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displayfireworks1
12-13-2018, 06:55 PM
Update.
Please see the attached Pennsylvania Fireworks Court Order and Opinion December 2018. You may need to log onto your user account to view and download the attached document. I have not had a chance to fully read the court order but wanted to get it out ASAP.
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PyroJoeNEPA
12-14-2018, 06:24 PM
I got as far as page #8 then gave up! If I was a drinking man I would have cracked open a bottle by then. Fortunately, I just made a cup of Earl Grey tea instead!
I hope there is someone on here that can dredge thru this "legal speak-ease" and decipher it for us "common folks". I only speak English, Thai & some Italian, Spanish, & Latin!!!

displayfireworks1
12-14-2018, 08:01 PM
Not sure if anyone saw my video before I received this court order. I referenced that same legal strategy was used to challenge the State of Pennsylvania Workers Compensation Law by a local Pittsburgh Pa law firm Abes Baumann. I was correct. I see it referenced in the court decision.
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C. Delegation of Legislative Authority
Phantom Fireworks challenges Act 43?s definition of a ?temporary
structure? as including ?temporary retail sales stands, tents, canopies and membrane
structures meeting the specifications of NFPA 1124.? Act 43 defines ?NFPA 1124?
as ?The National Fire Protection Association Standard 1124, [CODE FOR THE
MANUFACTURE, TRANSPORTATION, AND STORAGE OF FIREWORKS AND PYROTECHNIC
ARTICLES], 2006 edition, or any subsequent edition.? Pet. for Review, Ex. A at 33
(emphasis added). Phantom Fireworks argues that regulating temporary structures
by reference to NFPA 1124, as Act 43 defines that term, constitutes an
unconstitutional delegation of legislative authority by the General Assembly. We
are constrained to agree.
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Our Supreme Court?s decision in Protz v. Workers? Compensation
Appeal Board (Derry Area School District), 161 A.3d 827 (Pa. 2017) controls the
delegation issue in this case. At issue in Protz was a provision of the Workers?
Compensation Act15 relating to impairment rating evaluations (IREs) of workers?
compensation claimants. Section 306(a.2) of the Workers? Compensation Act, 77
P.S. ?511.2(1),16 required physicians performing IREs to apply the methodology
provided in ?the most recent edition? of the American Medical Association [AMA]
GUIDES TO THE EVALUATION OF PERMANENT IMPAIRMENT (GUIDES). Protz, 161 A.3d
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I see it was not in a video, I mentioned it here December 6 . in post #15
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http://www.pyrotalk.com/bulletin/showthread.php?6878-PA-tent-Law-changes&p=55543#post55543