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Opinion: Fireworks genie is out of the bottle ... and it’s not going back in

When you let a genie out of a bottle, it is almost impossible to stuff the big guy back in there.

It’s going on five years since the Pennsylvania fireworks law was expanded to allow residents to buy consumer grade fireworks. Since the law went into effect, resident complaints have continued to grow, and emergency responder groups are urging action to stop the accidents that have left people dead and others maimed for life and property damaged or destroyed.

With New Year’s Day fast approaching, Pennsylvanians are bracing for a barrage of fireworks use since, along with July 4, it is the time when these devices are most used, and with the holiday coming on a Saturday you can bet that we are in for an entire weekend of boom-bang-blam.

State Sen. Gene Yaw, R-Lycoming, sponsored the legislation which led to the expansion of purchases. Before that, it was illegal for Pennsylvanians to buy other than novelty-type fireworks. Out-of-state residents could buy consumer grade fireworks as long as they would not be used in Pennsylvania.

Yaw and those who supported the legislation said the prohibition caused residents to travel to nearby states and buy fireworks, so why shouldn’t the state’s treasury benefit from these purchases. Certainly, since its passage, the sale of these products has resulted in the collection of $10 million of tax revenue, so this was one of the mitigating factors that led to a major pushback from some legislators and, of course, lobbyists for the industry.

Earlier this month, the state Senate and House Agriculture and Rural Affairs committees held hearings to gather information about the complaints that have been growing louder and louder all across the state.

State Rep. Peter Schweyer, D-Lehigh, was able to get 41 co-sponsors to sign on to a proposed bill that would repeal the new fireworks law. It has been languishing in committee since March.

One of the co-sponsors, Rep. Jeanne McNeill, D-Lehigh, was adamant about the impact the new law has had on affecting the quality of life of many Pennsylvanians.

“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.”

Well, the latest from Harrisburg comes from key legislators who have repeated the “get over it” insensitivity. They have announced that any rescinding of the law is dead in the water.

Even Schweyer and Berks County legislator Judy Schwank, also a Democrat, admit that this is pretty much the case, although both said they will still stay in the fight to try to get relief for a beleaguered population.

Many communities, including those in the five-county Times News area, have adopted ordinances that set time limits on when these devices can be used. “Unfortunately, too many citizens have chosen to use the fireworks irresponsibly,” said Schweyer as he noted one of the reasons why he introduced the legislation.

I predicted previously that the law will not be repealed - along with the genie, that horse has left the barn - but I predicted that because of how intense the complaints are that legislators will try to modify the legislation to try to come to some middle-ground compromise that will not completely satisfy everyone but will be pretty much be the best that we can hope for in a hyper-political world. And this is exactly the direction the wind seems to be blowing.

Just this year, an 8-year-old York County boy was killed in a fireworks accident at his home. Several fires were started by fireworks which went off course and landed on homes and businesses. Despite the prohibition not to use these devices within 150 feet of occupied structures, I don’t see any of these users walking off distances or using tape measures to see whether they are abiding by the law.

Whitehall Police Chief Michael J. Marks testified earlier this year that the 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.

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 at a committee hearing earlier this year 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.

Meanwhile, state Sen. Mario Scavello, R-Monroe/Northampton, said he is planning to introduce a bill that would allow these fireworks just four days a year - New Year’s Eve, Memorial Day, July 4 and Labor Day. He said he was motivated by complaints from groups sensitive to loud noises and by the increasing number of injuries caused by these devices. If it is introduced, this attempt to limit when fireworks can be used will also be dead in the water, primarily because of its difficulty in enforceability.

By Bruce Frassinelli | tneditor@tnonline.com

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