[HISTORY: Adopted by the Board of Supervisors of the Township
of Coolbaugh 7-6-2021 by Ord. No. 145-2021. Amendments noted where applicable.]
This chapter is adopted and codified pursuant to 72 P.S. §§ 9401
through 9416 and in accordance with the authority to regulate fireworks
as set forth in the Pennsylvania Second Class Township Code at 53
P.S. § 66534. This chapter is intended to comply with all
applicable state statutes and/or laws regulating the use of fireworks
within the Township.
The following words and terms shall, for purposes of this chapter,
have the following meanings:
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.
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).
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
A person who is at least 18 years of age and meets the requirements
of this chapter may use consumer fireworks, subject to the restrictions
and limitations specifically contained herein. A person may not intentionally
ignite or discharge:
A.
Consumer fireworks on public or private property without the express
permission of the owner of the property.
B.
Consumer fireworks or sparkling devices within, or throw consumer
fireworks or sparkling devices from, a motor vehicle or building.
C.
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or at another person.
D.
Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance, or another drug.
E.
Consumer fireworks within 200 feet of an occupied structure.
F.
Consumer fireworks within any closed structure, building or tent.
G.
Consumer fireworks more than one day per week.
H.
Consumer fireworks after 11:00 p.m., except on the 4th of July or
New Year's Eve when consumer fireworks are permitted until 1:00
a.m.
A.
Unlawful to use display fireworks without a permit. It shall be unlawful
for any person, persons, firms or corporations, amusement parks, fair
associations or other organizations or groups of individuals to use
and/or hold public displays of display fireworks within the limits
of the Township of Coolbaugh, unless a permit therefor is first granted
by Coolbaugh Township, as hereinafter provided.
B.
Compliance with state and federal statutes and regulations. The applicant
for a permit for the display of display fireworks within this Township
must comply with and abide by any and all Pennsylvania and federal
statutes and regulations and any and all applicable county or other
local regulations governing the use, storage, and display of fireworks,
including but not limited to the International Fire Code and 35 P.S.
§ 1271 et seq., as amended. All Pennsylvania, federal, county
and other local laws and regulations are incorporated herein by reference.
All regulations relating to the display of fireworks under the International
Fire Code and/or Uniform Construction Code are also incorporated herein
by reference. In the event of an inconsistency between the aforementioned
Pennsylvania, federal, county and other local laws and regulations
and this chapter, the more stringent regulation shall apply. The applicant
must further receive any and all requisite Pennsylvania, federal,
county and/or other local permits and/or licenses relating to the
proposed display of display fireworks.
C.
Competent operator and safe display location. Every such display
of display fireworks within the limits of the Township shall be handled,
arranged, managed and directly supervised by a competent operator.
Every such display fireworks use and display within the Township shall
be of such a character and so located, discharged or fired as not
to be hazardous to property or endanger any person or persons in the
opinion of the Board of Supervisors or their duly authorized representative.
The Township Fire Chief and/or Fire Code Official, or other such officer
as may be designated by the Township, shall inspect the site where
the display fireworks are to be used and displayed prior to the issuance
of a permit in accordance with the International Fire Code and other
applicable regulations and ensure that the site and proposed fireworks
display are compliant with said regulations. No permit for the use
of fireworks shall be issued until the Township Fire Chief, or other
such officer as may be designated by the Township, determines that
the requested permit may be granted after inspecting the location
for the requested display.
D.
Permit.
(1)
An application for a permit shall be made, in writing, to the Township
at least 45 days in advance of the date of the proposed use and display
of the display fireworks and shall set forth the proposed date, time
and location of the use and display, the character and duration thereof,
the name and address of the competent operator, and the name and address
of the owner or owners of the grounds on which the use and display
is to be held, together with the written consent of such owner or
owners thereto and a copy of any permit application required by the
International Fire Code. The application for the permit shall also
contain copies of any and all state, federal and/or county permits
and/or licenses needed for the use and display of display fireworks.
All applicants shall pay the Township the permit fee identified in
the Township's duly enacted fee schedule resolution before the
issuance of a permit and shall further provide proof of liability
insurance, acceptable to the Township, and the required bond to the
Township. The Township Board of Supervisors may attach conditions
and/or restrictions on any permit for the use and display of display
fireworks as are deemed necessary.
(2)
If and after such permit is granted by the Township Board of Supervisors
or an authorized designee, the possession and use of display fireworks
for the approved display shall be lawful for that purpose, date and
time only.
(3)
No permit for the use and display of display fireworks shall be issued
to an individual under the age of 21.
E.
Liability insurance. All applicants shall submit proof of liability
insurance in an amount no less than $1,000,000, and such policy shall
name the Township, its employees, and its elected and appointed officials
as additional insureds. The liability insurance shall be in a form
acceptable to the Township before issuance of any permit.
F.
Continuance. If by reason of unfavorable weather the fireworks 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 within
24 hours or the next business day the Township office is open, whichever
is later, apply to the Township, and set forth under oath the fact
that such use and display was not made, the reason the use and display
did not take place, and a request for a continuance of such permit
for a day designated therein. The continuance date shall be no later
than one week (seven days) after the day fixed originally in said
permit, unless otherwise approved by the Township. Upon receiving
such application for a continuance, the Township, if it believes the
facts stated therein are true, may extend the provisions of said permit
to the day fixed in said application, subject to the rescheduled day
being within seven days of the original date or otherwise agreeable
to the Township, and such extension of time shall be granted without
the payment of any additional fee and without requiring any bond other
than the one given for the original permit, provided that the provisions
of the original bond extend to and cover all damages which may be
caused by reason of said use and display taking place at such extended
date in the same manner and to the same extent as if such use and
display had taken place at the date originally fixed in the permit.
All the regulations, requirements and/or restrictions set forth
at 72 P.S. §§ 9401 through 9416 and any applicable
regulations of a homeowners' association and/or private community
relating to fireworks shall be complied with unless a more restrictive
regulation, requirement and/or restriction is specifically provided
for in this chapter, in which case the more restrictive regulation,
requirement and/or restriction shall apply.
In the event of any violation of this chapter or of the terms,
conditions or limitations noted on a permit for the display of display
fireworks, or in the event of any unsafe condition occurring before
or during the course of a fireworks display, or in the event of any
unsafe condition occurring as a result of any use of consumer, display
or other fireworks within the Township, the Pennsylvania State Police,
Pocono Mountain Regional Police, Township Fire Chief, Township Code
Enforcement Officer, and/or other authorized Township designee and/or
representative may, before or during the unsafe and/or violating occurrence,
order such fireworks use or display to be stopped in the interest
of public safety.
Any person, individual, partnership, copartnership, association
or corporation violating the provisions of this chapter with respect
to the use of consumer or display fireworks shall be guilty of a summary
offense and, upon conviction thereof, shall be punished by a fine
not exceeding $600 or by imprisonment not exceeding 90 days or by
both such fine and imprisonment.
