The New Fireworks Law

Transcription

1 The New Fireworks Law Act 43 of 2017 Effective as of October 30,2017

2 History of Fireworks -The Pennsylvania Fireworks Law, Was amended by Act 204 of 2004 Defined ground and hand-held sparkling devices as novelties and not as consumer fireworks, even though they are labeled as Fireworks. Defined and regulated a permanent consumer fireworks sales facility Required licensing of a consumer fireworks sales facility by the Pa Dept of Agriculture. Defined display fireworks Increased penalties for illegal activities Created penalties for sales of forbidden explosives.

3 Ground and hand-held sparkling devices as Novelties

4 The Fireworks Law, Act 43 of 2017 House Bill 542 of 2017 changed the Pennsylvania Fireworks Law profoundly by: A person who is at least 18 years of age and meets the requirements of act 43, may purchase, posses and use consumer fireworks. Raising the licensing fee on permanent consumer fireworks sales facilities from $5,000/yr to as much as $20,000/yr. Raising the maximum square footage of a permanent consumer fireworks sales facility from 12,000 sq ft to unlimited. Raising the licensing fee on permanent consumer fireworks sales facilities from $5,000/yr to as much as $20,000/yr. Allowing temporary structures (tents/stands) to be licensed by The Dept of Agriculture to sell Consumer Fireworks. In addition to sales tax, a tax is now imposed on the retail sale of Consumer Fireworks to be paid to the PA Department of Revenue.

5 The Fireworks Law, Act 43 of Continued

6 The Fireworks Law, Act 43 of Continued

7 The Fireworks Law, Act 43 of Continued Temporary Structures (tents/stands) shall now be allowed to sell Consumer Fireworks if: Continued The entity has a minimum of $2,000,000 in public and product liability insurance The entity pays an application fee of $1,000 and a license fee or $3,000 per year to the Pa Department of Agriculture It s selling period is limited to June 15th through July 8th and December 21st through January 2nd of each year

8 The Fireworks Law, Act 43 of Continued Temporary Structures (tents/stands) shall now be allowed to sell Consumer Fireworks if: Continued It is no closer than 250 feet from a facility storing, selling or dispensing gasoline, propane or other flammable products An evacuation plan is posted All excess product storage is stored in an outdoor storage unit separated from the sales structure by appropriate rated fire separation It is located at least five miles from a permanent fireworks sales facility It does not exceed 2,500 square feet in sales space It is secured at all times during which fireworks are in the structure A separation of at least 1,500 feet, shall sseparate facilities that sell consumer fireworks. It complies with NFPA Code 1124 as it relates to retail sales

9 NFPA 1124: Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles The current 2017 NFPA 1124, removed all requirements and limitations for retail sales of fireworks.

10 Composition

11 Temporary Structures are limited to selling only the following types of Consumer Fireworks - Helicopters/Aerial Spinners (containing not more than 20g of composition)- propeller or blade item that spins rapidly and rises into the air. Roman Candles (containing not more than 20g of composition)- heavy paper or cardboard tubes than upon ignition expel individual balls of composition (stars). Mines and Shell Devices (containing not more than 60g of composition per tube)- heavy paper or cardboard tubes than upon ignition shoot balls of composition (stars) or projectiles (shells or shots) that burst with a visible or audible effect into the air. In addition to all Ground and hand-held sparkling devices classified as Novelties

12 Temporary Structures (tents/stands) shall now be allowed to sell Consumer Fireworks Excluding : Missiles Firecrackers Chasers Rockets Pennsylvania residents can purchase ALL consumer grade fireworks at the brick and mortar facilities without restriction

13 Additional Consumer Grade Fireworks Aerial Devices Types of Mine and Shell Devices Single Shot Devices Preloaded aerial shell device (containing not more than 60g of composition). Single Shot Reloadable Devices Prepackaged kits containing a cardboard or plastic launching tube and not more than 12 individually fired small (1.75 or less diameter, 60g or less) aerial shells and not containing more than 400g of total composition per kit. Kits can be packaged together for larger sales packs.

14 Additional Consumer Grade Fireworks Cake Devices (containing not more than 200g of total composition/60g per tube) - devices that contain multiple tubes that fire in a sequence upon ignition.

15 Additional Consumer Grade Fireworks Cake Devices (containing at least 200 and not more than 500g of composition/60g per tube) devices that contain multiple tubes, separated by at least ½ from each other, that fire in a sequence upon ignition and are secured to a wood or plastic base.

16 Additional Consumer Grade Fireworks Firecrackers Small paper-wrapped or cardboard tubes containing not more than 50 mg of explosive composition intended to product a bang. Includes Adult Snappers, small throw-down devices containing up to 50 mg of Silver Fulminate Cylindrical Fountains (containing less than 75g of composition) Cylindrical Fountains (containing not more than 500g of composition/75g per tube) that contain multiple tubes, separated by at least ½ from each other, that fire in a sequence upon ignition and are secured to a wood or plastic base.

17 Additional Consumer Grade Fireworks Cone Fountains (containing less than 50g of composition) Ground Spinners (containing less than 20g of composition) Spinning Wheels (containing less than 200g of composition) Flitter Sparklers/Morning Glories (containing less than 5g of composition)

18 Additional Consumer Grade Fireworks Toy Smoke Devices (containing less than 100g of composition) Wire Sparklers/Stick Sparklers (containing less than 100g of composition)

19 Prohibited Originally military simulators, M-80 s have been deemed Forbidden Explosives and are federally banned for sale to consumers since the U.S. Child Protection Act of Also forbidden are kits and components to produce such items.

20 Changes to Display Fireworks Increasing the Municipal requirement for a fireworks display bond from not less than $ to not less than $50, Restricting use of Display Fireworks to Professional Pyrotechnicians without defining them Defining procedures for permit extensions due to unfavorable weather. CANNOT BE USED BY THE GENERAL PUBLIC Must comply with the construction, performance, chemical composition, labeling, storage, purchase and sale requirements of the Bureau of Alcohol, Tobacco & Firearms (ATF) and the US Department of Transportation (DOT).

21 Consumer Fireworks Tax In addition to sales tax, a tax is now imposed on the retail sale of Consumer Fireworks to be paid to the PA Department of Revenue to be deposited into the General Fund The tax will be at a rate of 12% of the retail purchase price (including state and local sales tax). 1/6th of the tax collected (not to exceed $2,000,000) shall be transferred for use as follows- 75% for the purpose of making grants related to emergency medical services 25% for the purpose of making online training programs for volunteer firefighters.

22 Local Restriction House Bill 542 of 2017 also changed the Pennsylvania Fireworks Law by: Allowing the governing body of municipality to regulate and create rules for the use of Display Fireworks, but not for the Sale, Storage and Use of Consumer Fireworks Stating that no additional license fee shall be charged for a license to sell Consumer Fireworks

23 Penalties Using Consumer Fireworks in violation of this Act Summary offense and fine or not more than $100 Selling Consumer Fireworks in violation of this Act A misdemeanor of the 2 nd degree and confiscation of stock Selling Display Fireworks in violation of this Act A felony of the 3 rd degree and confiscation of stock Selling Forbidden Explosives in violation of this Act A felony of the 3 rd degree and confiscation of stock The Department of Agricultural requests that the Bureau of Ride and Measurements Standards be notified of any violations in regards to the retail sales or storage of consumer fireworks, after issuance of the citation or court determination.

24 Safety Flyers