Lucas Combine of Boardman, assistant manager at Phantom Fireworks in Austintown, talks about the types of fireworks that are very popular with customers. ...Staff photo by R. Michael Semple

As the state approaches its first summer with legalized consumer-grade fireworks, communities are grappling with a decision to let sparks fly or to enforce home rule and let the new law fizzle out before it begins.

House Bill 172 was approved in November and come July 1, the discharge of consumer-grade fireworks by Ohioans on private property will be legal on New Year’s Eve and Day; Chinese New Year; Cinco de Mayo; Memorial Day weekend; Juneteenth; July 3, 4 and 5, and the first Fridays, Saturdays and Sundays before and after July 4; Labor Day weekend; and Diwali, an Indian festival of lights.

Ohio’s current law permits consumers to use only sparklers and a handful of other pyrotechnics. Consumers were allowed to purchase other fireworks, hence the plethora of local fireworks shops that attract swarms of customers every July 4, but they couldn’t legally ignite them unless they entered another state.

Most places in the state have an existing ordinance outlawing fireworks, but the new law repeals it while giving communities the option to allow the law to continue as is, impose reasonable restrictions or opt out entirely.

The State Fire Marshal must announce rules related to the new fireworks law. A fireworks rule development committee is being assembled and must compile recommendations for these new rules by May 12, according to the state’s Department of Commerce website.

Some places, such as Austintown, have opted to restrict the times to adhere to the in-place noise ordinance, which for Austintown starts at 10 p.m.

Here’s a sampling of some other Mahoning County communities’ positions:

POLAND VILLAGE

Poland village and township got ahead of the curve and decided to allow the discharge of fireworks. Many communities are still in the preliminary or drafting phase, but both Poland communities already have an ordinance on the books long before summer arrives.

While the village opted in, it voted to impose time restrictions per the recommendation of the Mahoning County Fire Chiefs’ Association.

The village’s approved ordinance states that the MCFCA acknowledges the dangers of fireworks, but recommends time limitations as opposed to opting out entirely. The letter states that the association recommends fireworks be discharged no earlier than noon and no later than midnight on New Year’s Eve, and no earlier than noon and no later than 11 p.m. on all other holidays. The village amended the time on New Year’s Eve to no later than 12:30 a.m.

Village Solicitor Jay Macejko said he worked to “harmonize” the village’s ordinance with the state law. Macejko said there are concerns from residents, especially among veterans and pet owners, but he believes fireworks in the village are inevitable.

“The reality is that people do use fireworks and are going to continue to use fireworks,” Macejko said at a recent council meeting. “In the past, our police department has done a good job of responding to complaints when it becomes unreasonable.”

POLAND TOWNSHIP

The Poland Township Board of Trustees also reviewed the letter sent out by MCFCA President and Green Township fire Chief Todd Baird dated Jan. 18, but decided not to impose restrictions.

“While the law states that municipalities can opt out and not allow the fireworks use, the Mahoning County Fire Chiefs’ Association recommends that the use of fireworks be allowed but that putting time restrictions on their use would be beneficial. The Fire Chiefs’ Association recommends that all municipalities in Mahoning County adopt a resolution restricting the time” that residents can shoot consumer-grade fireworks, the letter states.

According to House Bill 172, residents are allowed to discharge only consumer-grade devices. Commercial-grade fireworks can be discharged only by professionals.

Trustee Joanne Wollet said police will not be able to tell the difference between commercial- and consumer-grade fireworks on holidays when both might be set off.

Consumer fireworks, also known as 1.4G fireworks, are commonly sold devices found at neighborhood stores during the Fourth of July season. Commercial fireworks, known as 1.3G fireworks, are the fireworks used in large community displays run by licensed pyrotechnicians.

“My opinion is that there is no way police officers will be able to distinguish between a consumer-grade firework and a commercial-grade firework,” Wollet said during the April trustee meeting. “When you’re talking about law enforcement, you don’t assume. You have to have facts, you have to have evidence, but I don’t think it’ll be an issue.”

Trustee Eric Ungaro said he spoke with other townships, all of which have not acted on the letter.

“None of them have acted on this, so I’m fine with this, it’s a non-issue for me right now,” Ungaro said.

MCFCA STANCE

MCFCA secretary and Beaver Township fire Chief Larry Sauerwein said the time restriction recommendation is intended to limit neighborly disputes.

“The fire chiefs hope that limiting the hours that consumers are allowed to shoot the fireworks would help alleviate the neighbor disputes coming from shooting them off at all hours of the night,” Sauerwein said. ” If there is a midnight or 11 p.m. deadline in place, the police and fire personnel would have some rules to fall back on to limit these disputes.”

The letter was sent to the Ohio Township Association, and Sauerwein said MCFCA hoped for a uniform response from the townships. He said he isn’t sure how his own township, Beaver, will respond to the letter.

Sauerwein said the State Fire Marshal’s Office has been tasked with forming a committee to come up with regulations, but based on a recent conversation with the fire marshal, he does not believe the regulations will be ready in time for when the law becomes active.

YOUNGSTOWN

Youngstown hasn’t “solidified a policy yet” on the use of fireworks in the city, said Law Director Jeff Limbian.

“I have every belief that the topic will be addressed in the next few months,” he said.

BOARDMAN

Boardman Township Administrator Jason Loree said MCFCA is “looking to have all of the communities in Mahoning County pass the same language when it comes to fireworks.”

He said he believes the board of trustees will “support this initiative,” but it has yet to be presented with said recommendations. He said he expects the item to appear on the board’s agenda in May or June as the law’s effective date draws closer.

STRUTHERS

In Struthers, Mayor Catherine Cercone Miller said council is working with police Chief Tim Roddy and Law Director John N. Zomoida to hatch a plan that makes sense for the city.

Struthers is opting to impose restrictions on when fireworks can be set off, but is still planning on allowing them to be discharged within city limits, pending council approval.

“We’re working with our law director and police chief to have our own ordinance designating the days, days and times,” Miller said.

SUPPORT

Sen. Michael Rulli, R-Salem, was a main sponsor of the fireworks legislation.

Bruce Zoldan, president and CEO of Phantom Fireworks of Youngstown, the country’s top consumer fireworks retailer, said at the time: “The bottom line is people are buying fireworks and using them in Ohio. They will this year. We’ve had numerous bills passed by either the House or the Senate, but they haven’t been able to agree on a bill. I’m pleased they were able to agree on this one.”

The bill also allows retail fireworks businesses to increase the maximum floor space from 5,000 square feet to 10,000 square feet as long as proper sprinkler systems are installed.

State Rep. Al Cutrona, R-Canfield, also was supportive upon the bill’s passage: “Legislators put a lot of thought into this. There’s a lot of education in the bill. People light fireworks on July 4. At least now it will be within the law. It’s a good bill, and it’s long overdue.”

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