The New Fireworks Law of Pennsylvania

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Baldwin Farmer
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1 The New Fireworks Law of Pennsylvania Approved By Gov. Wolf,October 30,2017 Explained By: Robert T. Kellner President, Kellner s Fireworks Inc Kellner s Fireworks Inc.

2 KELLNER S FIREWORKS INC. Founded in Oil City, Pa by Robert S Kellner, in 1947 Current Offices in Irwin Township (Venango County) Pa and Liuyang (Hunan) China Pennsylvania s Largest Distributor of Consumer Fireworks, Display Fireworks and Proximate Pyrotechnics Fully Licensed and Insured Professional Fireworks Display Company Producer and Distributor of Kellner s trademarked Liberty Bell Brand of Fireworks

3 Robert T. Kellner President and CEO of Kellner s Fireworks, since 1985 Past President and Current Treasurer, The Pennsylvania Pyrotechnics Association Current Treasurer, The National Fireworks Association Past Director, The American Pyrotechnics Association Past Standards Committee Member, The American Fireworks Standards Laboratory Certified Instructor, The Pyrotechnics Guild International Expert Witness on Fireworks in US Federal Court

construction, performance, chemical composition,

Bureau of Alcohol, Tobacco & Firearms (ATF) and the US

Display Fireworks are typically classified for

4 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)

and labeling requirements of the US Consumer Product Safety Commission (CPSC) and the US Department of

5 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.

cylindrical tubes attached to a wooden stability stick

6 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.

7 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.

8 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.

9 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).

10 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.

11 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).

and not more than 12 individually fired small (1.

12 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.

13 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.

per tube) devices that contain multiple tubes, separated by at least ½ from each

14 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.

15 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

16 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

17 Types of Consumer Fireworks Ground and Hand-Held Sparkling Devices 1. Cylindrical Fountains (containing less than 75g of composition)

tube) that contain multiple tubes, separated by at least ½ from each other,

18 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.

19 Types of Consumer Fireworks Ground and Hand-Held Sparkling Devices 2. Cone Fountains (containing less than 50g of composition)

20 Types of Consumer Fireworks Ground and Hand-Held Sparkling Devices 3. Illuminating Torches (containing less than 100g of composition)

21 Types of Consumer Fireworks Ground and Hand-Held Sparkling Devices 4. Spinning Wheels (containing less than 200g of composition)

22 Types of Consumer Fireworks Ground and Hand-Held Sparkling Devices 5. Ground Spinners (containing less than 20g of composition)

23 Types of Consumer Fireworks Ground and Hand-Held Sparkling Devices 6. Flitter Sparklers/Morning Glories (containing less than 5g of composition)

24 Types of Consumer Fireworks Ground and Hand-Held Sparkling Devices 7. Toy Smoke Devices (containing less than 100g of composition)

25 Types of Consumer Fireworks Ground and Hand-Held Sparkling Devices 8. Wire Sparklers/Stick Sparklers (containing less than 100g of composition)

26 What are NOT Consumer Fireworks Novelties deregulated by US DOT except when transported by air. 1. Party Poppers (containing less than 16mg of composition)

27 What are NOT Consumer Fireworks Novelties deregulated by US DOT except when transported by air. 2. Snappers (containing less than 1mg of silver fulminate)

28 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

29 What are NOT Consumer Fireworks Novelties deregulated by US DOT except when transported by air. 4. Black Snakes (containing less than 2g of composition)

30 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)

31 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 Also forbidden are kits and components to produce such items

32 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

33 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

even though they are labeled as Fireworks.

licensing of a Consumer Fireworks sales facility by the Pa Dept of Agriculture.

34 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.

35 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

36 ON OCTOBER 30th, 2017 HB 542 Became Law

37 House Bill 542 of 2017 changed the Display Fireworks Law by 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.

38 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, ifthey 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

39 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

41 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

42 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-

43 Aerial Devices Helicopters/Aerial Spinners (containing not more than 20g of composition)- propeller or blade item that spins rapidly and rises into the air.

44 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).

45 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.

46 Temporary Structures (tents/stands) WILL NOT BE ALLOWED to sell the following Consumer Fireworks : Rockets Missiles Firecrackers Chasers

47 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 follows75% for the purpose of making grants related to emergency medical services 25% for the purpose of making online training programs for volunteer firefighters.

48 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

49 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

50 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.

51 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

Storage of consumer fireworks, display fireworks, and theatrical pyrotechnic devices -- Report to state fire marshal and local fire chief

Storage of consumer fireworks, display fireworks, and theatrical pyrotechnic devices -- Report to state fire marshal and local fire chief KENTUCKY 227.700 "Fireworks" defined -- Exceptions. As used in KRS 227.700 to 227.750, "fireworks" means any composition or device for the purpose of producing a visible or an audible effect by combustion,