Protective Services & Community Services Report - Fireworks Bylaw

TOWN OF VIEW ROYAL Protective Services & Community Services Report

TO: Committee of the Whole DATE: March 3, 2021 FROM: Paul M Hurst, Fire Chief, Director of Protective Services MEETING DATE: April 13, 2021

Fireworks Bylaw

RECOMMENDATION:

THAT Council receives the report for information.

EXECUTIVE SUMMARY:

The discharge of consumer grade fireworks during Halloween has some history. As a result of a stretch of years where complaints were excessive, and the ability to obtain fireworks was unregulated, several CRD municipalities created bylaws to limit or prohibit the sale of fireworks and manage the discharge of those fireworks. The bylaws have been relatively successful in achieving both intents.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I support the recommendation.

BACKGROUND / DISCUSSION:

November 20, 2018 Council resolution

“THAT Fireworks Regulation Bylaw No. 640 be reviewed in consultation with the community and the Cities of Langford and Colwood;

AND THAT a report with options be subsequently provided to Council.”

The sale and discharge of consumer grade fireworks is unregulated in the Province of BC. The responsibility for this lies solely with individual jurisdictions. Given the nature of the CRD, several municipalities worked to create bylaws that regulated the sale, hours of sale and requirements for discharge. The bylaws have been successful in reducing complaints, as well as limiting personal injury or damage to property because of the discharge in View Royal.

Council requested a review of our Fireworks Bylaw to understand its effectiveness, continued necessity or whether amendments could result in improvements. Further, consultation with Colwood and Langford Fire was also noted to understand their challenges.

The responsibility, under the bylaw for regulating the sale and discharge of fireworks in the Town falls to the Protective Services Department. The department is responsible for the delivery of fireworks safety courses to residents in View Royal, Colwood, Langford, Highlands and Metchosin. The course is also delivered by the 5 participating municipalities and is recognized inter-municipally. The course is also offered online and there are no fees or charges associated with taking the safety course. Successful completion of the course realizes a competency certificate which must be on the person who discharges the fireworks.

The sale of fireworks in all participating Westshore Municipalities is prohibited, this includes Songhees and Esquimalt nations.

It is generally realized that for the most part, View Royal residents have been compliant with the bylaw, specific to discharge. Further, we have realized success in that the sale of fireworks in View Royal has not occurred since the bylaw was adopted. Of course, we cannot account for nonresidents who transit the area or have obtained fireworks from areas other than those participating in the bylaw. That said, the availability now of fireworks online, is becoming more prevalent.

Statistically there are no problems or issues in View Royal specific to fireworks. The Fire Department is not authorized or responsible for the seizure of fireworks, nor can we stop the discharge in the event of a complaint or observed violation. This falls to the RCMP for enforcement.

The Fire Department has not responded to a single fire because of fireworks, attended an injury related to fireworks or intervened in the sale of fire works in View Royal since the inception of the bylaw. The bylaw office has not received complaints specific to fireworks discharge. We issue approximately 6-12 permits for discharge per year, hold three safety courses annually in the Westshore and train approximately 50 people per year.

There are differing points of view on fireworks and their effects, recognizing the effects of the noise on animals and pets, also those with pre-existing health or PTSD issues. I am sensitive to these perceptions or realities, however, calls for service and complaints regarding fireworks do not support a comprehensive review or alteration of the existing bylaw as it stands. Further, if there are areas outside View Royal and in Greater Victoria that do not support a complete ban on sale and discharge, infractions will occur.