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The following words, when used in this chapter, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
Code Official - the Code Official with regard to this chapter shall be the Fire Chief of Dover Township or his/her officially designated representative.
Discharge site - the immediate area surrounding the fireworks mortars used for an outdoor fireworks display.
Display site - the immediate area where a fireworks display is conducted. The display area includes the discharge site, fallout area and the required separation distance from the mortars to spectator viewing areas. The display area does not include spectator viewing areas or vehicle parking areas.
Fallout area - The area over which aerial shells are fired. The shells burst over the area, and unsafe debris and malfunctioning aerial shells fall into this area. The fallout area is the location where a typical aerial shell dud falls to the ground depending on the wind and the angle of mortar placement.
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.
Fireworks,1.3G - Large 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 lAG fireworks. The United States DOT also describes such 1.3G fireworks as “Fireworks, UN0335.”
Fireworks, 1.4G - Small 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 U.S. 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.
Fireworks, 1.4S - Any small fireworks devices that produce a visible or audible effect by combustion or deflagration and that meet the requirements of the Consumer Product Safety Commission for the quantity of internal composition, construction, size and labeling for sale to and use by the general public. They are typically classified as UN0336 Fireworks or 1-4S by the United States DOT and are typically referred to as “consumer fireworks.”
Fireworks display - A presentation of fireworks for a public or private gathering.
Highway - A public street or private street, public alley or public road.
Mortar - A tube from which fireworks shells are fired into the air.
NFPA 1123 - The National Fire Protection Association standard on Fireworks Displays, 2014 Edition (or subsequent edition).
NFPA 1126 - The National Fire Protection Association standard on the Use of Pyrotechnics before a Proximate Audience, 2011 Edition (or subsequent edition).
Novelty items - Novelty items are those materials commonly marketed and sold as fireworks to the general public. Novelty items shall include sparklers, smoke bombs, fountains, pinwheels or any other similar items.
Proximate audience - An audience closer to pyrotechnic devices than permitted by NFPA 1123, Fireworks Displays, 2014 Edition (or subsequent edition).
Pyrotechnic composition - A chemical mixture that produces visible light displays or sound through any propagating, heat-releasing chemical reaction which is initiated by ignition.
Pyrotechnic special effect - A visible or audible effect for entertainment created through the use of pyrotechnic materials and devices.
Pyrotechnic special-effect material - A chemical mixture used in the entertainment industry, to produce visible or audible effects by combustion, deflagration or detonation. Such a chemical mixture predominantly consists of solids capable of producing a controlled, self-sustaining and self-contained exothermic chemical reaction that results in heat, gas, sound, light or a combination of these effects. The chemical reaction functions without external oxygen.
(Ord. 2014-05, 8/25/2014)
1. The possession, manufacture, storage, handling, sale and use of fireworks are prohibited.
2. Exception. The possession, storage, handling and use of fireworks for the purpose of public or private pyrotechnic displays shall be permitted after the issuance of a special fireworks permit.
3. The Code Official and police officers of Northern York County Regional Police shall seize, take, remove, or cause to be removed at the expense of the owner all fireworks offered or exposed for display or sale, stored or possessed in violation of the provisions of this Part.
(Ord. 2014-05, 8/25/2014)
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 hold public or private displays of fireworks or pyrotechnic shows within the limits of Dover Township without securing a special fireworks permit granted by the Code Official.
(Ord. 2014-05, 8/25/2014)
1. Applications for a special fireworks permit shall be made in writing on forms provided by the Township at least 45 days in advance of the proposed date for aerial display. The fee for application shall be set by resolution of the Board of Supervisors, and paid at the time of application. The application fee is nonrefundable. Any permit is nontransferable. The final decision regarding the issuance or denial of the special fireworks permit shall be made within 15 days of application.
2. Prior to issuing permits for fireworks or pyrotechnic displays, plans for the display, inspections of the display site and demonstrations of the display operations shall be approved by the Code Official.
3. The Code Official is authorized to limit the quantity and/or type of fireworks or pyrotechnic materials permitted at any location.
4. Permit applications for outdoor fireworks displays using division 1.3G fireworks shall include a diagram of the location at which the display will be conducted, including the site from which the fireworks will be discharged, the location of all buildings, highways, overhead obstructions and utilities and the lines behind which the audience will be restrained.
5. Where the separation distances required by NFPA 1123 are unavailable or cannot be secured, only proximate audience displays conducted in accordance with NFPA 1126 shall be permitted. Applications for proximate audience displays shall include plans indicating the required clearances for spectators and combustibles, crowd-control measures, smoke-control measures and requirements for standby personnel and equipment when the Code Official requires provision of such personnel or equipment.
(Ord. 2014-05, 8/25/2014)
All applications shall include proof of insurance. Every applicant shall possess liability insurance in the amount of not less than $2,000,000. Such insurance policy shall name Dover Township and its agents as additional insured. An original copy of the certificate of insurance shall be received prior to the issuance of a special fireworks permit.
(Ord. 2014-05, 8/25/2014)
Approved displays shall include only the approved division 1-3G, division 1-4G, and division 1-4S fireworks, shall be handled by an approved operator, and the fireworks shall be arranged, located, discharged and fired in a manner that will not pose a hazard to property or endanger any person.
(Ord. 2014-05, 8/25/2014)
Every such aerial fireworks or pyrotechnic display shall be supervised and operated by a competent operator as licensed through the ATF also known as a Federal Explosive License. Each operator shall provide evidence of competency at the time of application for the special fireworks permit. The Code Official shall reserve the right to request additional information to support the credentials of any operator. Persons involved in fireworks displays or pyrotechnic special effect operations shall not be under the influence of alcohol or drugs which impair sensory or motor skills, shall be at least 21 years of age, and shall demonstrate knowledge of all safety precautions related to the storage, handling and use of fireworks.
(Ord. 2014-05, 8/25/2014)
1. The site chosen for the display of aerial fireworks as described in the application for the special fireworks permit shall be in accordance with the current edition of NFPA 1123, Standard for Display of Aerial Fireworks.
2. Spectators, spectator parking areas, fire and emergency response personnel and their vehicles, and dwellings, buildings or structures shall not be located within the display site, except this provision shall not apply to pyrotechnic special effects and displays using division 1-4G materials before a proximate audience in accordance with NFPA 1126. This provision shall not apply to unoccupied dwellings, buildings, or structures of Types I or II construction with the written consent of the building owner and the Code Official.
(Ord. 2014-05, 8/25/2014)
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