SB 696 — An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in fireworks, further providing for definitions, for use of display fireworks, for sales locations and for fees, granting of licenses and inspections, repealing provisions relating to temporary structures and providing for short-term structures.

Bill Text

• Printer's No. 0842 View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill replaces the concept of 'temporary structures' with 'short-term structures' in the context of selling consumer fireworks, and makes several related adjustments to fees and licensing requirements.

• Section 2401

  ["Temporary structure." A structure, other than a permanent facility with fixed utility connections, which is in use or in place for a period of 20 consecutive calendar days or less and is dedicated to the storage and sale of consumer fireworks and related items. The term includes temporary retail sales stands, tents, canopies and membrane structures meeting the specifications of NFPA 1124. The term shall not include a facility that is not licensed to sell consumer fireworks under this article.] → "Short-term structure." A structure, other than a permanent facility with fixed utility connections, which is in use or in place for a period of 20 consecutive calendar days or less and is dedicated to the storage and sale of consumer fireworks and related items. The term includes temporary retail sales stands, tents, canopies and membrane structures. The term shall not include a facility that is not licensed to sell consumer fireworks under this article.

  The definition of 'temporary structure' is replaced with 'short-term structure,' which retains the same criteria for selling consumer fireworks.

• Section 2408

  [(4) $3,000 for a temporary structure.] → (5) $3,000 for a short-term structure.

  The license fee structure has been updated to replace fees for temporary structures with fees for short-term structures.

• Section 2

  [Section 2410. Temporary structures. (a) Conditions.--Notwithstanding section 2407 or any other provision of law, a temporary structure may be licensed by the Department of Agriculture to sell consumer fireworks if the temporary structure meets all of the following requirements: (1) The temporary structure is located no closer than 250 feet from a facility storing, selling or dispensing gasoline, propane or other flammable products. (2) An evacuation plan is posted in a conspicuous location for a temporary structure in accordance with NFPA 1124. (3) The outdoor storage unit, if any, is separated from the wholesale or retail sales area to which a purchaser may be admitted by appropriately rated fire separation. (4) The temporary structure complies with NFPA 1124 as it relates to retail sales of consumer fireworks in temporary structures. (5) The temporary structure is located one of the following distances from a permanent facility licensed to sell consumer fireworks under the former act of May 15, 1939 (P.L.134, No.65), referred to as the Fireworks Law, at the time of the effective date of this article: (i) Prior to January 1, 2023, at least five miles. (ii) Beginning January 1, 2023, at least two miles. (6) The temporary structure does not exceed 2,500 square feet. (7) The temporary structure is secured at all times during which consumer fireworks are displayed within the structure. (8) The temporary structure has a minimum of $2,000,000 in public and product liability insurance. (9) The sales period is limited to June 15 through July 8 and December 21 through January 2 of each year. (10) Consumer fireworks not on display for retail sale are stored in an outdoor storage unit. (b) Limitations.--The sale of consumer fireworks from the temporary structure is limited to the following: (1) Helicopter, Aerial Spinner (APA 87-1, 3.1.2.3). (2) Roman Candle (APA 87-1, 3.1.2.4). (3) Mine and shell devices not exceeding 500 grams.]

  The section defining 'temporary structures' is repealed, eliminating previous requirements for these structures.

Action History

1. May 31, 2019

   PN 0842 Referred to AGRICULTURE AND RURAL AFFAIRS

Sponsors

• Gene Yaw · Primary
• Elder A. Vogel · Cosponsor
• Disanto · Cosponsor
• Patrick J. Stefano · Cosponsor

Subjects