July 12, 2008

Laws on fireworks after the holiday

       The White River Township Fire Marshal's office has recently received several questions about fireworks and how long they are allowed to continue to be used after the July 4th holiday.  Many residents have become concerned about the dryness of the ground or them landing on the roof or in gutters and the possibility of fire. Many are also complaining about persons who are shooting fireworks late into the night and awaking them and their children.

         In White River Township, the fire department always cautions residents about the use of fireworks because of the issues of burn injuries and the damaging of property as a result of fire from hot smoldering fireworks.  Many individuals forget that they are essentially playing with explosives and each year in the state there are multiple fires and serious injuries directly related to fireworks.

         For those who have fireworks questions, here is an abbreviated version of the Indiana Law as it pertains to fireworks:

Fireworks are separated into two types, Consumer Fireworks (1.4G) which are your bottle rockets, roman candles, firecrackers, etc. and Special Fireworks (1.3G) which require a permit.  These are the larger types like you see in a public display.

• FIREWORKS CAN BE PURCHASED ONLY BY PERSONS 18 YEARS OF AGE OR OLDER.
   
• CHILDREN MAY ONLY POSSESS OR USE FIREWORKS WHEN AN ADULT IS PRESENT.
   
• FIREWORKS MAY BE USED ONLY ON THE USER'S PROPERTY; OR ON THE PROPERTY OF SOMEONE WHO HAS CONSENTED TO THE USE OF FIREWORKS ON THE PROPERTY, OR AT A SPECIAL DISCHARGE LOCATION.  (A special discharge location is a place designated for the discharge of consumer fireworks under temporary policies of the State Fire Marshal in effect until the Fire Prevention and Building Safety Commission adopts rules.)
   
• FIREWORKS MAY BE USED ONLY BETWEEN 9:00 A.M. AND 11:00 P.M. ON DAYS OTHER THAN HOLIDAYS.
   
• HOLIDAYS INCLUDE MEMORIAL DAY, JULY 4, LABOR DAY AND NEW YEAR'S EVE.

  

PENALTIES FOR VIOLATING THE FIREWORKS LAW

• IF A PERSON USES CONSUMER FIREWORKS AT ANY PLACE OTHER THAN THE 3 OPTIONS LISTED ABOVE OR AT TIMES OTHER THAN THOSE LISTED ABOVE, THEY COMMIT A CLASS C INFRACTION THAT MAY RESULT IN A FINE OF UP TO $500 PER INFRACTION. IF A PERSON USES CONSUMER FIREWORKS ILLEGALLY MORE THAN 1 TIME IN 5 YEARS, THEY COMMIT A CLASS C MISDEMEANOR, AN OFFENSE THAT IS PUNISHABLE BY IMPRISONMENT OF NOT MORE THAN 60 DAYS AND A FINE OF NOT MORE THAN $500.
   
• IF A PERSON RECKLESSLY, KNOWINGLY, OR INTENTIONALLY USES CONSUMER FIREWORKS AND DAMAGES SOMEONE ELSE? PROPERTY, THE PERSON COMMITS A CLASS A MISDEMEANOR, AN OFFENSE THAT IS PUNISHABLE BY IMPRISONMENT FOR UP TO 1 YEAR AND A FINE NOT TO EXCEED $5,000.
   
• IF A PERSON RECKLESSLY, KNOWINGLY, OR INTENTIONALLY USES CONSUMER FIREWORKS AND CAUSES SERIOUS INJURY TO SOMEONE ELSE, THE PERSON COMMITS A CLASS D FELONY, AN OFFENSE THAT IS PUNISHABLE BY IMPRISONMENT FOR FROM 6 MONTHS TO 3 YEARS AND A FINE NOT TO EXCEED $10,000.
   
• IF A PERSON RECKLESSLY, KNOWINGLY, OR INTENTIONALLY USES CONSUMER FIREWORKS AND CAUSES SOMEONE? DEATH, THE PERSON COMMITS A CLASS C FELONY, AN OFFENSE THAT IS PUNISHABLE BY IMPRISONMENT FOR FROM 2 TO 8 YEARS AND A FINE NOT TO EXCEED $10,000.

If you find that you are witnessing violations of these laws, you can call the police department to stop the activity. If you experience a fire on your property or damage to your property as a result of someone else's fireworks, you can contact the Fire Marshal's office at (317) 888-8337and someone will follow-up with you.
 
    

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