[HISTORY: Adopted the Board of Commissioners of the Township
of South Fayette 6-19-2013 by Ord.
No. 5A-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 133.
Fire prevention — See Ch. 155.
Parks and recreation areas — See
Ch. 1183.
[1]
Editor's Note: This ordinance was adopted as Ch. 115, but
was renumbered to maintain the organization of the Code.
It is the intent of the Board of Commissioners of South Fayette
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 chapter 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
chapter also prohibits all fireworks, whether consumer or display
fireworks, within 400 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.
As used in this chapter, the following terms shall have the
meanings indicated:
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, as amended, or any successor regulation, and
which complies with the provisions for consumer fireworks, as defined
in the American Pyrotechnics Association (APA) Standard 87-1, as amended,
or any successor standard. The term does not include devices such
as ground and hand-held sparkling devices and toy caps in APA Standard
87-1, as amended.
The ignition of fireworks as defined herein.
Defined as provided in 27 CFR 555.11, as amended.
Both consumer and display fireworks as defined herein, unless
specifically identified as either consumer or display fireworks.
South Fayette Township, Allegheny County, Pennsylvania.
A.
The use of fireworks, whether consumer fireworks, display fireworks
or other types of fireworks, shall be strictly prohibited at any location
within 400 feet of any structure, property line, vehicle or roadway
unless prior written permission is received from all property owners
within the four-hundred-foot area and prior approval by the Township.
B.
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.
A.
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 South Fayette unless a permit therefor is
first granted by South Fayette Township, as hereinafter provided.
B.
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 35 P.S. § 1271
et seq., as amended. 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 chapter, 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.
C.
Professional competent pyrotechnicians and safe display location.
Every such fireworks display within the limits of the Township shall
be handled, arranged, managed and directly supervised by a professional,
competent pyrotechnician. 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 Commissioners' designee,
or its duly authorized representative. 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 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.
D.
Permit.
(1)
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 professional competent pyrotechnician, 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 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 Commissioners' designee may attach
conditions and/or restrictions on any permit for the use and display
of fireworks as are deemed necessary.
(2)
If and after such permit is granted by the Township Board of Commissioners'
designee, the possession, use and display of fireworks for the approved
display shall be lawful for that purpose, date and time only. No permit
granted hereunder shall be transferable.
(3)
No permit for the use and display of fireworks shall be issued to
an individual under the age of 18.
(4)
All fireworks displays must end by 10:30 p.m.
E.
The Board of Commissioners of the Township of South Fayette shall
require liability insurance deemed adequate by the Board of Commissioners
from the applicant, permittee or licensee in an amount deemed appropriate
by the Board of Commissioners. The liability insurance amount shall
be no less than $2,000,000 and shall list South Fayette Township,
the Board of Commissioners, individually and collectively, the Township
employees, agents and consultants as additional insured. 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.
F.
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 (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.
In the event of any violation of this chapter 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, South Fayette
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.
Any person, individual, partnership, co-partnership, association
or corporation violating the provisions of this chapter shall be guilty
of a summary offense and, upon conviction thereof, shall be punished
by a fine not exceeding $1,000 or by imprisonment not exceeding 90
days, or by both such fine and imprisonment.
All ordinances and parts of ordinances inconsistent with the
terms of this chapter are hereby repealed; provided, however, that
such repeal shall only be to the extent of such inconsistencies, and
in all other respects, this chapter shall be cumulative with the other
ordinances regulating and governing the subject matter covered by
this chapter.
If any section or provision or parts thereof in this chapter
shall be adjudged invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity of the ordinance
as a whole or any other section or provision of the part thereof.
This chapter shall be in full force and effect from and after
its passage and publication as required.
