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.
CONSUMER FIREWORKS
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).
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:
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.
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.