PRINTER'S NO. 4330
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2752
Session of
2018
INTRODUCED BY FARRY, STEPHENS, STAATS, DiGIROLAMO, SCHLOSSBERG,
McGINNIS, SAYLOR, READSHAW, DAVIS, BARRAR, RYAN, PHILLIPS-
HILL, GODSHALL, HILL-EVANS, PASHINSKI, WATSON, J. McNEILL,
MARSICO AND DeLUCA, NOVEMBER 27, 2018
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
NOVEMBER 27, 2018
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
for tax credits in certain cases; conferring powers and
imposing duties upon the Department of Revenue, certain
employers, fiduciaries, individuals, persons, corporations
and other entities; prescribing crimes, offenses and
penalties," in fireworks, further providing for definitions,
for permits, for request for extension, for use of consumer
fireworks, for agricultural purposes, for rules and
regulations by municipality, for fees, granting of licenses
and inspections, for conditions for facilities, for temporary
structures, for Attorney General, for consumer fireworks tax,
for penalties and for removal, storage and destruction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2401, 2402, 2403, 2404, 2405, 2406,
2408(a)(1)(ii) and (c)(2), 2409, 2410, 2411, 2412(b), 2414 and
2415 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
Reform Code of 1971, added October 30, 2017 (P.L.672, No.43),
are amended to read:
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Section 2401. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
["APA 87-1." The American Pyrotechnics Association Standard
87-1: Standard for Construction and Approval for Transportation
of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001
edition, or any subsequent edition.]
"Aerial devices." The term includes aerial shell kits,
aerial spinners, bottle rockets, mine devices, missile-type
rockets, roman candles and shell devices.
"Aerial shell." A cylindrical or spherical cartridge
containing lift charge and burst charge effect composition which
meets the following criteria:
(1) The aerial shell is most likely to be two inches to
six inches in diameter and designed to be fired from metal,
high-density polyethylene, fiberglass or heavy cardboard
tubes.
(2) Upon firing, the lift charge is consumed and the
cartridge is expelled into the air.
(3) A pyrotechnic effect is produced near the apex of
flight.
(4) The burst charge used in the aerial shell only
contains black powder or similar pyrotechnic composition.
(5) The aerial shell is contained in a launch tube or is
a part of an aerial shell kit.
"Aerial shell kit." A package or kit containing a cardboard,
high-density polyethylene or equivalent launching tube capable
of firing twice the number of aerial shells in the kit without
failure of the launching tube and not more than 12 small aerial
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shells which meet the following criteria:
(1) Each aerial shell does not exceed 60 grams of total
chemical composition, including lift charge, burst charge and
visible and audible effect composition.
(2) The maximum diameter of each aerial shell does not
exceed 1.75 inches.
(3) The maximum quantity of lift charge of each aerial
shell does not exceed 20 grams.
(4) The maximum quantity of burst charge in each aerial
shell does not exceed 25% of the total weight of chemical
composition in the aerial shell.
(5) The total chemical composition of all the aerial
shells, including lift charge, does not exceed 400 grams.
(6) The package of aerial shells complies with all
warning label requirements of CPSC.
"Aerial spinner." A tube which meets the following criteria:
(1) The tube does not exceed 20 grams of chemical
composition.
(2) The tube has a propeller or blade attached.
(3) Upon ignition, a rapidly spinning device rises into
the air.
(4) A visible or audible effect may be produced at or
near the height of flight.
"Audible ground device." The term includes firecrackers and
chasers.
"Black powder." A combination of potassium nitrate, sulfur
and charcoal or similar pyrotechnic composition.
"Bottle rocket." A cylindrical tube containing not more than
20 grams of chemical composition with a wooden stick attached
for guidance and stability which meets the following criteria:
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(1) Upon ignition, a rocket rises into the air.
(2) A burst of color or sound may be produced at or near
the height of flight.
"Burst charge." Chemical composition used to break open a
fireworks device after it has been propelled into the air,
producing a secondary effect such as a shower of stars. The term
may be referred to as expelling charge or break charge. The
following apply:
(1) A burst charge containing metallic powder, such as
magnalium or aluminum, less than 100 mesh in particle size,
shall be considered to be intended to produce an audible
effect, and is limited to 130 milligrams in 1.4G fireworks
devices.
(2) A burst charge consisting of black powder shall not
be considered to be intended to produce an audible effect
when it is used to expel and ignite a secondary effect in a
fireworks device.
(3) A burst charge for use in 1.3G fireworks shall be
limited to black powder.
"Chaser." A paper or cardboard tube venting out the fuse end
of the tube containing not more than 20 grams of chemical
composition which meets the following criteria:
(1) The device travels along the ground upon ignition.
(2) A whistling effect or other noise is often produced.
(3) Explosive composition may be included for the
purpose of producing a report, but is not more than 50
milligrams.
"Chemical composition." All pyrotechnic composition and
explosive composition contained in a fireworks device. The term
does not include inert materials, such as clay used for plugs,
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or organic matter such as rice hulls used for density control.
"Cone fountain." A cardboard or heavy paper cone containing
not more than 50 grams of pyrotechnic composition which meets
the following criteria:
(1) The effect is the same as that of a cylindrical
fountain.
(2) When more than one cone is mounted on a common base,
total pyrotechnic composition does not exceed 200 grams.
"Consumer fireworks."
(1) The term includes all of the following:
(i) Any combustible or explosive composition or any
substance or combination of substances which is intended
to produce visible or audible effects by combustion, is
suitable for use by the public, 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 complies with the
provisions for "consumer fireworks" as defined in APA 87-
1 or any successor standard, the sale, possession and use
of which shall be permitted throughout this
Commonwealth].
(ii) Aerial devices and audible ground devices.
(2) The term does not include [devices as "ground and
hand-held sparkling devices," "novelties" or "toy caps" in
APA 87-1 or any successor standard,] ground and handheld
sparkling devices, novelties and toy caps, the sale,
possession and use of which shall be permitted at all times
throughout this Commonwealth.
"CPSC." The United States Consumer Product Safety
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Commission.
"Cylindrical fountain." A cylindrical tube containing not
more than 75 grams of pyrotechnic composition which meets the
following criteria:
(1) Upon ignition, a shower of colored sparks and at
times a whistling effect or smoke is produced.
(2) The tube may be provided with a spike for insertion
into the ground, a wood or plastic base for placing on the
ground or a wood or cardboard handle to be handheld.
(3) When more than one tube is mounted on a common base,
total pyrotechnic composition does not exceed 200 grams.
"Display fireworks." Large fireworks [to be used solely by
professional pyrotechnicians and] designed primarily to produce
visible or audible effects by combustion, deflagration or
detonation. The term includes, but is not limited to, all of the
following:
(1) [salutes] Salutes that contain more than two grains
or 130 milligrams of explosive materials[;].
(2) [aerial] Aerial shells containing more than [60] 40
grams of pyrotechnic [compositions; and] composition.
(3) [other] Other display pieces that exceed the limits
of explosive materials for classification as consumer
fireworks [and are].
(4) Other display pieces that are classified as
[fireworks] UN0333, UN0334 or UN0335 under 49 CFR 172.101
(relating to purpose and use of hazardous materials table).
(5) Fused setpieces containing components which together
exceed 50 milligrams of flash powder.
"Explosive composition." Any chemical compound or mixture,
the primary purpose of which is to function by explosion,
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producing an audible effect or report in a fireworks device.
"Firecracker." A small, paper-wrapped or cardboard tube
containing not more than 50 milligrams of explosive composition
which meets the following criteria:
(1) If used in aerial devices, the tube does not exceed
130 milligrams of explosive composition per report.
(2) Upon ignition, noise and a flash of light are
produced.
"Flash powder." An explosive material intended to produce an
audible report and a flash of light when ignited which includes,
but is not limited to, all of the following:
(1) Oxidizers, such as potassium chlorate or potassium
perchlorate.
(2) Fuels, such as sulfur or aluminum powder.
"Flitter sparkler." A narrow paper tube attached to a stick
or wire and filled with not more than five grams of pyrotechnic
composition which meets the following criteria:
(1) Upon ignition, the tube produces color and sparks.
(2) The paper at one end of the tube is ignited to make
the device function.
"Ground and handheld sparkling device." As follows:
(1) A device that meets the following criteria:
(i) The device is ground based or handheld and
produces a shower of white, gold or colored sparks as the
device's primary pyrotechnic effect. Additional effects
may include a colored flame, an audible crackling effect,
an audible whistle effect and smoke.
(ii) The device does not rise into the air, fire
inserts or projectiles into the air or explode or produce
a report. A mild audible crackling-type effect shall not
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be considered to be a report under this paragraph.
(2) The term includes all of the following:
(i) A ground-based or handheld device which produces
a cloud of smoke as the device's sole pyrotechnic effect.
(ii) A cylindrical fountain, cone fountain,
illuminating torch, wheel, ground spinner or flitter
sparkler.
"Ground spinner." A small device containing not more than 20
grams of pyrotechnic composition which meets the following
criteria:
(1) The device vents out of an orifice usually on the
side of the tube.
(2) The device is similar in operation to a wheel and
intended to be placed flat on the ground and ignited.
(3) A shower of sparks and color is produced by the
rapid spinning of the device.
"Illuminating torch." A cylindrical tube containing not more
than 100 grams of pyrotechnic composition which meets the
following criteria:
(1) The tube produces a colored flame upon ignition.
(2) The tube may be a spike, base or handheld.
(3) If more than one tube is mounted on a common base,
the total pyrotechnic composition does not exceed 200 grams.
"Lift charge." Pyrotechnic composition used to propel a
component of a mine device or shell device into the air and is
limited to black powder.
"Mine device." A heavy cardboard or paper tube usually
attached to a wooden or plastic base and containing not more
than 60 grams of total chemical composition, including lift
charge, burst charge and visible and audible effect composition,
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which meets the following criteria:
(1) Upon ignition, stars, components producing reports
containing up to 130 milligrams of explosive composition per
report or other devices are propelled into the air.
(2) The device has no internal components containing a
burst charge.
(3) The device may contain more than one tube if the
tubes fire in sequence upon ignition of one external fuse.
(4) If the device is a multiple tube device, the total
chemical composition, including lift charges of the multiple
tube device, does not exceed 200 grams.
(5) The maximum quantity of lift charge in a tube of the
device does not exceed 20 grams.
(6) The maximum quantity of burst charge in a component
does not exceed 25% of the total weight of chemical
composition in the component.
(7) If the tubes of the device are securely attached to
a wood or plastic base and the tubes are separated from each
other on the base by a distance of at least one-half inch, a
maximum total weight of 500 grams of pyrotechnic composition
shall be permitted for approval as 1.4G fireworks.
"Municipality." A city, borough, incorporated town or
township.
"NFPA 1124." The National Fire Protection Association
Standard 1124, Code for the Manufacture, Transportation, [and]
Storage and Retail Sales of Fireworks and Pyrotechnic Articles,
2006 edition[, or any subsequent edition.
"Occupied structure." A structure, vehicle or place adapted
for overnight accommodation of persons or for conducting
business whether or not a person is actually present.].
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"Novelties." The term includes party poppers, snappers, toy
smoke devices, snakes and sparklers.
"Outdoor storage unit." A stand-alone consumer fireworks
building, trailer, semitrailer, metal shipping container or
magazine meeting the specifications of NFPA 1124.
"Party popper." A small device with a paper or plastic
exterior which is actuated by means of friction and meets the
following criteria:
(1) A string or trigger is typically pulled to actuate
the device.
(2) The device frequently resembles a champagne bottle
or toy pistol in shape.
(3) Upon activation, the device expels flame-resistant
paper streamers, confetti or other novelties and produces a
small report.
(4) The device does not contain more than 16 milligrams
or 0.25 grains of explosive composition and shall be limited
to potassium chlorate and red phosphorus.
(5) The device is packaged in an inner packaging which
contains a maximum of 72 devices.
"Pyrotechnic composition." A chemical mixture which upon
burning and without explosion produces visible or brilliant
displays or bright lights or whistles or motion.
"Roman candle." A heavy paper or cardboard tube containing
not more than 20 grams of chemical composition and upon
ignition, stars are individually expelled which produce a
visible display of color and light upon burning in the air, and
at times, crackling or similar audible effect.
"Shell device." A mine device which propels a component that
subsequently bursts open in the air.
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"Snake." A pressed pellet of pyrotechnic composition which
contains two grams or less of composition per article and meets
the following criteria:
(1) Upon burning, it produces a snake-like ash that
expands in length as the pellet burns.
(2) Chemical compositions typically contain ammonium
perchlorate, nitrated pitch, asphaltum and similar
carbonaceous materials.
(3) It comes in a package of not more than 25 pellets
per inner package in order to be transported as an
unregulated device.
"Snapper." A small, paper-wrapped device containing not more
than one milligram of silver fulminate coated on small bits of
sand or gravel, which meets the following criteria:
(1) When dropped, the device explodes, producing a small
report.
(2) The device is placed in an inner package which shall
not include more than 50 devices and the inner package
contains sawdust or a similar, impact-absorbing material.
"Sparkler." A device which consists of a metal wire or wood
dowel that has been coated with pyrotechnic composition and
meets the following criteria:
(1) Upon ignition of the tip of the device, a shower of
sparks is produced.
(2) The device contains not more than 100 grams of
pyrotechnic composition per item.
(3) The device typically uses barium nitrate as the
oxidizer with aluminum and dextrine as fuels.
(4) Iron filings produce the spark effect.
(5) If the device produces colorful sparks, the device
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uses potassium perchlorate as an oxidizer.
(6) If the device contains a chlorate or perchlorate
oxidizer, the device is limited to a maximum of five grams of
composition per article.
(7) The device is placed in an inner package which
contains not more than eight devices to be transported as
unregulated devices.
"Star." A pressed or consolidated pellet of pyrotechnic
composition which is usually cylindrical, spherical or
rectangular in shape and meets the following criteria:
(1) The pellet is fired from a launch tube by means of a
propelling charge of black powder in roman candles and mine
devices or a component of an insert which is fired into the
air in an aerial shell.
(2) The composition produces a visible display of color
and light as it burns in the air, and at times, a crackling
or similar audible effect.
"Temporary structure." A structure, other than a permanent
facility with fixed utility connections, which is in use or in
place for a period of 20 consecutive calendar days or less and
is dedicated to the storage and sale of consumer fireworks and
related items. The term includes temporary retail sales stands,
tents, canopies and membrane structures meeting the
specifications of NFPA 1124. A temporary structure may not be
located inside of a permanent facility with fixed utility
connections. The term shall not include a vehicle or a facility
that is not licensed to sell consumer fireworks under this
article.
"Toy caps." Toy plastic or paper caps for toy pistols in
sheets, strips, rolls or individual caps and containing not more
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than an average of 0.25 grains or 16 milligrams of explosive
composition per cap.
"Toy smoke device." A small device consisting of cork-like
spheres or cardboard or plastic tubes, containing not more than
five grams of pyrotechnic composition which produces a small
cloud of smoke after activation and meets the following
criteria:
(1) The device is typically ignited by means of a safety
fuse.
(2) The outer configuration of the device is typically a
sphere or smoke ball, cylindrical tube or paper cone.
(3) The chemical composition for white smoke consists of
potassium nitrate and sulfur.
(4) The chemical composition of colored smokes are
produced by mixtures consisting of potassium chlorate, sulfur
or sugar and a sublimable organic dye.
(5) Mixtures containing potassium chlorate contain a
neutralizer/coolant such as sodium bicarbonate.
(6) To be eligible for unregulated status, the device
must produce smoke as the device's sole pyrotechnic effect
after ignition and must be packaged in inner units containing
not more than 72 devices.
"Vehicle." Every device in, upon or by which any person or
property is or may be transported or drawn upon a highway,
except devices used exclusively upon rails or tracks. The term
does not include a self-propelled wheelchair or an electrical
mobility device operated by and designed for the exclusive use
of a person with a mobility-related disability.
"Wheel." A device intended to be attached to a post or tree
by means of a nail or string and meets the following criteria:
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(1) The device may have one or more drivers, each of
which contains not more than 60 grams of pyrotechnic
composition.
(2) The device may not contain more than 200 grams of
total pyrotechnic composition.
(3) Upon ignition, the device revolves and produces a
shower of color and sparks, and at times, a whistling effect.
Section 2402. Permits.
(a) Permissible purposes.--Display fireworks may be
purchased, possessed and used by a person holding a permit from
a municipality [at] for the display or use covered by the permit
or when used as authorized by a permit [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
theater.
(5) For signal or ceremonial purposes in athletics or
sports.
(6) By military organizations or organizations composed
of veterans of the armed forces of the United States.].
(b) Age limitation.--A display fireworks permit may not be
issued to a person under 21 years of age.
(c) Bond.--The governing body of the municipality shall
require a bond deemed adequate by it from the permittee in a sum
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not less than [$50,000] $1,000 conditioned for the payment of
all damages which may be caused to a person or property by
reason of the [display] use of display fireworks and arising
from an act of the permittee or an agent, an employee or a
subcontractor of the permittee.
Section 2403. Request for extension.
(a) Authorization.--If, because of unfavorable weather, the
fireworks display for which a permit has been granted does not
occur at the time authorized by the permit, the person to whom
the permit was issued may within 24 hours apply [for a request
for extension to the municipality which granted the permit] to
the municipality for an extension of a permit.
(b) Contents of request.--The request for extension shall
state under oath that the fireworks display was not made,
provide the reason that the display was not made and request a
continuance of the permit for a date designated within the
request, which shall be not later than one week after the date
originally designated in the permit.
(c) Determination.--Upon receiving the request for
extension, the municipality, if it believes that the facts
stated within the request are true, shall extend the provisions
of the permit to the date designated within the request[, which
shall be not later than one week after the date originally
designated in the permit].
(d) Conditions.--The extension of time shall be granted
without the payment of an additional fee and without requiring a
bond other than the bond given for the original permit, the
provisions of which shall extend to and cover all damages which
may be caused by reason of the fireworks display occurring at
the extended date and in the same manner and to the same extent
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as if the display had occurred at the date originally designated
in the permit.
(e) Nonapplicability.--This section shall not apply to
permits issued for agricultural purposes.
Section 2404. Use of consumer fireworks.
(a) Conditions.--A person who is at least 18 years of age
[and meets the requirements of this article] may purchase,
possess and use consumer fireworks.
(b) Prohibitions.--A person may not intentionally [ignite or
discharge:
(1) Consumer fireworks on public or private property
without the express permission of the owner.
(2) Consumer fireworks or sparkling devices within, or
throw consumer fireworks or sparkling devices from, a motor
vehicle or building.
(3) Consumer fireworks or sparkling devices into or at a
motor vehicle or building or at another person.
(4) Consumer fireworks or sparkling devices while the
person is under the influence of alcohol, a controlled
substance or another drug.
(5) Consumer fireworks within 150 feet of an occupied
structure.] use consumer fireworks:
(1) On public or private property without the express
permission of the owner or entity that controls the property.
(2) Within, directed at, or directed from a temporary
structure, vehicle or building.
(3) Directed at another person.
(4) While the person is under the influence of alcohol,
a controlled substance or another drug.
(5) Within 150 feet of a temporary structure, building
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or vehicle.
(6) Between the hours of 10:00 p.m. and 10:00 a.m.,
except:
(i) on July 4 and December 31, when consumer
fireworks may be used until 1:00 a.m. on the following
day; and
(ii) on days and times as may be determined by a
municipality.
Section 2405. Agricultural purposes.
(a) Authorization.--The governing body of a municipality
may, under reasonable rules and regulations adopted by it, grant
permits for the use of [suitable] display fireworks for
agricultural purposes in connection with the raising of crops
and the protection of crops from bird and animal damage.
(b) Duration of permit.--A permit under this section shall
remain in effect for the calendar year in which it was issued.
(c) Conditions.--After a permit under this section has been
granted, sales, possession and use of [fireworks of the type
and] display fireworks for the purpose mentioned in the permit
shall be lawful for that purpose only.
Section 2406. Rules and regulations by municipality.
(a) Authorization.--A municipality may enact conditions,
prohibitions and limitations on the sale and use of consumer
fireworks that are not in conflict with this article.
(b) Authorization for use of display fireworks.--
(1) Permission shall be given by the governing body of a
municipality under reasonable rules and regulations for
displays of display fireworks to be held within the
municipality.
[(b) Conditions.--
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(1) Each display shall be:
(i) handled by a competent operator; and
(ii) of a character and so located, discharged or
fired as, in the opinion of the chief of the fire
department or other appropriate 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.
(2) After permission is granted under this section,
possession and use of display fireworks for display shall be
lawful for that purpose only.
(3) A permit shall be transferable.]
(2) Each use of display fireworks shall be:
(i) handled by a competent operator; and
(ii) of a character and so located, discharged or
fired as, in the opinion of the chief of the fire
department or other appropriate 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.
(3) After permission is granted under this subsection,
purchase, possession and use of display fireworks shall be
lawful for the use outlined in the permit only.
(4) A permit shall not be transferable.
Section 2408. Fees, granting of licenses and inspections.
(a) Initial application fees.--
(1) An initial application for a license to sell
consumer fireworks shall be submitted to the Department of
Agriculture on forms prescribed and provided by the
department with a nonrefundable application fee as follows:
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* * *
(ii) For a facility meeting the requirements of
section 2410, the application shall be submitted with a
nonrefundable application fee of $1,000 no later than 60
days prior to the first day of sale during the licensed
selling period.
* * *
(c) Time limitations and inspections.--
* * *
(2) The Department of Agriculture shall issue or deny a
license for a facility meeting the requirements of section
2410 no later than 10 days prior to the first day of sale
during the licensed selling period. The facility shall be
available for inspection by the Department of Agriculture for
compliance with NFPA 1124 at all times during the licensed
selling period.
* * *
Section 2409. Conditions for facilities.
A facility licensed by the Department of Agriculture under
section 2408 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 days preceding and including July 4 and for the
three 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
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accompanied by an adult, and each 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 of
Agriculture written documentation that each employee has
received the 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) Emergency evacuation plans shall be conspicuously
posted in appropriate locations within the facility.
(10) Written notice shall be conspicuously posted or
provided with each purchase of consumer fireworks that
provides the conditions and prohibitions for use of consumer
fireworks under section 2404, and that additional conditions,
prohibitions and limitations may be implemented by a
municipality.
Section 2410. Temporary structures.
(a) Conditions.--Notwithstanding section 2407 or any other
provision of law, a temporary structure may be licensed by the
Department of Agriculture to sell consumer fireworks if the
temporary structure meets all of the following requirements:
(1) The temporary structure is located no closer than
250 feet from a facility storing, selling or dispensing
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gasoline, propane or other flammable products.
[(2) An evacuation plan is posted in a conspicuous
location for a temporary structure in accordance with NFPA
1124.]
(3) The outdoor storage unit, if any, is separated from
the wholesale or retail sales area to which a purchaser may
be admitted by appropriately rated fire separation.
(4) The temporary structure complies with NFPA 1124 as
it relates to retail sales of consumer fireworks in temporary
structures.
(5) The temporary structure is located one of the
following distances from a permanent facility licensed to
sell consumer fireworks under the former act of May 15, 1939
(P.L.134, No.65), referred to as the Fireworks Law, at the
time of the effective date of this article:
(i) Prior to January 1, 2023, at least five miles.
(ii) Beginning January 1, 2023, at least two miles.
(6) The temporary structure does not exceed 2,500 square
feet.
(7) The temporary structure is secured at all times
during which consumer fireworks are displayed within the
structure.
[(8) The temporary structure has a minimum of $2,000,000
in public and product liability insurance.]
(9) The sales period is limited to June 15 through July
8 and December 21 through January 2 of each year.
(10) Consumer fireworks not on display for retail sale
are stored in an outdoor storage unit.
(b) Limitations.--The sale of consumer fireworks from the
temporary structure is limited to the following:
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(1) [Helicopter,] Aerial Spinner [(APA 87-1, 3.1.2.3)].
(2) Roman Candle [(APA 87-1, 3.1.2.4)].
(3) Mine devices and shell devices not exceeding 500
grams.
Section 2411. Attorney General.
[(a) Registration.--Any business] An entity which performs,
provides or supervises fireworks displays or exhibitions for
profit shall register annually with the Attorney General in
accordance with 37 Pa. Code Ch. 711 (relating to registration
for fireworks displays).
[(b) Rules.--The Attorney General shall promulgate rules to
implement this section.]
Section 2412. Consumer fireworks tax.
* * *
(b) Rate.--The tax authorized under subsection (a) shall be
imposed and collected at the rate of 12% of the purchase price
per item sold. The purchase price shall not include State and
local sales taxes.
* * *
Section 2414. Penalties.
The following shall apply:
(1) A person using consumer fireworks in violation of
the provisions of this article for the first offense commits
a summary offense and, upon conviction, shall, in addition to
any other penalty authorized by law, be punished by a fine of
not [more] less than $100. A subsequent offense under this
paragraph committed within one year of a prior conviction
under this paragraph shall constitute a misdemeanor of the
third degree and, upon conviction shall, in addition to any
other penalty authorized by law, be punished by a fine of not
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less than $500.
(2) A person selling consumer fireworks in violation of
the provisions of this [act] article for the first offense
commits a misdemeanor of the second degree[.] and, upon
conviction, shall, in addition to any other penalty
authorized by law, be punished by a fine of not less than
$2,500. A subsequent offense under this paragraph committed
within one year of a prior conviction under this paragraph
shall constitute a misdemeanor of the first degree and, upon
conviction, in addition to any other penalty authorized by
law, shall be punished by a fine of not less than $5,000.
(3) A person selling display fireworks in violation of
the provisions of this [act] article for the first offense
commits a felony of the third degree[.] and, upon conviction,
shall, in addition to any other penalty authorized by law, be
punished by a fine of not less than $10,000. A subsequent
offense under this paragraph committed within one year of a
prior conviction under this paragraph shall constitute a
felony of the second degree and, upon conviction, shall, in
addition to any other penalty authorized by law, be punished
by a fine of not less than $15,000.
(4) A person 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 United States 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] article for the
first offense commits a felony of the third degree[.] and,
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upon conviction, shall, in addition to any other penalty
authorized by law, be punished by a fine of not less than
$10,000. A subsequent offense under this paragraph committed
within one year of a prior conviction under this paragraph
shall constitute a felony of the second degree and, upon
conviction, shall, in addition to any other penalty
authorized by law, be punished by a fine of not less than
$15,000.
Section 2415. Removal, storage and destruction.
The Pennsylvania State Police, [a sheriff or police officer]
an individual employed as a municipal officer as defined in 42
Pa.C.S. ยง 8951 (relating to definitions) who holds a current
certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating to
municipal police education and training), a sheriff or a deputy
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 article. The owner shall also be responsible
for the storage and, if deemed necessary, the destruction of
these fireworks.
Section 2. This act shall take effect in 60 days.
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