[HISTORY: Adopted by the Borough Council of the Borough of
West Conshohocken 11-9-2022 by Ord. No. 2022-04, approved 11-9-2022.
Amendments noted where applicable.]
It is the intent of the Council for the Borough of West Conshohocken
to protect the health, safety and welfare of the general public through
limiting the use of fireworks. It is the intent of the Council for
the Borough of West Conshohocken that this chapter will be in accordance
with and supplemental to Act 43 of 2017[1] by the Pennsylvania State Legislature.
[1]
Editor's Note: See now 3 Pa.C.S.A. Ch. 11.
As used in this chapter, the following terms shall have the
meaning indicated:
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, including but not limited to Sections 3.1 and 3.5, or any successor
standard. The term does not include devices such as "ground and handheld
sparkling devices" as defined in APA Standard 87-1, Section 3.1.1,
"novelties" as defined in APA Standard 87-1, Section 3.2. or "toy
caps" as defined in APA Standard 87-1, Section 3.3.
Defined as more fully set forth in 27 CFR 555.11 (meaning
of terms), which is incorporated herein by reference which meets the
types of display fireworks devices set forth in the APA Standard 87-1,
Section 4.1 which comply with requirements for display fireworks set
forth in APA Standard 87-1.
Any combustible or explosive composition or any substance
or combination of substances or articles prepared for the purpose
of producing a visible or an audible effect by combustion, explosion,
deflagration or detonation.
Any person, firm or corporation who or which shall violate or
fail to comply with any of the provisions of this chapter shall, upon
conviction, be sentenced to pay a fine of not more than $1,000 and
costs of prosecution.
This chapter is enacted under the authority of the Act of the
General Assembly of the Commonwealth of Pennsylvania of May 1, 1933,
P.L. 1161, as amended by the Act of July 10, 1947, P.L. 1481, and
of the Act of the General Assembly of May 15, 1939, as amended by
the Act of June 24, 1959, P.L. 486.
The use of display fireworks shall be subject to the following:
A.
Permit required; nontransferability; term. It shall be unlawful for
any person, group of persons, fair association, amusement park, municipality
or other organization to publicly display or cause to be displayed
fireworks without first obtaining a permit for the supervised public
display of fireworks from the Borough Fire Marshal, who shall grant
or deny such permit in accordance with the regulations hereinafter
provided. No permit granted hereunder shall be transferable. Every
such permit issued will be valid for the period of seven days following
the date of issue, whereafter such permit shall be null and void.
B.
Application for permit. Applications for permits shall be made to
the Borough, in writing, at least 30 days in advance of the date of
the display. Applications shall be made available through the Borough
Code Enforcement Office.
C.
Permit fee. For every such permit for the supervised public display
of fireworks granted under this chapter, there shall be paid to the
Borough a fee in the amount set by resolution of the Council for the
Borough of West Conshohocken.
D.
Bond and insurance. Any permittee under this chapter shall be required
to post a bond in the amount of $50,000 conditioned for the payment
of all damages which may be caused either to a person or persons or
to property, real or personal, by reason of the permitted display
and arising from any acts of the permittee or his agent, employee
or subcontractor. In addition, the permittee shall be required to
obtain an insurance policy with liability coverage of $1,000,000 and
shall be required to add West Conshohocken Borough as an additional
insured.
E.
Standards and conditions. No permit for the supervised public display
of fireworks shall be granted by the Fire Marshal unless the following
regulations have been complied with such that, in the opinion of the
Fire Marshal after inspection, the proposed display will not be hazardous
to any property within the Borough or endanger any person or persons
therein:
(1)
Every such display shall be supervised by a person competent and
experienced in the supervision of such public displays of fireworks.
(2)
The actual point at which the fireworks are to be discharged shall
be at least 150 feet from the nearest permanent building, public street
or railroad or other means of travel and at least 100 feet from the
nearest aboveground telephone or telegraph line, tree or overhead
obstruction.
(3)
No display fireworks shall be discharged at any point in the Borough
within 600 feet of any hospital, asylum or infirmary.
(4)
The audience at any supervised public display of fireworks shall
be restrained behind lines at least 100 feet from the point at which
the fireworks are to be discharged, and only the person in charge
of the display and his assistants are to be allowed within the lines.
(5)
All fireworks that fire projectiles shall be erected in such a manner
that the projectiles will go into the air as nearly as possible at
an angle of not more than 15° from the vertical and shall be directed
away from the position of the spectators.
(6)
Fireworks unfired shall, immediately following the display, be disposed
of in any manner safe for those particular types of fireworks.
(7)
The use of display fireworks shall be strictly prohibited within
any closed structure or any building or tent.
A.
Any person purchasing, possessing or using consumer fireworks must
be at least 18 years of age. A person may 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 from, a
motor vehicle or building.
(3)
Consumer fireworks or sparkling devices into or at a motor vehicle,
building or person.
(4)
Consumer fireworks or sparkling devices while the person is under
the influence of alcohol, a controlled substance or another drug.
(5)
No person may ignite or discharge M-80s, M-100s, blockbusters or
cherry bombs.
(6)
Consumer fireworks within 150 feet of an occupied or unoccupied structure.
(7)
Consumer fireworks after 10:00 p.m. with the exception that consumer
fireworks may be discharged on the Fourth of July until 11:00 p.m.
and New Year's Eve fireworks may be discharged until 12:30 a.m.
on New Year's Day.
(8)
No person may ignite or discharge consumer fireworks more than one
day per week.
(9)
No property may be utilized to ignite or discharge consumer fireworks
more than one day per week.
(10)
The use of consumer fireworks shall be strictly prohibited within
any closed structure or any building or tent.
