You see them in parking lots along the roads and streets in Pennsylvania this time of the year … but is the stuff for sale there legal? Well, it depends … the legal products include: sparklers, fire crackers, fountains, bottle rockets, and Roman candles …

An article in the Hazleton Standard-Speaker elaborates, “With little enforcement in place, people may be surprised to learn that so-called “consumer fireworks” cannot under state law be sold to Pennsylvania residents without a permit from the municipality in which the display will occur. The rules are more lenient for out-of-state residents.”

Columbia’s code on “Prohibited Acts and Violations” suggests that certain kinds of fireworks may be a violation of the “noise disturbance” code:

• “Noise disturbance prohibited. In addition to the specific prohibitions outlined in this chapter, no person shall make, continue or cause to be made or continued any noise disturbance, nor shall any person suffer, allow or permit any noise disturbance to be made or continued from or at any property, whether real or personal, that is subject to such person’s right to control.”
• “Explosives, firearms and similar devices. Firing any explosives, firearms or similar devices which create impulsive sound so as to create a noise disturbance across a residential property line or commercial property line (boundary) or on a public space or right-of-way.”
• “Prima facie violation. The noise from any of the aforesaid acts that disturbs two or more residents who are in general agreement as to the times and durations of the noise and who reside in separate residences, including apartments and condominiums, located across a property line (boundary) from the property on which the source of the noise is generated shall be prima facie evidence of a noise disturbance.”

• “Authority. The Noise Control Board shall have the authority to grant variances, consistent with the provisions of this section, after public hearing, upon application of any person who owns, controls or operates any sound source which does not comply with the provisions or standards of this chapter.”

There is a far more important aspect to fireworks … safety!

Each year thousands of children and adults suffer injury when they do not take adequate safety precautions when using fireworks. The American Pyrotechnics Association wants you to know, “The fireworks industry remains committed to providing the safest products available, as well as to educating the public on the proper ways to safely enjoy the great American tradition of celebrating with backyard fireworks.” Follow these tips and watch this video (Fireworks tips from the Firecracker Moms): http://www.youtube.com/watch?v=sjNNt0mTbEk

(SOURCE for the following article: WPVI-TV)

June 26, 2008 (WPVI) — Shops and roadside stands in Pennsylvania are selling fireworks for the Fourth of July. They can be sold in Pennsylvania but some can only be sold to out-of-state residents.

These impressive-looking sparkler-based products are selling in many stores, but are they legal to use in Pennsylvania?

“These are like basically novelty products and these are completely legal,” said Stephen Ngo with Nitro Fireworks.

Action News bought a few fireworks and set them off with the help of firefighters at the Bucks County Public Safety Training Center. Although the packaging looked impressive, the show was pretty minor.  

“Looks like maximum height is about 10 foot,” said Fred Hashagen with the Bucks County Public Safety Training Center.

However, fire officials warn that even though some fireworks look small they are still dangerous.

“I definitely don’t take them lightly,” said Hashagen.

“Make sure when you do any of this that you stand back and you wait until it goes completely out,” he added.

Other safety tips, make sure to place the products on a paved surface away from buildings and brush that can catch fire.

Also, be sure you have enough distance to get away, the rule of thumb is about 30 yards.

And wear eye protection and gloves especially for hand-held fireworks.

Lastly, make sure to have water nearby to douse them once they go out.

And remember, just because the state allows you to have fireworks your city or township may not. “Check with your ordinance in your area especially for sound and for fireworks period even though their legal in Pennsylvania they may not be in your area,” said Hashagen.

If you’re still confused about what is legal and what is not, state police say remember this.

“If it flies or explodes it’s illegal to possess as a Pennsylvania resident,” said Captain David Young with the Pennsylvania State Police.

Now you may still see bigger fireworks at stores here in Pennsylvania.

Those are allowed to be sold here but they can only be bought by out-of-state residents.

That is a loophole in Pennsylvania law that lawmakers are trying to close.

But if you live in New Jersey or Delaware – you are not allowed to have any fireworks at all without a permit.”