File: Community Services Department D Proposed By-law regarding the Sale, Possession and Discharge of Fireworks

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1 ~Oshawa Report To: From: Subject: Community Services Committee Item: Jag Sharma, Commissioner File: Community Services Department D-2000 Proposed By-law regarding the Sale, Possession and Discharge of Fireworks Date of Report: CS November 21, 2013 Date of Meeting: December 5, 2013 PUBLIC REPORT 1.0 PURPOSE The City's Fireworks By-law was passed in There have been many changes to both the Municipal Act, 2001, as amended, and to relevant Federal legislation since that time regarding the use, storage, discharge and sale of fireworks. There is a need to revisit Oshawa's Fireworks By-law. The purpose of this Report is to overview the City's approach to regulating the sale, possession and discharge of fireworks in the City, including recommending the repeal of By-law and the approval of amendments to both By-law , as amended, (the "Business Licensing By-law") and By-law , as amended, (the "General Fees and Charges By-law"). 2.0 RECOMMENDATION That the Community Services Committee recommend to City Council: That in accordance with Report CS , Proposed By-law regarding the Sale, Possession and Discharge of Fireworks dated November 21, That By-Law , "being a by-law which consolidated By-law and to establish certain periods during which fireworks may be sold and the age of persons to whom fireworks be sold" be repealed; and, 2. That By-law , as amended, being the General Fees and Charges By-law be further amended as set out in the draft By-law (Attachment 1) to this report; and, 3. That By-law , as amended, being the Business Licensing By-law be further amended as set out in the draft Schedule Q (Attachment 1) to this report. 3.0 EXECUTIVE SUMMARY The sale and discharge of fireworks poses significant safety concerns to life, property and the environment when they are not sold, possessed or discharged in an approved and safe manner ~I

2 Report to the Community Item: CS Services Committee (Continued) -2- Meeting Date: December 5, 2013 By-law passed in 1973 only regulates the times during which fireworks may be sold and the age of persons to whom fireworks may be sold. The By-law does not: include reference to the different grades of fireworks and their associated safety requirements when discharging, identify and address potential risks inherent with fireworks sales and storage, provide for a permit or licensing system for both discharge and sales, in order to require site safety inspections, or include a cost recovery mechanism for the use of City resources. include insurance or a save harmless undertaking in favour of the City. It is therefore recommended that By-law be repealed and replaced with a more effective municipal system to address these missing components, and to be consistent with Federal regulations and other municipality's fireworks by-laws. It is also recommended that By-law , as amended, be further amended to recover established fees for the cost to the City for a licensing and permit process. This approach is intended to reduce injuries and the incidence of fires caused by the misuse of fireworks due to unregulated and unsafe sales, storage, and discharge, and to improve the delivery of enforcement services. 4.0 INPUT FROM OTHER SOURCES 4.1 General ~ Municipal Law Enforcement and Licensing Services (MLELS) ~ Legal Services ~ Benchmarking fireworks by-laws with various Ontario and Canadian municipalities ~ Ministry of Natural Resources, Explosives Regulatory Division 5.0 ANALYSIS ~ The sale of consumer grade fireworks in Oshawa is currently regulated though By-law This by-law regulates the times during which fireworks may be sold and the age of persons to whom fireworks may be sold. ~ By-law is silent with respect to firework sales from temporary sales units, firework storage requirements, fireworks discharge, and the associated safety requirements. ~ By-law does not differentiate between the different grades of fireworks, including Consumer (low hazard firework articles designed for recreational use by the public), Display (outdoor high hazard firework articles designed for use by b

3 Report to the Community Item: CS Services Committee (Continued) -3- Meeting Date: December 5, 2013 professionals) or Pyrotechnic (indoor high hazard firework articles designed for use by professionals). ~ By-law is not consistent with other municipal fireworks by-laws in Durham Region, and throughout Southern Ontario. ~ The following key amendments are proposed: Specific Standards to Address the Discharge of Fireworks Within the Vicinity of Certain Land Uses Language to regulate the discharge of Consumer, Display or Pyrotechnic fireworks and the inclusion of safe distances to hospitals, nursing homes, homes for the aged, places of worship, schools, or premises where explosives, gasoline, or other highly flammable substances are manufactured or stored. The Implementation of a Cost-Recovery Licencing System to Ensure the Safe Sale of Consumer Grade Fireworks from Both Temporary and Permanent Sites. The Fire Protection and Prevention Act and the Ontario Fire Code (0. Reg. 213/07) reference the Explosives Act and Regulations. These Regulations include requirements for the sale of fireworks from permanent locations but include minimal requirements for temporary sites. Any such requirements must be contained within municipal by-laws. The proposed amendment would create a licencing system to ensure the safe sale and storage of Consumer fireworks from all sites. 'Red tape' would be minimized as applicants would be able to have their licences processed in a one stop/one window approach. Applicants would submit an application along with the required fee to MLELS for review, site inspection by OFS, and approval by both. Both the Director, MLELS, and the Fire Chief may revoke licence permits for non-compliance The Creation of a Cost-Recovery Process a) Consumer Fireworks Consumer fireworks are traditionally discharged by the public on Victoria Day and Canada Day. Such discharge would continue to be allowed without a permit, but there would be no discharge of Consumer fireworks allowed at any other time of the year. b) Display and Pyrotechnic Fireworks The discharge of Display-grade and Pyrotechnic-grade Fireworks would be allowed throughout the year but only with a Fireworks Display Permit. As part of the application process, the discharge site would be inspected by OFS and insurance 2'1

4 Report to the Community Item: CS Services Committee (Continued) -4- Meeting Date: December 5, 2013 indemnifying the City would be required. Both the Director, MLELS, and the Fire Chief may revoke permits for non-compliance. c) Fee Structure Discharge The proposed fees would recover the City's costs. Presently the Licensing By-law recovers a base $75.00 application fee only. The fee for a Fireworks Display Permit would be: Display or Pyrotechnic o $75.00 base application fee o Permit Fee $ o $ Fire Services Inspection Fee ($75.00 per hour, minimum 2 hours) Sales The proposed fees would recover the City's costs. Presently the Licensing By-law recovers a base $75.00 application fee to accept an application. The fee for a Fireworks Sales Licence would be: Consumer Fireworks Sales Licence -Application made at least 30 days prior to sales date o $75 application fee o $250 Licencing fee o $ Fire Services Inspection Fee ($75.00 per hour, minimum 2 hours) Consumer Fireworks Sales Licence - Application made 21 days prior to sales date o $75 application fee o $500 Licencing fee o $ Fire Services Inspection Fee ($75.00 per hour, minimum 2 hours d) Insurance and a Save Harmless Undertaking. Currently there is no requirement for insurance or a save harmless undertaking in favour of the City. The new system includes a requirement for liability insurance and a save harmless undertaking as part of the sale of fireworks and the discharge of Display Fireworks and Pyrotechnic. The insurance requirement is $5 million naming the City as an additional insured and containing a cross liability clause. ~ The new system as encapsulated in the proposed amending by-law (see Attachment 1) would be communicated to the public using a three tiered approach: Proactive communication via social media; Traditional media including newsprint; and 5U

5 Report to the Community Item: CS Services Committee (Continued) -5- Meeting Date: December 5, 2013 Reactive/complaint driven enforcement to obtain compliance from vendors. 6.0 FINANCIAL IMPLICATIONS ~ This amendment would generate an estimated $7,500 per annum in revenues attributable to fireworks sales licenses and permits for the discharging of Display and Pyrotechnic fireworks. 7.0 RELATIONSHIP TO THE OSHAWA STRATEGIC PLAN ~ The recommendations in this report are consistent with the Oshawa Strategic Plan, in particular, the goal of Social Equity, which speaks to ensuring an inclusive, healthy and safe community. ~ The proposed by-law amendment would help to ensure an inclusive community by allowing the discharge of Display and Theatrical/Pyrotechnic grade fireworks throughout the year, including on religious or cultural holidays or events, and thereby recognizing the ethnic and cultural diversity within the community. ~ The amendment would also contribute to a safer community by including a permit system for both firework sales and discharge resulting in the inspection of sites to ensure they comply with all applicable safety regulations, thereby reducing the incidence of fires and explosions. Steve Meringer Fire Chief Jag Sharma Commissioner Community Services Attachment

6 Item: CS Attachment 1 By-law of The Corporation of the City of Oshawa being a by-law to amend By-law , as amended (the "Business Licensing Bylaw") and By-law , as amended, (the "General Fees and Charges By-law") and to repeal By-law (the "Fireworks By-law"). WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes municipalities to prohibit the setting off of fireworks without a permit and to impose conditions for obtaining, continuing to hold and renew a permit, including the submission of plans. AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, also provides that municipalities may pass by-laws respecting the health, safety and well-being of Persons. AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, also provides that municipalities may pass by-laws respecting business licensing and the collection of fees and charges. AND WHEREAS the Council of The Corporation of the City of Oshawa desires to regulate the sale, possession and discharge of fireworks within the City of Oshawa. NOW THEREFORE the Council of The Corporation of the City of Oshawa enacts as follows: 1. By-law is hereby repealed. 2. By-law , as amended, is hereby further amended by adding the Schedule attached hereto this By-law as Schedule "Q". 3. By-law , as amended, is hereby further amended by inserting the following to Schedule "A" after "Carnival" and before "Food Shop", Sale of Fireworks see Schedule "Q" 4. By-law , as amended, (the "General Fees and Charges By-law"), is hereby further amended by inserting the following immediately prior to the heading "Hearing and Administrative Penalty Systems" in Schedule "A": Consumer Fireworks Sales Licence where application made at least 30 days prior to sales (one Licence for each sales location) Consumer Fireworks Sales Licence for $75.00 (Application Fee) plus $ (Licence Fee) $75.00 (Application Fee) plus 1

7 Temporary and Permanent Location where application made between 21 and 29 days prior to sales (one Licence for each sales location) Consumer Fireworks Sales Licence inspection by Fire Services of Sales Locations Fireworks Display Permit (one permit for each location) Fireworks Display Permit inspection by Fire Services $ (Licence Fee) $75.00 per hour (minimum of 2 hours) per location $75.00 (Application Fee) plus $ (Permit Fee) $75.00 per hour (minimum of 2 hours) per location 5. The General Fees and Charges By-law is hereby amended by deleting the following from Schedule "C": Special permit issue (Fireworks, P rotechnics, etc.) 65.00/hr. (minimum two hours) 6. This By-law is effective 60 days from the date of its passing. By-law passed this day of, Mayor City Clerk 2

8 SCHEDULE "Q" 1. INTERPRETATION 1.1 In addition to Section 2 of this By-law, in this Schedule "Q", "Chief Fire Official" means the Fire Chief, the Deputy Fire Chief, the Chief Fire Prevention Officer, any Fire Prevention Officer or any Fire Prevention Inspector. "Consumer Fireworks" means low hazard fireworks classified under Class 7, Division 2, Subdivision 1 under the Explosives Act generally used for recreation such as showers, fountains, golden rain, lawn lights, pin wheels, roman candles, sparklers, Christmas crackers and caps for toy guns. "Discharge", when used in relation to Fireworks, includes firing, igniting, exploding and setting off Fireworks. "Display Fireworks" means high hazard fireworks as defined under the Explosives Act generally used for recreation such as rockets, serpents, shells, bombshells, tourbillons, maroons, large wheel, bouquets, barrages, bambardos, waterfalls, batteries, illumination, set pieces and pigeons. "Explosives Acf' means the Explosives Act, R.S.C. 1985, c. E-17, and the regulations thereto as may be amended from time to time. "Fireworks" means Consumer Fireworks, Display Fireworks and Pyrotechnic Special Effects. "Fireworks Display Permit" means an authorization under this By-law to Discharge Display Fireworks or Pyrotechnic Special Effects. "Fireworks Sales Licence" means a Licence issued under this By-law to sell Consumer Fireworks. "Fireworks Supervisor" means a Person who is qualified under the Explosives Act to conduct displays of Fireworks. "Permanent Sales Location" means a building or structure with a permanent foundation, which exists in the same location 365 days per year. "Prohibited Fireworks" means those fireworks prohibited by the Explosives Act as may be amended from time to time "Pyrotechnic Special Effects" means authorized explosives as defined under the Explosives Act, that are made, manufactured or used to produce a pyrotechnic theatrical effect in connection with a motion picture, theater or television production or with a, or as a performance, before a live audience; 3

9 "Temporary Sales Unit" means an enclosed portable stand, cart, display rack, cargo container or trailer, tent or other display unit that can be moved from one location to another and is used for the sale of Consumer Fireworks. No Temporary Sales Unit may remain in the same location for more than 8 consecutive days. A Temporary Sales Unit does not include a motor vehicle as defined in the Highway Traffic Act. SALE OF FIREWORKS 2. PROHIBITED ACTIVITIES 2.1 No Person shall: (a) (b) (c) (d) (e) (f) sell any Consumer Fireworks to any Person at any time except on the statutory holidays known as Victoria Day and Canada Day and the seven (7) days immediately preceding such days; sell or supply Fireworks to any Person under the age of 18 years; sell, store or supply Prohibited Fireworks; sell Consumer Fireworks without first having obtained a Fireworks Sales Licence; sell Display Fireworks or Pyrotechnic Special Effects unless otherwise permitted under the Explosives Act; or sell Consumer Fireworks from a motor vehicle as defined in the Highway Traffic Act 3. FIREWORKS SALES LICENCES 3.1 An application for a Fireworks Sales Licence to sell Consumer Fireworks on both Victoria Day and Canada Day and the 7 days immediately preceding those days shall be made at the office of the Director on the form prescribed and the Director may prescribe any information to be given therein and other necessary papers to be completed or submitted by the applicant in conjunction with the application. 3.2 Applications for Fireworks Sales Licences shall be made no less than 30 days prior to the first sales date. 3.3 Notwithstanding Subsection 3.2, applications for Fireworks Sales Permits made less than 30 days but more than 21 days prior to the first sales date may be accepted for processing by the Director and shall be subject to a fee premium as set out in the General Fees and Charges By-law. 3.4 Separate Fireworks Sales Licence applications must be made for each proposed sales location. 4

10 3.5 Fireworks Sales Licences shall be valid only on the statutory holidays known as Victoria Day and Canada Day and the 7 days immediately preceding those days. 3.6 Every Fireworks Sales Licence application shall be submitted to the Director and be accompanied by: (a) (b) (c) (d) (e) (f) the appropriate non-refundable fee as set out in the City's General Fees and Charges By-law, as may be amended from time to time; if the applicant is a corporation, a copy of the incorporating document and a copy of the last annual information filed or, if a registered partnership, a copy of the registered declaration of partnership and a copy of the business name registration; a description of the Consumer Fireworks to be sold; proof of commercial general liability insurance in an amount no less than $5,000,000.00, naming the City as an additional insured and containing a cross liability clause; an indemnification and hold harmless undertaking in favour of the City and signed by the applicant or by an individual having the authority to bind the applicant; where the sales location is a Temporary Sales Unit, the operating dates of the Temporary Sales Unit and a letter of authorization from the owner of the property on or from which the Temporary Sales Unit is proposed to be located containing: (i) (ii) the name of the owner of the Temporary Sales Unit; and the proposed location on the property of the Temporary Sales Unit; and (g) such other information as the Director may require. 3.7 The Director or the Chief Fire Official may revoke a Fireworks Sales Licence where, in his or her sole discretion, the applicant has not complied or is not complying with the provisions of this By-law. 3.8 Where the Director or the Chief Fire Official revokes a Fireworks Sales Licence, Consumer Fireworks shall no longer be sold from the sales location for the remainder of the term of the Fireworks Sales Licence. 3.9 Where a Fireworks Sales Licence is revoked, the applicant is not entitled to a return of any fee paid to obtain the Fireworks Sales Licence. / f~ 5 J 1..)

11 3.10 Notwithstanding Subsections 3.8 and 3.9, where a Fireworks Sales Licence is revoked, the applicant may apply for a new Fireworks Sales Licence subject to the provisions of Section 3 for the next proposed sales period. 4. TEMPORARY SALES UNITS 4.1 No Person applying or maintaining a Fireworks Sales Licence in relation to a Temporary Sales Unit shall fail to, (a) (b) (c) (d) (e) (f) (g) (h) (i) ensure that a minimum of 2 signs are posted in prominent locations on the outside of the Temporary Sales Unit indicating that Persons shall not smoke or ignite any flammable material, or have in their possession any lighted match, lighter, pipe, cigar, cigarette, open flame or spark emitting device within 6 metres of the Temporary Sales Unit; ensure that a 2A 1 OBC rated fire extinguisher is available during the times sales are taking place; ensure that at least 2 operational doors are available to provide means of access to and egress from the temporary sales location; ensure that no more than 15 customers are in a Temporary Sales Unit at the same time; ensure that no Consumer Fireworks are exposed to direct sunlight; ensure that, with the exception of its entrance and exit, access to an area at least 6 metres around the perimeter of the Temporary Sales Unit is restricted by means of a barrier, such as snow fencing, pylons or other material satisfactory to the City; ensure that the Fireworks Sales Licence is posted in a conspicuous place on the Temporary Sales Unit at all times during the term of the Fireworks Sales Licence; permit the inspection by the City of the Consumer Fireworks and any site where the Consumer Fireworks may be stored, displayed or Discharged together with all associated equipment and documentation pertaining to the storage, display or Discharge of Consumer Fireworks; or locate a Temporary Sales Unit within, (i) 100 metres of, 1. any public park, 2. any land occupied by a hospital, nursing home, home for the j 6

12 aged, church or school, or 3. any land where explosives, gasoline or other flammable substances are manufactured or stored in bulk including a gas station; (ii) (iii) (iv) 8 metres of any occupied parking space; combustible or flammable material, or ignition source; 15 metres of any roadway, or 75 metres of any occupied building or residence. 5. PERMANENT SALES LOCATIONS 5.1 No Person holding a Fireworks Sales Licence in relation to a Permanent Sales Location shall fail to comply with the Explosives Act. DISCHARGING FIREWORKS 6. PROHIBITED ACTIVITIES 6.1 No Person shall: (a) (b) (c) (d) possess or Discharge Fireworks except pursuant to this By-law; Discharge Consumer Fireworks at any time other than on the statutory holidays known as Victoria Day and Canada Day and the day immediately preceding or following Victoria Day or Canada Day; possess or Discharge any Prohibited Fireworks, including but 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 and step on 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, firecrackers, fake firecrackers and other trick devices or practical jokes. Discharge Fireworks on any property, without obtaining the written authorization of the legal owner of the property, including into, in or on any highway, street, lane, square, public park or other public place; (e) fail to provide and maintain operational fire multi-purpose ABC extinguishing equipment ready for immediate use, and present at all times and for a reasonable period thereafter, at the location or site of the Discharge of Consumer Fireworks. This includes having knowledge of the operational procedures associated with said fire multi-purpose extinguishing equipment; 7

13 (f) (g) (h) (i) fail to follow the manufacturer's requirements for the Discharge of Fireworks; fail to permit the inspection by the City of the Fireworks and any site where the Fireworks may be Discharged together with all associated equipment and documentation pertaining to the Discharge of Fireworks; being under the age of 18 years, possess or Discharge Fireworks; permit any Person under the age of 18 years to Discharge Fireworks; 0) Discharge Fireworks into, inside of, or on a building, accessory building, structure, or motor vehicle; (k) Discharge Consumer Fireworks within, (i) (ii) 100 metres of any highway or public park, or 300 metres of, 1. any land occupied by a hospital, nursing home, home for the aged, church or school, or 2. any premises or place where explosives, gasoline or other flammable substances are manufactured or stored in bulk; (I) Discharge Display Fireworks and/or Pyrotechnic Special Effects within, (i) (ii) (iii) 75 metres of any occupied building or residence, 100 metres of any highway or entrance to a public park, 300 metres of, 1. any land occupied by a hospital, nursing home, home for the aged, church or school, or 2. any premises or place where explosives, gasoline or other flammable substances are manufactured or stored in bulk; or (iv) 500 metres of another approved Display Fireworks and/or Pyrotechnic Special Effects display location; (m) Discharge Display Fireworks or Pyrotechnic Special Effects without a Fireworks Display Permit; 8

14 (n) who holds a Fireworks Display Permit, (i) (ii) (iii) (iv) (v) (vi) Discharge or permit to be Discharged Display Fireworks and/or Pyrotechnic Special Effects on a day or at times other than the day or days and times specified in the Fireworks Display Permit, Discharge or permit to be Discharged Display Fireworks and/or Pyrotechnic Special Effects at a location other than the location specified in the Fireworks Display Permit, permit any Person other than a Fireworks Supervisor to Discharge Display Fireworks and/or Pyrotechnic Special Effects; fail to be present in Person at all times during the setup of the display area, the handling and Discharge, and the cleanup of the Display Fireworks and/or Pyrotechnic Special Effects, fail to ensure that a Fireworks Supervisor is present at all times during the setup of the display area, the handling and Discharge, and the cleanup of the Display Fireworks and/or Pyrotechnic Special Effects, or fail to take all such safety precautions as are required by the Chief Fire Official for the handling and Discharge of Display Fireworks and/or Pyrotechnic Special Effects. (o) Discharge Fireworks in a manner that creates a nuisance or that creates an unsafe condition, danger from fire or from risk of accident, injury or damage at or in respect of any place, location or site, or to or in respect of any Person, property or thing. 7. FIREWORKS DISPLAY PERMITS 7.1 A Fireworks Display Permit is required to Discharge Display Fireworks and Pyrotechnic Special Effects at any time. 7.2 No Fireworks Display Permit is required to Discharge Consumer Fireworks when permitted by this By-law, namely on the statutory holidays known as Victoria Day or Canada Day or during a long weekend containing Victoria Day or Canada Day. 7.3 An application for a Fireworks Display Permit to Discharge Display Fireworks and/or Pyrotechnic Special Effects shall be made at the office of the Director on the form prescribed and the Director may prescribe any information to be given therein and other necessary papers to be completed or submitted by the applicant in conjunction with his application. 9

15 7.4 Every Fireworks Display Permit application shall be submitted to the Director a minimum of 30 days prior to the proposed Discharge date and be accompanied by: (a) (b) (c) (d) (e) (f) (g) (h) the appropriate non-refundable fee as set out in the City's General Fees and Charges By-law, as may be amended from time to time; a description of the Display Fireworks and/or Pyrotechnic Special Effects to be Discharged, the Discharge techniques to be used, and the manner and means of restraining Persons from being too near the Discharge location; a description of the proposed location for the Display Fireworks and/or Pyrotechnic Special Effects display; a letter of authorization from the owner of the property on which the Display Fireworks and/or Pyrotechnic Special Effects will be Discharged consenting to the display; a current certificate of insurance providing proof of liability insurance in the minimum amount of $5,000,000.00, naming the City as an additional insured and containing a cross liability clause; a copy of the license issued pursuant to the Explosives Act for the Fireworks Supervisor who will be handling and discharging the Display Fireworks and/or Pyrotechnic Special Effects; where deemed applicable by the Director, written confirmation from the Durham Region Police Service that appropriate arrangements have been made by the applicant for traffic and crowd control during the display; and such further and other information as the director may require. 7.5 In addition to the requirements set out in this By-law, all Persons applying for or holding a Fireworks Display Permit to Discharge Display Fireworks and/or Pyrotechnic Special Effects shall comply at all times with the Explosives Act. 7.6 Where the proposed display location is City-owned property, the applicant shall obtain written approval from the City to Discharge Display Fireworks and/or Pyrotechnic Special Effects on the property and shall provide the Director with an agreement indemnifying and saving harmless the City with respect to any and all actions either directly or indirectly from the display. 7.7 Separate Fireworks Display Permit applications must be made for each and every proposed display location. fi 10 I I

16 7.8 The Director or the Chief Fire Official may revoke a Fireworks Display Permit where, in his or her sole discretion, the applicant has not complied or is not complying with the provisions of this By-law. 7.9 Where a Fireworks Display Permit is revoked, the applicant is not entitled to a return of any fee paid to obtain the Fireworks Display Permit. 11