[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Makefield 1-17-2024 by Ord. No. 445. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects of 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 Association (APA) Standard 87-1 or any successor
standard, the sale possession and use or which shall be permitted
throughout this commonwealth.
The term does not include devices such as Class 1 model rockets
as defined in 14 CFR Part 101, ground and hand-held sparkling devices,
novelties, toy caps, as defined in APA Standard 87-1, or any successor
standard, the sale, possession, and use of which shall be permitted
at all times throughout this commonwealth.
Large fireworks used solely by professional pyrotechnicians
and designed primarily to produce visible or audible effects of 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) by the United States Department
of Transportation.
The National Fire Protection Association Standard 1124 Code
for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic
Articles, 2017 Edition.
A structure, vehicle or place adapted for overnight accommodation
of persons for conducting business whether a person is actually present.
Pennsylvania Act 74 of 2022[1] which also may be cited as House Bill 2157.
[1]
Editor's Note: See 3 Pa.C.S.A. § 1101 et seq.
A.
Use of consumer fireworks.
(1)
Conditions. A person who is at least 18 years of age and meets the
requirements of this section may purchase, possess, and use consumer
fireworks.
(2)
Prohibitions. A person may not intentionally ignite or discharge:
(a)
Consumer fireworks on public or private property without the
express permission of the owner.
(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 150 feet of an occupied structure.
(f)
Consumer fireworks after 10:00 p.m. prevailing time or before
7:00 a.m. prevailing time, except on New Year's Eve, which shall
be until 12:00 midnight, New Year's Day until 12:30 a.m. and
July 4 until 11:00 p.m.
B.
Use of display fireworks.
(1)
Display fireworks shall not be utilized within Lower Makefield Township
unless and until a permit is obtained from the Township Fire Marshal.
(2)
No display of fireworks shall be ignited within 300 feet of a permanent
facility or temporary structure.
(3)
No display fireworks shall be ignited after 11:00 p.m.
The Pennsylvania State Police, Lower Makefield Township Police,
or the Lower Makefield Township Fire Marshal may seize, remove, or
cause to be removed at the expense of the owner all stocks of consumer
fireworks or display fireworks or combustibles offered or exposed
for sale, stored, or held in violation of this chapter. The owner
shall also be responsible for the storage and, if deemed necessary,
the destruction of these fireworks.
A.
The provisions of this chapter shall be enforced by any Township
police officer, the Township Fire Marshal, or Code Enforcement Officer
as assigned by the Township.
B.
Any person who violates any of the provisions of this chapter may
be issued a citation for each offense with a fine of $1,000 for each
offense.
