Fireworks safety: Know the rules in your area
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Fireworks By-law No. 2003 - 237
A by-law of the City of Ottawa respecting the sale and the setting off of fireworks within the City of Ottawa.
The Council of the City of Ottawa enacts as follows:
DEFINITIONS | ||
1. | In this by-law,
"Act" means the Explosives Act, Revised Statutes of Canada, 1985, Chapter E-17, and the Regulations enacted thereunder as amended from time to time or any Act and Regulations enacted in substitution therefor; "City" or "City of Ottawa" means the municipal corporation of the City of Ottawa or the geographic area of the City of Ottawa as the context requires; "consumer firework" means an outdoor, low hazard, recreational firework that is classed as a subdivision 1 of Division 2 of Class 7 Fireworks under the Act and includes fireworks showers, fountains, golden rain, lawn lights, pin wheels, Roman candles, volcanoes, and sparklers but does not include Christmas crackers and caps for toy guns containing not in excess of twenty-five one-hundredths of a grain of explosive used per cap; "discharge" means to fire, ignite, 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 firework" means an outdoor, high hazard, recreational firework that is classed as a subdivision 2 of Division 2 of Class 7 Fireworks under the Act, and includes rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, illumination, set pieces and pigeons but does not include firecrackers; "Fire Chief" means the Chief of Fire Services of the City or authorized subordinates; "firecracker" means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion, and includes those devices commonly known as Chinese firecrackers; "fireworks" means display fireworks, pyrotechnic special effects fireworks and consumer fireworks; "Fireworks Supervisor" means a person who is an approved purchaser of display fireworks and who is qualified under the Act to supervise the discharge of display fireworks; "FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, and the Regulations enacted thereunder as amended from time to time or any Act and Regulations enacted in substitution therefor; "Old Municipality" means the old municipalities of the City of Cumberland, the City of Gloucester, the Township of Goulbourn, the City of Kanata, the City of Nepean, the City of Ottawa, the Township of Rideau, and the City of Vanier and "Old Municipalities" has a similar meaning; "prohibited firework" includes but is not limited to cigarette loads or pings, exploding matches, sparkling matches, ammunition for miniature tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry bombs, M-80 and silver salutes and flash crackers, throw down torpedoes and crackling balls, exploding golf balls, stink bombs and smoke bombs, tear gas pens and launchers, party peppers and table bombs, table rockets and battle sky rockets, fake firecrackers and other trick devices or practical jokes as included on the most recent list of prohibited fireworks as published from time to time under the Act; "pyrotechnician" means a person who is certified under the Act as a Theatrical User, an Assistant, a Pyrotechnician or a Special Effects Pyrotechnician and is qualified to purchase and supervise the display of pyrotechnic special effect fireworks under the Act; "pyrotechnic special effect firework" means a high hazard firework that is classed as a subdivision 5 of Division 2 of Class 7 Firework under the Act and that is used to produce a special pyrotechnic effect for indoor or outdoor performances and includes black powder bombs, bullet effect, flash powder, air bursts, smoke compositions, gerbs, lances and wheels; and "sell" includes offer for sale, cause or permit to be sold and to possess for the purpose of sale and the words "selling" and "sold" have a similar meaning. |
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INTERPRETATION | ||
2. | (1) | In this by-law:
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(2) | It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such. | |
SALE OF FIREWORKS AND FIRECRACKERS | ||
3. | (1) | No person shall sell any firecrackers. |
(2) | No person shall sell any prohibited fireworks. | |
(3) | No person shall sell consumer fireworks except on the following days:
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(4) | Every person in charge of a store shall ensure that fireworks displayed in store windows shall be mock samples only and not contain explosive composition. | |
DISCHARGE OF FIRECRACKERS AND PROHIBITED FIREWORKS | ||
4. | (1) | No person shall discharge any firecrackers. |
(2) | No person shall discharge any prohibited fireworks. | |
CONSUMER FIREWORKS | ||
5. | (1) | No person shall discharge consumer fireworks except on the following days:
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(2) | A person eighteen (18) years of age or older may hold a display of consumer fireworks on any land belonging to him or her or on any other privately owned land where the owner thereof has given permission for such display or discharge of fireworks. | |
(3) | No person shall discharge any consumer fireworks in such a manner as might create danger or constitute a nuisance to any person or property, or to do or cause or allow any unsafe act or omission at the time and place for the discharging of any fireworks. | |
(4) | No person shall discharge any consumer fireworks in or into any building, doorway, or automobile. | |
(5) | No person shall discharge any consumer fireworks in or on or into any highway, street, lane, square or other public place. | |
(6) | No person under the age of eighteen (18) years shall discharge any consumer fireworks except under the direct supervision of and control of a person eighteen (18) years of age or over. | |
(7) | No person being the parent or guardian of any person under the age of eighteen (18) years shall allow the person to discharge any consumer fireworks except when such parent or guardian or some other responsible person of eighteen (18) years of age or over is in direct supervision and control. | |
DISPLAY FIREWORKS | ||
6. | (1) | No person or group of persons shall hold a display of display fireworks in the City of Ottawa without first having obtained a permit to do so issued by the Fire Chief. |
(2) | No person or group of persons shall hold a display of display fireworks in the City of Ottawa without first having obtained a permit to do so issued by the Fire Chief. | |
7. | Every application for a permit shall be made to the Fire Chief a minimum of 30 days prior to the event when the proposed discharge of display fireworks is to occur. | |
8. | Every application for a permit shall include:
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9. | An applicant for a permit is, subject to the provisions of this by-law, entitled to be issued the permit, except where:
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INSURANCE | ||
10. | The applicant shall provide and maintain Commercial General Liability insurance subject to limits of not less than Five Million Dollars ($5,000,000.00) 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 City of Ottawa as an additional insured thereunder. Such insurance shall include permission to conduct displays of pyrotechnic special effects fireworks or display fireworks. Such insurance policy shall contain an endorsement to provide the City of Ottawa with (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a Certificate of Insurance evidencing such insurance coverage shall be provided to the City of Ottawa prior to the issuance of a permit. | |
INDEMNIFICATION | ||
11. | The applicant shall indemnify and save harmless the City of Ottawa from any and all claims, demands, causes of action, loss costs or damages that the City of Ottawa may suffer, incur or be liable for resulting from the performance of the applicant as set out in the by-law whether with or without negligence on the part of the applicant, the applicant's employees, directors, contractors and agents. | |
CONDITIONS APPLYING TO PERMIT | ||
12. | The Fire Chief may issue permits for displays of fireworks on the conditions set forth in Section 13, and each such permit shall state the name of the sponsoring club, association or group, the purpose of the display, the place and date at which the same may be held, and the name of the person under whose supervision the display shall be held. | |
13. | The following conditions shall apply to the holding of a display of display fireworks under a permit issued under this by-law:
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14. | No permit holder shall discharge display fireworks except in accordance with the conditions of the permit. | |
15. | The permit holder holding the display of display fireworks shall ensure that all unused fireworks and all debris are removed. | |
PYROTECHNIC SPECIAL EFFECTS FIREWORKS | ||
16. | (1) | No person or group of persons shall hold a display of pyrotechnic special effect fireworks in the City of Ottawa without first having obtained a permit to do so issued by the Fire Chief. |
(2) | No person or group of persons shall discharge any pyrotechnic special effect fireworks in the City of Ottawa, without first having obtained a permit issued by the Fire Chief authorizing the display of pyrotechnic special effect fireworks. | |
17. | Every application for a permit pursuant to Section 16 shall be made to the Fire Chief a minimum of 30 days prior to the event where the proposed discharge of pyrotechnic special effect fireworks is to occur. | |
18. | Every application for a permit shall include:
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19. | An applicant for a permit is, subject to the provisions of this by-law, entitled to be issued the permit, except where:
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CONDITIONS APPLYING TO PERMIT | ||
20. | The Fire Chief may issue permits for displays of pyrotechnic special effect fireworks on the conditions set forth in Section 21 and each such permit shall state the name of the sponsoring business, club, association or group, the purpose of the display, the place and date at which the display may be held, and the name of the pyrotechnician under whose supervision the same shall be held. | |
21. | The following conditions shall apply to the holding of a display of pyrotechnic special effect fireworks under a permit issued under this by-law:
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22. | No permit holder shall discharge pyrotechnic special effect fireworks except in accordance with the conditions of the permit. | |
23. | The permit holder holding the display of pyrotechnic special effect fireworks shall ensure that all unused fireworks and all debris are removed. | |
GENERAL REQUIREMENT | ||
24. | Every holder of a display fireworks or pyrotechnic special effect fireworks permit shall produce his or her permit upon being so directed by the Fire Chief. | |
OFFENCES AND PENALTIES | ||
25. | (1) | Every person who contravenes any of the provisions of this by-law is guilty of an offence. |
(2) | Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offenses Act, R.S.O. 1990, Chapter P.33. | |
REPEAL | ||
26. | The following by-laws of the Old Municipalities are repealed:
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SHORT TITLE | ||
27. | This by-law may be referred to as the "Fireworks By-law".
ENACTED AND PASSED this 28th day of May, 2003. |