Safety Rules vs. Red Tape: West Virginia fire officials debate fireworks regulations
The steeple at Trinity Episcopal Church on Juliana Street in Parkersburg is silhouetted by fireworks during the America 250 celebration in July. (File photo)
Fireworks light up the night sky at the 2023 Winterfest in downtown Parkersburg. (File photo)
The steeple at Trinity Episcopal Church on Juliana Street in Parkersburg is silhouetted by fireworks during the America 250 celebration in July. (File photo)
Fireworks light up the night sky at the 2023 Winterfest in downtown Parkersburg. (File photo)
Trending
CHARLESTON - Fireworks stands are common sites along highways and in parking lots leading up to Independence Day, but how to regulate those stands became a debate during a Monday legislative meeting.
The Legislative Rule-Making Review Committee met to discuss agency rule updates that will be recommended to the full West Virginia Legislature during the 2027 regular session beginning in January.
The State Fire Marshal’s Office presented 103 CSR 04, updating regulations of fireworks and related explosive materials. Among other things, the proposed rule revises the sunset timeline from Aug. 1, 2027, to Aug. 1, 2032; and creates a distinct classification for Division 1.4 Pro/Pro-Grade explosives, prohibiting them from consumer sales and restricting their use to permitted professional fireworks displays.
State Fire Marshal Kenneth Tyree Jr. explained that consumer fireworks were legalized in West Virginia in 2017 with lower powder weights. Professional grade fireworks require operator licensing and event permits.
The Fire Marshals Association of West Virginia submitted public comments on the rule proposal, asking that every certified consumer fireworks retailer designate a certified fireworks compliance officer and clarifying that all organized public fireworks displays require a State Fire Marshal permit regardless of the firework classification used.
Bobby Palmer, president of the Fire Marshals Association of West Virginia, told committee members Monday that requiring fireworks companies selling within the state to have a compliance officer would ensure that fireworks stands are practicing safety standards.
"Every year, it seems as our members are coming across people that are selling these fireworks in these tents, they are finding the same violations repetitiously throughout the season and over the course of years," Palmer said. "The intent behind the compliance officer is simply ... accountability. It’s so that we don’t have to ... go over the same thing over and over."
Tyree said he wasn’t opposed to requiring that fireworks stands have a compliance officer if the Legislature requires that. But he believes compliance could be achieved without requiring the companies to have a designated person.
"We believe that could be taken care of with an affidavit, a checklist that they would have there to be able to say you’re required to have a fire extinguisher, or you’re required to have these distances focused on separation of the generator or other things," Tyree said. "If we make the owner responsible with an affidavit or a checklist that they sign off on to confirm those items listed in the recommendation, I believe we could achieve that."
"Don’t you think it would be safer for West Virginia citizens if one person was actually trained and completed that West Virginia consumer fireworks retail compliance program?" asked Del. Mike Hornby, R-Berkeley. "The recommendation is that one person is a certified fireworks compliance officer who has successfully completed a West Virginia consumer fireworks retail compliance program administered by the officer of the West Virginia State Fire Marshal, so at least one person in each tent is actually trained."
"I don’t think it’s a bad idea," Tyree said. "I just thought the agency could take care of that process through not only (the) application process, but when we issue them their certification to operate, that they have the necessary paperwork to ensure prior to our staff getting there that they’ll be compliant from that standpoint."
Palmer said the second recommendation by the Fire Marshals Association to require permits for all fireworks displays is already allowed under existing state code. With the growing use of consumer fireworks for public events and celebrations, Palmer said greater scrutiny is necessary.
"We believe that we’re simply trying to bring clarity," Palmer said. "When these products were legalized, we believe the intent was to ensure that public safety remained at the forefront, not to bring these fireworks illegally into the state and anyone for any reason could just detonate them.
"We’re not advocating to restrict the person’s free right to use consumer fireworks for personal recreational use," he clarified. "We’re talking about organized public events in which you have potentially large volumes of people, proximity to buildings and other potential hazards."
But Tyree cited concerns over exceeding statutory authority under state code, which grants consumers the right to discharge consumer fireworks without permits.
"The issue would be if we establish that consumer fireworks need to have a permitting process because they’re being used by someone else other than the everyday citizen ... then you’re eliminating the use of fireworks for the consumer, because everyone will need a permit if you shoot them at your home or at your farm or at your location that is safe," Tyree said.
Legislative Rule-Making Review Committee Co-Chairwoman Patrica Rucker, R-Jefferson, said she appreciated the concerns of the Fire Marshals Association but said they would probably be better addressed in a separate bill during the next legislative session.
"I look forward to working with you," Rucker said. "I’m sure legislation can be proposed ... and I think it’s probably a really good idea. But I also do agree that this is something that we may want to do through ... a change in legislation."
Steven Allen Adams can be reached at sadams@newsandsentinel.com.