[A.O.]
It is the intent of the Board of Supervisors of Solebury Township
to protect the health, safety and welfare of the general public through
limiting the use of fireworks. Fireworks by nature contain explosives
which when misused can damage property and endanger human life. This
part prohibits the use of display fireworks by the general public
but allows for public displays of display fireworks by professional
competent pyrotechnicians in a safe manner.
[A.O.]
Any combustible or explosive composition or any substance
or combination of substances, intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR, as amended, or any successor regulation and
which complies with the provisions for "consumer fireworks" as defined
in the American Pyrotechnics Association (APA) Standard 87-1, as amended,
or any successor standard. The term does not include devices such
as "ground and hand-held sparkling devices" and "toy caps" in APA
Standard 87-1, as amended.
Defined as provided in 27 CFR 555.11, as amended.
[A.O.]
1.Â
The use of fireworks, whether consumer fireworks, display fireworks
or other types of fireworks, shall be strictly prohibited at any location
within 200 feet of any structure, property line, vehicle or roadway
unless prior written permission is received from all property owners
within the two-hundred-foot area and prior approval by the Township.
2.Â
The use of fireworks, whether consumer fireworks, display fireworks
or other types of fireworks, shall be strictly prohibited within any
closed structure or any building or tent.
[A.O.]
1.Â
Unlawful to Use Display Fireworks Without a Permit. It shall be unlawful
for any person, persons, firms or corporations, amusement parks, fair
associations or other organizations or groups of individuals, to use
and/or hold public displays of display fireworks within the limits
of the Township of Solebury, unless a permit therefor is first granted
by Solebury Township, as hereinafter provided.
2.Â
Compliance with State and Federal Statutes and Regulations. The applicant
for a permit to display fireworks within this Township must comply
with and abide by any and all Pennsylvania and federal statutes and
regulations and any and all applicable county or other local regulations
governing the use, storage, and display of fireworks, including, but
not limited to, the International Fire Code and 35 P.S. § 1271
et seq., as amended. All Pennsylvania, federal, county and other local
laws and regulations are incorporated herein by reference. All regulations
relating to the display of fireworks under the International Fire
Code and/or Uniform Construction Code are also incorporated herein
by reference. In the event of an inconsistency between the aforementioned
Pennsylvania, federal, county and other local laws and regulations
and this part, the more stringent regulation shall apply. The applicant
must further receive any and all requisite Pennsylvania, federal,
county and/or other local permits and/or licenses relating to the
proposed fireworks display.
3.Â
Competent Operator and Safe Display Location. Every such fireworks
display within the limits of the Township shall be handled, arranged,
managed and directly supervised by a competent operator. Every such
fireworks use and display within the Township shall be of such a character
and so located, discharged or fired, as not to be hazardous to property
or endanger any person or persons in the opinion of the Board of Supervisors,
or their duly authorized representative. The Fire Chief of the fire
company responsible for fire protection at the place of the event
and fire code official, or other such officer as may be designated
by the Township, shall inspect the site where the fireworks are to
be used and displayed prior to the issuance of a permit in accordance
with the International Fire Code and other applicable regulations
and ensure that the site and proposed fireworks display are compliant
with said regulations. No permit for the use of fireworks shall be
issued until the Fire Chief of the fire company responsible for fire
protection at the place of the event, or other such officer as may
be designated by the Township, determines that the requested permit
may be granted after inspecting the location for the requested display.
4.Â
Permit.
A.Â
An application for a permit shall be made in writing to the Township
at least 30 days in advance of the date of the proposed use and display,
and shall set forth the proposed date, time and location of the use
and display, the character and duration thereof, the name and address
of the competent operator, and the name and address of the owner or
owners of the grounds on which the use and display is to be held,
together with the written consent of such owner or owners thereto
and a copy of any permit application required by the International
Fire Code. The application for the permit shall also contain copies
of any and all state, federal and/or county permits and/or licenses
needed for the use and display of fireworks. All applicants shall
pay the Township the appropriate reasonable permit fee identified
in the Township's duly enacted fee schedule resolution before
the issuance of a permit and shall further provide proof of liability
insurance, acceptable to the Township, and the required bond to the
Township. The Township Board of Supervisors may attach conditions
and/or restrictions on any permit for the use and display of fireworks
as are deemed necessary.
B.Â
If and after such permit is granted by the Township Board of Supervisors
or an authorized designee, the possession, use and display of fireworks
for the approved display shall be lawful for that purpose, date and
time only. No permit granted hereunder shall be transferable.
C.Â
No permit for the use and display of fireworks shall be issued to
an individual under the age of 18.
5.Â
Bond Required. The Board of Supervisors of the Township of Solebury
shall require a bond deemed adequate by the Board of Supervisors from
the applicant, permittee or licensee in an amount deemed appropriate
by the Board of Supervisors. The bond amount shall be no less than
$1,000,000, and shall be provided for the payment of any and all damages
caused to any person or persons, and to any property by reason of
the fireworks display and arising from any acts of the licensee, his
or its agents, employees, subcontractors or volunteers. The bond shall
be in a form acceptable to the Township and no permit for a fireworks
display shall be issued unless an acceptable bond is received by the
Township.
6.Â
Liability Insurance. The Board of Supervisors of the Township of
Solebury shall require liability insurance deemed adequate by the
Board of Supervisors from the applicant, permittee or licensee in
an amount deemed appropriate by the Board of Supervisors. The liability
insurance amount shall be no less than $2,000,000, and shall list
Solebury Township, the Board of Supervisors, individually and collectively,
the Township employees, agents and consultants as additional insureds.
The liability insurance shall be in a form acceptable to the Township
and no permit for a fireworks display shall be issued unless an acceptable
certificate of insurance evidencing the required coverage is received
by the Township.
7.Â
Continuance. If by reason of unfavorable weather the fireworks display
for which a permit has been granted does not take place at the time
so authorized, the person to whom such permit was issued may the following
business day apply to the Township, and set forth under oath the fact
that such use and display was not made, the reason the use and display
did not take place, and a request for a continuance of such permit
for a day designated therein. The continuance date shall be no later
than one week (seven days) after the day fixed originally in said
permit. Upon receiving such application for a continuance, the Township,
if it believes the facts stated therein are true, may extend the provisions
of said permit to the day fixed in said application, no later than
one week (seven days) after the original day designated in the permit,
and such extension of time shall be granted without the payment of
any additional fee and without requiring any insurance other than
the certificate of insurance given for the original permit, provided
that the provisions of the original certificate of insurance extend
to and cover all damages which may be caused by reason of said use
and display taking place at such extended date in the same manner
and to the same extent as if such use and display had taken place
at the date originally fixed in the permit.
[A.O.]
In the event of any violation of this part or of the terms,
conditions or limitations noted on a permit for the display of fireworks,
or in the event of any unsafe condition occurring before or during
the course of a fireworks display, or in the event of any unsafe condition
occurring as a result of any use of consumer, display or other fireworks
within the Township, the Pennsylvania State Police, Solebury Township
Police, Fire Chief of the fire company responsible for fire protection
at the place of the event or the appropriate Township designee, or
any other authorized Township representative may, before or during
the unsafe and/or violating occurrence, order such fireworks use or
display to be stopped in the interest of public safety.
[A.O.]
Any person, individual, partnership, copartnership, association
or corporation violating the provisions of this part, upon conviction
thereof in an action brought before a magisterial district judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
