[HISTORY: Adopted by the Board of Commissioners of the Township of Manheim 4-23-2018 by Ord. No. 2018-03. Amendments noted where applicable.]
In order to protect life and property in the Township of Manheim, the Township, as authorized by the Fireworks Law, Act 43 of 2017, Section 2402, is promulgating rules on the issuance of permits.
It is the intent of the Township to protect the health, safety and welfare of the general public through limiting and regulating the use of display fireworks as hereafter defined. This chapter permits supervised public displays of display fireworks performed by professional, competent operators in a safe manner and with appropriate safeguards through a permit process. This chapter does not prescribe regulations for the sale and use of consumer fireworks. Consumer firework regulations are set forth in Fireworks Law, Act 43 of 2017.
For the purpose of this chapter, the following terms shall have the meanings set forth herein:
- CODE OFFICIAL
- The Director of Code Compliance or other code official designated by Manheim Township Commissioners to enforce Township ordinances.
- 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, and 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 American Pyrotechnics Association (APA) Standard 87-1, or any successor standard, the sale, possession and use of which shall be permitted throughout the commonwealth.
- B. The 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 throughout the commonwealth.
- A professional pyrotechnician possessing a current, valid registration with the Pennsylvania Attorney General.
- DISCHARGE SITE
- The area immediately surrounding the fireworks mortars used for the outdoor display of display fireworks.
- 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).
- DISPLAY SITE
- The immediate surrounding area where a display of display fireworks is conducted, including the discharge site, the fallout area, and the required separation distances from mortars to spectator viewing areas.
- NFPA 1123
- The National Fire Protection Association Standard 1123-06, Code for Fireworks Display, 2006 Edition.
- 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.
- Manheim Township, Lancaster County, Pennsylvania.
The discharge of display fireworks shall be by permit.
Applications for display fireworks shall be in writing on a fire permit application submitted to the attention of the Director of Code Compliance at least 30 days in advance of the date set for the display.
The applicant shall contact Manheim Township Fire Rescue (MTFR) at 717-397-5881, extension 112, at least 30 days in advance of the date set for the display to coordinate MTFR presence at the display of display fireworks.
No permit granted hereunder shall be transferable.
All displays of display fireworks shall conclude by 10:00 p.m.
Applications for display fireworks shall include:
A fully completed and executed fire permit application, including a description of the proposed location of the display, the character thereof, the name and address of the owner(s) and/or tenant(s) of the land on which the display is to be held and the name and address of the contractor/operator.
The permit fee for display fireworks per the currently adopted Fee Resolution.
A fully executed indemnification and hold harmless agreement.
Proof of insurance coverage, with reputable insurance companies licensed to do business in the Commonwealth of Pennsylvania, naming the Township as an additional insured, as follows:
As a condition of issuance of the permit, the applicant shall submit a bond meeting the requirements of § 261-5 of this chapter.
A detailed site plan of the display site showing accurate distances from the discharge site to the spectator viewing area, fallout area(s), parking area(s), occupied structures, overhead utilities and roadways. NFPA 1123-06 will be used as the plan review reference for proposed display site.
An itemized list of quantities and sizes of display fireworks, aerial shells and ground displays to be discharged.
The code official shall require the applicant to obtain a bond in the amount of not less than $50,000 for payment of damages caused to any person and to any property by reason of the licensed display and arising from any acts of the licensee or licensee's agents, employees or subcontractors. The bond shall be filed with the Township before any permit for a display is delivered.
If by reason of unfavorable weather, the display for which a permit has been granted does not take place at the time authorized:
The person to whom such permit was issued may, within 24 hours, apply to the Township requesting a continuance of the display to a new date.
Upon receiving the request for extension, the code official, if it believes the facts stated within the request are true, shall extend the provisions of the permit to the date designated within the request, which shall be no later than one week after the date originally designated in the permit.
The extension of time shall be granted without payment of an additional fee and without requiring a bond other than the bond given for the original permit, the provisions of which shall extend to cover all damages which may be caused by reason of the display occurring at the extended date and in the same manner and to the same extent as if the display occurred at the date originally designated in the permit.
A code official is to be contacted at least 24 hours in advance of a display fireworks event to inspect the display site. The display site is subject to inspection and approval prior to discharging fireworks. All applicable provisions and clearances provided in the approval plans and in NFPA 1123-06 are applicable and will be verified.
A code official will be present during the display fireworks event and will be in direct contact with the contractor/operator before and after the event.
Monitoring of the display site is the responsibility of the property owner. Barriers and patrols of the perimeter are to be conducted and will be verified by the code official prior to the start of the fireworks display.
It is the responsibility of the contractor/operator to provide a post-display inspection of the discharge site and display site immediately after the fireworks display and at a "first light" inspection the day immediately following the fireworks display.
It shall be the sole responsibility of the property owner, tenant and/or contractor/operator to dispose of all fireworks shells that fail to fire or charges that fail to detonate. Any materials which are hazardous or unsafe shall be immediately disposed of in a proper manner.
Per 2009 IFC Section 3308.10, Disposal: Any shell found during the inspection shall not be handled until at least 15 minutes have elapsed from the time the shells were fired. The fireworks shall then be doused with water and allowed to remain for at least five additional minutes before being placed in a plastic bucket or fiberboard box. The disposal instructions of the manufacturer, as provided by the fireworks supplier, shall then be followed in disposing of the fireworks.
Notice of violation. Whenever a code official observes an apparent or actual violation of a provision of this chapter, the code official shall prepare a written notice of violation describing the condition which required corrective action. The notice shall specify the violation. Failure to comply with the provisions of the notice of violation shall subject the violator to the penalties herein.
Service of notice. The written notice of violation of this chapter shall be served upon the property owner, tenant, contractor/operator or any other person responsible for the conditions under violation. Such notice of violation shall be served either by certified mail to the last known post office address, delivered in person, or by delivering it to and leaving it in the possession of any person in charge of a display fireworks event.
Legal action. Nothing herein shall prevent the code official from filing a civil complaint or nontraffic citation against a party without issuing a notice of violation where circumstances required prompt action because of a threat to health, safety and welfare of the public.
Penalty for violations. Any person, partnership, corporation or association violating the provisions of this chapter or failing to comply with any order issued pursuant to any section thereof shall be guilty of a civil offense, and upon conviction thereof, shall be liable for a fine not less than $100 or not more than $1,000. Each day that a violation continues shall be deemed to be a separate offense. Failure to pay any fee as prescribed herein shall constitute a violation.
Fines collected. All fines and fees collected under this chapter shall be deposited into the Manheim Township General Fund.
All relevant ordinances, regulations, and policies of the Township, not amended, shall remain in full force and effect. Administrative Order No. 99-2, Fireworks/Explosives, shall be rescinded as of the effective date of this chapter.