Pennsylvania Act 43 of 2017 (35 P.S. Β§1303 et seq.), as amended by Act 74 of 2022, legalized consumer fireworks (aerial and explosive devices) for residents 18 and older - reversing Pennsylvania's prior near-total ban. Consumer fireworks may not be discharged within 150 feet of an occupied structure or vehicle (whether or not owned by the user), on public or private property without consent, indoors, or while impaired. Lehigh County municipalities (including Allentown) may further restrict times, places, and discharge under their own ordinances.
Pennsylvania's Fireworks Law is Act 43 of 2017 (effective October 30, 2017), codified at 35 P.S. Β§1303 et seq. (Title 35, Chapter 9, Subchapter C of the Health & Safety code). Act 43 repealed the 1939 fireworks ban and authorized the sale of 'consumer fireworks' (defined under federal CPSC standard 16 CFR Β§1500.17 - aerials, mortars, Roman candles, firecrackers β€50 mg) to Pennsylvania residents 18+. Act 74 of 2022 (effective October 1, 2022) tightened restrictions and created clearer enforcement. Under 35 P.S. Β§1305 (as amended by Act 74), consumer fireworks may not be: (1) discharged within 150 feet of an occupied structure or vehicle, regardless of ownership; (2) discharged on public or private property without express written consent of the owner; (3) discharged from or directed at a motor vehicle or building; (4) discharged while under the influence of alcohol or controlled substances; (5) ignited or discharged by a person under 18; or (6) used within 150 feet of livestock without 72 hours' written notice (and never within 150 feet of an animal housing facility). 'Display fireworks' (professional aerial shells) still require a state permit under 35 P.S. Β§1304. Local ordinance authority: 35 P.S. Β§1306 expressly authorizes cities, boroughs, townships, and counties to enact more restrictive ordinances than state law - including hour-of-discharge limits, holiday-only allowances, and full bans. The City of Allentown and other Lehigh County municipalities have used this authority to limit the times when fireworks may be discharged. Pennsylvania imposes a 12% consumer fireworks tax on retail sales (Act 43, codified at 72 P.S. Β§8902-A) on top of the 6% state sales tax. Sale is restricted to licensed retailers regulated by the PA Department of Agriculture and PA State Police.
Violations of 35 P.S. Β§1305 are summary offenses on first offense punishable by a fine of $100 (35 P.S. Β§1310). Second and subsequent offenses are summary offenses with fines up to $500. Discharge while impaired or directing fireworks at a person, vehicle, or structure is a misdemeanor of the third degree under 35 P.S. Β§1305(d)(3), punishable by up to one year in prison and a $2,500 fine (18 Pa.C.S. Β§1101). Violations of local ordinances enacted under 35 P.S. Β§1306 carry fines and remedies set by the municipality. Property damage or personal injury from illegal fireworks may also result in civil liability and additional charges under 18 Pa.C.S. (e.g., reckless endangerment, arson).
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