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 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 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 (for information purposes only)
A.
Illegal explosives associated with the fireworks season are
inherently dangerous because of their composition and unpredictability.
Homemade explosives can pose 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 stick, cherry bombs, silver salutes, etc.,
to be illegal because the 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
classes 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, Borough of Summit Hill).
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 any
building.
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 Summit Hill
unless a permit therefore 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 with Alcohol, Tobacco and Firearms
permit and registration with the Pennsylvania Attorney General's
Office on the grounds designated by the Borough through the permit.
Public notification. 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.
All ordinances or parts thereof inconsistent with the provisions
of this chapter are hereby repealed.
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.
This chapter shall become effective immediately.