|Posted:||April 14, 2021 12:31 PM|
|From:||Senator Gene Yaw and Sen. Elder A. Vogel, Jr.|
|To:||All Senate members|
|Subject:||Modifying Pennsylvania’s Fireworks Law|
In the near future, Senator Vogel and I will be re-introducing Senate Bill 696 from last session to modify Pennsylvania’s existing fireworks law.
In the 2017-2018 Session, Sen. Vogel, Sen. White and myself worked extensively on revising the state’s fireworks law to allow the legalization, sale and use of consumer fireworks to Pennsylvanians. Previously, only out-of-state residents could come to PA and purchase consumer products. Our proposal, Senate Bill 679, was ultimately rolled into the Tax Code in the 2017-2018 session (House Bill 542). The measure also levied an excise tax on all consumer and novelty fireworks and established a special fund for EMS providers and fire company programs.
In the legislation, we also allowed tents, “temporary structures” (in addition to the current brick and mortar stores), to be able to sell consumer fireworks. In permitting consumer products to be sold in tents, we inserted into the law that the temporary structures had to meet relatively recent safety codes established by the National Fire Protection Association (NFPA). Petitioners of a legal challenge before the Commonwealth Court argued that the legislature cannot delegate its rule-making standards to an outside entity that does not answer to state government. The court agreed.
Therefore, as a result of the Commonwealth Court ruling, we are introducing legislation to clarify the concerns identified by the Court.
We hope you will join us in supporting this measure.
Introduced as SB756