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PRINTER'S NO. 842
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
696
Session of
2019
INTRODUCED BY YAW, VOGEL, DiSANTO, K. WARD AND STEFANO,
MAY 31, 2019
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 31, 2019
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
for tax credits in certain cases; conferring powers and
imposing duties upon the Department of Revenue, certain
employers, fiduciaries, individuals, persons, corporations
and other entities; prescribing crimes, offenses and
penalties," in fireworks, further providing for definitions,
for use of display fireworks, for sales locations and for
fees, granting of licenses and inspections, repealing
provisions relating to temporary structures and providing for
short-term structures.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2401, 2404.1, 2407 and 2408 of the act
of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971, are amended to read:
Section 2401. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"APA 87-1." The American Pyrotechnics Association Standard
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87-1: Standard for Construction and Approval for Transportation
of Fireworks, Novelties, and Theatrical Pyrotechnics, 2001
edition, or any subsequent edition.
"Consumer fireworks."
(1) Any combustible or explosive composition or any
substance or combination of substances which is intended to
produce visible or audible effects by combustion, is suitable
for use by the public, 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 complies with the provisions for "consumer
fireworks" as defined in APA 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" or "toy caps" in
APA 87-1 or any successor standard, the sale, possession and
use of which shall be permitted at all times throughout this
Commonwealth.
"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
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and are classified as fireworks UN0333, UN0334 or UN0335
under 49 CFR 172.101 (relating to purpose and use of
hazardous materials table).
"Municipality." A city, borough, incorporated town or
township.
"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 in use or in
place for a period of 20 consecutive calendar days or less and
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 meeting the
specifications of NFPA 1124. The term shall not include a
facility that is not licensed to sell consumer fireworks under
this article.]
"Short-term structure." A structure, other than a permanent
facility with fixed utility connections, which is in use or in
place for a period of 20 consecutive calendar days or less and
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. The term shall not
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include a facility that is not licensed to sell consumer
fireworks under this article.
Section 2404.1. Use of display fireworks.
No display fireworks shall be ignited within 300 feet of a
facility that meets the requirements of section 2407 or [2410]
2410.1.
Section 2407. Sales locations.
[Except as provided in section 2410] Subject to section
2410.1, consumer fireworks shall be sold only from facilities
which 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 a stand-alone, permanent
structure.
(3) Storage areas shall be separated from wholesale or
retail sales areas to which a purchaser may be admitted by
appropriately rated fire separation.
(4) The facility shall be located no closer than 250
feet from a facility selling or dispensing gasoline, propane
or other flammable products.
(5) The facility shall be located at least 1,500 feet
from another 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 2408. Fees, granting of licenses and inspections.
(a) Initial application fees.--
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(1) An initial application for a license to sell
consumer fireworks shall be submitted to the Department of
Agriculture on forms prescribed and provided by the
department with a nonrefundable application fee as follows:
(i) For a facility meeting the requirements of
section 2407, the application shall be submitted with a
nonrefundable application fee of $2,500.
[(ii) For a facility meeting the requirements of
section 2410, the application shall be submitted with a
nonrefundable application fee of $1,000 no later than 60
days prior to the first day of sale.]
(iii) For a facility meeting the requirements of
section 2410.1, the application shall be submitted with a
nonrefundable application fee of $1,000 on or before 60
days prior to the first day of sale.
(2) An application under paragraph (1) shall also be
accompanied by the appropriate annual license fee as provided
in subsection (b).
(b) Annual license fees.--The annual license fee for a
facility licensed to sell consumer fireworks shall be as
follows:
(1) $7,500 for a location up to 10,000 square feet;
(2) $10,000 for a location greater than 10,000 and up to
15,000 square feet;
(3) $20,000 for a location greater than 15,000 square
feet; and
[(4) $3,000 for a temporary structure.]
(5) $3,000 for a short-term structure.
(c) Time limitations and inspections.--
(1) A facility meeting the requirements of section 2407
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shall be inspected by the Department of Agriculture within 30
days of receipt of a complete application for a license. The
Department of Agriculture shall issue or deny a license
within 14 days of completing the inspection.
[(2) The Department of Agriculture shall issue or deny a
license for a facility meeting the requirements of section
2410 no later than 10 days prior to the first day of sale.
The facility shall be available for inspection by the
Department of Agriculture for compliance with NFPA 1124 at
all times during the licensed selling period.]
(3) The Department of Agriculture shall issue or deny a
license for a facility meeting the requirements of section
2410.1 no later than 10 days prior to the first day of sale.
The facility shall be available for inspection by the
Department of Agriculture or a designee for compliance with
applicable regulations at all times during the licensed
selling period.
(d) Term of license.--A license issued for the sale of
consumer fireworks shall be effective for one year from the date
the license is issued.
(e) License renewal and inspections.--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) Condition.--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. Section 2410 of the act is repealed:
[Section 2410. Temporary structures.
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(a) Conditions.--Notwithstanding section 2407 or any other
provision of law, a temporary structure may be licensed by the
Department of Agriculture to sell consumer fireworks if the
temporary structure meets all of the following requirements:
(1) The temporary structure is located no closer than
250 feet from a facility storing, selling or dispensing
gasoline, propane or other flammable products.
(2) An evacuation plan is posted in a conspicuous
location for a temporary structure in accordance with NFPA
1124.
(3) The outdoor storage unit, if any, is separated from
the wholesale or retail sales area to which a purchaser may
be admitted by appropriately rated fire separation.
(4) The temporary structure complies with NFPA 1124 as
it relates to retail sales of consumer fireworks in temporary
structures.
(5) The temporary structure is located one of the
following distances from a permanent facility licensed to
sell consumer fireworks under the former act of May 15, 1939
(P.L.134, No.65), referred to as the Fireworks Law, at the
time of the effective date of this article:
(i) Prior to January 1, 2023, at least five miles.
(ii) Beginning January 1, 2023, at least two miles.
(6) The temporary structure does not exceed 2,500 square
feet.
(7) The temporary structure is secured at all times
during which consumer fireworks are displayed within the
structure.
(8) The temporary structure has a minimum of $2,000,000
in public and product liability insurance.
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(9) The sales period is limited to June 15 through July
8 and December 21 through January 2 of each year.
(10) Consumer fireworks not on display for retail sale
are stored in an outdoor storage unit.
(b) Limitations.--The sale of consumer fireworks from the
temporary structure is limited to the following:
(1) Helicopter, Aerial Spinner (APA 87-1, 3.1.2.3).
(2) Roman Candle (APA 87-1, 3.1.2.4).
(3) Mine and shell devices not exceeding 500 grams.]
Section 3. The act is amended by adding a section to read:
Section 2410.1. Short-term structures.
(a) Conditions.--Notwithstanding section 2407 or any other
provision of law, a short-term structure may be licensed by the
Department of Agriculture to sell consumer fireworks if the
short-term structure meets all of the following requirements:
(1) The short-term structure is located no closer than
250 feet from a facility storing, selling or dispensing
gasoline, propane or other flammable products.
(2) An evacuation plan is posted in a conspicuous
location for a short-term structure in accordance with
regulations of the Department of Agriculture.
(3) The outdoor storage unit, if any, is separated from
the wholesale or retail sales area to which a purchaser may
be admitted by appropriately rated fire separation.
(4) The short-term structure is located one of the
following distances from a permanent facility licensed to
sell consumer fireworks under the former act of May 15, 1939
(P.L.134, No.65), referred to as the Fireworks Law, as of
October 30, 2017:
(i) Prior to January 1, 2023, at least five miles.
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(ii) Beginning January 1, 2023, at least two miles.
(5) The short-term structure does not exceed 2,500
square feet.
(6) The short-term structure is secured at all times
during which consumer fireworks are displayed within the
short-term structure.
(7) The short-term structure has a minimum of $2,000,000
in public and product liability insurance.
(8) The sales period is limited to June 15 through July
8 and December 21 through January 2 of each year.
(9) Consumer fireworks not on display for retail sale
are stored in an outdoor storage unit.
(b) Limitations.--The sale of consumer fireworks from the
short-term structure is limited to the following:
(1) Helicopter, Aerial Spinner (APA 87-1, 3.1.2.3).
(2) Roman Candle (APA 87-1, 3.1.2.4).
(3) Mine and shell devices not exceeding 500 grams.
Section 4. This act shall take effect immediately.
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