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Township of Brighton, PA
Beaver County
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New Laws (1) Index
[HISTORY: Adopted by the Board of Supervisors 11-13-2018 by Ord. No. 216.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 97, Fireworks, adopted 5-10-2010 by Ord. No. 167.
As used in this chapter, the following terms shall have the meanings indicated:
DISPLAY FIREWORKS
The term "display fireworks" shall be defined as provided in Section 2401 of Act 43 of 2017 as 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:
A. 
Salutes that contain more than two grains or 130 milligrams of explosive materials;
B. 
Aerial shells containing more than 60 grams of pyrotechnic compositions; and
C. 
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).
It shall be unlawful for any person, persons, firms or corporations, amusement parks, fair associations or other organizations or groups of individuals to have or to hold public displays of fireworks within the limits of the Township of Brighton, unless a permit therefor is first granted by the Board of Supervisors, as hereinafter provided.
A. 
Holders of permits to possess and use display fireworks within the Township must comply with and abide by all Pennsylvania and federal statutes and regulations governing the use and storage of display fireworks, including, but not limited to, the International Fire Code and the Uniform Construction Code (Act 45 of 1999, as amended) ("UCC"). In the event of an inconsistency between the aforementioned state and federal laws and regulations and this chapter, the more stringent statutes and regulations shall apply.
B. 
Before a permit for the possession and use of display fireworks may be issued, the applicant must apply to the Township's Building Code Official for a permit under the UCC. If the Building Code Official indicates in writing that no UCC permit is required, the application shall be processed in accordance with this Ordinance. If a UCC permit is required, the applicant must present the valid UCC permit before a display fireworks permit may be issued under this Ordinance. If an applicant possesses a valid UCC permit, the site inspection requirements in § 97-4 of this Ordinance are waived.
Every use of display fireworks within the Township shall be handled, arranged, managed and directly supervised by a competent operator. The Township Fire Chief and/or Fire Code Official, or other such officer designated by the Township's Board of Supervisors, shall inspect the proposed site prior to issuing a permit in accordance with the International Fire Code and other applicable regulations and ensure that the site and proposed use of display fireworks are not hazardous to property, will not endanger any person(s) and will be in compliance with said regulations.
A. 
An application for a permit shall be made in writing to the Township at least 30 days in advance of the date of the proposed use of display fireworks, setting forth the proposed, date, time and location, the character and duration thereof, the name and address of the competent operator, and the name and address of the owner(s) of the grounds on which the display fireworks are to be used, with the written consent of such owner(s) and a copy of any permit application required by the International Fire Code and/or the UCC. The application shall contain copies of all state, federal and local permits and/or licenses needed for the use of display fireworks. All applicants shall pay the Township the appropriate permit fee identified on the Township's duly enacted fee schedule and provide proof of liability insurance acceptable to the Township and the required bond prior to issuance of a permit. The Board of Supervisors or its designee may attach conditions and/or restrictions on any permit for the use of display fireworks as deemed necessary.
B. 
Permits granted under this section shall be for the approved purpose, date and time only, unless extended due to unfavorable weather under § 93-7.
C. 
No permit for the use of display fireworks shall be issued to an individual under the age of 21.
D. 
No permit for the use of display fireworks shall be issued to an individual unless said individual provides written documentation that he or she has all necessary federal licenses and authorizations to possess, store and use display fireworks.
E. 
No display fireworks shall be ignited within 300 feet of a permanent or temporary fireworks facility licensed by the Pennsylvania Department of Agriculture.
F. 
No permit shall be issued to a business entity which performs, provides or supervises the use of display fireworks for profit unless it provides proof of registration with the Pennsylvania Attorney General.
G. 
Permits issued pursuant to this Ordinance may be transferred in accordance with Act 43 of 2017. Such transfers shall take effect only after 1) the permit holder provides written notice of the proposed transfer to the Township; and 2) the transferee provides a written statement that he or she agrees to comply with the requirements stated in the permit and this Ordinance. Both must be provided to the Township at least 10 days in advance of the transfer.
The Township shall require a bond from the applicant in an amount deemed appropriate by the Board of Supervisors or its designee. The bond amount shall be no less than $500,000 and shall be provided for the payment of any and all damages caused to any person(s) and property by reason of the display and arising from any acts of the permittee or the permittee's agents, employees, subcontractors or volunteers. The bond shall be in a form acceptable to the Township and no permit for the use of display fireworks shall be issued unless an acceptable bond is received by the Township.
If by reason of unfavorable weather, the display for which a permit has been granted does not take place at the time so authorized, the permittee may apply to the Township within 24 hours, setting forth under oath the fact that such display was not made, the reason and request for a continuance of such permit for a specifically designated day, no later than one week after the day fixed originally in said permit. Upon receiving such application for a continuance, the Township shall extend the provisions of the permit to the day fixed in the application, no later than one week after the original day designated in the permit, if the Township believes the facts to be true. Such extension of time shall be granted without the payment of any additional fee or requiring any bond other than the one given for the original permit. The provisions of the original bond shall extend to and cover all damages which may be caused by reason of said display taking place at the extended date in the same manner and to the same extent as if such display had taken place at the date originally fixed in the permit.
Any person violating the provisions of this Ordinance shall be guilty of a summary offense, and upon conviction thereof, shall be punished by a fine not exceeding $1,000 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.