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HomeMy WebLinkAboutChapter 739 - Fireworks and FirecrackersKITCHENER 739.1 FEBRUARY 2024 PROTECTION Chapter 739 FIREWORKS AND FIRECRACKERS Article 1 INTERPRETATION 739.1.1 Act - defined 739.1.2 Canada Day - defined 739.1.3 City - defined 739.1.4 Consumer Fireworks - defined 739.1.5 Corporation- defined 739.1.6 Display Firework - defined 739.1.7 Diwali - defined 739.1.8 Fire Chief - defined 739.1.9 Firecracker - defined 739.1.10 Fireworks - defined 739.1.11 Fireworks Display - defined 739.1.12 Fireworks Permit - defined 739.1.13 Fireworks Vendor’s Permit - defined 739.1.14 Fireworks Supervisor - defined 739.1.15 Flame Effects - defined 739.1.16 Officer - defined 739.1.17 Permanent Vendor - defined 739.1.18 Provincial Offences Act - defined 739.1.19 Pyrotechnics - defined 739.1.20 Sky Lantern - defined 739.1.21 Temporary Vendor - defined 739.1.22 Victoria Day - defined 739.1.23 Woodlands - defined 739.1.24 Administrative Penalty By-law - defined FIREWORKS & FIRECRACKERS KITCHENER 739.2 FEBRUARY 2024 739.1.25 Designated provision - defined Article 2 FIRECRACKERS AND SKY LANTERNS 739.2.1 Selling - prohibited 739.2.2 Setting off - prohibited Article 3 FIREWORKS 739.3.1 Selling - restricted - certain days 739.3.2 Selling - person under eighteen (18) - prohibited 739.3.3 Selling - permitted - display of Chapter Article 4 USE OF FIREWORKS 739.4.1 Setting off - private property - restrictions 739.4.2 Setting off - Corporation - consent 739.4.3 Setting off - 150 meters 739.4.4 Setting off - persons 739.4.5 Setting off - building - tent - canvas shelter - motor home 739.4.6 Setting off - dry undergrowth - dry grass 739.4.7 Display - window - shops 739.4.8 Model rocket motors - limits 739.4.9 Setting off - risk of fire - environmental harm Article 5 FIREWORKS DISPLAYS 739.5.1 Display - fireworks - permit 739.5.2 Display - fireworks - conditions 739.5.3 Permit issue - may include public park - consent FIREWORKS & FIRECRACKERS KITCHENER 739.3 FEBRUARY 2024 739.5.4 Permit issue - conditions 739.5.5 Permit issue - conditions 739.5.6 Insurance - minimum limits - coverage - timeframe - certificate 739.5.7 Indemnification - liability 739.5.8 Administrative Penalty By-law - application 739.5.9 Administrative Penalty By-law - noticed of contravention 739.5.10 Provincial Offences Act 739.5.11 Non-payment Article 6 VENDOR PERMITS 739.6.1 Permit 739.6.2 Conditions 739.6.3 Selling - conditions - Permanent Vendors 739.6.4 Selling - conditions - Temporary Fireworks Vendors 739.6.5 Permit issue - details Article 7 ENFORCEMENT 739.7.1 Inspection 739.7.2 Permit - revocation 739.7.3 Inspection - land entry - authorization 739.7.4 Inspection - powers Article 8 OFFENCE 739.8.1 Person - conviction - fine 739.8.2 Corporation - conviction - fine Article 9 ENACTMENT 739.9.1 Declaration - intention FIREWORKS & FIRECRACKERS KITCHENER 739.4 FEBRUARY 2024 739.9.2 By-law repealed 739.9.2 Municipal Code - Chapter 739 Article 1 INTERPRETATION 739.1.1 Act - defined "Act” means the Explosives Act, R.S.C 1985, Chapter E-17, and any Regulations enacted thereunder as amended from time to time or any Act and Regulations enacted in substitution therefore. 739.1.2 Canada Day - defined "Canada Day" shall mean July 1st. 739.1.3 City - defined "City" includes any place within the limits of the City of Kitchener. 739.1.4 Consumer Fireworks - defined "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. 739.1.5 Corporation - defined "Corporation" means The Corporation of the City of Kitchener. 739.1.6 Display Firework - defined "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. 739.1.7 Diwali - defined "Diwali" shall mean the third day of the South Asian Diwali Festival on which the main Diwali celebrations, including Fireworks, normally take place. 739.1.8 Fire Chief - defined FIREWORKS & FIRECRACKERS KITCHENER 739.5 FEBRUARY 2024 "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. 739.1.9 Firecracker - defined "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. 739.1.10 Fireworks - defined "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. 739.1.11 Fireworks Display - defined "Fireworks Display" means the setting off of Fireworks but shall not include the setting off of Consumer Fireworks when done on land belonging to q 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. 739.1.12 Fireworks Permit - defined "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. 739.1.13 Fireworks Vendor’s Permit - defined "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. FIREWORKS & FIRECRACKERS KITCHENER 739.6 FEBRUARY 2024 739.1.14 Fireworks Supervisor - defined "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. 739.1.15 Flame Effects - defined "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. 739.1.16 Officer - defined "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. 739.1.17 Permanent Vendor - defined "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. 739.1.18 Provincial Offences Act - defined “Provincial Offences Act” means the Provincial Offences Act, R.S.O. 1990,c. P.33. 739.1.19 Pyrotechnics - defined "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. 739.1.20 Sky Lantern - defined "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. 739.1.21 Temporary Vendor - defined "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. 739.1.22 Victoria Day - defined "Victoria Day" means the Monday preceding May 25th. 739.1.23 Woodlands - defined FIREWORKS & FIRECRACKERS KITCHENER 739.7 FEBRUARY 2024 “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) 500trees 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. 739.1.24 Administrative Penalty By-law - defined “Administrative Penalty By-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. 739.1.25 Designated provision - defined “designated provision” means any section of this Chapter designated in accordance with Article 5.” Article 2 FIRECRACKERS AND SKY LANTERNS 739.2.1 Selling - prohibited No person shall offer for sale or sell any Firecracker or Sky Lantern in the City. 739.2.2 Setting off - prohibited No person shall set off or launch any Firecracker or Sky Lantern in the City. Article 3 FIREWORKS 739.3.1 Selling - restricted - certain days 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. 739.3.2 Selling - person under eighteen (18) - prohibited No person shall sell any Fireworks in the City to anyone under eighteen (18) years of age. 739.3.3 Selling - permitted - display of Chapter 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. Article 4 USE OF FIREWORKS FIREWORKS & FIRECRACKERS KITCHENER 739.8 FEBRUARY 2024 739.4.1 Setting off - private property - restrictions 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 11pm, (b) Canada Day until 11pm, and (c) Diwali until 11pm. 739.4.2 Setting off - Corporation - consent 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. 739.4.3 Setting off - 150 meters 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 section 739.4.3(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. 739.4.4 Setting off - persons 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. 739.4.5 Setting off - building - tent - canvas shelter - motor home 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. 739.4.6 Setting off - dry undergrowth - dry grass No person shall set off any Fireworks in an area containing dead undergrowth or dry grass. 739.4.7 Display - window - shops No person shall exhibit any live Fireworks in any window of any store or shop in the City. 739.4.8 Model rocket motors - limits 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. FIREWORKS & FIRECRACKERS KITCHENER 739.9 FEBRUARY 2024 739.4.9 Setting off - risk of fire - environmental harm 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. Article 5 FIREWORKS DISPLAYS 739.5.1 Display - fireworks - permit No person shall hold a Fireworks Display in the City except under a permit issued by the Fire Chief under authority of this Chapter. 739.5.2 Display - fireworks - conditions Every person holding a Fireworks Display in the City shall do so in accordance with the applicable conditions set out in this Chapter. 739.5.3 Permit issue - may include public park - consent A permit issued under this Chapter may include consent to hold the Fireworks Display in a public park. 739.5.4 Permit issue - conditions 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. 739.5.5 Permit issue - conditions 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 necessary for fire and public safety; and each Fireworks Permit shall include: (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; FIREWORKS & FIRECRACKERS KITCHENER 739.10 FEBRUARY 2024 (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 (l) 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. 739.5.6 Insurance - minimum limits - coverage - timeframe - certificate 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. 739.5.7 Indemnification - liability 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. 739.5.8 Administrative Penalty By-law - application Articles 2 and 3 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 739.5.9 Administrative Penalty By-law - notice of contravention Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 739.5.10 Provincial Offences Act FIREWORKS & FIRECRACKERS KITCHENER 739.11 FEBRUARY 2024 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 739.5.11 Non-payment Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 739.5.9. Article 6 VENDOR PERMITS 739.6.1 Permit No person shall sell Fireworks in the City except under a permit issued therefore by the Fire Chief under the authority of this Chapter. 739.6.2 Conditions 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. 739.6.3 Selling - conditions - Permanent Vendors 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 FIREWORKS & FIRECRACKERS KITCHENER 739.12 FEBRUARY 2024 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; 739.6.4 Selling - conditions - Temporary Fireworks Vendors 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; (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; 739.6.5 Permit issue - details 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. Article 7 ENFORCEMENT 739.7.1 Inspection The Fire Chief may inspect without prior notice at any reasonable time a location from FIREWORKS & FIRECRACKERS KITCHENER 739.13 FEBRUARY 2024 which Fireworks are being stored, sold, displayed, or otherwise used or held. 739.7.2 Permit - revocation 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. 739.7.3 Inspection - land entry - authorization 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. 739.7.4 Inspection - powers For the purposes of an inspection pursuant to this Chapter, an Officer may: (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. Article 8 OFFENCE 739.8.1 Person - conviction - fine 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. 739.8.2 Corporation - conviction - fine 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. Article 9 ENACTMENT 739.9.1 Declaration - intention 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. FIREWORKS & FIRECRACKERS KITCHENER 739.14 FEBRUARY 2024 739.9.2 By-law repealed By-law 2016-091 and the contents of Chapters 544 and 739 are hereby repealed as of May 8, 2023 and By-law 2023-059 comes into force and effect on May 8, 2023. 739.9.3 Municipal Code - Chapter 739 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. By-law No. 87-170, 17 August 1987; By-law No. 94-77, 25 April 1994; By-law No. 2000- 103, 19 June 2000; By-law No. 2016-091, 26 September 2016; By-law No. 2023-059, 8 May 2023; By-law No. 2024-015, 22 January 2024.