The following words and phrases when used in this Part shall have the meanings given to them in this Section unless the context clearly indicates otherwise:
APA 8701-The American Pyrotechnics Association Standard 87-a: Standard for Construction and Approval for Transportation of Fireworks, Novelties and Theatrical Pyrotechnics, 2001 edition or any subsequent edition.
Consumer Fireworks-
(1) 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.
(2) The term does not include devices such 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 in the Borough.
Display Fireworks-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:
(1) Salutes that contain more than 2 grains or 130 milligrams of explosive materials;
(2) Aerial shells containing more than 60 grams of pyrotechnic compositions; and
(3) Other display pieces that exceed the limits of explosive material 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).
Person-shall include any natural person, firm, partnership, trust, association, corporation, limited liability company, company or any other organization of any kind.
NFPA 1124-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.
Occupied Structure-A structure, vehicle or place adapted for overnight accommodation of persons or for conducting business whether or not a person is actually present.
Outdoor Storage Unit-A consumer fireworks building, trailer, semitrailer, metal shipping container or magazine meeting the specification of NFPA 1124.
Temporary Structure-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 less and is dedicated to the storage and sale of consumer fireworks and related items. The term includes temporary retail sales stands, tents, canopies and membrane structures meeting the specifications of NFPA 1124. The term shall not include a facility that is not licensed to sell consumer fireworks under Article XXIV of the Tax Reform Code.
(Ord. 448, 10/19/2019, §I)