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Committee advances bill to reclassify low‑risk fireworks after split testimony
Summary
The Business Utility Subcommittee voted to send House Bill 2223 to the full committee after testimony for and against recategorizing certain consumer fireworks and creating a State Fire Marshal retail permit; supporters said it aligns Tennessee with neighboring states and clarifies safety classes, while an opponent warned the change could be used to circumvent local restrictions.
The Business Utility Subcommittee on Monday voted to advance House Bill 2223, which would add a new ‘‘novelties and sparklers’’ class to the state fireworks code and allow local governments to permit the sale of low‑risk ground‑based sparklers and novelty devices if they adopt an ordinance.
Speaker Marsh, the bill sponsor, said the measure creates three categories—sparkling devices, larger aerial devices and novelty items—and directs the State Fire Marshal to issue retail permits to sellers of the newly defined products. ‘‘It balances public safety, regulatory clarity, and free market practices ensuring Tennesseans can safely enjoy low‑risk fireworks and sparking devices year‑round,’’ Marsh said during his explanation to the committee.
Two witnesses testified. Chad Hunt of Crazy Cake Fireworks in Dyersburg opposed the bill, arguing it was drafted to benefit an out‑of‑state wholesale importer and that reclassifying items could be used to ‘‘skirt the law’’ that currently prevents certain devices from being sold in higher‑population counties. ‘‘This bill is designed primarily to only help one company,’’ Hunt said, warning that renaming restricted products would allow them to be sold where they are currently prohibited.
Charles Walker, director of compliance for American Promotional Events (doing business as TNT Fireworks), testified in support, saying the bill aligns Tennessee with industry norms and neighboring states that allow ground‑based fountains and sparklers in retail stores with appropriate permits. ‘‘We believed then, still believe now that these non‑aerial, non‑explosive fountains and sparklers are safe,’’ Walker told the committee and noted the industry’s safety record in states such as Georgia and Kentucky.
Committee members asked whether the bill would preempt local ordinances; Marsh told the panel the bill is permissive and does not override existing local restrictions: it would allow retail sale only in jurisdictions that pass a local ordinance permitting the new category. The proposal also creates a permit requirement from the State Fire Marshal for retailers that would sell the devices.
The committee voted and sent HB2223 to the full committee (vote recorded in the hearing: five ayes, three nays, one present not voting). The bill record includes the witnesses’ statements and the committee’s amendment that made the measure permissive for local governments. The full committee will receive the bill next; no floor action is recorded in this hearing.
