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Fireworks laws, safety, sale and handling

Here's what you need for a "safe and sane" Fourth

photo Britt Combs

Tony Hoilman (center) unloaded a huge shipment of TNT fireworks last week at his stand in the Roses parking lot. They’ll be open toll 10 p.m. Friday, and possibly later on Saturday.

By Britt Combs | The McDowell News

Published: July 2, 2009

The crack, snap and bang of Fourth of July celebration will soon fill the evening air over McDowell. Fireworks vendors have been doing a brisk business in the area, selling North Carolina-legal fireworks in advance of the traditional celebration of "America's Birthday."

Meanwhile, South Carolina vendors told The McDowell News they have done a brisk business selling rockets and other contraband to North Carolinians who cross the border to take advantage of that state's liberal fireworks laws.

Sheriff Dudley Greene said he and his deputies would be ready to deal with those who don't respect the law, but that he does not expect any trouble.

Tony and Vicky Hoilman have set up their tent to sell the hottest fireworks allowed by law in North Carolina.

They've sold fireworks for the past five years in Marion, Vicky said. This is the first year they will be located in the Roses parking lot, as opposed to their previous location at Wal-Mart.

Their stand is a franchise of the popular "TNT" chain of fireworks vendors found across America this time each year. But unlike stands in other states, the Hoilmans' fireworks stand does not sell any device which launches into the air.

Bottle rockets, Roman candles and other aerial or explosive fireworks are illegal for consumer purchase or use in North Carolina and have been for many years.

A recent online poll conducted by The McDowell News revealed that 65 percent of readers believed the state's fireworks restrictions should be eased.

North Carolina is one of just five states to ban flying and exploding fireworks for consumer use.

The Hoilmans and other vendors in the state will sell many beautiful and fun fireworks devices that comply with state law. These include sparklers, fountains, smoke devices, snake and glow worms, trick noisemakers and toy pistol caps.

One of the main advantages of shopping locally with a respected franchise like TNT, Vicky said, is that the buyer can rest assured the products they buy conform to the law and to high quality and safety standards.

Last week, Sheriff Greene said he has not seen a major enforcement problem in the community. The people of McDowell, he said, are responsible people who enjoy the holiday with their families.

He pointed out that licensed pyrotechnicians put on fine displays that are free of charge to attend. These events, he said, are fun for the whole family and encouraged all to attend, rather than indulge in unsafe and illegal fireworks at home.

He especially urged that those attending a fireworks show stay at least 500 feet away from the pyrotechnicians.

"Always leave the area immediately," he said, "where untrained amateurs are using fireworks."

For those who will be using legal fireworks to create their own displays, Greene offered the following advice:
--Never give fireworks to small children and always follow the instructions on the package.
--Keep a supply of water close by.
--Make sure the person lighting the fireworks wears eye protection.
--Light only one firework at a time.
--Never attempt to re-light a "dud."
--Never throw or point any firework at people, animals, vehicles, structures or inflammatory materials.
But, despite the sheriff's confidence, Sierrah Gomez, a clerk at the TNT stand in Landrum, S.C., said she has observed a lot of North Carolinians shopping for fireworks in South Carolina.

"A lot of them just don't say where they're from," she said. Landrum is just over the state line on I-26, south of Tryon, and she has seen cars with North Carolina license tags park a good distance away from the stand in the Ingles parking lot.

If the customers state they are planning to smuggle the fireworks into a state where they are contraband, she said, then she will not sell them.

Clearly, some people want fireworks displays of their own, and the ready supply just miles away means many folks can and do smuggle illegal fireworks every year.

The National Fire Protection Association has campaigned for years for a complete ban on all consumer pyrotechnic devices, stating that even sparklers are extremely dangerous, burning at 1,200 degrees, according to their Web site.

In fact, sparklers were the No. 1 cause of fireworks-related injuries in 2007, according to the N.C. Department of Insurance Office of the State Fire Marshall. Of the 9,800 injuries reported that year, 22 percent were due to sparklers, followed by firecrackers at 12 percent.

Bottle rockets accounted for 7 percent of the injuries; Roman candles, 6 percent and, alarmingly enough, "public displays" accounting for as many as 4 percent.

And, of those 9,800 injuries, a full 40 percent of the victims were children. And 40 percent of the injuries were caused by devices that are legal in North Carolina.

Fireworks have been a major part of the Independence Day celebration and observance almost since its inception.

This year will mark 233 years since the Declaration of Independence was adopted by the Second Continental Congress. That declaration sparked fireworks indeed, as the action led to a decade of war before the British Crown recognized the secession of the states from the British Commonwealth.

The Congress actually approved their resolution of independence on July 2, 1776, but it took them a full two days of debate before they approved the draft of the declaration, penned by Thomas Jefferson.

John Adams is credited with the idea of a fireworks display as the traditional Independence Day observance, although he saw July 2, rather than July 4, as the appropriate day.

"It ought to be solemnized with pomp and parade, with shows, games, sports, guns, bells, bonfires, and illuminations, from one end of this continent to the other, from this time forward forever more," wrote Adams in a letter to his wife.