Even after a mishap in Chester caused a fireworks tent to catch fire, many in West Virginia still support the legalization of Class C fireworks.
House Bill 4102, a bill to amend state code and allow for the legal purchase and use of things such as firecrackers, rockets and Roman candles, did not pass out of the House Judiciary Committee in the 2012 legislative session. But Judiciary Subcommittee B heard testimony July 23 from experts both for and against the bill.
Clifford Rotz, a self-proclaimed fireworks enthusiast, said in his testimony that several states have loosened their fireworks laws in the past few years, allowing residents to purchase and use Class C fireworks as regulated by the Consumer Products Safety Board. Ohio, Kentucky and Pennsylvania have all legalized Class C fireworks to some extent.
Rotz cited a study by David Ferrell that found 81 out of 100 West Virginians polled said they support the legalization of fireworks and are resentful that surrounding states attract West Virginia dollars.
"I frankly believe if the story of fireworks was told in the media, that number would be much higher," Rotz said. "Many people stated … that they were resentful that Ohio and Kentucky are taking money out of West Virginia pockets as far as profits and tax revenue."
Rotz proposed a 10 percent safety fee be attached to the bill. He pointed out the fee would not be a tax and would not apply to sparklers, which have been legal in West Virginia since 1995.
"It would not apply to all existing sparkling devices that are currently legal," he said. "It's just a user fee for the new items to help the fire departments to defray their expenses and for the fire marshal to defray his expenses."
Anthony Carrico, a deputy chief state fire marshal, also spoke before the committee. He cited the fire in Chester as one of the main reasons the state fire marshal opposes HB 4102.
"I admire Mr. Rotz for his dedication and his research, but the state fire marshal's office stands vehemently opposed to the legalization of fireworks," Carrico said.
Although the mishap in Chester has been deemed accidental, Carrico said it could have been much worse. But the fire marshal's office has 10 inspectors, so investigating each accident can take time, and it's hard to enforce laws currently in place.
"It's a matter of manpower," Carrico said.
Not only that, some small-town law enforcement agencies often don't respond to complaints.
"We receive a lot of citizen phone calls and complaints," he said. "No one seems to be interested at the local level to go enforce the law."
Rotz said the legalization of fireworks could create hundreds of jobs and bring in an additional $1 million or more in tax revenue. However, Carrico said his department opposes the bill from a safety standpoint.
"As far as the job creation, that's policy outside the scope and authority of our office," Carrico said. "I can only speak to safety. We still strongly feel they're not safe."
Carrico said he'd like to see the Legislature regress a little and give the fire marshal more authority over regulating the sale, purchase and use of all fireworks in West Virginia.
"As Mr. Rotz indicated, when the Legislature legalized the novelty sparkling fireworks, you will find very few regulations, if any, or any oversight from any government office, except the tax office," Carrico said. "There were no safety regulations imposed or permitting process."
But as Rotz put it, if legal fireworks are made available, people will be less likely to seek out the illegal ones, resulting in fewer injuries and accidents.
"Fireworks themselves are becoming safer and more reliable," he said.
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