Fireworks safety guidelines from IDHS and GFD

Monday, June 30, 2014

With July 4 just around the corner, the Indiana Department of Homeland Security and the Greencastle Fire Department have provided the following safety guidelines for the use of fireworks.

How have Indiana's fireworks laws changed since 2006?

* In addition to Section 8(a) (i.e. sparklers, ground spinners, cone fountains, wheels, cylindrical fountains), consumer fireworks (i.e. bottle rockets, roman candles, and fire crackers) are legal to discharge in the state.
* Only individuals 18 years of age or older may purchase fireworks.
* Anyone under the age of 18 may possess or use a firework only in the presence of an adult.
* On Memorial Day, the Fourth of July, Labor Day, and New Year's Eve, fireworks may be discharged from 9am to 12am. Any other day of the year, fireworks may be discharged from 9am to 11pm. It is important, however, to check with local officials as local ordinances may restrict usage.
* Fireworks may be discharged only on your property, the property of someone who has granted permission to discharge fireworks, or at special discharge locations.
* Fireworks retailers must have a permit from the Indiana State Fire Marshal to sell consumer fireworks. All firework retail locations must undergo an inspection by either a representative of the Indiana State Fire Marshal or the local fire department
* The five-percent public safety fee now assessed on the sale of fireworks funds the Indiana Disaster Relief Fund and the Indiana Firefighter Training System.
* Penalties are now in place for violation of Indiana's fireworks laws.

Fireworks Safety Tips

* Never let children handle, play with, or light any fireworks.
* Store fireworks in a cool, dry place away from the reach of children.
* Always purchase your fireworks from reliable, licensed fireworks dealers.
* Use a clear, open area. Keep audience a safe distance away from the shooting site.
* Safety glasses are recommended for those individuals lighting fireworks or those in close proximity to the fireworks.
* Do not alter any fireworks device or make your own fireworks.
* Only light one firework item at a time.
* Never attempt to re-light, alter, or fix any "dud" firework item.
* Have a fire extinguisher, water supply, hose, or bucket of water nearby.
* Be cautious of lighting any fireworks during strong wind conditions and light fireworks with prevailing wind blowing away from the spectators.
* Never smoke when handling fireworks.
* Never aim, point, or throw fireworks at another person.
* Use fireworks outdoors, never indoors.

Penalties for Violating Indiana's Fireworks Laws

* A person who ignites, discharges, or uses consumer fireworks at a site other than: (1) a special discharge location; (b) the property of the person; or (c) the property of another who has given permission to use the consumer fireworks; commits a Class C infraction that may result in a fine up to $500 per infraction.
− On the second violation within five (5) years, the person commits a Class C misdemeanor, an offense punishable by imprisonment of not more than 60 days and a fine of no more than $500.
* A person less than eighteen (18) years of age who possesses or uses a firework when an adult is not present and responsible at the location commits a Class C infraction that may result in a fine of up to $500 per infraction.
− On the second violation within five (5) years, the person commits a delinquent act under IC-31-37.
* A person who ignites, discharges, or uses consumer fireworks: (a) after 11:00 pm, except on a holiday or December 31, on which dates consumer fireworks may not be ignited, discharged, or used after midnight; or (b) before 9:00 a.m. commits a Class C infraction that may result in a fine of up to $500 per infraction.
− On the second violation within five (5) years the person commits a Class C misdemeanor, an offense punishable by imprisonment of not more than 60 days and a fine of not more than $500.
* A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation causes harm to the property of a person commits a Class A misdemeanor, an offense punishable by imprisonment for up to one (1) year and a fine not to exceed $5,000.
* A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation results in serious bodily injury to a person commits a Class D felony, an offense punishable by imprisonment from six (6) months to three (3) years and a fine not to exceed $10,000.
* A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation results in the death of a person commits a Class C felony, an offense punishment by imprisonment from two (2) to eight (8) and a fine not to exceed $10,000.
* A person who knowingly or intentionally fails to collect or remit to the State of Indiana the public safety fee due commits a Class D felony, an offense punishable by imprisonment from six (6) months to three (3) years and a fine not to exceed $10,000.

For more information on Indiana Fireworks Laws and penalties, please visit www.in.gov/dhs.

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