§ 1115 — Removal, storage and destruction

(a) Authority.--The Pennsylvania State Police, a municipal police officer as defined in 42 Pa.C.S. § 8951 (relating to definitions) who holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training), a sheriff or a deputy or a member of a Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices training shall take, remove or cause to be removed at the expense of the owner all stocks of consumer fireworks or display fireworks or combustibles offered or exposed for sale, used, stored or held in violation of this chapter. The owner shall also be responsible for the storage and, if deemed necessary, the destruction of these fireworks.

(b) Cost recovery.--A Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices training shall attempt to recover any costs associated with the removal, storage or destruction of consumer fireworks, display fireworks or combustibles under subsection (a) from the owner of the consumer fireworks. Reimbursement under subsection (c) shall only be available when the costs under this subsection cannot be recovered.

(c) Reimbursement.--If the costs under subsection (b) cannot be recovered, a Pennsylvania bomb squad accredited by the Federal Bureau of Investigation and certified in hazardous devices training may seek reimbursement from the Office of the State Fire Commissioner for the actual costs associated with the removal, storage or destruction of consumer fireworks, display fireworks or combustibles.

Legislative History

Cross References.Section 1115 is referred to in section 1113 of this title; section 7389 of Title 35 (Health and Safety).