[HISTORY: Adopted by the Board of Supervisors of the Township of West Hanover 3-19-2018 by Ord. No. 2018-03. Amendments noted where applicable.]
It is the intent of this chapter to recognize the need for regulation of the display of fireworks for residential and/or commercial displays to assure the safety of the spectators, property owners, citizens, and visitors of West Hanover Township.
The following words and phrases, when used in this chapter, shall have the meanings given to them in this section unless the context clearly indicates otherwise:
- 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, or any subsequent edition.
- 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, 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 APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted throughout this 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 this commonwealth.
- 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).
- City, borough, incorporated town or township.
- NFPA 1124
- The National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic Articles, 2006 edition, or any subsequent 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.
- OUTDOOR STORAGE UNIT
- A consumer fireworks building, trailer, semitrailer, metal shipping container or magazine meeting the specifications of NFPA 1124.
- PROXIMATE AUDIENCE
- An audience closer to pyrotechnic devices than permitted by NFPA 1123, Code for Fireworks Displays.
- PYROTECHNIC DEVICE
- Any device containing pyrotechnic materials and capable of producing visual or audible effects by combustion, deflagration, or detonation.
- TEMPORARY STRUCTURE
- A structure, other than a permanent facility with fixed utility connections, which is in use or in place for a period of 20 consecutive calendar days or less and is dedicated to the storage and sale of consumer fireworks and related items. The term includes temporary retail sales stands, tents, canopies and membrane structures meeting the specifications of NFPA 1124. The term shall not include a facility that is not licensed to sell consumer fireworks under this chapter.
Fireworks storage, transportation, and displays are regulated through laws, codes and standards within the Commonwealth of Pennsylvania, including:
International Building Code (IBC) - latest edition, as amended.
International Fire Code (IFC) - latest edition, as amended.
National Fire Protection Association (NFPA) 1123 - Code for Fireworks Display - latest edition, as amended.
National Fire Protection Association (NFPA) 1126 - Use of Pyrotechnics Before a Proximate Audience - latest edition, as amended.
Title 49 CFR, Federal Regulation for Transport.
Title 27 CFR 181, Commerce in Explosives.
NFPA 1124 - Code for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic Articles, 2006 edition.
All fireworks display operators shall be technicians licensed by the State of Pennsylvania Fire Marshal's Office and shall submit proof of same to the Township Zoning Officer.
Applicants shall submit a transient retail business permit application per Chapter 182, Township Ordinance 2012-15.
Applicants shall submit a full site plan that identifies the full operation on site (firing zone with all separation distances indicated, drop zone with separation distances indicated, audience areas with separation distances indicated, separation distance to all structures on site and wood areas, etc.).
Submit affidavit letter from legal property owners granting permission of fireworks display. (All parties must sign letter.)
Submit certificate of insurance as required by State Fire Marshal, with additional insured "West Hanover Township rider."
Submit application 10 work days prior to the event; indicate time of display.
Applicants must contact Pennsylvania State Police Troop H and put them on notice of intended display activities for the record.
Applicants must contact the West Hanover Township Fire Marshal to inform him of display activities for the record.
All approved permits shall be on site and made available to the West Hanover Township Fire Marshal during event.
Applicants shall provide West Hanover Township with proof of a bond in the amount of $100,000 and/or a public liability insurance policy in the amount of $100,000.
Applicants shall submit a (MSDS) material safety data sheet for all products being used during any operation within the jurisdiction of West Hanover Township with their permit application.
The West Hanover Township Fire Marshal shall determine what, if any, Fire Department resources will be required to stand by during the event. The Township Fire Marshal shall make the final decision as to the safety of the scene and grant or deny permission for the display to proceed after evaluating the current site conditions at the proposed time.
Applicants shall be responsible for reimbursing the West Hanover Township Fire Company for fees determined by the Fire Marshal to cover the cost of manpower, apparatus, fire, police and any other accessories necessary to cover applicant fireworks display activities. All fees must be paid to the Fire Company prior to permit issuance by the Zoning Officer.
No person shall detonate or discharge or cause to be detonated or discharged or permit to be detonated or discharged on his property any fireworks within West Hanover Township after the hour of 10:30 p.m. daily, prevailing time.
Penalty for violation. Any person who violates the provisions of this chapter shall commit a civil violation punishable by a penalty of not less than $100 and not more than $500. Each day such violation occurs or continues shall constitute a separate violation, plus court costs.
Penalty for willful violation. Any person who violates the provisions of this chapter after having been informed by the Zoning Officer or Fire Marshal of West Hanover Township that a planned or anticipated detonation or discharge of fireworks would violate this chapter shall be fined $10,000, plus court costs.