THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WAUGH, BAKER, O'PAKE, ALLOWAY, BROWNE, COSTA, ERICKSON, FONTANA, KITCHEN, STACK, WASHINGTON, WONDERLING AND YAW, APRIL 8, 2009

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, APRIL 8, 2009  

AN ACT

Amending the act of May 15, 1939 (P.L.134, No.65), entitled, as

amended, "An act relating to fireworks; defining fireworks;

prohibiting the sale, offering or exposing for sale and use

of fireworks, except in certain cases; authorizing cities,

boroughs, towns and townships to issue permits for fireworks

displays, and to regulate the same; imposing duties on the

Pennsylvania State Police, sheriffs, police officers and

constables; and providing penalties," providing for a public

safety fee.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4.5 of the act of May 15, 1939 (P.L.134,

No.65), referred to as the Fireworks Law, added November 30,

2004 (P.L.1598, No.204), is amended to read:

Section 4.5.  (a)  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 (7) days preceding and including July 4 and for the

three (3) 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.

(5)  All facilities shall carry at least two million dollars

($2,000,000) in public and product liability insurance.

(6)  A licensee shall provide its employes 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 employe has received such 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)  No consumer fireworks or display fireworks shall be

ignited within three hundred (300) feet of a facility.

(10)  Emergency evacuation plans shall be conspicuously

posted in appropriate locations within the facility.

(b)  Upon each separate sale at retail of consumer fireworks

a fee equivalent to twenty-five percent (25%) of the purchase

price of the consumer fireworks shall be charged and collected

by a licensee. Seventy-five percent (75%) of the money collected

as a result of the fee imposed under this section shall be

remitted to the Volunteer Fire and Emergency Services Retention

Program Fund which is to be used to support volunteer fire and

emergency services retention programs as set forth by law. 

Twenty-five percent (25%) of the money collected shall be

remitted to the county treasurer of the county wherein the

facility is located for the use of the fire department with

jurisdiction over the facility.

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