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Home My WebLink AboutPD-62-93 UNFINISHED BUSINESS THE OF THE OF Meeting: General Purpose and Administration Committee Date: Monday, April 5, 1993 File # Res. # #: PD- 62 -93 File #: AMENDMEN1' TO FIREWORKS BY -LAW # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 62 -93 be received; 2. THAT the attached amending By-law to By-law 92-160 be approved and a copy forwarded to Mr. Mark Borutskie. 1. BACKGROUND: 1.1 In June 1992, Council passed the current Fireworks By-law 92-160. The By-law restricts sales of fireworks to lawful retail outlets and expressly prohibits sales from any vehicle or trailer. 1.2 The intent of the provlslon is to eliminate "fly-by-night" operations which establish themselves in various areas within a couple of days before the statuatory holidays and take business away from legitimate retail operators. 1.3 At the Council meeting on March 8, 1993, Mr. Mark Borutskie of the Kinsmen Club appeared before Council to request an exemption from the By-law to allow the club to sell fireworks from a trailer to be located on the Beaver Lumber lot in Bowmanville. As a result, staff were directed to prepare a report for the General Purpose and Administrative Committee. 2. COMMENTS: 2.1 As stated above, the purpose of Section l(l)(b) of the By-law was to prohibit sales by private transient organizations who do not have to pay business taxes within the Town and, by virtue of their sales, take business away from the local merchants. The By-law was not intended to deprive a legitimate charity or service organization of a means of raising funds. 5 9"9 0 3 . . .2 REPORT NO. - PD-62-93 PAGE TWO 2.2 The amendment as requested by Council would allow for sales from a trailer for a bona-fide non-profit service club. However, such approval should not be given carte blanche, some safety controls are necessary. 2.3 The proposed amendment would allow such clubs or organizations to file an application in the same manner as is presently followed by refreshment vehicles. Prior to the granting of permission to operate, certain conditions must be met. 2.4 Firstly, the land intended to be used for the location of the trailer must be appropriately zoned. 2.5 Secondly, fireworks storage, transportation and sales are regulated by the Fire Code and the Explosives Division, Department of Energy, Mines and Resources Canada. In the course of preparing this report staff have consulted with the local Fire Inspector and an Explosives Inspector from Energy Mines and Resources. 2.6 The area to be used requires approval from the Fire Chief (as per the Fire Code). There must be a Fire Safety Plan submitted and approved. The plan must show the proposed location of the sales and all setbacks. The Explosives Act (Canada) and the Explosives Regulations set out specific setback requirements. The Explosives Division has provided a copy of their requirements for the sale of family fireworks from temporary trailers (see attached). 2.7 In order to allow sufficient time to process all the required documents, the applicant must submit all the material to the By-law Officer at least sixty days prior to the commencement of the sales. Once all approvals have been obtained a letter of permission would be issued by the By-law Officer. 3. CONCLUSION: 3.1 Staff have no objections to allowing the service clubs and charities an opportunity to raise funds for their various projects. However, the Town has the responsibility to the public at large to ensure these activities are carried out safely and in compliance with all applicable laws. The conditions stipulated are intended to address this issue. Respectfully submitted, Recommended for presentation to the Committee C)0 /~.// 1'[. J I /CX///\!\Ji/I/l/j () {/'1/ Lawrence E. ~6tseff, M.C.I.P. Chief Administ~ative Officer / i . - cJr~l~ ~ Franklin Wu, M.C.I.P. Director of Planning and Development LC*FW*mh 599 04 i'1~P II ',- -, -1 -, C:} :,:'.0F-'l-i E'T'L,:,::,r'.,..E"::, E-P~ii",. F, :: :. l f, 10 A.9.C, rated fir'?: e'(tln?'j'S~,e~' ~..;,:>.!lc De p:o",lded for each em~loyee to combat f'res W~lcn ~eve not yet spread to the fireworks. Flre5 1nvc!vlng ;'rewor~s must n''Jt be fought. Inst.e'.J.c!. ~f"'O:':.S rrust be concentrated on evacuatlon and cr0wC controi. Ali other Provincial regulations anc bY-]3WS must be adhered to. The local f1re authority should ~lso ~e nstif'e~. You" s sin c ere '1 y . _'. F. Henor i cf<. Regional Inspector of ExploSlves Ontario Region J;:H/br !)99 06 ;l':'F' 11 "::': OJ: c-5Fr'; F::PL ,','=.1"/['::' BF'~rlO, - J r'-~r.d_~'~, -~ m~1 !"; '-'::''1',' f...~I(':'5 ~--,.''; ;:':',:~()'JrCf::~ :~~:i',,;'':;-, tn~rCle, !A,~I(:"', (:1 PI"; :;C:C.Uf'~ f,' ) ~~;J"': ~.~ '~J"~/.;~ ~~;:"I.:~ r :- .)t:' ExploS1Y€S D1Y1Slon 580 Booth St. Ottawa. ON K1A OE4 Div1S10n des Explosifs 580 ruE' Booth Ottawa, ON K1A OE4 5205 Dear Sir-s: Re: Sale of C1ass 7.2.1 Family ~~Qr~s This letter will serve to confirm our recent telephone conversation conCerning the sale of family fireworks from temporary tra~lers. Listed below are basic guidelines for the operation of temporary saies outlets. 1. ihe trailer must be 10cated a safe distance from vulnerable pOints such as parking areas, pUblic road and railways as well as occu~;ed buildings and dwellings. The attached safety distance table provides a guideline. Most trailers never exceed 1200 lbs. gross fireworks. Pyl~ns or snow fence etc. should be used to estajl,sn ~ ~o encroachment zone. S1Xty feet to roads and parkin~ and o~e hu~d~ed ~w~nty feet to occupied bU11dlngs, awe111ngs and Gas $tations 1$ judged to be adequate for Q~antities W~ to 2500 lbS. of fa~ily firew)rks. 2. S~1f-Serve tral1ers reauire that two SeOara!e doors be o;:>erat'ye l.e. side and rear. "No Smc-ki/"ig" s'~n~ ~us~ be ~o5ted at th~ appr03Ch t~ ~h~ tral1er. There must be an emoloyee posted at the entrance to the trailer to 9nf0rc~ tne "No Smohng" rule as wen as 11mlt :he r,0rr.~er ,~J sf')00Der~ ~ I ll)wi;?d in the tJ::lller :1": )rl';' t '(T1e ',.~I)fl11\.' 1~ ~iA\',) t.,dd'~1'JnC\1 e~S'lc'\.<?e~ '7'8V b.;> ------- r?::)IJ)r;:0 tu S'-.J0~r V J~~ '.~le S1"\~rs, ~~~'f ....0 \p I _ ../~ _ ~ 599 05 ( ~ 11+. .:'1 n ~) n ~l I.j;o-.'~ 11 "~"::: , I ~ : :=- . .- . , ',', , . "F- ";_,I~.l..../E'~, c:r'hl ;t":H -. T 1 ~ r:u':::, i=' .J TAB LEO Foe T SID E D 1 S T ,A. NeE S (:\ L L D 1 S T A 1\ C E SIN FEE T) OIST t;r,CE FFlCM D!Sj A~,::t F~~',~ II D....e1ilr.e, IIv,IIg ~vlr:e'$ .\ H,O~WIY, strtt: IfIC bi S:ort. otf'Ct ,"e: I,~t o~nr! teJ~ IC~fU:~:t bui1oj,IIQJ 10 l/'It p\:bhc C.i S:;'O~I. colle'it or bl lIa,lw.y un,vt"'IY (, Atr/XllM", .rod oi Hos;>itJl aM r,st airll!ld , ~o"'O d) e.~~ of (o;J".~:~.t !! O.v'c1'l and ct-~Pt: WOltfW,y ioC:\i:C"9 Il r~ta:ro. .vCltor;""" c,,,,ls .1Id ,r1C OU'lor IS~r.\C:y r!c'Ulioll.l ....:0'1 . b:Jildill9$ oi Park. pIIY9rcu~, 9' F.ctory, wor.shc;. s~onSfltlO lIoel ~:~e' teN':e IUlion I~C OPP'l PIO:es of rllOI'1 9.1100 11 Wpr\( 'I~' wilH~ ~: W't.hpvu 01 SIOrle' I "rOJect are. fo, fl.f'1"',bi! substan:es in Pul.. lbs. Cat . X Cat. X 100 50 25 200 GO 30 400 70 3S 600 80 40 800 90 45 1,000 100 50 2,000 115 58 3,000 124 62, 4,000 130 65 5,000 135 68 6,000 139 70 8,000 146 73 10,000 150 75 15,000 159 80: 20,000 lEiS 83 30,000 174 87 40,000 180 90 50,000 185 ' 93 60,000 189 95 80,000 195 98 59'9' 0 7 I) -.. CORPORA'fION OF THE TOWN OF NEWCAS'fLE BY-LAW 93-50 being a by-law to amend By-law 92-160 being a by-law to regulate the setting off of fll'eworks and the sale of fll'eworks WHEREAS the Council of the Town of Newcastle deems it expedient to amend By-law 92-160; NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1. 'l'HAT By-law 92-160 be amended by adding thereto the following: "8 (1) A registered charity or service organization may malte application in writing to the By.law Enforcement Division for an exemption from the provisions of subsection l(l)(b) permitting the sale of ftreworks from a trailer as part of a fund raising effort for charitable purposes. (2) On application thereto the applicant shall submit the following: (a) a Fire Safety Plan approved by the Chief Fire Official; such Plan shall include the exact location of the trailer, all setbacks from buildings and roads and other such safety measures as required; and (b) a letter of permission from the property owner; and (c) a clearance from the Planning Department stating that the subject property use complies with all zoning requirements, (3) The application shall be made at least sixty days prior to the scheduled start of sales," 2, 'fhis by-law shall come into full force and effect immediately on the day of ftnal passing by Council, save and except sec, 8(3) which shall come into effect July 2, 1993, By-law read a ftrst and second time this 13th day of April 1993, By.law read a third time and fmally passed tills 13th day of April 1993, MAYOR CLERK ~ CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 93-_ being a by-law to amend By-law 92-160 being a by-law to regulate the setting off of fIreworks and the sale of fll'eworks WHEREAS the Council of the Town of Newcastle deems it expedient to amend By-law 92-160; "f{).V. NOW THEREFORE, the Council of the Corporation of the Town of Newcas7le e til as follows: 1. TllAT By-law 92-160 be amended by adding thereto the fOllZwin , "8 (1) A registered charity or service organization may mak application in writing to the By-law Enforcement Division for an exemption fronv1he provisions of subsection 1(1)(b) permitting the sale of fll'eworks from a trail7' er a( part of a fund raising effort for charitable purposes. /" On application thereto the appz' t,{hall submit the following: , (a) a Fire Safety Plan app oved by the Chief Fire Official; such Plan shall include the exact location of 2e' trailer, all setbacks from buildings and roads and other such safety measze as required; and a letter; ermission from the property owner; and a cle~ce from the Planning Department stating that the subject property use cJ'plies with all zoning requirements. (3) The )6'lication shall be made at least sixty days prior to the scheduled start of sales." 2. 7- oom. mtofullf_ Md..... """"""relY M tho """ offlrud...... by Council BY7ead a fll'st and second time this day of 1993. / /;By-law read a third time and fmally passed this / // / / // / // (/ (2) (b) (c) day of 1993. MAYOR .\.-:" CLERK , . 5 9..9 CJ 8