This summer, West Virginians will be able to legally buy consumer fireworks, such as bottle rockets and Roman candles.
But some Charleston officials are worried about not only the public safety risks higher grade fireworks pose, but also the challenge of enforcing potential laws to prohibit their use in the city.
Legislators passed House Bill 2852, which makes it legal to sell and buy such fireworks, without a single dissenting vote this year.
Consumer fireworks, defined as "small fireworks devices designed to produce visible effects by combustion," are categorized by the Code of Federal Regulations as a "Division 1.3 explosive."
Charleston Fire Department Capt. Mike Shank is among those concerned that the sale of those devices in city limits will make it nearly impossible to regulate where they're used.
"What they're allowing are 1.3 [explosives], which [have] a substantial amount of combustible material. What you'd see at Live on the Levee or the Power Park, those are 1.4 [explosives]," Shank said.
While they can't pass a law prohibiting the sale of consumer fireworks, Charleston leaders could approve an ordinance that would make it illegal to use them within city limits.
But that would leave the city with the burden of enforcing such a law.
"The problem with banning them is you have to have the codes in place, and you also have to enforce it, which is what we're running into now," Shank said.
Currently, the only mention of firework regulation in city code is outlined among the various powers of City Council.
Council has the authority "to regulate, restrain or prohibit the use of firecrackers or other explosives or fireworks, and all noises or performances which may be dangerous, indecent or annoying to persons or tend to frighten horses or other animals," according to city code.
"Our code is a little bit outdated [and] not prepared for this legislation," Shank said.
Mayor Danny Jones' biggest issue with the legislation is the city's inability to prevent people from setting off fireworks.
"It'll be impossible to regulate. I don't think there was any thought given to urban areas where houses are close together," Jones said.
Shank said consumer fireworks are "absolutely" more likely to start fires than devices that were already legal.
But it's not just the risk of fire that concerns officials.
Some residents can't discern the sound of fireworks from gunshots, Jones said, which creates the risk of removing police officers from their posts to investigate such reports.
"Any fireworks [that we found] out were set off, we would find out after the fact," Jones said. "Then can't do anything about it, so the city becomes the problem."
While he doesn't think a municipal law banning the use of consumer fireworks would be particularly effective, Jones said he would still be open to it.
"I think Council will want to do something about it," he said.
The State Fire Marshal's office has put a Frequently Asked Questions page on its website outlining exactly what fireworks are permitted, prohibited conduct when using them and safety tips users should know.
"We just needed to have the mechanisms, resources and ability to share with the public, encouraging safe use and making sure there weren't illegal devices sold in the state," State Fire Marshal Kenneth Tyree said.
The law states all retailers of consumer fireworks are required to get a consumer fireworks certificate from the office and pay a fee of $500 for each temporary sales location and $1,000 for each permanent sales location.
In addition to sales tax, a 12-percent fireworks safety fee is levied on all sales of consumer fireworks.
Seventy-five percent of those proceeds must go toward the Veterans' Facility Support Fund, managed by the State Treasury.
The remaining 25 percent must be deposited into a designated Fire Protection Fund, which is meant to benefit volunteer fire departments around the state.
Lawrence Messina, spokesman for the state Department of Military Affairs and Public Safety, said similar fireworks bills have been introduced in past legislative sessions. Those bills never passed, Messina said, due at least in part to lawmakers' inability to agree on where the money generated should go.
"The discussion featured some back and forth about what revenue should be derived from fireworks and who should benefit," Messina said. "A lot of the debate in previous sessions had more to do with who would get revenue from fireworks [sales]."
Reach Elaina Sauber at elaina.sauber@wvgazettemail.com, 304-348-3051 or follow @ElainaSauber on Twitter.