Law change for fireworks

Changes for boomers - the pyrotechnic kind - went into effect Tuesday that changes when you can light them off.

Gov. Kim Reynolds signed Senate File 303 May 19, which prevents city councils and county board of supervisors from banning or limiting consumer fireworks on July 3, 4 and Dec. 31. Prior to this week’s law change, local governmental bodies could set regulations for when fireworks could be set off as permitted in Iowa Code 727.2. For example, several larger cities banned the use of consumer fireworks within city limits, while others went along with what state code.

The code allows the legal use of fireworks between June 1 to July 8, and Dec. 10 to Jan. 3; fireworks can only be set off between the hours of 9 a.m. and 10 p.m. during those time frames. The times are expanded for the day of July 4, as well as the weekends before and after the holiday, to allow fireworks to be set off until 11 p.m. For New Years, the time expands to 9 a.m. starting Dec. 31 until 12:30 a.m. Jan. 1.

Earlier in this year’s legislative season, Iowa Democrats spoke in support of local government choice in regulating fireworks while law enforcement criticized the bill, citing public safety concerns.

Rep. Eric Gjerde (D-Cedar Rapids) proposed an amendment to the bill in May that would prohibit consumer fireworks for personal use, citing the need to think of the people, such as those who suffer from PTSD.

“When we take away the local control of cities and counties to determine what works best for them and what works best for their individuals — to me, it’s just easier to say, let’s just get rid of consumer fireworks altogether and stick with the display fireworks by our cities and our counties,” Gjerde said. “… I also think we need to be certain that’s what’s in the best interest for everybody.”

On the other side of the aisle, Republicans supported the bill during debate, stating a change to the law was necessary to allow Iowans to fully celebrate in the 250th anniversary of the United States’ independence, which occurs next year.

During debate Rep. Bill Gustoff (R-Des Moines), who was the floor manager for the bill, said easing of restrictions would allow for celebration of the “unwary, patriotic American in Iowa,” aligning with President Donald Trump’s plans for a yearlong celebration in honor of the 250th anniversary.

“Mr. President, we welcome that idea in Iowa, and we’re ready, willing and able to host the party,” Gustoff said at the time. “Iowans would want to join their fellow citizens from around the nation to celebrate the semi-quincentennial birthday of the greatest nation in history, in the world. … We need to enable Iowans to be part of that celebration.”

Local codes

At present, the city of Osceola aligns with state code in that it allows the use of consumer fireworks for the dates and times listed in the state code; display fireworks require a permit to first be obtained. The city of Murray does not allow the use of consumer fireworks within city limits. Clarke County does not have any ordinances that pertain to fireworks.

Consumer fireworks are described in chapter 3 of the American Pyrotechnics Association, Standard 87-1 and include the following first-class consumer fireworks: aerial shell kits and reloadable tubes, chasers, helicopters and aerial spinners, firecrackers, mine and shell devices, missile-type rockets, Roman candles, sky rockets and bottle rockets and multiple tube devices.

Second-class consumer fireworks are: cone fountains, cylindrical fountains, flitter sparklers, ground and hand-held sparkling devices, ground spinners, wheels, wire or dipped sparklers that are not classified as novelties, illuminating torches and toy smoke devices that are not classified as novelties.

While SF 303 changes the ability to ban or limit fireworks, local governments are still allowed to keep bans or limits in place for other times of the year, requiring Iowans to follow other regulations on fireworks in state code.

Some of those provisions include no firework sales to anyone under the age of 18 and only allowing consumer fireworks to be used on one’s private property, unless given permission to use another’s property.