A person who is at least 18 years of age and meets the requirements of this Chapter may use Consumer Fireworks, subject to the restrictions and limitations specifically contained herein.
- A person may not intentionally ignite or discharge:
1). Consumer fireworks on public or private property, including, but not limited to, streets, parking lots,
sidewalks, and parks without the express permission of the owner or entity that controls the property.
2). Consumer fireworks or sparkling devices within, directed at, or directed from a vehicle, occupied
structure, or building.
3). Consumer fireworks or sparkling devices directed at another person.
4). Consumer fireworks or sparkling devices while the person is under the influence of alcohol, a
controlled substance, or another drug.
5). Consumer fireworks within 150 feet of a building, occupied structure, or vehicle, whether or not the
user of the Consumer Fireworks owns the building, occupied structure, or vehicle.
6). Consumer fireworks on any property owned or operated by the Township, including parks, the
Johnathan Eshenour Memorial Trail, parking lots, streets, sidewalks, and rights-of-way.
7). Consumer fireworks between the hours of 10:00 pm and 10:00 am, except:
- On July 2, 3, and 4 and December 31, when consumer fireworks may be used until 1:00 am the
following day; and - When July 4 falls on a Tuesday, Wednesday, or Thursday, Consumer Fireworks may be used until
1:00 am on the immediately preceding and following Friday and Saturday.
8). Consumer fireworks within 150 feet of an animal housing facility or a fenced area designed to confine
livestock owned or managed by another person. If a person uses consumer fireworks at a distance of
150 to 300 feet from an animal housing facility or fenced area designed to confine livestock owned or
managed by another person, the user of consumer fireworks shall notify in writing the owner or
manager of the livestock at least 72 hours in advance of the use that consumer fireworks will be used
in the area.
Fireworks & Pyrothecnics
Word Usage/ Definitions
- Interpretation. Words and phrases in this Chapter shall be used in their ordinary context unless such word or phrase is specifically defined in this Section.
1) Words in the present tense also apply to the future tense.
2) The singular includes the plural.
3) The male (human) gender includes the female and nonbinary genders.
4) The term “shall” or “must” is always mandatory.
5) The word “used” shall be construed to include the words “or intended, arranged, or designed to be used.”
6) The term “such as” shall be considered as introducing a typical or illustrative designation of items and shall not be interpreted as constituting a complete list.
7) Township- The Township of Derry, Dauphin County, PA, its elected officials, appointed officials, employees, and duly authorized representatives or agents.
- The following words and terms shall, for purposes of this Chapter, have the following meanings:
AP A 87-1 – The American Pyrotechnics Association Standard 87-1: Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001 edition.
Consumer Fireworks:
a) 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, the sale, possession, and use of which shall be permitted in Derry Township subject to the regulations provided in this Chapter 95.
b) The term does not include devices such as “ground and hand-held sparkling devices,”
“novelties” or “toy caps” in AP A 87- 1, the sale, possession, and use of which shall be permitted in Derry Township subject to applicable regulations.
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, the following:
a) salutes that contain more than two grains (130 milligrams) of explosive materials.
b) aerial shells containing more than 40 grams of pyrotechnic compositions; and
c) 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. 101 (relating to the purpose and use of hazardous materials table).
Flame Effect – The combustion of solids, liquids, or gases utilizing atmospheric oxygen to produce thermal, physical, visual, or audible phenomena before an audience.
a) Automatic flame effect is a flame effect that is supervised and fired by an automatic control system.
b) Hybrid flame effect is a flame effect that is used in combination with a pyrotechnic material or device.
c) Manual flame effect is a flame effect that is operated manually without the use of an automatic control system.
d) Portable flame effect is a flame effect that is designed and installed, either in a permanent or temporary installation and designed to move or be moved in the operation of installation.
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.
