Pennsylvania’s fireworks law still needs work

(The Center Square) – Pennsylvania’s legalized fireworks industry continues to endure growing pains as business owners, regulatory agencies and first responders all look for ways to make the national pastime safer – without going too far.

In 2017, the state’s General Assembly repealed long-standing legislation that prevented retailers from selling “consumer grade” fireworks to Pennsylvania residents. Despite their legal status within the commonwealth, the industry already had a robust industry grounded in out-of-state sales and professional pyrotechnic displays.

In the years since the change, the state has seen a major uptick in tax revenue from sales to $14 million per year, much of which is used to fund fire and emergency services and consumer safety education.

Seeing opportunities for improvement, the House Committee on Agriculture and Rural Affairs hosted an informational session in Erie. The committee wants to identify where more clarity and guidance can assist sellers and enforcement agencies alike in creating a safe culture around fireworks.

“The fireworks law is six pages long,” noted Walt Remmert, Director of Ride & Measurement Standards within the Department of Agriculture, which oversees licensure for fireworks retailers.

“Perhaps there is some opportunity to add some additional language to it in the future that would allow some clarity to be given to existing operators and to foresee potential gray areas that aren’t covered specifically in language,” he said.

Remmert noted that his department works closely with the state police and fire commissioner as well as local municipalities to ensure that rules and regulations are being followed, but he can only enforce what is written into law.

“If the language is there, I can do it,” he said. “If the language doesn’t exist, I can’t.”

It often comes down to municipalities creating and enforcing more specific rules, like limiting fireworks use to certain holidays, hours, or areas. To fill in the gaps, both the industry and the state focus on educating consumers about responsible use.

“At Phantom Fireworks, we flood our customers with fireworks safety messaging”, said Dan Peart, Director of Government Affairs for Phantom Fireworks. The company also makes significant contributions to local fire and emergency services where they operate.

Despite increased efforts to safety education outreach, many say the negative impact outweighs the positive. This raises questions about whether laws can be successfully enforced to protect consumers from injury, forests and private property from fire, and both domestic and wild animals from harm.

According to national figures, fireworks-related injuries have fallen 68% since 1994. While Pennsylvania doesn’t collect specific data on the issue, state Fire Commissioner Thomas Cook said that anecdotally, first responders have seen major upticks in calls and emergency visits from firework accidents since the law change in 2017.

The sight and sound of fireworks can also trigger physiological responses, especially for veterans and others who have suffered PTSD from gun violence or similarly explosive events.

Rep. John Lawrence, R-West Grove, noted that across Chester County horse owners are faced with fireworks going off year-round, spooking horses leading to injury and worse.

“You cannot sedate your horse every night,” he said.

Pet owners are also well familiar with the havoc that fireworks can cause. Dogs and cats with strong hearing often undergo acute stress and anxiety as a response to the sound.

Meanwhile, birds and other wildlife can become startled and disoriented by the sight and sounds, causing them to run or fly toward danger, fleeing their nests and frequently dying as a result.

One of the most obvious consequences is the risk of fire. As recently as this past July, New Jersey saw a massive wildfire in Wharton State Forest due to the use of illegal fireworks.

Lovers of fireworks say that the bad behavior of a few shouldn’t ruin the pastime for everyone. Pashinski noted that, like driving a car, fireworks are inherently dangerous, and violations should come with prohibitively severe repercussions.

“Some people follow the rules,” he said. “Some people test the rules, and some people say I don’t have to follow any rule. That’s where your consequences come in.”