[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:
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.
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.
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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,[1] subject to the following provisions:
(a)
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.
(b)
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.
[1]
Editor's Note: See Part Twelve, Planning and Zoning Code,
Title Six, Zoning.
