Fireworks vendors lit up about decision

Business owners claim huge losses during statewide fire ban

By JOEL DAVIDSON-Frontiersman reporter

HOUSTON -- Fireworks vendors in the Houston area opened back up for business Thursday, after the state lifted a three-week ban on the sale of fireworks across much of the state.

The ban on the sale and use of all fireworks had been in place since July 2, making this summer an extremely tough year for the fireworks business.

Robert Hall, who owns a prominent Alaska fireworks stand, Gorilla Fireworks, said he is frustrated about the reasons behind the statewide ban.

"We were expecting a big year this year," Hall said, "The conditions were almost ideal [for fireworks] with the wet ground at night, cooling temperatures and high humidity."

On July 2, at the start of Hall's busiest time of year, Tom Irwin, the commissioner of the Alaska Department of Natural Resources, proclaimed "extreme fire danger" over most of the state, including every area on the road system from Anchorage to Fairbanks.

DNR's commissioner had never before made a proclamation of "extreme fire danger" over such a vast area of the state, according to information from the department. Normally, those duties go to the state forester, who makes the decision, region by region, based on a number of fire hazard issues, including temperature, humidity, moisture content of the ground and many other environmental factors.

Hall said Alaska State Troopers drove out to his Houston Gorilla Fireworks stands, in the rain, on July 2 and hand-delivered a piece of paper from the state fire marshal's office, stating that fireworks sales were banned, statewide.

Assistant State Fire Marshal Kelly Nicolello said the fireworks ban was partly a result of a concern that people would buy fireworks in Houston and then take them up north where fire dangers were extreme.

A fireworks ban is only possible, according to Alaska state law, when the DNR declares the wild-fire dangers to be "extreme" in the specific area where the fireworks ban is declared. When Irwin declared the whole state to be at extreme fire danger levels, that opened the door for the state fire marshal to ban fireworks statewide.

Hall's frustrations stem from the fact that the state forestry division issued a fire advisory level of "moderate" for the Mat-Su area on July 3 and posted it on the fire danger sign right in front of his fireworks stands in Houston.

Pete Buist, fire information officer for the Alaska Interagency Coordination Center, said information about fire danger levels, issued by the forestry division, is based on specific fire considerations from the Canadian Forest Fire Danger Rating System.

Irwin's declaration, however, was based on "preparedness levels" rather than specific fire hazards, according to Buist. Buist said inadequate fire-fighting staff can be reason for issuing an "extreme fire danger" declaration.

Buist said the commissioner's declaration about the statewide "extreme fire danger" was partly due to the serious fire threat statewide and the fact that many areas were not fully staffed with firefighters because so many were called up north to help with fires in Interior Alaska.

Preparedness levels are gauged on whether certain regions have adequate crews, people and equipment to fight potential and ongoing fires. According to Fire Information Officer Shannon Iverson, from the Alaska Interagency Coordination Center, the Mat-Su Borough had a total of 98 firefighting personnel, from multiple state and local agencies, working on fires in Interior Alaska.

In his July 2 declaration, Irwin wrote, "Fire activity in Interior Alaska has required the commitment of extensive resources from all regions and all state, federal and local fire suppression agencies along the road system. Historically the 4th of July weekend has resulted in numerous human -caused fire starts statewide."

According to state law, now that the extreme fire danger notice is lifted, the state fire marshal had to lift the fireworks ban.

Assistant State Fire Marshal Kelly Nicolello said lifting of the burn bans did not necessarily mean that Irwin's declaration of "extreme fire danger" had rescinded. Nicolello said he needed to hear from DNR about the statewide fire danger status before the fire marshal's office would lift the fireworks ban.

As long as the extreme fire danger notice was in effect, the state fire marshal upheld the fireworks ban, so as not to undermine Irwin's proclamation. "It's confusing, I know," Nicolello said, "especially for the firefighters."

After 20 days waiting and hoping for the ban to lift, fireworks vendors are now free to resume business. Hall is frustrated that the ban ever took place at all in Houston, especially as he watched rain splash against his fireworks stand the last few days and people in the Mat-Su light campfires and burn trash in burn barrels.

"If the fire danger was moderate out here, why did they say it was extreme?" Hall asked.

Hall and fellow fireworks vendor, Jerry Mignano, of Jerry's Fireworks, have already lost more than half their yearly sales, and as the summer slips away, the chance to sell overabundant stockpiles of merchandise slips away with it.

"We don't mind being closed if that's what's supposed to happen," Hall said. "We know we're in a weather-sensitive business. What burns us is inconsistency in applying the law.

"We could have had Noah's flood and they would still close us down. The decision wasn't based on scientific research. It was based on politics and emotion," Hall said.

Contact Joel Davidson at joel.davidson@frontiersman.com.