(A) Unlawful to use display fireworks without a permit. It shall be unlawful for any person, firm, corporation, partnership, association, entity, or other organization or group to use and/or hold public displays of display fireworks within the limits of Bedminster Township, unless a permit is first granted by the township.
(B) Compliance with state and federal statutes and regulations. The applicant for a permit to use display fireworks within Bedminster Township must comply with and abide by any and all federal, state, and local statutes, ordinances, rules, and regulations governing the use, storage, and display of fireworks, including but not limited to the International Fire Code and 35 P.S. §§ 1271 et seq., as amended. All such federal, state, and local statutes, ordinances, rules, and regulations are incorporated herein by reference. All regulations relating to the display of fireworks under the International Fire Code and/or Uniform Construction Code are also incorporated herein by reference. In the event of an inconsistency between the aforementioned federal, state, and local statutes, ordinances, rules, and regulations and this chapter, the more stringent regulation shall apply. The applicant must further receive any and all requisite federal, state, and local permits and/or licenses relating to the proposed fireworks display.
(C) Competent operator and safe display location. Every such display fireworks display within the limits of the township shall be handled, arranged, managed, and directly supervised by a competent operator at least 21 years of age who demonstrates evidence of fireworks handling and safety training. Every such fireworks use and display within the township shall be of such a character and so located, discharged, or fired, as not to be hazardous to property or endanger any person or persons in the opinion of the Board of Supervisors, or its duly authorized representative. The township Fire Chief and Fire Code Official, or other such officer as may be designated by the township, shall inspect the site where the fireworks are to be used and displayed prior to the issuance of a permit in accordance with the International Fire Code and other applicable regulations and ensure that the site and proposed fireworks display are compliant with said regulations. No permit for the use of fireworks shall be issued until the township Fire Chief, or other such officer as may be designated by the township, determines that the requested permit may be granted after inspecting the location for the requested display.
(D) Display fireworks permit.
(1) A display fireworks permit application shall be made in writing to the township at least 45 days in advance of the date of the proposed use and display; shall set forth the proposed date, time, and location of the use and display; the character and duration thereof; the name and address of the fireworks operator; and the name and address of the owner or owners of the grounds on which the use and display is to be held; and shall include the written consent of such owner or owners thereto and a copy of any permit application required by the International Fire Code. The permit application shall also contain copies of any and all federal, state, and/or local permits and/or licenses needed for the use and display of the proposed fireworks. All applicants shall pay the township the permit fee identified in the township fee schedule before the issuance of a permit and shall further provide proof of liability insurance, acceptable to the township. The township may attach such conditions and/or restrictions on any permit for the use and display of fireworks as it determines are needed to protect the public’s health, safety, and welfare.
(2) If and after such permit is granted by the township, the possession, use and display of fireworks for the approved display shall be lawful for that purpose, date, and time only. No permit granted hereunder shall be transferable.
(3) No display fireworks permit shall be issued to an individual under the age of 21 years.
(E) Liability insurance. All applicants shall submit proof of liability insurance in an amount no less than $1,000,000, and such policy shall name the township, its employees, and its elected and appointed officials as additional insureds. The liability insurance shall be in a form acceptable to the township and shall reviewed and approved by the township before issuance of any permit.
(F) Continuance. If by reason of unfavorable weather the fireworks display for which a permit has been granted does not take place at the time so authorized, the person to whom such permit was issued may within 24 hours apply to the township, and set forth under oath the fact that such use and display was not made, the reason the use and display did not take place, and a request for a continuance of such permit for a day designated therein. The continuance date shall be no later than seven calendar days after the day fixed originally in said permit. Upon receiving such application for a continuance, the township, if it believes the facts stated therein are true, may extend the provisions of said permit to the day fixed in said application, no later than seven days 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, provided that the provisions of the original bond extend to and cover all damages which may be caused by reason of said use and display taking place at such extended date in the same manner and to the same extent as if such use and display had taken place at the date originally fixed in the permit.
(Ord. 260, passed 10-11-2023)