THE CORPORATION OF THE CITY OF BURLINGTON

A By-law to regulate the sale and use of Fireworks and Firecrackers.

WHEREAS it is deemed necessary to regulate the sale and use of fireworks and firecrackers;

AND WHEREAS it is deemed necessary to repeal By-law 3836, 24-1987 and 80-1988;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON ENACTS AS FOLLOWS:

1. In this by-law:

(a) Act means the Explosives Act, revised Statues of Canada 1990, Chapter E-15 and the Regulations enacted thereunder as amended from time to time;

(b) firecracker means a pyrotechnic device that explodes instantaneously when ignited and does not make any subsequent display or visible effect after the explosion, firecrackers are classified as high-hazard fireworks, and:

(i) includes those devices commonly known as Chinese firecrackers, but

(ii) does not include paper caps containing not in excess of an average of twenty-five one-hundredths of a grain of explosive used per cap, or device for use with such caps;

(c) low-hazard, firework(s) means a pyrotechnic device producing quantities of effects of light, sound or smoke by the combustion of explosives or flammable composition and includes fireworks showers, fountains, golden rain, lawn lights, pin wheels, roman candles, sparklers, volcanoes and mines, but does not include:

(i) firecrackers, or

(ii) articles or devices not classed under the Act as shop goods,

(d) high-hazard firework(s) means a manufactured pyrotechnic device producing spectacular effects of light or sound of such a nature that it is classed under the Act as shop goods.

REGULATIONS:

2. Sale of Fireworks:

(a) No person shall sell or offer for sale any firecrackers or other high-hazard fireworks.

(b) The sale of low-hazard fireworks is prohibited except on the following days:

(i) Victoria Day

(ii) the six days immediately preceding Victoria Day, and

(iii) Canada Day

(iv) the six days immediately preceding Canada Day, and

(v) National Night Out in August of each year by Neighbourhood Watch Groups only, subject to the Neighbourhood Watch Group providing written notification to the Fire Chief (five) 5 days prior to the event.

(c) Subject to subsection (d) no person shall sell, give or distribute low-hazard fireworks to any person under the age of (18) eighteen.

(d) Notwithstanding subsection (a) (b) or (c) a person may sell paper caps, toy pistols, toy cannon or toy guns for the use of such caps, the explosive content of which is not in excess of twenty-five one-hundredths of a grain per cap.

(e) No person shall sell, offer for sale, give or distribute to any person under the age of (18) eighteen any low-hazard fireworks.

(f) Fireworks displayed in store windows shall be mock samples only, and not contain explosive composition.

(g) Low-hazard fireworks on public display and available to the general public for purchase shall not exceed 25 kilograms. Any quantities in excess of, 25 kilograms shall be kept in a suitable secure and locked container located in a building, approved by the Fire Chief or his designate, which must be free from flammable and other fire hazards. The low-hazard fireworks in excess of 25 kilograms shall not be accessible to the general public.

(h) Low-hazard fireworks may be stored 30 days prior to any of the lawful date(s) for the sale thereof and not longer than 30 days after the lawful sales date(s) in accordance with the provisions of section 2(g)

3. Discharge of Low-hazard Fireworks:

(a) The setting off of low-hazard fireworks is prohibited except on the following days:

(i) Victoria Day

(ii) the three days immediately preceding Victoria Day

(iii) Canada Day

(iv) the three days immediately preceding Canada Day and

(v) National Night Out in August of each year by Neighbourhood Watch Groups only, provided they have given written notification to the Burlington Fire Department at least 5 days prior to the event.

(b) A person (18) eighteen years of age or over may hold a display of low-hazard fireworks on any land belonging to him or on any other privately owner land where the owner thereof has given written permission for such a discharge of low-hazard fireworks.

(c) No person shall use, set off any firework(s) in such a place or in such a manner as might create danger or constitute a nuisance to any person or property, or do or cause or allow any unsafe act or omission at the time and place for the setting off of any fireworks.

(d) No person shall set off any firework or fireworks in or into any building, doorway, automobile or other place where such setting off might create a danger or nuisance to any person or property.

(e) No person shall set off any firework or fireworks in or on or into any highway, street, lane, square or other public place; provided that this shall not be deemed to prohibit a display of high-hazard fireworks in a public place in accordance with the provisions of this by-law.

(f) No person under the age of (18) eighteen years shall set off any firework(s).

4. Discharge of High-hazard Fireworks:

(a) No person shall hold a display of high-hazard fireworks without first having obtained a permit to do so signed by the Fire Chief or his designate.

(b) The application for a permit shall be made at least one week prior to the date on which it is desired to hold the display of any high-hazard fireworks.

(c) A display of high-hazard fireworks may only be held by a person licensed under the Federal Explosives Act, who is entitled to purchase and discharge high-hazard explosives.

(d) A display of high-hazard fireworks shall be conducted in a manner consistent with the Federal Explosives Act and the regulations enacted thereunder.

(e) All unused fireworks and all debris shall be removed by the group holding the display immediately following its conclusion or no later than 10:00 A.M. the day following the commencement of the display.

5. Administration:

The Fire Chief and/or his designate(s) or any municipal by-law enforcement officer may at anytime inspect any premises where fireworks are stored or offered for sale to the public.

A copy of this by-law must be posted on the premises where low-hazard fireworks are sold during each of the lawful sales periods.

6. Penalty:

Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction pursuant to The Provincial Offences Act, is liable to a fine of $2,000.00.

ENACTED AND PASSED this 28th day of September, 1992

__________________________________MAYOR

______________________________CITY CLERK