June 28, 2024

Windham’s fireworks ordinance requires users to obtain burn permit

By Ed Pierce

Since 2016, the Town of Windham has had a fireworks ordinance in place, and it mandates rules to be followed for both commercial and residential use of fireworks.

Windham's fireworks ordinance requires users to obtain a
burn permit and lists the only days this summer, July 3
and July 4, that consumer fireworks may be discharged 
within the town. COURTESY PHOTO   
Under provisions of the fireworks ordinance, a burn permit must be obtained from the Windham Fire-Rescue Department for anyone wishing to use, display, or discharge consumer fireworks. An individual may use consumer fireworks only on their own property or on the property of a person in Windham who has consented, in writing, to the use of consumer fireworks there.

Members of the Windham Town Council enacted the ordinance citing fire safety protection and to prohibit fireworks use at all hours of the day and night while also standardizing which types of fireworks can be used in the town.

Using fireworks is very dangerous, there are no specifics based on the ordinance,” said Chief Brent Libby of the Windham Fire-Rescue Department. “Over the years Windham has had injuries and fires on decks, structures and woods as a result of the use of fireworks.”

Libby said the ordinance lists the days and times when fireworks may be set off in Windham.

“It is important to note that fireworks require a burn permit and is contingent on the fire danger,” Libby said. A permit can be obtained by going to https://www.windhammaine.us/193/Open-BurningBurnFireworks-Permits

He said that when completing the burn permit indicate a residential permit, in the “burn location on the property field” and to indicate specifically it’s for fireworks and where they will be set off from. In the “type of items to burn” indicate “grass less than one acre.”

According to Libby, the Windham Fireworks Ordinance requires that fireworks are to be used between noon and 10 p.m. July 3 and until 11 p.m. on July 4. Fireworks that are discharged must be a minimum of 150 feet from a building or structure and may only be used on property owned or with consent in writing from the owner.

Violations of the ordinance can result in a civil fine of not less than $200 nor more than $400, plus public safety response costs.

The town’s fireworks ordinance was created based upon recommendations from the Office of State Fire Marshal, the Maine Forest Service, and the Town of Windham.

Under the ordinance, Helicopters, Aerial Spinners, Skyrockets, Bottle Rockets, and Missile-Type Rockets are prohibited by a State Fire Marshal rule and all users, and those in possession of consumer fireworks must be 21 years of age.

Recommended practices for fireworks outlined in the ordinance include:

• Setting off fireworks outdoors in a clear area, away from houses, dry leaves, or grass and other flammable materials.

• Keeping a bucket of water nearby for emergencies, do not handle fireworks that fail to go off. Using a long-handled shovel to scoop up the firework and immerse it in a bucket of water.

• Do not try to relight or handle malfunctioning fireworks. Soak them with water and throw them away.

• Be sure other people, children and pets are out of range before lighting fireworks.

• Never light fireworks in a container, especially a glass or metal container.

• Keep unused fireworks away from firing areas.

• Always use fireworks according to the manufacturer’s directions and guidelines.

• Always use eye, ear, and hand personal protective equipment when discharging fireworks.

• Never have any portion of your body directly over a firework while lighting it.

• When the use of fireworks is over, continue to watch the area of use to be sure that all fireworks debris is out and not smoldering or hot.

• Search all areas adjacent to and downwind of the fireworks ignition site looking for hot or smoldering debris. Scan the tree canopy, as well as the ground. If a wildfire occurs as a result of negligence, then you may be responsible for fire suppression costs.

• In case of an emergency, dial 911. <

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