11/10/2026
November 10, 2026 | Charleston, West Virginia
On Monday, November 9, Fire Marshals Association of West Virginia (FMAWV) President Bobby Palmer testified before the West Virginia House Government Organization Subcommittee on Local Governments, regarding the use of consumer-grade fireworks at public events and in public spaces.
President Palmer presented fireworks-related injury and fatality statistics from the U.S. Consumer Product Safety Commission (CPSC) and discussed proposed amendments to West Virginia Code §29-3E intended to address a potential gap in public safety protections.
📊 FIREWORKS INJURIES: THE NUMBERS TELL AN IMPORTANT STORY
During his testimony, President Palmer highlighted the following national fireworks-related injury and fatality figures attributed to the CPSC:
2024:
- Approximately 14,700 emergency department-treated injuries
- 11 fireworks-related deaths
2025:
- Approximately 13,000 emergency department-treated injuries
- 15 fireworks-related deaths
Although the estimated number of emergency department-treated injuries declined between 2024 and 2025, the reported number of fatalities increased.
Burn injuries remain the most common type of fireworks-related injury, with significant numbers involving the hands, face, eyes, and head.
These statistics illustrate that fireworks-related injuries and fatalities remain a serious public safety concern and reinforce the importance of proper training, handling procedures, and safety precautions, especially when used in proximity to large crowds of people during a public event.
🎆 PROTECTING PUBLIC SAFETY WITHOUT RESTRICTING PRIVATE FIREWORKS USE
The proposed legislative changes are NOT intended to restrict the lawful purchase, possession, or recreational use of consumer fireworks by private citizens.
Instead, the proposal would establish reasonable safeguards when consumer fireworks are used as part of organized public events or displays where crowds gather.
These proposed safeguards help ensure:
- Appropriate training and qualifications for individuals conducting displays for public events.
- Safety requirements to protect spectators, participants, and surrounding property.
- Insurance provisions to provide liability protection for event organizers and financial protections for individuals who may be injured or damages that occur in the event of an accident
The principle is simple: When fireworks are used for public entertainment, the safety of the public should not depend solely on whether the fireworks are classified as consumer-grade or professional-grade.
🔥 SWORN INDUSTRY TESTIMONY HIGHLIGHTS CRITICAL SAFETY CONCERNS
Also testifying before the committee was David "Pete" Ferrell, Owner of Ferrell Electronics and Pyrotechnics, who brought more than 30 years of professional experience in the pyrotechnics industry to the discussion.
Mr. Ferrell shared firsthand experiences involving fireworks hazards and emphasized the importance of addressing the potential dangers associated with consumer fireworks used at public gatherings.
One particularly important point raised during his testimony concerned the extreme temperatures produced by burning titanium used in certain fireworks effects.
Titanium can burn at approximately 3,800°F to 5,000°F, whether it is used in a 1.3G professional grade firework or a 1.4G consumer grade firework.
The U.S. Department of Transportation's 1.3G and 1.4G classifications address transportation hazards, not the combustion temperatures of the materials contained within fireworks.
While 1.3G fireworks may produce larger or more powerful effects, titanium sparks from 1.4G consumer fireworks can reach similarly extreme temperatures, creating the potential for serious burns, ignition of combustible materials, and other significant fire and life safety hazards.
A consumer fireworks hazard classification does not mean a lower combustion temperature or eliminate the dangers associated with discharging fireworks near crowds of people.
This distinction reinforces the importance of appropriate training, safe separation distances, fallout considerations, and other protective measures whenever fireworks are used for public entertainment.
Professional pyrotechnicians receive specialized training and understand the importance of these safeguards. Individuals purchasing consumer-grade fireworks are not necessarily subject to comparable training or qualification requirements, even when those products are used to entertain large public gatherings.
🤝 BUILDING PARTNERSHIPS, NOT BARRIERS
In addition to the legislative testimony, President Palmer engaged in a positive and productive conversation with the West Virginia Retailers Association.
The FMAWV welcomes this dialogue and looks forward to working collaboratively with the retail fireworks industry to identify practical solutions that protect public safety while respecting the rights of private citizens and the legitimate interests of businesses.
Meaningful improvements to public safety are best accomplished through cooperation, open communication, and the involvement of all stakeholders.
🏛️ MOVING TOWARD A SAFER WEST VIRGINIA
The FMAWV looks forward to continued discussions with members of the West Virginia Legislature, Governor's Office, fireworks retailers, professional pyrotechnicians, and other interested organizations as we work toward a practical solution to this gap in public safety.
Our objective is not to eliminate fireworks celebrations or restrict the lawful recreational activities of West Virginians. Our objective is to ensure that when fireworks are used to entertain the public, appropriate safeguards are in place to protect the people attending those events.
The Fire Marshals Association of West Virginia remains committed to advocating for sound fire and life safety policy, and working collaboratively with policymakers and industry stakeholders.
Fireworks may be temporary, but the consequences of an accident can last a lifetime.
