The purpose of this chapter is to regulate the possession and
use of consumer fireworks, display fireworks, and agricultural fireworks,
and to provide penalties for violation of the provisions of this chapter.
The following words, when used in this chapter, shall have the
meanings ascribed to them in this section, except in those instances
where 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.
The Board of Supervisors of West Manchester Township.
The declaration by any state or local agency or official
that prohibits or restricts open or outside burning of any kind.
The Code Official with regard to this chapter shall be the
Fire Chief of West Manchester Township or his officially designated
representative; the Manager of West Manchester Township or his officially
designated representative; or the Police Chief of West Manchester
Township or his officially designated representative.
An operator shall be deemed competent, pursuant to this section,
upon the discretionary approval of the Fire Chief, who shall base
his decision on an evaluation of documentation provided by a permit
applicant concerning the proposed operator's age; past experiences,
which includes the number, type, and location of completed displays;
training; Attorney General registration; and at least two references
for said proposed operator.
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.
This plan shall include a description of the firing site;
device layout; a complete and itemized list of all pyrotechnic devices
to be displayed, including device and effect descriptions; quantities
and sizes of aerial shells and ground display pieces; spectator location;
fallout perimeter; distances between discharge area and spectator
viewing areas; fireworks storage area; parking area; overhead utilities;
streets and location of vehicles or readily combustible materials;
proof of fire and police officials/equipment to be notified and present;
and cleanup plan for display day and next morning.
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;
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 immediate area where a fireworks display is conducted.
The display area includes the discharge site, fallout area, and the
required separation distance from the mortars to spectator viewing
areas. The display area does not include spectator viewing areas or
vehicle parking areas.
The duly appointed Fire Chief of West Manchester Township.
The duly appointed Manager of West Manchester Township.
A structure, vehicle, or place adapted for overnight accommodation
of persons or for conducting business, whether or not a person is
actually present.
Every natural person, association, partnership, limited-liability
company, corporation, or entity of any kind.
The duly appointed Police Chief of West Manchester Township.
West Manchester Township, York County, Pennsylvania.
