Section
97.01 Short title
97.02 Definitions
97.03 Permit required
97.04 Requirements for display fireworks
97.05 Application procedures; fee
97.06 Display fireworks permit issuance; transferability
97.07 Notification for fire protection
97.08 Bond required
97.09 Denial, suspension and revocation of permit; approval
97.10 Permit continuance
97.11 Disposal of unfired fireworks
97.12 Consumer fireworks; conditions of use
97.13 Exemptions
97.99 Penalty
The following terms shall have the meanings ascribed unless a contrary meaning is expressly set forth in the text.
APA 87-1-THE AMERICAN PYROTECHNICS ASSOCIATION STANDARD 87-1. 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-l or any successor standard, the sale, possession and use of which shall be permitted throughout the borough.
(2) The term does not include devices as "ground and hand-held sparkling devices, "novelties" or "toy caps" in APA 87-l or any successor standard, the sale, possession, and use of which shall be permitted at all times throughout 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 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 CRF 172.101 (relating to purpose and use of hazardous materials table).
DISPLAY(S) OF FIREWORKS OR FIREWORKS DISPLAY. The ignition, launching or detonation of fireworks.
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 CONSUMER FIREWORKS or DISPLAY FIREWORKS as set forth herein.
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. Any manmade object having an ascertainable stationary location on, below or in land or water, whether or not affixed to the land, designed for, and constructed for living and/or sleeping purposes by any persons or for the raising and keeping of livestock, poultry, or insects for commercial or domestic purposes.
(Ord. 291-2022, passed 7-5-2022)
It shall be unlawful for any person, persons, firms or corporations, amusement parks, fair associations or other organizations or groups of individuals to utilize display fireworks within the limits of Tatamy Borough, Northampton County, Pennsylvania ("borough") unless exempt or a permit therefore is first granted by the borough, as hereinafter provided. All permits issued pursuant to this chapter shall be subject to compliance with Act 43 of 2017, Article XIV, Sections 940 l through 9416.
(Ord. 291-2022, passed 7-5-2022)
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