The manufacture of fireworks is prohibited within the Borough. The display or discharge of consumer or display fireworks shall comply with the requirements of the Fireworks Law, 35 P.S. § 1271 et seq., and the provisions of the International Fire Code, 2009 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code [Chapter 5, Part
1].
A permit shall be obtained from the Borough for the display or discharge of display fireworks in compliance with the provisions of the Fireworks Law, 35 P.S. § 1271 et seq., and the International Fire Code, 2009 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code [Chapter 5, Part
1].
The following terms are defined as follows:
CONSUMER FIREWORKS
A.
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 (relating to commercial practices) or any successor
regulation and which complies with the provisions for "consumer fireworks"
as defined in the American Pyrotechnics Association (APA) Standard
87-1, or any successor standard.
B.
The term does not include devices as "ground and hand-held sparkling
devices," "novelties" and "toy caps" in APA Standard 87-1, the sale,
possession and use of which shall be permitted at all times throughout
this Borough.
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).
A person may not intentionally ignite or discharge:
A. Consumer fireworks on public or private property without the express
permission of the owner.
B. Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
C. Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
D. Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance or another drug.
E. Consumer fireworks within 150 feet of an occupied structure.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $100 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.