This chapter shall be known as the "Fireworks and Pyrotechnics
Ordinance of Manheim Township."
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
et seq., and pursuant to the authority to regulate fireworks as set
forth in the First Class Township Code at 53 P.S. § 56579.13
(Fireworks and Inflammable Articles) and 53 P.S. § 56501.5
(General Powers). This chapter is adopted with the intent to comply
with such state fireworks laws, properly regulate firework and pyrotechnic
use within the Township, and to protect the health, safety, and welfare
of Township citizens through limiting and regulating the use of fireworks,
pyrotechnics and flame effects. It shall be unlawful for any person,
persons, firms, corporations, or other entities to possess, sell,
or use fireworks, pyrotechnics and flame effects in violation of this
chapter.
For the purpose of this chapter, the following terms shall have
the meanings set forth herein:
CODE OFFICIAL
The Director of Code Compliance or other code official designated
by Manheim Township Commissioners to enforce Township ordinances.
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 American Pyrotechnics Standard (APA) 87-1, or any successor standard,
the sale, possession and use of which shall be permitted throughout
the 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 the commonwealth.
CONTRACTOR/OPERATOR
A professional pyrotechnician possessing a current, valid
registration with the Pennsylvania Attorney General.
DISCHARGE SITE
The area immediately surrounding the fireworks mortars used
for the outdoor display of display fireworks.
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).
DISPLAY SITE
The immediate surrounding area where a display of display
fireworks is conducted, including the discharge site, the fallout
area, and the required separation distances from mortars to spectator
viewing areas.
FLAME EFFECTS
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 of installation.
OCCUPIED STRUCTURE
Any man-made object having an ascertainable stationary location,
whether or not affixed to the land, that is adapted for overnight
accommodation of persons or for conducting business whether or not
a person is actually present.
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.
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 has and is dedicated to the storage and sale of consumer
fireworks and related items. This term includes temporary retail sales,
stands, tents, canopies and membrane structures meeting the specifications
of NFPA 1124. This term shall not include a facility that is not licensed
to all consumer fireworks under this chapter.
TOWNSHIP
Manheim Township, Lancaster County, Pennsylvania.
All relevant ordinances, regulations, and policies of the Township,
not amended, shall remain in full force and effect.
In the event any provision, section, sentence, clause or part
of this chapter shall be held to be invalid, illegal or unconstitutional
by a court of competent jurisdiction, such invalidity, illegality
or unconstitutionality shall not affect or impair the remaining provisions,
sections, sentences, clauses or parts of this chapter, it being the
intent of the Board of Commissioners that the remainder of the chapter
shall be and shall remain in full force and effect.
This chapter shall take effect immediately upon adoption.