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After someone complained about a fireworks display at a wedding held at Lansing's John Joseph Inn this summer, the town was visited by the New York State Department of Labor.  A new state law that came into effect at the beginning of this year requires municipalities that allow fireworks within their borders are now required to issue permits when a qualified application is submitted. 

"This is a new law that came into effect at the first of the year that nobody really knew about," says Lansing Engineering and Planning Coordinator Jeff Overstrom.  "Prior to this the pyrotechnician checked in with the Sheriff's department and the fire department to make sure they met all the public safety requirements.  They would check his qualifications, and away they would go.  Up until now if anyone called here to ask, that's what I'd tell them."

The 2009 law requires pyrotechnic operators to be at least 18 years old, trained in the performance of the tasks to be assigned, and, educated with regard to safety hazards in order to be certified.  It also added new safety regulations, and increased the minimum bond or insurance amount from $5,000 to $1,000,000.  While it put the responsibility for state overseeing of fireworks regulations on the Department of Labor, it also required municipalities that choose to allow firework displays to issue permits.

That represents another unfunded state mandate, putting the responsibility for permitting and enforcement on local authorities.  By adopting the state version of the law a generic permit can be used, and town officials say they think it will relieve the Town's responsibility for enforcement.  But Overstrom says he will be minimally responsible for reviewing applications and issuing permits to qualified applicants, and following up with a site visit to make sure the installation complies with the approved site plan.

Lansing is not the only municipality that was confused about the law.  Last July the State Attorney General issued an opinion to the Town of Glenville last July after the town attorney requested a clarification.  The opinion stated that the law explicitly authorizes municipalities to issue permits when qualified applications are submitted.  Overstrom says he is still seeking a clarification on whether he is an authorized permitting authority, or whether applications must be reviewed by the Department of Labor before he may issue a permit.

There is some urgency, because another wedding party at the John Joseph Inn wants to have fireworks at the ceremony.  To expedite that town officials have informed the applicant that he must fill out a copy of the sample application provided by the State.  Meanwhile the Town Board scheduled a public hearing as part of the the September 15th Town board meeting to consider adopting the law, and presumedly pass the law if there is no public objection.

The law will mirror the generic state version, which regulates manufacture, ownership, possession, storage, use, transportation, purchase, sale, or gift of explosives and pyrotechnics; defines terms, prohibits use and the possession of fireworks, except when permitted, establishes a Town permit and procedures, and sets fines and penalties for criminal and civil enforcement.  An environmental review will also be voted on by the Town board.

Public displays, such as the annual fireworks at the Lansing Volunteer Fire Department carnival, or a potential display at next year's Lansing harbor Festival will also be subject to the law.

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