[Ord. 2010-08, 9/21/2010]
It is the intent of the Board of Supervisors of Plumstead 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. This Part also prohibits all fireworks, whether consumer or display fireworks, within 200 feet of any structure or residential property line or parked vehicles or roadways and from being used or set off within any closed structure or any building or tent.
[Ord. 2010-08, 9/21/2010; as amended by Ord. No. 2018-03, 6/26/2018; and by Ord. No. 2022-03, 12/13/2022]
As used in this Part, the following terms shall have the meanings indicated:
ANIMAL HOUSING FACILITY
A roofed structure or facility, or a portion of the facility, used for occupation by livestock or poultry.
APA 87-1
The American Pyrotechnics Association Standard 87-1: Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001 edition.
CONSUMER FIREWORKS
1. 
The term includes 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 Title 16 of the Code of Federal Regulations (relating to commercial practices) or any successor regulation and complies with the provisions for "consumer fireworks" as defined in APA 87-1, the sale, possession and use of which shall be permitted throughout this commonwealth.
2. 
The term does not include devices such as "ground and hand-held sparkling devices," "novelties" or "toy caps" in APA 87-1, the sale, possession, and use of which shall be permitted at all times throughout this commonwealth.
DISPLAY FIREWORKS
As defined in 27 CFR 555.11 (relating to meaning of terms).
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.
[Ord. 2010-08, 9/21/2010]
1. 
The use of fireworks, whether consumer fireworks, display fireworks or other types of fireworks, shall be strictly prohibited at any location within 150 feet of any structure, property line, vehicle, or roadway unless prior written permission is received from all property owners within the 150-foot area and prior approval by the Township.
[Amended by Ord. No. 2022-03, 12/13/2022]
2. 
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.
[Ord. 2010-08, 9/21/2010]
1. 
Unlawful to Use or 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 Plumstead unless a permit therefor is first granted by Plumstead Township, as hereinafter provided.
2. 
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 72 P.S. § 9401 et seq., as amended.[1] 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.
[Amended by A.O.]
[1]
Editor's Note: See current provisions at 3 Pa.C.S.A. Ch. 11.
3. 
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 at least 21 years of age who demonstrates evidence of fireworks handling and safety training. 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 its duly authorized representative, after proper inspection. No display fireworks shall be ignited within 300 feet of a facility that meets the requirements of Section 1107 (relating to permanent sales locations) of Pennsylvania Act 74 of 2022.[2] 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 display 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 is of a character and so located, discharged or fired, in the opinion of the Chief of the Fire Department or other appropriate officer as may be designated by the governing body of the Township, as to not be hazardous to property or endanger any person.
[Amended by Ord. No. 2018-03, 6/26/2018; and by Ord. No. 2022-03, 12/13/2022]
[2]
Editor's Note: See 3 Pa. C.S.A. § 1107.
4. 
Permit.
A. 
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[3] 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.
[3]
Editor's Note: The current fee schedule resolution is on file in the office of the Township Secretary.
B. 
If and after such permit is granted by the Township Board of Supervisors or an authorized designee, the possession, use and display of display fireworks for the approved display shall be lawful for that purpose, date, and time only. 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. Permits shall not be transferable and may only be used for the use outlined in the permit.
[Amended by Ord. No. 2018-03, 6/26/2018; and by Ord. No. 2022-03, 12/13/2022]
C. 
No permit for the use and display of display fireworks shall be issued to an individual under the age of 18.
[Amended by Ord. No. 2018-03, 6/26/2018]
5. 
(Reserved)[4]
[4]
Editor's Note: Former Subsection 5, Bond Required, was repealed by Ord. 2011-05, 9/6/2011.
6. 
The Board of Supervisors of the Township of Plumstead 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 Plumstead Township, the Board of Supervisors, individually and collectively, and 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. 
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 (7 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 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.
[Amended by Ord. 2011-05, 9/6/2011]
[Added by Ord. No. 2022-03, 12/13/2022]
1. 
Conditions. A person who is at least 18 years of age may purchase, possess, and use consumer fireworks.
2. 
Prohibitions. A person may not intentionally use consumer fireworks:
A. 
On private property or on public property, including, but not limited to, streets, parking lots, sidewalks, and parks, without the express permission of the owner or entity that controls the property.
B. 
Within, directed at or directed from a vehicle or building.
C. 
Directed at another person.
D. 
While the person is under the influence of alcohol, a controlled substance, or another drug.
E. 
Within 150 feet of a building or vehicle, whether or not the user of the consumer fireworks owns the building or vehicle.
3. 
Conditional use. No person may use consumer fireworks within 150 feet of an animal housing facility or a fenced area designed to confine livestock owned or managed by another person. If a person uses consumer fireworks at a distance of 150 to 300 feet from an animal housing facility or fenced area designed to confine livestock owned or managed by another person, the user of consumer fireworks shall notify in writing the owner or manager of the livestock at least 72 hours in advance of the use that consumer fireworks will be used in the area.
4. 
Use of consumer fireworks. Consumer fireworks may not be used between the hours of 10:00 p.m. and 10:00 a.m., except:
A. 
On July 2, 3 and 4 and December 31, when consumer fireworks may be used until 1:00 a.m. the following day;
B. 
When July 4 falls on a Tuesday, Wednesday or Thursday, consumer fireworks may be used until 1:00 a.m. on the immediately preceding and following Friday and Saturday;
C. 
Memorial Day, including the immediately preceding Saturday and Sunday; and
D. 
Labor Day, including the immediately preceding Saturday and Sunday.
[Added by Ord. No. 2022-03, 12/13/2022]
1. 
Authorization. Permits may be issued for the use of display fireworks for agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage.
2. 
Duration of permit. A permit under this section shall remain in effect for the calendar year in which it was issued.
3. 
Conditions. After a permit under this section has been granted, sales, possession, and use of display fireworks for the purpose mentioned in the permit shall be lawful for that purpose only.
[Ord. 2010-08, 9/21/2010]
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, Plumstead 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.
[Ord. 2010-08, 9/21/2010; amended by Ord. No. 2022-03, 12/13/2022]
The following shall apply:
1. 
A person using consumer fireworks in violation of the provisions of this Part for the first offense commits a summary offense and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not more than $500. A subsequent offense under this subsection committed within three years of a prior conviction under this subsection shall constitute a summary offense and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not more than $1,000.
2. 
A person selling consumer fireworks in violation of the provisions of this Part for the first offense commits a misdemeanor of the second degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $10,000. A subsequent offense under this subsection committed within three years of a prior conviction under this subsection shall constitute a misdemeanor of the second degree and, upon conviction, in addition to any other penalty authorized by law, shall be punishable by a fine of not less than $15,000.
3. 
A person selling or using display fireworks in violation of the provisions of this Part for the first offense commits a felony of the third degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $10,000. A subsequent offense under this subsection committed within three years of a prior conviction under this subsection shall constitute a felony of the third degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $15,000.
4. 
A person selling federally illegal explosives such as devices as described in 49 CFR 173.54 (relating to forbidden explosives) or those devices that have not been tested, approved and labeled by the United States Department of Transportation, including, but not limited to, those devices commonly referred to as M-80, M-100, blockbuster, cherry bomb or quarter-stick or half-stick explosive devices, in violation of the provisions of this Part for the first offense commits a felony of the third degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $10,000. A subsequent offense under this subsection committed within three years of a prior conviction under this subsection shall constitute a felony of the third degree and, upon conviction, shall, in addition to any other penalty authorized by law, be punishable by a fine of not less than $15,000.