Saratoga County plans to approve sparkler sales

Saratoga County is wasting no time in letting residents take advantage of a new state law that allows the sale of small novelty fireworks like sparklers a few times a year.

They could be available for purchase in time for this year’s Fourth of July celebration, the first time state law will allow them.

The county Board of Supervisors’ Law and Finance Committee on Wednesday scheduled a public hearing Feb. 11 on a local law allowing sparkler sales in Ballston Spa, with the board then likely to act later that month.

“The [state] legislation allows sale of these devices in counties where it’s allowed by local law,” said County Administrator Spencer Hellwig.

Under the law, which applies only outside New York City, the sale of sparklers would be allowed each year between June 1 and July 5 and between Dec. 26 and Jan. 2.

Gov. Andrew Cuomo in November signed the law — the first break in decades on New York’s total ban on firework sales to the public.

The law allows the sale of small fireworks like sparklers and toy caps during the specified periods each year. State law has treated them the same as the “dangerous” pyrotechnics used to celebrate the Fourth of July and other occasions, which are handled by state-licensed technicians.

The new law authorizes their sale — to adults only — in counties and cities that pass local laws allowing such sales, as Saratoga County now plans to do.

In approving the legislation, Cuomo directed state agencies to develop regulations before the law can take effect, and those regulations are still being developed. The Office of Fire Prevention and Control will oversee sales.

“The safe implementation of this bill’s provisions is a priority of this administration,” Cuomo said in his approval message in November.

The law was sponsored by Assembly Majority Leader Joseph Morelle, D-Rochester, and state Sen. Michael Nozzolio, R-Seneca Falls, who have pushed the legislation for years. Cuomo had vetoed two earlier versions of the law, citing safety concerns, and the sponsors then made modifications. New York City leaders had opposed the law.

Backers argued there are few arrests being made for illegal fireworks because the law was vague, and making small items legal will allow police to focus on the larger, more dangerous fireworks when enforcing the law.

“By modernizing the statute and clearly defining fireworks, dangerous fireworks and novelty devices, the bill will provide law enforcement with an important tool in reducing the use of illegal fireworks and homemade devices and encouraging the use of safe and legally regulated novelty devices,” the bill states.

Morelle also argued it’s a case of commonsense regulatory reform, with some economic benefit.

“This is a matter of trusting our citizens to be responsible for their own actions and for the safety of others,” he said when the bill passed the state Assembly last June. “We should not prohibit a popular activity simply because of the possibility of reckless behavior, and this is especially the case with respect to these low-risk sparkling devices.”

The items will be sold by local vendors.

“This is a small but important example of how reducing regulation in a commonsense fashion is good for our economy,” Morelle said.

New York has been one of only four states to ban the sale of all fireworks. Two of the others are neighboring states, Massachusetts and New Jersey.

Among other neighboring states, sparkler-type fireworks are legally sold in Vermont, Connecticut and Pennsylvania.

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