council has determined that the unregulated sale and discharge
of Fireworks may create a safety hazard for the inhabitants;
AND WHEREAS Council has determined that the unregulated sale and discharge
of Fireworks and Firecrackers could cause a public nuisance;
AND WHEREAS Council has determined that regulating the sale and setting off of
Fireworks and Firecrackers within the City decreases both safety and nuisance concerns;
AND WHEREAS it is deemed efficient to consolidate the responsibility of issuing all
permits in relation to the sale and discharge of Fireworks and similar substances to the
Fire Chief;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts
as follows:
In this by-law:
1� "Act" means the Explosives Act, R.S.0 1985, Chapter E-17, and any
Regulations enacted thereunder as amended from time to time or any Act
and Regulations enacted in substitution therefore.
(b) "Canada Day" shall mean July 1St
c;c) "City" includes any place within the limits of the City of Kitchener.
(d) "Consumer Firework" means low hazard Fireworks generally used for
recreation, which may be classified as type F.1 explosives under the Act,
including but not limited to: showers, golden rain, lawn lights, pinwheels,
roman candles, and volcanoes, but does not include Christmas crackers or
sparklers containing less than 2 mg of explosive substance.
(e) "Corporation" means The Corporation of the City of Kitchener.
(f) "Display Firework" means high hazard Fireworks generally used for a
public display, which may be classified as type F.2 explosives under the
Act, including but not limited to: rockets, serpents, shells, bombshells,
tourbillions, maroons, large wheels, bouquets, bombardos, waterfalls,
fountains, batteries, illumination, set pieces and pigeons, but does not
include firecrackers.
t} "Diwali" shall mean the third day of the South Asian Diwali Festival on
which the main Diwali celebrations, including Fireworks, normally take
place. By-law 2016-091, 26 September, 2016.
ih "Fire Chief' means the Chief of the Kitchener Fire Department, or any
officer appointed under him, who holds the position of Assistant to the Fire
Marshal as defined in the Fire Protection and Prevention Act, 1997, S.O.
1997, c. 4.
(i) "Firecracker" includes any article containing a combustible or explosive
substance, or combination of substances, prepared for, capable of, or
discharged for, the purposes of producing solely an explosion or audible
sound and includes cherry bombs, cannon crackers, Firecrackers, mines,
squibs and torpedoes but does not include a Christmas cracker or similar
device.
(j} "Fireworks" shall mean:
(i). any article containing a combustible or explosive composition or
any substance or combination of substances, prepared for, capable
of, or discharged for the purpose of, producing a visual show or effect
which may or may not be preceded by, accompanied with, or
followed by, an explosion or audible sound and shall include
Consumer Fireworks, Display Fireworks, Flame Effects and
Pyrotechnics; or,
(ii). those devices that are regulated under the authority of the Act
and any regulations thereunder.
(iii) Christmas crackers and sparklers containing less than 2mg of
explosive substance are not considered to be "fireworks" for the
purposes of this by-law.
"Fireworks Display" means the setting off of Fireworks but shall not include
the setting off of Consumer Fireworks when done on land belonging to a
private residence by the owner or tenant of such residence or a person
authorized by him/her to do so; provided it is done on the following days:
I. Victoria Day,
II. Canada Day; and
III. Diwali. By-law 2016-091 - 26 September, 2016.
(i "Fireworks Permit" shall mean a permit issued by the Fire Chief
authorizing a Fireworks Display of any class of Firework and shall include
Pyrotechnics and Flame Effects.
(r� "Fireworks Vendor's Permit" shall mean a permit issued by the Fire Chief
authorizing the sale of any class of Firework or pyrotechnic and includes
permits issued to either Temporary or Permanent Vendors.
(n) "Fireworks Supervisor" shall mean a person authorized under the Act, to
utilize certain classes of Fireworks or pyrotechnics and for the purposes of
this by-law may be used interchangeably with pyrotechnician as defined
under the Act.
((�' "Flame Effects" shall mean the combustion of flammable or combustible
solids, liquids, or gases to produce thermal, physical, visual, or audible
phenomena where the effect is intended to be viewed by an audience.
"Officer" means any member of the Kitchener Fire Department, any City
municipal law enforcement officer, any City by-law enforcement officer and
any member of the Waterloo Regional Police Service.
"Permanent Vendor" includes vendors whose primary business function is
the sale of Fireworks or Pyrotechnics and is an activity not undertaken as
an ancillary to their primary function, such as operating a convenience
store, retailer or other commercial activity.
(r) "Provincial Offences Act" means the Provincial Offences Act, R.S.O. 1990,
c. P.33.
(s) "Pyrotechnics" means special effect pyrotechnics classified as F3 under
the Act, but may include other devices or effects, where they are intended
to produce a special effect in a film or television production or a
performance before a live audience.
(t) "Sky Lantern" includes any small hot air balloon or device designed to
carry an open flame as an airborne light and may also be commonly
known as a Kongming lantern, Chinese Lantern, Sky Candle, Fire Balloon
or Sky Balloon.
(�i, "Temporary Vendor" includes the sale of Consumer Fireworks as an
ancillary activity to the primary business conducted in a building or may
also be a vendor intending to sell only Consumer Fireworks from a
building, tent or other temporary location on a property in the City.
(v) "Victoria Day" means the Monday preceding May 25tH
(w) "Woodlands" means land with at least:
(i) 1,000 trees of any size per hectare;
(ii) 750 trees measuring over 5 centimetres in diameter per hectare;
(iii) 500 trees measuring over 12 centimetres in diameter per hectare; or
(iv) 250 trees measuring over 20 centimetres in diameter per hectare.
For the purposes of this definition, all measurements of trees are to be
taken at 1.37 metres from the ground.
Firecrackers and Sky Lanterns
No person shall offer for sale or sell any Firecracker or Sky Lantern in the City.
i, No person shall set off or launch any Firecracker or Sky Lantern in the City.
Fireworks
No person shall sell any Fireworks in the City on any day or days during the year
except on the six business days immediately preceding Victoria Day, Canada
Day, and Diwali provided that nothing in this section shall prevent the sale on any
day for the purpose of a Fireworks Display to a person who is the holder of a
permit for such Fireworks Display issued under this Chapter by the Fire Chief.
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. No person shall sell any Fireworks in the City to anyone under eighteen (18)
years of age.
C. Every person who sells or offers to sell Fireworks from any premises as
permitted by this Chapter shall post a copy of this Chapter in a conspicuous
place upon such premises.
Use of Fireworks
7 Consumer fireworks may only be set off on private property provided all the
setbacks and other requirements of the bylaw are met, on the following days:
a. Victoria Day until 11 pm,
b. Canada Day until 11 pm, and
c. Diwali until 11 pm.
8 No person shall set off any Fireworks on any street, highway or land under the
jurisdiction of the Corporation, or on any property of the Corporation including
public parks, except with the consent of the Corporation.
9. No person shall set off any Fireworks in the City within 150 meters of;
(a) any woodlands;
(b) any place where explosives, gasoline, or other flammable or combustible
substances are manufactured, sold or stored;
(c) any hospital, nursing home, retirement home or home for the aged;
(d) any church, childcare facility, or public, separate, secondary or other school;
(e) Despite 9(d), Pyrotechnics may be used in a church, or a separate,
secondary or other school where a permit for their use has been issued by
the Fire Chief.
10. No person shall set off any Fireworks within 10 meters of any other person or
within such greater distance of any other person as is recommended by the
manufacturer.
No person shall set off any Fireworks within 10 meters or such greater distance
as recommended by the manufacturer of any building, tent, canvas shelter, or
motor home.
No person shall set off any Fireworks in an area containing dead undergrowth or
dry grass.
1'3 No person shall exhibit any live Fireworks in any window of any store or shop in
the City.
'14, The provisions of this Chapter do not limit the use of model rocket motors
regulated by the Act where the motors are being used by hobbyists in a safe and
responsible manner on private lands, where the hobbyist has obtained the
consent of the landowner to use the land for this purpose.
No person shall set off any Firework or class of Fireworks, where the Fire Chief
has declared that the use of Fireworks in the City or part thereof, would present
an undue risk of fire or environmental harm to the community.
Fireworks Displays
6 No person shall hold a Fireworks Display in the City except under a permit issued
by the Fire Chief under authority of this Chapter.
17 Every person holding a Fireworks Display in the City shall do so in accordance
with the applicable conditions set out in this Chapter.
10 A permit issued under this Chapter may include consent to hold the Fireworks
Display in a public park. (By -Law 2000-103, 19 June, 2000.)
1 The following conditions shall apply to the holding of a Fireworks Display under a
permit issued by the Fire Chief pursuant to this Chapter:
(a) The Fireworks Display shall be held by or under the auspices of a club,
association, or group of persons;
(b) The Fireworks Display shall be held at the place and on the date set forth in
the permit;
(c) The Fireworks Display shall be under the supervision of a Fireworks
Supervisor;
(d) The Fire Chief or their designate may request additional information or
impose conditions other than those, required by the Act in order to ensure a
fire safe community; and
(e) A Fireworks Permit may not be issued, where the permit application is
incomplete or the application does not otherwise meet the requirements of
this Chapter or the Act.
20 The Fire Chief may issue a Fireworks Permit on the conditions set forth in this
Chapter, the regulations made under the Act, and other conditions deemed
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necessary for fire and public safety; and each Fireworks Permit shall include.-
(a)
nclude:
(a) The date and time of the proposed Fireworks Display;
(b) The name of the club, association or group to whom the same shall be
issued;
(c) The name, address and phone number of an executive officer or other
responsible person;
(d) The name, address and phone number of the Fireworks Supervisor;
(e) The address in the City where the Fireworks Display is to be held;
(f) A site plan providing a description of the discharge site to be used for the
Fireworks Display;
(g) The emergency procedures;
(h) The manner in which spent Fireworks shall be cleaned from the fireworks
display site;
(i) The manner in which unused Display Fireworks are to be disposed of;
(j) The number of authorized persons on site during the event to handle and
discharge the Display Fireworks;
(k) Proof of certification of the applicant as a Fireworks Supervisor;
(1) A permit fee as set out in the applicable by-law;
(m)Proof of insurance and indemnification in accordance with this Chapter; and
(n) Such other information as may be required by the Fire Chief.
2" The applicant for a Fireworks Permit under this Chapter shall provide and
maintain commercial general liability insurance subject to limits of not less than
five million dollars ($5,000,000) 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
Kitchener as an additional insured thereunder. Such insurance shall include
coverage for Fireworks Displays of Pyrotechnics special effects, Fireworks,
Consumer Fireworks, or Display Fireworks as applicable. Said insurance policy
shall contain an endorsement to provide The Corporation of the City of Kitchener
with ten (10) days' prior written notice of cancellation or of a material change that
would diminish coverage, and a standard City of Kitchener certificate of
insurance evidencing such insurance coverage shall be provided to the City prior
to the issuance of a permit.
22. The applicant for a Fireworks Permit shall indemnify and save harmless The
Corporation of the City of Kitchener from any and all claims, demands, causes of
action, loss, costs or damages that the Corporation may suffer, incur or be liable
for resulting from the performance of the applicant as set out in this Chapter
whether with or without negligence on the part of the applicant, the applicant's
employees, directors, contractors, volunteers, and agents.
{
Vendor Permits
23. No person shall sell Fireworks in the City except under a permit issued therefore
by the Fire Chief under the authority of this Chapter.
The following conditions shall apply to the sale of Fireworks by both Temporary
and Permanent Vendors:
(a) Vendors may not sell Fireworks from a dwelling;
(b) Where more than one vendor location is proposed by an applicant, a separate
Fireworks Vendor's Permit shall be required for each location;
(c) A permit fee shall be payable as set out in the applicable by-law;
(d) The Fire Chief may request additional information or impose conditions other
than those required by the Act and this by-law in order to ensure community
safety;
(e) A Fireworks Vendor's Permit shall not be issued where the applicant has
failed to provide all relevant information required by this Chapter, or the
application does not otherwise meet the requirements of this Chapter;
(f) Where a Fireworks Vendor's Permit has been granted under this Chapter, the
permit shall be displayed in a prominent location visible to the public upon entry
through the principle entrance of the vendor's establishment,
(g) A firework vendor must provide proof of a valid City of Kitchener business
licence, if required, for all temporary or permanent locations, or must provide
proof that the vendor is selling at a location with a City of Kitchener business
licence; and
(h) Prior to any sales of Fireworks, an inspection by the Fire Chief shall be
conducted to determine compliance with this Chapter and applicable law.
25. The following conditions shall apply specifically to the sale of Fireworks by
Permanent Vendors:
(a) Permanent Vendors shall not use their premise for any other purpose than
those directly connected to the sale of Fireworks, which may include Display
Fireworks, Consumer Fireworks, or Pyrotechnics;
(b) Permanent Vendors shall not sell Consumer Fireworks to members of the
public except during those periods authorized by this Chapter;
(c) Permanent Vendors may only sell Display Fireworks or Pyrotechnics to a
Fireworks Supervisor designated pursuant to the Act, -
2 b
ct;
2b The following conditions shall apply specifically to the sale of fireworks by
Temporary Fireworks Vendors:
(a) Temporary Vendors may only sell Consumer Fireworks.
(b) Temporary Vendor shall not sell Consumer Fireworks to the public except
during those periods authorized by this Chapter;
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(c) Temporary Vendors may only sell Consumer Fireworks from a premise or
location approved by the Fire Chief;
(d) Temporary Vendors may only sell Fireworks from a premise or location
owned by the Temporary Vendor or which the Temporary Vendor has
obtained the written permission of the property owner to use the property for
the sale of Fireworks;
(e) Temporary Vendors may not hold, exhibit, or store Fireworks in quantities
greater than 1000Kg
(f) Temporary Fireworks vendors may not hold, exhibit, or store Fireworks in
quantities greater than 100Kg, where the sales establishment is located in a
building containing a dwelling unit;
26. The Fire Chief may issue a Fireworks Vendor Permit on the conditions set forth
in this Chapter, the regulations made under the Act, and other conditions
deemed necessary for fire and public safety; and each permit shall include:
(a) The name of the person, business, club, association or group to whom the
permit is to be issued;
(b) The address in the City from where the Fireworks will be sold;
(c) The name, phone number and address of the person who owns the property
from which Fireworks will be sold;
(d) The name, phone number and address of the person who is responsible for
the selling of Fireworks at the location for which the permit is being issued;
(e) A site plan and detailed layout for any vendor location proposing to conduct
sales or storage from a temporary or mobile structure such as a tent or trailer;
and
(f) A detailed layout of the proposed display configuration for any vendor location
where Fireworks are being sold in any form other than consumer packs.
Enforcement
27 The Fire Chief may inspect without prior notice at any reasonable time a location
from which Fireworks are being stored, sold, displayed, or otherwise used or
held.
2B. Any permit issued under this Chapter may be revoked by the Fire Chief where
the Fire Chief believes said revocation would be in the interest of public safety.
9. An Officer may enter on land at any reasonable time for the purpose of carrying
out an inspection to determine whether this Chapter is being complied with. Entry
to any place being used as a dwelling may be subject to the requirements of the
Municipal Act, 2001. However, this right of entry shall in no way restrict any right
of entry authorized under the Fire Protection and Prevention Act, 1997.
30. For the purposes of an inspection pursuant to this Chapter, an Officer may:
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(a) Require the production for inspection of documents or things relevant to the
inspection:
(b) Inspect and remove document or things relevant to the inspection for the
purpose of making copies or extracts;
(c) Require information from any person concerning a matter related to the
inspection; and
(d) Alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take test, samples or photographs
necessary for the purpose of the inspection.
Offence
31 Every person other than a corporation who contravenes any provision of this
Chapter is guilty of an offence and is liable upon conviction, to a fine not
exceeding $50,000 exclusive of costs, for each offence, recoverable under the
Provincial Offences Act.
;e Every corporation that contravenes any provision of this Chapter is guilty of an
offence and is liable upon conviction, to a fine not exceeding $100,000 exclusive
of costs, for each offence, recoverable under the Provincial Offences Act.
Administrative
., It is hereby declared that each of the foregoing sections of this Chapter is
severable and that, if any provisions of this Chapter should for any reason be
declared invalid by any Court, it is the intention and desire of Council that each
and every of the then remaining provisions hereof shall remain in full force and
effect.
34. By-law and the contents of Chapters 544 and 739 are hereby repealed as of
May8 ao nd this by-law comes into force and effect onMme, aoa3
35 The Clerk of the City is hereby directed to make this by-law a part of The City of
Kitchener Municipal Code by adding it to the Concordance and arranging and
numbering it as Chapter 739 so as to fit within the scheme of the Code.
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PASSED at the Council Chambers in the City of Kitchener this 8th day
of May , CE. 2023
P
Mayor
Clerk