Fire danger is very much on everyone’s mind given the devastating fires we continually hear about in the news.  The fire marshal remains vigilant in analyzing conditions to determine whether a burn ban should be instituted.  However, some may wonder, doesn't a burn ban encompass fireworks? Actually, these are two different statutory regulations, and implementing one, doesn’t automatically put into action the other.

Here is a brief explanation — The Keetch-Byrum Drought Index (KBDI), which measures the moisture in the soil, is the indicator specified in statute (Subchapter D, Section 352.081 of the Local Government Code) that is used to determine whether or not a burn ban is necessary. Comal County officials have determined that the conditions we experience when the KBDI is 500, or more, warrants putting a burn ban in place.

The confusion arises from the fact that a separate statute (Subchapter C. Section 352.051) governs whether or not a fireworks ban can be enacted. To further confuse the issue, cities can make ordinances prohibiting the use and sale of fireworks and counties cannot.  In order for Comal County to ban the sale of restricted fireworks, classified as “skyrockets with sticks and missiles with fins,” the KBDI must be at 575 by June 15th for the 4th of July fireworks season and December 15th for the December fireworks season.

The total ban on the sale, transportation, and use of fireworks can only be enacted by a disaster declaration. These bans can only last 60 hours unless extended by the governor. This has happened a few times in recent years due to the extreme drought conditions that Texas experienced.

Visit the Comal County Fire Marshal’s website for more information on this topic:
http://www.co.comal.tx.us/Fire_Marshal.htm