[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:
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.
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.
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.
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:
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
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.
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.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
A consumer fireworks building, trailer, semitrailer, metal
shipping container or magazine meeting the specifications of NFPA
1124.
An audience closer to pyrotechnic devices than permitted
by NFPA 1123, Code for Fireworks Displays.
Any device containing pyrotechnic materials and capable of
producing visual or audible effects by combustion, deflagration, or
detonation.
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:
A.
International Building Code (IBC) - latest edition, as amended.
B.
International Fire Code (IFC) - latest edition, as amended.
C.
National Fire Protection Association (NFPA) 1123 - Code for Fireworks
Display - latest edition, as amended.
D.
National Fire Protection Association (NFPA) 1126 - Use of Pyrotechnics
Before a Proximate Audience - latest edition, as amended.
E.
Title 49 CFR, Federal Regulation for Transport.
F.
Title 27 CFR 181, Commerce in Explosives.
G.
NFPA 1124 - Code for the Manufacture, Transportation and Storage
of Fireworks and Pyrotechnic Articles, 2006 edition.
A.
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.
B.
Applicants shall submit a transient retail business permit application per Chapter 182, Township Ordinance 2012-15.
C.
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.).
D.
Submit affidavit letter from legal property owners granting permission
of fireworks display. (All parties must sign letter.)
E.
Submit certificate of insurance as required by State Fire Marshal,
with additional insured "West Hanover Township rider."
F.
Submit application 10 work days prior to the event; indicate time
of display.
G.
Applicants must contact Pennsylvania State Police Troop H and put
them on notice of intended display activities for the record.
H.
Applicants must contact the West Hanover Township Fire Marshal to
inform him of display activities for the record.
I.
All approved permits shall be on site and made available to the West
Hanover Township Fire Marshal during event.
J.
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.
K.
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.
A.
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.
B.
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.
A.
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.
B.
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.
