New Legislation Gives Local Option On Aerial Fireworks Critics Say Law Blows Hole In Safety Provisions

A new fireworks law in Idaho has a loophole that some say is big enough to shoot a bottle rocket through.

Any local fire department or county commission now has the authority to legalize bottle rockets, firecrackers and other previously illegal fireworks.

That’s a local option under the law passed by the Idaho Legislature this year with the backing of cities, counties and fire chiefs.

“It basically gutted the dangerous fireworks provision,” said Bill Douglas, Kootenai County prosecutor. He called the legislation “poorly drafted” and “wide open to interpretation.”

But Bruce Alcott, president of the Idaho Fire Chiefs Association, said he doesn’t think the new law he helped negotiate with the fireworks industry softens Idaho’s ban on bottle rockets and the like.

“The ones that are allowed are non-aerial common fireworks. Bottle rockets don’t meet that definition at all,” Alcott said Monday.

But the legislation, written by a lobbyist for two fireworks companies, contains a local-option loophole. If a city fire department, a fire district or, where there isn’t one, county commissioners want to allow more fireworks by permit, they may.

“What we wanted was to have a base state program that said these things are legal, and if counties or cities want to have additional products they can do that,” said David Mabe, lobbyist for Pyrodyne American and R&S Marketing. “Say, if they want to during New Year’s Day allow bottle rockets because there’s a foot of snow on the ground, they can do that.”

Both Douglas and Kootenai County Sheriff Pierce Clegg are concerned the new law could make enforcement of fireworks laws difficult.

“It’s a very confusing piece of legislation,” Douglas said, explaining that the previous law very clearly defined what were safe and acceptable fireworks and what were dangerous fireworks.

“My fear is that what we’re going to end up with is a patchwork around the state as to what’s allowed and what’s not allowed,” Douglas said. “Sky rockets may be allowed in Kootenai County but not in Benewah County. Roman candles may be allowed in Shoshone County.”

But Mabe said that’s already a problem because neighboring states or Indian reservations may have different rules.

“We don’t think that local jurisdictions are just going to go crazy over this,” Mabe said. “There may be some special events where they allow things.”

Alcott said he doesn’t favor legalizing bottle rockets for public use under any circumstances.

“The thing we object to is you have no control over them once they ignite,” he said. “They don’t go in a straight line. They don’t go the same way each time.”

Even in snowy conditions, a bottle rocket could land deep in a tree or lodge in a roof, sparking a fire in fuel that’s still dry enough to burn.

Idaho’s previous law banned fireworks except for a time period around the Fourth of July holiday, when “safe and sane” fireworks were allowed to be sold and used. The new law keeps that rule, but allows localities to approve additional dates and other types of fireworks by permit.

Both the old and new laws allow for public fireworks displays by permit.

Alcott said the Fire Chiefs Association opposed a 1996 version of the legislation that tried to eliminate local regulation in favor of a single state law.

“Part of the process for the development of this code had to do with negotiations to come up with things that were acceptable to both entities to try and reach a happy medium,” Alcott said.

Alcott said the new law also contains better definitions and should be easier to enforce than the old law. A 1993 Idaho Supreme Court decision left enforcement in question when it cited flaws in the old law.

The new law also includes new regulations on importing, exporting and wholesaling of fireworks. It sets standards for fireworks stands and storage.

“From the fire department’s stand we’re pretty happy with it,” said Dan Ryan, Post Falls fire marshal.

He pointed out that the new law requires fireworks vendors to notify local authorities of where they will be storing their combustible goods.

“Before, it was winding up in people’s attached garages and places where it was really unsafe to store.”

Mabe noted that fire officials themselves are the ones who would decide whether to allow firecrackers or bottle rockets, and they’re “not going to be easy to convince.”

“But they will have that authority,” he said.

The Legislature approved the law with an emergency clause, so it took effect immediately. Gov. Phil Batt signed it into law on March 20.

“I think we’re anxious to see how it plays out,” Alcott said. “I’m sure that like any law, it may need some finetuning, but we’ll work on that as those issues come up.” , DataTimes MEMO: Cut in Spokane edition