PRINTER'S NO. 1204
No. 920 Session of 2003
INTRODUCED BY KASUNIC, MELLOW, O'PAKE, WAGNER, STOUT, COSTA,
KITCHEN, LAVALLE, RAFFERTY, SCHWARTZ, TARTAGLIONE, WAUGH AND
C. WILLIAMS, OCTOBER 8, 2003
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 8, 2003
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," further imposing
9 restrictions on displays of fireworks.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2 of the act of May 15, 1939 (P.L.134,
13 No.65), referred to as the Fireworks Law, is amended to read:
14 Section 2. Except as hereinafter provided, it shall be
15 unlawful for any person, copartnership, association or
16 corporation to offer for sale, expose for sale, sell at retail,
17 or use or explode any fireworks: Provided, That the governing
18 body of any city, borough, town or township shall have power,
19 under reasonable rules and regulations adopted by it, to grant
20 permits for supervised public displays of fireworks to be held
21 therein by municipalities, fair associations, amusement parks
1 and other organizations or groups of individuals. Every such
2 display shall be handled by a competent operator to be approved
3 by the governing body of the municipality in which the display
4 is to be held, and shall be of such a character and so located,
5 discharged or fired as in the opinion of the chief of the fire
6 department or such other officer as may be designated by the
7 governing body of the municipality after proper inspection shall
8 not be hazardous to property or endanger any person or
9 persons[.]; Provided, That a governing body of a municipality
10 shall not issue a permit for a display of fireworks within a
11 building, facility or structure that is one thousand (1,000)
12 square feet in area or less. Application for permits shall be
13 made in writing at least fifteen (15) days in advance of the
14 date of the display. After such privilege shall have been
15 granted, sales, possession, use and distribution of fireworks
16 for such display shall be lawful for that purpose only. No
17 permit granted hereunder shall be transferable.
18 Section 2. This act shall take effect in 60 days.
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