City takes action on new state law permitting fireworks usage

by Dan Holland

Broadview Heights City Council members have indicated the city’s fireworks laws will remain unchanged later this year when a new state law takes effect permitting the use of consumer-grade fireworks on certain days of the year.

Ohio House Bill 172, passed by the state legislature and signed into law by Ohio Gov. Mike DeWine in November, will allow for the usage of consumer grade fireworks on the Fourth of July, Memorial Day weekend, Labor Day weekend, New Year’s Eve and several other holidays.

While the law takes effect July 1, the bill affords municipalities the option of imposing home rule by opting out and imposing their owns rules regarding fireworks usage.

As part of a Dec. 13 work session, Broadview Heights city officials discussed the matter and all who spoke indicated they were in favor of opting out of the bill.

An ordinance that would ban the discharge, ignition or exploding of fireworks in the city – except by a licensed fireworks exhibitor – received a first reading-only on Dec. 20, a second reading-only Dec. 28, with the final vote expected at the Jan. 10 city council meeting.

The ordinance is being dubbed “Lacey’s Law” in remembrance of 12-year-old Lacey Seminsky of Broadview Heights, who was killed in 1998 during a fireworks display in Independence when a six-inch mortar shell accidentally tipped over and struck her in the head.

Seminsky’s father, Richard Seminsky, addressed city council Dec. 13.

“We were at a commercial display where we were 150 feet away in the crowd and we still got hit with debris,” Seminsky said. “I don’t think the new law is a good idea. Even some of the lesser fireworks – sparklers, bottle rockets, and the like – kids get burned by that stuff all the time. We are not going to stop it completely, because there’s too much money in it. But I think that if you have it throughout the year and allow it on so many days, I don’t think that’s a good idea.”

Mayor Sam Alai agreed.

“As you know, the state is going to allow fireworks on certain nights of the year and  is allowing cities home rule ability to opt out if they want,“ he said. “I strongly suggest to this council that we opt out and not allow fireworks on any night in the city other than professionals doing them for the city.”

Police Chief Steven Raiff and Fire Chief Jeffrey Hajek both spoke in favor of opting out.

“I agree with the mayor,” said Raiff. “We’ve had several hundred calls over the years regarding fireworks and I don’t think that is going to change. So, I think we should keep the ordinance the way it is and not allow the use of fireworks.”

“We already have issues with this on at least one night a year,” added Hajek. “The state is proposing 20 days out of the year for fireworks. I think it would be wise of us to keep our ordinance and say no to fireworks being allowed.”

Council Member Brian Wolf also told council he believes permitting the use of fireworks would be a mistake.

“We had a tragedy that occurred years ago in another city to one of our residents,” he said. “If we look at all the people with pets that freak out because of all the noises, along with people who have PTSD, and we have incidents that cause injuries to people that are all unnecessary. I think the wise move is to not allow those fireworks.”

Richard and Jodi Seminsky successfully lobbied for the passage of HB 405 in 2000, which put in place more stringent safety and training requirements for professional fireworks exhibitors.

Lacey Lane, located near the Seminsky home in Broadview Heights, was subsequently named in Lacey Seminsky’s memory.

“In knowing the Seminsky family and having known Lacey, I want to make sure we have their backs in all of this,” Alai said. “This is about the safety and security of our residents, and fireworks should only be in the hands of professionals. Unfortunately, about 20 years ago, the professionals failed miserably in the city of Independence. Now, we’re supposed to let everyday people who are drinking and partying do this? I don’t think so; it’s not going to happen in this city. We have to be responsible as the administration and city council, and we can’t in good conscious let amateurs play with fireworks on holidays. It’s a recipe for disaster.” ∞

Featured Picture: The ordinance council passed Jan. 10 is named after Lacey Seminsky, the 12-year old Broadview Heights girl killed during an Independence fireworks display in 1998.