PRINTER'S NO. 1395
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1279
Session of
2023
INTRODUCED BY PROBST, MAY 31, 2023
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MAY 31, 2023
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, in fireworks, further providing for definitions,
for use of display fireworks and for use of consumer
fireworks and repealing provisions relating to rules and
regulations by municipality, to sales locations, to fees,
granting of licenses and inspections, to refusal, suspension
or revocation of license, to conditions for facilities, to
consumer fireworks tax and to disposition of certain funds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "consumer fireworks" in section
1101 of Title 3 of the Pennsylvania Consolidated Statutes, added
July 11, 2022 (P.L.762, No.74), is amended to read:
§ 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:
* * *
"Consumer fireworks."
(1) The term includes any combustible or explosive
composition or any substance or combination of substances
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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[, the sale,
possession and use of which shall be permitted throughout
this Commonwealth].
(2) The term does not include devices such as "ground
and hand-held sparkling devices," "novelties" or "toy caps"
in APA 87-1, the sale, possession and use of which shall be
permitted at all times throughout this Commonwealth.
* * *
Section 2. Sections 1102 and 1104 of Title 3, added July 11,
2022 (P.L.762, No.74), are amended to read:
§ 1102. Use of display fireworks.
(a) Prohibition.--No display fireworks shall be ignited
within 300 feet of a facility [that meets the requirements of
section 1107 (relating to sales locations)] that sells display
fireworks.
(b) Permit.--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. After permission is granted, purchase, possession
and use of display fireworks shall be lawful for the use
outlined in the permit only. Permits shall not be transferable.
(c) Limitations.--Each use of display fireworks shall be:
(1) handled by a competent operator at least 21 years of
age who demonstrates evidence of fireworks handling and
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safety training; and
(2) 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, after proper inspection,
to not be hazardous to property or endanger any person.
(d) Insurance.--The governing body of the municipality shall
require a permittee to carry insurance in an amount not less
than $1,000,000 conditioned for the payment of all damages which
may be caused to a person or property by reason of the use of
display fireworks and arising from an act of the permittee or an
agent, an employee or a subcontractor of the permittee.
(e) Permit extension.--A municipality may grant an extension
for a permit issued under this section to a new date for
displays canceled due to unfavorable weather or other
circumstances beyond the control of the permittee.
§ 1104. Use of consumer fireworks.
[(a) Conditions.--A person who is at least 18 years of age
may purchase, possess and use consumer fireworks.
(b) Prohibitions.--A person may not intentionally use
consumer fireworks:
(1) On private property or on public property,
including, but not limited to, streets, parking lots,
sidewalks and parks, without the express permission of the
owner or entity that controls the property.
(2) Within, directed at or directed from a vehicle or
building.
(3) Directed at another person.
(4) While the person is under the influence of alcohol,
a controlled substance or another drug.
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(5) Within 150 feet of a building or vehicle, whether or
not the building or vehicle is owned by the user of the
consumer fireworks.
(c) Conditional use.--No person may use consumer fireworks
within 150 feet of an animal housing facility or a fenced area
designed to confine livestock owned or managed by another
person. If a person uses consumer fireworks at a distance of 150
to 300 feet from an animal housing facility or fenced area
designed to confine livestock owned or managed by another
person, the user of consumer fireworks shall notify in writing
the owner or manager of the livestock at least 72 hours in
advance of the use that consumer fireworks will be used in the
area.] A person may not purchase, possess or use consumer
fireworks.
Section 3. Sections 1106, 1107, 1108, 1108.1, 1109, 1112 and
1113 of Title 3 are repealed:
[§ 1106. Rules and regulations by municipality.
(a) Authorization.--
(1) Except for the limitations under subsection (b), a
municipality may enact conditions, prohibitions and
limitations on the use and sale of consumer fireworks that
are not in conflict with this chapter.
(1.1) Except for the limitations under subsection (b), a
municipality may require a permit for the use of consumer
fireworks. A fee for a permit shall be reasonable.
(1.2) A municipality may prohibit the use of consumer
fireworks if the use of the consumer fireworks within the
municipality cannot comply with section 1104(b)(5) (relating
to use of consumer fireworks).
(2) Facilities with a valid license issued by the
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department under section 1108(a) or (e) (relating to fees,
granting of licenses and inspections) prior to or within one
year following the effective date of this section shall not
be subject to municipal conditions, prohibitions or
limitations enacted under paragraph (1) related to the sale
of consumer fireworks.
(3) Except for the limitations under subsection (b), a
municipality may enact the following restrictions on the use
of consumer fireworks: Consumer fireworks may not be used
between the hours of 10:00 p.m. and 10:00 a.m., except:
(i) on July 2, 3 and 4 and December 31, when
consumer fireworks may be used until 1:00 a.m. the
following day; and
(ii) when July 4 falls on a Tuesday, Wednesday or
Thursday, consumer fireworks may be used until 1:00 a.m.
on the immediately preceding and following Friday and
Saturday.
(b) Limitations.--Except for authority exercised under
subsection (a)(1.2), no municipality shall restrict or regulate
the use of consumer fireworks on the following days:
(1) The days listed in subsection (a)(3)(i) and (ii).
(2) Memorial Day, including the immediately preceding
Saturday and Sunday.
(3) Labor Day, including the immediately preceding
Saturday and Sunday.
§ 1107. Sales locations.
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
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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) For a facility issued a license under section
1108(a) (relating to fees, granting of licenses and
inspections), the facility shall be located no closer than
300 feet from a facility selling or dispensing gasoline,
propane or other flammable products.
(5) For a facility issued a license under section
1108(a), the facility shall be located at least 2,500 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.
(8) The facility shall comply with the requirements of
NFPA 1124.
(9) The sale of consumer fireworks may be conducted
through online, mail-order or other transaction, but delivery
of consumer fireworks to a purchaser shall take place at a
facility licensed under section 1108 and the sale shall be
subject to the provisions of section 1112 (relating to
consumer fireworks tax).
§ 1108. 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 1107 (relating to sales locations), the
application shall be submitted with a nonrefundable
application fee of $2,500.
(ii) (Reserved).
(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; and
(3) $20,000 for a location greater than 15,000 square
feet.
(c) Time limitations and inspections.--
(1) A facility meeting the requirements of section 1107
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) (Reserved).
(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
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be automatic upon submission of a renewal application, proof of
insurance under section 1109(5) (relating to conditions for
facilities) and 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. The department
shall transmit an application for renewal to a licensee in such
time to provide for submission within 30 days prior to the
expiration of a license.
(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.
§ 1108.1. Refusal, suspension or revocation of license.
(a) Authority.--The department may refuse, suspend or revoke
a license issued or renewed under section 1108 (relating to
fees, granting of licenses and inspections) if the licensee is
not in compliance with the provisions of this chapter.
(b) Appeals.--The department shall provide an opportunity
for a hearing to a person appealing an action of the department
under subsection (a). All appeals shall be taken and hearings
conducted in accordance with the provisions of 2 Pa.C.S. Chs. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and 7 Subch. A (relating to judicial review of
Commonwealth agency action). A person shall have 15 days to
appeal an enforcement action of the department under subsection
(a).
§ 1109. Conditions for facilities.
A facility licensed by the Department of Agriculture under
section 1108 (relating to fees, granting of licenses and
inspections) shall be exclusively dedicated to the storage and
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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 on
December 31.
(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 $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 or federally illegal explosives
under 49 CFR 173.54 (relating to forbidden explosives) 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.
(10) Written notice shall be conspicuously posted or
provided with each purchase of consumer fireworks that
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provides the conditions and prohibitions for use of consumer
fireworks under section 1104 (relating to use of consumer
fireworks) and that additional conditions, prohibitions and
limitations may be implemented by a municipality.
§ 1112. 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 not include State and
local sales taxes.
(c) Collection and administration.--The provisions of Part
VI of Article II of the Tax Reform Code 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 1108 (relating to
fees, granting of licenses and inspections) and the license or
renewal fee authorized and imposed under Article II of the Tax
Reform Code.
§ 1113. Disposition of certain funds.
(a) Transfer.--The tax collected under section 1112(b)
(relating to consumer fireworks tax) in each fiscal year shall
be transferred annually for use as follows:
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(1) $1,500,000 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) $250,000 of the amount transferred under 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
firefighters in this Commonwealth.
(3) $1,000,000 of the amount transferred under this
subsection shall be transferred to the Pennsylvania Higher
Education Assistance Agency to provide loan forgiveness and
tuition assistance to active volunteer firefighters and
volunteer emergency medical services providers serving with
volunteer organizations who are students at or graduates of
approved trade and technical schools and institutions of
higher learning.
(4) $1,000,000 of the amount transferred under this
subsection shall be transferred to the Department of Health
for the purpose of training emergency medical services
personnel.
(5) $500,000 of the amount transferred under this
subsection shall be transferred to the Office of the State
Fire Commissioner for the purpose of providing emergency
services training center capital grants.
(6) $500,000 of the amount transferred under this
subsection shall be transferred to the Office of the State
Fire Commissioner for the purpose of providing career fire
department capital grants.
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(7) $250,000 of the amount transferred under this
subsection shall be transferred to the Office of the State
Fire Commissioner for the purpose of providing a public
safety campaign on the precautions that should be taken when
using fireworks.
(7.1) $500,000 of the amount transferred under this
subsection shall be transferred to the Office of the State
Fire Commissioner for the purpose of providing reimbursement
to a Pennsylvania bomb squad accredited by the Federal Bureau
of Investigation and certified in hazardous devices training
for costs associated with the removal, storage and
destruction of consumer fireworks, display fireworks or
combustibles under section 1115 (relating to removal, storage
and destruction). Any money not used annually by September 10
for the purpose specified under this paragraph shall be
subject to paragraph (8).
(8) Any remaining money shall be equally divided and
transferred as follows:
(i) 50% of the amount shall be transferred in
accordance with paragraph (1).
(ii) 50% of the amount shall be used for the purpose
of making grants under 35 Pa.C.S. Ch. 78 Subch. B
(relating to Fire Company Grant Program).
(9) The Office of the State Fire Commissioner shall
establish guidelines for use of the money deposited or
transferred under paragraphs (2), (5), (6) and (7). By
December 31, 2022, and each December 31 thereafter, the
Office of the State Fire Commissioner shall provide a written
report detailing the use of the money received from the prior
fiscal year to the chairperson and minority chairperson of
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the Agriculture and Rural Affairs Committee of the Senate,
the chairperson and minority chairperson of the Agriculture
and Rural Affairs Committee of the House of Representatives,
the chairperson and minority chairperson of the Veterans
Affairs and Emergency Preparedness Committee of the Senate
and the chairperson and minority chairperson of the Veterans
Affairs and Emergency Preparedness Committee of the House of
Representatives.
(b) Payments.--The transfer required under subsection (a)
shall be made by September 15, 2022, and each September 15
thereafter.
(c) Limitation on certain transferred money.--Money
transferred under subsection (a)(3), (4), (5), (6) or (7.1)
shall not be expended until legislation is enacted providing for
the expenditure of the money.]
Section 4. This act shall take effect in 60 days.
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