[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Frederick 12-12-2019 by Ord. No. 2019-03. Amendments noted
where applicable.]
This chapter is adopted pursuant to the authority granted under
Pennsylvania's fireworks regulations and laws as adopted and
codified by the Pennsylvania legislature at 72 P.S. § 9401-9416,
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 state fireworks
laws, properly regulate fireworks use within the Township, and to
protect the health, safety and welfare of Township citizens.
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:
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.
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.
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:
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 National Fire Protection Association Standard 1124, Code
For the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic
Articles, 2006 edition, or any subsequent edition.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
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.
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.
(9)
Consumer fireworks should not be ignited or discharged after 10:00
p.m., except on New Year's Eve, when the time restriction shall
be 1:00 a.m.
(10)
A person may not offer for transportation or transport, the
following explosives unless otherwise provided in Subsection 173 of
49 CFR, as follows:
(a)
An explosive that has not been approved in accordance with § 173.56
of 49 CFR.
(c)
A leaking or damaged package or article containing an explosive.
(d)
Propellants that are unstable, condemned or deteriorated.
(e)
Nitroglycerin, diethylene glycol dinitrate, or any other liquid
explosives not specifically authorized by this subchapter.
(f)
A loaded firearm (except as provided in 49 CFR 1544.219).
(g)
Fireworks that combine an explosive and a detonator.
(h)
Fireworks containing yellow or white phosphorus.
(i)
A toy torpedo, the maximum outside dimension of which exceeds
23 mm (0.906 inch), or a toy torpedo containing a mixture of potassium
chlorate, black antimony (antimony sulfide), and sulfur, if the weight
of the explosive material in the device exceeds 0.26 g (0.01 ounce).
(j)
Explosives specifically forbidden in the table as set forth
in § 172.101 of 49 CFR.
(k)
Explosives not meeting the acceptance criteria specified in
§ 173.57 of 49 CFR.
(l)
An explosive article with its means of initiation or ignition
installed unless approved in accordance with § 173.56 of
49 CFR.
C.
Sale and storage of consumer fireworks. The sale and storage of consumer
fireworks is licensed and regulated by the Pennsylvania Department
of Agriculture. Any person who intends to sell or store consumer fireworks
within the Township shall provide proof of such licensure prior to
such use being conducted within the Township, in addition to compliance
with all other applicable Township ordinances and regulations.
A.
Conditions. If a person is licensed by the Pennsylvania Department
of Agriculture to store and sell consumer fireworks within a temporary
structure, as defined herein, such use shall be permitted within the
Township, provided all other applicable Township ordinances and regulations
are met.
B.
The person authorized to store and sell consumer fireworks within
such temporary structure shall comply with the regulations of the
Pennsylvania Department of Agriculture, and shall provide verification
of such compliance prior to being permitted to conduct such use within
the Township.
A.
No display fireworks shall be ignited within 300 feet of a facility
selling or dispensing gasoline, propane or other flammable products.
B.
Permits are required to be issued by the Township prior to the use
of display fireworks. Application for permits shall be made in writing
at least 30 days in advance of the planned date of the use of display
fireworks, together with the permit fee. Permit fees shall be as established
by Resolution of the Board of Supervisors.
C.
Permits for display fireworks may only be issued to persons age 21
or older.
D.
Each display firework shall be:
(1)
Handled by a competent operator with the proper authorization to
handle, operate or store display fireworks;
(2)
Inspected by the Township Code Enforcement Officer, Fire Marshall
or other appropriate officer, and after proper inspection, deemed
to not be hazardous to property or endanger any person prior to the
display occurring; and
(3)
After permission is granted under this section, possession and use
of display fireworks shall be lawful for that purpose only.
E.
License requirements. Any business entity which performs, provides
or supervises display fireworks for profit shall provide proof of
registration with the Pennsylvania Attorney General to the Township
as part of the permitting process.
F.
Display fireworks may be possessed and used by a person (age 21 or
older) holding a permit from the Township at the display covered by
the permit, or when used as authorized by a permit for any of the
following additional activities:
(1)
For agricultural purposes in connection with the raising of crops
and the protection of crops from bird and animal damage.
(2)
By railroads or other transportation agencies for signal purposes
or illumination.
(3)
In quarrying or for blasting or other industrial use.
(4)
In the sale or use of blank cartridges for a public show or theater.
(5)
For signal or ceremonial purposes in athletics or sports.
(6)
By military organizations or organizations composed of veterans of
the Armed Forces of the United States.
A.
Bond and liability insurance. The Township shall require a bond deemed adequate by the Board from the permittee in a sum not less than $50,000 or such other amount as the Board may deem appropriate, to be conditioned on the payment of all damages which may be caused to a person or property by reason of the display fireworks and arising from an act of the permittee or an agent, an employee or a subcontractor of the permittee. The bonding requirement may be deemed unnecessary or reduced in amount by the Board of Supervisors for the additional activities listed under § 108-5F above. Further, liability insurance covering damages which may be caused to a person or property by reason of the display fireworks in an amount of $1,000,000 insured by an approved insurance company to do business within the Commonwealth of Pennsylvania shall be provided before the permit shall issue. The Township, the Fire Marshall and the Township Code Enforcement Officer shall be additional insureds.
B.
Extension of permit.
(1)
Authorization. If, because of unfavorable weather, the display fireworks
for which a permit has been granted does not occur at the time authorized
by the permit, the person to whom the permit was issued may, within
24 hours, apply, in writing, for a request for extension to the Township.
The requested continuance of the permit shall be not later than one
week after the date originally designated in the permit.
(2)
Conditions. The extension of time shall be granted without the payment
of an additional fee and without requiring a bond other than the bond
given for the original permit, the provisions of which shall extend
to and cover all damages which may be caused by reason of the display
occurring at the extended date and in the same manner and to the same
extent as if the display had occurred at the date originally designated
in the permit.
A.
Authorization. The Township may grant permits for the use of suitable
fireworks for agricultural purposes in connection with the raising
of crops and the protection of crops from bird and animal damage.
B.
Duration of permit. A permit under this section shall remain in effect
for the calendar year in which it was issued.
C.
Conditions. After a permit under this section has been granted, sales,
possession and use of fireworks of the type and for the purpose mentioned
in the permit shall be lawful for that purpose only.
A.
The Township Code Enforcement Officer or the Township Fire Marshall
shall take, remove or cause to be removed, at the expense of the owner,
all stocks of consumer fireworks, display fireworks or combustibles
offered or exposed for sale, stored or held in violation of this chapter.
The owner shall also be responsible for the storage and, if deemed
necessary, the destruction of these fireworks.
B.
The Township Code Enforcement Officer and the Township Fire Marshall
are authorized to cease all fireworks activity when there is a determination
that there is imminent or immediate danger to any person(s) or any
property, buildings, structures or premises, take any steps necessary,
within the reasonable performance of their duties, to extinguish,
mitigate and/or control any fireworks in order to preserve and protect
the life, health, welfare or safety of any person(s) and to preserve
and protect property, building structures or premises.
A.
A person using consumer fireworks in violation of the provisions
of this chapter commits a summary offense and, upon conviction, shall
be punished by a fine of not more than $100.
B.
A person selling consumer fireworks in violation of the provisions
of this chapter commits a misdemeanor of the second degree.
C.
A person selling display fireworks in violation of the provisions
of this act commits a felony of the third degree.
D.
A person selling federally illegal explosives such as devices as
described in 49 CFR 173.54 (relating to forbidden explosives) or those
devices that have not been tested, approved and labeled by the United
States Department of Transportation, including, but not limited to,
those devices commonly referred to as "M-80," "M-100," "blockbuster,"
"cherry bomb" or "quarter or half stick" explosive devices, in violation
of the provisions of this chapter, commits a felony of the third degree.
E.
All prosecutions related to this chapter shall be the responsibility
of the Township Code Enforcement Officer.
