Regular Session 2019-2020 Senate Bill 1227 P.N. 1845

PRINTER'S NO. 1845

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1227

Session of

2020

INTRODUCED BY SCHWANK, STREET, COLLETT, TARTAGLIONE, MUTH,

DINNIMAN AND IOVINO, JULY 13, 2020

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JULY 13, 2020

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," repealing provisions relating to fireworks.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Article XXIV of the act of March 4, 1971 (P.L.6,

No.2), known as the Tax Reform Code of 1971, is repealed:

[ARTICLE XXIV

FIREWORKS

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

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

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).

"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.

Section 2402. Permits.

(a) Permissible purposes.--Display fireworks may be

possessed and used by a person holding a permit from a

municipality at the display covered by the permit or when used

as authorized by a permit for any of the following:

(1) For agricultural purposes in connection with the

raising of crops and the protection of crops from bird and

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animal damage.

(2) By railroads or other transportation agencies for

signal purposes or illumination.

(3) In quarrying or for blasting or other industrial

use.

(4) In the sale or use of blank cartridges for a show or

theater.

(5) For signal or ceremonial purposes in athletics or

sports.

(6) By military organizations or organizations composed

of veterans of the armed forces of the United States.

(b) Age limitation.--A display fireworks permit may not be

issued to a person under 21 years of age.

require a bond deemed adequate by it from the permittee in a sum

not less than $50,000 conditioned for the payment of all damages

which may be caused to a person or property by reason of the

display and arising from an act of the permittee or an agent, an

employee or a subcontractor of the permittee.

Section 2403. Request for extension.

(a) Authorization.--If, because of unfavorable weather, the

display for which a permit has been granted does not occur at

the time authorized by the permit, the person to whom the permit

was issued may within 24 hours apply for a request for extension

to the municipality which granted the permit.

(b) Contents of request.--The request for extension shall

state under oath that the display was not made, provide the

reason that the display was not made and request a continuance

of the permit for a date designated within the request, which

shall be not later than one week after the date originally

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designated in the permit.

extension, the municipality, if it believes that the facts

stated within the request are true, shall extend the provisions

of the permit to the date designated within the request, which

shall be not later than one week after the date originally

designated in the permit.

(d) Conditions.--The extension of time shall be granted

without the payment of an additional fee and without requiring a

bond other than the bond given for the original permit, the

provisions of which shall extend to and cover all damages which

may be caused by reason of the display occurring at the extended

date and in the same manner and to the same extent as if the

display had occurred at the date originally designated in the

permit.

Section 2404. Use of consumer fireworks.

(a) Conditions.--A person who is at least 18 years of age

and meets the requirements of this article may purchase, possess

and use consumer fireworks.

(b) Prohibitions.--A person may not intentionally ignite or

discharge:

(1) Consumer fireworks on public or private property

without the express permission of the owner.

(2) Consumer fireworks or sparkling devices within, or

throw consumer fireworks or sparkling devices from, a motor

vehicle or building.

(3) Consumer fireworks or sparkling devices into or at a

motor vehicle or building or at another person.

(4) Consumer fireworks or sparkling devices while the

person is under the influence of alcohol, a controlled

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substance or another drug.

(5) Consumer fireworks within 150 feet of an occupied

structure.

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.

Section 2405. Agricultural purposes.

(a) Authorization.--The governing body of a municipality

may, under reasonable rules and regulations adopted by it, grant

permits for the use of suitable fireworks for agricultural

purposes in connection with the raising of crops and the

protection of crops from bird and animal damage.

(b) Duration of permit.--A permit under this section shall

remain in effect for the calendar year in which it was issued.

granted, sales, possession and use of fireworks of the type and

for the purpose mentioned in the permit shall be lawful for that

purpose only.

Section 2406. Rules and regulations by municipality.

(a) Authorization.--Permission shall be given by the

governing body of a municipality under reasonable rules and

regulations for displays of display fireworks to be held within

the municipality.

(b) Conditions.--

(1) Each display shall be:

(i) handled by a competent operator; and

(ii) of a character and so located, discharged or

fired as, in the opinion of the chief of the fire

department or other appropriate officer as may be

designated by the governing body of the municipality,

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after proper inspection, to not be hazardous to property

or endanger any person.

(2) After permission is granted under this section,

possession and use of display fireworks for display shall be

lawful for that purpose only.

(3) A permit shall be transferable.

Section 2407. Sales locations.

Except as provided in section 2410, 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.--

(1) An initial application for a license to sell

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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.

(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.

(1) A facility meeting the requirements of section 2407

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

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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.

(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 2409. Conditions for facilities.

A facility licensed by the Department of Agriculture shall be

exclusively dedicated to the storage and sale of consumer

fireworks and related items, and the facility shall operate in

accordance with the following rules:

(1) There shall be security personnel on the premises

for the seven days preceding and including July 4 and for the

three days preceding and including January 2.

(2) No smoking shall be permitted in the facility.

(3) No cigarettes or tobacco products, matches, lighters

or any other flame-producing devices shall be permitted to be

taken into the facility.

(4) No minors shall be permitted in the facility unless

accompanied by an adult, and each minor shall stay with the

adult in the facility.

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(5) All facilities shall carry at least $2,000,000 in

public and product liability insurance.

(6) A licensee shall provide its employees with

documented training in the area of operational safety of a

facility. The licensee shall provide to the Department of

Agriculture written documentation that each employee has

received the training.

(7) No display fireworks shall be stored or located at a

facility.

(8) No person who appears to be under the influence of

intoxicating liquor or drugs shall be admitted to the

facility, and no liquor, beer or wine shall be permitted in

the facility.

(9) Emergency evacuation plans shall be conspicuously

posted in appropriate locations within the facility.

Section 2410. Temporary structures.

(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

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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.

(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 2411. Attorney General.

(a) Registration.--Any business entity which performs,

provides or supervises fireworks displays or exhibitions for

profit shall register annually with the Attorney General.

(b) Rules.--The Attorney General shall promulgate rules to

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implement this section.

Section 2412. Consumer fireworks tax.

(a) Imposition.--In addition to any other tax imposed by

law, a tax is imposed on each separate sale at retail of

consumer fireworks, which tax shall be collected by the retailer

from the purchaser at the time of sale and shall be paid over to

the Commonwealth as provided in this section. A tax imposed

under this subsection on each separate sale at retail shall be

paid to and received by the Department of Revenue and, along

with interest and penalties, shall be deposited into the General

Fund.

(b) Rate.--The tax authorized under subsection (a) shall be

imposed and collected at the rate of 12% of the purchase price

per item sold. The purchase price shall include State and local

sales taxes.

VI of Article II shall apply to the tax authorized under

subsection (a). No additional fee shall be charged for a license

or license renewal other than the license or annual license fee

required under section 2408 and the license or renewal fee

authorized and imposed under Article II.

Section 2413. Disposition of certain funds.

(a) Transfer.--One-sixth of the tax collected under this

article in a fiscal year, not to exceed $2,000,000, shall be

transferred annually for use as follows:

(1) Seventy-five percent of the amount transferred under

this subsection shall be used for the purpose of making

grants under 35 Pa.C.S. Ch. 78 Subch. C (relating to

Emergency Medical Services Grant Program).

(2) Twenty-five percent of the amount transferred under

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this subsection shall be deposited into a special account in

the State Treasury designated as the Online Training Educator

and Training Reimbursement Account for the purposes of

developing, delivering and sustaining training programs for

volunteer firefighters in this Commonwealth.

(b) Payments.--The transfer required under subsection (a)

shall be made by September 15, 2018, and each September 15

thereafter.

Section 2414. Penalties.

The following shall apply:

(1) A person using consumer fireworks in violation of

the provisions of this article commits a summary offense and,

upon conviction, shall be punished by a fine of not more than

$100.

(2) A person selling consumer fireworks in violation of

the provisions of this act commits a misdemeanor of the

second degree.

(3) A person selling display fireworks in violation of

the provisions of this act commits a felony of the third

degree.

(4) A person selling federally illegal explosives such

as devices as described in 49 CFR 173.54 (relating to

forbidden explosives) or those devices that have not been

tested, approved and labeled by the United States Department

of Transportation, including, but not limited to, those

devices commonly referred to as M-80, M-100, blockbuster,

cherry bomb or quarter or half stick explosive devices, in

violation of the provisions of this act commits a felony of

the third degree.

Section 2415. Removal, storage and destruction.

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The Pennsylvania State Police, a sheriff 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 article. The owner shall also be responsible

for the storage and, if deemed necessary, the destruction of

these fireworks.

Section 2416. Transition.

A person who, on the effective date of this section, holds a

license under the former act of May 15, 1939 (P.L.134, No.65),

referred to as the Fireworks Law, may continue the activity

permitted by the license for a period of 90 days following the

effective date of this section or the date the license expires

by the terms of the license, whichever is sooner. After the

expiration of the 90-day period or the license, whichever is

sooner, the person must obtain the license required under this

article to continue the permitted activity, if applicable.]

Section 2. This act shall take effect in 60 days.

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