SECTION 5601  GENERAL
Delete Section 5601.1.3 and replace as follows:
   F-5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.
      Exceptions:
         1.   Storage and handling of fireworks as allowed in Section 5604 when approved by the fire department.
         2.   Manufacture, assembly and testing of fireworks as allowed in Section 5605 when approved by the fire department.
         3.   The use of fireworks for fireworks displays as allowed by Section 5608 when approved by the fire department.
         4.   The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks (consumer fireworks) where allowed by the Pennsylvania Fireworks (Act 43 of 2017) ("Act 43") and in accordance with this Chapter, provided that such fireworks and facilities comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100-185, as applicable for consumer fireworks. The use of consumer fireworks shall be in accordance with Sections F-5601.1.3.1 through F-5601.1.3.3 which are requirements of Act 43.
         5.   Sales locations for consumer fireworks licensed by the Commonwealth of Pennsylvania pursuant to Act 43.
      F-5601.1.3.1 Age of purchaser and user of consumer fireworks. Persons must be at least 18 years of age to purchase, possess or use consumer fireworks.
      F-5601.1.3.2 Prohibited locations. Consumer fireworks shall not be used on public or private property without written approval from the owner.
      F-5601.1.3.3 Distance from structures and hazards. Consumer fireworks shall not be used within 150 feet of an occupied structure or under trees or power lines.
Delete 5601.2 (Retain Sections 5601.2.1 through 5601.2.3) and replace as follows:
F-5601.2 Permits required. Permits for the use of explosives and fireworks displays shall be required as set forth in Sections F-105.7.1 and F-105.8 and regulated in accordance with this Section. Applications for the use of explosives for building demolitions shall be submitted at least 90 days in advance of the proposed date and for all other uses at least 21 days in advance. Applicants shall also follow the specific requirements of the various city departments charged with ensuring the safe demolition of buildings by explosives.
Delete Section 5601.2.4 (Retain 5601.2.4.1 and 5601.2.4.2) and replace as follows:
   F-5601.2.4 Financial responsibility. Before a permit is issued for the use of explosives, as required by Sections F-105.7.1 and F-5601.2, the applicant shall file with the City a corporate surety bond or a certificate of public liability and property damage insurance from an insurance company authorized to write such insurance in the Commonwealth of Pennsylvania. in an amount determined by the City, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement.
   All costs associated with the clean-up of dust and debris from demolition by explosives shall be borne by the contractor. All costs for cold weather provisions for demolition by explosives, including water additives, shall be borne by the contractor.
Add Section F-5601.2.5 as follows:
   F-5601.2.5 Use of explosives for other than building demolition. Persons desiring to use explosives for purposes other than the demolition of a building are required to comply with Items 1 and 2 that follow and other requirements of this Chapter.
      1.   An application for an "Operational Permit - Use of Explosives" shall be submitted to the Managing Director's Office, Fire Department, and Department of Licenses and Inspections at least 21 days in advance of the requested blasting date. The Police Department and the City Councilmember elected from the district in which the explosives are to be used shall be notified at least 21 days in advance of the blasting date.
      2.   If requested by the Managing Director's office or the City Councilmember, a community meeting shall be held to inform neighborhood residents of the proposed blasting date and the precautions that will be undertaken to assure the safety of residents and their property.
Delete Section 5605.1 and replace as follows:
F-5605.1 General. The assembly and testing of explosives, ammunition, blasting agents and fireworks shall comply with the requirements of this Section and NFPA 495 or NFPA 1124. Prior to issuance of a permit, approval shall be obtained from the police department for the use of explosives and blasting agents and from the fire department for the use of fireworks. The manufacture of explosives, blasting agents and fireworks is not permitted within the jurisdiction of the City of Philadelphia.
   Exceptions:
      1.   The hand loading of small arms ammunition prepared for personal use and not offered for resale.
      2.   The mixing and loading of blasting agents at blasting sites in accordance with NFPA 495.
      3.   The use of binary explosives or plosophoric materials in blasting or pyrotechnic special effects applications in accordance with NFPA 495 or NFPA 1126.
Delete Section 5608.2 and replace as follows:
F-5608.2 Permit application. Prior to the fire department's issuing a permit for a fireworks display, plans for the fireworks display, including inspections of the display site and demonstrations of the display operations, procedures to follow and actions to be taken in the event that a shell fails to ignite in, or discharge from, a mortar or fails to function over the fallout area or other malfunctions, shall be provided to the fire department for approval.
Applications for Assisted Operation Permits for fireworks and pyrotechnic displays shall be submitted at least 15 days in advance of the event. Prior to the issuance of a permit for fireworks displays, the applicant shall submit a diagram of the site, type and number of fireworks and/or pyrotechnic effects, qualifications of the operator and proof of insurance. Approval by the fire department is required for all fireworks and pyrotechnic displays. Launching racks shall be in accordance with requirements of the fire department.