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Have a bang-up Fourth, but be careful with fireworks

This will be the second Independence Day when the recent fireworks act will be in force in Pennsylvania, and this is a good time to review some of its abuses.

It’s no secret that many of our local community leaders are leery of the 2017 Act 47 that replaced a law that had been in existence since the year I was born — 1939.

There were scores of complaints last year, prompting some communities to enact local ordinances that put time limits of shooting off fireworks — in most cases 11 p.m. — and other restrictions.

Residents showed up at municipal meetings asking their officials to try to get the new law repealed.

“Last year, whatever they were using was so powerful that the whole house shook,” a resident of Main Street near West South Street in Slatington told me.

Of most concern is the provision in the law that says fireworks cannot be discharged within 150 feet of an occupied structure.

Think about how long a football field is — 100 yards or 300 feet. We’re talking about the distance of half a football field. Now think about a street separating homes on either side. If you set off fireworks in streets such as these, you are violating the law, because these homes are much closer than 150 feet and likely occupied.

As with all laws, enforcement is key, and let’s be honest, police are not going to view a violator as a top priority unless an incident occurs because of the infraction. This is even more likely in rural municipalities which rely on state police protection.

Even if they are caught and convicted, violators are guilty of a summary offense and liable for just a $100 fine.

As a result of Act 47, enthusiasts can now buy and use “Class C” or “consumer-grade” fireworks that include firecrackers, Roman candles, bottle rockets and similar devices that contain a maximum of 50 milligrams of explosive material.

These were previously available to out-of-state residents only prior to the law taking effect in the fall of 2017.

Professional-grade aerial shells can only be used by professionals with a permit from the municipality in which the display will take place. These are the types of displays that you might see at fairs, carnivals and festivals.

Here are some of the other restrictions on where fireworks can be used:

• They cannot be ignited or discharged on a public or private property without permission from the property owner.

• They cannot be discharged from or within a motor vehicle or building, nor toward a motor vehicle or building.

• They cannot be discharged while the person is under the influence of alcohol, a controlled substance or another drug.

On top of that, you must be aware of any other restrictions that your municipality places on setting off these devices.

For example, noise and nuisance ordinances apply in the same way that these types of ordinances limit other annoying activities.

As for municipal leaders, have they updated their local laws to include even legal fireworks as an example of activities covered by the existing ordinances?

They also should check to make sure firework sales and storage of these dangerous materials comply with zoning laws, and, if not, to update them.

Commonwealth Court upheld two Berks County municipal laws that prohibit the sale of rockets, mortars and other explosives sold from roadside tents that spring up in the weeks before Independence Day and New Year’s Eve.

Permitted fireworks can be purchased at permanent brick-and-mortar stores, several of which are located in the five-county Times News area.

The key to a safe and sane Fourth is common sense.

By Bruce Frassinelli | tneditor@tnonline.com