New push to legalize fireworks in Iowa

DES MOINES - Iowans could legally buy, sell and explode consumer fireworks during two holiday periods annually under a bill approved by a Senate subcommittee over objections from firefighters, medical organizations, veterans groups and safety advocates.

Senate Study Bill 1051, which was approved 2-1 by a Senate State Government panel, would allow licensed retailers in permanent structures or community groups to sell consumer fireworks in permanent or temporary structures between May 20 and July 6 and between Dec. 10 and Jan. 3. A similar provision would apply to conforming temporary structures, such as tents, from June 13 to July 6 each year.

The measure includes a fee structure for various licensure levels, allows counties or cities that do not want to legalize the expanded sale and use of fireworks to 'opt out” of the new law and bars the sale or purchase by anyone under age 18 and makes a violation punishable by a fine of at least $250.

'This is about freedom,” said Sen. Jake Chapman, R-Adel. 'The whole purpose of this is to expand personal freedom.” Sen. Jason Schultz, R-Schleswig, said he is supportive of the measure, while Sen. Janet Petersen, D-Des Moines, said 'I'm not in favor of changing our state's fireworks law. They're fine.”

Iowa law currently classifies the possession, sale or use of consumer fireworks without a permit other than sparklers and snakes to be a simple misdemeanor. Chapman said Iowa is among a small number of states that have those strict fireworks restrictions.

During Monday's subcommittee meeting, Bill Halleran, president of the 20,000-member Iowa Firefighters Association, expressed 'grave concerns” over the expanded legalization of fireworks that would push up emergency responses and injuries for Iowa's 840 fire departments, while Des Moines fire marshal Jonathan Lund said the temporary facilities would be 'incredibility difficult to manage” and pose safety risks.

'It creates a major safety concern and a legitimate enforcement nightmare,” Lund said.

Des Moines fire chief John TeKippe said the proposed legislation envisions a 'massive endeavor” for licensing, inspecting and overseeing permanent and temporary facilities that will be offering a 'hazardous substance” for public purchase and use.

'Most people underestimate what fireworks can do,” he said. 'I think it's unfortunate that we keep having this conversation.”

The measure also was opposed by hospital and emergency response officials and representatives of veterans group who worried the number of children with severe injuries would rise and soldiers struggling with post traumatic stress syndrome would be impacted by expanded fireworks use.

'We just know that fireworks lead to injuries and deaths - period, and we're against it for safety reasons,” said Katy Hill, representing Unity Point of Des Moines and the Iowa EMS association.

Danial Peart of Phantom Fireworks said he 'unequivocally” supported the expansion of the sale and use of fireworks in Iowa but he worried the provisions would discourage economic investments in permanent brick-and-mortar facilities - especially the time limits and the temporary retail outlets that do not offer the same training and safety measures.

'The state of Iowa is going to pass a fireworks bill that doesn't benefit the state of Iowa in any way other than bringing in fireworks,” Peart said. 'You're not going to create a new industry in this state. You're going to create jobbers that will come in and make a bunch of money and be gone within two weeks.”

However, Chapman said the focus of the legislative change is personal liberty not creating a new cottage industry.

'I don't believe the intent is for us to have some economic boon from this industry,” Chapman said. 'This is more about freedom of individual Iowans to enjoy the Fourth of July like most Americans.”

The proposed legislation would take effect upon enactment if it clears both legislative chambers and is signed by the governor.

l Comments: (515) 243-7220; rod.boshart@thegazette.com