The following terms shall have the meanings as indicated:
BOROUGH
East Petersburg Borough, Lancaster County, Pennsylvania.
DISPLAY FIREWORKS
Any large fireworks designed primarily to produce visible
or audible effects by combustion, deflagration, or detonation. This
term includes, but is not limited to, salutes containing more than
two grains (130 mg) of explosive materials, aerial shells containing
more than 40 grams of pyrotechnic compositions, and other display
pieces which exceed the limits of explosive materials for classification
as "consumer fireworks." Display fireworks are classified as fireworks
UN0333, UN0334, or UN0335 by the United States Department of Transportation
at 49 CFR 172.101. This term also includes fused set pieces containing
components, which together exceed 50 mg of salute powder.
FIRE PREVENTION OFFICER
The person appointed by the Borough Council to enforce the
applicable provisions of this chapter. This person or organization
may be updated from time to time by resolution.
FIREWORKS, CONSUMER
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. The term does not include devices
such 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 commonwealth.
FLAME EFFECT
The combustion of solids, liquids, or gases utilizing atmospheric
oxygen to produce thermal, physical, visual, or audible phenomena
before an audience.
A.
Automatic flame effect is a flame effect that is supervised
and fired by an automatic control system.
B.
Hybrid flame effect is a flame effect that is used in combination
with a pyrotechnic material or device.
C.
Manual flame effect is a flame effect that is operated manually
without the use of an automatic control system.
D.
Portable flame effect is a flame effect that is designed and
installed, either in a permanent or temporary installation, and that
is designed to move or be moved in the course of operation or installation.
PERSON
Any individual, partnership, corporation, limited liability
company, or other legal entity.
POLICE DEPARTMENT
Any police department authorized to provide police protective
services within the Borough.
PYROTECHNICS
Controlled exothermic chemical reactions that are timed to
create the effects of heat, gas, sound, dispersion of aerosols, emission
of visible electromagnetic radiation, or a combination of these effects
to provide the maximum effect from the least volume.
Prior to the issuance of any permit under §
59-2 hereof, the applicant shall deliver to the Borough evidence of the operator's registration with the Attorney General of Pennsylvania, and a bond or liability insurance, which shall be in the amount of $1,000,000, conditioned for payment of all damages which may be caused either to persons or to property by reason of the display and arising from any acts of the permit holder, his agents, employees or subcontractors. The Borough of East Petersburg and the East Petersburg Fire Company shall be named as additional insureds on the operator's liability insurance policy, which shall be shown on a certificate of insurance submitted to the Borough.
If, for any reason of unfavorable weather, the display for which
a permit has been granted does not take place at the time so authorized,
the person to whom such permit was issued may use the date noted on
the application as the "rain date" for the event display without the
payment of any additional fee and without requiring any bond or insurance
other than the one given for the original permit, the provisions of
which shall extend to cover all damages which may be caused by reason
of the said display taking place at such 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.