[HISTORY: Adopted by the Board of Supervisors of West Nantmeal
Township 12-10-2018 by Ord. No.
3-2018. Amendments noted where applicable.]
The following words and terms shall, for purposes of this chapter,
have the meanings shown herein:
The Pennsylvania Fireworks Law as adopted by the Commonwealth
of Pennsylvania General Assembly with an effective date of October
30, 2017.[1]
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 Title 16 of the Code of Federal Regulations (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.
Shall be defined as provided in Section 2401 of Act 43 of
2017[2] as 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:
Salutes that contain more than two grains or 130 milligrams
of explosive materials;
Aerial shells containing more than 60 grams of pyrotechnic compositions;
and
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).
The use, sale and storage of consumer fireworks within the Township
shall comply with Act 43 of 2017.[1]
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
A.Â
It shall be unlawful for any person, firm, or corporations to possess
or use display fireworks within the limits of West Nantmeal Township
unless a permit is first granted by the Township.
B.Â
Holders of permits to possess and use display fireworks within the
Township must comply with and abide by all Pennsylvania and federal
statutes and regulations governing the use and storage of display
fireworks, including, but not limited to, the International Fire Code
and the Uniform Construction Code (Act 45 of 1999, as amended; "UCC").
In the event of an inconsistency between the aforementioned state
and federal laws and regulations and this chapter, the more stringent
statutes and regulations shall apply.
C.Â
Before a permit for the possession and use of display fireworks may
be issued, the applicant must apply to the Township's building code
official for a permit under the UCC. If the building code official
indicates, in writing, that no UCC permit is required, the application
shall be processed in accordance with this chapter. If a UCC permit
is required, the applicant must present the valid UCC permit before
a display fireworks permit may be issued under this chapter. If an
applicant possesses a valid UCC permit, the site inspection requirements
in this section of the chapter are waived.
D.Â
Every use of display fireworks within the Township shall be handled,
arranged, managed, and directly supervised by a competent operator.
The Township Fire Chief and/or Fire Code Official, or other such officer
designated by the Township's Board of Supervisors, shall inspect the
proposed site prior to issuing a permit in accordance with the International
Fire Code and other applicable regulations, and ensure that the site
and proposed use of display fireworks are not hazardous to property,
will not endanger any person(s) and will be in compliance with said
regulations.
A.Â
An application for a permit shall be made, in writing, to the Township
at least 30 days in advance of the date of the proposed use of display
fireworks, setting forth the proposed date, time, and location, the
character and duration thereof, the name and address of the competent
operator, and the name and address of the owner(s) of the grounds
on which the display fireworks are to be used, with the written consent
of such owner(s), and a copy of any permit application required by
the International Fire Code and/or the UCC. The application shall
contain copies of all state, federal, and local permits and/or licenses
needed for the use of display fireworks. All applicants shall pay
the Township the appropriate permit fee identified on the Township's
duly enacted Fee Schedule and provide proof of liability insurance
acceptable to the Township and the required bond prior to issuance
of a permit. The Board of Supervisors or its designee may attach conditions
and/or restrictions on any permit for the use of display fireworks
as deemed necessary.
B.Â
Permits granted under this section shall be for the approved purpose, date, and time only, unless extended due to unfavorable weather under § 88-6.
C.Â
No permit for the use of display fireworks shall be issued to an
individual under the age of 21.
D.Â
No permit for the use of display fireworks shall be issued to an
individual unless said individual provides written documentation that
he or she has all necessary federal licenses and authorizations to
possess, store, and use display fireworks.
E.Â
No display fireworks shall be ignited within 300 feet of a permanent
or temporary fireworks facility licensed by the Pennsylvania Department
of Agriculture.
F.Â
No permit shall be issued to a business entity which performs, provides
or supervises the use of display fireworks for profit, unless it provides
proof of registration with the Pennsylvania Attorney General.
G.Â
Permits issued pursuant to this chapter may be transferred in accordance
with Act 43 of 2017.[1] Such transfers shall take effect only after 1) the permit
holder provides written notice of the proposed transfer to the Township;
and 2) the transferee provides a written statement that he or she
agrees to comply with the requirements stated in the permit and this
chapter. Both must be provided to the Township at least 10 days in
advance of the transfer.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
The Township shall require a bond from the applicant in an amount
deemed appropriate by the Board of Supervisors or its designee. The
bond amount shall be no less than $1,000,000 and shall be provided
for the payment of any and all damages caused to any person(s) and
property by reason of the display and arising from any acts of the
permittee or the permittee's agents, employees, subcontractors, or
volunteers. The bond shall be in a form acceptable to the Township
and no permit for the use of display fireworks shall be issued unless
an acceptable bond is received by the Township.
If, by reason of unfavorable weather, the display for which
a permit has been granted does not take place at the time authorized,
the permittee may apply to the Township within 24 hours, setting forth
under oath the fact that such display was not made, the reason, and
request for a continuance of such permit for a specifically designated
day no later than one week after the day fixed originally in said
permit. Upon receiving such application for a continuance, the Township
shall extend the provisions of the permit to the day fixed in the
application, no later than one week after the original day designated
in the permit, if it believes the facts to be true. Such extension
of time shall be granted without the payment of any additional fee
or requiring any bond other than the one given for the original permit.
The provisions of the original bond shall extend to and cover all
damages which may be caused by reason of said display taking place
at the extended date in the same manner and to the same extent as
if such display had taken place at the date originally fixed in the
permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.[1] 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. In addition, any person violating the provisions
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a Magisterial District Judge under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine not exceeding $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
