UniversalPyro
04-12-2011, 06:20 PM
Hi everyone! I went to my local township building and i asked if there was any firework ordinances and they said no. And when i asked if they gave out permits, they said no. So should i still download a permit and have them sign it for ATF record purposes or does it not matter they know about permit? I think i would be ok without it considering my ATF agent said that your word on when you shoot is good enough. Let me know.
Thumpjunkey
04-13-2011, 07:15 AM
PA State Law requires one.
Hi everyone! I went to my local township building and i asked if there was any firework ordinances and they said no. And when i asked if they gave out permits, they said no. So should i still download a permit and have them sign it for ATF record purposes or does it not matter they know about permit? I think i would be ok without it considering my ATF agent said that your word on when you shoot is good enough. Let me know.
Pyro Nation
04-13-2011, 05:24 PM
PA state law requires u to have a permit to buy fireworks and a $500 bond, U dont have to have a permit, if they dont offer one, but atleast a letter stating they recognize a show, I have the same thing in a area i DO a show here in PA. No ordinance, doesnt offer permit, but gave a letter stating they recognize the show and the $500 bond
UniversalPyro
04-13-2011, 07:26 PM
PA state law requires u to have a permit to buy fireworks and a $500 bond, U dont have to have a permit, if they dont offer one, but atleast a letter stating they recognize a show, I have the same thing in a area i DO a show here in PA. No ordinance, doesnt offer permit, but gave a letter stating they recognize the show and the $500 bond
ya i offered to bring in a permit sheet and they said that is a good idea and they will sign it. What exactly is the 500 bond?
jknepp1954
04-13-2011, 11:12 PM
It is when you give them a check for $500, they dont cash it only if something happens in terms of damage caused from the show. If no damage occurs they give u the check back
I guess i trained you well - grasshopper! LOL
BTW - most fireworks companies here in Pa that has a website also has a permit form on it somewhere that you can download.
Thumpjunkey
04-14-2011, 08:16 AM
PA state law requires u to have a permit to buy fireworks and a $500 bond, U dont have to have a permit, if they dont offer one, but atleast a letter stating they recognize a show, I have the same thing in a area i DO a show here in PA. No ordinance, doesnt offer permit, but gave a letter stating they recognize the show and the $500 bond
I wont argue this with you but you are dead wrong on this. Pa law clearly states you need a permit to display fireworks. There is nothing in the law about purchasing. That is the given factor after you have a permit. Just because they don't have an ordinance doesn't mean it is open season. If your able to get a local official to sign one of these permits you can print off the internet then you have protected yourself and would be in compliance.
UniversalPyro
04-14-2011, 04:22 PM
That makes sense, but it amazing that the township tells me there is no ordinance and no permits required, just go ahead and do it is what they tell me....lol but i will have them sign something.
jknepp1954
04-14-2011, 08:21 PM
ok - here we go - instead of spinnings wheels forever on this - right from the law books (or at least partially so - can't copy/paste real long stuff):
—1271. Definitions
The term "consumer fireworks (Class C)" shall mean and include:
(1) Any combustible or explosive composition or any substance orcombination of substances, intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that 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 which complies with the provisions for "consumer fireworks (Class C)" as defined in the American Pyrotechnics Association (APA) Standard 87-1, or any successor standard.
(2) The term does not include devices as "ground and hand-held sparkling devices," "novelties" and "toy caps" in APA Standard 87-1, the sale, possession and use of which shall be permitted at all times throughout this Commonwealth.
The term "display fireworks (Class B)" shall be defined as provided in 27 CFR — 555.11 (relating to meaning of terms).
The term "municipalities" shall include cities, boroughs, incorporated towns and townships.
1939, May 15, P.L. 134, — 1. Amended 1959, June 24, P.L. 486, — 1; 1973, Nov. 9, P.L. 335, No. 112, — 1; 2004, Nov. 30, P.L. 1598, No. 204, — 2, imd. effective.
—1273. Licensee"s bond
The governing body of the municipality shall require a bond deemed adequate by it from the licensee in the sum not less than five hundred dollars ($500) conditioned for the payment of all damages which may be caused either to a person or persons, or to property by reason of the licensed display and arising from any acts of the licensee, his agents, employees or subcontractors.
1939, May 15, P.L. 134, — 3.
—1274. Extension of permit when display prevented by unfavorable weather.
If by reason of unfavorable weather the display for which apermit has been granted does not take place at the time so authorized, the person to whom such permit was issued may within twenty-four hours apply to the authority having granted the same, setting forth under oath the fact that such display was not made, given the reason therefore, and requesting a continuance of such permit for a day designated therein, not later than one week after the day fixed originally in said permit. Upon receiving such application for a continuance the said authority, if it believes the facts stated therein are true, shall extend the provisions of said permit to the day fixed in said application, not later than one week after the original day designated in the permit, and such extension of time shall be granted without the payment of any additional fee and without requiring bond other than the one given for the original permit, the provisions of which shall extend to and cover all damages which may be caused by reason of the said display taking place at such extended date in the same manner and to the same extent as if such display had taken place at the date originally fixed in the permit.
1939, May 15, P.L. 134, — 3.1, added 1941 June 18, P.L. 132, — 1.
—1275. Sale, possession and use of fireworks
Nothing in this act shall be construed to prohibit any licensed facility from selling any consumer fireworks (Class C) or the year-round sale of any kind of consumer fireworks (Class C), to out-of-State residents whose status is verified to the licensee, provided the licensee retains proof of such status and produces it for review upon request of the Department of Agriculture and provided the same are to be transported directly out of state by the seller or purchaser. consumer fireworks (Class C) and display fireworks (Class B) may be possessed and used by a person holding a permit from any municipality at the display covered by such permit, or when used as authorized by a permit for agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage, or the use by railroads or other transportation agencies for signal purposes or illumination, or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theatre, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations or organizations composed of veterans of the United States Army or Navy. No such permit shall be issued to a person younger than eighteen (18) years of age.
1939, May 15, P.L. 134, — 4, amended 1956, Feb. 10, P.L. (1955) 1033, — 1; 2004, Nov. 30, P.L. 1598, No. 204, — 4, imd. effective.
—1275.1. Local Permits for use of fireworks for agricultural purposes
The governing body of any city, borough, town or township shall have the power, under reasonable rules and regulations adopted by it, to grant permits for the use of suitable fireworks for agricultural purposes in connection with the raising of crops and the protection of crops from bird and animal damage. Such permits shall be good for the calendar year in which issued. After such permit has been granted, sales, possession and use of fireworks of the type and for the purpose mentioned in the permit shall be lawful for that purpose only.
1939, May 15, P.L. 134, — 4.1, added 1956, Feb. 10, P.L. (1955) 1033, — 2.
— 1275.2. Supervised public displays permitted; permits
Permission shall be given by the governing body of any city, borough, town or township under reasonable rules and regulations for displays of consumer fireworks (Class C) and display fireworks (Class B) to be held therein. Every such display shall be handled by a competent operator and shall be of such a character and so located, discharged or fired as, in the opinion of the chief of the fire department or other such officer as may be designated by the governing body of the municipality, after proper inspection, to not be hazardous to property or endanger any person or persons. After such privilege shall have been granted, possession and use of consumer fireworks (Class C) and display fireworks (Class B) for such display shall be lawful for that purpose only. No permits shall be transferable.
1939, May 15, P.L. 134, — 4.2, added 2004, Nov. 30, P.L. 1598, No. 204, — 5, imd. effective.
— 1275.3. consumer fireworks (Class C) facilities; criteria for licensure .................................
— 1276.2. Registration of fireworks displays or exhibitions
Any business entity which performs, provides or supervises fireworks displays or exhibitions for profit shall register annually with the Attorney General.
The Attorney General shall promulgate rules to implement this section.
1984, Feb. 9, P.L. 9, No. 4, — 1, effective in 60 days.
— 1277. Penalties for illegal sale of fireworks
Any person, copartnership, association or corporation using consumer fireworks (Class C) in violation of the provisions of this act commits a summary offense and, upon conviction, shall be punished by a fine of not more than one hundred ($100) dollars.
Any person, copartnership, association or corporation selling consumer fireworks (Class C) in violation of the provisions of this act commits a misdemeanor of the second degree.
Any person, copartnership, association or corporation selling display fireworks (Class B) in violation of the provisions of this act commits a felony of the third degree.
Any person, copartnership, association or corporation selling federally illegal explosives such as devices as described in 49 CFR 173.54 (relating to forbidden explosives) or those devices that have not been tested, approved and labeled by the Federal Department of Transportation, including, but not limited to, those devices commonly referred to as "M-80," "M-100,"
"blockbuster," "cherry bomb," or "quarter or half stick" explosive devices, in violation of the provisions of this act commits a felony of the third degree.
1939, May 15, P.L. 134, — 6. Amended 2004, Nov. 30, P.L. 1598, No. 204, — 7, imd. effective.
—1278. Confiscation
The Pennsylvania State Police, any sheriff or police officer shall take, remove or cause to be removed at the expense of the owner all stocks of consumer fireworks (Class C) or display fireworks (Class B) or combustibles offered or exposed for sale, stored or held in violation of this act. The owner shall also be responsible for the storage and, if deemed necessary, the destruction of these fireworks.
1939, May 15, P.L. 134 — 7.1, added 2004, Nov. 30, P.L. 1598, No. 204, — 8, imd. effective.
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