Berks County Bar Association The Berks Barrister Summer 2021 - 16

w w w . B E R K SB A R .o r g
More Bombs Bursting in Air: Fireworks in PA Since Act 43
Continued from page 15
provided that the ordinance does not
conflict with state law. The bill would
limit the use of fireworks to between
10 a.m. to 9 p.m. Sunday through
Thursday and 10 a.m. to 10 p.m. on
Friday and Saturday, with extended
hours for certain holidays. Additionally,
the legislation would require each
consumer fireworks purchase to
include a notification that provides the
conditions, prohibitions, and limitations
for using fireworks. The fines would
also increase under this bill. HB 1628
was immediately referred to the House
Local Government Committee for
consideration.
Lowering the Boom - Legislative Response
With state lawmakers conscious of the revenue raised by the
expansion of fireworks sales but facing pressure from local officials
and frustrated residents, several bills have been introduced to fully
repeal or revise Act 43:
* HB 1687 would amend Act 43 by setting times when
fireworks could be used and increasing penalties for selling or
using fireworks in violation of the rules. The bill would also
dedicate more fireworks-related revenue to local emergency
services rather than to the state's general fund. The bill was
referred to the House Agriculture & Rural Affairs Committee
in July 2019.
* SB 932 would allow cities with populations of at least 58,000
and townships of the second class with populations of at
least 60,000 to enact ordinances prohibiting use of consumer
fireworks. After passing the Senate by a 49-1 margin, the bill
was referred to the House Veterans Affairs and Emergency
Preparedness Committee on July 30, 2020.
* HB 988 would repeal the changes to the fireworks law from
2017, and was referred to the House Agriculture & Rural
Affairs Committee in March 2021, where it remains.
* HB 1628 was just introduced on June 15th and would amend
Act 43 to give municipalities greater authority to regulate the
use of fireworks and would increase penalties for any violations
of local regulations. Under this bill a municipality could
enact an ordinance regulating the use of consumer fireworks,
16 | Berks Barrister
While it has been predicted that full repeal is unlikely, local
pressure may lead to the legislature allowing more local limitations
on sales and use of consumer fireworks.
Ms. London is an attorney with Kozloff
Stoudt in Spring Township. She serves
as co-chair of the Berks County Bar
Association's Municipal/Education/Real
Estate/Environmental Section.
http://www.berksbar.org
Berks County Bar Association The Berks Barrister Summer 2021

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