[HISTORY: Adopted by the Board of Supervisors of the Township
of East Brandywine 4-18-2019 by Ord. No. 02-2019. Amendments noted where applicable.]
A.Â
The chapter is adopted pursuant to the authority granted under Pennsylvania's
fireworks regulations and laws as adopted and codified by the Pennsylvania
legislature at 72 P.S. §§ 9401 through 9416 (the "Pennsylvania
State Fireworks Law") and pursuant to the authority to regulate fireworks
as set forth in the Second Class Township Code at 53 P.S. § 66534.
This chapter is adopted with the intent to comply with the Pennsylvania
State Fireworks Law, as amended, and to properly regulate firework
use within the Township in order to protect the public health, safety
and welfare.
The following words and phrases when used in this chapter shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition, or any subsequent edition.
Shall be defined as provided in Section 2401 of Act 43 of
2017[1] as follows:
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.
The term does not include devices such as ground and handheld
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 throughout this Commonwealth.
Shall be defined as provided in Section 2401 of Act 43 of
2017 as follows:
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, the following:
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).
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic
Articles, 2006 edition, or any subsequent edition.
A structure, vehicle or place adapted for overnight accommodation
of persons or for conducting business whether or not a person is actually
present.
[1]
Editor's Note: See 72 P.S. § 9401 et seq.
B.Â
Sale and storage of consumer fireworks. The sale and storage of consumer
fireworks is licensed and regulated by the Pennsylvania Department
of Agriculture and required to comply with the Pennsylvania State
Fireworks Law. Any person who intends to sell or store consumer fireworks
within the Township shall provide proof of such licensure prior to
such use being conducted within the Township, in addition to compliance
with all other applicable Township ordinances and regulations.
A.Â
It shall be unlawful for any person, firm or corporation to possess
or use display fireworks within the limits of the Township unless
a permit is first granted by the Township.
B.Â
Holders of permits to possess and use display fireworks within the
Township shall comply with the Pennsylvania State Fireworks Law, as
amended, and any federal and state statutes and regulations governing
the use and storage of display fireworks, including, but not limited
to, the Uniform Construction Code (Act 45 of 1999, as amended) (the
"UCC") and the International Fire Code. In the event of any inconsistency
between the aforementioned state and federal laws and regulations,
and this chapter, the more stringent statutes and regulations shall
apply.
C.Â
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 chapter. If a UCC permit
is required, the applicant must present the valid UCC permit before
a display fireworks permit may be issued under this chapter.
A.Â
Permits are required to be issued by the Township prior to the use
of display fireworks. Application for permits shall be made in writing
at least 30 days in advance of the planned date of the use of display
fireworks together with the permit fee. Permit fees shall be as established
by resolution of the Board of Supervisors. 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 to protect the
public health, safety and welfare.
B.Â
Permits granted under this section shall be for the approved purpose,
date and time only, unless extended due to unfavorable weather.
C.Â
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.
D.Â
Permits for display fireworks may only be issued to persons age 21
or older.
E.Â
No display fireworks shall be ignited within 300 feet of a facility
selling or dispensing gasoline, propane, or other flammable products
or a permanent fireworks facility licensed by the Pennsylvania Department
of Agriculture.
F.Â
Each display firework shall be:
(1)Â
Handled, arranged, managed and directly supervised by a competent
operator with the proper authorization to handle, operate or store
display fireworks;
(2)Â
Inspected by the Fire Chief and/or Fire Marshal or other appropriate
officer designated by the Board of Supervisors, and after proper inspection,
deemed to not be hazardous to property or endanger any person prior
to the display occurring; and
(3)Â
After permission is granted under this section, possession and use
of display fireworks shall be lawful for that purpose only.
G.Â
License requirements. Any business entity which performs, provides
or supervises display fireworks for profit shall provide proof of
registration with the Pennsylvania Attorney General to the Township
as part of the permitting process.
H.Â
Display fireworks may be possessed and used by a person (age 21 or
older) holding a permit from the Township at the display covered by
the permit, or when used as authorized by a permit for any of the
following additional activities:
(1)Â
For agricultural purposes in connection with the raising of crops
and the protection of crops from bird and animal damage.
(2)Â
By railroads or other transportation agencies for signal purposes
or illumination.
(3)Â
In quarrying or for blasting or other industrial use.
(4)Â
In the sale or use of blank cartridges for a public show or theater.
(5)Â
For signal or ceremonial purposes in athletics or sports.
(6)Â
By military organizations or organizations composed of veterans of
the armed forces of the United States.
A.Â
Bond. The Township shall require a bond deemed adequate by the Board
from the permittee in a sum of not less than $50,000 conditioned on
the payment of all damages which may be caused to a person or property
by reason of the display fireworks and arising from an act of the
permittee or an agent, an employee or a subcontractor of the permittee.
The above bonding requirement may be increased in amount by the Board
of Supervisors.
B.Â
Extension of permit.
(1)Â
Authorization. If, because of unfavorable weather, the display fireworks
for which a permit has been granted does not occur at the time authorized
by the permit, the person to whom the permit was issued may within
24 hours apply, in writing, for a request for extension to the Township.
The requested continuance of the permit shall be not later than one
week after the date originally designated in the permit.
(2)Â
Conditions. The extension of time shall be granted without the payment
of an additional fee and without requiring a bond other than the bond
given for the original permit, the provisions of which shall extend
to and cover all damages which may be caused by reason of the display
occurring at the extended date and in the same manner and to the same
extent as if the display had occurred at the date originally designated
in the permit.
A.Â
Authorization. The Township may grant permits for the use of suitable
fireworks for agricultural purposes in connection with the raising
of crops and the protection of crops from bird and animal damage.
B.Â
Duration of permit. A permit under this section shall remain in effect
for the calendar year in which it was issued.
C.Â
Conditions. After a permit under this section has been granted, sales,
possession and use of fireworks of the type and for the purpose mentioned
in the permit shall be lawful for that purpose only.
A.Â
Any Township police officer is authorized to take, remove or cause
to be removed, at the expense of the owner, all stocks of consumer
fireworks, display fireworks or combustibles offered or exposed for
sale, stored or held in violation of this chapter. The owner shall
also be responsible for the storage and, if deemed necessary, the
destruction of these fireworks.
B.Â
Any Township police officer or the Township Fire Chief is authorized
to cease all fireworks activity when there is a determination that
there is imminent or immediate danger to any person(s) or any property,
buildings, structures or premises, take any steps necessary, within
the reasonable performance of their duties to extinguish, mitigate
and/or control any fireworks in order to preserve and protect the
life, health, welfare or safety of any person(s) and to preserve and
protect property, building structures or premises.
A.Â
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense, and shall be subject
to the payment of a fine of not less than $100 and not more than $1,000,
plus the costs of prosecution. In default of payment thereof, the
defendant may be sentenced to imprisonment in the county prison for
a term of not more than 30 days. Each section of this chapter violated
shall constitute a separate offense, and each day or portion thereof
in which a violation of this chapter is found to exist shall constitute
a separate offense, each of which violations shall be punishable by
a separate fine imposed by the District Justice of not less than $100
and not more than $1,000, plus the costs of prosecution, or upon default
of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days. All fines
and penalties collected for the violation of this chapter shall be
paid to the Township Treasurer.
B.Â
Prosecutions under this section may also take place under state law
consistent with the Pennsylvania State Fireworks Law.
