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Upper Southampton Township

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Public Notice - Amending Chapter 185 of the Code of Ordinances (Fireworks)

PUBLIC NOTICE

Notice is hereby given that the Board of Supervisors of Upper Southampton Township, County of Bucks, Commonwealth of Pennsylvania, will hold a public hearing on June 5, 2018 at 6:30 PM at the Township Administration Building, 1st Floor Meeting Room, 939 Street Road, Southampton, PA 18966 to consider adoption of the following ordinance:

AN ORDINANCE OF THE TOWNSHIP OF UPPER SOUTHAMPTON, BUCKS COUNTY, PENNSYLVANIA, AMENDING CHAPTER 185 OF THE CODE OF ORDINANCES OF THE TOWNSHIP OF UPPER SOUTHAMPTON, BUCKS COUNTY, PENNSYLVANIA PROVIDING DEFINITIONS AND CONDITIONS FOR THE SALE AND STORAGE OF CONSUMER FIREWORKS AND PERMITTING SUCH USE IN THE LI LIMITED INDUSTRIAL DISTRICT BY SPECIAL EXCEPTION

The full text of the proposed ordinance may be examined at the office of the Township Manager, 939 Street Road, Southampton, PA 18966. The full text is also available on the Township’s website at www.ustwp.org. The public is invited to attend and provide comment.

TOWNSHIP OF UPPER SOUTHAMPTON

BUCKS COUNTY, PENNSYLVANIA

ORDINANCE NO.

AN ORDINANCE OF THE TOWNSHIP OF UPPER SOUTHAMPTON, BUCKS COUNTY, PENNSYLVANIA, AMENDING CHAPTER 185 OF THE CODE OF ORDINANCES OF THE TOWNSHIP OF UPPER SOUTHAMPTON, BUCKS COUNTY, PENNSYLVANIA PROVIDING DEFINITIONS AND CONDITIONS FOR THE SALE AND STORAGE OF CONSUMER FIREWORKS AND PERMITTING SUCH USE IN THE LI LIMITED INDUSTRIAL DISTRICT BY SPECIAL EXCEPTION

WHEREAS, the Township of Upper Southampton, Bucks County, Pennsylvania (hereinafter “Township”) is a township of the second class that is organized and existing under the laws of the Commonwealth of Pennsylvania; and

WHEREAS, Township has enacted a zoning ordinance pursuant to its statutory authority, the Pennsylvania Municipalities Planning Code (MPC), Act 247 of 1968 as amended; and

WHEREAS, the Pennsylvania Uniform Construction Code Act requires the enactment of an appropriate Ordinance by municipalities electing to administer and enforce the building code provisions of the Act; and

WHEREAS, the Township has opted to administer and enforce the provisions of the Pennsylvania Uniform Construction Code (UCC) including, but not limited to, the International Fire Code and the International Building Code; and

WHEREAS, it is the intent of this ordinance to provide available locations for sale and storage of Consumer Fireworks, as defined herein, while simultaneously advancing the substantial government interest of public safety, health and protection; and

WHEREAS, the Board of Supervisors of the Township of Upper Southampton recognizes the need to amend the zoning ordinance as set forth herein.

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the Township of Upper Southampton, Bucks County, Pennsylvania, and it is hereby ENACTED AND ORDAINED by authority of same as follows:

Section 1. The following definitions shall be added, alphabetically, to Section 185-5 (titled “Definitions and Word Usage”) of Chapter 185 of the Code of Ordinances of the Township of Upper Southampton:

CONSUMER FIREWORKS – Any combustible or explosive composition or any substance or combination 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” as defined in the American Pyrotechnics Association (APA) Standard 87-1, including but not limited to Sections *3.1 and *3.5, or any successor standard. The term does not include devices such as “ground and handheld sparkling devices” as defined in APA Standard 87-1, Section *3.1.1, “novelties” as defined in APA Standard 87-1, Section *3.2, or “toy caps” as defined in APA Standard 87-1, Section *3.3.

DISPLAY FIREWORKS – Defined as more fully set forth in 27 CFR 555.11 (Meaning of terms), which is incorporated herein by reference which meet the types of display fireworks devices set forth in the APA Standard 87-1, Section *4.1 which comply with requirements for display fireworks set forth in APA Standard 87-1.

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 1.4 G fireworks or 1.3 G fireworks as set forth in the 2003 International Fire Code including, but not limited to, those compositions or devices defined in APA Standard 87-1.

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.

NOVELTIES – Articles of trade having amusement value and whose appeal is often transitory, and which is limited to those items for sale described in American Pyrotechnics Association (APA) Standard 87-1, Section *3.2.

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 Article.

Section 2. Chapter 185, Article IV, Section 185-16 (titled “Table of Uses”) of the Code of Ordinances of the Township of Upper Southampton is amended by the deletion the existing Use (30C). In place of the said deleted Use (30C), the following Use (30C) titled “Sale of Consumer Fireworks” shall be added as follows:

COMMERCIAL USES      R-1,2,3      R-4      R-5      R-6      RS      CC      LI      CI

(30C) Sale of Consumer           N        N         N         N          N        N        S       N

Fireworks

Sales of Consumer Fireworks from a permanent facility or temporary structure shall be permitted only by special exception in the LI District subject to compliance with all of the following specific regulations set forth herein with respect to such use as well as the general provisions regarding the Special Exception contained in Section 185-80 of this Code as follows:

a.   A permanent facility for the sale of consumer fireworks shall comply with the following criteria established in Pennsylvania Act 43 of 2017 as follows:

1. The facility shall be licensed by the Department of Agriculture in accordance with licensing requirements    established by the Commonwealth of Pennsylvania;

2. The facility shall be a stand-alone permanent Structure;

3. Storage areas shall be separated from wholesale and retail sales areas to which a purchaser may be admitted by appropriately rated fire separation;

4. The facility shall not be closer than 250 feet from any facility selling or dispensing gasoline, propane or other flammable product;

5. The facility shall not be located closer than 1500 feet from any other facility licensed to sell consumer fireworks; and

6. The facility shall have a monitored burglar and fire alarm system and shall have quarterly fire drills and preplanning meetings conducted by the local fire company.

b. A Temporary Structure shall be permitted if (1) licensed by the Department of Agriculture; (2) complies with Section a. above; and (3) complies with the requirements and criteria established in Pennsylvania Act 43 of 2017 as follows:

1. The Temporary Structure is located no closer than 250 feet from a facility storing, selling or dispensing gasoline, propane or other flammable products;

2. An evacuation plan is posted in a conspicuous location for a Temporary Structure in accordance with NFPA 1124;

3. The outdoor storage unit, if any, is separated from the wholesale or retail sales area to which a purchaser may be admitted by appropriately rated fire separation;

4. The Temporary Structure complies with NFPA 1124 as it relates to retail sales of Consumer Fireworks in Temporary Structures;

5. The Temporary Structure is located one of the following distances from a permanent facility licensed to sell Consumer Fireworks under the Act of May 15, 1939 (P.L. 134, No. 65), referred to as the Fireworks Law, at the time of the Effective Date of this Article:

(i) Prior to January 1, 2023, at leave five miles.

(ii) Beginning January 1, 2023, at least two miles;

6. The Temporary Structure does not exceed 2,500 square feet;

7. The Temporary Structure is secured at all times during which Consumer Fireworks are displayed within the structure;

8. The Temporary Structure has a minimum of $2,000,000 in public and product liability insurance and otherwise comply with township insurance requirements;

9. The sales period is limited to June 15 through July 8 and December 21 through January 2 of each year; and

10. Consumer Fireworks not on display for retail sale are stored in an outdoor storage unit; and

11. Limitations – The sale of Consumer Fireworks from the Temporary Structure is limited to the following:

                                  (i) Helicopter, aerial spinner (APA 87-1, 3.1.2.3).

                                  (ii) Roman candle (APA 87-1, 3.1.2.4).

                                  (iii) Mine and shell devices not exceeding 500 grams.

c. In addition to paragraphs a and b above, both permanent facilities and temporary structures shall also comply with the following requirements:

1. The facility and/or structure shall not be located within 500 feet of any premises licensed by the Pennsylvania Liquor Control Board for the sale of alcoholic beverages;

2. The facility and or structure shall not be located within 500 feet of any public recreational facility (Use 20), schools (Use 16) and/or day nursery/school (Use 19);

3. The hours of operation shall be no earlier than 9:00 a.m. and no later than 9:00 p.m.

prevailing time;

4. Off- street parking shall be provided in accordance with Article VI of this Zoning Ordinance. In the event that a temporary structure is used, parking must be provided for both the underlying use and temporary structure; and

5. The facility and structure shall comply in all respects with the requirements and standards established

and applicable federal, state and local law and especially those established in the “Pennsylvania Fireworks Law”,

the “Pennsylvania Construction Code Act” and the “Pennsylvania Uniform Construction Code Act” as enacted

and amended from time to time by the General Assembly of the Commonwealth of Pennsylvania.

Section 3. The applicable provisions of the Limited Industrial Zoning District and the Table of Land Uses are amended to permit the Sale of Fireworks as a special exception.

Section 4. Chapter 185, Article VI, Section 185-47 (“Off-Street Parking and Loading”) of the Code of Ordinances of the Township of Upper Southampton is amended as follows:

(30C). Sale of Fireworks: One off-street parking space for each seventy- five (75) square feet of gross floor area.

Section 5. All other regulations, provisions, parts, paragraphs, sections, subsections, clauses, sentences or portions thereof of Chapter 185 of the Code of Ordinances of the Township of Upper Southampton not specifically amended by this Ordinance shall remain unchanged and in full force and effect.

Section 6. The provisions of this Ordinance may be severed. If any section, clause, sentence, part or provision thereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decisions of the court shall not impair any of the remaining sections, clauses, sentences, parts or provisions of this Ordinance. It is hereby declared to be the intent of the Board of Supervisors of Upper Southampton and that this Ordinance would have been enacted if such illegal, invalid or unconstitutional section, clause, sentence, part of provisions had not been included herein.

Section 7. This Ordinance shall become effective five (5) days after adoption by the Board of Supervisors of Upper Southampton Township.

ORDAINED AND ENACTED by the Board of Supervisors of Upper Southampton Township on this 5th day of June, 2018.

BOARD OF SUPERVISORS OF UPPER SOUTHAMPTON TOWNSHIP,

BUCKS COUNTY, PA

By:___________________________________

Lola G. Biuckians. Chairman

Attest: ___________________________________

Marguerite C. Genesio, Secretary/Treasurer