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07/13/2020 02:26 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=30219
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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: September 5, 2019 04:06 PM
From: Representative Mary Jo Daley
To: All House members
Subject: Municipal fireworks regulation
 
I will shortly introduce legislation amending the state Fireworks Law to reaffirm the authority of municipalities to regulate the manner, time, and location of the use of consumer fireworks.

Since the 2017 enactment of the state Fireworks Law through Act 43, employing the American Pyrotechnics Association 1987 standard to determine permissible devices in Pennsylvania, many larger and more disruptive fireworks have been allowed for private use in the Commonwealth. Many, and perhaps most of us now regularly field complaints from officials and residents in our districts about the disturbances and the risks to people and property, and to the sheer chaos that has been unleashed particularly during July and at New Years.

The risks and the acceptability of bigger and more exciting devices vary significantly among rural, suburban, and urban communities. As a result, I believe no single, cookie-cutter regulation at the state level can effectively restore or maintain local public safety and order. Unfortunately, the enactment of the Fireworks Law also created confusion over whether municipal regulation is now preempted. As a result, while some communities are moving ahead with local regulation, others are waiting to know whether this is permitted.

This legislation will reaffirm municipal authority to provide for the community peace, safety, and order with reasonable requirements on the time, manner and location for using consumer fireworks. I hope you will support this effort to return sanity and safety to our celebrations.

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Introduced as HB1877