§ 92.35  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   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 construction, performance, composition and labeling requirements promulgated by the Consumer Protection Safety Commission in 16 C.F.R. (relating to commercial practices) or any successor regulation and complies with the provision 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 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 this Commonwealth.
   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 two grams or 130 milligrams of explosive.
      (2)   Aerial shells containing more than 60 grams of pyrotechnic composition; and
      (3)   Other display pieces that exceed the limits of explosive materials for classification as consume fireworks and are classified fireworks UN0333, UN0334 or UN0335 under 49 C.F.R. 172.101 (relating to purpose and use of hazardous materials table).
   LAW.  State Fireworks Law, Act 43 of 2017, Article 24 Fireworks.
   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 accommodations 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 specifications 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 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 this subchapter.
(Ord. 1580, passed 6-4-2018)