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PRINTER'S NO. 1392
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1055
Session of
2015
INTRODUCED BY WHITE, VOGEL, YAW, BAKER, BARTOLOTTA, FOLMER,
WAGNER, STEFANO, SCARNATI, BREWSTER, VULAKOVICH, ALLOWAY,
WARD, HUGHES AND WOZNIAK, NOVEMBER 10, 2015
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, NOVEMBER 10, 2015
AN ACT
Amending the act of May 15, 1939 (P.L.134, No.65), entitled, as
amended, "An act relating to fireworks; defining fireworks;
prohibiting the sale, regulating the sale, offering or
exposing for sale and use of fireworks, except in certain
cases; authorizing cities, boroughs, towns and townships to
issue permits for fireworks displays, and to regulate the
same; imposing duties on the Pennsylvania State Police,
sheriffs and police officers; and providing penalties,"
extensively revising provisions relating to definitions, bond
required, continuance of permits, sale and use of fireworks,
permits, department licenses, applications for licenses,
safety requirements for facilities, annual registration,
penalties and confiscation; and imposing an excise tax.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1, 3, 3.1, 4, 4.1, 4.2, 4.3, 4.4, 4.5,
5.2, 6, 7, 7.1 and 8 of the act of May 15, 1939 (P.L.134,
No.65), referred to as the Fireworks Law, are repealed:
[Section 1. The term "consumer fireworks" shall mean and
include:
(1) Any combustible or explosive composition or any
substance or combination of substances intended to produce
visible and/or audible effects by combustion and which is
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suitable for use by the public that 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 which complies with the provisions for "consumer fireworks"
as defined in the American Pyrotechnics Association (APA)
Standard 87-1, or any successor standard.
(2) The term does not include devices as "ground and hand-
held sparkling devices," "novelties" and "toy caps" in APA
Standard 87-1, the sale, possession and use of which shall be
permitted at all times throughout this Commonwealth.
The term "display fireworks" shall be defined as provided in
27 CFR § 555.11 (relating to meaning of terms).
The term "municipalities" shall include cities, boroughs,
incorporated towns and townships.
Section 3. The governing body of the municipality shall
require a bond deemed adequate by it from the licensee in a sum
not less than five hundred dollars ($500) conditioned for the
payment of all damages which may be caused either to a person or
persons, or to property by reason of the licensed display and
arising from any acts of the licensee, his agents, employes or
subcontractors.
Section 3.1. If by reason of unfavorable weather the display
for which a permit has been granted does not take place at the
time so authorized, the person to whom such permit was issued
may within twenty-four hours apply to the authority having
granted the same, setting forth under oath the fact that such
display was not made, giving the reason therefor, and requesting
a continuance of such permit for a day designated therein, not
later than one week after the day fixed originally in said
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permit. Upon receiving such application for a continuance the
said authority, if it believes the facts stated therein are
true, shall extend the provisions of said permit to the day
fixed in said application, not later than one week after the
original day designated in the permit, and such extension of
time shall be granted without the payment of any additional fee
and without requiring any bond other than the one given for the
original permit, the provisions of which shall extend to and
cover all damages which may be caused by reason of the said
display taking place at such extended date in the same manner
and to the same extent as if such display had taken place at the
date originally fixed in the permit.
Section 4. Nothing in this act shall be construed to
prohibit any licensed facility from selling any consumer
fireworks or the year-round sale of any kind of consumer
fireworks to out-of-State residents whose status is verified to
the licensee, provided the licensee retains proof of such status
and produces it for review upon request of the Department of
Agriculture and provided the same are to be transported directly
out of state by the seller or purchaser. Consumer fireworks and
display fireworks may be possessed and used by a person holding
a permit from any municipality at the display covered by such
permit, or when used as authorized by a permit for agricultural
purposes in connection with the raising of crops and the
protection of crops from bird and animal damage, or the use by
railroads or other transportation agencies for signal purposes
or illumination, or when used in quarrying or for blasting or
other industrial use, or the sale or use of blank cartridges for
a show or theatre, or for signal or ceremonial purposes in
athletics or sports, or for use by military organizations or
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organizations composed of veterans of the United States Army or
Navy. No such permit shall be issued to a person younger than
eighteen (18) years of age.
Section 4.1. The governing body of any city, borough, town,
or township shall have the power, under reasonable rules and
regulations adopted by it, to grant permits for the use of
suitable fireworks for agricultural purposes in connection with
the raising of crops and the protection of crops from bird and
animal damage. Such permits shall be good for the calendar year
in which issued. After such permit has been granted, sales,
possession and use of fireworks of the type and for the purpose
mentioned in the permit shall be lawful for that purpose only.
Section 4.2. Permission shall be given by the governing body
of any city, borough, town or township under reasonable rules
and regulations for displays of consumer fireworks and display
fireworks to be held therein. Every such display shall be
handled by a competent operator and shall be of such a character
and so located, discharged or fired as, in the opinion of the
chief of the fire department or other such officer as may be
designated by the governing body of the municipality, after
proper inspection, to not be hazardous to property or endanger
any person or persons. After such privilege shall have been
granted, possession and use of consumer fireworks and display
fireworks for such display shall be lawful for that purpose
only. No permit shall be transferable.
Section 4.3. Consumer fireworks shall be sold only from
facilities that are licensed by the Department of Agriculture
and that meet the following criteria:
(1) The facility shall comply with the provisions of the act
of November 10, 1999 (P.L.491, No.45), known as the
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"Pennsylvania Construction Code Act."
(2) The facility shall be in a stand-alone building and
shall be no larger than twelve thousand (12,000) square feet.
(3) Storage areas shall be separated from wholesale or
retail sales areas to which a purchaser may be admitted by
appropriately rated fire separation.
(4) The facility shall be located no closer than two hundred
fifty (250) feet from any facility selling or dispensing
gasoline, propane or other such flammable products.
(5) The facility shall be located at least two hundred fifty
(250) feet from any other facility licensed to sell consumer
fireworks.
(6) The facility shall have a monitored burglar and fire
alarm system.
(7) Quarterly fire drills and preplanning meetings shall be
conducted as required by the primary fire department.
Section 4.4. Applications for licenses to sell consumer
fireworks shall be submitted to the Department of Agriculture on
forms prescribed and provided by the department. The license
application shall be accompanied by an annual license fee of
five thousand dollars ($5,000) per location. Facilities in
existence on the effective date of this section and new
facilities shall be inspected by the Department of Agriculture
within thirty (30) days of receipt of a complete application for
a license. The Department of Agriculture shall issue a license,
or deny a license, within fourteen (14) days of completing the
inspection. A license shall be effective for one year from the
date the license is issued, and renewal of a license shall be
automatic upon payment of the license fee, but each facility is
subject to annual inspection by the Department of Agriculture,
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and at other times at its discretion, during normal business
hours. No license shall be issued to any convicted felons or to
any entities where a convicted felon owns any percentage of the
equity interest in such entity.
Section 4.5. A facility licensed by the Department of
Agriculture shall be exclusively dedicated to the storage and
sale of consumer fireworks and related items, and the facility
shall operate in accordance with the following rules:
(1) There shall be security personnel on the premises for
the seven (7) days preceding and including July 4 and for the
three (3) days preceding and including January 2.
(2) No smoking shall be permitted in the facility.
(3) No cigarettes or tobacco products, matches, lighters, or
any other flame-producing devices shall be permitted to be taken
into the facility.
(4) No minors shall be permitted in the facility unless
accompanied by an adult, and each minor shall stay with the
adult in the facility.
(5) All facilities shall carry at least two million dollars
($2,000,000) in public and product liability insurance.
(6) A licensee shall provide its employes with documented
training in the area of operational safety of a facility. The
licensee shall provide to the Department of Agriculture written
documentation that each employe has received such training.
(7) No display fireworks shall be stored or located at a
facility.
(8) No person who appears to be under the influence of
intoxicating liquor or drugs shall be admitted to the facility,
and no liquor, beer, or wine shall be permitted in the facility.
(9) No consumer fireworks or display fireworks shall be
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ignited within three hundred (300) feet of a facility.
(10) Emergency evacuation plans shall be conspicuously
posted in appropriate locations within the facility.
Section 5.2. (a) Any business entity which performs,
provides or supervises fireworks displays or exhibitions for
profit shall register annually with the Attorney General.
(b) The Attorney General shall promulgate rules to implement
this section.
Section 6. The following shall apply:
(1) Any person, copartnership, association or corporation
using consumer fireworks in violation of the provisions of this
act commits a summary offense and, upon conviction, shall be
punished by a fine of not more than one hundred ($100) dollars.
(2) Any person, copartnership, association or corporation
selling consumer fireworks in violation of the provisions of
this act commits a misdemeanor of the second degree.
(3) Any person, copartnership, association or corporation
selling display fireworks in violation of the provisions of this
act commits a felony of the third degree.
(4) Any person, copartnership, association or corporation
selling federally illegal explosives such as devices as
described in 49 CFR 173.54 (relating to forbidden explosives) or
those devices that have not been tested, approved and labeled by
the Federal Department of Transportation, including, but not
limited to, those devices commonly referred to as "M-80," "M-
100," "blockbuster," "cherry bomb" or "quarter or half stick"
explosive devices, in violation of the provisions of this act
commits a felony of the third degree.
Section 7. All acts and parts of acts inconsistent herewith
are hereby repealed.
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Section 7.1. The Pennsylvania State Police, any sheriff or
police officer shall take, remove or cause to be removed at the
expense of the owner all stocks of consumer fireworks or display
fireworks or combustibles offered or exposed for sale, stored or
held in violation of this act. The owner shall also be
responsible for the storage and, if deemed necessary, the
destruction of these fireworks.
Section 8. This act shall become effective immediately upon
its final enactment.]
Section 2. The act is amended by adding chapters to read:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Fireworks
Law.
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"APA 87-1." The American Pyrotechnic Association Standard
87-1: Standard for Construction and Approval for Transportation
of Fireworks, Novelties and Theatrical Pyrotechnics , 2001
edition, or any subsequent edition.
"Consumer fireworks." A combustible or explosive composition
or a substance or combination of substances that meets all of
the following requirements:
(1) Is intended to produce visible or audible effects by
combustion.
(2) Is suitable for use by the public.
(3) Complies with all of the following:
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(i) 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.
(ii) The provisions for "consumer fireworks" as
defined in APA 87-1 .
(iii) The following provisions of the United Nations
explosive shipping classification system, if examination
and testing in accordance with 49 CFR § 173.56 (relating
to new explosives-definition and procedures for
classification and approval), warrants the
classification:
(A) UN0335 Fireworks.
(B) UN0336 Fireworks.
(C) UN0337 Fireworks.
The term does not include devices defined as "ground and hand-
held sparkling devices," "novelties" or "toy caps" in APA 87-1.
"Consumer fireworks retail sales facility." A building or
permanent structure that meets all of the following
requirements:
(1) Is affixed to a foundation on a site.
(2) Has fixed utility connections.
(3) Is intended to permanently remain on the site.
(4) Primarily sells consumer fireworks classified by the
United Nations as 1.4G and related items.
"Department." The Department of Agriculture of the
Commonwealth.
"Display fireworks." The term as defined in 27 CFR § 555.11
(relating to meaning of terms).
"Municipality." A city, borough, incorporated town or
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township in this Commonwealth.
"NFPA 1124." The National Fire Protection Association
Standard 1124, Code for the Manufacture, Transportation, Storage
and Retail Sales of Fireworks and Pyrotechnic Articles , 2006
Edition, or any subsequent edition.
CHAPTER 3
CONSUMER FIREWORKS
SUBCHAPTER A
RETAIL SALES FACILITIES
Section 301. Department licenses.
Consumer fireworks shall be sold only from facilities that
are licensed by the department and that meet the following
criteria:
(1) The facility shall comply with the provisions of the
act of November 10, 1999 (P.L.491, No.45), known as the
Pennsylvania Construction Code Act.
(2) The facility shall be in a stand-alone building.
(3) Storage areas shall be separated from wholesale or
retail sales areas to which a purchaser may be admitted by
appropriately rated fire separation.
(4) The facility shall be located at least 250 feet from
any facility selling or dispensing gasoline, propane or other
flammable products.
(5) The facility shall be located at least 250 feet from
any other facility licensed to sell consumer fireworks.
(6) The facility shall have a monitored burglar and fire
alarm system.
(7) Quarterly fire drills and preplanning meetings shall
be conducted as required by the primary fire department.
(8) The facility shall fully comply with all regulations
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in NFPA 1124.
Section 302. Applications for licenses.
(a) General rule.--An application for a license to sell
consumer fireworks shall be submitted to the department on forms
prescribed and provided by the department. The license
application shall be accompanied by an annual license fee as
follows:
(1) For a location of up to 12,000 square feet, a fee of
$7,500 per location.
(2) For a location of between 12,001 square feet and
15,000 square feet, a fee of $10,000 per location.
(3) For a location of 15,001 or more square feet, a fee
of $20,000 per location.
(b) Inspections.--A new facility shall be inspected by the
department within 30 days of receipt of a complete application
for a license.
(c) Issuance and term of license.--The department shall
issue or deny a license within 14 days of completing the
inspection. A license shall be effective for one year from the
date the license is issued, and renewal of a license shall be
automatic upon payment of the license fee. A facility is subject
to annual inspection by the department and at other times, at
its discretion, during normal business hours.
(d) Persons not to be licensed.--No license may be issued to
a convicted felon or to an entity where a convicted felon owns
any percentage of the equity interest in the entity.
Section 303. Safety requirements for facilities.
A facility licensed by the department shall be exclusively
dedicated to the storage and sale of consumer fireworks,
novelties and related items, and the facility shall operate in
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accordance with the following rules:
(1) There shall be security personnel on the premises
for the seven days preceding and including July 4 and for the
three days preceding and including January 2.
(2) No smoking may be permitted in the facility.
(3) No cigarettes or tobacco products, matches, lighters
or any other flame-producing devices may be permitted to be
taken into the facility.
(4) No minor may be permitted in the facility unless
accompanied by an adult. A minor shall stay with the adult in
the facility.
(5) All facilities shall carry at least $2,000,000 in
public and product liability insurance.
(6) A licensee shall provide its employees with
documented training in the area of operational safety of a
facility. The licensee shall provide to the department
written documentation that each employee has received such
training.
(7) No display fireworks may be stored or located at a
facility.
(8) No person who appears to be under the influence of
intoxicating liquor or drugs may be admitted to the facility.
No liquor, beer or wine shall be permitted in the facility.
(9) No consumer fireworks or display fireworks may be
ignited within 500 feet of a facility.
(10) Emergency evacuation plans shall be conspicuously
posted in appropriate locations within the facility.
Section 304. Penalties.
The following shall apply:
(1) A person selling consumer fireworks in violation of
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the provisions of this subchapter commits a misdemeanor of
the second degree and shall, upon conviction, be sentenced to
pay a fine not to exceed $10,000. A second or subsequent
violation may result in the applicant being ineligible to
reapply or renew a license to sell consumer fireworks in this
Commonwealth.
(2) A person selling federally illegal explosives such
as devices described in 49 CFR 173.54 (relating to forbidden
explosives) or those devices that have not been tested,
approved and labeled by the Federal Department of
Transportation, including, but not limited to, those devices
commonly referred to as "M-80," "M-100," "blockbuster,"
"cherry bomb" or "quarter or half stick" explosive devices,
in violation of the provisions of this act commits a felony
of the third degree and shall be ineligible to reapply or
renew a license to sell consumer fireworks in this
Commonwealth.
Section 305. Confiscation.
The Pennsylvania State Police, a sheriff or police officer,
the department or the Attorney General shall take, remove or
cause to be removed at the expense of the owner all stocks of
consumer fireworks or combustibles offered or exposed for sale,
stored or held in violation of this act. The owner shall also be
responsible for the storage and, if deemed necessary, the
destruction of these fireworks.
SUBCHAPTER B
SALE, POSSESSION AND USE OF CONSUMER FIREWORKS
Section 321. Time for using and exploding.
(a) General rule.--Except as otherwise provided in
subsection (b), an entity or individual who is at least 18 years
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of age may use or explode or cause to be exploded consumer
fireworks on any day between the hours of 10 a.m. and 12
midnight.
(b) Holidays.--In addition to the time period specified in
subsection (a), an entity or individual who is at least 18 years
of age may use or explode or cause to be exploded consumer
fireworks on January 1, July 3 and 4 and December 31 of each
year between the hours of 10 a.m. and 2 a.m. on the following
day.
Section 322. Additional uses.
In addition to the uses permitted under section 321, consumer
fireworks may be used for any of the following:
(1) For agricultural purposes in connection with the
raising of crops and the protection of crops from bird and
animal damage.
(2) By railroads or other transportation agencies for
signal purposes or illumination.
(3) In quarrying or for blasting or other industrial
use.
(4) In the sale or use of blank cartridges for a show or
theatre.
(5) For signal or ceremonial purposes in athletics or
sports.
(6) For use by military organizations or organizations
composed of veterans of the United States Army or Navy.
Section 323. Municipalities to grant permits.
The governing body of a municipality shall have the power,
under reasonable rules and regulations adopted by it, to grant a
permit for the use of suitable fireworks for agricultural
purposes in connection with the raising of crops and the
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protection of crops from bird and animal damage. A permit shall
be effective for the calendar year in which it is issued. After
a permit has been granted, sales, possession and use of
fireworks of the type and for the purpose mentioned in the
permit shall be lawful for that purpose only.
Section 324. Penalties.
A person using consumer fireworks in violation of the
provisions of this subchapter commits a summary offense and,
upon conviction, shall be punished by a fine of not more than
$100.
Section 325. Confiscation.
The Pennsylvania State Police, a sheriff or police officer,
the department or the Attorney General shall take, remove or
cause to be removed at the expense of the owner all stocks of
consumer fireworks or combustibles stored or held in violation
of this act. The owner shall also be responsible for the storage
and, if deemed necessary, the destruction of these fireworks.
Section 326. Excise tax.
(a) General rule.--In addition to any other applicable tax
imposed by law, an excise tax shall be imposed upon the sale of
consumer fireworks at the rate of 10% of the sale price per item
sold.
(b) Collection.--The excise tax imposed under this section
shall be collected in the same manner as the tax imposed under
Article II of the act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971.
(c) Deposit.--The excise tax imposed under this section
shall be disbursed in accordance with law for the purposes of
developing, delivering and sustaining training programs for
first responders.
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CHAPTER 5
DISPLAY FIREWORKS
Section 501. Possession and use of display fireworks.
Display fireworks may be possessed and used by a person
holding a permit from a municipality at the display covered by
the permit, or when used as authorized by a permit.
Section 502. Permits.
(a) Grant of permits.--The governing body of a municipality
shall have the power, under reasonable rules and regulations, to
grant a permit for a display of display fireworks to be held in
the municipality.
(b) Display operator.--A display shall be handled by a
competent operator.
(c) Inspection.--The chief of the fire department or an
officer designated by the governing body of the municipality
shall make a proper inspection and determine the location,
character, discharge and fire of the display that will not be
hazardous to property or endanger a person. A display shall be
conducted in accordance with this determination.
(d) Limited use.--After a permit is granted, possession and
use of display fireworks for the display shall be lawful for
that purpose only.
(e) Nontransferability of permit.--A permit shall be
nontransferable.
Section 503. Continuance of permits.
(a) General rule.--If by reason of unfavorable weather the
permitted display does not take place at the time authorized,
the permittee may within 24 hours apply to the authority having
granted the permit, setting forth under oath the fact that the
display was not made, giving the reason and requesting a
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continuance of the permit for a date designated in the
application, not later than one week after the date in the
original permit.
(b) Extension of time.--Upon receiving the application for a
continuance, the authority, if it believes the facts stated in
the application are true, shall extend the provisions of the
permit to the date in the application, not later than one week
after the date in the original permit. The extension of time
shall be granted without the payment of an additional fee and
without requiring a bond other than the one given for the
original permit. The provisions of the original permit shall
extend to and cover all damages that may be caused by reason of
the display taking place at the extended date in the same manner
and to the same extent as if the display had taken place at the
date in the original permit.
Section 504. Bond required.
The governing body of a municipality shall require a bond it
deems adequate from the permittee in a sum not less than $500
conditioned for the payment of all damages that may be caused
either to a person or to property by reason of the permitted
display and arising from any acts of the permittee, his agents,
employees or subcontractors.
Section 505. Annual registration.
(a) Duty to register.--A business entity that performs,
provides or supervises fireworks displays or exhibitions for
profit shall register annually with the Attorney General.
(b) Regulations.--The Attorney General shall promulgate
rules and regulations necessary to implement this section.
Section 506. Penalties.
A person selling display fireworks in violation of the
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provisions of this chapter commits a felony of the third degree
and shall be ineligible to reapply or renew a license to sell
display fireworks in this Commonwealth.
Section 507. Confiscation.
The Pennsylvania State Police, a sheriff or police officer,
the department or the Attorney General shall take, remove or
cause to be removed at the expense of the owner all stocks of
display fireworks or combustibles offered or exposed for sale,
stored or held in violation of this act. The owner shall also be
responsible for the storage and, if deemed necessary, the
destruction of these fireworks.
Section 3. All licenses, permits and registrations issued
under the act and that are in effect on the effective date of
this section shall continue and remain in full force and effect
until expired, revoked or modified under Chapter 3 or 5 of the
act.
Section 4. All acts and parts of acts are repealed insofar
as they are inconsistent with this act.
Section 5. This act shall take effect in 60 days.
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