Iowa's new fireworks law means more places to buy, but fire officials worry
Local governments are scrambling this year to catch up with a recently changed Iowa law regarding fireworks.
The changes could mean more fireworks retail locations. At the same time, fire safety officials warn, the guidelines the state uses for fireworks storage are outdated.
Change in Iowa law regarding location of fireworks sales
Senate File 2285, Iowa legislation changing zoning laws related to retail sales of fireworks, was signed into law in April. The new language prevents cities and counties from limiting or restricting consumer fireworks sales in areas zoned for commercial or industrial use.
That means a local government can't further restrict where it allows fireworks sales — and also prevents banning the sale of fireworks in a city or county even if their unlicensed use is illegal in that jurisdiction.
Previously, West Des Moines allowed consumer fireworks sales only in industrial-zoned areas. Now, fireworks stands are popping up around the city in commercial areas.
"This law change was very sudden," West Des Moines Fire Marshal Mike Whitsell said. "We had to play catch-up. We had to learn the law and our roles and responsibilities as a jurisdiction and what we were allowed to enforce. It was a lot of scrambling."
Under the revised law, first-class consumer fireworks can be sold in West Des Moines. But the city doesn't allow the use of those fireworks, including firecrackers, bottle rockets, helicopters and Roman candles. However, second-class fireworks like sparklers, snaps and fountains are allowed, Whitsell said.
"I feel truly bad for any person in West Des Moines who thinks because they can buy fireworks here, they can discharge them within the city limits," he said.
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Iowa relies on out-of-date fireworks standards
Even more concerning for officials is that Iowa law mandates compliance with storage and transportation guidelines for fireworks that are out of date.
Iowa Code 100.19 regarding consumer fireworks sellers directs the Iowa fire marshal to adopt rules requiring that consumer fireworks sellers follow the National Fire Protection Association's standard 1124 "published in the code for the manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles, 2006 edition."
That standard was updated in 2013, 2017 and 2022.
Jeannie Guttenfelder, a management analyst with the Iowa Department of Public Safety, said the fire marshal is using such an outdated standards because that is what the Legislature requires in the law.
Guttenfelder said she' did not know whether the fire marshal has asked the Legislature to update that fireworks-related standard. The request would have to come from the Department of Public Safety, she said.
The reliance on an out-of-date standard concerns some local fire marshals.
"When we look at safety there is absolutely a concern that we are in 2022 and using 2006 codes. Technologies and lessons learned keep evolving, but we aren't evolving with them," said West Des Moines' Whitsell.
"If I had a restaurant come in, they'd have to follow stricter codes than a fireworks company," he said. "And fireworks are explosives. They are dangerous."
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Clive Fire Marshal Clay Garcia and the city's fire department learned some hard lessons last year after a fireworks explosion.
"As cities, we have to take multiple steps to ensure safety measures are met," Garcia said. "Even though we try to make those safety measures as public as we can, people still have a lack of judgement, and then we have an issue."
As in West Des Moines, first-class fireworks cannot be discharged in Clive. But on July 3, 2021, an employee at an Iowa Fireworks Co. fireworks stand there lit a firework in a parking lot, then tossed the spent unit into a garbage can near a storage container that had some unused fireworks inside, Garcia said.
"That garbage can ended up inside the storage container where the unused fireworks were stored. The spent firework lit the garbage on fire," he said.
The fire, and the explosions inside the storage container, caused $10,000 in damage.
There were no injuries, but Garcia said some firefighters got too close to the fire.
"In hindsight, so many things could have went wrong. We could have easily gotten hurt. It's a very unpredictable material," Garcia said.
"We call it a near miss," he said.
He said Clive this year adopted new regulations that include better signage around fireworks sales locations and placing a Dumpster at a safe distance away from the fireworks stand.
If there is another fireworks fire, the Clive Fire Department will make sure all of the nearby buildings are evacuated within at up to 1/3-mile radius and let the fire burn itself out, he said.
"We don't know fully how that product is going to burn and we don't want any of our firefighters' lives in danger," he said.
Where are the fireworks on sale in your community?
The state fire marshal's website has an interactive map showing the locations of licensed fireworks vendors throughout the state at dps.iowa.gov/divisions/state-fire-marshal/consumer-fireworks-licensing. Here is a look at locations and rules in some local communities.
Ames
Lighting fireworks in Ames is illegal, according to the Ames city website. Vendors in the city and what they're permitted to sell are:
Cornellier Fireworks, 2801 Grand Ave.; first-class fireworks and may include second- class fireworks.
Ka-Boomer’s Enterprises Inc., 310 SE 16th St.; first- and second-class fireworks.
Bellino Fireworks, 3800 Lincoln Way, first- and second-class fireworks.
Jakes Fireworks, 534 S. Duff Ave.; first- and second-class fireworks.
Walmart, 3105 Grand Ave; second-class fireworks only.
Target, 320 S. Duff Ave.; second-class fireworks only.
Theisen’s Home Farm Auto, 1315 S. Dayton Ave.; second-class fireworks only.
Menards, 700 S.E. 16th St.; second-class fireworks only.
Sam’s Club, 305 Airport Road; second-class fireworks only.
Lowes Home Improvement, 120 Airport Road; second-class fireworks only.
Carlisle
Carlisle allows fireworks from noon to 11 p.m. July 1-4 Vendors in the city and what they're permitted to sell are:
Bellino Fireworks, 1115 Bluestem Drive; first- and second-class consumer fireworks.
Blazing Glory Fireworks LLC, 2925 Gateway Drive; first- and second-class consumer fireworks.
Indianola
Fireworks may be set off in Indianola from 9 a.m. to 10 p.m. July 3 and 5 and 9 a.m. to 11 p.m. July 4.
Fireworks stands are set up around town at these locations:
TNT Fireworks, 2312 N. Jefferson Way; first- and second-class fireworks.
Jakes Fireworks, 1500 N. Jefferson Way; first- and second-class fireworks.
Bellino Fireworks, 910 N. Jefferson Way and 309 W. Second St.; first- and second-class fireworks.
Boom Daddy Fireworks, 508 N. Jefferson Way; first- and second-class fireworks.
Freedom Fireworks LLC, 203 W. Second Ave.; first- and second-class fireworks.
Hunter and Kindra’s Fireworks, 1203 S. Jefferson Way; first- and second-class fireworks.
Norwalk
The city allows fireworks to be set off from 4 to 10 p.m. July 2 and 3 and 4 to 11 p.m. July 4.
Norwalk Fire Inspector Jeremy Cross said fireworks are for sale this year at the same locations as last year:
Bellino Fireworks, 1120 Sunset Drive; first- and second-class consumer fireworks .
Iowa Fireworks Company, 1409 Sunset Drive; first- and second-class consumer fireworks.
Boom Daddy Fireworks, 1611 Sunset Drive; first- and second-class consumer fireworks.
Safety when using fireworks, even sparklers
According to the National Safety Council, all fireworks must be handled with care — even sparklers.
Sparklers burn at about 2,000 degrees – hot enough to melt some metals. They can quickly ignite clothing, and children have suffered severe burns from dropping sparklers on their feet. According to the National Fire Protection Association, sparklers alone account for more than 25% of emergency room visits for fireworks injuries. For children under 5, sparklers accounted for nearly half of the total estimated injuries in 2017, according to the Consumer Product Safety Commission.
The safety council suggests Americans consider using safer alternatives such as glow sticks, confetti poppers or colored streamers. But if you are going to use sparklers and fireworks, it offers these safety tips:
Never allow young children to handle fireworks.
Older children should use fireworks only under close adult supervision.
Never use fireworks while impaired by drugs or alcohol.
Anyone using fireworks or standing nearby should wear protective eyewear.
Never hold lighted fireworks in your hands.
Never light fireworks indoors.
Only use fireworks away from people, houses and flammable material.
Never point or throw fireworks at another person.
Only light one device at a time and maintain a safe distance after lighting.
Never ignite devices in a container.
Do not try to re-light or handle malfunctioning fireworks.
Soak both spent and unused fireworks in water for a few hours before discarding them.
Keep a bucket of water nearby to fully extinguish fireworks that don't go off or in case of fire.
Never use illegal fireworks.
Teresa Kay Albertson covers Des Moines' southern suburbs for the Register and the Indianola Record-Herald. Reach her at [email protected] or 515-419-6098.
This article originally appeared on Des Moines Register: Iowa's fireworks law add options, but some standards unsafe
