[Adopted 6-13-2023 by Ord. No. 2023-5]
This Article is adopted pursuant to the authority granted under
Pennsylvania's fireworks regulations and laws as adopted and
codified by the Pennsylvania legislature as 3 Pa.C.S.A. §§ 1101-1115,
and pursuant to the authority to regulate fireworks as set forth in
the Second Class Township Code. This Article is adopted with the intent
to comply with such state fireworks laws, properly regulate fireworks
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. 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.
As used in this article, 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.
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, 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, 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 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 material
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.
Prohibition. No Display Fireworks shall be ignited within 300 feet of a facility that meets the requirements of § 40-67A (Sale of consumer fireworks).
B.
Permit.
(1)
A permit required for all Display Fireworks and shall be issued by
the Township, provided the applicant complies with the requirements
of this Section. It shall be unlawful for any person, agents, organizations,
firms or corporations to have or hold any displays/discharges of Display
Fireworks within the limits of Millcreek Township without a permit.
After permission is granted, purchase, possession and use of Display
Fireworks shall be lawful for the use outlined in the permit only.
Permits shall not be transferable.
(2)
Conditions. Each use of Display Fireworks shall be:
(a)
Handled by a competent operator at least 21 years of age who
demonstrates evidence of fireworks handling and safety training; and
(b)
Of a character and so located, discharged or fired as, in the
opinion of the Fire Chief, Fire Marshal, or other appropriate officer
as may be designated by the Township, after proper inspection, to
not be hazardous to property or endanger any person; and
(c)
Comply with Chapter 33 (Explosives and Fireworks) of the 2015
International Fire Code, NFPA 1123 or NFPA 1126, any other applicable
federal and state statutes, and any other applicable provisions of
the Millcreek Township Code.
(3)
Application. An application for permit shall be made in writing to
the Township Fire Chief, Fire Marshal, or other appropriate officer
as may be designated by the Township at least 30 days in advance of
the date of display. The application shall be on a form prescribed
by the Township and shall set forth at a minimum the date of the display,
the proposed location of the display, the character thereof, the name
and address of the operator and the name and address of the owner
or owners of the grounds on which the display is to be held, with
the consent of such owner or owners thereto in writing attached.
(4)
Permit fee. An applicant shall pay a fee with the application as
may be established from time to time by resolution adopted by the
Township.
(5)
Insurance. The applicant shall provide proof of liability insurance
in a form satisfactory to the Township and in an amount not less than
$1,000,000, conditioned for the payment of all damages which may be
caused to a person or property by reason of the use of Display Fireworks
and arising from an act of the applicant or their agents, employees
or subcontractors. The certificate of insurance shall also list the
Township as an additional insured. The certificate of insurance shall
filed with the Township before any permit for display of public fireworks
is issued.
(6)
Permit extension. The Township may grant an extension for a permit
issued under this Section to a new date for displays canceled due
to unfavorable weather or other circumstances beyond the control of
the permittee.
A.
Sale of consumer fireworks. Consumer fireworks shall be sold only
from facilities which are licensed by the Department of Agriculture
and that meet the following criteria:
(1)
The facility shall comply with the provisions of the act of November
10, 1999 (P.L.491, No. 45), known as the Pennsylvania Construction
Code Act.
(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 may be admitted by appropriately rated fire separation.
(4)
For a facility issued a license under 3 Pa.C.S.A. § 1108(a),
the facility shall be located no closer than 300 feet from a facility
selling or dispensing gasoline, propane or other flammable products.
(5)
For a facility issued a license under 3 Pa.C.S.A. § 1108(a),
the facility shall be located at least 2,500 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 preplanning meetings shall be conducted
as required by the primary fire department.
(8)
The facility shall comply with the requirements of NFPA 1124.
(9)
The sale of Consumer Fireworks may be conducted through online, mail-order
or other transaction, but delivery of Consumer Fireworks to a purchaser
shall take place at a facility licensed under 3 Pa.C.S.A. § 1108.
(10)
The sale of Consumer Fireworks and any facility shall comply
with all applicable federal and state statutes and regulations and
all applicable Millcreek Township Ordinances.
B.
Use of consumer fireworks.
(1)
Conditions. A person who is at least 18 years of age may purchase,
possess and use Consumer Fireworks. A person or entity using Consumer
Fireworks pursuant to this Article shall also comply with all applicable
federal and state laws.
(2)
Prohibitions. A person may not intentionally use Consumer Fireworks:
(a)
On private property or on public property, including, but not
limited to, streets, parking lots, sidewalks and parks, without the
express permission of the owner or entity that controls the property.
(b)
Within, directed at or directed from a vehicle or building.
(c)
Directed at another person.
(d)
While the person is under the influence of alcohol, a controlled
substance or another drug.
(e)
Within 150 feet of a building or vehicle, whether or not the
building or vehicle is owned by the user of the Consumer Fireworks.
(3)
Conditional use. No person may use Consumer Fireworks within 150
feet of an animal housing facility or a fenced area designed to confine
livestock owned or managed by another person. If a person uses Consumer
Fireworks at a distance of 150 to 300 feet from an animal housing
facility or fenced area designed to confine livestock owned or managed
by another person, the user of Consumer Fireworks shall notify in
writing the owner or manager of the livestock at least 72 hours in
advance of the use that Consumer Fireworks will be used in the area.
(4)
Time limitations. Consumer fireworks may not be used between the
hours of 10:00 p.m. and 10:00 a.m., except:
(a)
On July 2, 3 and 4 and December 31, when Consumer Fireworks
may be used until 1:00 a.m. the following day;
(b)
When July 4 falls on a Tuesday, Wednesday or Thursday, Consumer
Fireworks may be used until 1:00 a.m. on the immediately preceding
and following Friday and Saturday;
(c)
Memorial Day, including the immediately preceding Saturday and
Sunday; and
(d)
Labor Day, including the immediately preceding Saturday and
Sunday.
The Millcreek Township Police Department and the Code Administrator
or their designee are hereby authorized and directed to enforce the
terms of this Article.
A.
A person using Consumer Fireworks in violation of the provisions
of this Article for the first offense commits a summary offense and,
upon conviction, shall, in addition to any other penalty authorized
by law, be punishable by a fine of not more than $500. A subsequent
offense under this committed within three years of a prior conviction
under this subsection shall constitute a summary offense and, upon
conviction, shall, in addition to any other penalty authorized by
law, be punishable by a fine of not more than $1,000.
B.
A person selling Consumer Fireworks in violation of the provisions
of this Article for the first offense commits a misdemeanor of the
second degree and, upon conviction, shall, in addition to any other
penalty authorized by law, be punishable by a fine of not less than
$10,000. A subsequent offense under this subsection committed within
three years of a prior conviction under this subsection shall constitute
a misdemeanor of the second degree and, upon conviction, in addition
to any other penalty authorized by law, shall be punishable by a fine
of not less than $15,000 and a revocation of a license issued under
3 Pa.C.S.A § 1108.
C.
A person selling or using Display Fireworks in violation of the provisions
of this Article for the first offense commits a felony of the third
degree and, upon conviction, shall, in addition to any other penalty
authorized by law, be punishable by a fine of not less than $10,000.
A subsequent offense under this subsection committed within three
years of a prior conviction under this subsection shall constitute
a felony of the third degree and, upon conviction, shall, in addition
to any other penalty authorized by law, be punishable by a fine of
not less than $15,000.
