Fireworks vendors say new rules are duds

New county regulations drive one family business out of town

A new set of safety regulations is snuffing out at least one Douglas County fireworks business, while pushing another to plan a move from its familiar stand of more than a half-century.

The new safety rules, approved by Douglas County commissioners in March, proved to be too much this year for Brian Kelly, who last year ran Wholesale Fireworks tents along the south side of 31st Street, just east of the curve onto Kasold Drive.

The new rules would have forced the tents to be moved farther from nearby homes, Kelly said. The change was enough to convince him and his dad, Bob Kelly, to drop the operation that last year generated $9,000 in sales July 2, 3 and 4.

“It was too much of a hassle,” said Kansas City area resident Brian Kelly, who plans to focus this year on a family stand in Topeka. “We didn’t want to mess with it right now.”

Jim Pine, co-owner of Pine’s Fireworks, said this year would be the last for the family’s wooden fireworks stand at Teepee Junction, just east of the intersection of U.S. Highways 56 and 24-40 north of Lawrence.

The business isn’t going anywhere – Pines have been selling pyrotechnics off the wooden shelves for more than 50 years – but next year’s operation will be running under a fire-retardant tent, in compliance with the county’s new rules.

The 108-foot-long wooden counter, stretching east to west on a gravel parking lot, will be relegated to history.

“They’ll let us get by with it this year,” said Pine, who co-owns the business with brothers Marvin and Jerry. “This year will be the last for the old-fashioned, belly-up-to-the-bar fireworks stand, which is a shame.”

Bob Johnson, a Douglas County commissioner, said that the fireworks rules were intended to protect the public’s health, safety and welfare.

Austin Noll shopped last year at Pine's Fireworks near Teepee Junction. This year will be the last for the wooden stand, which will be replaced with a fire-retardant tent.

Under at least one tent last year, he said, county officials found electrical extension cords that were submerged in standing water, in areas where customers were shopping for firecrackers, fountains and other traditional fare.

“Our motivation is just that: safety,” said Johnson, who is chairman of Charlton Manley Insurance. “Good grief – if somebody were to get hurt, we’d all say it was pretty stupid. :

“We need to do everything we possibly can to avoid serious injury.”

Vendors have until Monday to secure permits to sell fireworks in rural areas of Douglas County. So far, 12 permits have been issued for sales July 2, 3 and 4; last year there were permits issued for fireworks sales at 15 locations.

Gary Bartz, co-owner of Bartz Brothers Fireworks and leader of the Douglas County Fireworks Assn., said that the new regulations continued a troubling trend of government officials looking to unnecessarily tighten regulations.

But there is hope, he said: Members of the Topeka City Council agreed Tuesday to allow use of consumer fireworks in the state’s capital city beginning June 27. The city previously had banned use of firecrackers, Roman candles, rockets and other such products.

Lawrence’s own fireworks ban took effect last year and cost vendors about half of their usual sales, Bartz said. He’s hoping that city commissioners might change their minds and let people use fireworks in town once again.