Schenectady County may snuff out fireworks law

SCHENECTADY COUNTY — Small fireworks like sparklers would again be illegal under a proposal being considered by Schenectady County legislators.

The proposition comes after county leaders faced a boom in complaints about all kinds of fireworks since sparklers were legalized two years ago.

In response, the county Legislature this week set a public hearing for Monday, May 1, on repealing the law, which allows the use of sparklers and other small fireworks during brief periods twice a year: the weeks before the Fourth of July and again before New Year’s Day.

If it repeals the law, the county would become the first in the state to do so. The problem, officials said, is that the public’s use of larger fireworks — which remain illegal — has skyrocketed since the law went into effect, putting a new strain on police, firefighters and emergency responders.

“I think somehow it got muddled down to the public as: Schenectady County passed a law that legalized fireworks in Schenectady County,” said county Legislator Randy M. Pascarella, C-Rotterdam. “It has put a strain on local police agencies. This would return the law to all fireworks being illegal.”

The Schenectady City Council in July passed a resolution calling on the county to repeal the law because of public complaints, but the county has taken no action.

If the county repeals the law, City Council President Leesa Perazzo said she’d be thrilled, because legal and illegal fireworks are a problem in the city.

“For other communities, it may work well, but for Schenectady it has really impacted the quality of life,” she said.

Perazzo said many people seem to think they’re now allowed to use explosive fireworks like M-80s or aerial fireworks, and especially during the 10-day period before the Fourth of July, loud explosions have been a problem in every neighborhood of the city, rattling people, waking up babies
and making dogs bark.

“I had one person call me who said neighbors shot one off at 1 a.m., and another one at 3 a.m,” she said.

Currently, 40 counties outside New York City — where fireworks remain illegal — allow the use of small, ground-based or hand-held pyrotechnics.

That list includes all of the counties in the greater Capital Region.

The state law that took effect in 2015 required counties to pass local laws before sales could take place. Schenectady, Saratoga, Montgomery, Fulton, Schoharie and Rensselaer counties all passed laws in 2015, and Albany County approved a law last May. No other county has repealed its approval, according to a state police database.

In participating counties, many chain stores sell the legal fireworks during the permitted three- or 1 four-week sales periods. It is also common for tent merchants to sell them in gas station or convenience store parking lots. All the vendors must be licensed by the state Office of Fire Prevention and Control.

State records show there are 30 registered sellers in Schenectady County, including Price Chopper, Wal-Mart, Target, CVS and Dollar General stores.

The Fireman’s Association of New York State has always opposed the legalization of even small fireworks and would support any repeal effort, said FASNY spokesman John D’Allesandro.

“We haven’t heard of other counties taking a look back,” D’Allesandro said. “From the perspective of the Fire Association, we think it’s a good thing. The expectations of a bonanza of sales tax revenue haven’t been realized. I think the counties should rethink this.”

He said there have been fires caused by improper disposal of sprinkler ashes, and firefighters are concerned about whether the temporary tent vendors are storing the fireworks in their homes or garages.

“It could be a nightmare, from our perspective,” he said.

Perazzo said Schenectady’s concerns include fire risk, given the city has many neighborhoods where the houses are close together and are of older construction.

There have been complaints about increased use of larger fireworks in other communities, too. After Warren County legalized the fireworks in 2015, there were issues in Lake George, and Mayor Robert Blais complained that the village couldn’t act on its own to ban the devices. Blais wasn’t available for comment Thursday, but a village employee said things were calmer in 2016.

County Legislature Majority Leader Gary E. Hughes, D-Schenectady, said records show there’s been a demonstrable increase in 911 calls about fireworks explosions over the past two years.

“The prudent action, I believe, would be to step back,” he said.

Legislator Brian McGarry, R-Rotterdam, was the only legislator to express reservations, saying he wasn’t sure why the law should be repealed.

“I understand people are complaining about it, but there are finite limits,” he said.

The county Legislature will conduct a public hearing on the repeal at 7 p.m. on May 1 at the county office building on State Street. That could clear the way for board action when it meets on May 9, and the sparklers would again be illegal for the Fourth of July.

Until the state Legislature passed the sparkler law in 2014, New York was one of just four states that prohibited the sale of all pyrotechnic devices.