[HISTORY: Adopted by the Board of Supervisors of Manor Township 6-3-2002 by Ord. No. 4-2002; amended in its entirety 7-2-2018 by Ord. No. 1-2018. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- APA 87-1
- The American Pyrotechnics Association Standard 87-1: Standard for Construction and Approved for Transportation of Fireworks, Novelties and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
- BOARD OF SUPERVISORS
- The Board of Supervisors of Manor Township, County of Lancaster and Commonwealth of Pennsylvania.
- A. 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.
- B. The term does not include devices as "ground and hand-held sparking devises," "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.
- DISPLAY FIREWORKS
- 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 UNo333, No334 or UNo335 under 49 CFR 172.101 (relating to purpose and use of hazardous materials table).
- OCCUPIED STRUCTURE
- A structure, vehicle or place adapted for overnight accommodation of persons or for conducting business whether or not a person is actually present.
- OUTDOOR STORAGE UNIT
- A consumer fireworks building, trailer, semitrailer, metal shopping container or magazine meeting the specifications of NFPA 1124.
- SALES LOCATIONS
- Consumer fireworks sold only from facilities which are licensed by the Department of Agriculture and meet the following criteria:
- A. Facilities that comply with the provisions of the act of November 10, 1999 (P.L. 491, No. 45) known as the Pennsylvania Construction Code Act;
- B. Facilities that are stand-alone, permanent structures;
- C. Storage areas which are separated from wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation;
- D. Facilities located no closer than 250 feet from a facility selling or dispensing gasoline, propane or other flammable products;
- E. Facilities located at least 1,500 feet from another facility licensed to sell consumer fireworks;
- F. Facilities that have a monitored burglar and fire alarm system;
- G. Quarterly fire drills and preplanning meetings shall be conducted as required by the primary fire department.
- TEMPORARY STRUCTURE
- 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 specification of NFPA 1124. The term shall not include a facility that is not licensed to sell consumer fireworks under this chapter.
- The Township of Manor, County of Lancaster and Commonwealth of Pennsylvania.
Editor's Note: See 16 CFR 1.1 et seq.
Permissible purposes. Display fireworks may be possessed and used by a person holding a permit from the Township at the display authorized by the permit or when used as authorized by a permit for any of the following:
For agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage.
By railroads or other transportation agencies for signal purposes or illumination .
In quarrying or for blasting or other industrial uses.
In the sale or use of blank cartridges for a show or theater.
For signal or ceremonial purposes in athletics or sports.
By military organizations or organizations composed of veterans of the armed forces of the United States.
Age limitation. A display fireworks permit shall not be issued to a person under 21 years of age.
Bond. The Board of Supervisors of the Township shall require a bond in the amount of $1,000,000 conditioned for 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.
Conditions. A person who is at least 18 years of age and meets the requirements of this chapter may purchase, possess and use consumer fireworks.
Prohibitions. A person may not intentionally ignite or discharge:
Consumer fireworks on public or private property without the express permission of the owner;
Consumer fireworks or sparkling devices within, or throw consumer fireworks or sparkling devices from, a motor vehicle or building;
Consumer fireworks or sparkling devices into or at a motor vehicle or building or at another person;
Consumer fireworks or sparkling devices while the person is under the influence of alcohol, a controlled substance or another drug;
Consumer fireworks within 150 feet of an occupied structure.
No display fireworks shall be ignited within 300 feet of any sales locations or temporary structures.
Each display of display fireworks to be held within the Township shall be:
Handled by a competent operator approved by the Township; and
Of a character and so located, discharged or fired as, in the opinion of a person designated by the Township, after proper inspection, to not be hazardous to property or endanger any person. After permission is granted under this section by the Township, possession and use of display fireworks shall be lawful for that purpose only. A permit shall be transferable only with permission of the Township.
Application for permits shall be made in writing to the Township at least 90 days in advance of the date of the display fireworks, setting forth the proposed location of the display fireworks, the character thereof, name and address of operator, and the name and address of the owner or owners of the grounds on which the display fireworks are to be held, with the consent of such owner or owners thereto in writing attached. All applicants shall pay the Township a fee in accordance with the Schedule of Fees set forth by the Board of Supervisors before issuance of a permit, and provide proof of liability insurance.
If by reason of unfavorable weather the display fireworks for which a permit has been granted does not take place at the time so authorized, the person to whom such permit was issued may apply to the Township, setting forth under oath the fact that such display fireworks was not made, giving the reason therefor, and requesting a continuance of such permit for a day designed therein, not later than one week after the day fixed originally in said permit. Upon receiving such application for continuance the Township, if it believes the facts stated therein are true, shall extend the provisions of said permit to the day fixed in said application, not later than one week after the original day designed in the permit, and such extension of time shall be granted without the payment of any additional fee and without requiring any bond other than the one given for the original permit, the provisions of which shall extend to and cover all the damages which may be caused by reason of said display fireworks taking place at such extended date in the same manner and to the same extent as if such display fireworks had taken place at the date originally fixed in the permit.
Any person, partnership, association or corporation violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall pay a fine not to exceed $100 per violation and/or by imprisonment not to exceed 90 days.