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Laws complicate fireworks sales, purchases

The safest way to watch fireworks is attending one of the public displays offered at community celebrations or sporting events such as this one at Lernerville Speedway in Sarver.

As much as people “ooh” and “ahh” over Fourth of July fireworks, they “huh?” and “what?” over the confusing state laws governing those fireworks.

In the days leading up to July 4, pop-up fireworks stands will appear across the state.

But they sell only fireworks that are legal for Pennsylvanians to own such as sparklers, small poppers and ground-based fountains that shoot sparks into the air.

However, out-of-state residents can enter any of the more permanent fireworks stores in Pennsylvania — stores with names such as Sky King and Intergalactic — and load up on Roman candles, bottle rockets and any other flash-bang device they want.

But legally they can't detonate them in the state.

William Weimer is the vice president of Phantom Fireworks, a fireworks importer and retailer that has 79 permanent stores in 16 states — including seven in Pennsylvania — and 1,300 temporary units such as the tents that went up in gas station and store parking lots in 17 states during the 10 days before July Fourth.

“Pennsylvania is one of the states that has very confusing laws,” said Weimer. “In our brick-and-mortar stores we have a full nine yards of consumer fireworks: Mortars, rockets, ground spinners, firecrackers and aerial items.”

“Any non-Pennsylvania resident who's over 18 and has a state-issued ID, or military ID or a passport that states they do not live in Pennsylvania can buy anything they want. The law says you have to take it out of state in 48 hours,” said Weimer.

Pennsylvania residents, he added, if they get a permit signed by authorities of a jurisdiction, can buy the full line of so-called display fireworks.

Residents without a permit are limited to buying sparklers and such.

“The roadside stands sell what we call 'safe and sane' ground-based products,” Weimer said.These temporary firework stands often are run by charitable groups who use the stands as fundraisers or by entrepreneurs looking to make some seasonal cash, Weimer said.So, a Pennsylvania resident can go into a Pennsylvania fireworks store and not be able to buy the same products someone from Ohio or Maryland can.And if they do, there could be consequences.Corporal Adam Reed, coordinator of the Public Information Office of the Pennsylvania State Police in Harrisburg, said, “We don't keep statistics on fireworks. Arrests would be under something like disorderly conduct.”“But it would lead to a fine. It would be a nontraffic type of citation. There wouldn't be any jail time. The fine wouldn't be more than $100,” Reed said.In addition to a fine, offenders would lose their fireworks.“The law includes confiscation. By law we would have to confiscate all of them,” Reed said.However, he added, if someone were charged and convicted of selling high-end display fireworks illegally that would be a felony.They could face worse than a court date, said Dr. David Rottinghaus, emergency room director at Butler County Memorial Hospital.Every July Fourth brings hand and eye injuries, burns, and lacerations caused by fireworks into his ER.“The severity of the injury depends on how powerful the particular firework was,” said Rottinghaus.“It's always a concern when you have something on fire and coming at your eye at a high rate of speed,” he said.Rottinghaus mentioned the famous incident of Giants defensive end Jason Pierre-Paul, 28, who lost his right index finger and parts of his right thumb and middle finger in a fireworks accident last July Fourth.

“In Pennsylvania it's pretty hard to buy the big stuff, but I grew up in Ohio and it wasn't surprising to hear about somebody losing a finger or thumb to fireworks,” Ruffinghaus said.Even municipalities need to have permission to set off fireworks, according to Mars Mayor Gregg Hartung.For Monday's fireworks display, the borough had to apply for a permit from Adams Township since the fireworks launch site on Reservoir Hill is just outside borough limits.“It's just a base agreement. We had to draw a map, alert the fire department and emergency personnel and show that we have liability insurance,” said Hartung.The borough requires its fireworks displayer, in this case Pyrotecnico of New Castle, to prove it also has liability insurance, said Hartung.“We've used them for four or five years,” he said. “We put it out of bid and the council makes a decision, based on cost and professionalism, in March.”He said the 20-minute aerial display costs $10,000, a fee paid for with donations from businesses and individuals, not tax money.Hartung said the display and the preceding parade bring four thousand to five thousand people to Mars.Weimer said the state fireworks law, changed in 2004, could be modified again.“Legislation has been introduced in the Pa. Legislature but I would never predict what the legislature might do,” he said.But he would predict this looks to be a bang-up selling season.“It's a four-day weekend for some. The weather looks to be good. The economy is strong. The early indicators are it will be a strong holiday. We won't know until the last four or five days,” Weimer said.While the Fourth of July is the big holiday for fireworks sales, Weimer said there is “little bump in sales at New Year's in Hawaii and Puerto Rico.”

PyroFest, the Pyrotechnics Guild International convention in May at Cooper's Lake campground near Slippery Rock, lets the crowds see innovative presentations by industry professionals from around the globe.

Frequently asked fireworks questions


QUESTION:Can I use fireworks in Pennsylvania?

ANSWER: State law prohibits the use of consumer and display fireworks in Pennsylvania without a permit.

Items defined as “ground and hand-held sparkling devices,” “novelties” and “toy caps” in American Pyrotechnics Association Standard 87-1 are not currently regulated by state law; therefore, their sale and use are permissible.

These “non-fireworks” are the only types allowed to be sold from tents, stands, convenience stores, retail establishments and other various outlets not licensed by the Pennsylvania Department of Agriculture.

QUESTION:Can I buy regular fireworks — not sparklers or novelty items — under any conditions?

ANSWER: This answer depends on whether or not you are a Pennsylvania resident.

Pennsylvania residents may purchase consumer fireworks only with a display permit issued by the municipality wherein the display will take place.

Non-residents, because of an amendment to the Fireworks Law, effective Nov. 30, 2004, makes it legal, upon proof of out-of-state residency, to purchase consumer fireworks from a facility licensed by the state Department of Agriculture provided the fireworks are transported directly out of state by purchaser.

QUESTION:Who enforces the Fireworks Law?

ANSWER: Any law enforcement officer having jurisdiction may make an arrest and confiscate fireworks under the Fireworks Law.

To report a violation of the Fireworks Law, contact the police department servicing your area as one would to report any other crime.

QUESTION:What precautions should people take when using permitted novelty items or sparklers?

ANSWER: It's best to leave any type of fireworks to the experts. But if you decide to use permitted novelty items or sparklers:

- Always read and follow the instructions carefully.

- Use items outside in an open area.

- A responsible adult should supervise all activities.

- Only light one item at a time.

- Place used items in a bucket of water before properly disposing of them.

QUESTION: What else should I know about fireworks?

ANSWER: Cherry bombs, M-80s, M-100s, silver salutes and other illegal fireworks are all extremely dangerous. In addition, fireworks constructed from mail-order kits are illegal and dangerous to assemble or use. Never attempt to make your own fireworks or tamper with fireworks.

SOURCE: Pa. State Police

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