As the summer season begins, some revelers might be looking forward to home fireworks celebrations.
Those fireworks fans shouldn’t count on being able to buy the recently made lawful more-powerful fireworks at tent sales or other temporary sales sites.
A Dec. 4, 2018, court ruling struck down part of a 2017 law allowing the sale of mortars, repeaters, Roman candles and other powerful aerial items from tents and temporary stands.
Tent and temporary structure stores can still sell sparklers, fountains and novelty-type items.
The ruling is the result of a lawsuit brought by Phantom Fireworks and Sky King Fireworks. Those two companies sought to have the entire 2017 law repealed.
Both companies operate fireworks stores just across the state line in Ohio.
Rizer Fireworks, just south of Marienville, and the Pennsylvania Pyrotechnics Association did not support the repeal of the entire 2017 law.
The ruling will help sales at “brick and mortar” stores like Rizer’s and even Phantom Fireworks and Sky King Fireworks.
Phantom and Sky King argued they had invested millions in building stores that met state safety requirements. The 2017 law, they argued in court, created unfair competition from tent and temporary stand sellers who had virtually no overhead expenses.
Phantom and Sky King alleged National Fire Protection Association safety regulations for tent operations are inadequate.
The Commonwealth Court decision was based on a determination that Act 43 of 2017 “unconstitutionally delegated its responsibility for ensuring those explosives are sold safely.”
The court found the “delegation of authority occurred because Act 43 doesn’t set specific state safety standards, but states only that tent sellers must comply with National Fire Protection Association safety standards.”
The court ruled the legislature can’t “hand off” an issue such as that.
The ruling said the law allowing fireworks sales left the NFPA “free to create, alter or remove any standard it chooses concerning temporary structures used to sell fireworks.”
“Notably, although Act 43 does contemplate safety inspections of the temporary structures, neither the General Assembly nor the inspectors have any control over the safety standards to be applied in those inspections,” the court ruled.
In the end, the court ruling bans tent operations from selling the more powerful and larger fireworks allowed in the 2017 law, but allows the sale of those items at “brick and mortar” stores like Rizer’s.
“We’re open and ready for summer,” said Rizer’s Fireworks co-owner Mary L. Rizer. “We invite all Pennsylvania residents to come out and celebrate our 35th anniversary with us with many great specials, deals and bonuses.
“Our knowledgeable staff will help make your event a success.”
For more information about the law changes and fireworks, visit www.rizerfireworks.com.
