[HISTORY: Adopted by the Board of Supervisors of the Township of Limerick 2-2-1971 by Ord. No. 42; amended in its entirety 3-1-2022 by Ord. No. 410. Subsequent amendments noted where applicable.]
It is the intent of the Board of Supervisors of Limerick Township to protect the health, safety and welfare of the general public through limiting the use of fireworks. It is the intent of the Board of Supervisors that this chapter will be in accordance with and supplemental to Act 43 of 2017 by the Pennsylvania State Legislature.
As used in this chapter, the following terms shall have the meaning indicated:
CONSUMER FIREWORKS
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 (relating to commercial practices) or any successor regulation and which complies with the provisions for "consumer fireworks" as defined in the American Pyrotechnics Association (APA) Standard 87-1, including but not limited to Sections *3.1 and *3.5, or any successor standard. The term does not include devices such as ground and handheld sparkling devices, as defined in APA Standard 87-1, Section *3.1.1, novelties, as defined in APA Standard 87-1, Section *3.2. or toy caps, as defined in APA Standard 87-1, Section *3.3.
DISPLAY FIREWORKS
Defined as more fully set forth in 27 CFR 555.11 (meaning of terms), which is incorporated herein by reference which meets the types of display fireworks devices set forth in the APA Standard 87-1, Section *4.1 which comply with requirements for display fireworks set forth in APA Standard 87-1.
FIREWORKS
Any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation.
Any person, firm or corporation who or which shall violate or fail to comply with any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not more than $1,000 and costs of prosecution.
This chapter is enacted under the authority of the Act of the General Assembly of the Commonwealth of Pennsylvania of May 1, 1933, P.L. 1161, as amended by the Act of July 10, 1947, P.L. 1481, and of the Act of the General Assembly of May 15, 1939, as amended by the Act of June 24, 1959, P.L. 486.1.[1]
[1]
Editor's Note: See now 53 P.S. § 66534.
The use of display fireworks shall be subject to the following:
A. 
Permit required; nontransferability; term. It shall be unlawful for any person, group of persons, fair association, amusement park, municipality or other organization to publicly display or cause to be displayed fireworks without first obtaining a permit for the supervised public display of fireworks from the Township Fire Marshal, who shall grant or deny such permit in accordance with the regulations hereinafter provided. No permit granted hereunder shall be transferable. Every such permit issued will be valid for the period of seven days following the date of issue, whereafter such permit shall be null and void.
B. 
Application for permit. Applications for permits shall be made to the Township, in writing, at least 30 days in advance of the date of the display. Applications shall be made available through the Township Code Office.
C. 
Permit fee. For every such permit for the supervised public display of fireworks granted under this chapter, there shall be paid to the Township a fee in the amount set by resolution of the Board of Supervisors.
D. 
Bond and insurance. Any permittee under this chapter shall be required to post a bond in the amount of $50,000 conditioned for the payment of all damages which may be caused either to a person or persons or to property, real or personal, by reason of the permitted display and arising from any acts of the permittee or his agent, employee or subcontractor. In addition, the permittee shall be required to obtain an insurance policy with liability coverage of $1,000,000 and shall be required to add Limerick Township as an additional insured.
E. 
Standards and conditions. No permit for the supervised public display of fireworks shall be granted by the Fire Marshal unless the following regulations have been complied with such that, in the opinion of the Fire Marshal after inspection, the proposed display will not be hazardous to any property within the Township or endanger any person or persons therein:
(1) 
Every such display shall be supervised by a person competent and experienced in the supervision of such public displays of fireworks.
(2) 
The actual point at which the fireworks are to be discharged shall be at least 200 feet from the nearest permanent building, public street or railroad or other means of travel and at least 100 feet from the nearest aboveground telephone or telegraph line, tree or overhead obstruction.
(3) 
No display fireworks shall be discharged at any point in the Township within 600 feet of any hospital, asylum or infirmary.
(4) 
The audience at any supervised public display of fireworks shall be restrained behind lines at least 100 feet from the point at which the fireworks are to be discharged, and only the person in charge of the display and his assistants are to be allowed within the lines.
(5) 
All fireworks that fire projectiles shall be erected in such a manner that the projectiles will go into the air as nearly as possible at an angle of not more than 15° from the vertical and shall be directed away from the position of the spectators.
(6) 
Fireworks unfired shall, immediately following the display, be disposed of in any manner safe for those particular types of fireworks.
(7) 
The use of display fireworks shall be strictly prohibited within any closed structure or any building or tent.
A. 
Any person purchasing, possessing or using consumer fireworks must be at least 18 years of age. A person may not intentionally ignite or discharge:
(1) 
Consumer fireworks on public or private property without the express permission of the owner.
(2) 
Consumer fireworks or sparkling devices within, or throw from, a motor vehicle or building.
(3) 
Consumer fireworks or sparkling devices into or at a motor vehicle, building or person.
(4) 
Consumer fireworks or sparkling devices while the person is under the influence of alcohol, a controlled substance or another drug.
(5) 
Consumer fireworks within 200 feet of an occupied or unoccupied structure.
(6) 
Consumer fireworks after 10 p.m. with the exception that consumer fireworks may be discharged on the Fourth of July until 11 p.m. and New Year's Eve fireworks may be discharged until 12:30 a.m. on New Year's Day.
(7) 
No person may ignite or discharge consumer fireworks more than one day per week.
(8) 
No property may be utilized to ignite or discharge consumer fireworks more than one day per week.
(9) 
The use of consumer fireworks shall be strictly prohibited within any closed structure or any building or tent.