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617 Fireworks

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Overview

Martinsburg Borough, Blair County, Pennsylvania, enacted Ordinance No. 2019-617 on June 24, 2019. This ordinance regulates the display and discharge of fireworks within the borough limits to protect life and property, aligning with state law.

Consumer Fireworks Regulations

Residents are permitted to use consumer fireworks only during specific holidays and under strict safety conditions.

Permitted Holidays Discharge is allowed on the following holidays, encompassing a 24-hour period prior to and immediately after the holiday itself:

  • Memorial Day
  • Independence Day
  • Labor Day
  • Veterans Day

Time Restrictions

  • Fireworks may only be set off between 4:00 p. m. and 10:00 p. m.

Safety & Conduct Rules

  • Age Limit: Persons younger than 18 years of age are prohibited from discharging consumer fireworks.
  • Intoxication: Discharge is prohibited while under the influence of alcohol, controlled substances, or drugs.
  • Location: Fireworks cannot be discharged from or within a motor vehicle or building, nor toward a motor vehicle or building.
  • Distance: Discharge is prohibited within 150 feet of an occupied structure.
  • Permission: Fireworks cannot be ignited on public or private property without the express permission of the property owner.
  • Safety: Possession and use must be conducted reasonably safely for persons and property.

Display Fireworks Regulations

Professional or "display" fireworks require a permit and are subject to more rigorous oversight.

Permitting Process

  • Application: Applicants must apply to the Code Officer with approval from the Fire Chief.
  • Requirements: The application must specify composition, character, location, and manner of discharge. It must include current registration with the Pennsylvania Attorney General.
  • Operator: Displays must be handled by a competent operator registered and approved by the Code Officer.
  • Age Limit: No permit shall be issued to a person younger than 21 years of age.
  • Standards: The display must comply with applicable standards specified in NFPA No. 1122L, NFPA 1123, and NFPA 1126.

Financial Responsibility

  • Bond/Insurance: The Code Officer requires a bond and/or certificate of insurance from the permittee.
  • Amount: The sum must be not less than $250,000. 00.
  • Coverage: The bond/insurance must name the Code Officer, Fire Chief, and Borough of Martinsburg as additional insureds.
  • Proof: Applicants must furnish proof of financial responsibility to satisfy claims for damages or personal injuries.

Disposal Any display fireworks remaining unfired after the display must be immediately disposed of in a way safe for the type of fireworks.

Key Officials & Dates

  • Enactment Date: June 24, 2019
  • Effective Date: Upon adoption
  • Borough Secretary/Treasurer: Jane Staily
  • Borough President: Connie L. Lamborn
  • Mayor: Richard A. Brantner, Sr.
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