PRINTER'S NO. 4450
No. 2866 Session of 2006
INTRODUCED BY CORRIGAN, JUNE 30, 2006
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 30, 2006
AN ACT
1 Amending the act of May 15, 1939 (P.L.134, No.65), entitled, as
2 amended, "An act relating to fireworks; defining fireworks;
3 prohibiting the sale, regulating the sale, offering or
4 exposing for sale and use of fireworks, except in certain
5 cases; authorizing cities, boroughs, towns and townships to
6 issue permits for fireworks displays, and to regulate the
7 same; imposing duties on the Pennsylvania State Police,
8 sheriffs and police officers; and providing penalties,"
9 further providing for the regulation of the sale of fireworks
10 and for facilities.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Sections 4 and 4.3 of the act of May 15, 1939
14 (P.L.134, No.65), referred to as the Fireworks Law, amended or
15 added November 30, 2004 (P.L.1598, No.204), are amended to read:
16 Section 4. Nothing in this act shall be construed to
17 prohibit any [licensed] facility licensed as of June 30, 2006,
18 from selling any consumer fireworks or the year-round sale of
19 any kind of consumer fireworks to out-of-State residents whose
20 status is verified to the licensee, provided the licensee
21 retains proof of such status and produces it for review upon
1 request of the Department of Agriculture and provided the same
2 are to be transported directly out of state by the seller or
3 purchaser. Consumer fireworks and display fireworks may be
4 possessed and used by a person holding a permit from any
5 municipality at the display covered by such permit, or when used
6 as authorized by a permit for agricultural purposes in
7 connection with the raising of crops and the protection of crops
8 from bird and animal damage, or the use by railroads or other
9 transportation agencies for signal purposes or illumination, or
10 when used in quarrying or for blasting or other industrial use,
11 or the sale or use of blank cartridges for a show or theatre, or
12 for signal or ceremonial purposes in athletics or sports, or for
13 use by military organizations or organizations composed of
14 veterans of the United States Army or Navy. No such permit shall
15 be issued to a person younger than eighteen (18) years of age.
16 Section 4.3. (a) Except as set forth in subsection (b), the
17 sale of consumer fireworks in this Commonwealth is prohibited.
18 (b) Consumer fireworks shall be sold only from facilities
19 that are licensed on or before June 30, 2006, by the Department
20 of Agriculture and that meet the following criteria:
21 (1) The facility shall comply with the provisions of the act
22 of November 10, 1999 (P.L.491, No.45), known as the
23 "Pennsylvania Construction Code Act."
24 (2) The facility shall be in a stand-alone building and
25 shall be no larger than twelve thousand (12,000) square feet.
26 (2.1) The facility may not be expanded beyond the square
27 footage of the facility in use on June 30, 2006.
28 (3) Storage areas shall be separated from wholesale or
29 retail sales areas to which a purchaser may be admitted by
30 appropriately rated fire separation.
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1 (4) The facility shall be located no closer than two hundred
2 fifty (250) feet from any facility selling or dispensing
3 gasoline, propane or other such flammable products.
4 (5) The facility shall be located at least two hundred fifty
5 (250) feet from any other facility licensed to sell consumer
6 fireworks.
7 (6) The facility shall have a monitored burglar and fire
8 alarm system.
9 (7) Quarterly fire drills and preplanning meetings shall be
10 conducted as required by the primary fire department.
11 Section 2. This act shall take effect immediately.
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