New rules for PA

[Salutecake]

Retailers who sell fireworks in the commonwealth must adhere to regulations that were set in 2006 by the National Fire Protection Association, but SB 694 removes that.
“An individual or entity which performs, provides or supervises consumer fireworks or display fireworks displays or exhibitions for profit shall register annually with the attorney general in accordance with 37 pa. Code ch. 711 (relating to registration for fireworks displays). A certificate of registration issued by the Attorney General shall be provided upon request by law enforcement officials.”

What does it all mean.

[jknepp1954]

Retailers who sell fireworks in the commonwealth must adhere to regulations that were set in 2006 by the National Fire Protection Association, but SB 694 removes that.


When the Sen Farry introduced the original bill that became law in Sept 9, 2022.....They had referred to NFPA 1124 VVersion 2006 - which was a horribe notion - introducing alot of crap that didn't make stores or fireworks safer - but rather drain the wallets of companies to try to comply. The larger sq ft stores had to do most of these because they were larger and the normal NFPA 101 firecodes and building codes superceded anyway. But since 2005 and on you had stores that were in 2 story houses .... Phantom had one somewhere.... Then they wanted you to have 3 instead of 2 entry/egress doors....stuff like that. I personally had noticed this in June of '22 - made a couple calls to Harrisburg - oh we don't have anything to worry about (they didn't have a CLUE what 1124 2006 version had). I begged them they don't want this writing - plz revise it and get that out of there - or you are going to have a MAJOR disaster on your hands and put half the businesses out of biz. Or financially CRIPPLE these companies unnecesarrily. But they either didn't listen or stuff FELL BETWEEN the CRACKS! So we had this crap shoot going on. We were shown SOME mercy this yr as we had our yearly inspections. We didn't have to comply to the NEW RULES (just the old ones) BUT if laws didn;t change we would have to by next inspection - or we would have to close our stores. Some companies did do what was necessary and revised stores to comply. but others like our was "WAITING" it out - finally bill passed sucessfully in the HOUSE and SENATE - then passed to GOv desk on Monday - Wednesday NOV 1 Gov Shapiro signed it. PHEW - dodged the bullet on that one!


“An individual or entity which performs, provides or supervises consumer fireworks or display fireworks displays or exhibitions for profit shall register annually with the attorney general in accordance with 37 pa. Code ch. 711 (relating to registration for fireworks displays). A certificate of registration issued by the Attorney General shall be provided upon request by law enforcement officials.”


WHERE DID YOU GET THIS AT? This is what is in the current writing of the law...
"§ 1111. Attorney General.

An entity which performs, provides or supervises fireworks displays or exhibitions for profit shall register annually with the Attorney General in accordance with 37 Pa. Code Ch. 711 (relating to registration for fireworks displays)."
I can't find where it relates to CONSUMER FIREWORKS.

What does it all mean.
See add ons above!

[displayfireworks1]

This Pennsylvania Attorney General Registration is nothing new. Back in the day before 2003 we used this to purchase Consumer and Display Fireworks in Pennsylvania. Remember prior to 2017 Consumer Fireworks were illegal in Pennsylvania. In 2003 the ATF took all of this 1.3 over. In addition in 2017 PA went Consumer Fireworks legal. I had this Attorney General registration for years prior to 2003. I purchased Consumer and Display product in Pa with it. They would actually send me reminders to renew. The best part was it was free. If I remember correctly, PA continued this until around 2005. This one pictured is mine from 2003. The few people I know doing these PA low budget local displays will tell me occasionally these local townships will ask for it. I’m shocked it is still around. Some of these old state regulations are still on the books. I suspect this is one of them.
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[Salutecake]

This was in some headline news, on Saturday I believe, about Shaprio signing 4 new bills into law, one of the laws about fireworks I posted here, the others I did not.

I'm just wondering when the time comes is it just better to sign up at the Attorney Generals office, even though I do not plan on doing any shows for profit but also I might work for someone that does so has to be considered a "supervisor" or just register in the even that I might shoot a show for profit. You know these laws are so vague until you end up in court, then your nailed. lol

[Salutecake]

reference; https://www.abc27.com/pennsylvania/pennsylvania-gets-four-new-laws-for-fireworks-floods-fertilizer-organic-food/

https://www.attorneygeneral.gov/fireworks-display-registration/

[Salutecake]

After reading the Attornry generals page, I don't think I will be filling out one of these forms.

I wonder if you have to fill this out if you shoot a show with consumer and pro products for profit?

[displayfireworks1]

Great post. I had no idea this was recently brought back and apparently enhanced. There is something more behind it , I'm just not sure what that is.
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https://www.youtube.com/watch?v=1c6ipVBoZnk

[Salutecake]

Hey Dave just some further info and thought: looking at the AFSL home page, https://www.afsl.org/ if you scroll down to the bottom there is a list for Consumer and Display, I did not read much yet but is appears they have been testing Consumer stuff for years.
I don't know the players in the industry, perhaps some here do, but the Board members and staff are listed, perhaps one of them has a link to the PA Attorney Generals office?
https://www.afsl.org/node/16
https://www.afsl.org/node/15

[jknepp1954]

OK - i did not realize until now about this AG rule. Its been that way FOREVER for the 1.3 sector - but somehow this got "snucked" into the writing pertaining to NFPA 1124 2006.
WHY? I don't have a clue.....but its there. As a fireworks company we will do what we have to do - not a big deal.
BUT the hobbyist/enthusist? ....we shall see what happens.....

[displayfireworks1]

Joyce from reading it , I believe this pertains to a for profit display only. That AFSL language as part of the application I find interesting. If you notice you can answer Yes or No on that part and it does not appear to effect the outcome of the application at this point. What is the point of that on the application? Is it headed to only AFSL approved products can be used in the future on Pennsylvania for profit displays. Come to think of it years back I did see an AFSL sticker on a Display product, I think I made comment about it in one of my videos. Then I heard the AFSL gave up on trying to fully implement those regulations in the 1.3 category. I know AFSL is involved in Consumer products , if someone knows more about AFSL and the 1.3 products would be great to get an update. Someone in the industry is involved in this. Remember none of the pyrotechnic knowledge base is taught in any school or college thus someone in the industry has to educate these legal authorities when they formulate something like this. Who in the industry told them to put that AFSL question Yes or No on the application.
Maybe I am overthinking it but I suspect most applicants will be unsure what to answer on that AFSL question so they will just answer Yes. It is more of a survey questions , then after 2 or 3 years they look how many Yes answers there were on previous applications. If that number is high , the next move is to write in the regulations that ONLY AFSL products can be used. The rationale will be that is not a burden to the industry because almost all applicants answered Yes anyway when they reviewed previous applications. The ATF did a similar question during my last interview asking questions about did I have cameras for security yes or no. When enough applicants answer yes , I suspect the ATF will require camera security, the rationale again will be the already high number of previous Yes answers.

[displayfireworks1]

I ask one of my Pennsylvania representatives to research the yes/no question on the registration as it pertains to the American Fireworks Standards Laboratory (AFSL). While still not clear, here is the response and my further request for more information.
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So I got a long response from research...
xxxxxxx
xxxxxx xxxxxxx
The form at the link provided has been there since the regulation at 37 PACode, Section 711 was enacted in 1992. It applied to business entities providing fireworks displays for profit, which at that time, meant any type of fireworks because there was no distinction in the law between "consumer fireworks" and "display fireworks." However, at that time, "consumer fireworks" were not available to the general public, so it really only applied to the use of "display fireworks."



I’ll offer some history of the Fireworks Law which should be instructive.



The initial Fireworks Law was Act 65 of 1939. In 1984, a provision was added that required business entities that perform, provide or supervise fireworks displays or exhibitions for profit to annually register with the Attorney General, and for the AG to promulgate regulations to implement that provision. Regulations were promulgated by the AG in 1992, and are found at 37 PaCode, Section 711.



https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/037/chapter711/chap711toc.html&d=



In 2004, there was a comprehensive rewrite of the Fireworks Law and the language regarding business entity registration did not change. I will note, however that this rewrite of the statute defined “consumer fireworks” and “display fireworks” for the first time, where previously, references were generically just to “fireworks” and “fireworks displays.” In addition, "consumer fireworks" were not available to PA residents who did not possess a municipal permit to use them, and so again, the provision largely applied to users of "display fireworks."



In 2017, the 1939 Fireworks Law was repealed and replaced by a new article in the Tax Code via HB 542. Again, the business entity registration provision did not change, nor did it clarify any differences between consumer fireworks and display fireworks in that section. However, that was the first year that "consumer fireworks" were made available to all Pennsylvanians, regardless of having a municipal permit to use them.



Last year, the article in the Tax Code was repealed and replaced by a new chapter in the Agriculture Code that remains our current Fireworks Law (3 PACS, Chapter 11). Language that was enacted on July 11, 2022 via HB 2157 removed the reference to business entities and requires ANY entity that performs, provides or supervises a fireworks display or exhibition FOR PROFIT to annually register with the AG. Again, there was no distinction between the types of fireworks used in a display. As such, as of about a year ago, the law required anyone who uses ANY TYPE of fireworks for profit to register with the AG.



Via SB 694, which was signed on November 1, 2024 with an immediate effective date, the provision related to registration was clarified to apply to the use of both "consumer fireworks" and "display fireworks" for profit. The language is found at 3 PACS, Section 1111.



It appears that the form on the Attorney General's website has not yet been updated to reflect current Fireworks Law...either last year's or this year's. Additionally, I have no idea why there are certain questions on the form, but it was, indeed, generated by former Attorney General folks. Some of those items would not apply to the use of consumer fireworks, and there is an outdated reference to a law that has been repealed.



I don't have an answer for how to properly register with the Attorney General until the form has been updated on their end.
www.pacodeandbulletin.gov
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Dear XXX
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Thank you for researching this. In 2003 the ATF took over display fireworks along with other explosives, that explains the 2004 changes. Of course in 2017 Consumer Fireworks went legal in Pennsylvania. That further explains the update to the 1939 law. Not sure if it is possible to historically research the Yes/No question on the application as it relates to the American Fireworks Standard Laboratory (AFSL) question. What significance if any does that have on the registration? Does that question affect the application? Name , address insurance etc all seem reasonable registration questions. What fireworks inspection certification organization (of which there are many) approves the production of the display fireworks used in Pennsylvania displays has on the application/registration is the question I would like answered. what is the rationale behind this question on the State of Pennsylvania application?

[displayfireworks1]

Update
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I’m guessing someone decided to add it on their own. I’ll keep searching but nobody seems to wanna talk about it or know
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Yes you are correct. This is why they responded with the generic history of the registration and did not want to directly address the American Fireworks Standard Laboratory certification question. I suspected whatever answer you obtained would be ambiguous and not a direct answer to my initial question. This is no surprise. I may have to file an official information request although I suspect that will come back as no historic record found. Thanks for the time you and your staff spent on this.

[Salutecake]

Great work there Dave.

[Arclight]

Your state has an interesting history of doing their own regulation of explosives due to the coal mining industry. I understand that PA was able to self-regulate a lot of stuff that MSHA (the federal Mine Safety & Health Administration) was running in other states, at least up until the 90s. There is an interesting documentary about this:

https://www.youtube.com/watch?v=uOzmd5aZIzQ