Changes in Ohio fireworks law leave Akron area with mixed bag of local regulations

When the state passed a law last year permitting the private lighting of fireworks under limited circumstances, fans of these colorful and noisy explosives were most likely anticipating and planning their own home shows.

Not so fast, though.

Previously, fireworks could be legally purchased, but Ohio had only permitted the general use sparklers and a handful of other pyrotechnics — with the law stipulating that other fireworks needed to be taken out of state within 48 hours of purchase.

Under the new law, residents can discharge fireworks July 3 through July 5, along with the Fridays, Saturdays and Sundays before and after, Labor Day weekend, Diwali, New Year's Eve and Day, Chinese New Year and Cinco de Mayo. Fireworks also can be ignited Memorial Day weekend starting next year, as well as Juneteenth in 2023.

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This change, which takes effect July 1, includes a provision allowing communities to ban setting off fireworks within their boundaries, or to apply "home rule" and add their own restrictions to the state law.

Several municipalities are doing just that.

Some communities say 'no' to personal fireworks use 

A few Summit County communities, such as Akron, Silver Lake, Barberton and Aurora, continue to prohibit residents from igniting fireworks on their property.

Akron officials recently announced that the city will maintain a ban on setting off commercial or consumer grade fireworks without a permit. Akron City Council is currently considering legislation that reaffirms that ban.

"In the U.S., on average, fireworks are responsible for starting about 19,000 fires each year and cause over 9,000 injuries," said Akron Fire Chief Clarence Tucker in a statement. "Over a third of fireworks injuries occur to children under the age of 15. Please enjoy your 4th of July celebrations safely and leave the fireworks to the professionals."

Bernie Hovey, mayor of Silver Lake, said the village, too, would keep with the status quo of only allowing fireworks displays that are arranged through permits.

"We did not feel that residents would support or appreciate fireworks being allowed multiple times of the year. Hovey said. "Celebrating our country’s birth on the Fourth of July seems to be the proper and only time to allow fireworks."

William B. Judge, mayor of Barberton, said that "the city's rules do not allow residents to set off fireworks on their property."

Tallmadge City Council passed an ordinance June 9 reaffirming the city's authority to regulate and prohibit fireworks in the community. And council decided this week to continue its own fireworks prohibitions.

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Restrictions on fireworks use implemented in some communities

Other communities have decided not to ban setting off fireworks at home outright, but have either placed restrictions on when and what times or are leaning toward doing so.

Fairlawn, for example, is expected to vote on legislation Tuesday that, if passed, will limit the time fireworks can be ignited, said R. Bryan Nace, the city's law director. Under the legislation, fireworks could only be lit between 11 a.m. and 11 p.m. on the days legally designated by the state. Initially, there would have been an exception for New Year's Eve and Day, but that may change, he added.

"Council has subsequent to the initial draft requested that there be some time limitations on New Year's Eve and New Year's Day also," Nace said. "Additionally the ordinance would limit the use of fireworks by certain persons, including prohibitions against their use by minors, incompetent persons, intoxicated persons, etc. This is generally consistent with state law, but state law may not be set forth as specifically."

Legislation that Cuyahoga Falls is considering would be more restrictive, only allowing fireworks to be legally discharged on Independence Day from 8:30 p.m. until midnight. City Council is expected to vote on the issue June 27, said Mayor Don Walters.

Norton, too, is considering legislation that would prohibit residents from igniting fireworks after midnight, said Mayor Mike Zita.

"Council has not voted on this yet," Zita said. "If council  passes what is currently before them, it will be in line with Ohio revised code — with a cutoff time of no fireworks after midnight."

Copley has not passed any legislation to opt out or restrict residents from lighting fireworks at home, but did place a one-year moratorium on any new fireworks businesses from opening in the township, said Loudan Klein, director of economic development. The state law also permits fireworks retailers to expand an additional 2,500 square feet, with additional security and safety measures implemented.

Phantom Fireworks is in the process of opening a new location in Montrose; the moratorium does not impact this new facility.

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However, representatives from several communities, such as New Franklin, Green, Bath and Hudson, have no current plans to opt out or legislate restrictions on the state's laws.

"The New Franklin Fire department has no immediate plans to request City Council to enact any legislation stricter than current Ohio law," said Steve Leslie, the New Franklin fire chief.

Vito Sinopoli, the township administrator and police chief of Bath, said the community "has not proposed any legislation that would impact the hours or days on which 1.4G consumer grade fireworks are discharged."

"Resident response has been limited," Sinopoli said. "However, those who contacted the township expressed concerns with safety regarding changes to the Ohio Fireworks Law."

Anyone uncertain about the status of fireworks regulations in their community should call their municipal or township officials before setting fireworks off on private property.

New fireworks provisions raise concerns with medical professionals, industry leaders

While some residents may be happy about the new opportunity to light up the night skies at home, medical professionals caution the potential increase of fireworks use can lead to more injuries.

Dr. Anjay Khandelwal, director of the Paul and Carol David Foundation Burn Institute at Akron Children's Hospital, said that 50% of injuries nationally happen to bystanders, and that states "that used to have restrictions had a slightly lower rate" of injuries. Khandelwal said that Akron Children's Hospital sees about 10 to 20 patients a year injured from fireworks and firecrackers, but he added that "a lot of the smaller hospitals may see more," as well as urgent care centers.

"We tend to receive the more severe ones, with large burn injuries," Khandelwal said. "Or those that occur in the immediate local area."

Even pyrotechnic products that were legal to ignite before the law change can cause injury. For example, sparklers, which are sometimes seen as a safe, child-friendly alternative, can cause severe burns, Khandelwal said.

"People I don't think realize that there are 15,000 accidents a year in the United States, and 15% of them involve sparklers," he said. "The tips of those sparklers can get up to 1,800 degrees Fahrenheit. A number of those occur in the pediatric population, about 20% to 25% of the injuries are in those less than 18 years old. The majority involve the hands and face."

Bill Weimer, vice president and general counsel at Phantom Fireworks, agreed.

"You can't have children fooling around with fireworks," Weimer said. "You can't have drunk Uncle Charlie fooling around with fireworks. You need to have a legal adult who is sober."

Those who wish to ignite fireworks at home should take several precautions to help prevent injury, Khandelwal said, emphasizing that fireworks should not be held in the hands when being set off.

Those setting off fireworks should refrain from drug and alcohol use, and should have a fire extinguisher nearby. When finished, spent fireworks should be submerged into a bucket of water to make sure they are extinguished.

"I've heard so many stories about people who dispose of their fireworks in their trash cans, and then (the fireworks) start to smolder," Weimer said. "Then you have a house fire."

In addition to knowing how to safely ignite fireworks, people with these items need to store them properly, Weimer said. This means putting fireworks and firecrackers "in a dry, secure place where children cannot get to them."

"You always have to bear in mind that kids will want to play with them," Weimer said. "Few things are worse than having children become burned and need taken to the ER."

Also, make sure fireworks are set off on a flat, stable surface and don't try to reignite a firework that failed to go off, Weimer said. He recommended those setting off fireworks wear safety gloves and safety goggles and use something like a long-necked butane lighter — not matches — to ignite fireworks.

Weimer said his own grandchildren love watching the fountains and sparklers light up, but he ensures they stay a safe distance from them. He recommended sticking sparklers in something like a bucket of sand or a flower pot and lighting them from there.

But Khandelwal's biggest tip? Don't do this at home.

"Leave it to the professionals," he said. "I know the laws are changing, but I would encourage them to leave it to the professionals."

Reporter April Helms can be reached at ahelms@thebeaconjournal.com

This article originally appeared on Akron Beacon Journal: Restrictions on fireworks lighting will still remain in some areas