Since Act 204 took effect, misinformation has circulated about townships' responsibilities under the law. Rumors have focused on a "new" provision that authorizes municipalities to grant permits to individuals or groups for otherwise illegal fireworks displays. In actuality, this law has been in existence since 1939 and allows townships to adopt reasonable regulations for permitted displays of fireworks. Under the regulations, the township must verify that the person applying for the permit is a competent operator and require a bond of at least $500 (PSATS suggests a minimum bond of $1 million). Also, the township's fire chief or other designated official must inspect the display site to ensure it is safe. 

Townships should note that a local display permit is needed even if the operator is licensed by the Attorney General and that they are not required to grant permits to everyone who requests one. They should also be sure to consult their solicitor before adopting a fireworks permit ordinance.

In a related matter, a number of townships have been presented with fake "official state fireworks permits." These forms incorrectly state that all that is needed for permit approval is the signature of a township official. Please keep in mind, there are no such state forms, and if you receive one, PSATS (Pennsylvania State Association of Township Supervisors) recommends that you do not sign it.

The term” fireworks” shall not include sparklers, toy pistols, toy guns (cap guns), or other devices in which paper caps containing twenty-five hundredth grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion. It also does not include smoke bombs or small items (ex: snakes, sparklers, etc) purchased for child use with adult supervision.

It is illegal for any person, persons, firms or corporations, amusement parks, fair associations or other organizations or groups of individuals, to have or hold public displays of consumer fireworks and display fireworks within the limits of East Taylor Township unless a permit is first granted by the Board of Supervisors. 

Application for permits shall be made in writing to the township secretary no less than fifteen (15) days in advance of the date of the display. The municipality will require a bond deemed adequate from the licensee in a sum not less than five hundred dollars ($500) with a maximum amount to be set by the municipality to cover payment for any damages caused either to a person, persons or to any property by the licensed display which includes the employees of the licensee, his agents, or subcontractors. The bond shall be filed with the Township Secretary before any permit for a supervised public display is delivered. 

 It must also be verified that the person applying for the permit is a competent operator, and the township’s fire chief or other designated official will inspect the display site to ensure that it is safe. In addition, the permit applicant may need to meet additional fireworks display requirements under the Uniform Construction Code depending upon the specific type of fireworks involved. Request for permits must include name and address of the operator, and the name and address of the owner or owners of the property on which the display is to be held. An attached legal consent in writing from the property owner or owners must also accompany the request. 

If the operator is licensed by the state Attorney General, it is still required to apply for a local display permit through the municipality. 

If due to unfavorable weather the display for which a permit has been granted does not take place at the time agreed on, the person to whom the permit was issued may, within twenty-four hours, apply to the authority requesting a continuance of the permit for another date and time agreed on, but is required to be scheduled within one week of the original date.

Any persons displaying use of illegal federally banned fireworks in the municipality, which include “Cherry Bombs”, “Silver Salutes”, or “M80’s” shall be arrested and fined $100.00 or face imprisonment in the county jail for 90 days, or both fined and imprisoned.