[HISTORY: Adopted by the Borough Council of the Borough of
Kutztown 7-19-2022 by Ord. No. 5-2022. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Fireworks"
chapter of the Code of the Borough of Kutztown.
This chapter is enacted pursuant to the authority of the laws
of the Commonwealth of Pennsylvania, including, but not limited to,
§ 1202 of the Pennsylvania Borough Code (8 Pa.C.S.A § 1202)
and §§ 1271 to 1277 of the Pennsylvania Health and
Safety Code (35 P.S. § 1271 et seq.).[1]
[1]
Editor's Note: 35 P.S. § 1271 et seq. was repealed
10-30-2017 by P.L. 672, No. 43.
The Borough Council of the Borough of Kutztown desire to promote
the health, safety, and welfare of the citizens of the Borough and
of the public at large by enacting such rules and regulations as are
reasonably necessary to regulate and control the manufacture, sale,
use and public display of fireworks within the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A business entity, including a corporation, partnership or
sole proprietorship, or an individual registered and approved by the
Pennsylvania Attorney General to provide or supervise a fireworks
display or exhibition within the Commonwealth of Pennsylvania.
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 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:
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 design and assembly of any combustible or explosive materials
or any substance or combination of substances for which the sole purpose
is the creation of fireworks. It shall also mean the storage and/or
warehousing of fireworks.
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 consumer fireworks building, trailer, semitrailer, metal
shipping container or magazine meeting the specifications of NFPA
1124.
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 article.
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 shall 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 from a motor vehicle or building.
(3)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or 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.
A.
Consumer fireworks shall only be sold from facilities which are licensed
by the Department of Agriculture and that meet the following criteria:
(1)
The facilities shall comply with the provisions of the Act of March
10, 1999 (P.L. 491, No. 45) known as the Pennsylvania Construction
Code Act, also known as the Pennsylvania Uniform Construction Code.
(2)
The facility shall be a stand-alone permanent structure.
(3)
Storage areas shall be separated from wholesale or retail sales areas
to which a purchaser shall be permitted by appropriately rated fire
separation.
(4)
The facility shall be located no closer than 250 feet from a facility
selling or dispensing gasoline, propane, or other flammable product.
(5)
The facility shall be located at least 1,500 feet from another facility
licensed to sell consumer fireworks.
(6)
The facility shall have a monitored burglar and fire alarm system.
(7)
Quarterly fire drills and pre-planning meetings shall be conducted
as required by the Borough Fire Department.
B.
Temporary sales facilities. A temporary structure may be licensed
by the Department of Agriculture to sell consumer fireworks if the
temporary structure meets all of the following requirements:
(1)
The temporary structure is located no closer than 250 feet from a
facility storing, selling or dispensing gasoline, propane or other
flammable products.
(2)
An evacuation plan is posted in a conspicuous location for a temporary
structure in accordance with NFPA 1124.
(3)
The outdoor storage unit, if any, is separated from the wholesale
or retail sales area to which a purchaser may be admitted by appropriately
rated fire separation.
(4)
The temporary structure complies with NFPA 1124 as it relates to
retail sales of consumer fireworks in temporary structures.
(5)
The temporary structure is located one of the following distances
from a permanent facility licensed to sell Consumer Fireworks under
the act of May 15, 1939 (P.L. 134, No. 65), referred to as the Fireworks
Law,[1] at the time of the effective date of this article:
(a)
Prior to January 1, 2023, at least five miles.
(b)
Beginning January 1, 2023, at least two miles.
[1]
Editor's Note: 35 P.S. § 1271 et seq. was repealed
10-30-2017 by P.L. 672, No. 43, § 48(4).
(6)
The temporary structure does not exceed 2,500 square feet.
(7)
The temporary structure is secured at all times during which Consumer
Fireworks are displayed within the structure.
(8)
The temporary structure has a minimum of $2,000,000 in public and
product liability insurance.
(9)
The sales period is limited to June 15 through July 8 and December
21 through January 2 of each year.
(10)
Consumer fireworks not on display for retail sale are stored
in an outdoor storage unit.
A.
Public display. Public displays of fireworks are permitted within
the Borough of Kutztown, Berks County, Pennsylvania, provided such
display is conducted or supervised by a competent operator and has
been approved by the Borough Council through the issuance of permit
authorizing such public display.
B.
Permits. Any applicant desiring a permit for a public display of
fireworks from the Borough of Kutztown shall, at least 45 days in
advance of the desired date of display, submit a written application
to the Borough Secretary. The application shall contain the applicant's
name, address and telephone number; the desired location and date
of the proposed display; the type or types of fireworks to be discharged
and/or exploded during the public display; the name, address and telephone
number of the competent operator conducting or supervising the public
display; a copy of the competent operator's ATF (Department of
Treasury, Bureau of Alcohol, Tobacco and Firearms) permit; and a copy
of the competent operator's Pennsylvania Attorney General's
Certificate of Registration. Any permit granted hereunder shall not
be transferable or assignable and shall only be applicable to the
date or dates for such public display printed on the permit.
C.
Application fee. Every permit application shall include an application
fee in the amount of $100 to reimburse the Borough for the cost of
review of such application. Said fee may be amended by a resolution
adopted by Borough Council from time to time.
Upon the submission of an application for a public display of
fireworks and application fee, the Borough Secretary shall forward
a copy of the same to the Kutztown Borough Fire Marshal. The Fire
Marshal shall review the same to ensure the proposed location of the
public display is of a suitable nature and that the proposed public
display shall not be hazardous to property or endanger any person
or persons. The Fire Marshal shall submit a report to the Borough
Council stating his findings regarding the permit application and
recommending approval or denial of the same. The Fire Marshal or his/her
designee shall have the right to inspect the location where the fireworks
display shall be conducted on or before the date of the schedule public
display of fireworks.
Any applicant granted a permit for the public display of fireworks
(the "permittee") shall be required to post a bond or provide proof
of casualty insurance in the minimum amount of $1,000,000 conditioned
for the payment of all damages which may be caused either to a person
or persons or to property be reason of the permitted public display
of fireworks or arising from any act of the permittee, his agents,
employees, or subcontractors.
A.
Any person or persons desiring to use fireworks for agricultural
purposes in connection with the raising of crops and the protection
of crops from bird and/or animal damage shall submit a written application
to Borough Secretary. The application shall include the name, address
and telephone number of the applicant, the type of fireworks to be
used and the location where such fireworks will be used.
B.
There shall be no permit application fee for agricultural fireworks
permit.
C.
The Borough Secretary shall provide the Borough of Kutztown Fire
Marshal with a copy of the agricultural fireworks permit application
for his review. The Fire Marshal shall review the same to ensure that
the proposed fireworks will not endanger any person or persons nor
be hazardous to property. The Fire Marshal shall submit a report to
the Borough Manager stating his findings regarding the permit application
and recommending approval or denial of the same.
D.
An approved agricultural fireworks permit shall be valid for the
calendar year of the year of the date of issue.
Any person, copartnership, association or corporation violating
the provisions of this chapter shall be guilty of a summary offense
and shall be punished by a fine not exceeding $1,000, or in the case
of individuals, the members of a partnership, and the responsible
officers and agents of an association or corporation, by imprisonment
in the Berks County Prison not exceeding 90 days, or both.
All existing ordinances or parts of ordinances and provisions
of the Code of the Borough of Kutztown which are contrary to the provisions
of this chapter are hereby repealed to the extent necessary to give
this chapter full force and effect.
It is the intention of the Borough Council that each separate
provision of this chapter shall be independent of all other provisions
herein and that if any of the provisions of this chapter be declared
invalid, all other provisions hereof shall remain valid and in full
force and effect.
