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 87-1. The American Pyrotechnics Association Standard 87-1: Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 200 I 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.
(2) The term does not include sparkling devices.
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 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 materials for classification as consumer fireworks and are classified as fireworks UN0333, UN0334 or UN0335 under 49 CFR 172.10 I (relating to purpose and use of hazardous materials table).
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 specifications of NFPA 1124.
OWNER. Any person who alone, jointly or severally with others, shall have legal title to any structure or premises with or without accompanying actual possession thereof and shall include the duly authorized agent or attorney, purchaser, devisee, fiduciary and any person having a vested or contingent interest in the premises in question.
PERSON. Includes a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as individuals. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the, word “person” appears in any Section of this Part prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such Section.
PROFESSIONAL PYROTECHNICIAN. A person who has participated in at least five display fireworks events and holds (1) a competency certification from a national organization providing training and or testing for display fireworks operation or (2) a license from any state to operate display fireworks.
SPARKLING DEVICES. Devices such as “ground and hand-held sparkling devices,” “novelties” or “toy caps” in APA 87-1 or any successor standard.
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 this Part.
TOWNSHIP. Hanover Township, Lehigh County, Pennsylvania.
(Ord. 599, 10/17/2018)