Regular Session 2017-2018 Senate Bill 0679 P.N. 0800

PRINTER'S NO. 800

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

679

Session of

2017

INTRODUCED BY WHITE, YAW, VOGEL, BARTOLOTTA, FOLMER, STEFANO,

WARD, VULAKOVICH, WAGNER, RESCHENTHALER, BREWSTER, SCARNATI

AND ALLOWAY, MAY 5, 2017

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 5, 2017

AN ACT

Amending the act of May 15, 1939 (P.L.134, No.65), entitled "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," further providing for

definitions, for sale, possession and use of fireworks, for

permits and for criteria for licensure; imposing a fireworks

safety fee; and establishing the Online Training Educator and

Training Reimbursement Account.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1, 3, 4, 4.2, 4.3 and 4.4 of the act of

May 15, 1939 (P.L.134, No.65), referred to as the Fireworks Law,

are amended to read:

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

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[.], the sale,

possession and use of which shall be permitted throughout this

Commonwealth.

(2) The term does not include devices as "ground and hand-

held sparkling devices," "novelties" and "toy caps" in APA

Standard 87-1, or any successor standard, 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).] mean large

fireworks to be used solely by professional pyrotechnicians

licensed by the Department of Agriculture and designed primarily

to produce visible or audible effects by combustion,

deflagration or detonation. The term includes but is not limited

to:

(1) salutes that contain more than two (2) grains or one

hundred thirty (130) milligrams of explosive materials;

(2) aerial shells containing more than sixty (60) grams of

pyrotechnic compositions; and

(3) other display pieces that exceed the limits of explosive

materials for classification as consumer fireworks and are

classified as fireworks UN0333, UN0334 or UN0335 under 49 CFR

172.101 (relating to purpose and use of hazardous materials

table).

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The term "municipalities" shall include cities, boroughs,

incorporated towns and townships.

The term "occupied structure" shall include a structure,

vehicle or place adapted for overnight accommodation of persons

or for conducting business whether or not a person is actually

present.

Section 3. (a) 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 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) By military organizations or organizations composed of

veterans of the United States Army or Navy.

(b) A display fireworks permit may not be issued to a person

younger than twenty-one (21) years of age.

bond deemed adequate by it from the licensee in a sum not less

than [five hundred dollars ($500)] fifty thousand dollars

($50,000) 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

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licensee, his agents, employes or subcontractors.

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

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.] (a) A person who is at least

eighteen (18) years of age and meets the requirements of this

act may purchase, possess and use consumer fireworks.

(b) 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

the same from, a motor vehicle or building.

(3) Consumer fireworks or sparkling devices into or at a

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motor vehicle or building, or at a person.

(4) Consumer fireworks or sparkling devices while the person

is under the influence of alcohol, a controlled substance or any

other drug.

(5) Consumer fireworks within one hundred fifty (150) feet

of an occupied structure.

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

"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]

permanent structure.

(3) Storage areas shall be separated from wholesale or

retail sales areas to which a purchaser may be admitted by

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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)] one thousand five hundred (1,500) 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,

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.] (a) An initial application for

a license to sell consumer fireworks shall be submitted to the

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Department of Agriculture on forms prescribed and provided by

the department with a nonrefundable application fee of two

thousand five hundred dollars ($2,500). The application shall

also be accompanied by the appropriate annual license fee as

provided in subsection (b).

(b) The annual license fee for a facility licensed to sell

consumer fireworks shall be as follows:

(1) Seven thousand five hundred dollars ($7,500) for a

location up to ten thousand (10,000) square feet.

(2) Ten thousand dollars ($10,000) for a location up to

fifteen thousand (15,000) square feet.

(3) Twenty thousand dollars ($20,000) for a location up to

twenty thousand (20,000) square feet.

Agriculture within thirty (30) days of receipt of a complete

application for a license. The Department of Agriculture shall

issue or deny a license within fourteen (14) days of completing

the inspection.

(d) A license issued for the sale of consumer fireworks

shall be effective for one (1) year from the date the license is

issued.

(e) License renewal shall be automatic upon payment of the

appropriate annual license fee under subsection (b), but each

facility shall be subject to annual inspections by the

Department of Agriculture and at other times as the department

may deem appropriate.

(f) No license may be issued to a convicted felon or to an

entity in which a convicted felon owns a percentage of the

equity interest.

Section 2. The act is amended by adding a section to read:

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Section 5.3. (a) In addition to any applicable State or

local tax, a fireworks safety fee is imposed upon the retail

sale of consumer fireworks at the rate of fifteen percent (15%)

of the sale price, including State and local sales tax, per item

sold. The fee shall be collected by the retailer from the

purchaser at the time of the sale and shall be remitted to the

Commonwealth on the same schedule as sales tax payments under

the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform

Code of 1971." Failure to properly collect and remit the fee

shall be grounds for the immediate revocation of the license to

sell consumer fireworks.

(b) The fireworks safety fee paid to the Commonwealth shall

be deposited into a special account in the State Treasury

designated as the Online Training Educator and Training

Reimbursement Account for the purposes of developing, delivering

and sustaining training programs for volunteer and career

firefighters in this Commonwealth. The Office of the State Fire

Commissioner shall distribute:

(1) not more than one million dollars ($1,000,000) of the

fee collected during the first year and five hundred thousand

($500,000) of the fee collected during each subsequent year,

shall establish guidelines for its use and shall provide annual

written report detailing the use of the funds to the chairperson

and minority chairperson of the Agriculture and Rural Affairs

Committee of the Senate, the chairperson and minority

chairperson of the Agriculture and Rural Affairs Committee of

the House of Representatives, the chairperson and minority

chairperson of the Veterans Affairs and Emergency Preparedness

Committee of the Senate and the chairperson and minority

chairperson of the Veterans Affairs and Emergency Preparedness

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Committee of the House of Representatives.

(2) The Auditor General shall periodically audit the account

for compliance with this act. The remainder of the fee collected

shall be transferred annually from the Online Training Educator

and Training Reimbursement Account to the General Fund and shall

be allocated for grants under 35 Pa.C.S. Ch. 78 (relating to

grants to fire companies and emergency medical services

companies).

Section 3. This act shall take effect in 60 days.

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