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Pennsylvania Code



Subchapter D. DISPLAY OF THE FLAG OF THE UNITED STATES


Sec.


7.41.    Applicability.
7.42.    Where and when to display the flag.
7.43.    Location in relation to other flags.
7.44.    Manner of display.
7.45.    Display of flag at half-staff.
7.46.    General prohibitions.
7.47.    Conduct during hoisting, lowering or passing of the flag.

Source

   The provisions of this Subchapter D adopted June 16, 1970, 1 Pa.B. 5, amended October 31, 1980, effective November 1, 1980, 10 Pa.B. 4248. Immediately preceding text appears at serial pages (34439) to (34444), inclusive, unless otherwise noted.

§ 7.41. Applicability.

 This subchapter is in accordance with the act of March 4, 1970 (P. L. 128, No. 49) (44 P. S. §  48) and governs the display of the flag of the United States from a public ground or building of the Commonwealth, of a board, commission or authority of the Commonwealth created by the General Assembly, of a political subdivision of the Commonwealth, of a school district of the Commonwealth or from a ground or building of an institution which is State owned or receives State aid from the Commonwealth.

§ 7.42. Where and when to display the flag.

 (a)  The flag shall be displayed:

   (1)  Daily, on or near the main administration building of every public institution.

   (2)  In or near every polling place on election days.

   (3)  During school days in or near every schoolhouse.

 (b)  It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness.

 (c)  The flag shall be hoisted briskly and lowered ceremoniously.

 (d)  The flag may not be displayed on days when the weather is inclement, except when an all weather flag is displayed.

 (e)  The flag shall be displayed on all days, especially on the following days:

   (1)  New Year’s Day, January 1.

   (2)  Inauguration Day, January 20.

   (3)  Lincoln’s Birthday, February 12.

   (4)  Washington’s Birthday, third Monday in February.

   (5)  Easter Sunday.

   (6)  Mother’s Day, second Sunday in May.

   (7)  Armed Forces Day, third Saturday in May.

   (8)  Memorial Day, half-staff until noon, the last Monday in May.

   (9)  Flag Day, June 14.

   (10)  Independence Day, July 4.

   (11)  Labor Day, first Monday in September.

   (12)  Constitution Day, September 17.

   (13)  Columbus Day, second Monday in October.

   (14)  Navy Day, October 27.

   (15)  Veterans Day, November 11.

   (16)  Thanksgiving Day, fourth Thursday in November.

   (17)  Pennsylvania’s Birthday, as a State, December 12.

   (18)  Christmas Day, December 25.

   (19)  Such other days as may be proclaimed by the President of the United States or the Governor of this Commonwealth.

Source

   The provisions of this §  7.42 amended September 21, 1984, effective April 25, 1981, 14 Pa.B. 3424. Immediately preceding text appears at serial pages (55473) to (55474).

§ 7.43. Location in relation to other flags.

 (a)  No other flag or pennant shall be placed above or, if on the same level, to the right of the flag of the United States.

 (b)  No person may display the flag of the United Nations or another national or international flag equal, above or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within this Commonwealth.

 (c)  The flag of the United States, when it is displayed with another flag against a wall from crossed staffs shall be on the right, the flag’s own right, and its staff shall be in front of the staff of the other flag.

 (d)  The flag of the United States shall be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs.

 (e)  When flags of States, cities or localities or pennants of societies are flown on the same halyard with the flag of the United States, the latter shall always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States shall be hoisted first and lowered last. No such flag or pennant may be placed above or to the right of the flag of the United States.

 (f)  When flags of two or more nations are displayed, they shall be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.

 (g)  When carried in a procession with another flag or flags, the flag of the United States shall be on the marching right, that is, the flag’s own right, or, if there is a line of other flags, in front of the center of that line.

§ 7.44. Manner of display.

 (a)  The flag may not be:

   (1)  Displayed on a float in a parade except from a staff; or

   (2)  Draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.

 (b)  When the flag of the United States is displayed from a staff projecting horizontally or at an angle from a window sill, balcony, or front of a building, the union of the flag shall be placed at the peak of the staff unless the flag is at half-staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of a sidewalk, the flag shall be hoisted out, union first, from the building.

 (c)  When used on a speaker’s platform, the flag, if displayed flat, shall be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States should hold the position of superior prominence, in advance of the audience, and in the position of honor at the right of the clergyman or speaker as he faces the audience. Another flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience.

 (d)  When displayed either horizontally or vertically against a wall, the union shall be uppermost and to the flag’s own right, that is, to the left of the observer. When displayed in a window, the flag shall be displayed in the same way, with the union or blue field to the left of the observer in the street.

 (e)  When the flag is displayed over the middle of a street, it shall be suspended vertically with the union to the north in an east and west street or to the east in a north and south street.

 (f)  When the flag is suspended across a corridor or lobby in a building with only one main entrance, it shall be suspended vertically with the union of the flag to the left of the observer when entering. If the building has more than one main entrance, the flag shall be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union shall be to the east.

 (g)  The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it shall not be used as the covering for the statue or monument.

 (h)  When the flag is used to cover a casket, it shall be so placed that the union is at the head and over the left shoulder. The flag may not be lowered into the grave or allowed to touch the ground.

§ 7.45. Display of flag at half-staff.

 (a)  The flag, when flown at half-staff, shall be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag shall be again raised to the peak before it is lowered for the day.

 (b)  On Memorial Day, the flag shall be displayed at half-staff until noon only, then raised to the top of the staff.

 (c)  By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory.

 (d)  In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law.

 (e)  The flag shall be flown at half-staff upon the death of the Governor from the day of death until interment.

 (f)  In the event of the death of a present or former official of the government of this Commonwealth, the Governor may proclaim that the National flag shall be flown at half-staff.

 (g)  The flag shall be flown at half-staff for the period indicated upon the death of any of the following officials of the United States:

   (1)  The President or a former President, for 30 days from the day of death.

   (2)  The Vice President, the Chief Justice or a retired Chief Justice of the United States or the Speaker of the House of Representatives, for 10 days from the day of death.

   (3)  An Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President or the Governor of a State, territory or possession, from the day of death until interment.

   (4)  A Member of Congress, on the day of death and the following day.

 (h)  Special days designated in accordance with this section for flying the flag at half-staff may be proclaimed by the Governor in a manner that he deems appropriate.

§ 7.46. General prohibitions.

 (a)  No disrespect may be shown to the flag of the United States; the flag may not be dipped to any person or thing. Regimental colors, state flags and organizational or institutional flags may be dipped as a mark of honor.

 (b)  The flag may not:

   (1)  Be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.

   (2)  Touch anything beneath it, such as the ground, the floor, water or merchandise.

   (3)  Be carried flat or horizontally, but always aloft and free.

   (4)  Be used as wearing apparel, bedding or drapery. It shall never be festooned, drawn back, nor up in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and red below, shall be used for covering a speaker’s desk, draping the front of a platform, and for decoration in general.

   (5)  Be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.

   (6)  Be used as a covering for a ceiling.

   (7)  Have placed upon it nor on a part of it, nor attached to it a mark, insignia, letter, work, figure, design, picture or drawing of any nature.

   (8)  Be used as a receptacle for receiving, holding, carrying or delivering anything.

   (9)  Be used for advertising purposes in any manner whatsoever. It shall not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs may not be fastened to a staff or halyard from which the flag is flown.

   (10)  Be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen and members of patriotic organizations.

 (c)  When a flag is in such condition that it is no longer a fitting emblem for display, it shall be destroyed in a dignified way, preferably by burning.

§ 7.47. Conduct during hoisting, lowering or passing of the flag.

 During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present, except those in uniform, shall face the flag and stand at attention with the right hand over the heart. Those present in uniform shall render the military salute. When not in uniform, men shall remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens shall stand at attention. The salute to the flag in a moving column shall be rendered at the moment the flag passes.



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