[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Gwynedd 1-14-2015 by Ord. No. 498. Amendments noted where applicable.]
This chapter is hereby enacted in order to provide regulations to ensure the health, safety and welfare of persons and property within the Township during the sale, storage, transportation, and display of consumer and display fireworks within the Township.
As used in this chapter, the following terms shall have the meanings indicated:
- COMPETENT OPERATOR
- A person or business entity having an active and up-to-date registration with the Pennsylvania Attorney General pursuant to 35 P.S. § 1276.2.
- 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 or any successor standard. The term "consumer fireworks" does not include devices listed as "ground and hand-held sparkling devices," "novelties" and "toy caps" in APA Standard 87-1, the sale, possession and use of which shall be permitted at all times in the Township.
- The ignition, setting-off or detonation of consumer and/or display fireworks for any purpose other than for permitted agricultural purposes pursuant to 35 P.S. § 1275.1.
- DISPLAY FIREWORKS
- The definition set forth in 27 CFR 555.11: large fireworks designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes, but is not limited to, salutes containing more than two grains (130 milligrams) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks." Display fireworks are classified as fireworks UN0333, UN0334 and UN0335 by the United States Department of Transportation at 49 CFR 172.101. This term also includes fused setpieces containing components which together exceed 50 milligrams of salute powder.
A permit, issued by the Township, shall be required for all displays of consumer fireworks and/or display fireworks within the Township. Upon application for such permit the Township may, at its sole discretion, issue such permit, provided that the applicant complies with the following:
Chapter 33 (Explosives and Fireworks) of the International Fire Code, and the National Fire Protection Association Code 1123 or National Fire Protection Association Code 1126, as amended.
Application for a permit shall be made in writing to the Township Fire Marshal at least 30 days in advance of the desired date of display. The application shall set forth the proposed location, date, and time of the display, the character of the display, including the types, varieties, and quantities of the fireworks to be included in the display, the name and address of the competent operator of the display, and the name and address of the owner or owners of the grounds on which the display is to be held, with the written consent of such owner or owners thereto attached. An applicant shall pay a nonrefundable fee with the application, as may be established from time to time by resolution adopted by the Lower Gwynedd Township Board of Supervisors. Further, the applicant shall submit with its application proof of liability insurance in a form and amount satisfactory to the Township.
A permit may be issued if, in the sole discretion of the Township Fire Marshal after inspection, the transportation and storage of the consumer fireworks and/or display fireworks, as well as the display itself, will not be hazardous to property or endanger any person or persons.
If a permit is issued, such permit shall authorize the discharge of consumer fireworks and/or display fireworks by only the competent operator named on the permit, and for only such purpose, at such time, on such date, and at such location as is listed on said permit. No permit shall be transferable, and no permit shall be issued to a person under 18 years of age.
Prior to issuance of a permit, the applicant shall post a bond in an amount deemed reasonably adequate by the Township for the given display, to be in a sum of not less than $500, for the payment of all damages caused to any person or persons and to any property as a result of the display and arising from the acts of the applicant, the competent operator, or either of their agents, employees or subcontractors. The bond shall be in a form satisfactory to the Township Solicitor.
If by reason of unfavorable weather the display for which a permit has been granted does not take place at the time so authorized, the applicant may, within 24 hours, apply to the Township, setting forth under oath the fact that such display was not made, giving the reason therefor and requesting a continuance of such permit for a day designated therein, not later than one week 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, not 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 bond other than the one given for the original permit, the provisions of which shall extend to and cover all damages which may be caused by reason of said display taking place at such extended date in the same manner and to the same extent as if such display had taken place at the date originally fixed in the permit.
Consumer fireworks and display fireworks may be sold in the Township, where otherwise permitted by the Lower Gwynedd Township Zoning Ordinance, as amended, subject to the following provisions:
Consumer fireworks may be sold in the Township only from facilities that are licensed by the Department of Agriculture and that meet the criteria set forth in 35 P.S. §§ 1275.3 through 1275.5.
Display fireworks may not be sold in the Township except as specifically permitted by 27 CFR 555.41 et seq. and Title 18 of the United States Code, Chapter 40.
Editor's Note: See Part Twelve, Planning and Zoning Code, Title Six, Zoning.