|
Fireworks
Law More Information
PSATS Clarifies
Misinformation Circulating About State Fireworks Law
Information on State Fireworks Law
In late 2004, Gov. Ed Rendell signed Act 204, which made major
changes to the Fireworks Law of 1939. The law not only regulates
facilities that sell fireworks but it also requires them to be
licensed by the state Department of Agriculture.
Since Act 204 took effect, misinformation has circulated about
townships' responsibilities under the law. Rumors have focused on a
"new" provision that authorizes municipalities to grant permits to
individuals or groups for otherwise illegal fireworks displays. In
actuality, this law has been in existence since 1939 and allows
townships to adopt reasonable regulations for permitted displays of
fireworks. Under the regulations, the township must verify that the
person applying for the permit is a competent operator and require a
bond of at least $500 (PSATS suggests a minimum bond of $1 million).
Also, the township's fire chief or other designated official must
inspect the display site to ensure it is safe. Townships should note
that a local display permit is needed even if the operator is
licensed by the Attorney General and that they are not required to
grant permits to everyone who requests one. They should also be sure
to consult their solicitor before adopting a fireworks permit
ordinance.
In a related matter, a number of townships have been presented
with fake "official state fireworks permits." These forms
incorrectly state that all that is needed for permit approval is the
signature of a township official. Please keep in mind, there are no
such state forms, and if you receive one, PSATS recommends that you
do not sign it.
For more information about the Fireworks Law go to
www.psats.org or
call PSATS at (717) 763-0930.
§ 1271. Definitions
The term “consumer fireworks (Class C)” shall mean and include:
(1) Any combustible or explosive composition or any substance or
combination of substances, intended to produce visible and/or
audible effects by combustion and which is suitable for use by the
public that 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 which complies with the provisions for
“consumer fireworks (Class C)” as defined in the American
Pyrotechnics Association (APA) Standard 87-1, or any successor
standard.
(2) The term does not include devices as “ground and hand-held
sparkling devices,” “novelties” and “toy caps” in APA Standard 87-1,
the sale, possession and use of which shall be permitted at all
times throughout this Commonwealth.
The term “display fireworks (Class B)” shall be defined as
provided in 27 CFR § 555.11 (relating to meaning of terms).
The term “municipalities” shall include cities, boroughs,
incorporated towns and townships.
1939, May 15, P.L. 134, § 1. Amended 1959, June 24, P.L. 486, §
1; 1973, Nov. 9, P.L. 335, No. 112, § 1; 2004, Nov. 30, P.L. 1598,
No. 204, § 2, imd. effective.
§ 1273. Licensee’s bond
The governing body of the municipality shall require a bond
deemed adequate by it from the licensee in the sum not less than
five hundred dollars ($500) conditioned for the payment of all
damages which may be caused either to a person or persons, or to
property by reason of the licensed display and arising from any acts
of the licensee, his agents, employees or subcontractors.
1939, May 15, P.L. 134, § 3.
§1274. Extension of permit when display prevented by
unfavorable weather
If by reason of unfavorable weather the display for which a
permit has been granted does not take place at the time so
authorized, the person to whom such permit was issued may within
twenty-four hours apply to the authority having granted the same,
setting forth under oath the fact that such display was not made,
given the reason therefore, and requesting a continuance of such
permit for a day designated therein, not later than one week after
the day fixed originally in said permit. Upon receiving such
application for a continuance the said authority, if it believes the
facts stated therein are true, shall extend the provisions of said
permit to the day fixed in said application, not later than one week
after the original day designated in the permit, and such extension
of time shall be granted without the payment of any additional fee
and without requiring bond other than the one given for the original
permit, the provisions of which shall extend to and cover all
damages which may be caused by reason of the said display taking
place at such extended date in the same manner and to the same
extent as if such display had taken place at the date originally
fixed in the permit.
1939, May 15, P.L. 134, § 3.1, added 1941 June 18, P.L. 132, § 1.
§ 1275. Sale, possession and use of fireworks
Nothing in this act shall be construed to prohibit any licensed
facility from selling any consumer fireworks (Class C) or the
year-round sale of any kind of consumer fireworks (Class C), to
out-of-State residents whose status is verified to the licensee,
provided the licensee retains proof of such status and produces it
for review upon request of the Department of Agriculture and
provided the same are to be transported directly out of state by the
seller or purchaser. consumer fireworks (Class C) and display
fireworks (Class B) may be possessed and used by a person holding a
permit from any municipality at the display covered by such permit,
or when used as authorized by a permit for agricultural purposes in
connection with the raising of crops and the protection of crops
from bird and animal damage, or the use by railroads or other
transportation agencies for signal purposes or illumination, or when
used in quarrying or for blasting or other industrial use, or the
sale or use of blank cartridges for a show or theatre, or for signal
or ceremonial purposes in athletics or sports, or for use by
military organizations or organizations composed of veterans of the
United States Army or Navy. No such permit shall be issued to a
person younger than eighteen (18) years of age.
1939, May 15, P.L. 134, § 4, amended 1956, Feb. 10, P.L. (1955)
1033, § 1; 2004, Nov. 30, P.L. 1598, No. 204, § 4, imd. effective.
§ 1275.1. Local Permits for use of fireworks for agricultural
purposes
The governing body of any city, borough, town or township shall
have the power, under reasonable rules and regulations adopted by
it, to 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. Such permits
shall be good for the calendar year in which issued. After such
permit has been 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.
1939, May 15, P.L. 134, § 4.1, added 1956, Feb. 10, P.L. (1955)
1033, § 2.
§ 1275.2. Supervised public displays permitted; permits
Permission shall be given by the governing body of any city,
borough, town or township under reasonable rules and regulations for
displays of consumer fireworks (Class C) and display fireworks
(Class B) to be held therein. Every such display shall be handled by
a competent operator and shall be of such a character and so
located, discharged or fired as, in the opinion of the chief of the
fire department or other such officer as may be designated by the
governing body of the municipality, after proper inspection, to not
be hazardous to property or endanger any person or persons. After
such privilege shall have been granted, possession and use of
consumer fireworks (Class C) and display fireworks (Class B) for
such display shall be lawful for that purpose only. No permits shall
be transferable.
1939, May 15, P.L. 134, § 4.2, added 2004, Nov. 30, P.L. 1598,
No. 204, § 5, imd. effective.
§ 1275.3. consumer fireworks (Class C) facilities; criteria
for licensure
consumer fireworks (Class C) shall be sold only from facilities
that are licensed by the Department of Agriculture and that meet the
following criteria:
- 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.”
- The facility shall be in a stand-alone building and shall be
no larger than twelve thousand (12,000) square feet.
- Storage areas shall be separated from wholesale or retail
sales areas to which a purchaser may be admitted by
appropriately rated fire separation.
- The facility shall be located no closer than two hundred
fifty (250) feet from any other facility selling or dispensing
gasoline, propane or other such flammable products.
- The facility shall be located at least two hundred fifty
(250) feet from any other facility licensed to sell consumer
fireworks (Class C).
- The facility shall have a monitored burglar and fire alarm
system.
- Quarterly fire drills and preplanning meetings shall be
conducted as required by the primary fire department.
1939, May 15, P.L. 134, § 4.3, added 2004, Nov. 30, P.L. 1598,
No. 204, § 5, imd. effective.
§ 1275.4. consumer fireworks (Class C) facilities;
applications or licensure; inspections; renewal
Applications for licenses to sell consumer fireworks (Class C)
shall be submitted to the Department of Agriculture on forms
prescribed and provided by the department. The license application
shall be accompanied by an annual license fee of five thousand
dollars ($5,000) per location. Facilities in existence on the
effective date of this section and new facilities shall be inspected
by the Department of Agriculture within thirty (30) days of receipt
of a complete application for a license. The Department of
Agriculture shall issue a license, or a deny a license, within
fourteen (14) days of completing the inspection. 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, but each facility is subject to annual inspection by the
Department of Agriculture, and at other times at its discretion,
during normal business hours. No license shall be issued to any
convicted felons or to any entities where a convicted felon owns any
percentage of the equity interest in such entity.
1939, May 15, P.L. 134, § 4.4, added 2004, Nov. 30, P.L. 1598,
No. 204, § 5, imd. effective.
§ 1275.5. Operation of consumer fireworks (Class C) facilities
A facility licensed by the Department of Agriculture shall be
exclusively dedicated to the storage and sale of consumer fireworks
(Class C) and related items, and the facility shall operate in
accordance with the following rules:
- There shall be security personnel on the premises for the
seven (7) days preceding and including July 4 and for the three
(3) days preceding and including January 2.
- No smoking shall be permitted in the facility.
- No cigarettes or tobacco products, matches, lighters, or any
other flame-producing devices shall be permitted to be taken
into the facility.
- No minors shall be permitted in the facility unless
accompanied by an adult, and each minor shall stay with the
adult in the facility.
- All facilities shall carry at least two million dollars
($2,000,000) in public and product liability insurance.
- 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 such training.
- No display fireworks (Class B) shall be stored or located at
a facility.
- 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.
- No consumer fireworks (Class C) or display fireworks (Class
B) shall be ignited within three hundred (300) feet of a
facility
- Emergency evacuation plans shall be conspicuously posted in
appropriate locations within the facility.
1939, May 15, P.L. 134, § 4.5, added 2004, Nov. 30, P.L. 1598,
No. 204, § 5, imd. effective.
§ 1276.2. Registration of fireworks displays or exhibitions
- Any business entity which performs, provides or supervises
fireworks displays or exhibitions for profit shall register
annually with the Attorney General.
- The Attorney General shall promulgate rules to implement
this section.
1984, Feb. 9, P.L. 9, No. 4, § 1, effective in 60 days.
§ 1277. Penalties for illegal sale of fireworks
- Any person, copartnership, association or corporation using
consumer fireworks (Class C) in violation of the provisions of
this act commits a summary offense and, upon conviction, shall
be punished by a fine of not more than one hundred ($100)
dollars.
- Any person, copartnership, association or corporation
selling consumer fireworks (Class C) in violation of the
provisions of this act commits a misdemeanor of the second
degree.
- Any person, copartnership, association or corporation
selling display fireworks (Class B) in violation of the
provisions of this act commits a felony of the third degree.
- Any person, copartnership, association or corporation
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 Federal 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.
1939, May 15, P.L. 134, § 6. Amended 2004, Nov. 30, P.L. 1598,
No. 204, § 7, imd. effective.
§1278. Confiscation
The Pennsylvania State Police, any sheriff or police officer
shall take, remove or cause to be removed at the expense of the
owner all stocks of consumer fireworks (Class C) or display
fireworks (Class B) or combustibles offered or exposed for sale,
stored or held in violation of this act. The owner shall also be
responsible for the storage and, if deemed necessary, the
destruction of these fireworks.
1939, May 15, P.L. 134 § 7.1, added 2004, Nov. 30, P.L. 1598, No.
204, § 8, imd. effective.
Here's some info that you might use:
|
