BYLAW TOWN OF BLACK DIAMOND

Transcription

1 BEING A BYLAW OF THE, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF ESTABLISHING FIRE PROTECTION SERVICES IN AND FOR. WHEREAS the Municipal Government Act, S.A c. M-26.1, as amended (hereinafter referred to as "the Act"), provides that a Council of a Municipality may pass bylaws for the safety, health and welfare of people and the protection of people and property; AND WHEREAS the Council of the Town of Black Diamond wishes to establish a fire service within the Town and to provide for the efficient operation of such a fire service; NOW THEREFORE the Council of the Town of Black Diamond, in the Province of Alberta, duly assembled, enacts as follows: SECTION 1 - NAME OF BYLAW 1.1 This Bylaw may be cited as " Town of Black Diamond Fire Department Bylaw". SECTION 2 - DEFINITIONS 2.1 In this Bylaw: (c) (d) (e) (f) (g) "COUNCIL" means the COUNCIL of the Town of Black Diamond; "DANGEROUS GOODS" means any product, substance or organism specified in the regulations or included by its nature in any of the classes listed in the regulations under the Dangerous Goods Transportation And Handling Act, S.A. 1998, c. D-3, as amended; "EMERGENCY UNIT" means a fire truck, pumper truck, rescue truck, brush truck, DANGEROUS GOODS unit or tanker; "FALSE ALARM" means any fire alarm that is activated needlessly, through wilful or accidental, human, mechanical or electronic error, and to which the Fire Department responds; "FIRE CHIEF," is the Department Head of the Fire Department for the Town of Black Diamond; "FIRE DEPARTMENT" means the entity as established and organized for the Town pursuant to the provisions of this Bylaw consisting of, inter alia, all persons appointed or recruited to the various positions prescribed herein, all equipment, apparatus, materials and supplies used in the operation, maintenance and administration of FIRE DEPARTMENT, including fire stations; "FIRE PERMIT APPLICATION" shall mean a document in the form approved by the FIRE DEPARTMENT; 1

2 (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) CONDITIONS TO FIRE PERMIT APPLICATION shall mean rules, waivers and obligations in writing in the form set out in Schedule B herein: "FIRE PERMIT" shall mean a document in the form as approved by the FIRE DEPARTMENT; FIREWORKS see Schedule C. "INCIDENT" means a fire or a situation where an explosion is imminent or any other situation where there is a danger or a possible danger to life or property and to which FIRE DEPARTMENT has responded; "INCINERATOR FIRE" means a fire that is confined within a noncombustible structure or container that has the draft and smoke vents thereof covered with a heavy gauge metal screen having a mesh size not larger than 13 millimetres and which is ventilated in such a manner as to preclude the escape of combustible materials including ash, which fire is set for the purpose of burning household refuse, excepting plastic products; "MEMBER" means any person who is a duly appointed MEMBER of the FIRE DEPARTMENT; "OPEN FIRE" shall mean any Fire which is not an INCINERATOR FIRE, Pit Fire, Public Park Site Fire and Smudge Fire, and which, without limiting the generality of the foregoing shall include grass fires, forest and brush fires, running fires, structure fires, building fires, wood scrap fires, ground thawing fires and chattel fires; PEACE OFFICER shall mean any MEMBER of the RCMP, a Bylaw Enforcement Officer or a Special Constable as approved by COUNCIL; "PORTABLE APPLIANCE" means any appliance sold or constructed for the purpose of cooking food in the out-of-doors; "PUBLIC PARK SITE FIRE" means a fire which is totally confined within a non-combustible structure or container that has the draft and smoke vents thereof covered with a heavy gauge metal screen having a mesh size no larger than 13 millimetres and which is ventilated in such a manner as to preclude the escape of combustible materials including ash, and which fire is set for means of cooking food, obtaining warmth or viewing for pleasure. Such fire may only be fuelled with dry wood, charcoal; "RUNNING FIRE" means a fire burning without being under the proper or any control of any person; "SMUDGE FIRE" means a fire confined within a non-combustible structure or container that is set for the purposes of thawing ground; "VIOLATION TAG" means a tag or similar document issued by the Town pursuant to the Act, S.A. 1994, c. M-26.1, as amended; 2

3 (u) "VIOLATION TICKET" means a ticket issued pursuant to Part II of the Provincial Offences Procedure Act, S.A. 1988, c. P-21.5, as amended, and Regulations thereunder. SECTION 3 FIRE DEPARTMENT 3.1 The COUNCIL does hereby establish the FIRE DEPARTMENT, for the purpose of: (c) (d) (e) (f) (g) (h) preventing and extinguishing fires; investigating the cause of fires; preserving life and property and protecting persons and property from injury or destruction by fire; providing rescue, including but not limited to medical co-response, medical first response, and lift assists; preventing, combating and controlling INCIDENTS; carrying out preventable patrols; recommending to COUNCIL the entering into of agreements with other municipalities or persons for the joint use, control and management of fire extinguishing apparatus and equipment; purchasing and operating apparatus and equipment for extinguishing fires or preserving life and property. 3.2 The FIRE DEPARTMENT is hereby authorized to control and mitigate INCIDENTS involving DANGEROUS GOODS. 3.3 Each FIRE DEPARTMENT MEMBER shall have the authority and power to: perform work relating to the extinguishing or controlling a fire or the operations to preserve life and property and enter onto any property for the purpose of extinguishing or controlling a fire; prevent interference with the efforts of persons engaged in the extinguishing of a fire or preventing the spread thereof by regulating the conduct of the public at, or in the vicinity of a fire; SECTION 4 FIRE CHIEF 4.1 The FIRE CHIEF, shall be appointed by COUNCIL. 4.2 The FIRE CHIEF, shall be responsible to the Town Manager. 3

4 4.3 The FIRE CHIEF, has complete responsibility and authority over the FIRE DEPARTMENT, subject to the direction of the Town Manager, and shall, upon approval of the Town Manager, prescribe rules, regulations and policies for the ongoing organization and administration of the FIRE DEPARTMENT, including but not limited to: the use, care and protection of FIRE DEPARTMENT property; the appointment, recruitment, conduct, discipline, duties and responsibilities of the MEMBERS; (c) the efficient operation of the FIRE DEPARTMENT; (d) establishment of Standard Operating Procedures: 4.4 Regulations, rules or policies made pursuant to Section 4.3 of this Bylaw shall not be inconsistent with the legislation and regulations of the Province of Alberta and the Policies and bylaws established by the Town of Black Diamond. 4.5 The FIRE CHIEF, shall: (c) (d) upon approval of the COUNCIL, purchase or otherwise acquire equipment, apparatus, materials or supplies required for the operation, maintenance and administration of FIRE DEPARTMENT to be used in connection therewith; keep or cause to be kept, in proper form, records of all business transactions of FIRE DEPARTMENT, including records of fires attended, actions taken in extinguishing fires, inspections carried out and actions taken on account of inspections and any other records incidental to the operation of the FIRE DEPARTMENT; upon approval of the COUNCIL, negotiate on behalf of the COUNCIL, with the Provincial Government of Alberta, other municipalities and persons for the purpose of establishing mutual aid agreements and fire control agreements with recommendations and concerns regarding the establishing or renewing of any mutual aid agreement or fire control agreement or amendments thereto; perform such functions and have such powers and responsibilities as COUNCIL may from time to time prescribe. 4.6 The FIRE CHIEF, or any other MEMBER in charge at a fire who is also a Safety Codes Officer pursuant to the Safety Codes Act, is empowered to cause a building, structure or object to be pulled down, demolished or otherwise removed if they deem necessary to prevent the spread of fire to other buildings, structures or objects. 4

5 4.7 The FIRE CHIEF, or any other MEMBER in charge at an INCIDENT who is also a Safety Codes Officer pursuant to the Safety Codes Act, is empowered to cause the FIRE DEPARTMENT to enter on any land or premises, including adjacent land or premises, to combat, control or deal with the INCIDENT in whatever manner they deem necessary. 4.8 The FIRE CHIEF, must also be a Safety Codes Officer pursuant to the Safety Codes Act. 4.9 The FIRE CHIEF, or any other MEMBER in charge at an INCIDENT may establish boundaries or limits and keep persons from entering the area unless authorized by the FIRE CHIEF, or any other MEMBER in charge to do so The FIRE CHIEF, or any other MEMBER in charge at an INCIDENT may authorize a PEACE OFFICER to enforce such boundaries as outlined in 4.9. SECTION 5 - CONTROL OF FIRE HAZARDS 5.1 The Town may order the owner or the person in control of any land on which, in its opinion a fire hazard exists to reduce or remove the hazard within a fixed period of time and in a manner prescribed by the Town as outlined in the Municipal Government Act. 5.2 Non-compliance of Section 5.1: The Town may enter on the land with any equipment and any person it deems necessary to eliminate or reduce the fire hazard if the order issued in Section 5.1 has not been complied with. 5.3 The Owner or the person in control of the land on which work was performed pursuant to Section 5.2 shall, on demand, reimburse the Town for the cost of the work performed and in default of payment, the Town may add the cost to the tax roll of the property which forms a special lien against the property in favour of the Town, from the date it was added to the tax roll. SECTION 6 - REQUIREMENT TO REPORT 6.1 The Owner, or the authorized agent, of any property damaged by fire shall immediately report to FIRE DEPARTMENT. 6.2 The Owner, or the authorized agent, of any property containing a Dangerous Good(s) product which sustains an accidental or unplanned release of the Dangerous Good(s) product shall immediately report to the FIRE DEPARTMENT. 5

6 6.3 All reports as outlined in Section 6.1 and 6.2 shall be to the satisfaction of the FIRE CHIEF as set out in the FIRE DEPARTMENT Standard Operating Procedures. SECTION 7 - FIRE PERMIT 7.1 No person shall permit an OPEN FIRE or INCINERATOR FIRE upon land owned or occupied by him or under his control within the Town except when he is the holder of a subsisting FIRE PERMIT issued pursuant to this Bylaw, unless: (c) the fire has been set by the FIRE DEPARTMENT for the purpose of training; or the fire is a PUBLIC PARK SITE FIRE. or the fire is a SMUDGE FIRE or a fire authorized by the FIRE DEPARTMENT. 7.2 Any person wishing to obtain a FIRE PERMIT must complete a FIRE PERMIT APPLICATION and agree to the CONDITIONS TO FIRE PERMIT APPLICATION/FIRE PERMIT with the Town through FIRE DEPARTMENT as set out in Schedule "B" An application for a FIRE PERMIT shall be made to the FIRE CHIEF, or designate and the FIRE CHIEF, or designate, shall receive and consider the application and after having done so, he or she may, in his or her absolute discretion, issue to the applicant a FIRE PERMIT. 7.3 A FIRE PERMIT shall not be transferable. 7.4 FIRE PERMITS issued pursuant to this Bylaw are valid for such period of time as shall be determined and set by the FIRE DEPARTMENT and the FIRE PERMIT shall have endorsed therein the period of time for which the said Permit is valid. 7.5 The FIRE CHIEF, or designate, may in his sole and absolute discretion, terminate a FIRE PERMIT APPLICATION and suspend or cancel a FIRE PERMIT at any time. 6

7 7.6 Each FIRE PERMIT APPLICATION and FIRE PERMIT must contain the following information: (c) (d) (e) (f) (g) (h) (i) the name, address and telephone number of the applicant; the reason a FIRE PERMIT is required; the legal description of the land on which the applicant proposes to set a fire; the location of the fire; the type and description of the material which the applicant proposes to burn; the period of time for which the FIRE PERMIT is valid; the precautions, if any, that will be taken by the applicant to ensure that the proposed fire remains under his control; the signature of the applicant; the signature of the FIRE CHIEF, or designate, issuing the FIRE PERMIT. SECTION 8 FIREWORKS 8.1 See Schedule C attached hereto and forming a part of this bylaw. SECTION 9 - RECOVERY OF COSTS 9.1 Where the FIRE DEPARTMENT has taken any action whatsoever for the purpose of extinguishing a fire or responding to a fire call or INCIDENT within or outside the Town or for the purpose of preserving life or property from injury or destruction by fire or other INCIDENT on land within or outside the Town, including any such action taken by the FIRE DEPARTMENT on a FALSE ALARM, the FIRE CHIEF, or designate, may, charge any costs incurred in taking such action to the person who caused the fire or FALSE ALARM or the owner or occupant of the land in respect of which the action was taken. 9.2 Fees which may be charged by the FIRE DEPARTMENT for services rendered pursuant to this Bylaw shall be as set out in Schedule "A". 9.3 In respect of the costs or fees described in Sections 9.1 and 9.2: the Town may recover such cost or fee as a debt due and owing to the Town; or, in the case of action taken by the FIRE DEPARTMENT in respect of land within the Town, where the cost or fee is not paid upon demand by the Town, then in default of payment, such cost or fee may be charged against the land as taxes due and owing in respect of that land. 7

8 SECTION 10 - OFFENCES 10.1 Any person who ignites, fuels, supervises, maintains or permits an OPEN FIRE or INCINERATOR FIRE within the municipal boundaries of the Town of Black Diamond without a valid FIRE PERMIT as required by this Bylaw is guilty of an offence, unless; (c) (c) the fire is a SMUDGE FIRE confined within a non-combustible structure or container that is set for the purposes of thawing ground; the fire has been set by the FIRE DEPARTMENT for the purpose of training; the fire is a PUBLIC PARK SITE FIRE; or the fire has otherwise been authorized by the FIRE DEPARTMENT When an offence is committed under Section 10.1 the owner or occupier of the land or the person having control of the land upon which such fire is lit, shall: extinguish the fire immediately; or where he is unable to extinguish the fire immediately, report the fire to the FIRE DEPARTMENT No person shall, either directly or indirectly personally or through an agent, servant or employee kindle a fire and let it become a RUNNING FIRE on any land not his own property or allow a RUNNING FIRE to pass from his own property to the property of another No person shall: light an OPEN FIRE, INCINERATOR FIRE, or SMUDGE FIRE without first taking sufficient precaution to ensure that the fire can be kept under control at all times; light an OPEN FIRE, INCINERATOR FIRE, or SMUDGE FIRE when the weather conditions are conducive to creating a RUNNING FIRE; (d) place an OPEN FIRE, INCINERATOR FIRE, or SMUDGE FIRE less than 3.0 metres from any structure including but not limited to a fence, deck, garage, shed, or house, (e) burn in an OPEN FIRE, INCINERATOR FIRE, or SMUDGE FIRE garbage, leaves, straw, painted wood, treated construction materials and items made of or containing rubber, plastic, tar or any materials deemed for disposal, (e) fail to take reasonable steps to control a fire for the purpose of preventing it from becoming a RUNNING FIRE or from spreading onto land other than his own; 8

9 (f) (g) (h) (i) (j) (k) (l) (m) deposit, discard or leave any burning matter of substance where it might ignite other material and cause a fire; conduct any activity that involves the use of fire that might reasonably be expected to cause a fire, unless he exercises reasonable care to prevent the fire from occurring; provide false, incomplete or misleading information to the Municipality or to the FIRE DEPARTMENT on or with respect to the FIRE PERMIT APPLICATION; interfere with the efforts of persons authorized in this Bylaw to extinguish fires or preserve life or property; interfere with the operation of any FIRE DEPARTMENT equipment or apparatus required to extinguish fires or preserve life or property; damage or destroy FIRE DEPARTMENT property; falsely represent himself as a FIRE DEPARTMENT MEMBER or wear or display any FIRE DEPARTMENT badge, cap, button, insignia or other paraphernalia for the purpose of such false representation. have in his or her possession, sell, offer for sale, give away or otherwise distribute, discharge, fire or set off FIREWORKS unless that person is the holder of a subsisting FIRE PERMIT or the FIREWORKS have been set by a MEMBER for the purpose of training MEMBERS No person shall use a fire to burn: (c) (d) manure; livestock or other animal carcasses; material that will result in the production of dense black smoke including insulation from electrical wiring or equipment, asphalt roofing materials, hydrocarbons, plastics, household plastics, rubber materials or creosote wood; herbicides, pesticides or any other toxic material or substance Nothing in this Bylaw shall be deemed to authorize any fire, burning or other act which is in contravention of the Environmental Protection and Enhancement Act, S.A. 1992, c. E-13.3 and amendments thereto, or any regulation made thereunder, and in the event of any conflict between the provisions of this Bylaw and the said Act or Regulations, the provisions of the said Act or Regulations shall govern. 9

10 SECTION 11 - PENALTIES 11.1 A person who contravenes or fails to comply with any condition in a permit or with any order or request directed to him pursuant to this Bylaw is guilty of an offence and liable: if the offence is a contravention of Section 10.4 (f) of this Bylaw, to a fine of $300.00; if the offence is a contravention of any other section of this Bylaw, to a fine of $1, Notwithstanding Section 10.1, any person who contravenes Section 5.2 of this Bylaw is guilty of an offence and liable to a fine of $2, The Town PEACE OFFICER is hereby authorized and empowered to issue a VIOLATION TAG to any person who the Town PEACE OFFICER has reasonable and probable grounds to believe has contravened any provision of this Bylaw; A VIOLATION TAG may be issued to such person: either personally; or by mailing a copy to such person at his last known post office address The VIOLATION TAG shall be in a form approved by the Town and shall state: (c) (d) (f) the name of the person; the offence; the appropriate penalty for the offence as specified in this Bylaw; that the penalty shall be paid within thirty (30) days of the issuance of the VIOLATION TAG; any other information as may be required by the Town Where a contravention of this Bylaw is of a continuing nature, further VIOLATION TAGS may be issued by the PEACE OFFICER, provided that no more than one VIOLATION TAG shall be issued for each day that the contravention continues Where a VIOLATION TAG is issued pursuant to this Bylaw, the person to whom the VIOLATION TAG is issued may, in lieu of being prosecuted for the offence, pay to the Town the penalty specified on the VIOLATION TAG. 10

11 11.7 Nothing in this Bylaw shall prevent a PEACE OFFICER from immediately issuing a VIOLATION TICKET for the mandatory Court appearance of any person who contravenes any provision of this Bylaw. SECTION 12 - VIOLATION TICKET 12.1 If the penalty specified on a VIOLATION TAG is not paid within the prescribed time period then a PEACE OFFICER is hereby authorized and empowered to issue a VIOLATION TICKET pursuant to Part II of the Provincial Offences Procedure Act, S.A. 1988, c.p-21.5., as amended. SECTION 13 - SEVERABILITY 13.1 Should any section or part of this Bylaw be found to have been improperly enacted, for any reason, then such section or part shall be regarded as being severable from the rest of the Bylaw and the Bylaw remaining after such severance shall be effective and enforceable as if the section found to be improperly enacted had not been enacted as part of this Bylaw. SECTION 14 - REPEAL 14.1 This Bylaw shall repeal Bylaw

12 READ A FIRST TIME THIS 20th day of September, A.D MAYOR TOWN MANAGER READ A SECOND TIME THIS 6th day of December, A.D. 2000; MAYOR TOWN MANAGER READ A THIRD TIME AND FINALLY PASSED THIS 6th day of December, A.D MAYOR 12 TOWN MANAGER

13 SCHEDULE A 1. FIRE DEPARTMENT Fees and Charges 1.1 Response to a Fire, Rescue, or other INCIDENT on any property other than in the Town of Black Diamond or provincial highways: $ per hour, per unit or any portion thereof, exclusive of command cars. Administrative costs and the cost for replacement of equipment and/or materials used, lost, or damaged as a result of the response. 1.2 Fire, DANGEROUS GOODS, and Rescue Responses on provincial highways: $ per hour, per unit or any portion thereof. cost for replacement of equipment and/or materials used, lost, or damaged as a result of the response. 1.3 Response to a DANGEROUS GOODS, on any property other than provincial highways: $ per hour, per unit or any portion thereof. Administrative costs and the cost for replacement of equipment and/or materials used, lost, or damaged as a result of the response. 1.4 Responses to other Municipalities excluding those with mutual aid agreements: $ per hour, per unit or any portion thereof. cost for replacement of equipment and/or materials used, lost, or damaged as a result of the response. 1.5 FALSE ALARM Responses $ per INCIDENT 1.6 FIRE DEPARTMENT site inspections for regulated occupancies, eg. day cares, licensed liquor establishments: Included in Business Licence 1.7 Requested site inspections and required fire investigations. One hour or portion thereof: $ 40.00/first hour $ 30.00/additional hour 1.8 File Search/Report Copies: $ per file pursuant to FOIP Guidelines 13

14 1.9 Duplicate of Photograph: $ per photograph pursuant to FOIP Guidelines Photocopy of Photograph: $ 5.00 per copy pursuant to FOIP Guidelines 1.10 Private Hydrant Flow Test (new installations): $ per hydrant Hydrant test data (file search): $ Permit to sell consumer FIREWORKS or shop goods: $ annual fee Permit to sell display FIREWORKS: $ annual fee Permit to discharge FIREWORKS consumer FIREWORKS: $ 25.00/INCIDENT fee Permit to discharge display FIREWORKS: $ annual fee (Non profit organizations involved in public displays may be exempt from fees, must have licensed operator) 1.12 Site inspection and permit for flammable/combustible fuel tank removal: $ Public Education/Safety Programs: a) Home Fire Safety Workshop b) Emergency Bystander Program c) First Aid & C.P.R. cost recovery SCHEDULE B 14

15 CONDITIONS TO FIRE PERMIT APPLICATION OBLIGATIONS AND DUTIES OF THE TOWN The Town agrees to consider the Applicant's Application which, without limiting the generality of the foregoing, shall include the performance of any inspections or investigations which the FIRE DEPARTMENT, in its sole and absolute discretion, deems necessary to be undertaken. The Authorized representative of the Town may in its sole and absolute discretion issue a FIRE PERMIT to the Applicant, which FIRE PERMIT may be issued under such terms and conditions as the Town deems appropriate. OBLIGATIONS AND DUTIES OF THE APPLICANT The Applicant warrants that he/she/it is the owner or occupant of, or has obtained the written permission of the owner or occupier of the property described in the Application to carry out those purposes and acts for which a FIRE PERMIT is being sought. The Applicant agrees to allow the FIRE DEPARTMENT to enter upon the property for the purpose of carrying out the provisions of the Bylaw and this Application, which, without limiting the generality of the foregoing, shall include the inspection of the property and the prevention or extinguishing of any fire thereon. The Applicant agrees to comply with all Federal, Provincial and Municipal legislation, regulations and other requirements, and to observe all recognized safety standards and practices. In the event that the Applicant is granted a FIRE PERMIT by the Town, the Applicant agrees to pay all costs associated with extinguishing of all fires caused directly or indirectly by violation of the terms and conditions of this Application, including the FIRE PERMIT. The Applicant agrees to call prior to each burn to ascertain whether the FIRE PERMIT has been suspended or terminated. LIABILITY WAIVER AND INDEMNITY The Applicant agrees: 1. Not to make or bring any claim, action, suit, proceeding or demand against the Town, its elected officials, officers, employees, servants, agents and contractors 15

16 with respect to any occurrence, INCIDENT, accident or happening relating in any manner whatsoever to this Application or the issuance of a FIRE PERMIT to the Applicant by the Town, and the rights and obligations arising therefrom, which, without limiting the generality of the foregoing shall include any claim, action, suit, proceeding or demand arising in tort or contract; 2. To indemnify and save harmless the Town, its elected officials, officers, employees, servants, agents and contractors with respect to any claim, action, suit, proceeding or demand made or brought against the Town, its elected officials, officers, employees, servants, agents and contractors by any third party with respect to any occurrence, INCIDENT, accident or happening relating in any manner whatsoever to this Agreement or the issuance of a FIRE PERMIT to the Applicant by the Town, and the rights and obligations arising therefrom, and which indemnity shall, without limiting the generality of the foregoing include any claim, action, suit, proceeding or demand arising in tort or contract, and shall include all legal costs incurred by the Town in defending such a claim, action, suit, proceeding or demand. TERMINATION Notwithstanding anything contained within this Application, this FIRE PERMIT may be suspended or terminated at any time by the Town in its sole and absolute discretion upon providing notice to the Applicant when calling prior to each burn. GENERAL MATTERS This Agreement constitutes the entire agreement between the Parties hereto relating to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no general or specific warranties, representations or other agreements by or among the Parties in connection with the entering into of this Agreement or the subject matter hereof except as specifically set forth herein. The Applicant hereby covenants and agrees to do such things, obtain such approvals, permits and licenses and execute such further documents, agreements and assurances as may be necessary or advisable from time to time in order to carry out the terms and conditions of this Agreement in accordance with their true intent. This FIRE PERMIT may not be assigned in whole or in part by the Applicant without the express written permission of the Town. 16

17 This FIRE PERMIT shall enure to the benefit of and be binding upon the Parties hereto, their respective successors and permitted assigns. 17

18 SCHEDULE C FIREWORKS Definitions: 1. Consumer FIREWORKS Any small FIREWORKS device designed primarily to produce visible effects by combustion or deflagration that complies with the construction, chemical composition, and labeling regulations of the U.S. Consumer Products Safety Commission, and its Canadian counterparts. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50mg ( 0.002g) or less of explosive composition (salute powder), and aerial devices containing 130mg (0.005g) or less of explosive composition (salute powder) per explosive unit. Consumer FIREWORKS are normally classed as Explosives, 1.4G and described as FIREWORKS UN Display FIREWORKS FIREWORKS devices intended for use in FIREWORKS displays that are presented in conformance with NFPA These devices are designed to produce visible or audible effects for entertainment purposes by, combustion, deflagration, or detonation. The term display FIREWORKS, as used in NFPA 1123, includes consumer FIREWORKS to be used in FIREWORKS displays; larger devices of similar construction and chemical composition that are classed as Explosives, 1.3G and described as FIREWORKS, UN0335. Other devices that produce visible or audible effects for entertainment purposes that are classed as Explosives, 1.3G, 1.4G, or 1.4S. 3. FIREWORKS Display A presentation of FIREWORKS for a public or private gathering. 4. Salute A display FIREWORKS item that is designed to produce a loud report. 5. Salute Powder A pyrotechnic composition that makes a loud report when ignited and constitutes the sole pyrotechnic effect of a salute. Operator Licensing Requirements: 1. A requirement of licensing is that the applicant has attained the age of 21 years. 2. A requirement of licensing is that the applicant has passed a comprehensive written examination covering provincial laws pertaining to the display of FIREWORKS and NFPA At the option of the issuing office, alternate requirements may be 18

19 substituted, such as acceptance of competency certification by a national organization or of licensing by another province. 3. A requirement of licensing is that the applicant has provided evidence of actively participating in the performance of at least 5 outdoor FIREWORKS displays. 4. The license shall be valid for a period of 4 years. 5. Renewal of the license shall be automatic upon provision of proof of actively participating in at least 3 outdoor FIREWORKS displays during the prior 4 years. Types of Consumer FIREWORKS: 1. Ground and hand-held sparkling and smoke devices. 2. Cylindrical Fountain cylindrical tube containing not more than 75g (2.6oz.) of pyrotechnic composition. Upon ignition, a shower of coloured sparks, and sometimes a whistling effect or smoke, is produced. This device can be provided with a spike for insertion into the ground (Spike Fountain), a wood or plastic base for placing on the ground (Base Fountain), or a wood or cardboard handle to be hand-held (Handle Fountain). Where more than one tube is mounted on a common base, total pyrotechnic composition cannot exceed 200g (7.1oz.) 3. Cone Fountain: cardboard or heavy paper cone containing not more than 50g (1.8oz.) of pyrotechnic composition. The effect is the same as the cylindrical fountain. Where more than one cone is mounted on a common base, total pyrotechnic composition cannot exceed 200g ( 7.1 oz.). 4. Illuminating Torch: cylindrical tube containing not more than 100g (3.5oz.) of pyrotechnic composition that produces a coloured flame upon ignition. Can be spike, base, or hand-held. Where more than one tube is mounted on a common base, total pyrotechnic composition cannot exceed 200g (7.1oz.). 5. Wheel: pyrotechnic device intended to be attached to a post or tree by means of a nail or string. Can have one or more drivers, each of which can contain not more than 60g (2.1oz.) of pyrotechnic composition. No wheel can contain more than 200g (7.1oz.) total pyrotechnic composition. Upon ignition, the wheel revolves, producing a shower of colour and sparks and sometimes, a whistling effect. 6. Ground Spinner: small device containing not more than 20g (0.7oz.) of pyrotechnic composition, venting out an orifice usually on the side of the tube. Similar in 19

20 operation to the wheel but intended to be placed flat on the ground and ignited. A shower of sparks and colour is produced by the rapidly spinning device. 7. Flitter Sparkler: narrow paper tube attached to a stick or wire and filled with no more than 5g (0.2oz.) of pyrotechnic composition that produces colour and sparks upon ignition. The paper at one end of the tube is ignited to make the device function. 8. Toy Smoke Device: small plastic or paper item containing not more than 100g (3.5oz.) of pyrotechnic composition that, upon ignition, produces white or coloured smoke as its primary effect. 20