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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WAUGH, BAKER, O'PAKE, ALLOWAY, BROWNE, COSTA, ERICKSON, FONTANA, KITCHEN, STACK, WASHINGTON, WONDERLING AND YAW, APRIL 8, 2009 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, APRIL 8, 2009 |
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| AN ACT |
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1 | Amending the act of May 15, 1939 (P.L.134, No.65), entitled, as |
2 | amended, "An act relating to fireworks; defining fireworks; |
3 | prohibiting the sale, offering or exposing for sale and use |
4 | of fireworks, except in certain cases; authorizing cities, |
5 | boroughs, towns and townships to issue permits for fireworks |
6 | displays, and to regulate the same; imposing duties on the |
7 | Pennsylvania State Police, sheriffs, police officers and |
8 | constables; and providing penalties," providing for a public |
9 | safety fee. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 4.5 of the act of May 15, 1939 (P.L.134, |
13 | No.65), referred to as the Fireworks Law, added November 30, |
14 | 2004 (P.L.1598, No.204), is amended to read: |
15 | Section 4.5. (a) A facility licensed by the Department of |
16 | Agriculture shall be exclusively dedicated to the storage and |
17 | sale of consumer fireworks and related items, and the facility |
18 | shall operate in accordance with the following rules: |
19 | (1) There shall be security personnel on the premises for |
20 | the seven (7) days preceding and including July 4 and for the |
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1 | three (3) days preceding and including January 2. |
2 | (2) No smoking shall be permitted in the facility. |
3 | (3) No cigarettes or tobacco products, matches, lighters, or |
4 | any other flame-producing devices shall be permitted to be taken |
5 | into the facility. |
6 | (4) No minors shall be permitted in the facility unless |
7 | accompanied by an adult, and each minor shall stay with the |
8 | adult in the facility. |
9 | (5) All facilities shall carry at least two million dollars |
10 | ($2,000,000) in public and product liability insurance. |
11 | (6) A licensee shall provide its employes with documented |
12 | training in the area of operational safety of a facility. The |
13 | licensee shall provide to the Department of Agriculture written |
14 | documentation that each employe has received such training. |
15 | (7) No display fireworks shall be stored or located at a |
16 | facility. |
17 | (8) No person who appears to be under the influence of |
18 | intoxicating liquor or drugs shall be admitted to the facility, |
19 | and no liquor, beer, or wine shall be permitted in the facility. |
20 | (9) No consumer fireworks or display fireworks shall be |
21 | ignited within three hundred (300) feet of a facility. |
22 | (10) Emergency evacuation plans shall be conspicuously |
23 | posted in appropriate locations within the facility. |
24 | (b) Upon each separate sale at retail of consumer fireworks |
25 | a fee equivalent to twenty-five percent (25%) of the purchase |
26 | price of the consumer fireworks shall be charged and collected |
27 | by a licensee. Seventy-five percent (75%) of the money collected |
28 | as a result of the fee imposed under this section shall be |
29 | remitted to the Volunteer Fire and Emergency Services Retention |
30 | Program Fund which is to be used to support volunteer fire and |
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1 | emergency services retention programs as set forth by law. |
2 | Twenty-five percent (25%) of the money collected shall be |
3 | remitted to the county treasurer of the county wherein the |
4 | facility is located for the use of the fire department with |
5 | jurisdiction over the facility. |
6 | Section 2. This act shall take effect in 60 days. |
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