Township of Ross, PA Part 3 FIREWORKS DISPLAYS

§ 7-301 General Provisions.

[Ord. No. 2469, 9/20/2021[1]]

1. Scope. The manufacture of fireworks is prohibited within the Township. The display or discharge of consumer or display fireworks shall comply with the requirements of the Pennsylvania Fireworks Law, Act 43 of 2017,[2] which adopted House Bill No. 542 of 2017, amending the Tax Reform Code of 1971, 72 P.S. § 7101 et seq., and the provisions of the International Fire Code, 2006 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code [Chapter 5, Part 1].

[2] Editor's Note: The Fireworks Law, 35 P.S. § 1271 et seq., was repealed by 2017, Oct. 30, P.L. 672, No. 43, § 48(4), effective immediately.

2. Permit Required. A permit shall be obtained from the Township for the display or discharge of display fireworks in compliance with the provisions of the Fireworks Law, Act 43 of 2017,[3] and the International Fire Code, 2006 edition, as amended, supplemented or replaced, implemented by the Uniform Construction Code [Chapter 5, Part 1].

[3] Editor's Note: The Fireworks Law, 35 P.S. § 1271 et seq., was repealed by 2017, Oct. 30, P.L. 672, No. 43, § 48(4), effective immediately.

3. Permit Applications. Application for permits shall be made in writing at least 15 days in advance of the date of the display. Application for said permit shall be made pursuant to the procedure provided in the International Fire Prevention Code, 2006 edition, as amended, supplemented or replaced. The possession, use and distribution of fireworks for such display shall be lawful under the terms and conditions approved with the permit and for that purpose only. A permit granted hereunder shall not be transferable, nor shall any such permit be extended beyond the dates set out therein.

4. Definitions. As used in this Part, the following terms shall have the meanings indicated:

CONSUMER FIREWORKS

A. Any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that 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 which complies with the provisions for "consumer fireworks" as defined in the American Pyrotechnics Association (APA) Standard 87-1, or any successor standard, the sale, possession and use of which shall be permitted throughout this Township and this Commonwealth.

B. The term does not include devices as "ground and hand-held sparkling devices," "novelties" and "toy caps" in APA Standard 87-1, the sale, possession and use of which shall be permitted at all times throughout this Township.

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 UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose and use of hazardous materials table).

[1] Editor's Note: This ordinance also repealed former Part 3, Fireworks Displays, adopted by Ord. No. 2288, 4/12/2010.

§ 7-302 Display and Discharge.

[Ord. No. 2469, 9/20/2021]

1. General. It shall be a violation of this Part for any person to conduct a public or private display of display fireworks within the Township except in accordance with a permit issued upon application as provided in § 7-301, Subsection 3, of this Part. Every such display shall be handled by a competent operator and shall be of such a character and so located, discharged or fired as, in the opinion of the officer of the Township charged with enforcement of the International Fire Code, or such other officer of the Township as may be designated from time to time, in writing, after proper inspection, to not be hazardous to property or endanger any person or persons. After such privilege shall have been granted, possession and use of display fireworks for such display shall be lawful for that purpose only. No permit shall be transferable.

2. Bond for Display. The permittee shall furnish a bond in an amount deemed adequate by the Board of Commissioners but not less than $500, conditioned for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee, the permittee's agents, employees or subcontractors.

3. Seizure of Fireworks. Any police officer of the Township shall take, remove or cause to be removed at the expense of the owner, all stocks of display fireworks or combustibles offered or exposed for sale, stored, or held in violation of this Part or the Fireworks Law, Act 43 of 2017.[1] The owner shall also be responsible for the storage and, if deemed necessary, for the destruction of these fireworks.

[1] Editor's Note: The Fireworks Law, 35 P.S. § 1271 et seq., was repealed by 2017, Oct. 30, P.L. 672, No. 43, § 48(4), effective immediately.

§ 7-303 Penalties.

[Ord. No. 2469, 9/20/2021]

Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.