Pennsylvania's Act 43 of 2017 (the Fireworks Law) legalized consumer fireworks statewide and largely preempts local bans, but it imposes strict use limits that apply in Philadelphia: consumer fireworks may not be discharged within 150 feet of an occupied structure, from or toward a building or vehicle, on property without the owner's permission, or while under the influence. Philadelphia's Fire Code and a 2020 City Council ordinance add a citywide ban on use after 9 p.m. except on federal holidays.
Under Pennsylvania's Fireworks Law (Act 43 of 2017, codified at 72 P.S. Section 9401 et seq.), 'consumer fireworks' are Class C / consumer-grade devices containing up to 50 milligrams of explosive material, and anyone over 18 may purchase, possess, and use them. The Pennsylvania State Police fireworks guidance states they 'Cannot be discharged within 150 feet of a building or vehicle,' 'Cannot be discharged while the person is under the influence of alcohol, a controlled substance or another drug,' 'Cannot be discharged from or directed at a building or vehicle,' and 'Cannot be ignited or discharged on public or private property without express permission.' Because nearly all Philadelphia rowhomes sit well within 150 feet of an occupied building, this state setback effectively prohibits backyard consumer fireworks across most of the city. The City layers on additional rules: per the City's official guidance, the Philadelphia Fire Code bans use of consumer fireworks within 150 feet of occupied properties and prohibits setting off fireworks on public or private land without the owner's permission, high-explosive devices such as M-80s are illegal, and a bill passed by City Council in October 2020 makes it illegal to set off fireworks after 9 p.m. except on federal holidays.
Discharging consumer fireworks in violation of Pennsylvania's Fireworks Law is a summary offense punishable by a fine of up to $500 for a first offense (and up to $1,000 for repeat offenses within three years). Philadelphia separately enforces its Fire Code and the post-9 p.m. ban; residents are directed to call 9-1-1 to report high-explosive fireworks, fireworks near occupied properties, late-night use, and illegal street sales.
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Philadelphia, PA
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