163-2016 Fireworks Flashcards
1
Q
What section and Act permits a local municipality to license, regulate and govern any business carried on within the minicipality?
A
- Section 150 of the Municipal Act.
2
Q
What section and Act permits a municipality to prohibit and regulate the sale of fireworks and the setting off of fireworks?
A
- Section 121 of Municipal Act
3
Q
What are the restrictions on the sale and purchase of fireworks in this by-law intended to promote?(3)
A
- the health and safety of Brampton citizens.
- the control of nuisances, particularly danger to persons and property from fireworks that escape from the property where they are set off.
- consumer protection, particularly the use of unauthorized fireworks.
4
Q
What are Consumer fireworks and how are they dealt with?(2)
A
- designed for recreational use by the public.
- are dealt with in part 12 of Regulation C.R.C chapter 599 of the Federal Explosives Act
5
Q
What are Display fireworks and how they dealt with? (2)
A
- fireworks used in larger, usually public fireworks displays.
- dealt with in part 13 of Regulation C.R.C chapter 599 of Federal Explosives Act
6
Q
What hazard level are Consumer Fireworks and how classified? (2)
A
- low hazard generally used for recreation
- classified as type F.1 explosives in the Regulation
7
Q
What hazard level are Display fireworks and how classified?(2)
A
- high hazard firworks designed for use by professionals
- classified as F.2 explosives
8
Q
What are some examples of Display fireworks and where are they found in the Regulation? (6)
A
- ex. : aerial shells, roman candles, waterfalls, lances, wheels
- found in Subdivision 2 of Division 2 in Regulation
9
Q
Who is Fire Chief in this by-law? (1)
A
Fire Chief or designate.
10
Q
What does “Fireworks Display Supervisor Certification” authorize?
A
- authorizes a person to purchase and set off Display Fireworks
11
Q
What is a Fireworks Permit?
A
- permit to discharge firworks issued by Fire Chief.
12
Q
What types of fireworks may a Fireworks Permit be used for? (2)
A
- may be for Display fireworks, or
- for Consumer fireworks, or
- both
13
Q
Who is an Inspector and give 3 examples? (4)
A
- any person appointed to enforce this by-law and includes the following:
- Municipal Law Enforcement Officer
- Fire Prevention Officer
- Police Officer
14
Q
What are “Permitted Fireworks”
A
- consumer fireworks that do not travel more than 3m from the poiint of ignition.
15
Q
What are examples of Permitted FIreworks?(6)
A
- fountains
- wheels
- ground spinners
- burning schoolhouses
- flying ghosts
- sparklers
16
Q
What are “Prohibited Fireworks”?
A
- are consumer fireworks that would reasonably be expected to travel or pose a hazard more than 3m from the point of ignition.
17
Q
What are examples of Prohibited Fireworks?
A
- roman candles
- flying laterns
- barrages
- bombshells
- cakes
- comets
- moines
- missles
- skyrockets
18
Q
What is “Regulation”?
A
- is Regulation C.R.C. c. 599 and any amended or successor Regulations, made under the Explosives Act, R.S. 1985, c.17
19
Q
Who is a “Retailer”
A
- a person, other than a distributor, who sells consumer fireworks.
20
Q
What does the Expolosives Regulatory Division of the Government of Canada do?
A
- gives authorization for the possession or setting off of fireworks
21
Q
What By-law regulates the licensing of retailers of fireworks?
A
- the Business Licensing B-law 332-2013, particularly Schedule 13
22
Q
What is the minimum age one can sell or supply fireworks to?
A
- 18 years of age
23
Q
What is the appearance of age, without proof of age, that one can sell or supply fireworks to?
A
- 25 years of age.
24
Q
No parent/ guardian of any person less than eighteen years of age shall permit such minor person to set off, discharge or fire or cause or permit to be set off, discharged or fired and consumer fireworks.
True or false?
A
- true.
25
Who can be in possession of Prohibited Fireworks?
- Noone
26
Who can may set off Permitted Fireworks subject to the restrictions of this By-law?
- a person
27
What days are permitted to sell, offer to sell, buy or offer ot buy Permitted fireworks? (4)
- New Year's Eve
- Victoria Day
- Canada Day
- Diwali
28
How many days preceding NYE, Victoria Day, Canada Day and Diwali can Permitted Fireworks be bought or sold?
- seven
29
Who can sell, offer to sell, buy or offer to buy Prohibited fireworks?
- no person
30
What by-law, whose conditions must be met, allows for the sale of Permitted fireworks?
- Business Licencing By-Law 332-2013
31
How much Permitted Fireworks (net explosive qty) can be stored in a dwelling or place attached to a dwelling?
- 3kg
32
How much Permitted Fireworks (net explosive qty) can be stored in a place or container that is not in or attached to a dwelling?
- up to 25kg
33
How much fireworks (net explosives qty) must be stored in accordance with federal law?
- more than 25kg
34
What are the safety precautions of the storage of Permitted Fireworks?
- must be in a dry place
- with access denied to anyone under 18 years of age
- away from any source of heat/ substance that could cause ignition
35
How must an unlocked place or container containing more than 3kg of Permitted Fireworks be supervised?
- it must be attended.
36
What is needed to set off fireworks on days other than Victoria Day, Canada Day, Diwali, or NYE?
- Fireworks Permit
37
What are the times one can set off Permitted fireworks?
- between the hours of dusk and 11pm
38
What are the conditions one must follow when setting off Permitted Fireworks? (6)
1. not creating a nuisance or danger to any person or property
2. in, on or into any nuilding, structure, or automobile
3. on or into any highway, street, lane, blvd, roundabout, or private roadway
4. on or into any land used for school purposes
5. on or into any public space or land owned City of Brampton, Canadian gov't, ROP, or any of their boards or agencies
6. on any land whatsoever, except on land belonging to the person setting off the fireworks, or on other privately owned land where the consent of the owner has been obtained
39
What are some examples of the public space or land owned by levels of government where Permitted fireworks can be set on or into? (7)
1. any park,
2. parkette,
3. trail,
4. linear park,
5. land used for storm water management
6. square
7. or other public space owned by the govt/ region
40
What measures must be taken by a person who sets off Permitted fireworks or using sparklers, that minimizes the likelihood of fires or harm to people or property? (4)
1. having a container of water or charged hoseline available and readily accessible
2. never lighting a firework or holding a lit firework in their hand, other than a sparkler
3. after the use of sparklers, placing expired sparklers into a conatiner of water to cool before disposal
4. allowing all fireworks materials to fully cool before disposal
41
What are the conditions property owners must meet when setting off fireworks? (6)
1. not permit, allow, or cause the display of or set off Prohibited fireworks
2. not permit, allow, or cause display of or set off of Permitted Fireworks, except on Victoria Day, Canada Day, Diwali, or NYE unless a valid Fireworks Permit has been obtained
3. permit, allow, or cause the setting off of any Permitted Fireworks in, on or into any building, structure or automobile
4. permit, allow or cause the setting off of any Permitted fireworks on, or into any highway, street, lane, blvd, roundabout, park land or private roadway
5. permit, allow or cause the setting off of any Permitted fireworks in a manner that might cereate a danger or nuisance to any person or property
6. permit, allow, or cause the setting off of Display fireworks at any time of the year, even on Victoria Day, Canada Day, Diwali, or NYE, unless a valid Fireworks Permit has been obtained
42
What has a property owner done when fireworks are discharged from the property?
- deemed to have permitted, allowed or caused the setting off of the fireworks, unless there is evidence to the contrary.
43
When can one set off Display fireworks?
- never, even on NYE, Victoria Day, Canada Day, or Diwali, unless they have a valid Fireworks permit.
44
When can one set of Permitted fireworks?
- only on NYE, Canada Day, DIwali, or others days with valid Fireworks permit.
45
What provisions must be complied with when setting off fireworks under authority of Firework permit?
- provisions of section 17 of Fireworks bylaw 163-2016, under section 121 of the Municipal Act.
46
What must one have to apply for a Fireworks permit with intention of setting off Display fireworks?
- valid Fireworks Display Supervisor Certificate
47
What may the Fire Chief impose to ensure safety of the public?
- any conditions upon the issuance of a Fireworks permit he considers are required.
48
What are the reasons the Fire Chief may not issuee a Fireworks permit? (10)
1. any provisions of this by-law
2. any other by-law
3. the Fire Code
4. , the Act or Regulation
5. the past history of the applicant
6. the proposed locale of the of the display
7. insurance
8. the saftey measures taken, or lack thereof
9. any environmental considerations
10. any consideration regarding the safety of the public or property
49
What is the amount of insurance required for Fireworks Permit?
$5 million
50
Who must be added added to theinsurance policy as additional insureds? (2)
- Corporation of City of Brampton, Regional Municiplaity of Peel
51
How many days prior must to event must application be made?
- 10 days
52
What is the minimum fine for contravention of any provisions of the the Fireworks by-law?
- $500
53
What act is the fine issued under for contravention of the Fireworks bylaw?
Provincial Offences Act
54
What is the minimum fine for a corporation who contravenes any provisions of the Fireworks bylaw?
- $2000
55
What by-law applies to the Fireworks by-law?
- the administrative Penalities (Non-parking) By-law 218-2019
56
Who can seize any fireworks that are in contravention of the provisions of the Fireworks by-law that are in the possession of any individual or corporation who committed the contravention?
- any Inspector who observes the contravention.
57
What happens if a court of competent jurisdiction declares any provision or part of a provision of the FIreworks by-law to be invalid or to be no force and effect?
- the remainder of the by-law shall continue to be in force and be applied and enforced
