The following words and phrases when used in this chapter shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
APA 87-1
The American Pyrotechnics Association Standard 87-1: Standard
for Construction and Approval for Transportation of Fireworks, Novelties,
and Theatrical Pyrotechnics, 2001 edition.
CONSUMER FIREWORKS
A.
The term includes any combustible or explosive composition or
any substance or combination of substances which is intended to produce
visible or audible effects by combustion, is suitable for use by the
public, complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR (relating to commercial practices) or any successor
regulation and complies with the provisions for "consumer fireworks"
as defined in APA 87-1, the sale, possession and use of which shall
be permitted throughout this commonwealth.
B.
The term does not include devices such as "ground-and hand-held
sparkling devices," "novelties" or "toy caps" in APA 87-1, the sale,
possession, and use of which shall be permitted at all times throughout
this commonwealth.
DISPLAY FIREWORKS
As defined in 27 CFR 555.11 (relating to meaning of terms)
and explained herein: Large fireworks designed primarily to produce
visible or audible effects by combustion, deflagration, or detonation.
This term includes, but is not limited to, salutes containing more
than two grains (130 mg) of explosive materials, aerial shells containing
more than 40 grams of pyrotechnic compositions, and other display
pieces which exceed the limits of explosive materials for classification
as "consumer fireworks." Display fireworks are classified as fireworks
UN0333, UN0334, or UN0335 by the United States Department of Transportation
at 49 CFR 172.101. This term also includes fused setpieces containing
components which together exceed 50 mg of salute powder.
PERSON
A natural person, corporation, foundation, organization,
business trust, estate, limited-liability company, licensed corporation,
trust, partnership, limited-liability partnership, association or
other form of legal business entity. Whenever used in any clause prescribing
and imposing a penalty, a "person" includes the individual members,
partners, officers and managers of the association, general or limited
partnership, corporation, limited-liability company, professional
corporation or other similar entity.
If use of consumer fireworks is not otherwise prohibited by
this chapter, Act 74 of 2022, or any other law, a person may only use consumer fireworks
on the following days between the following times:
A. July 2, 3 and 4 and, when July 4 falls on a Tuesday, Wednesday or
Thursday, the immediately preceding and following Friday and Saturday,
between 10:00 a.m. and 1:00 a.m. the following day;
B. December 31, between 10:00 a.m. and 1:00 a.m. the following day;
C. Memorial Day, including the immediately preceding Saturday and Sunday,
between 10:00 a.m. and 10:00 p.m.; and
D. Labor Day, including the immediately preceding Saturday and Sunday,
between 10:00 a.m. and 10:00 p.m..