Fire Marshal explains fireworks law at forum

PARIS —  Acting State Fire Marshal Joe Thomas moderated a public fireworks forum Tuesday, pointing out to the 30 or so residents, selectman and other town officials in attendance that educating the public is the easiest way to eliminate complaints.

West Paris Fire Chief Norm St. Pierre said that numerous complaints, including fireworks going off after 10 p.m., motivated him to bring people together to discuss how to deal with both legal and illegal fireworks activities.

Thomas said that the Fire Marshal's Office has been trying to get as much information out the public as possible "about the new law ... to clarify any issues."

After all, said Thomas, "the vast majority of issues that we're dealing with ... are people's own stupidity and actions."

In some cases, an ordinance may not even resolve the issue. "You can't mandate sensibility," he said.

He suggested that for most complaints, people contact legislators to change the law, or in the case of property damage, including injuries to animals, file a civil lawsuit.

For instance, one woman said she was concerned about her neighbors setting off fireworks within 50 feet of her horse pasture, and the possibility that her frightened horses could run through the fence and into traffic.

Another woman said while she did not mind the noise, she was worried about debris landing on her pine trees and possibly spreading to her home and causing a fire.

Thomas began the forum by stating that each municipality has the right to either ban or regulate the sale and use of fireworks within their borders with a town ordinance.

So far, he said, 37 towns and cities in Maine have filed ordinances and many of them restrict use to certain days of the week and even certain times of the day.

As the law is currently written, Thomas said that fireworks are only allowed between 9 a.m. and 10 p.m. seven days a week, except for July 4 and December 31, when they can be used until 12:30 a.m.

He said that some towns, like Saco, have totally banned the sale and use of fireworks in their communities, while others allow sales, but ban use – and vice-versa. Scarborough, he said, has a stricter ordinance, barring fireworks use in certain areas.

But one thing that towns cannot do, he said, is ban possession, because it simply can't be regulated.

Thomas said that complaints made in towns with local ordinances can only be enforced by the local police department.

In towns without ordinances, he said that the Sheriffs Office or State Police would have to step in and enforce state law.

Thomas also said the fireworks cannot be purchased or used by anyone under 21. He said that, after all, the biggest concern the state has is fireworks-related injuries to children.

In addition, if a juvenile is caught using fireworks, the adult who purchased and furnished those fireworks could face a criminal offense that could cost up to $1,000 plus jail time.

"That holds true to the sale of, as well as possession," Thomas said.

According to Thomas, state law also restricts people to setting off fireworks from their own property, or another property by written permission of the landowner.

One resident said that this can become tricky, especially in dense neighborhoods – because regardless of the distance, debris could still land on neighboring properties.

Damage done to someone else's property, including animals, Thomas said, is not regulated by an ordinance and instead is a civil dispute between the two parties. There is also no limit on how many fireworks someone can set off at one time, he said.

He did say, however, that certain types of fireworks, including bottle rockets, sky rockets, helicopters and spinners – basically "anything that's airborne by actuator (which initiates the device in the air)" –  are considered illegal. 

Thomas said that since fireworks became legal, hospitals throughout Maine have reported a total of 18 injuries.

While some complained of fireworks, others said they support them. Paris Selectman Gerald Kilgore said that no matter how strict fireworks laws become, there will always be "a few bad apples" that ruin it for everyone else.