PRINTER'S NO. 1142
No. 996 Session of 2005
INTRODUCED BY LaGROTTA, DeWEESE, BEBKO-JONES, BELFANTI, BROWNE,
CALTAGIRONE, CORRIGAN, CRAHALLA, EACHUS, J. EVANS, FABRIZIO,
FREEMAN, GEIST, GEORGE, GOODMAN, HARPER, HERSHEY, JAMES,
LEACH, LEDERER, McGEEHAN, MELIO, S. MILLER, PISTELLA,
SAMUELSON, SOLOBAY, STABACK, E. Z. TAYLOR, THOMAS, WALKO,
WASHINGTON AND YOUNGBLOOD, MARCH 16, 2005
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 16, 2005
AN ACT
1 Amending the act of April 27, 1927 (P.L.465, No.299), entitled,
2 as amended, "An act to provide for the safety of persons
3 employed, housed, or assembled in certain buildings and
4 structures by requiring certain construction and ways of
5 egress, equipment, and maintenance; providing for the
6 licensing of projectionists, except in cities of the first
7 class and second class; requiring the submission of plans for
8 examination and approval; providing for the promulgation of
9 rules and regulations for the enforcement of this act;
10 providing for the enforcement of this act by the Department
11 of Labor and Industry, the Department of Health, boards of
12 school directors and, in certain cases, by the chiefs of fire
13 departments in cities of the third class; providing penalties
14 for violations of the provisions of this act; and repealing
15 certain acts," regulating for pyrotechnics in certain
16 buildings.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The act of April 27, 1927 (P.L.465, No.299),
20 referred to as the Fire and Panic Act, is amended by adding a
21 section to read:
22 Section 3.7. Pyrotechnics.--(a) Pyrotechnics may not be
23 used in a Class I building or a Class II building.
1 (b) Pyrotechnics may not be used in a Class III building
2 unless the owner of the building obtains a permit from the
3 safety authority in the political subdivision in which the
4 building is located and approval by the State Fire Commissioner.
5 (c) The safety authority shall grant a permit if it
6 determines, based on a plan submitted by the owner in accordance
7 with subsection (d) and any investigation it deems necessary,
8 that the use of pyrotechnics will comply with regulations under
9 subsection (e).
10 (d) The Department of Labor and Industry, in consultation
11 with the commissioner, shall prescribe a form for the plan to be
12 submitted by the owner to the safety authority. The form shall
13 provide for at least all of the following:
14 (1) The number and types of pyrotechnic devices and
15 materials to be used, the pyrotechnic operator's experience with
16 those devices and special effects, and a definition of the
17 general responsibilities of the pyrotechnic assistants.
18 (2) A diagram of the grounds or facilities where the
19 pyrotechnics will be used. The diagram must show the point at
20 which the pyrotechnic devices are to be fired, the fallout
21 radius for each pyrotechnic device used and the lines behind
22 which any audience observing the pyrotechnics will be
23 restrained.
24 (3) Certification that the set, scenery and rigging
25 materials are inherently flame-retardant or have been treated to
26 achieve flame retardancy.
27 (4) Certification that all material worn by any performers
28 in the fallout area during use of pyrotechnic special effects
29 are inherently flame-retardant or have been treated to achieve
30 flame retardancy.
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1 (e) The department, in consultation with the commissioner,
2 shall promulgate regulations necessary to implement this
3 section. The regulations shall refer to the National Fire
4 Protection Association's "Standard for the Use of Pyrotechnics
5 Before a Proximate Audience" and shall include at least the
6 following requirements:
7 (1) A requirement that each pyrotechnic device fired during
8 a special effect performance be separated from the audience by
9 at least fifteen (15) feet but not less than twice the fallout
10 radius of the device.
11 (2) A requirement that concession mortars to be separated
12 from the audience by a minimum of twenty-five (25) feet.
13 (3) A prohibition of glowing and flaming particles within
14 ten (10) feet of the audience.
15 (4) A prohibition of part, projectile or debris from the
16 pyrotechnic material or device being propelled so that it
17 damages overhead properties, overhead equipment or the ceiling
18 and walls of the performance site.
19 (5) Verification that:
20 (i) each pyrotechnic operator is at least twenty-one (21)
21 years of age; and
22 (ii) each pyrotechnic assistant is at least eighteen (18)
23 years of age.
24 (6) Standards on use of pyrotechnics in buildings with
25 polyurethane sound proofing.
26 (f) Definitions.--As used in this section, the following
27 words and phrases shall have the meanings given to them in this
28 subsection:
29 "Pyrotechnic assistant" means an individual who assists the
30 pyrotechnic operator.
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1 "Pyrotechnic device" means any device containing pyrotechnic
2 material and capable of producing a special effect. The term
3 includes an airburst, electric match, comet, crossette, flame
4 projector, flash pot, sparkle pot, concussion effect, flash
5 tray, indoor lance, line rocket, saxon, mine, gerbe and any
6 other device which uses flammable or heated materials.
7 "Pyrotechnic material" means a chemical mixture used in the
8 entertainment industry to produce visible or audible effects by
9 combustion, deflagration or detonation.
10 "Pyrotechnic operator" means an individual who has
11 responsibility for pyrotechnic safety and who controls,
12 initiates or otherwise creates special effects with
13 pyrotechnics.
14 "Pyrotechnics" means controlled exothermic chemical reactions
15 which are timed to create the effects of heat, gas, sound,
16 dispersion of aerosols or emission of visible electromagnetic
17 radiation, or a combination of these effects to provide the
18 maximum effect from the least volume.
19 "Safety authority" means the individual or agency designated
20 by charter, ordinance or resolution of a political subdivision
21 as responsible for fire safety in the political subdivision.
22 "Special effect" means a visual or audible effect used for
23 entertainment purposes.
24 Section 2. This act shall take effect in 60 days.
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