The trustees in Painesville and Leroy townships have each decided to allow Ohio House Bill 172 to go into effect on July 1, legalizing the regulated discharge of consumer-grade fireworks on specified holidays.
As noted online by the State Fire Marshal, the law permits the discharge of consumer-grade fireworks from 4 to 11 p.m. on New Year’s Day; Chinese New Year’s; Cinco de Mayo; the Saturday, Sunday and Monday of Memorial Day weekend; Juneteenth; July 3-5; the Friday, Saturday and Sunday before and after July 4; the Saturday, Sunday and Monday of Labor Day weekend; and Diwali. Additionally, the discharge of consumer-grade fireworks will be legal from 4 p.m. on New Year’s Eve until 1 a.m. in the early morning of New Year’s Day.
Local communities can allow the bill to go into effect, choose to further restrict the days or times under which consumer-grade fireworks will be allowed or opt-out to maintain existing bans.
Most communities in Lake County have chosen to opt-out.
Painesville Township Trustee Josh Pennock emphasized that under House Bill 172, the township did not explicitly pass a resolution authorizing fireworks; rather, it chose to allow the new state law to automatically go into effect in the township by not opting out.
Painesville Township Trustee Chuck Hillier noted that due to safety and distance requirements from the State Fire Marshal, in the township, “it’s still against the law to do it in the great majority of neighborhoods,” stating that aerial fireworks would not be permitted in around 90% of the township. Ground devices will be permitted on larger lots.
“In both cases, usage would be limited to large properties in the township, not typical residential neighborhoods with a 40-80 foot frontage, as is the case of most subdivisions within our community,” Hillier said.
He added that none of these restrictions is new, since consumer-grade fireworks were formerly banned entirely.
Painesville Township Trustee Gabe Cicconetti said, “We are in no way permitting a free-for-all of fireworks in residential neighborhoods,” adding that the designated days and times provided a “small window” for launch with a “very thin” scope of people who can legally light fireworks.
Sgt. Jerry Infalvi of the Lake County Sheriff’s Office addressed the Painesville Township trustees at their June 22 public meeting. He noted that the Sheriff’s Office generally has around 100 calls related to fireworks by 9 p.m. on July 4, in addition to calls for other issues.
The department determines which cases to prioritize, and the process for filing a case report can take an hour. There are also logistical problems related to the storage of fireworks as evidence. Finally, there is the issue of determining who is responsible for the violation.
“You have to have, beyond a reasonable doubt, probable cause to make an arrest on that,” Infalvi said.
He noted that the department is better able to address fireworks complaints later at night on July 4, and that complaints are rare on other days.
Cicconetti responded to Infalvi, “In my mind, on that day, in a sense, you can alleviate 100-plus calls that you guys have to worry about so that you’re available to respond to more serious types of calls.”
Cicconetti added, “I think the thing around this bill, the spirit of it was, is to give people that release around the holiday.”
Pennock expressed the need to enforce fireworks prohibitions on the days fireworks are not allowed, in order to prevent fireworks use from “creeping” into nearby days.
Fire Chief Frank Huffman noted that across the United States, the majority of fireworks injuries come from firecrackers and other handheld devices. These cause “hand and face injuries.”
Additionally, at a special meeting on June 28, the trustees unanimously voted to amend the township’s noise resolution to exempt fireworks when they are allowed under state law.
Hillier said that the township is open to revisiting this decision down the road.
Meanwhile, Leroy Township trustees unanimously approved a resolution indicating that House Bill 172 will go into effect in their township.
The resolution notes that fireworks will be permitted on all of the days authorized by the state. In addition to restrictions that are imposed by state law and the fire code, the resolution explicitly notes that fireworks will be banned when wind speeds exceed 15 mph, within 1000 feet of a wooded area or in a road right-of-way.
July 2 will be the first day residents of Painesville and Leroy townships will be permitted to launch consumer-grade fireworks, as long as all other conditions are met.
The State Fire Marshal has also introduced restrictions to the Ohio Fire Code, which go into effect July 3. The launch of consumer-grade fireworks will be prohibited or postponed on otherwise-permitted days if the fire marshal determines that wind, rain or other inclement weather will cause additional dangers.
Furthermore, fireworks discharge will remain prohibited when burn bans, fire weather watches or red flag warnings are in place. Finally, fireworks will be prohibited if there is the danger of hazardous debris impacting spectator areas.
Additionally, the code states that consumer-grade fireworks can only be handled or discharged by individuals 18 or older. Fireworks must be discharged outdoors and cannot be set off on roads or other public property, at private schools or within 50 feet of lighters.
According to the code, aerial devices such as shells, roman candles, cakes and bottle rockets cannot be discharged within 150 feet of spectators and structures, while ground devices such as fountains and firecrackers cannot be discharged within 50 feet of spectators. The distances are doubled for hospitals, institutional group occupancies and facilities for health care, education and residential care, as well as bulk storage areas with flammable, toxic or explosive materials. The distances are tripled for hotels, dormitories and other multitenant structures, as well as military bases, airports, railroad tracks and fireworks establishments.
Painesville Township Administrator Anthony Zampedro added that Ohio law “prohibits the use by intoxicated individuals or on the property of another without permission.”
A full list of the new fire code regulations can be found on the website for the State Fire Marshal.
