PRINTER'S NO. 4128
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2684
Session of
2018
INTRODUCED BY JOZWIAK, STEPHENS, COX, RYAN, DAVIS, MURT, BRIGGS,
DRISCOLL, READSHAW, JAMES, J. McNEILL, STAATS, HILL-EVANS,
MENTZER, DeLUCA, D. COSTA, PETRARCA, ROE, RADER, SCHWEYER,
HENNESSEY AND GILLESPIE, OCTOBER 1, 2018
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
OCTOBER 1, 2018
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, defining the offense of unauthorized sale or use of
consumer fireworks; imposing penalties; and making related
repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 6163 . Unauthorized sale or use of consumer fireworks.
(a) Unauthorized use.--A person commits a summary offense if
the person intentionally:
(1) Ignites or discharges consumer fireworks:
(i) on public or private property without the
express permission of the owner;
(ii) within 150 feet of an occupied structure; or
(iii) before 9 a.m. or after 11 p.m. of any day
except a legal holiday and, for any day which is a legal
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holiday, before 9 a.m. or after 1 a.m. of the following
day.
(2) Ignites or discharges consumer fireworks or
sparkling devices:
(i) within a motor vehicle or building; or
(ii) while the person is under the influence of
alcohol, a controlled substance or another drug.
(3) Discharges or throws consumer fireworks or sparkling
devices:
(i) from, into or at a motor vehicle or building; or
(ii) at another person.
(b) Minors.--It shall be unlawful for a minor to purchase,
possess or use consumer fireworks. A violation of this
subsection is a summary offense.
(c) Temporary structures.--A person who sells consumer
fireworks from a temporary structure commits a misdemeanor of
the second degree if the person does any of the following:
(1) Fails to obtain a license from the Department of
Agriculture in accordance with Article XXIV of the act of
March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971.
(2) Locates the temporary structure closer than 250 feet
from a facility storing, selling or dispensing gasoline,
propane or other flammable products.
(3) Fails to post an evacuation plan in a conspicuous
location in accordance with NFPA 1124.
(4) Fails to separate an outdoor storage unit from the
wholesale or retail sales area such that a purchaser may be
admitted by appropriately rated fire separation.
(5) Fails to comply with NFPA 1124 as it relates to
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retail sales of consumer fireworks in temporary structures.
(6) Prior to January 1, 2023, locates the temporary
structure less than five miles from a permanent facility
licensed as of October 30, 2017, to sell consumer fireworks
under the former act of May 15, 1939 (P.L.134, No.65),
referred to as the Fireworks Law.
(7) Beginning January 1, 2023, locates the temporary
structure less than two miles from a permanent facility
licensed as of October 30, 2017, to sell consumer fireworks
under the former Fireworks Law.
(8) Maintains a temporary structure that exceeds 2,500
square feet.
(9) Fails to secure the temporary structure at all times
during which consumer fireworks are displayed within the
structure.
(10) Maintains less than $2,000,000 in public and
product liability insurance on the temporary structure.
(11) Sells consumer fireworks from a temporary structure
outside the periods of June 15 through July 8 and December 21
through January 2 of each year.
(12) Fails to store consumer fireworks not on display
for retail sale in an outdoor storage unit.
(13) Sells consumer fireworks other than:
(i) Helicopter, Aerial Spinner (APA 87-1, 3.1.2.3).
(ii) Roman Candle (APA 87-1, 3.1.2.4).
(iii) Mine and shell devices not exceeding 500
grams.
(14) Fails to provide security personnel on the premises
for the seven days preceding and including July 4 and for the
three days preceding and including January 2.
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(15) Permits any of the following in the temporary
structure:
(i) Smoking.
(ii) Cigarettes or tobacco products, matches,
lighters or any other flame-producing devices.
(iii) Liquor, beer or wine.
(iv) A person who appears to be under the influence
of intoxicating liquor or drugs.
(v) A minor unaccompanied by an adult.
(16) Fails to provide employees with documented training
in the area of operational safety.
(17) Stores or locates display fireworks in the
temporary structure.
(d) Removal, storage and destruction.--The Pennsylvania
State Police or police officer 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 section.
The owner shall also be responsible for the storage and, if
deemed necessary, the destruction of the fireworks.
(e) Construction.--Nothing in this section shall be
construed to apply to display fireworks lawfully possessed or
used in accordance with Article XXIV of the Tax Reform Code of
1971 .
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection 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
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edition, or any subsequent edition.
"Consumer fireworks." As follows:
(1) The term includes any combustible or explosive
composition or any substance or combination of substances
which:
(i) is intended to produce visible or audible
effects by combustion;
(ii) is suitable for use by the public;
(iii) 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
(iv) complies with the provisions for "consumer
fireworks" as defined in APA 87-1 or any successor
standard.
(2) The term does not include display fireworks or
devices such as "ground and hand-held sparkling devices,"
"novelties" or "toy caps" in APA 87-1 or any successor
standard.
"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:
(1) salutes that contain more than two grains or 130
milligrams of explosive materials;
(2) aerial shells containing more than 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
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under 49 CFR 172.101 (relating to purpose and use of
hazardous materials table).
"Minor." An individual under 18 years of age.
"NFPA 1124." The National Fire Protection Association
Standard 1124, Code for the Manufacture, Transportation, and
Storage 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.
"Outdoor storage unit." A consumer fireworks building,
trailer, semitrailer, metal shipping container or magazine
meeting the specifications of NFPA 1124.
"Temporary structure." A structure, other than a permanent
facility with fixed utility connections, which 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.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraph (2) are necessary to effectuate the addition of 18
Pa.C.S. ยง 6163.
(2) Sections 2404(b) and 2414(1) and (2) of the act of
March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971, are repealed.
Section 3. This act shall take effect in 60 days.
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