On Kewanee’s northside off Main Street, a fireworks stand, under a red, white and blue tent, cropped up last week offering a variety of fireworks, some containing as much as 500 grams of pyrotechnic composition. Secured to a pole inside the stand are permits from both the City of Kewanee and the Illinois State Fire Marshal.
The stand is owned by a Hobart, Ind. company and sales reps market their merchandise to potential customers as Indiana fireworks sold legally since Illinois changed its law in 2019.
But while the law was updated in 2020 specifying several types of fireworks that could be sold to permitted individuals, the state law banning fireworks sales and possession of fireworks to the general public is still in place. According to Illinois Legal Aid, “there are no kinds of fireworks that are legal in Illinois for consumers to possess.” The Pyrotechnic Use Act (PUA) in Illinois bans the sale, possession, and use of all “consumer fireworks.”
The state does permit the sale of certain consumer fireworks by registered retailers and distributors, such as the Kewanee stand, but specifies the type of fireworks permitted and who is legally allowed to purchase those fireworks.
Approved consumer fireworks are those labeled with 1.4 G Consumer or 1.4S fireworks classified as UN0337 intended for outdoor use. The fireworks must have been inspected by the American Fireworks Standards Laboratory (AFSL).
The fireworks must be ground mounted and no handheld consumer fireworks will be approved. Banned specifically are roman candles, firecrackers and bottle rockets.
The code was updated in 2020 to approve cones or cakes containing no more than 50 grams of pyrotechnic composition and single tube foundations containing no more than 75 grams of pyrotechnic composition. Multi-tube fountains must not contain more than 500 grams of pyrotechnic composition.
Mines, comets, tubes, shells, fancy florals, and parachutes are also allowed to be sold to a permitted individual. These items are firework devices designed to produce low-level aerial effects, which are propelled into the air by a lift charge.
The PUA doesn’t cover novelty effects, not really considered fireworks, such as snake or glow worm pellets, smoke devices, trick noisemakers, trick matches and cigarette loads and sparklers.
Other handheld fireworks not permitted are skyrockets, helicopters, missiles, pinwheels, planes, buzz bombs, chasers and sky lanterns.
Fireworks are regulated at the federal, state and local level.
An email from a public information officer with the Illinois Office of the State Fire Marshal specifies that “consumer fireworks retailers/distributors registered with the OSFM may sell approved consumer fireworks to consumers, but only to those consumers “who have and display a valid consumer fireworks display permit, issued by the local or county municipality to that consumer.”
Locally, in Kewanee, Ordinance 94.26 prohibits the sale or use of fireworks, and closely follows the state law that only distributors or retailers registered with the OSFM may distribute or sell fireworks within the City of Kewanee. “Those distributors may not sell or transfer fireworks to any person who does not possess a valid display permit,” according to the city ordinance.
The city ordinance also closely aligns with the state law defining fireworks as “any explosive composition. . . or article prepared for the purpose of producing a visible or audible effect. . . by explosion, combustion, deflagration or detonation.”
City Manager Gary Bradley said an ordinance to sell fireworks within city limits was approved by the City Council in May of 2022. The fireworks stand has set up shop in town every year since, and the city permit fee is $250.
In Illinois, residents may obtain a consumer fireworks display permit by attending training conducted at a designated local governmental agency, usually the fire department. Residents also need to apply for a site inspection by the fire department and download and fill out a pyrotechnics license application from the Illinois State Fire Marshal’s Office. The form must be submitted to the OSFM, along with a licensing fee. Locally, it works the same way, and residents can apply through the city for a display permit.
Obtaining that permit will allow consumers to purchase fireworks from a permitted retailer or distributor. Large public displays, such as Kewanee’s fireworks show and Cernovich’s fireworks display, are conducted by individuals that hold such display permits with the city, said Bradley. Only two display permits have been issued in Kewanee this year, Bradley said.
On Tuesday, three sales representatives and a supervisor from the Kewanee stand told The Kewanee Voice that they were operating the stand legally and were inspected by the local police and fire departments. The stand also has a permit from both the city and the OSFM.
The company’s representatives declined to answer if they were only selling fireworks to people with consumer fireworks display permits, instead reiterating that their business was conducted legally.
But in a memo from Keith Edwards to the city council and the mayor dated April 20, 2022, Edwards wrote that he had inquired to the fireworks distributor wishing to sell fireworks in Kewanee about their procedures at the point of sale. “They stated that they don’t ask to see customer’s ‘display permit,’” Edwards wrote.
Bradley said that in the case of most retail stores and businesses, especially those that sell restricted items such as alcohol and cigarettes, the city government’s job isn’t to look over their shoulders.
“There are a number of businesses in town and we don’t police who they sell to,” he said, noting that the business can have its permit taken away by the state if they break the law, which would result in the city revoking the permit as well.
“If they choose not to comply (with the law), that’s a decision they are making,” said Bradley.
For residents who bought or plan to purchase fireworks, it’s a good idea to think twice about lighting them. Violating the PUA can result in jail time and a fine of up to $2500.
Although city officials typically look the other way when residents light off fireworks around July 4, the use of fireworks within city limits is controversial.
Opponents of fireworks and large displays argue that the noise is a nuisance and detrimental to pets and wildlife, causing them undue stress. Fireworks can also pose a fire hazard. The latest 2021 figures by the National Fire Protection Association estimated that fireworks sparked 12,264 fires that caused $59 million in direct property damage.
And injuries from fireworks continue to rise. According to the latest report from the Consumer Product Safety Commission, between 2007 and 2022, there were 162 fireworks-related deaths in the U.S, or 10.1 deaths a year. An estimated 10,200 people were hospitalized with fireworks-related injuries, and 7,400 of those injuries came within a one-month period between June 17 and July 17. The leading age group for those injuries were people between the ages of 25-44.
Kewanee Police Chief Stephen Kijanowski said the police understand that people want to celebrate during the holiday, but he cautions residents.
“It’s illegal to light off fireworks, but we understand that it’s the Fourth of July and people want to celebrate. But be respectful of your neighbors and remember it’s illegal and our officers can cite you under state law or city ordinance,” the chief said.
Bradley said he agreed with the chief’s statement.
“It’s 100% accurate,” the city manager said.
