The chapter is adopted pursuant to the authority granted pursuant
to Act 43 of 2017, which adopted House Bill No. 542 of 2017, amending
the Tax Reform Code of 1971, codified in 72 P.S. §§ 9401
through 9416, and pursuant to the authority to regulate fireworks
as set forth in the Second Class Township Code at 53 P.S. § 66534.
This chapter is adopted with the intent to comply with such fireworks
laws, properly regulate the use of fireworks within the Township,
and to protect the public health, safety and welfare.
The following words and terms shall, for purposes of this chapter,
have the meanings set forth below:
ACT 43 OF 2017
The Pennsylvania Fireworks Law as adopted by the Commonwealth of Pennsylvania General
Assembly with an effective date of October 30, 2017, and as amended.
CONSUMER FIREWORKS
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 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.
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, the following:
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.
The use, sale and storage of consumer fireworks within the Township
shall comply with Act 43 of 2017, as amended, which includes the following
provisions related to use:
A. Conditions. A person who is at least 18 years of age and meets the
requirements of this chapter may purchase, possess and use consumer
fireworks.
B. Prohibitions. A person may not intentionally ignite or discharge:
(1) Consumer fireworks on public or private property without the express
permission of the owner.
(2) Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
(3) Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
(4) Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance or another drug.
(5) Consumer fireworks within 150 feet of an occupied structure.
(6) Consumer fireworks upon any Township roadway or Township property.
(7) Consumer fireworks within 100 feet of any combustible material.
(8) Consumer fireworks such that the sparks or any portion of the fireworks
will land upon the property of another without the owner's express
permission.
Any person or entity that uses or sells consumer fireworks in
violation of the provisions of this chapter shall be prosecuted in
accordance with Act 43 of 2017. Any person or entity selling display
fireworks in violation of the provisions of this chapter shall be
prosecuted in accordance with Act 43 of 2017.