The following words and phrases, when used in this article,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
CONSUMER FIREWORKS
A.
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
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 complies with the provisions for "consumer fireworks" as defined
in APA 87-1 or any successor standard, the sale, possession and use
of which shall be permitted throughout this Commonwealth.
B.
This term does not include devices as "ground and hand-held
sparkling devices," "novelties" or "toy caps" in APA 87-1 or any successor
standard, the sale, possession and use of which shall be permitted
at all times.
DISPLAY FIREWORKS
Large fireworks to be used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. The term includes, but is not limited
to:
A.
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
B.
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
C.
Other display pieces that exceed the limits of explosive materials
for classification as consumer fireworks and are classified as fireworks
UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose
and use of hazardous materials table).
OCCUPIED STRUCTURE
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
OUTDOOR STORAGE UNIT
A consumer fireworks building, trailer, semitrailer, metal
shipping container or magazine meeting the specifications of NFPA
1124.
TEMPORARY STRUCTURE
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The term includes temporary
retail sales stands, tents, canopies and membrane structures meeting
the specifications of NFPA 1124. The term shall not include a facility
that is not licensed to sell consumer fireworks under this article.
The sale of display fireworks is prohibited within Haverford
Township.
Consumer fireworks may be sold in Haverford Township, subject
to the following conditions:
A. The facility shall be licensed by the Commonwealth of Pennsylvania
Department of Agriculture.
B. The facility shall comply with the provisions of the Act of November
10, 1999 (P.L. 491, No. 45), known as the "Pennsylvania Construction
Code Act."
C. The facility shall be a stand-alone permanent structure.
D. The facility shall be located in a district zoned as a C-4 Highway Commercial District pursuant to Chapter
182 of these General Laws.
E. Storage areas shall be separated from wholesale or retail sales areas
to which a purchaser may be admitted by appropriately rated fire separation.
F. The facility shall be located no closer than 250 feet from a facility
selling or dispensing gasoline, propane or other flammable products.
G. The facility shall be located at least 1,500 feet from another facility
licensed to sell consumer fireworks.
H. The facility shall have a monitored burglar and fire alarm system.
I. Quarterly fire drills and preplanning meetings shall be conducted
as required by the Township Manager or such person designated by the
Township Manager.
J. The facility shall comply with the provisions of 72 P.S. § 9409.
Any person, firm or corporation violating any provision of this
article shall, upon summary conviction before any Magisterial District
Justice, pay a fine not exceeding $500 and costs of prosecution, and
in default of one payment of the fine and costs, the violator may
be sentenced to the county jail for a term of not more than 30 days.
Each and every day in which any person, firm or corporation shall
be in violation of this article shall constitute a separate offense.
The Chief of Police shall seize, take, remove or cause to be
removed, at the expense of the owner, all stocks of fireworks or combustibles
offered or exposed for sale, stored or held in violation of this article.