Fireworks company balking at regulations sought by Phoenix

by Lynh Bui - Dec. 11, 2010 06:13 AM

The Arizona Republic

Phoenix and TNT Fireworks still don't completely agree on how the sale and storage of consumer fireworks should be regulated in the city.

This week, the city again delayed passing ordinances that would restrict the sales of certain consumer fireworks recently made legal by a state law that took effect Dec. 1.

Instead, the Phoenix officials approved an agreement to work with the fireworks industry in the next legislative session to modify state law before attempting to change city policy.

But, it's unclear if TNT Fireworks will sign off on the agreement or sue the city over plans to regulate the sales of certain consumer fireworks.

The memorandum of understanding the council approved Wednesday says the fireworks industry will limit sales of consumer fireworks in Phoenix from Dec. 20 to Jan. 1 based on certain permitting and zoning limitations. The agreement is designed to give the city and the fireworks industry time to seek state legislation that would allow cities and towns to develop formal ordinances to "reasonably zone land for the sale and storage of permissible fireworks."

The City Council approved the agreement 7-2. Mayor Phil Gordon, Vice Mayor Michael Nowakowski and council members Bill Gates, Michael Johnson, Claude Mattox, Peggy Neely and Tom Simplot voted for it. Sal DiCiccio and Thelda Williams dissented.

Three companies, Alamo Fireworks Inc., Phantom Fireworks and Winco Fireworks of Utah, submitted letters to the city saying they support the agreement.

But representatives for TNT Fireworks had concerns over certain provisions of the memorandum of understanding, including stipulations that would require:

- Sales in buildings with sprinklers.

- A $135 permit for temporary sales.

- A $540 fee for fire department inspections.

- Fireworks retailers to be a quarter of a mile a way from any other fireworks seller.

Mike Williams, a representative with TNT Fireworks, said the inspection fee is too expensive and the spacing requirements don't make sense.

"Their requirement is 1,350 feet between fireworks sellers, but in the state law, when you zone a bar, you have to be a minimum of 1,000 feet between a church or school," Williams said. "It doesn't make a whole lot of sense."

Phoenix has been considering restrictions and zoning regulations that would regulate how consumer fireworks are sold, displayed and stored. The city has considered banning fireworks sales in outdoor tents, requiring permits and inspections and other zoning restrictions to address concerns about fire safety and keep sales out of residential areas.

"They do burn very rapidly and very violently," Assistant Fire Chief and Fire Marshal Bobby Ruiz said.

Alan Stephenson, a principal planner in Phoenix, said other businesses in the city are subject to zoning restrictions and are required to pay permitting fees. He argues the fireworks industry shouldn't be an exception.

"The industry contention is we're charging too much to stifle them from the tents allowed, but we're just applying the same fees to their industry as we do for everything else," Stephenson said. "If we don't charge the fees, the industry gets an unfair advantage."

But it is unclear whether the city and the fireworks industry would be successful in finding sponsorship of a bill and if the legislation would be in effect before Independence Day, the next big sales season outside of the New Year's holiday. The agreement approved earlier this week doesn't address the July 4 holiday and what fireworks retailers and the city would about sales during that time period.

Williams said the company has concerns over some of the changes the city wants made to the current consumer fireworks legislation, including one that would raise the age people would be able to buy or sell fireworks to 18, from 16.

"Would we like to come up with some modifications to state law that provide win-wins but not every city may sign off on what we want," Williams said.