New Iowa fireworks law likely to create jumble of local rules

A state law signed Tuesday allows merchants to sell and consumers to set off fireworks in time for the Fourth of July - but maybe not in unincorporated Johnson County.

The law, which reverses decades of a prohibition that allowed only novelty fireworks like sparklers and snakes, lets local governments ban or set stricter limits than the state on hours the consumer fireworks can be set off around the Independence Day and New Year's holidays.

Officials throughout the Corridor said their boards will take up the issue soon and consider a variety of possibilities - from continuing to ban their use to setting fewer hours to waiting to see.

But none went as far as Johnson County to consider a moratorium on sales - not just use - which is not contemplated in the new law, Senate File 489.

Johnson County Board of Supervisors Chairwoman Janelle Rettig said a moratorium would allow the county enough time to fully understand the law.

'The state allows us local control, and so we drafted and have the county attorney's approval for a 90-day moratorium while we study it,” Rettig said. 'I don't know where we will end up after this moratorium, but we need time to figure it out. I think everybody in Johnson County is concerned of temporary sales. ... We don't think that's safe in any way, shape or form.”

A vote on the moratorium covering retail sales of fireworks in unincorporated Johnson County could come as soon as Thursday.

Rettig said the law signed Tuesday by Gov. Terry Branstad conflicts with county zoning ordinances and International Building Code rules.

For example, Rettig said, the code requires sprinkler systems in areas selling more than 150 pounds of explosives. Temporary sales tents would not have such provisions, she said.

'We would go against what we have in place, everything we have adopted,” she said. 'We can't go against the International Building Code, no matter what the state thinks. That's why we need time to better digest this. ... If we get challenged, we get challenged.”

As for the use of fireworks in the county, Rettig - who like other critics of the measure cited safety as a concern - said she doesn't anticipate the county changing its policy allowing permitted displays only.

'We don't intended to change our fireworks ordinance we have right now, period. And that is it's illegal to shoot off fireworks in unincorporated Johnson County without a permit,” she said.

The new law calls on the State Fire Marshal's Office to devise regulations and establishes various levels of state licenses for merchants and community groups selling the consumer fireworks - like firecrackers, Roman candles and bottle rockets - during periods around the Independence Day and New Year's holidays.

The law also establishes times when consumers are allowed to ignite the fireworks, but gives local governments discretion to set stricter limits or bans for the use.

Officials in other Corridor municipalities say they're weighing options.

Darrin Gage, Linn County director of policy and administration, said county staff hope to presenting supervisors with options before June 1.

'We could put in place some sort of permitting process perhaps, or some safety inspections, but those are just what-ifs,” Gage said.

Coralville City Administrator Kelly Hayworth said he's meeting with the city attorney and fire chief Friday to discuss it, then likely talking with Iowa City and North Liberty officials before making recommendations.

Simon Andrew, assistant to the city manager in Iowa City, said a City Council work session is set for Tuesday to discuss a number of issues that came out of the legislative session, including fireworks. Currently, Iowa City bans the sale and use of fireworks.

In Cedar Rapids, the Fire Department intends to recommend to the City Council that the discharge of fireworks remain banned in the city limits, said public safety spokesman Greg Buelow.

Marion Fire Chief Debra Krebill and Police Chief Joe McHale recommended to the City Council they restrict use of fireworks to between June 24 and July 8 and from Dec. 31 to Jan. 1, with time restrictions on use mirroring the state's.

'You have to look into the dynamics of an urban area,” McHale said. 'You have people that have disorders. You have people that have pets.”

Marion council members have yet to vote on an ordinance, but Krebill said she plans during a work session and subsequent council meeting Tuesday to present possible city permits that sellers must acquire.

Hiawatha Fire Chief Mike Nesslage said he plans to meet with council members next week to see if Hiawatha is going to draft an ordinance.

Central City Mayor Don Gray said the council there has no plans - for now - to draft an ordinance, but sellers will have to meet codes.

'If people really go nuts, we might do something about it,” he said.