PRINTER'S NO. 1001
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
988
Session of
2021
INTRODUCED BY SCHWEYER, McNEILL, SCHLOSSBERG, FREEMAN, ROZZI,
SAMUELSON, T. DAVIS, DEASY, DRISCOLL, GUENST, HARKINS,
HENNESSEY, HERRIN, HILL-EVANS, HOHENSTEIN, HOWARD, ISAACSON,
KENYATTA, KIM, KINKEAD, KINSEY, MADDEN, MALAGARI, NEILSON,
N. NELSON, O'MARA, PASHINSKI, SANCHEZ, SAPPEY, SHUSTERMAN,
SIMS AND ZABEL, MARCH 19, 2021
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 19, 2021
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, providing for fireworks; imposing penalties; and
making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part II heading of Title 3 of the Pennsylvania
Consolidated Statutes is amended to read:
PART II
PRODUCTS IN GENERAL
[(Reserved)]
Section 2. Part II of Title 3 is amended by adding a chapter
to read:
CHAPTER 11
FIREWORKS
Sec.
1101. Definitions.
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1102. Bond requirement.
1103. Permit extension.
1104. Consumer fireworks and display fireworks.
1105. Agricultural and display permits.
1106. Consumer fireworks sales.
1107. Applications for licenses to sell consumer fireworks.
1108. Licensed facility operations.
1109. Registration with Attorney General.
1110. Penalties.
1111. Removal of illegal fireworks.
§ 1101. Definitions.
The following words and phrases when used in this chapter
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.
"Consumer fireworks." As follows:
(1) The term includes all of the following:
(i) Any combustible or explosive composition or any
substance or combination of substances intended to
produce visible or audible effects by combustion and
which is suitable for use by the public in accordance
with the construction, performance, composition and
labeling requirements promulgated by the CPSC 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.
(ii) Aerial devices and audible ground devices.
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(2) The term does not include "ground" and "handheld
sparkling devices," "novelties" and "toy caps" in APA 87-1,
which may be sold, possessed and used at all times in this
Commonwealth.
"CPSC." The United States Consumer Product Safety
Commission.
"Department." The Department of Agriculture of the
Commonwealth.
"Display fireworks." As defined in 27 CFR 555.11 (relating
to meaning of terms).
"Municipality." A city, borough, incorporated town or
township.
§ 1102. Bond requirement.
The governing body of a municipality shall require a bond
from a person who holds a permit to use consumer fireworks or
display fireworks in a sum not less than $500 conditioned for
the payment of all damages which may be caused to a person or
property by reason of the fireworks display and arising from any
acts of the permittee or the permittee's agents, employees or
subcontractors.
§ 1103. Permit extension.
The following apply:
(1) If unfavorable weather causes a fireworks display
for which a permit has been granted not to take place at the
time authorized, the person who holds a permit for the
display may within 24 hours apply to the governing body of a
municipality which granted the permit for an extension of the
permit.
(2) The application under paragraph (1) shall attest
that the fireworks display did not occur, provide the reasons
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why the display did not occur and request a continuance of
the permit for a day designated in the permit no later than
one week after the day fixed originally in the permit.
(3) Upon receiving an application under paragraph (1),
if the governing body of the municipality concludes that the
facts in the application are true, the governing body of the
municipality shall extend the provisions of the permit to the
day designated in the application. The extension of time
shall be granted without the payment of an additional fee and
without requiring a bond other than the bond under section
1102 (relating to bond requirement). The bond under section
1102 shall extend to and cover all damages which may be
caused by reason of the fireworks display taking place at the
extended date in the same manner and to the same extent as if
the display had taken place at the date originally fixed in
the permit.
§ 1104. Consumer fireworks and display fireworks.
(a) Construction.--Nothing in this chapter shall be
construed to prohibit a facility licensed under this chapter
from selling consumer fireworks, including the year-round sale
of consumer fireworks, to an out-of-State resident whose status
is verified to the licensee if the licensee retains proof of the
verified status, produces proof of the verified status for
review upon request by the department and the consumer fireworks
are transported directly out of State by the seller or
purchaser.
(b) Authorization.--Consumer fireworks and display fireworks
may be purchased and possessed by a person holding a permit from
a municipality for use in any of the following circumstances, as
authorized in such permit:
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(1) At a fireworks display.
(2) Agricultural purposes in connection with the raising
of crops and the protection of crops from bird and animal
damage.
(3) By railroads or other transportation agencies for
signal purposes or illumination.
(4) In quarrying or for blasting or other industrial
use.
(5) Blank cartridges for a show or theater, including
the sale of blank cartridges for a show or theater.
(6) Signal or ceremonial purposes in athletics or
sports.
(7) By military organizations or organizations composed
of veterans of the United States Armed Forces.
(c) Prohibition.--A permit for use of consumer fireworks and
display fireworks may not be issued to an individual under 18
years of age.
§ 1105. Agricultural and display permits.
(a) Agricultural permits.--The following apply:
(1) The governing body of a municipality may, in
accordance with the reasonable rules or regulations adopted
by the governing body of the municipality, 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.
(2) A permit granted under this subsection shall be
valid for the calendar year when the permit was issued.
(3) After a permit is granted under this subsection, the
sale, possession and use of fireworks of the type and for the
purpose mentioned in the permit shall be lawful for that
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purpose only.
(b) Display permits.--The following apply:
(1) The governing body of a municipality may, in
accordance with the reasonable rules or regulations adopted
by the governing body of the municipality, grant permits for
displays of consumer fireworks and display fireworks.
(2) A fireworks display under this subsection shall be
handled by a competent operator.
(3) In the determination of the chief of the fire
department or other officer as may be designated by the
governing body of the municipality and after proper
inspection, a fireworks display under this subsection shall
be located, discharged or fired as not to be hazardous to a
property or endanger a person.
(4) After a permit is granted under this subsection, the
purchase, possession and use of consumer fireworks and
display fireworks for the fireworks display shall be lawful
for that purpose only. The permit shall not be transferable.
§ 1106. Consumer fireworks sales.
Consumer fireworks shall be sold only from a facility which
is licensed by the department and meets 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 in a stand-alone building and
shall be no larger than 12,000 square feet.
(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
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feet from any facility selling or dispensing gasoline,
propane or other such flammable products.
(5) The facility shall be located at least 250 feet from
any other 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.
§ 1107. Applications for licenses to sell consumer fireworks.
(a) Applications.--An application for a license to sell
consumer fireworks must be submitted to the department on forms
prescribed and provided by the department. The application shall
be accompanied by an annual license fee of $5,000 per location.
(b) Inspection.--The following apply:
(1) A facility in existence on the effective date of
this section and a new facility shall be inspected by the
department within 30 days of receipt of a complete
application for a license. The department shall issue a
license or deny a license within 14 days of completing the
inspection.
(2) A license shall be effective for one year from the
date the license is issued, and renewal of a license shall be
automatic upon payment of the license fee.
(3) Each licensed facility shall be subject to an annual
inspection by the department and at other times in the
discretion of the department during normal business hours.
(c) Prohibition.--No license for the sale of consumer
fireworks shall be issued to a convicted felon or to an entity
where a convicted felon owns any percentage of the equity
interest in the entity.
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§ 1108. Licensed facility operations.
(a) Operations.--A facility licensed under section 1107
(relating to applications for licenses to sell consumer
fireworks) shall be exclusively dedicated to the storage and
sale of consumer fireworks and related items and the licensed
facility shall operate in accordance with the following:
(1) There shall be security personnel on the premises of
the licensed facility from June 28 through July 4 of each
year and from December 30 through January 2 of each year.
(2) No smoking shall be permitted in the licensed
facility.
(3) No cigarettes or tobacco products, matches, lighters
or any other flame-producing devices shall be permitted to be
taken into the licensed facility.
(4) No individual under 18 years of age shall be
permitted in the licensed facility unless accompanied by an
adult and an individual under 18 years of age shall stay with
an adult in the licensed facility.
(5) The licensed facility shall carry at least
$2,000,000 in public and product liability insurance.
(6) No display fireworks shall be stored or located at a
licensed facility.
(7) No individual who appears to be under the influence
of intoxicating liquor or drugs shall be admitted to the
licensed facility and no liquor, beer or wine shall be
permitted in the licensed facility.
(8) No consumer fireworks or display fireworks shall be
ignited within 300 feet of the licensed facility.
(9) Emergency evacuation plans shall be conspicuously
posted in appropriate locations within the licensed facility.
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(b) Training.--A licensee shall provide the licensee's
employees with documented training in the area of operational
safety of a facility. The licensee shall provide written
documentation to the department showing that each employee has
received training under this subsection.
§ 1109. Registration with Attorney General.
An entity which performs, provides or supervises fireworks
displays or exhibitions for profit shall register annually with
the Attorney General in accordance with 37 Pa. Code Ch. 711
(relating to registration for fireworks displays).
§ 1110. Penalties.
(a) Use of consumer fireworks.-- A person who uses consumer
fireworks in violation of the provisions of this chapter
commits a summary offense and, upon conviction, shall be
sentenced to pay a fine of not more than $500 and the following
shall apply:
(1) A person using consumer or display fireworks in
violation of the provisions of this chapter for a second or
subsequent offense shall be sentenced to pay a fine of
$1,000.
(2) In addition to the penalty under paragraph (1), each
firework in the possession of a person using fireworks in
violation of the provisions of this chapter for a second or
subsequent offense shall be confiscated and disposed of by
law enforcement.
(3) Notwithstanding any other provision of law to the
contrary, money collected from fines under this section shall
be retained by the municipality in which the violation
occurred and shall be used by law enforcement to increase
enforcement actions related to violations under this section.
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(b) Sale of consumer fireworks.--A person who sells consumer
fireworks in violation of the provisions of this chapter commits
a misdemeanor of the second degree.
(c) Sale of display fireworks.--A person who sells display
fireworks in violation of the provisions of this chapter commits
a felony of the third degree.
(d) Sale of illegal explosives.--A person commits a felony
of the third degree if the person sells any of the following:
(1) Illegal explosives as specified in 49 CFR 173.54
(relating to forbidden explosives).
(2) Illegal explosives in violation of any Federal law.
(3) Any explosive devices which 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," "quarter stick" or "half stick."
§ 1111. Removal of illegal fireworks.
The Pennsylvania State Police, an individual employed as a
municipal police officer as defined in 42 Pa.C.S. § 8951
(relating to definitions) who holds a current certificate under
53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police
education and training), a sheriff or a deputy sheriff shall
take, remove or cause to be removed at the expense of the owner
all stocks of consumer fireworks or display fireworks or
combustibles used, offered or exposed for sale, stored or held
in violation of this chapter. The owner shall be responsible for
the storage and, if deemed necessary, the destruction of the
illegal fireworks.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeal under
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paragraph (2) is necessary to effectuate the addition of 3
Pa.C.S. Ch. 11.
(2) Article XXIV of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971, is repealed.
Section 4. This act shall take effect in 60 days.
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