Fireworks legislature given preliminary approval

PHOENIX – You may soon be able to play with sparklers, fountain fireworks and other such items.
 
But you may have to go to Tacna to do it.
 
Legislation given preliminary House approval Thursday would legalize consumer-grade fireworks in Arizona, allowing merchants to sell nearly everything from Roman candles to more elaborate and colorful explosives.
 
Rep. Andy Biggs, R-Gilbert, said there is no reason to deny Arizona residents a right that exists in most other states.
 
And he pointed out that the measure keeps the door shut on the things that can actually explode. Rockets that shoot into the air also would remain legally forbidden.
 
Despite that, Biggs still had an uphill fight, what with opposition from various fire departments concerned about the risk of starting a conflagration in the dry desert climate. So Biggs, in hopes of minimizing opposition, agreed to allow cities and towns to opt out of the law.
 
That, however, did not satisfy everyone.
  
"Fireworks should remain illegal," said Robby Rodriguez, spokesman for the Somerton/Cocopah Fire Department. "We as firefighters teach children not to play with matches, so why would we want to go and put fireworks in them. How would putting anything that puts a match in the hand of a kid with any sort of explosive device be a good idea?"
 
Rodriguez added that legalizing fireworks would only lead to unneccessary and potential life-threatenting injuries.
 
"We see the kinds of injuries fireworks can cause, from severe burns to having fingers blown off," Rodriguez said. "Keeping fireworks illegal would make our jobs easier because we wouldn't be going on those type of calls."
 
Putting his job as a firefighter aside, Rodriguez said that as a parent, he would be not be comfortable giving his children any firework that is capable of producing over 1,000 degrees of heat, like many of them do.
 
"Even if the law does pass, parents need to use their best judgement when regulating what type of fire works their children use," Rodriguez said.
 
He did say he agreed with the option in the bill that allowed cities to opt out of the law because it is a city's responsibility to safeguard it's residents.
 
Rep. Tom Chabin, D-Flagstaff, said most of the state, at least from a geographic standpoint, is not within city limits.
 
"I would point to areas of Northern Arizona: Munds Park, Kachina Village, Bellemont area east of Williams west of Flagstaff, I could certainly point to numerous area in Yavapai County, Navajo County,'' he argued. He said those areas - many of them with large stands of trees - would remain vulnerable to fire caused by someone being careless.
 
Biggs told Chabin he was worrying unnecessarily.
 
He said workers for the U.S. Forest Service already have the ability to ban open fires during dry periods. Biggs said that also should allow them to ban sparklers.
 
Chabin responded that is fine for some areas of the state. But he said there are vast stretches of the state that are not within national forests, where no one would be able to restrict these items even in extreme drought. Biggs, however, was unconvinced that each of the state's 15 counties should be able to set their own rules.
 
"You have the potential of getting a whole bunch of different types of amendments added onto this thing causing all types of confusion to everyone involved,'' he said.
 
Even if cities ban the use of sparklers, their residents would not necessarily have to go hunting for them: The opt-out provision covers only lighting them; cities could not ban their sale.
 
"Allowing cities to opt out is in their best interest since they are responsible for safeguarding their residents," Rodriguez said.
 
HB 2258 needs a final roll-call vote before going to the Senate.
 
Rodriguez said the Professional Firefighters of Arizona has spoken out in opposition of the bill and is lobbying the state to keep fireworks illegal.

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List of permitted devices:

- ground and hand-held sparklers;

- cylindrical fountains;

- cone fountains;

- illuminating torches;

- wheels;

- ground spinners;

- flitter sparklers;

- toy smoke devices;

- wire sparklers or dipped sticks

- multiple tube fireworks and pyrotechnic articles.

-- Source: HB 2258