43
Firework use booms, despite Ohio laws
By SARAH LEHR
YOUNGSTOWN
For now, people buying fireworks in Ohio must sign what critics call the “liar’s form,” agreeing to transport the goods outside the state within 48 hours.
But a new law, tacked onto Ohio’s new state budget, will eliminate the form beginning in 2016.
It’s legal in Ohio for people 18 and over to purchase non- novelty consumer fireworks from a licensed dealer, but it is illegal to set them off without an exhibitor’s license. Non-novelty fireworks include bottle rockets, firecrackers and Roman candles. Novelty fireworks, such as sparklers and smoke bombs, are legal to set off without an exhibitor’s license.
From 2016 onward, it still will be illegal for nonexhibitors to set off non-novelty fireworks in Ohio; the only change will be that they will no longer have to sign a form affirming their compliance.
Illegal-fireworks use is a first-degree misdemeanor in Ohio punishable by up to six months in jail and a $1,000 fine. But that depends on whether police choose to press the issue.
Struthers Police Chief Tim Roddy said his department will respond to fireworks complaints and generally will cite someone if that person had been warned about setting them off. “We do understand that a lot of residents like to set off fireworks,” he said. “We know we can’t cite everyone.”
Campbell Police Chief Drew Rauzan said his department similarly will respond to fireworks complaints, but that officers often will issue a noise citation rather than a fireworks citation because a noise violation is less serious. Campbell has an ordinance against loud noises from 11 p.m. to 7 a.m.
“If something’s against the law, it’s against the law,” Rauzan said. “However, officers do have broad discretion in terms of how they respond, and I hope they will respond appropriately and just keep it safe.”
Raechelle Laughlin, deputy general counsel to Phantom Fireworks in Youngstown, characterized the Ohio fireworks law as a dinosaur.
“It’s outdated,” she said. “New York has just opened to allow certain types of fireworks. We are now more restrictive with use than even New York.”
In 2014, a state bill that would have legalized setting off consumer fireworks in Ohio was approved by the Senate 21-7 but fizzled in the House. Organizations including the Child Injury Prevention Alliance and Prevent Blindness opposed the bill, citing safety concerns.
Ralph Apel, a spokesman for the National Council on Fireworks Safety, said his organization does not take legislative positions and instructs consumers to follow local laws. The NCFS urges fireworks users to buy only from licensed locations and to always use fireworks outdoors.
The NCFS recommends appointing a “designated shooter” who will refrain from drinking alcohol. Fireworks users should never relight a dud firework, set off only one firework at a time and keep a bucket of water handy.
A 2014 study by the Consumer Products Safety Commission found that an average of 230 people go to the emergency room during July as a result of injuries from fireworks and that 67 percent of fireworks injuries in 2014 occurred during July. The CPSC reported 11 deaths related to nonoccupational fireworks use in 2014.
Bill Weimer, vice president of Phantom Fireworks, said fireworks are safer than ever before.
“Bottom line is: Use is up, injuries are down,” Weimer said. “That’s why so many states lately have moved to legalize the use of fireworks because the idea of big brother at the Statehouse having to protect us from ourselves is not mandated anymore.”
The American Fireworks Standards Laboratory must randomly inspect 18 cases from every fireworks shipment before the products are allowed to be sent to the U.S. When the AFSL first began inspecting fireworks in 1994, 34 percent of the products randomly selected for inspection failed AFSL’s safety standards. In 2011, the last year of available data, 6 percent of products failed.
“Most firework injuries are misuse and abuse rather than product malfunction,” Weimer said.
Phantom Fireworks offers safety videos on its website and attaches a list of safety tips to every customer’s receipt. “We believe there’s no good fireworks experience unless it’s a safe fireworks experience,” Weimer said.
A security guard greets customers entering Phantom Fireworks. Each customer receives a unique tracking number and must provide identification.
In 2013, the Federal Bureau of Investigation determined that Tamerlan Tsaernev used fireworks that he bought at a Phantom Fireworks store in New Hampshire to help set off a bomb at the Boston Marathon. Phantom Fireworks assisted in the investigation by providing the FBI with surveillance footage of Tsaernev and all of Tsaernev’s customer information.
Phantom Fireworks, which has showrooms in Youngstown, Boardman and Poland, operates 11 locations in Ohio and more than 70 nationwide. Phantom employs roughly 400 people year-round, but that number swells to 2,800 seasonal employees around the Fourth of July, Weimer said.
Officially, the Youngstown location closes at midnight the morning of July 5, but in reality the store will stay open as long as there are customers.
“This is such a uniquely Fourth of July business that we just can’t afford to lose a customer,” Weimer said. “They are not rushed – they get the same attention that everybody gets.”
Every Fourth, Weimer works in the Youngstown showroom dressed as Benjamin Franklin. He also will make an appearance in the Boardman showroom, where he will join a longtime employee who dresses as Lady Liberty.