PA Act 43 of 2017 Fireworks Law

on October 30, 2017, PA Act 43 of 2017 Fireworks Law went into effect in Pennsylvania.  The law defines consumer fireworks and display fireworks.  Pennsylvania State law prohibits the use Display Fireworks in Pennsylvania without a permit.

Consumer Fireworks

Any combustible or explosive composition or any substance or combination of substances 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 or any successor standard, the sale, possession and use of which shall be permitted throughout this Commonwealth.

Review Ordinance 2021-17 Fireworks and Pyrotechnics for specific rules and regulations concerning consumer fireworks.

Use of Consumer Fireworks

A. Conditions. A person who is at least 18 years of age and meets the requirements of this chapter and all applicable laws and regulations may purchase, possess, and use Consumer Fireworks. A person or entity using Consumer Fireworks pursuant to this chapter also shall comply with all applicable federal and state laws.

 B. Prohibitions. A person may not intentionally ignite or discharge Consumer Fireworks in the following manners and/or locations:

  1. On public or private property without the express written permission of the owner;
  2. Inside a motor vehicle or occupied structure;
  3. From a motor vehicle or occupied structure;
  4. Into or at a motor vehicle or occupied structure or at another person;
  5. While under the influence of alcohol a controlled substance or another drug;
  6. Within 150 feet of an occupied structure;
  7. Within 150 feet of a structure housing animals;
  8. Upon any Township roadway, park, public space, or any other Township- owned property, unless specifically authorized in writing in advance by the Township;
  9. Within 150 feet of any flammable gases or liquids, including, but not limited to, tanks of gasoline, oil, propane, and/or oxygen;
  10. Within 150 feet of any explosive materials, including, but not limited to, gunpowder, ammunition, and/or other fireworks, excluding the consumer firework to be ignited or discharged and the source of the ignition/discharge;
  11. Within 150 feet of any above ground electrical lines or utility poles; and / or
  12. In a manner such that the sparks or any portion of the fireworks may land upon the property of another person without that property owner's express written permission.

 C. Restrictions on Use.

  1.  Consumer Fireworks shall not be ignited or discharged in the Township, except during the following holidays, dates and times, and in accordance with the prohibitions set forth in subsection B of this section:
  1. Memorial Day: 4:00 p.m. to 10:00 p.m.
  2. Chinese New Year: 4:00 p.m. to 10:00 p.m.
  3. May 5 (Cinco de Mayo): 4:00 p.m. to 10:00 p.m.
  4.  July 4: 4:00 p.m. to 10:00 p.m.
  5. Labor Day: 4:00 p.m. to 10:00 p.m
  6. December 31: 4:00 p.m. to 11:59 p.m.
  7. January 1: 12:00 midnight to 1:00 a.m.

Ignition or discharge of Consumer Fireworks on any other day or at any other time is expressly prohibited and shall be punishable in accordance with Section 7.B.

D. Suspension. The Township has the discretion to suspend all use of consumer fireworks if the Township deems such a suspension to be in the best interests of the Township or its residents, including, but not limited to, circumstances of adverse or unfavorable weather conditions, such as high winds or a drought.

Sale of Consumer Fireworks

If consumer fireworks will be sold from a temporary structure in Manheim Township, such as a tent or stand, contact David Bednar, Zoning Officer regarding permits for Temporary Retail Sales.

Display Fireworks

Large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visible or audible effects by combustion, deflagration or detonation. The term includes, but is not limited to:
(1) salutes that contain more than two grains or 130 milligrams of explosive materials;
(2) aerial shells containing more than 60 grams of pyrotechnic compositions; and
(3) other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as fireworks UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose and use of hazardous materials table).

Display Firework Permit Requirements

A fire permit is needed for display firework events in Manheim Township. Review the attached