The following words and phrases when used in this chapter shall
have the meanings given to them in this chapter unless the context
clearly indicates otherwise:
APA 87-1
The American Pyrotechnics Association Standard 87-a: 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 such 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 in Swatara Township.
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 specification of NFPA
1124.
PERSON
Shall include any natural person, firm, partnership, trust,
association, corporation, limited liability company, company, or any
other organization of any kind.
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 Article XXIV
of the Tax Reform Code.
The Pennsylvania State Police, a Swatara Township Police Officer,
or Swatara Township Fire Department Chief may seize, remove, or cause
to be removed at the expense of the owner all stocks of consumer fireworks
or display fireworks or combustibles offered or exposed for sale,
stored, or held in violation of this chapter. The owner shall also
be responsible for the storage and, if deemed necessary, the destruction
of these fireworks.