Report to: General Committee Report
Date:
SUBJECT: Fireworks By-law
PREPARED BY: W. Wiles, Manager, By-law Enforcement & Licencing, x4851
R. Mino, Fire Prevention Officer, x2612
RECOMMENDATION:
That By-Law No.
2001-237, “Being a By-Law Respecting the Regulating, Licensing,
- Allowing the sale of family fireworks from businesses and
mobile sales premises by permit during the seven days immediately
proceeding
- Establishing a 500 metre separation distance between mobile sales premises and between any mobile sales premises and a permanent fireworks premises;
- Prohibiting mobile vendors from locating or operating from any municipal street, boulevard or road allowance;
- Requiring that insurance in the amount of two million dollars be provided as a condition for obtaining a permit;
- Requiring unsold fireworks be returned to manufacturer within 7 days of Canada Day and Victoria day;
- Requiring all vendors of fireworks to attend a fireworks training and information seminar; and,
- Requiring a permit for the discharge of display and theatrical fireworks and compliance with the Town’s Noise By-law prior to the issuance of the permit.
And that By-Law No. 2002-276, “The Fee By-Law” be amended to provide for a $150 fee for the required permit for sale the fireworks, the fee including the cost of training.
And that Staff be authorized to make an application for set fine to assist with enforcement of the by-law.
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Not applicable
FINANCIAL CONSIDERATIONS:
Not applicable
1. Purpose 2. Background 3. Discussion 4. Financial
5. Others
(Environmental, Accessibility, Engage 21st, Affected Units) 6.
Attachment(s)
PURPOSE:
To provide an updated by-law requiring a permit be obtained for sales of fireworks, the discharge of display and theatrical fireworks and require all vendors to obtain training prior to the selling of fireworks.
BACKGROUND:
In November, 2006, General Committee reviewed a report entitled “Firework Sales- Licencing and Training”. The November report outlined existing issues with the sale of fireworks, including the finding of several businesses operating illegally during the past year. The report also identified issues raised by long-time permitted vendors regarding the training of vendors and the sale of fireworks by itinerant mobile vendors.
To address the situation, the report recommended consideration of the following actions:
- All fireworks vendors attend a training session, conducted by Markham Fire & Emergency Services;
- Require permit to sell fireworks from businesses and from mobile vendors;
- Restrict sales by mobile vendors to not-for-profit organizations such as the Lions Club;
- Staff to provide Council a future report on parts of the Town, where due to changing land use patterns, high numbers of illegal uses exist within a definable area.
Committee reviewed the report and listened to several presentations, including one from a long term for-profit mobile vendor. After discussion, Committee directed staff to hold a public meeting to obtain further input and subsequently report back to Committee on amended by-law regulations that addressed identified concerns
Public Meeting
The following information was presented and discussed at the January 16th, Pubic Meeting.
|
Presenter/ Organization |
Comments/ Responses |
|
David Burke, |
§ Supported proposed by-law requirements § Asked if all persons involved in selling of fireworks required training and was advised that only one representative per permit was proposed to be trained only. |
|
Tom Jacobs, Blast Fireworks Inc. |
§ Concerned with restriction of mobile sales to charitable groups only as a way to eliminate fly-by-night (itinerant) operators. § Advised restriction would impact his livelihood. § Suggested training and fee requirements would be a more effective way to eliminate itinerant operators. |
|
Joe Rastin, Victory Fireworks |
§ Supported the use of
permits and insurance requirements to address fly-by-night operators. |
|
David Porter, Wizard Fireworks |
§ Advised his company has been selling fireworks at Markville Mall for 16 years without incident. § Felt that allowing charities only as mobile vendors was unfair to those who make their living in this business. § Supported training if one representative from each company was trained instead of everyone § Supported the insurance requirement for a permit |
|
Sara Greiner, All Star Fireworks |
§ Advised that she does not consider the quick
profit made by mobile vendors to be fair to year-round vendors and that
permanent vendors deserved protection from mobile vendors locating near-by. § Discussion on possible area restrictions for
mobile vendors to avoid overlap/ competition with permanent businesses. |
For-Profit and
Not-For-Profit
The November 2006 report recommended consideration of a restriction to allow only not-for- profit and charitable organizations to be permitted for mobile sales of fireworks. The reason for this restriction were concerns respecting the safety and nuisance issues of itinerant for-profit mobile vendors, a concern that does not exist with not-for-profit and charitable organizations due to their permanence within the community.
Subsequent review has determined the following reasons for not restricting the permitting to not-for-profit and charitable organizations:
- The Town may not have a justifiable rationale to restrict mobile vendors to not-for-profit and charitable groups only, if challenged in court;
- The safety and nuisance concerns of for-profit mobile vendors can be addressed by a mandatory training and insurance requirement. The for-profit mobile vendors that operated in the community for many years have advised they can meet the proposed training and insurance standards. Itinerant operators that cannot meet the standards will be eliminated through ongoing enforcement.
- Review of restrictions of other municipalities found that they do not restrict the sales to not-for-profit and charitable organizations. (see Table below)
|
Municipality |
Restrict to Non- Profit/
Charitable Only |
Allow Temporary Sales by
|
Allow Temporary Sales
within Buildings |
|
|
No |
No |
Yes |
|
|
No |
No |
Yes |
|
|
No |
Yes |
Yes |
|
|
No |
Yes |
Yes |
Location
Restrictions for
The Town has a separate licencing by-law that allows for any type of a mobile vendor to operate within the Town. Under this by-law, a 500 metre separation distance to any existing business selling a similar product must be maintained in order for a licence to be issued.
For the purposes of this by-law, the 500 metre separation will be to a business that is involved in the production, warehousing, or distribution of fireworks on a year round basis only. This restriction will require mobile vendors to locate at least 500 metres away from the year round business and would not apply to business selling fireworks during the Canada Day and Victoria Day periods only. An example is Markville Mall, where mall businesses sell fireworks on a period basis only; therefore, a mobile vendor such as Wizard Fireworks would be allowed to operate from the mall parking lot. At the same, a year round fireworks manufacturer/ distributor would have a 500 metre exclusive zone in which no mobile vendor could locate.
Prohibition
Against
Subsequent to the public meeting, staff met with owners of Allstar Fireworks. The owners proposed that not only should mobile vendors of fireworks be prohibited, but that no form of mobile vendor should be permitted within the Town. In support of their position, they provided a petition from 61 business owners. The 61 business owners represent a variety of business types including florists, convenience and grocery stores. The reason for their proposal was that permanent businesses pay property taxes and contribute to the funding of municipal services, while mobile vendors do not. The permanent businesses submit the Town should use legislative authority to support businesses that contribute to funding of municipal services.
Staff reviewed the proposal and recommend against a prohibition of mobile vendors at this time. With regards to fireworks, the Fire Department advises that the sale of fireworks is safer from a mobile location than from a temporary occupancy within a building. In the past, inspection has found temporary occupancies within the buildings not meeting Fire & Building Codes. A number of these buildings had multiple tenants, putting those tenants at risk from the hazardous nature of fireworks. A mobile location due to building separation distances limits the risk to adjoining occupants.
Regarding a complete ban of mobile vendors, the Town has permitted them for over twenty years, allowing convenient access to specific products, such as a hot dog vendor in an industrial area, where no restaurant exists within 500 m. Committee may wish to direct staff to consider a complete review of mobile regulations to ensure best interests of the community are continuing to be met.
The above table
shows that both
Insurance Requirements
Applicants for the discharge of Display and Theatrical Fireworks will be required to submit proof of commercial general liability insurance in the amount of two million dollars ($2,000,000) naming the Town as an additional insured and containing a cross liability clause.
Training and
Information Seminar
As a condition for the issuance of a permit, all vendors will be required to have at least one employee complete a fireworks training and information seminar conducted by the Fire Prevention Division. The expectation is that the individual will coordinate the safe and lawful sale of fireworks from the site and will liaise with all employees of the permit holder. On-site inspections by the Town staff will determine compliance with regulations and dissemination of information.
Permits for
Display and Theatrical Fireworks
Display Fireworks are used by commercial firework operators for large shows at which the public is normally invited. This type of firework is defined in the by-law and is based on a classification in the Explosives Act. The amended by-law will clarify that a permit is required only for the discharge of Display and Theatrical Fireworks and include regulations to provide for the safe and proper discharge of the fireworks.
All Other
Prior By-law Requirements Continue to Apply
The balance of the provisions of the existing by-law regulating fireworks are contained within the new by-law, with administrative and legislative changes only.
FINANCIAL TEMPLATE: (external link)
Not applicable
ENVIRONMENTAL CONSIDERATIONS:
Not applicable
ACCESSIBILITY CONSIDERATIONS:
Not applicable
ENGAGE 21ST CONSIDERATIONS:
Engage 21st organizational
values and service principles include innovation…continually
striving to develop and apply new ideas, products and services, technologies
and skills.
Engage 21st also identifies the
Town’s corporate goals of organizational
excellence…to achieve excellence in managing and delivering quality services
through quality people.
BUSINESS UNITS CONSULTED AND AFFECTED:
Legal Services
Fire & Emergency Services
RECOMMENDED
BY: ________________________ ________________________
Sheila Birrell Andy Taylor
Town Clerk Commissioner
ATTACHMENTS:
Draft By-law