The New Fireworks Law of Pennsylvania Approved By Gov. Wolf ,October 30,2017
Explained By: Robert T. Kellner President, Kellner’s Fireworks Inc.
© 2017 Kellner’s Fireworks Inc. What are Display Fireworks?
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).
Display Fireworks are typically classified for transportation as UN0335 Fireworks, 1.3G.
Additionally, in Pa, storage is regulated by the PA Dept of Environmental Protection (DEP) What are Consumer Fireworks?
ITEMS SAFE FOR USE BY THE GENERAL PUBLIC
Must comply with the construction, performance, chemical composition and labeling requirements of the
US Consumer Product Safety Commission (CPSC) and the US Department of Transportation (DOT).
Consumer Fireworks are typically classified for transportation as
UN0336 Fireworks, 1.4G.
Additionally, in PA, storage and sales are regulated by The Pa
Dept of Agriculture. Types of Consumer Fireworks
Aerial Devices
1. Rockets
(containing not more than 20g of composition) - cylindrical tubes attached to a wooden stability stick that rise into the air upon ignition and product a burst of color and/or sound.
Types of Consumer Fireworks
Aerial Devices
2. Missiles
(containing not more than 20g of composition)- similar to a Rocket but uses fins rather than a stick for guidance and stability.
Types of Consumer Fireworks
Aerial Devices
3. Helicopters/Aerial Spinners
(containing not more than 20g of composition)- propeller or blade item that spins rapidly and rises into the air.
Types of Consumer Fireworks
Aerial Devices
4. Roman Candles
(containing not more than 20g of composition)- heavy paper or cardboard tubes that upon ignition expel individual balls of composition (stars). Types of Consumer Fireworks
Aerial Devices
5. Mines and Shell Devices (containing not more than 60g of composition per tube)- heavy paper or cardboard tubes that upon ignition shoot balls of composition (stars) or projectiles (shells or shots) that burst with a visible or audible effect into the air. Types of Consumer Fireworks
Aerial Devices Types of Mine and Shell Devices
A. Single Shot Devices
Preloaded aerial shell device (containing not more than 60g of composition). Types of Consumer Fireworks
Aerial Devices Types of Mine and Shell Devices
B. 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. Types of Consumer Fireworks
Aerial Devices Types of Mine and Shell Devices
C. “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. Types of Consumer Fireworks
Aerial Devices Types of Mine and Shell Devices
D. “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. Types of Consumer Fireworks
Audible Ground Devices
1. 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
Types of Consumer Fireworks
Audible Ground Devices
2. Chasers
Paper or cardboard tubes containing not more than 20g of chemical composition that travels along the ground with a whistle or other noise
Types of Consumer Fireworks
Ground and Hand-Held Sparkling Devices
1. Cylindrical Fountains
(containing less than 75g of composition)
Types of Consumer Fireworks
Ground and Hand-Held Sparkling Devices
1. 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.
Types of Consumer Fireworks
Ground and Hand-Held Sparkling Devices
2. Cone Fountains
(containing less than 50g of composition)
Types of Consumer Fireworks
Ground and Hand-Held Sparkling Devices
3. Illuminating Torches
(containing less than 100g of composition)
Types of Consumer Fireworks
Ground and Hand-Held Sparkling Devices
4. Spinning Wheels
(containing less than 200g of composition)
Types of Consumer Fireworks
Ground and Hand-Held Sparkling Devices
5. Ground Spinners
(containing less than 20g of composition)
Types of Consumer Fireworks
Ground and Hand-Held Sparkling Devices
6. Flitter Sparklers/Morning Glories
(containing less than 5g of composition)
Types of Consumer Fireworks
Ground and Hand-Held Sparkling Devices
7. Toy Smoke Devices
(containing less than 100g of composition)
Types of Consumer Fireworks
Ground and Hand-Held Sparkling Devices
8. Wire Sparklers/Stick Sparklers
(containing less than 100g of composition)
What are NOT Consumer Fireworks
Novelties deregulated by US DOT except when transported by air.
1. Party Poppers
(containing less than 16mg of composition) What are NOT Consumer Fireworks
Novelties deregulated by US DOT except when transported by air.
2. Snappers (containing less than 1mg of silver fulminate) What are NOT Consumer Fireworks
Novelties deregulated by US DOT except when transported by air.
3. Toy Smoke Devices
(containing less than
5g of composition What are NOT Consumer Fireworks
Novelties deregulated by US DOT except when transported by air.
4. Black Snakes
(containing less than 2g of composition) What are NOT Consumer Fireworks
Novelties deregulated by US DOT except when transported by air.
5. Wire/Stick Sparklers (containing less than 100g of composition) Also, What are NOT Consumer Fireworks
M-80’s and similar items
Originally military simulators, M-80’s have been deemed “Forbidden Explosives” and federally banned for sale to consumers since the U.S. Child Protection Act of 1966.
Also forbidden are kits and components to produce such items The Pennsylvania Fireworks Law, Act of 1939, P.L. 134, No. 65 (THE OLD FIREWORKS LAW) 1. Didn’t differentiate between Display Fireworks, Consumer Fireworks and
Federally Forbidden Explosives
2. Banned retail sale and use of all fireworks except for shipment out of state or
for locally approved public display The Pennsylvania Fireworks Law, Act of 1939, P.L. 134, No. 65
Amended in 1973 to say…
The term “fireworks” shall not include
sparklers. However, the amendment did
not define Sparklers.
This created much confusion. 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. Pa Consumer Fireworks Sales Facility (per 2004 Law) a.) Could sell Consumer Fireworks to residents of other states or Pa residents that have permission to use them from a municipality. b.) Paid an annual license fee of $5,000 to the Pa Dept of Agriculture. c.) Must have complied with The Pa Construction Code Act. d.) Must be a stand-alone building less than 12,000 sq ft. e.) Must have monitored burglar and fire alarms f.) Has restrictions on distance to flammable products and other facilities g.) Must document employee safety training h.) Must have security personnel and posted security measures. i.) Must carry at least two million dollars in public and product liability insurance ON OCTOBER 30th, 2017 HB 542 Became Law House Bill 542 of 2017 changed the Display Fireworks Law by- ● Increasing the Municipal requirement for a fireworks display bond from “not less than $500.00” to “not less than $50,000.00” ● Restricting use of Display Fireworks to “Professional Pyrotechnicians” without defining them ● Defining procedures for permit extensions due to unfavorable weather. House Bill 542 of 2017 changed the Pennsylvania Fireworks Law for Consumer Fireworks profoundly by:
● Allowing a person of at least 18 years of age to purchase, possess and use ANY Consumer Fireworks anywhere at any time in the state of Pa, if- ● They have the permission of the property owner ● They do not use them within, from or into a building ● They do not use them within, from or into a motor vehicle ● They do not use them at another person ● They do not use them while under the influence of alcohol, a controlled substance or another drug. ● They do not use them within 150 feet of a structure, vehicle or place adapted for conducting business or overnight accommodation House Bill 542 of 2017 changed the Pennsylvania Fireworks Law profoundly by:
● 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
Temporary Structures (tents/stands) shall now be allowed to sell Consumer Fireworks if: ● 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 complies with NFPA Code 1124 as it relates to retail sales ● 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 Temporary Structures (tents/stands) shall now be allowed to sell Consumer Fireworks if:
● 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
● The entity is limited to selling only the following types of Consumer Fireworks- Aerial Devices
Helicopters/Aerial Spinners
(containing not more than 20g of composition)- propeller or blade item that spins rapidly and rises into the air.
Aerial Devices
Roman Candles (containing not more than 20g of composition)- heavy paper or cardboard tubes than upon ignition expel individual balls of composition (stars). Aerial Devices
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. Temporary Structures (tents/stands) WILL NOT BE ALLOWED to sell the following Consumer Fireworks :
● Rockets ● Missiles ● Firecrackers ● Chasers 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. House Bill 542 of 2017 also changed the Pennsylvania Fireworks Law by
● Allowing the governing body of a 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 Penalties
● Using Consumer Fireworks in violation of this act- A summary offense and a fine of not more than $100 ● Selling Consumer Fireworks in violation of this act- A misdemeanor of the second degree and confiscation of stock ● Selling Display Fireworks in violation of this act- A felony of the third degree and confiscation of stock ● Selling Forbidden Explosives in violation of this act- A felony of the third degree and confiscation of stock Probable causes for the law change a.) The Pa fireworks industry had no input in these law changes. b.) The State of Pennsylvania is looking to increase tax revenue from the sale of consumer fireworks. c.) $800 million dollars worth of Consumer Fireworks were sold in the US last year. d.) Injuries from using consumer fireworks (per pounds used) are down over 60% from over twenty years ago. e.) Very few municipalities in Pa adopted rules for using consumer fireworks legally for celebrations, parties and or special events. f.) Pa Residents can without restriction purchase all consumer fireworks in the neighboring states of Ohio and West Virginia.
Kellner’s Fireworks Inc. is encouraging
● The implementation of noise ordinances restricting excessive noise at unreasonable hours ● All distributors of Consumer Fireworks to become members of the National Council on Fireworks Safety and distribute NCFS literature to all customers