2012-067 Fireworks By-law - office consolidationOffice Consolidation — December 16, 2013
By -law No. 2012 -067, as amended by By -law No. 2013 -226
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2012 -067
A By -Law to Regulate, License and Permit the Sale and Discharge of Fireworks
within the Township of Oro - Medonte
And to Repeal By -law Nos. 2009 -023 and 2009 -059
(Fireworks By -law)
WHEREAS the Explosives Act, R.S.C.1985, c. E -17, an act respecting the manufacture,
testing, sale, storage, transportation and importation of explosives and the use of
fireworks.
AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
enables a municipality to enact By -laws for the purpose of business licensing;
AND WHEREAS Part IV of the Municipal Act, S.O. 2001, c. 25, as amended, provides
for Licenses;
AND WHEREAS Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
authorize a municipality to license, regulate and govern businesses within the
municipality;
AND WHEREAS Section 121, subsection (a) of the Municipal Act, 2001, S.O. 2001,
c.25, as amended, provides that a local municipality may prohibit and regulate the sale
of fireworks and the setting off of fireworks;
AND WHEREAS Section 121, subsection (b) of the Municipal Act, 2001, S.O. 2001,
c.25, as amended, provides that a municipality may prohibit the sale of fireworks and
the setting off of fireworks unless a permit is obtained from the municipality for those
activities and may impose conditions for obtaining, continuing to hold and renewing the
permit, including requiring the submission of plans.
THEREFORE the Council of the Corporation of the Township of Oro - Medonte hereby
enacts as follows:
1. That Appendix "A" and Schedules "A ", "B ", "C ", "D" and "E" attached hereto, form
part of this By -law.
2. This By -law shall be cited as "The Township of Oro - Medonte Fireworks By -law."
3. That By -law Nos. 2009 -023 and 2009 -059 are hereby repealed in their entirety.
4. Persons selling fireworks within the geographical boundaries of the Township of
Oro - Medonte shall be licensed in accordance with the provisions of this By -law
no later than June 1, 2012
5. This By -law shall come into full force and effect on the date of its final passing.
BY -LAW NO. 2012 -067 AS CONSOLIDATED.
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By -law No. 2012 -067, as amended by By -law No. 2013 -226
Appendix "A"
1.0 DEFINITIONS
"Chief Fire Official" means the Fire Chief for the Township of Oro - Medonte and /or
their designate.
"Consumer Fireworks" means outdoor low hazard fireworks generally used for
recreational purposes and commonly known as showers, fountains, wheels, sparklers,
roman candles, volcanoes, mines and snakes.
"Discharge" means the firing, igniting, exploding and setting off of fireworks.
"Display Fireworks" means high hazard fireworks generally used for community
celebrations and known as bombshells aerial shells, large wheels and bombardons.
"Dwelling Unit" means one or more habitable rooms, designed or intended for use by
an individual or family, as an independent and separate housekeeping establishment in
which separate kitchen and sanitary facilities are provided, for the exclusive use of such
individual or family, with a private entrance from outside the building or from a common
hallway or stairway inside the building.
"Firecracker" means a class of fireworks which when ignited explodes with little or no
visual effects, but does not include caps for toy guns or Christmas crackers.
"Fireworks" means a substance that is made, manufactured or used to produce an
explosion or detonation or a pyrotechnic device and includes fireworks composition and
manufactured fireworks.
"Flying lantern" means a sky lantern, also known as Kongming lantern or Chinese
lantern, is a small hot air balloon made of paper, with an opening at the bottom where a
small fire is suspended such that the lantern will rise and float while ignited.
"License" means a license issued pursuant to this By -law.
"Motor Vehicle" means an automobile, motorcycle, motor - assisted bicycle unless
otherwise indicated in the Highway Traffic Act, as amended, and any other vehicle
propelled or driven otherwise than by muscular power.
"Officer" means a Municipal Law Enforcement Officer, Police Officer or a Chief Fire
Official.
"Owner" means any person, firm or corporation having control over any portion of the
building or property under consideration and includes the person in the building or
property.
"Permit" means a permit issued pursuant to this By -law.
"Sell" means to offering for sale, causing or permitting to be sold and possessing for
the purpose of sale.
"Township" means the Corporation of the Township of Oro - Medonte.
2.0 GENERAL REGUALTIONS
2.1 No person shall discharge fireworks when a fire ban is in effect in the
Township.
2.2 No person shall discharge fireworks on any Municipal property without
written consent from the Township.
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By -law No. 2012 -067, as amended by By -law No. 2013 -226
2.3 No person shall discharge consumer fireworks on any day during the year
without first obtaining a permit to do so.
2.4 Notwithstanding Section 2.3, a permit is not required to discharge
fireworks on Victoria Day, Canada Day, New Year's Eve and New Year's
Day for consumer fireworks provided all other provision of the By -law are
met.
2.5 No person under the age of 18 years of age shall purchase, discharge,
fire, set off, or cause to be set off any consumer fireworks.
2.6 No person shall discharge any consumer fireworks in a manner that might
create a danger or nuisance to any person or property.
2.7 Consumer fireworks being discharged on New Year's Eve shall only be
set off between dusk and 1:00 a.m. the following day.
2.8 Consumer fireworks being discharged on any other day of the year shall
only be set off between dusk and 11:00 p.m.
2.9 No person shall ignite a sky lantern within the Township.
3.0 FIRECRACKERS
3.1 No person shall sell, offer for sale, buy or offer to buy firecrackers.
3.2 No person shall discharge any firecrackers within the geographical
boundaries of the Township.
4.0 SALE OF FIREWORKS
4.1 No person shall advertise the sale of, display or sell fireworks without first
obtaining a license from the Township.
4.2 Every person who applies for a license shall do so on the application form
prescribed in Schedule "B" of this By -law, forms shall be submitted to the
Township along with the following, prior to the issuance of the
license:
4.2.1 The appropriate fee as set out in Schedule "A" of this By -law.
4.2.2 A list of all firework products being stored and offered for sale.
4.2.3 Written permission from the owner of property where the fireworks
are being stored and offered for sale.
4.3 Where fireworks are offered for sale by any person, the person who is
causing, offering or permitting the sale or distribution of consumer
fireworks shall ensure that:
4.3.1 The fireworks are included on the most recent list of authorized
explosives as published from time to time by the Explosive Branch
of the Department of Natural Resources (Canada) or it successor.
4.3.2 The fireworks shall be displayed pursuant to the Explosives Act
R.S.C.1985, c. E -17.
4.3.3 The fireworks are displayed in such a manner that they are not
accessible as a self -serve item;
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By -law No. 2012 -067, as amended by By -law No. 2013 -226
4.3.4 The storage and handling of fireworks for sale must comply with the
Explosives Act, R.S.C. 1985 c. E -17. Such storage and handling
shall be subject to inspection by an Officer.
4.3.5 A notice clearly posted as outlined in Schedule "E" informing the
customer of the general regulations of the Township's Fireworks
By -law.
4.4 Fireworks shall not be offered, caused or permitted to be sold from an
outdoor stand, tent, unenclosed trailer, portable structure or motor vehicle.
4.5 Property for which the fireworks are being offered for sale must be zoned
Commercial in accordance with the Township's Zoning By -law.
4.6 A license to offer for sale or sell consumer fireworks pursuant to this By-
law shall be good for a period from January 1 to December 31 each year.
4.7 Persons selling fireworks shall be 18 years of age or older.
4.8 No person shall sell, offer for sale, buy or offer to buy a sky lantern.
5.0 DISCHARGE CONSUMER FIREWORKS
5.1 Any person wishing to discharge consumer fireworks on Victoria Day,
Canada Day, New Year's Eve, and New Year's Day are exempt from
obtaining a permit from the Township under the provision of this By -law.
5.2 No person shall discharge consumer fireworks on any day or days other
than those noted in Section 5.1 during the year, unless an approved
permit has been obtained from the Township.
5.3 Every person who applies for a permit shall do so on the application form
prescribed in Schedule "C" of this By -law, forms shall be submitted not
less than ten (10) calendar days prior to the proposed event. The
application shall include the following information:
5.3.1 The appropriate fee as set out in Schedule "A" of this By -law.
5.3.2 A site plan drawing to approximate scale showing the direction of
the proposed firing /discharge of the consumer fireworks, buildings
and /or structures, overhead obstructions and any other features as
required by the Township.
5.3.2 A statement of intent describing the nature of the event including
the time schedule of events, details on the type, size and number of
consumer fireworks to be used.
5.4 Consumer fireworks being discharged on New Year's Eve shall only be
set off between dusk and 1:00 a.m. of the following day.
5.5 Consumer fireworks being discharged on any other day of the year shall
only be set off between dusk and 11:00 p.m.
5.6 No person under the age of eighteen (18) years of age shall discharge
consumer fireworks.
5.7 No person shall discharge any fireworks in a manner that might
create a danger to any person or property. The person discharging
consumer fireworks shall be responsible for reviewing the manufacturer's
specifications and instructions.
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By -law No. 2012 -067, as amended by By -law No. 2013 -226
5.8 Fireworks shall not be discharged in, on or into any building, structure or
motor vehicle.
5.9 No person shall discharge any fireworks on any land whatsoever, except
on land registered to the person discharging the fireworks, or on other
privately owned land where the written consent of the registered has been
obtained.
5.10 Only fireworks authorized pursuant to the Explosive Act R.S.C. 1985 c. E-
17, and regulations under the act, may be discharged.
5.11 The Township reserves the right to impose specific conditions on any
permit issued pursuant to this By -law.
6.0 DISCHARGE DISPLAY FIREWORKS
6.1 No person shall hold a display of or discharge display fireworks without
obtaining a permit from the Township prior to the event(s).
6.2 Only persons who hold a valid certificate issued by the Explosives
Regulatory Division of Natural Resources Canada shall be permitted to
discharge display fireworks, provided proof of a valid certificate is provided
at the time of the request for such permit.
6.3 Every person who applies for a permit shall do so on the application form
prescribed in Schedule "D" of this By -law, forms shall be submitted not
less than thirty (30) calendar days prior to the proposed event. The
application shall include the following information:
6.3.1 The appropriate fee as set out in Schedule "A" of this By -law.
6.3.2 A site plan drawing to approximate scale showing the direction of
the proposed firing /discharge of the display fireworks, spectator
viewing area, separation distances, positioning of ramps and
mortars, significant ground features, public right of ways, buildings
and /or structures, overhead obstructions, parking areas and any
other features as required by the Township.
6.3.3 A statement of intent describing the nature of the event including
the time schedule of events, attendance estimates, crowd control
measures, emergency responders, details on the type, size and
number of display fireworks to be used, firing procedures and
emergency response.
6.3.4 Written permission from the owner of the property where the
display is to be held.
6.3.5 Proof of insurance with a minimum of five million ($5,000,000)
dollars liability insurance provided for the event and the Township
named as an additional insured.
6.3.6 The storage and handling of fireworks shall comply with the
Explosives Act, R.S.C. 1985 c. E -17. Such storage and handling
shall be subject to inspection by an Officer.
6.4 The Township reserves the right to impose specific conditions on any
permit issued pursuant to this By -law.
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By -law No. 2012 -067, as amended by By -law No. 2013 -226
7.0 ENTRY AND INSPECTION
7.1 For the purpose of determining compliance with this By -law, every person
who requests a permit to discharge or a license to sell fireworks shall
permit an Officer to inspect to ensure compliance prior to the issuance of
such permit or license.
7.2 An Officer may at any time, enter onto lands or in any building for the
purpose of determining compliance with the By -law and the Explosive Act,
R.S.C. 1985 c. E -17.
7.3 Every owner shall permit the Officer to inspect any land or buildings for the
purpose of determining compliance with this By -law and the Explosive Act,
R.S.C. 1985 c. E -17.
7.4 Notwithstanding any provision of this By -law, an Officer shall not enter or
remain in any room or place actually being used as a dwelling, unless:
7.4.1 The consent of the occupier is obtained, the occupier first having
been informed that the right of entry may be refused and, if refused,
may only be made under the authority of a warrant issued under
the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
7.4.2 A warrant issued under the Provincial Offences Act, R.S.O. 1990,
c.33, as amended is obtained.
8.0 OFFENCES
8.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer exercising a power or performing a duty under this By -law. Any
person who is alleged to have contravened any of the provisions of this
By -law shall identify themselves to the Officer upon request, failure to do
so shall be deemed to have obstructed or hindered the Officer in the
execution of their duties.
8.2 Any person who contravenes any of the provisions of this By -law may be
charged with an offence and upon conviction shall be liable to a fine as
provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended.
9.0 FEES
9.1 The fees for licensed and permits pursuant to this By -law shall be set in
Schedule "A ".
9.2 Where the Fire and Emergency Services Department is required to attend
a call to extinguish a fire that has resulted from the discharge of any
fireworks, the owner shall be responsible to pay all damages or any fees
as set out in the Township's current Fees and Charges By -law.
10.0 ADMINISTRATION AND ENFORCEMENT
10.1 An Officer is hereby vested with the authority of enforcing the provisions of
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By -law No. 2012 -067, as amended by By -law No. 2013 -226
this By -law.
10.2 Any permit or license issued under the provision of this By -law may be
revoked prior to the expiration for any breach of the provisions of this By-
law or any other applicable law.
Schedule "A " -By -law No. 2012 -067
FIREWORKS FEES
• License to Sell Fireworks $ 300.00
(The fee includes application and initial inspection fee)
• Permit to Discharge Display Fireworks $ 150.00
(The fee includes application and initial inspection fee)
• Permit to Discharge Consumer Fireworks $ 50.00
Additional Inspection fees, pursuant to the Fees and Charges By -law, may be
charged for inspections done above and beyond the initial inspection of a permit
for display fireworks or when a licensed fireworks vendor is found to be in
contravention of the provisions of this By -law, and has not resolved all noted
deficiencies prior to the deadline established in the notice of contravention.
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_ Schedule "B "- By -law No. 2012 -067
Townshi p Of Oro - Medonte SELLING CONSUMER FIREWORKS
Township of
Municipal Law Enforcement Division
Proud Heritage, Exciting Future (705) 487 -2171
APPLICATION FOR THE SELLING OF FIREWORKS
Include with completed application:
• Applicable permit fee payment of $300.00
• Written Permission from the property owner.
• List of Fireworks Being Offered for Sale
Business Information
Approvals (office use only)
Fire Date
Planning Date
Name of Company Name of Principle(s) of Company Check One: Individual
Corporation
Partnership
Business Address (Street Number and Name) City Province Postal Code
Phone Number Fax Number E -mail Address
Applicant Information
First Name
Phone Number
Proposed Business Location
Last Name
Fax Number
Statement of Fact — Important — Please read carefully
Title (Mr. /Mrs. /etc)
E -mail Address
Owner of Land (include address)
Birth Date (dd /mm /yyyy
I make the following statement of fact:
1. The information set forth in this application is true, accurate and in all material respects complete.
2. 1 am aware that if a license is granted I will carry on my business in compliance with the requirements of By -law No. 2012 -067 and any
other relevant statute or act.
3. 1 am aware that a false Statement of Fact may result in the application for a license being refused.
This Statement of Fact was made on this day of
Signature of Applicant
20
Personal information contained in this form is collected under the authority of the Municipal Act, 2001, Chapter 25, as amended, and will only be
used for the purposes for which it was collected. Questions about this collection of information should be directed to the Municipal Law
Enforcement Department, 148 Line 7S., Box 100 Oro, Ontario LOL 2X0 Phone: 705 - 487 -2171, Fax: 705 - 487 -0133.
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Schedule "C "- By -law No. 2012 -067
Township of
Townshi p of Oro - Medonte CONSUMER FIREWORKS PERMIT
Municipal Law Enforcement Division (DISCHARGE)
Proud Heritage, Exciting Future (705) 487 -2171
APPLICATION FOR THE DISCHARGE OF CONSUMER FIREWORKS
Include with completed application:
• Applicable permit fee payment of $50.00
• Written Permission from the property owner.
• Site Plan Drawing /Description of Event
Date of Event:
Applicant Information
First Name
Last Name
Home Address (Street Number and Name)
Start Time:
Approvals (office use only)
Fire Date
End Time:
Title (Mr. /Mrs. /etc) Birth Date (dd /mm /yyyy)
City Province Postal Code
I I I
Phone Number Fax Number E -mail Address
I I
Proposed Location of Discharge Owner of Land (include address)
Details of Event:
Statement of Fact — Important — Please read carefully
I make the following statement of fact:
4. The information set forth in this application is true, accurate and in all material respects complete.
5. 1 am aware that if a permit is granted I will comply with the requirements of By -law No. 2012 -067 and any other relevant statute or act.
6. 1 am aware that a false Statement of Fact may result in the application for a permit being refused.
This Statement of Fact was made on this day of , 20
Signature of Applicant
Personal information contained in this form is collected under the authority of the Municipal Act, 2001, Chapter 25, as amended, and will only be
used for the purposes for which it was collected. Questions about this collection of information should be directed to the Municipal Law
Enforcement Department, 148 Line 7S., Box 100 Oro, Ontario LOL 2X0 Phone: 705 - 487 -2171, Fax: 705 - 487 -0133.
Page 9 of 11
Schedule "D "- By -law No. 2012 -067
Township of
Townshi p of Oro - Medonte DISPLAY FIREWORKS PERMIT
Municipal Law Enforcement Division (DISCHARGE)
Proud Heritage, Exciting Future (705) 487 -2171
APPLICATION FOR THE DISCHARGE OF DISPLAY FIREWORKS
Include with completed application:
• Applicable permit fee payment of $150.00
• Written Permission from the property owner.
• Proof of $5 million liability insurance
• Site Plan Drawing /Description of Event
• Copy of Supervisors Certificate
Date of Event
Applicant Information
First Name Last Name
Start Time:
Phone Number Fax Number
Supervisor's Certificate Number Class
Proposed Location of Discharge
Statement of Fact — Important — Please read carefully
I make the following statement of fact:
Approvals (office use only)
Fire Date
Planning Date
Transportation Date
End Time:
Title (Mr. /Mrs. /etc)
E -mail Address
Issued (dd /mm /yyyy)
(Owner of Land (include address)
Birth Date (dd /mm /yyyy)
Expires (dd /mm /yyyy)
7. The information set forth in this application is true, accurate and in all material respects complete.
8. 1 am aware that if a permit is granted I will comply with the requirements of By -law No. 2012 -067 and any other relevant statute or act.
9. 1 am aware that a false Statement of Fact may result in the application for a license being refused.
This Statement of Fact was made on this day of , 20
Signature of Supervisor
Personal information contained in this form is collected under the authority of the Municipal Act, 2001, Chapter 25, as amended, and will only be
used for the purposes for which it was collected. Questions about this collection of information should be directed to the Municipal Law
Enforcement Department, 148 Line 7S., Box 100 Oro, Ontario LOL 2X0 Phone: 705 - 487 -2171, Fax: 705 - 487 -0133.
Page 10 of 11
Schedule "E " -By -law No. 2012 -067
General Regulations of the Township's Fireworks By -law
a. No person shall discharge fireworks when a fire ban is in effect in the Township.
b. No person shall discharge fireworks on any Municipal property without the written
consent from the Township.
C. No person shall discharge consumer fireworks on any day during the year
without first obtaining a permit to do so.
d. Notwithstanding Section 2.3, a permit is not required to discharge fireworks on
Victoria Day, Canada Day, New Year's Eve and New Year's Day for
consumer fireworks provided all other provision of the By -law are met.
e. No person under the age of 18 years of age shall purchase, discharge, fire, set
off, or cause to be set off any consumer fireworks.
f. No person shall discharge any consumer fireworks in a manner that might create
danger or nuisance to any person or property.
g. Consumer fireworks being discharged on New Year's Eve shall only be set off
between dusk and 1:00 a.m. the following day.
h. Consumer fireworks being discharged on any other day of the year shall only be
set off between dusk and 11:00 p.m.
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