[Amended 3-12-2012 by Ord. No. 2660; 3-12-2018 by Ord. No. 2836]
The following words and phrases, when used in this article,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
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.
This 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.
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).
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.
The use of display fireworks shall be limited to the following purposes:
(1)
For agricultural purposes in connection with the raising of crops
and the protection of crops from bird and animal damage.
(2)
By railroads or other transportation agencies for signal purposes
or illumination.
(3)
In quarrying or for blasting or other industrial use.
(4)
In the sale or use of blank cartridges for a show or theater.
(5)
For signal or ceremonial purposes in athletics or sports.
(6)
By military organizations or organizations composed of veterans of
the Armed Forces of the United States.
B.
The use of display fireworks shall be handled by a competent operator
and shall be located, discharged or fired as, in the opinion of the
Fire Code Official or such other person as designated by the Township
Manager, after proper inspection, so as to not be hazardous to property
or endanger any person.
C.
It shall be unlawful and it is hereby forbidden and prohibited for
any person or persons under the age of 21 to possess or use display
fireworks.
D.
No display fireworks shall be ignited within 300 feet of a fireworks
sales location or a temporary structure as defined under this chapter.
A.
It shall be unlawful, and it is hereby forbidden and prohibited,
for any person or persons, firm or corporation to possess or use display
fireworks, subject to the following conditions:
(1)
The applicant shall obtain a license from the Township Manager, or
such other person designated by the Township Manager;
(2)
The applicant shall, upon application for a license, obtain a bond,
subject to the following requirements:
(a)
The bond shall be in a sum not less than $50,000;
(b)
The bond shall be executed by a bonding company or surety company
authorized to do business in the Commonwealth of Pennsylvania;
(c)
The bond shall be conditioned upon the payment of all damages
which may be caused to a person or property by reason of the display
and arising from an act of the permittee or an agent, an employee
or a subcontractor of the permittee.
B.
After permission is granted under this section, display fireworks
may be possessed and used by a person holding a permit from the Township
solely for the purpose authorized by the permit.
C.
A license holder may transfer the license to a person or persons
qualified under this section, provided the license holder notifies
the Township of the transfer in a form determined by the Township
Manager prior to the expiration of the permit and prior to the possession
or use of the display fireworks.
The sale of display fireworks is prohibited within Haverford
Township.
A.
It shall be unlawful, and it is hereby forbidden and prohibited,
for any person or persons under the age of 18 to possess or use consumer
fireworks.
B.
Consumer fireworks or sparkling devices may not be intentionally
ignited, discharged or thrown on public or private property without
the express permission of the owner.
C.
Consumer fireworks or sparkling devices may not be intentionally
ignited, discharged or thrown from or into a motor vehicle or building.
D.
Consumer fireworks or sparkling devices may not be intentionally
ignited, discharged or thrown while the person is under the influence
of alcohol, a controlled substance or another drug.
E.
Consumer fireworks or sparkling devices may not be intentionally
ignited, discharged or thrown within 150 feet of an occupied structure.
Consumer fireworks may be sold in Haverford Township, subject
to the following conditions:
A.
The facility shall be licensed by the Commonwealth of Pennsylvania
Department of Agriculture.
C.
The facility shall be a stand-alone permanent structure.
D.
The facility shall be located in a district zoned as a C-4 Highway Commercial District pursuant to Chapter 182 of these General Laws.
E.
Storage areas shall be separated from wholesale or retail sales areas
to which a purchaser may be admitted by appropriately rated fire separation.
F.
The facility shall be located no closer than 250 feet from a facility
selling or dispensing gasoline, propane or other flammable products.
G.
The facility shall be located at least 1,500 feet from another facility
licensed to sell consumer fireworks.
H.
The facility shall have a monitored burglar and fire alarm system.
I.
Quarterly fire drills and preplanning meetings shall be conducted
as required by the Township Manager or such person designated by the
Township Manager.
J.
The facility shall comply with the provisions of 72 P.S. § 9409.
Any person, firm or corporation violating any provision of this
article shall, upon summary conviction before any Magisterial District
Justice, pay a fine not exceeding $500 and costs of prosecution, and
in default of one payment of the fine and costs, the violator may
be sentenced to the county jail for a term of not more than 30 days.
Each and every day in which any person, firm or corporation shall
be in violation of this article shall constitute a separate offense.
The Chief of Police shall seize, take, remove or cause to be
removed, at the expense of the owner, all stocks of fireworks or combustibles
offered or exposed for sale, stored or held in violation of this article.
