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Local News

July 2, 2011

Sparks fly over fireworks bill

Proposed legislation would put pyrotechnics control in local hands

If one lawmaker has his way, more fireworks could light up the skies in Massachusetts legally next Independence Day.

But as sales of fireworks boomed in Seabrook yesterday, a bill that would legalize the sale and private use of the celebratory pyrotechnics was drawing mixed reviews in Massachusetts.

The proposed legislation would allow cities and towns to permit the private use of fireworks in their communities, a move some say would prevent injuries and brighten the state's economy.

Massachusetts is one of only four states that currently ban all forms of fireworks except by licensed professionals. New York, New Jersey and Delaware have similar laws.

"The only people we're hurting with the ban is ourselves," said bill sponsor Rep. Richard Bastien of Gardner.

Under Bastien's proposal, if a city or town chooses to allow fireworks, residents planning to light them must obtain a permit from the local fire department so safety officials would know when and where fireworks are being used. Communities that do not want to legalize fireworks would not be affected by the bill.

Bastien's proposal has at least one local fire official seeing sparks.

"I'm adamantly opposed to legalizing the sale of fireworks in Massachusetts," Amesbury fire Chief Jonathan Brickett said. "It's a bad thing. ... I just can't see any good coming out of it."

As a 28-year veteran of the Amesbury Fire Department and a paramedic, Brickett said he is all too aware of the accidental injuries caused by fireworks.

Brickett said there's a reason strict regulations are in place to govern the use of fireworks in Massachusetts. Professionals undergo extensive pyrotechnic training to become licensed, and fireworks shows are put through a lengthy permitting process by local fire officials to ensure the safety of both the operators and the public, he said.

Brickett's concerns for fireworks safety began long before he got involved in firefighting, The chief remembers being about 12 years old when his family was invited to a Fourth of July party in Massachusetts that was known for its huge fireworks display.

"It was on a huge piece of property," Brickett recalled. "Everything looked safe until they started lighting the fireworks off. Sparks went into two cases holding the fireworks. Nobody got hurt, thank God, but things just went everywhere. It was just a bad situation."

While he's all for families enjoying themselves on the Fourth, Brickett believes if people want to see fireworks, they should go to a licensed display, not set them off themselves.

"People go to school many, many months to become specialized in this. These are professionals," he said. "Sometimes things go bad with the professionals who know how to do this. I can just imagine if laypeople become involved in lighting off explosives, because that's what they are."

But Bastien argues fireworks sales, especially along the Massachusetts borders, could bring much-needed revenue to the state. Various fireworks are legal in Connecticut, New Hampshire and Rhode Island.

"It's one less incentive to drive over the border," he said.

Bastien estimates firework sales could be a $40 million industry for Massachusetts. Nationwide, firework sales generate just under $1 billion. Massachusetts could bring in from $500,000 to $1 million in tax revenue, according to Julie Heckman, director of the American Pyrotechnics Association.

But safety officials say the costs outweigh the potential benefits.

"There's got to be better ways of creating jobs than in a way that will increase injuries," said Paul Zbikowski, president of the Fire Chiefs' Association of Massachusetts

Zbikowski, who is the fire chief in Ashburnham, said too many people already are hurt by illegally obtained fireworks, and lifting the ban would only increase injuries.

According to the U.S. Consumer Product Safety Commission, about 8,600 people were treated for firework-related injuries in 2010. It is unclear how legalization will impact the number of injuries because the agency does not track injuries by state.

Heckman, however, said legalizing fireworks encourages people to learn how to use them safely and find an appropriate location.

"When you are knowingly breaking the law, you don't plan ahead. That's when things go awry," Heckman said.

As for the financial cost, Zbikowski said monitoring private fireworks shows could put a financial strain on police and fire departments.

"That's more time we're going to have to expend, and we're already short-handed," he said.

Under the legislation, money from permit fees and fines would be collected in a Fire Marshal Fireworks fund to help local departments defray costs.

Maine lawmakers this week voted to allow the sale of consumer fireworks in all municipalities, unless a city or town votes to prohibit them. The law, which takes effect Jan. 1, regulates those who sell fireworks, requiring them to get permits from the state and pay an initial $5,000 fee. Only sparklers are currently legal in Maine.

In Massachusetts, a person can be fined $10 to $100 for using fireworks or $100 to $1,000 for selling them. But Heckman said laws prohibiting use were rarely enforced.

While Massachusetts debates changes to fireworks laws, New Hampshire businesses this week handled a rush of customers during their busiest time of year.

Mary McCluskey, a manager at Phantom Fireworks, which has a location in Seabrook, said the company's New Hampshire shops teach customers how to safely use fireworks and only sell to people over 21.

She said she supports legalizing the sale of fireworks in her neighboring states.

"The more the merrier," she said. "The more people who are educated about firework safety, the better."

The Associated Press contributed to this report.

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