Fireworks Fiasco Eludes Safety

Many people have commented that they have witnessed fireworks for sale in almost every retail store they go into. Local firefighters and police officers are also confused. Some that we've spoken to have claimed that they too have seen and even purchased fireworks, believing that they are now legal since they are being sold in stores throughout Westchester County.

While residents are now able to purchase fireworks legally in Westchester County, there is still some confusion about which ones people can buy and just as importantly, if it's legal to use them or shoot them off? Certain types of fireworks can be sold in New York to those 18 years of age or older, but according to New York law, the ones for sale are “sparkling devices.” These are what is commonly referred to as simply sparklers.

The law passed in 2014 and signed by Governor Andrew Cuomo, a democrat, lets retailers sell the small fireworks from June 1 to July 5 and December 26 to January 1 each year. Similar to tents and stands seen in other states, some even along the roadsides, temporary stands or tents can get a NY State permit to sell the sparkling devices from June 20 to July 5 and December 26 to January 1. According to the State's definition, sparkling devices are ones that burn on the ground and do not explode in the air.

A 2016 law decided that if a particular County wanted to “opt out” of selling fireworks, it would have to formally do so. Westchester never did opt out, allowing sparklers, fountains, cakes and tubes to be legally purchased. To that end, the Westchester County Association of Fire Chiefs, the Westchester County Volunteer Firemen's Association and the Westchester County Association of Fire Districts petitioned County Executive George Latimer as well as all County Legislators to have Westchester County "opt out" of this law, stating among other points that these devices are extremely dangerous burning at temperatures from 800 to 2,000 degrees!

In response to the letters sent, County Legislator Williams responded. An excerpt from her response clearly indicates that profits over safety were paramount for the legislators. Here's a portion of her response, "I have discussed your request, for Westchester Co. to opt out of the sparkler law, with my colleagues and some vendors in the area. It seems that it is too late to opt out now, due to the nearness of the July 4th Holiday, most vendors have already ordered their supply. However we will consider doing this next year, early enough to notify all involved.” A second legislator we discussed this with said she wasn't even aware of the "opt out" provision. In a subsequent meeting with County Executive George Latimer, he assured us that the County Attorney will be drafting a bill that will be introduced after the July 4th Holiday and he assures us that he will sign it.

While doing this after the July 4th Holiday may be the proverbial closing of the barn door after the animals are out, the attitude at the County Legislature appears somewhat apathetic. At least we can hope that no one gets injured during the highly anticipated use of these easy-to-come-by fireworks. It now comes down to each municipality as to whether or not they are legal to be used. So, even though you can purchase them, you might not necessarily be allowed to shoot them off! We urge you to check with your respective municipality's building and codes department or police department to find out wjhat you can and cannot do with fireworks.

As always, please stay safe this July 4th and enjoy the holiday, keep an eye on your kids and when in doubt, err on the side of caution and don't use any fireworks.

For those who prefer to write letters or call their legislators, please use the following information:

Your Legislator Name
Westchester County Board of Legislators
Michaelian County Office Building, 8th Floor
148 Martine Avenue
White Plains, NY 10601

Name	District	Phone
John G. Testa	1	(914) 995-2828
Kitley S. Covill	2	(914) 995-2810
Margaret A. Cunzio	3	(914) 995-2847
Michael B. Kaplowitz	4	(914) 995-2848
Benjamin Boykin	5	(914) 995-2827
Nancy E. Barr	6	(914) 995-2834
Catherine F. Parker	7	(914) 995-2802
Alfreda A. Williams	8	(914) 995-2833
Catherine Borgia	9	(914) 995-2812
Damon R. Maher	10	(914) 995-2817
James Maisano	11	(914) 995-2826
MaryJane Shimsky	12	(914) 995-2821
Lyndon Williams	13	(914) 995-2837
David J. Tubiolo	14	(914) 995-2815
Gordon A. Burrows	15	(914) 995-2830
Christopher A. Johnson	16	(914) 995-2829
Virginia Perez	17	(914) 995-2846