Burn Bans

We’re in the midst of a major drought in Indiana, The Fourth of July is only a few days away and burn bans are in place for the vast majority of the state. Some areas have even enacted fireworks bans, but with current state laws is this even enforceable?

First, let’s take a look at what the current Marion County Burn Ban entails:

Indianapolis Fire Department Chief Brian Sanford has issued a burn ban for Marion County effective immediately. This order prohibiting open burning is in effect for all Cities, Towns and Townships in the fire special service district of Marion County, as defined by Section 111-3 of the Revised Code of the Consolidated City and County, and such other territory where the Indianapolis Fire Department provides fire protection services as provided by law. This prohibition includes, but is not limited to, any open burning, comfort fires, camp fires, agricultural burning or similar legal fires. This prohibition does not apply to outdoor grilling or fireworks, although extreme caution should be used in such situations.

The recently issued Burn Ban by IFD Chief Brian Sanford is intended for the IFD Fire Service Protection District. It does not include those areas outside the IFD Fire Service Protection District of Decatur Township, Pike Township, Wayne Township, Beech Grove, Speedway and City of Lawrence.

In addition, the town of Speedway, pursuant to Indiana Fire Code 307.1.1, issues a prohibition on all open burning at any time by any person in any place in the Town of Speedway where the Speedway Fire Department provides fire protection services as provided by law is hereby in effect.

This order prohibiting open burning is in effect for the Town of Speedway. This prohibition includes, but is not limited to, any open burning, comfort fires, camp fires, agricultural burning or similar legal fires. This prohibition does not apply to outdoor grilling or fireworks, although extreme caution should be used in such situations.

Via the statewide burn ban map: http://www.in.gov/dhs/files/burn-ban/ updated on 6/28/2012 14:16. Emphasis mine.

Based on this update, you’re free to set your fireworks off under the normal state fireworks laws, unless of course some other county wide update is made.

AND, to throw a wrench into things, Indianapolis Mayor Greg Ballard announced an Indianapolis fireworks ban this morning:

I just issued a local disaster emergency declaration for #Indy & Marion County & signed Executive Order banning personal fireworks displays.

— Mayor Greg Ballard (@MayorBallard) June 30, 2012

And then he announced how to report people for using fireworks.

To report the use of personal fireworks during the ban, please call (317) 327-3811. Please use 911 for emergencies.

— Mayor Greg Ballard (@MayorBallard) June 30, 2012

So can you or can’t you use fireworks in Indianapolis?

Restricting The Use of Fireworks

Via the Indiana Department of Homeland Security, here is the explanation of fireworks restrictions:

The use of fireworks is NOT covered under the “open burning” provisions of Section 307.1.1 of the Fire Code. In other words, issuing a burn ban does NOT prohibit or restrict fireworks use in your jurisdiction.

Indiana Code 22-11-14-10.5* prevents local ordinances from prohibiting the use of fireworks

(A) between the hours of 5:00 p.m. and two (2) hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9;

(B) between the hours of 10:00 a.m. and 12:00 midnight on July 4.

However, local fire departments and legislative bodies can certainly appeal to their constituents to voluntarily refrain from using fireworks during these times.

Local ordinances can prohibit the use of fireworks on the other days of the year.

Bottom line, the use of fireworks from June 29th-July 9th is legal under current state laws.

My Take On The Burn Ban & Fireworks Safety

As much as I hate the burn ban, I totally understand why it is in place. I would hate my house to burn to the ground because my neighbor can’t seem to contain an open flame or throws their cigarette butts in the yard. (Is that covered under the burn ban too?)

As far as fireworks go, it really doesn’t matter what I think. I’m not a lawyer, but the law seems pretty clear to me unless slapping “EMERGENCY” on it trumps everything.  I think the best they could do is charge you with negligence, which, let’s be honest, should probably be dished out to some people every Fourth of July.

But I’ll tell you what I think anyway.

I hate the idea of the government trying to tell me that I can’t light sparklers and fountains (and some more elaborate pieces) with my kids on the Fourth of July. But as with the burn ban, I do understand why they want to.

On a normal, wet, sticky and humid Fourth of July someone always manages to burn down a house and set things on fire that should not be on fire. The dry grass and brush can only amplify those situations.

But do I think they should be attempting to ban the use of fireworks? Based on the current laws, absolutely not. If they want the authority to enact fireworks bans, the laws need to be re-written.

When it comes to the personal use of fireworks this year, that’s your call, but I’m not going to tell you to do it or not do it.  If you do go for it, as always, BE SAFE!

As for me and my house, we have FIVE police officers who live on our block, so if we’re home we’ll just have to play it by ear. But as the Scouts do, I’m prepared.

*Indiana Code 22-11-14-10.5

“Use” defined; adoption of ordinance by county or municipality concerning use of consumer fireworks
 Sec. 10.5. (a) As used in this section, the term “use” means the ability of a county or municipality to regulate the days and hours when consumer fireworks may be used, ignited, or discharged.
(b) Notwithstanding any other provision of this chapter:
(1) a county may adopt an ordinance concerning the use of consumer fireworks in the unincorporated areas of the county; and
(2) a municipality may adopt an ordinance concerning the use of consumer fireworks within the corporate limits of the municipality.
(c) An ordinance adopted under this section:
(1) may limit the use of consumer fireworks in the county or municipality;
(2) may not be more lenient than a rule adopted by a state agency concerning the use of fireworks; and
(3) may not limit the use of consumer fireworks:
(A) between the hours of 5:00 p.m. and two (2) hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9;
(B) between the hours of 10:00 a.m. and 12:00 midnight on July 4; and
(C) between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.