[Ord. 418, 1/29/2014; as amended by Ord. No. 515, 8/8/2023]
1.
This Part
shall be known and may be cited as the "Fireworks Ordinance."
[Ord. 418, 1/29/2014; as amended by Ord. No. 515, 8/8/2023]
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 Fireworks Law, 3 Pa.C.S.A. § 1101 et seq.; the provisions of the International Fire Code, 2018 edition, as amended and adopted by the Township, supplemented or replaced; and implemented by the Uniform Construction Code (Chapter 5, Part 1).
2.
Permit Required. A permit shall be obtained from the Township for the display or discharge of display fireworks and for the sale of consumer fireworks in compliance with the provisions of the Fireworks Law, 3 Pa.C.S.A. § 1101 et seq., and the International Fire Code, 2018 edition, as amended, supplemented or replaced; and implemented by the Uniform Construction Code (Chapter 5, Part 1).
3.
Permit Applications. Application for permits shall be made in writing
at least 15 days in advance of the date of the display or sale. Application
for display permits shall be made pursuant to the procedure provided
in the International Fire Prevention Code, 2015 edition, as amended,
supplemented, or replaced. Application for a permit to sell consumer
fireworks shall be made pursuant to the Township's Fireworks
Ordinance. The possession, use and distribution of fireworks for such
display shall be lawful under the terms and conditions approved with
the permits 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.
ANIMAL HOUSING FACILITY
APA 87-1
CONSUMER FIREWORKS
DISPLAY FIREWORKS
FIREWORKS FACILITY
FIREWORKS LAW
MUNICIPALITY
NFPA 1124
NOVELTIES
TAX REFORM CODE
VEHICLE
Definitions. The following words and phrases as used in this Part
shall have the following meanings, unless the context clearly indicates
a different meaning:
A roofed structure or facility, or a portion of the facility,
used for occupation by livestock or poultry.
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 Edition.
See "Consumer Products Safety Commission" in Title 16, CFR
(relating to commercial practices), or any successor regulation and
the American Pyrotechnics Association (APA) Standard 87-1, or any
successor standard.
See 27 CFR 555.11 and 49 CFR 172.101.
A facility licensed by the Department of Agriculture exclusively
dedicated to the storage and sale of consumer fireworks and related
items, and the facility shall operate in accordance with the specific
rules set forth in Section 1107 of Act 74 of 2022, the Pennsylvania
Fireworks Law.[1]
3 Pa.C.S.A. § 1101 et seq., or, alternatively,
Act 74 of 2022.
Township of North Fayette.
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation, Storage and Retail Sales of Fireworks
and Pyrotechnic Articles, 2006 edition.
A device containing small amounts of pyrotechnic and/or explosive
composition, producing limited visible or audible effects. Must comply
with Act 204 of 2004 and APA Standard 87-1. Regulated by the Pennsylvania
State Police Fire Marshal.
The Act of March 4, 1971 (P.L. 6, No. 2), known as the "Tax
Reform Code of 1971."[2]
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheelchair, or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
[Ord. 418, 1/29/2014; as amended by Ord. No. 515, 8/8/2023]
1.
Display Fireworks.
A.
Prohibition. No display fireworks shall be ignited within 300 feet
of a facility that sells consumer fireworks.
B.
Permit. Permission shall be given by the Township pursuant to its
special event permit for displays of display fireworks to be held
within the municipality. After permission is granted, purchase, possession
and use of display fireworks shall be lawful for the use outlined
in the permit only. Permits shall not be transferable.
C.
Limitations. Each use of display fireworks shall be:
(1)
Handled by a competent operator at least 21 years of age who
demonstrates evidence of fireworks handling and safety training;
(2)
Of a character and so located, discharged, or fired as, in the
opinion of the Fire Chief of the Township, after proper inspection,
to not be hazardous to property or endanger any person.
2.
Use of Consumer Fireworks.
A.
Conditions. A person who is at least 18 years of age may purchase,
possess, and use consumer fireworks.
B.
Prohibitions. A person may not intentionally use consumer fireworks:
(1)
On private property or on public property, including, but not
limited to, streets, parking lots, sidewalks, and parks, without the
express permission of the owner or entity that controls the property.
(2)
Within, directed at or directed from a vehicle or building.
(3)
Directed at another person.
(4)
While the person is under the influence of alcohol, a controlled
substance, or another drug.
(5)
Within 150 feet of a building or vehicle, whether the building
or vehicle is owned by the user of the consumer fireworks.
C.
No person may use consumer fireworks within 150 feet of an animal
housing facility or a fenced area designed to confine livestock owned
or managed by another person. If a person uses consumer fireworks
at a distance of 150 feet to 300 feet from an animal housing facility
or fenced area designed to confine livestock owned or managed by another
person, the user of consumer fireworks shall notify, in writing, the
owner or manager of the livestock at least 72 hours in advance of
the use that consumer fireworks will be used in the area.
3.
Regulations by Municipality.
A.
Except for the limitations under Subsection 2B, "Prohibitions," the Township may, at its sole discretion, enact conditions, prohibitions and limitations on the use and sale of consumer fireworks that are not in conflict with this chapter.
B.
Should the Township determine that the use of consumer fireworks
cannot be carried out within the Township in compliance with this
Part, it may in its sole discretion prohibit the use of consumer fireworks.
C.
Facilities with a valid license issued by the Township prior to or
within one year following the effective date of this section shall
not be subject to the Townships conditions, prohibitions or limitations
related to the sale of consumer fireworks.
D.
Times and dates wherein consumer and display fireworks may be discharged
are regulated by state law.
4.
Sales Locations.
A.
Consumer fireworks shall be sold only from facilities which are licensed
by the Department of Agriculture and that meet the following criteria:
(2)
The facility shall be a stand-alone, permanent structure.
(3)
Storage areas shall be separated from wholesale or retail sales
areas to which a purchaser may be admitted by appropriately rated
fire separation.
(4)
The facility shall be located no closer than 300 feet from a
facility selling or dispensing gasoline, propane, or other flammable
products.
(5)
The facility shall be located at least 2,500 feet from another
facility licensed to sell consumer fireworks.
(6)
The facility shall have a monitored burglar and fire alarm system.
(7)
Quarterly fire drills and preplanning meetings shall be conducted
as required by the primary fire department.
(8)
The facility shall comply with the requirements of NFPA 1124.
(9)
The sale of consumer fireworks may be conducted through online,
mail-order, or other transaction, but delivery of consumer fireworks
to a purchaser shall take place at a facility licensed under this
Code of Ordinances and the sale shall be subject to consumer fireworks
taxes under the Fireworks Law.
B.
Condition of Fireworks Facilities. The conditions required of a fireworks
facility shall be governed by the Fireworks Law.
C.
Licensing. All licensing, and licensing-related, issues including,
but not limited to, fees, applications, prelicensing inspection, refusals,
suspensions, and revocation, for the sale of consumer fireworks in
the Township shall be governed by the Fireworks Law.
D.
Permit. Prior to selling consumer fireworks within the Township,
the merchant or vendor seeking to sell such fireworks must receive
a permit from the Township, which will require, but will not be limited
to, providing the Township with proof of a license to sell consumer
fireworks issued by the Department of Agriculture and providing an
attestation of compliance with the requisite requirements set out
in this subsection.
[Added by Ord. No. 515, 8/8/2023]
1.
A person using consumer fireworks in violation of the Township's
Code of Ordinances in the first instance commits a summary offense
and, upon conviction, shall, in addition to any other penalty authorized
by law, be punishable by a fine of not more than $500. A subsequent
offense under this subsection committed within three years of a prior
conviction under this subsection shall constitute a summary offense
and, upon conviction, shall, in addition to any other penalty authorized
by law, be punishable by a fine of not more than $1,000.
2.
A person selling consumer fireworks in violation of the provisions
of the Township's Code of Ordinances for the first offense commits
a misdemeanor of the second degree and, upon conviction, shall, in
addition to any other penalty authorized by law, be punishable by
a fine of not less than $10,000. A subsequent offense under this subsection
committed within three years of a prior conviction under this subsection
shall constitute a misdemeanor of the second degree and, upon conviction,
in addition to any other penalty authorized by law, shall be punishable
by a fine of not less than $15,000 and a revocation of any permit
issued under the Township's Special Event Permit Ordinance.[1]
3.
A person selling or using display fireworks in violation of the provisions
of the Township's Code of Ordinances for the first offense commits
a felony of the third degree and, upon conviction, shall, in addition
to any other penalty authorized by law, be punishable by a fine of
not less than $10,000. A subsequent offense under this subsection
committed within three years of a prior conviction under this subsection
shall constitute a felony of the third degree and, upon conviction,
shall, in addition to any other penalty authorized by law, be punishable
by a fine of not less than $15,000.
4.
A person selling federally illegal explosives such as devices as
described in 49 CFR 173.54 (relating to forbidden explosives) or those
devices that have not been tested, approved and labeled by the United
States Department of Transportation, including, but not limited to,
those devices commonly referred to as M-80, M-100, blockbuster, cherry
bomb or quarter-stick or half-stick explosive devices, in violation
of the provisions of this chapter for the first offense commits a
felony of the third degree and, upon conviction, shall, in addition
to any other penalty authorized by law, be punishable by a fine of
not less than $10,000. A subsequent offense under this subsection
committed within three years of a prior conviction under this subsection
shall constitute a felony of the third degree and, upon conviction,
shall, in addition to any other penalty authorized by law, be punishable
by a fine of not less than $15,000.
5.
Removal, Storage, and Destruction.
A.
The Pennsylvania State Police, a Township police officer, a sheriff
or a deputy or a member of a Pennsylvania Bomb Squad shall take, 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, used, stored, or held in violation of the Township's
Code of Ordinances. The owner shall also be responsible for the storage
and, if deemed necessary, the destruction of the seized fireworks.
B.
A member of the Pennsylvania Bomb Squad shall attempt to recover any costs associated with the removal, storage or destruction of consumer fireworks, display fireworks or combustibles under Subsection 5A from the owner of the fireworks. Reimbursement under Subsection 5C shall only be available when the costs under Subsection 5B cannot be recovered.
