Berks County Bar Association The Berks Barrister Summer 2021 - 15

w w w . B E R K SB A R .o r g
I
n 1939, Governor Arthur James signed the Fireworks Law
banning the use of most fireworks by Pennsylvania residents.
According to a newspaper account soon after July 4 of that
year, Governor James declared " [e]veryone discovered that because
of this new law they can have an even better time free from
customary worries. " While devices such as sparklers, deemed
" novelty fireworks, " were allowed to be sold to Pennsylvania
residents, and there were amendments over the decades, more
powerful fireworks were mainly limited to licensed professional
displays and sales to out-of-state residents.
In 2017, Act 43 was signed into law by Governor Tom Wolf.
Act 43 allowed Pennsylvania residents over age 18 to purchase
and use consumer fireworks, in addition to the novelty items
previously permitted. Act 43 defined consumer fireworks as those
containing a maximum of 50 milligrams of explosive material,
such as firecrackers, Roman candles and bottle rockets.
Allowing the sale of fireworks to Pennsylvania residents,
with a new tax and increased retail licensing fees, possibly could
raise needed revenue for the Commonwealth. Pennsylvania
residents were purchasing consumer fireworks in other states and
transporting them to Pennsylvania, in addition to illegal sales, and
state officials believed that allowing their legal sale would capture
this lost and much-needed revenue source.
Exploding Sales and State Revenues
Act 43 provided for two new sources of revenue for
Pennsylvania. It added a 12% tax on the sale of consumer
fireworks, over and above Pennsylvania's regular 6% sales
tax. There were also new and higher licensing fees for retail
fireworks sellers paid to the PA Department of Agriculture.
The Pennsylvania licensing fees are now the highest in the
United States, with fees of up to $20,000 for " brick
and mortar " stores, and a $1,500 application fee, and
$3,000 license fee for retail tents and temporary
structures. It is estimated that since Act 43 went
into effect, more that $70 million per year worth
of fireworks have been sold in Pennsylvania,
with taxes collected in excess of $8 million
per year. The licensing fees for fireworks
merchants, which prior to Act 43 generated
negligible revenue at $385,000-$410,000 per
year from 2015 to 2017, have now totaled
approximately $1.5 million per year since
the passage of Act 43.
The Rockets' Red Glare Dims
The adoption of Act 43 brought in revenue, but almost
immediately it was apparent that it carried consequences for
municipalities and their officials, emergency responders, and
residents. While residents quickly learned of their right to
purchase more powerful fireworks, many were not observing the
law's limitations on their use. Under the law, fireworks cannot be
discharged:
* on public or private property without express permission of
the property owner;
* from, within or toward a motor vehicle or building;
* within 150 feet of an occupied structure, regardless if a
person is present; or,
* while the person is under the influence of alcohol, a
controlled substance, or another drug.
Under the first three parts of these restrictions, there is nearly
no place in a city, and few places in Boroughs and suburban areas
of Townships where fireworks may be used outside of a licensed
professional display. Reading City Council President Jeffrey S.
Waltman, Sr. the city becomes a " war zone " during the Fourth
of July holiday due to the illegal discharge of fireworks. The sale
of fireworks used unlawfully in the City is " putting our police
and firemen in a lot of unnecessary risk. " Waltman is a strong
advocate for the full repeal of Act 43, calling the noise conditions
and fire danger in the summers since Act 43 " unbearable "
declaring that the City and its responders " don't have time for the
cat and mouse game " over enforcement.
Similar impacts have occurred throughout the
Commonwealth. In Philadelphia, the Police Department fielded
more than 8,500 fireworks complaints between May
29 and June 29, 2020. The City of York created
a special police unit to address fireworks
complaints. Likewise, the City of Pittsburgh
set up a fireworks task force. Fireworks
have caused structure and vehicle fires, and
there have been serious injuries. Even
without physical injuries, there have been
complaints of trauma to children, senior
citizens, individuals with special
needs such as autism, combat veterans
with PTSD, and to animals,
especially household pets
and horses.
Continued on next page
Summer 2021 | 15
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Berks County Bar Association The Berks Barrister Summer 2021

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https://www.nxtbook.com/hoffmann/BerksCountyBar/BerksBarrister_Fall2018
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