PRIOR PRINTER'S NO. 1056 PRINTER'S NO. 1619
No. 856 Session of 2003
INTRODUCED BY MADIGAN, WOZNIAK, PILEGGI, TARTAGLIONE, RAFFERTY,
STOUT, LEMMOND, COSTA, EARLL, KITCHEN, THOMPSON, PUNT,
KASUNIC AND WENGER, JULY 7, 2003
SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, AS
AMENDED, MAY 12, 2004
AN ACT
1 Amending the act of May 15, 1939 (P.L.134, No.65), entitled, as
2 amended, "An act relating to fireworks; defining fireworks;
3 prohibiting the sale, offering or exposing for sale and use
4 of fireworks, except in certain cases; authorizing cities,
5 boroughs, towns and townships to issue permits for fireworks
6 displays, and to regulate the same; imposing duties on the
7 Pennsylvania State Police, sheriffs, police officers and
8 constables; and providing penalties," regulating sale and use
9 of fireworks.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The title of the act of May 15, 1939 (P.L.134,
13 No.65), referred to as the Fireworks Law, amended March 22, 1951
14 (P.L.57, No.14), is amended to read:
15 AN ACT
16 Relating to fireworks; defining fireworks; prohibiting the sale,
17 regulating the sale, offering or exposing for sale and use of
18 fireworks, except in certain cases; authorizing cities,
19 boroughs, towns and townships to issue permits for fireworks
20 displays, and to regulate the same; imposing duties on the
1 Pennsylvania State Police, sheriffs, police officers and <--
2 constables[,] AND POLICE OFFICERS [AND CONSTABLES]; and <--
3 providing penalties.
4 Section 2. Section 1 of the act, amended November 9, 1973
5 (P.L.335, No.112), is amended to read:
6 Section 1. The term "consumer fireworks" shall mean and
7 include any combustible or explosive composition or any
8 substance or combination of substances [or, except as
9 hereinafter provided, any article prepared for the purpose of
10 producing a visible or an audible effect by combustion,
11 explosion, deflagration or detonation, and shall include blank
12 cartridges and toy cannons in which explosives are used, the
13 type of balloons which require fire underneath to propel the
14 same, firecrackers, torpedoes, skyrockets, Roman candles, aerial
15 fireworks, or other fireworks of like construction, and any
16 fireworks containing any explosive or flammable compound or any
17 tablets or other device containing an explosive substance.
18 The term "fireworks" shall not include sparklers, toy
19 pistols, toy canes, toy guns, or other devices in which paper
20 caps containing twenty-five hundredths grains or less of
21 explosive compound are used, providing they are so constructed
22 that the hand cannot come in contact with the cap when in place
23 for the explosion, and toy pistol paper caps which contain less
24 than twenty hundredths grains of explosive mixture, the sale and
25 use of which shall be permitted at all times, nor shall the term
26 "fireworks" include toy cannons which operate on the principle
27 of mixing calcium carbide, weighing less than one tenth of an
28 ounce, and water in the reservoir of the cannon and in which
29 ignition results upon the creation of a spark.] intended to
30 produce visible and/or audible effects by combustion,
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1 deflagration or detonation. Fireworks, novelties, and theatrical
2 pyrotechnics as described and defined in the American
3 Pyrotechnics Association Standard 87-1 as referenced in 49 CFR
4 173.56 (j)(1) (relating to new explosives--definition and
5 procedures for classification and approval). The term "consumer
6 fireworks" shall not include handheld or ground-based sparklers.
7 Also, the term "consumer fireworks" shall not include novelties
8 further described as devices containing small amounts of
9 pyrotechnic and/or explosive composition but not described as
10 consumer fireworks in 27 CFR (relating to alcohol, tobacco
11 products and firearms) and in 49 CFR (relating to
12 transportation). Such devices produce limited visible or audible
13 effects. These items shall be classified as "1.4G" unless
14 classified as "1.4S" or deregulated as a hazardous material by
15 the United States Department of Transportation on the basis of
16 examination and testing as specified in 49 CFR § 173.56. THE <--
17 ITEMS LISTED IN THIS DEFINITION, NOT DEFINED AS "CONSUMER
18 FIREWORKS," SHALL BE ALLOWED AT ALL TIMES THROUGHOUT THIS
19 COMMONWEALTH.
20 The term "consumer fireworks" shall be defined as provided in
21 27 CFR § 55.11 (relating to meaning of terms).
22 The term "display fireworks" shall be defined as provided in
23 27 CFR § 55.11 (relating to meaning of terms).
24 The term "municipalities" shall include cities, boroughs,
25 incorporated towns and townships.
26 SECTION 3. SECTION 2 OF THE ACT IS REPEALED. <--
27 Section 3 4. Section 4 of the act, amended February 10, 1956 <--
28 (1955 P.L.1033, No.325), is amended to read:
29 Section 4. Nothing in this act shall be construed to
30 prohibit any [resident wholesaler, dealer or jobber to sell at
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1 wholesale such fireworks as are not herein prohibited,] licensed
2 facility from selling any consumer fireworks or the year-round
3 sale of any kind of consumer fireworks TO OUT-OF-STATE RESIDENTS <--
4 WHOSE STATUS IS VERIFIED, provided the same are to be [shipped]
5 transported directly out of state[, or are to] by the seller or
6 purchaser. Fireworks may be used by a person holding a permit
7 from any municipality at the display covered by such permit, or
8 when used as authorized by a permit for agricultural purposes in
9 connection with the raising of crops and the protection of crops
10 from bird and animal damage, or the use of fireworks by
11 railroads or other transportation agencies for signal purposes
12 or illumination, or when used in quarrying or for blasting or
13 other industrial use, or the sale or use of blank cartridges for
14 a show or theatre, or for signal or ceremonial purposes in
15 athletics or sports, or for use by military organizations or
16 organizations composed of veterans of the United States Army or
17 Navy.
18 Section 4 5. The act is amended by adding sections to read: <--
19 Section 4.2. Permission must be given by the governing body
20 of any city, borough, town or township under reasonable rules
21 and regulations for displays of fireworks to be held therein by
22 municipalities, fair associations, amusement parks and other
23 organizations or groups of individuals. Every such display shall
24 be handled by a competent operator and shall be of such a
25 character and so located, discharged or fired, as in the opinion
26 of the chief of the fire department or other such officer as may
27 be designated by the governing body of the municipality, after
28 proper inspection, to not be hazardous to property or endanger
29 any person or persons. After such privilege shall have been
30 granted, sales, possession, use and distribution for such
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1 display shall be lawful for that purpose only. No permit shall
2 be transferable.
3 Section 4.3. Consumer fireworks shall be sold only from
4 facilities that are licensed by the Department of Agriculture
5 and that meet the following criteria:
6 (1) The facility shall be limited in size to eight
7 thousand (8,000) square feet of selling area to which a
8 purchaser may be admitted.
9 (2) Aisles in the facility shall be a minimum of four
10 (4) feet wide, and they shall be kept free and unobstructed
11 at all times.
12 (3) There must be one exit door for every two thousand
13 (2,000) square feet of selling space to which a purchaser may
14 be admitted, with a minimum of one (1) emergency exit door
15 for every two thousand (2,000) square feet of space in the
16 facility.
17 (4) The exit doors shall be metal and shall be equipped
18 with push-panic locks.
19 (5) Exit doors shall be clearly marked with lighted exit
20 signs with battery backups.
21 (6) The facilities must be in a stand-alone building.
22 (7) The facilities shall be equipped with an adequate
23 number of smoke detectors in both the retail and storage
24 areas which smoke detectors shall be inspected and tested
25 annually prior to the opening of the facility. Fire
26 extinguishers shall be located so there is a maximum of
27 seventy-five (75) feet of distance between the extinguishers.
28 (8) Storage areas shall be separated from areas to which
29 a purchaser may be admitted by appropriately rated fire
30 separation.
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1 (9) The facility shall be located no closer than two
2 hundred fifty (250) feet from any facility selling or
3 dispensing gasoline, propane, or other such flammable
4 products.
5 (10) No consumer fireworks facility shall be located
6 within two hundred fifty (250) feet of another consumer
7 fireworks sales facility.
8 (11) THE FACILITY SHALL HAVE A MONITORED BURGLAR AND <--
9 FIRE ALARM SYSTEM.
10 (12) A MAXIMUM OCCUPANCY PERMIT MUST BE POSTED IN THE
11 FACILITY.
12 (13) QUARTERLY FIRE DRILLS AND PREPLANNING MEETINGS MUST
13 BE CONDUCTED AS REQUIRED BY THE PRIMARY FIRE DEPARTMENT.
14 Section 4.4. Applications for licenses to sell consumer
15 fireworks shall be submitted to the Department of Agriculture by
16 January 15 of each year on forms prescribed and provided by the
17 department. Licenses shall be issued no later than March 1 of
18 each year. The license application shall be accompanied by an
19 annual license fee of five thousand dollars ($5,000) per
20 location. No license shall be issued to any convicted felons or
21 to any entities where a convicted felon owns five percent (5%)
22 or more of the equity interest in such entity.
23 Section 4.5. The consumer fireworks sales facility shall be
24 exclusively dedicated to the sale of consumer fireworks and
25 related items, and the facility shall operate in accordance with
26 the following rules:
27 (1) There must be security personnel on the premises for
28 the seven (7) days preceding and including July 4 and for the
29 three (3) days preceding and including January 2.
30 (2) No smoking shall be permitted in the facility.
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1 (3) No cigarettes or tobacco products, matches,
2 lighters, or any other flame-producing devices shall be
3 permitted to be taken into the facility.
4 (4) No minors shall be permitted in the facility unless
5 accompanied by an adult, and each minor must stay with the
6 adult in the facility.
7 (5) All consumer fireworks sold in the facility must
8 comply with the United States Consumer Product Safety
9 Commission manufacturing and performance standards.
10 (6) All facilities must carry at least two million
11 dollars ($2,000,000) in public and product liability
12 insurance.
13 (7) All of the licensee's employes must be given
14 documented training in the area of operational safety of a
15 consumer fireworks sales facility. The storage of 1.3G
16 display fireworks must comply with the Bureau of Alcohol,
17 Tobacco and Firearms regulations.
18 (8) No 1.3G display fireworks shall be stored or located
19 at a consumer fireworks sales facility.
20 (9) No person under the influence of intoxicating liquor
21 or drugs shall be admitted to the facility, and no liquor,
22 beer, or wine shall be permitted in the facility.
23 (10) No fireworks shall be ignited within three hundred
24 (300) feet of a licensed consumer fireworks sales facility.
25 (11) Emergency evacuation plans must be conspicuously
26 posted in appropriate locations within the facility.
27 SECTION 6. SECTIONS 5 AND 5.1 OF THE ACT ARE REPEALED. <--
28 Section 5 7. Section 6 of the act is amended to read: <--
29 Section 6. [Any person, copartnership, association or
30 corporation violating the provisions of this act shall be guilty
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1 of a misdemeanor, and upon conviction thereof, shall be punished
2 by a fine not exceeding one hundred dollars ($100) or in the
3 case of individuals, the members of a partnership and the
4 responsible officers and agents of an association or
5 corporation, by imprisonment in the county jail not exceeding
6 ninety (90) days or by both such fine and imprisonment.] Any
7 person, copartnership, association, or corporation using
8 consumer fireworks in violation of the provisions of this act
9 commits a misdemeanor, and, upon conviction, shall be punished
10 by a fine of not more than one hundred ($100) dollars. Any
11 person, copartnership, association, or corporation selling
12 consumer fireworks in violation of the provisions of this act
13 commits a misdemeanor of the third degree, and, upon conviction,
14 shall be punished by a fine of not more than five thousand
15 ($5,000) dollars. Any person, copartnership, association, or
16 corporation selling display fireworks in violation of the
17 provisions of this act, commits a felony of the third degree
18 and, upon conviction, shall be punished by a fine of not more
19 than ten thousand ($10,000) dollars or to imprisonment of not
20 more than ten (10) years, or both. Any person, copartnership,
21 association, or corporation selling federally illegal explosives
22 such as devices as described in 49 CFR 173.54 (relating to
23 forbidden explosives) or those devices that have not been
24 tested, approved and labeled by the Federal Department of
25 Transportation, including, but not limited to, those devices
26 commonly referred to as "M-80," "M-100," "blockbuster," "cherry
27 bomb" or "quarter or half stick" explosive devices, in violation
28 of the provisions of this act, commits a felony of the third
29 degree and, upon conviction, shall be punished by a fine of not
30 more than ten thousand ($10,000) dollars or to imprisonment of
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1 not more than ten (10) years, or both.
2 Section 6 8. The act is amended by adding a section SECTIONS <--
3 to read:
4 Section 7.1. The Pennsylvania State Police or any sheriff, <--
5 ANY SHERIFF OR police officer or constable shall take, remove or <--
6 cause to be removed at the expense of the owner, all stocks of
7 fireworks or combustibles offered or exposed for sale, stored,
8 or held in violation of this act. The owner shall also be
9 responsible for the storage and, if deemed necessary, the
10 destruction of these fireworks.
11 SECTION 7.2. THE PENNSYLVANIA STATE POLICE SHALL CONDUCT <--
12 BACKGROUND CHECKS OF ALL PERSONS WHO ARE OWNERS, OPERATORS,
13 SUPERVISORS AND ALL FULL-TIME EMPLOYES OF A "CONSUMER FIREWORKS"
14 FACILITY WITHIN NINETY (90) DAYS AFTER DATE OF EMPLOYMENT OR
15 AFFILIATION.
16 Section 7 9. This act shall take effect immediately. <--
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