[HISTORY: Adopted by the Board of Commissioners of the Township
of Pocono 6-15-2015 by Ord. No.
2015-08. Amendments noted where applicable.]
The following terms shall have the meanings ascribed unless
a contrary meaning is expressly set forth in the text.
The ignition, launching or detonation of fireworks.
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of Class B or
Class C explosive or 1.3G/1.4G fireworks as set forth herein.
[Amended 6-30-2015 by Ord. No. 2015-09]
FIREWORKS 1.3GLarge fireworks devices which are explosive material intended for use in fireworks displays and designed to produce audible or visible effect by combustion, deflagration or detonation. Such 1.3G fireworks include, but are not limited to, firecrackers that contain more than 130 milligrams of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition and other display pieces which exceed the limit for classification as 1AG fireworks. The United States DOT also describes such 1.3G fireworks as "Fireworks, UN0335."
FIREWORKS 1.4GSmall fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion. Such 1.4G fireworks which comply with the construction, chemical composition and labeling regulations of the United States DOT for Fireworks, UN0336 and the United States Consumer Product Safety Commission, as set forth in the CPSC 16 CFR Parts 1500 and 1507, are not explosive material for the purpose of this chapter.
CONSUMER FIREWORKS
[Added 11-19-2018 by Ord.
No. 2018-20]
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 the Township.
The term does not include devices as "ground and hand-held 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 the Township.
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.
[Added 11-19-2018 by Ord.
No. 2018-20]
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 has and is dedicated to the storage and sale of consumer
fireworks and related items. This term includes temporary retail sales,
stands, tents, canopies and membrane structures meeting the specifications
of NFPA 1124. This term shall not include a facility that is not licensed
to all consumer fireworks under this chapter.
[Added 11-19-2018 by Ord.
No. 2018-20]
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 Pocono unless a permit therefor is first
granted by the Board of Commissioners, as hereinafter provided.
Every such fireworks display within the limits of said Township
shall be handled by a state-licensed operator, and which display shall
be of such character and so located, discharged or fired as in the
opinion of the Board of Commissioners, or its duly authorized representative,
after proper inspection, shall not be hazardous to property or endanger
any person or persons.
A.
Application for permits shall be made in writing to the Township
Manager at least 30 days in advance of the date of the fireworks display,
unless said time period is reduced or waived by the Board of Commissioners
in its sole discretion. The application shall set forth the proposed
location of the fireworks display, the character thereof, name and
address of the operator, and the name and address of the owner or
owners of the grounds on which the fireworks display is to be held,
with the consent of such owner or owners thereto in writing attached.
B.
In addition to all other application requirements set forth herein,
permit applications for fireworks 1.3G shall also include a copy of
the operator's license issued by the Bureau of Alcohol, Tobacco, Firearms
and Explosives and a copy of the operator's annual registration with
the Attorney General of the Commonwealth of Pennsylvania.
[Added 6-30-2015 by Ord.
No. 2015-09]
C.
In addition to all other application requirements set forth herein,
permit applications for fireworks 1.4G shall also include a copy of
the operator's annual registration with the Attorney General of the
Commonwealth of Pennsylvania.
[Added 6-30-2015 by Ord.
No. 2015-09]
D.
All applicants shall pay the Township a sum as set from time to time
by resolution of the Board of Commissioners before issuance of a permit,
and provide a certificate of liability insurance in an amount not
less than $1,000,000, naming the Township as an additional insured.
E.
If the application does not conform to the requirements of all pertinent
statutes, ordinances and regulations, the Board of Commissioners shall
reject the application and, in writing, state the reasons therefor.
If the Board of Commissioners is satisfied that the proposed fireworks
display conforms to the requirements of this chapter, and all laws
and regulations applicable thereto, the Board of Commissioners shall
issue a permit listing any conditions attached by the Board of Commissioners.
A.
If and after such permit shall have been granted by the Board of
Commissioners, or its designee, possession, sale, use and distribution
of fireworks for such display shall be lawful for that purpose only.
B.
No permit granted hereunder shall be transferable.
C.
The Board of Commissioners may attach to the permit any conditions
deemed necessary and appropriate by the Board of Commissioners to
address safety concerns.
The permittee shall:
[Amended 6-30-2015 by Ord. No. 2015-09]
The Board of Commissioners shall require a bond, deemed adequate
by it, given by the permittee in an amount deemed appropriate by the
Board of Commissioners, but not in a sum less than $100,000 for fireworks
1.3G and $1,000 for fireworks 1.4G, conditioned for the payment of
all damages caused to any person or persons and to any property by
reason of the licensed display and arising from any acts of the licensee,
his or its agents, employees or subcontractors, which bond shall be
filed with the Township Manager before any permit for a supervised
public display of fireworks is delivered.
A.
After notice to the permittee and an opportunity to be heard (within
five days of the date of the notice), the Board of Commissioners may
revoke a permit or approval issued under the provisions of this chapter
in the case of any false statement or misrepresentation of fact in
the application, or failure of the applicant to comply with the provisions
of this chapter, or any other applicable statute or regulation.
C.
In the event that a permit or application has been denied, suspended
or revoked, no part of the application/permit fee shall be refunded.
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 within seven days apply to the Township Manager,
setting forth under oath the fact that such display was not made,
giving the reason therefor, and requesting a continuance of such permit
for a day designated therein, not later than one week after the day
fixed originally in said permit. Upon receiving such application for
a continuance, the Township Manager, if he 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 designated 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 damages which may be caused
by reason of said display taking place at such 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.
Unfired fireworks and trash remaining after the conclusion of
the fireworks display for which the permit was issued shall be immediately
disposed of by the permittee in an approved, safe manner.
[Added 11-19-2018 by Ord.
No. 2018-20[1]]
A.
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.
B.
Prohibitions. A person shall not intentionally ignite or discharge:
(1)
Consumer fireworks on public or private property without the express
permission of the owner.
(2)
Consumer fireworks or sparkling devices within or throw Consumer
Fireworks from a motor vehicle or building.
(3)
Consumer fireworks or sparkling devices into or at a motor vehicle
or building or another person.
(4)
Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance or another drug.
(5)
Consumer fireworks within 150 feet of an occupied structure.
(6)
Consumer fireworks cannot be ignited or discharged in the Township,
except during the following holidays, dates and times:
(7)
Consumer fireworks and sparkling devices during any "burn ban" imposed
by the Township Fire Chief or the Township Manager. It shall be the
responsibility of each person to determine whether a "burn ban" is
in effect prior to igniting or discharging the consumer fireworks.
[Added 11-19-2018 by Ord.
No. 2018-20]
A.
Consumer fireworks shall only be sold 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 shall be permitted by appropriately rated fire
separation.
(4)
The facility shall be located no closer than 250 feet from a facility
selling or dispensing gasoline, propane, or other flammable products.
(5)
The facility shall be located at least 1,500 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 pre-planning meetings shall be conducted
as required by the Township Fire Department.
B.
Conditions for facilities. In addition to the requirements contained
in Act 43 of 2017, the facility shall operate in accordance with the
following additional rules:
(1)
All facilities selling Consumer Fireworks shall comply with all applicable
requirements of the Pennsylvania Uniform Construction Code which has
been adopted by the Township.
(2)
All facilities must obtain a certificate of occupancy from the Township.
(3)
Upon request from the Township Fire Chief, Zoning Officer or Code
Enforcement Officer, the owner or operator of the facility shall provide
written documentation of the total inventory of the facility, which
documentation shall contain the amount of pyrotechnic material of
all Consumer Fireworks at the facility at that time.
(4)
All facilities, including temporary sales facilities as set forth in § 200-12C below, selling consumer fireworks shall post, in a prominent location, a placard, provided by Township, advising customers of those dates when fireworks are permitted to be discharged within the Township.
[Added 11-2-2020 by Ord.
No. 2020-08]
C.
Temporary sales facilities.
(1)
Conditions. Notwithstanding § 200-12 or any other provision of law, a temporary structure may be licensed by the Department of Agriculture to sell consumer fireworks if the temporary structure meets all of the following requirements:
(a)
The owner or operator of the temporary structure has applied
for and received a permit from Pocono Township.
(b)
The temporary structure is located no closer than 250 feet from
a facility storing, selling or dispensing gasoline, propane or other
flammable products.
(c)
An evacuation plan is posted in a conspicuous location for a
temporary structure in accordance with NFPA 1124.
(d)
The outdoor storage unit, if any, is separated from the wholesale
or retail sales area to which a purchaser may be admitted by appropriately
rated fire separation.
(e)
The temporary structure complies with NFPA 1124 as it relates
to retail sales of Consumer Fireworks in temporary structures.
(f)
The temporary structure is located one of the following distances
from a permanent facility licensed to sell Consumer Fireworks under
the act of May 15, 1939 (P.L. 134, No. 65), referred to as the Fireworks
Law, at the time of the effective date of this article:
(g)
The temporary structure does not exceed 2,500 square feet.
(h)
The temporary structure is secured at all times during which
Consumer Fireworks are displayed within the structure.
(i)
The temporary structure has a minimum of $2,000,000 in public
and product liability insurance.
(j)
The sales period is limited to June 15 through July 8 and December
21 through January 2 of each year.
(k)
Consumer fireworks not on display for retail sale are stored
in an outdoor storage unit.
[Amended 11-2-2020 by Ord. No. 2020-08]
A.
This chapter shall be enforced by the Pocono Township Police Department
or the Township Zoning Officer.
B.
Any person, copartnership, association or corporation who violates § 200-12B(4) shall, for a first offense, be issued a warning. Any subsequent violation of § 200-12B(4) shall be subject to the penalty set forth in § 200-13C below.
