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 Product 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 throughout this commonwealth.
C.
Consumer fireworks are "Class C" or "consumer grade fireworks"
that include firecrackers, roman candles, bottle rockets, and similar
fireworks that contain a maximum of 50 milligrams of explosive material.
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).
ILLEGAL EXPLOSIVES
A.
Illegal explosives associated with the fireworks season are
inherently dangerous because of their composition and unpredictability.
Homemade explosives can poses a particular risk for injury because
the people making them often lack knowledge and experience in manufacturing
fireworks. Most law enforcement agencies consider devices such an
M-80s, M-100s, quarter sticks, cherry bombs, silver salutes, etc.,
to be illegal because they exceed the Consumer Product Safety Commission's
(CPSC) limits for consumer fireworks, in addition to being banned
by many states.
B.
These devices meet no safety standards and often have a coating
of dangerous explosive dust. Friction, heat, or being bumped can cause
these devices to detonate. The U.S. Department of Transportation has
classified these items as "forbidden explosives" because they have
not been submitted for appropriate testing evaluation.
MUNICIPALITY
A city, borough, incorporated town or township. (For purposes
of this chapter, the Borough of South Waverly.)
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.
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.
No display fireworks shall be ignited within 300 feet of a facility
that meets the requirements of Section 2407 or Section 2410.
It shall be unlawful for any person, persons, firms or corporations,
amusement parks, fair associations, farmer or agricultural operation,
or any other organizations or groups of individuals, to have or to
use display fireworks, as that term is defined in the October 30,
2017, Act 43 of 2017, within the limits of the Borough of South Waverly unless
a permit therefor is first granted by the Borough as hereafter provided
for a display of display fireworks with a professional pyrotechnician
with a United States Bureau of Alcohol, Tobacco, Firearms and Explasives
permit and registration with the Pennsylvania Attorney General's
Office on the designated Borough grounds, specifically the Richard
L. Bentley Community Park.
The applicant shall be required to reimburse the Borough for
a local newspaper advertisement displaying the date and time and place
of fireworks. The Borough shall utilize social media and the Borough
resources to publicize the date, time and place of the fireworks.
The entire Borough of South Waverly Code Chapter
67, Fireworks, is repealed. Any ordinance or part thereof which is inconsistent
herewith is hereby repealed to the extent of the inconsistency.
Should any part of this chapter be found to be unconstitutional,
illegal or invalid, such parts shall not affect, impair or otherwise
prevent the enforcement of the remainder of this chapter.