You can't buy Roman candles and aerial fireworks at roadside tents in Pa.; Here's why

Note: This story was published in 2019.

It's been less than two years since Pennsylvania made it legal for residents to buy and set off bigger fireworks — the “good stuff” – and already changes have been made to the law to make it harder for residents to get their hands on the merchandise.

Until last year, Pennsylvanians could buy only what were considered "safe and sane" fireworks — sparklers, novelties and certainly nothing that could go into the sky.

But under House Bill 542, passed in October 2017, state residents could buy and use the full line of fireworks that comply with federal requirements for consumers, including Roman candles, bottle rockets, and other aerial fireworks.

Now that law has been narrowed, throwing out the language that permitted such sales from roadside tents. The lawsuit brought by Phantom Fireworks and select Sky King stores against the commonwealth, argued that their stores have special codes, sprinkler systems and security that the tents are not equipped with — if a fire were to break out, there would be no walls to confine the flames.

That means sales of Roman candles, bottle rockets and other airborne fireworks will only continue at the state’s brick-and-mortar fireworks stores…a good note to keep in mind being that fireworks season is upon us, said Julie Heckman, executive director of the American Pyrotechnics Association.

More:Where to see fireworks in York County this Fourth of July

These firework purchases are still tagged with a 12 percent tax to address budget gaps. The money for these purchases will go to a fund for first responders.

Story continues below gallery. Here's a look at a fire that damaged a home in York Township during fourth of July weekend last year.

Some local laws are stricter than state laws  

When the law changed, people complained about the risk neighbors posed setting them off too close to each other’s home, and about the effect the noise will have on children and pets, said York City Police Officer Derek Hartman.

But surprisingly enough, Hartman said, the department didn’t receive an influx of calls last year.

There was one report of a house fire in York Township over fourth of July weekend. Damage was caused by the falling remnants of a neighbor’s fireworks display, authorities said. The fire was mostly out by the time firefighters arrived, but not before it consumed a large bush, cracked a window, melted two porch lights and a doorbell, and damaged the front door, soffit and exterior molding, as previously reported by the York Daily Record.

Some cities and municipalities including Reading, Lancaster, Easton, and Wilkes-Barre have already taken steps to ban the use of more powerful fireworks, but Hartman said York has no such plans.

More:Wait til you see the wild and crazy names for fireworks that are now legal in Pennsylvania

Pa. fireworks restrictions

There still are some conditions and regulations tacked on to the law though. Display-grade fireworks are to be operated only by those with a permit, and certain devices — such as M-80s, M-100s, cherry bombs, or quarter- and half-sticks — still remain illegal under federal law. 

Fireworks cannot be ignited without permission of the property owner, and they cannot be discharged from, within or toward a vehicle or building.

Consumers must discharge fireworks more than 150 feet away from occupied structures, whether or not a person is inside at the time.

“I honestly don’t even think there is a place in York that would legally fit those descriptions,” Hartman said.

Purchases of consumer-grade fireworks are still limited to buyers 18 years of age or older. 

A violation of any of the rules - such as setting them off too close to an occupied structure — could garner a $100 fine, Heckman said. 

According to the Consumer Product Safety Commission, more than 9,000 Americans end up in the hospital in 2018 due to a firework-related accident. According to the commission, that is a notable decline from the 12,800 injuries in 2017.

“The important thing is that people are being safe since we know they’re going to buy the big stuff anyway,” Hartman said.