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Repeal Pa.’s fireworks law

Some state legislators and representatives of first responder groups have said enough is enough when it comes to fireworks complaints. Now they want the expansion of the state fireworks law (Act 43) that passed in 2017 rescinded.

Their point of view was made abundantly clear last week during a meeting of the House Democratic Policy Committee in Whitehall hosted by Rep. Jeanne McNeil, D-Lehigh.

Many local municipal leaders and police and fire officials are supportive of the effort to do something about the fireworks issues that have been plaguing their communities since the new law went into effect.

It has become obvious that this expansion of the fireworks law, which allowed Pennsylvanians to buy much more powerful fireworks, was a mistake, because it has given rise to many problems not fully anticipated when the proposal was being debated.

Actually, it was one of those misguided compromises that was floated as a spinoff to get the annual state budget approved that year.

“We can’t continue to ignore how dangerously flawed and irresponsible Act 43 of 2017 really is to our communities,” McNeill said. “Those who refuse to acknowledge that the situation is out of control, or seem to think genuine concerns about public safety and quality of life are exaggerated, should be ashamed. Rather than telling folks to ‘get over it’ or ‘deal with it,’ the correct and responsible action is to fix it. And the time to fix it is now.”

McNeil is co-sponsor of House Bill 988, sponsored by Rep. Peter Schweyer, D-Lehigh, that would repeal the most recent changes made to the fireworks law and reinstate the provisions as they existed before.

“There is still more to accomplish beyond these changes, but it opens the door for a comprehensive revision of our fireworks laws, Schweyer said. “Our children, families, neighborhoods and first responders are too important. We have to get this done.”

Committee Chair Ryan Bizarro, D-Erie, took a more neutral stance on the legislation. “We all want to celebrate the holidays, and fireworks can be a fun and beautiful display of those celebrations, but we must take all the unintended consequences into consideration. We especially must consider those who served our country and make sure we’re doing all we can to protect our communities. Empowering our local fire and police officials to protect and serve is key in any potential changes to another update to the law.”

McNeil echoed the concerns of local residents who have been complaining in droves to municipal and state police about the disruption caused when these fireworks are set off at all hours of the night and early morning, even though there are local ordinances restricting their hours of use. Enforcement is nearly impossible unless the police are eyewitnesses.

“Every year, once the warm weather starts, so too do the calls from citizens,” McNeill said. “Many of us understood the issues and problems relative to the legalization of fireworks prior to today’s policy hearing. Recognizing it’s OK to acknowledge that not all laws are always good laws, many of us have been trying to work to prioritize public safety and pass legislation that would repeal Act 43.

“There is rarely a night that passes without fireworks being set off in our neighborhoods,” said Schweyer who lives in Allentown. “It’s a constant disruption of our quality of life and an unnecessary threat to public safety. The health and safety of our children, families, neighborhoods and first responders are most important.”

Jeremy Warmkessel, president of the American Federation of Firefighters Local 302 in Allentown, and Adam Perreault, the association’s executive board legislative coordinator, presented a joint statement saying that Allentown firefighters have experienced an increase in fireworks-related calls, ranging from structure and dumpster fires to injuries.

“We have had an elementary school fire attributed to fireworks as well as many dwelling fires. Fireworks are set off at all times of the day starting in May, stretching weeks beyond the Fourth. As we all know, summer months are hot and dry. The increased fireworks activity during these months adds another ignition source for fires.” their statement said.

Whitehall Police Chief Michael J. Marks told the committee that while the current fireworks law prohibits their use within 150 feet of an occupied building or on public or private property without the owner’s permission, this law does not allow for common-sense enforcement. In fact, Marks added, “It is next to impossible to enforce.” He also said that the use of fireworks “has become a contentious issue that divides communities.”

Not only are fireworks bothersome to humans, including veterans suffering from post-traumatic stress disorder, they can cause trauma in pets, according to testimony from Kelly Bauer, executive director of the Center for Animal Health and Welfare. There is a 30 to 60% increase in lost pets each year between July 4 and 6 because of fireworks, Bauer said. “We are asking our legislators to consider all of its residents, not just the ones with two legs,” Bauer added.

By Bruce Frassinelli | tneditor@tnonline.com

The foregoing opinions do not necessarily reflect the views of the Editorial Board or Times News LLC.