BIDDEFORD — Fireworks enthusiasts will have more to celebrate than a new year on Jan. 1, 2012 ”“ consumer fireworks will become legal that day.

After final passage in the Legislature in late June, the bill was signed into law by Gov. Paul LePage, with an effective date of Jan. 1.

Since then, some municipalities have scrambled to get local laws on the books, while others have opted for all-out bans and or haven’t done anything at all.

Come Jan. 1, the Maine Fire Marshal’s office will be in charge of licensing those that would like to sell the rockets, Roman candles, fountains and more that are allowed under the new law. Meanwhile, local law enforcement agencies will be charged with implementing any regulations that have been adopted, as well as state regulations.

State Fire Marshal John Dean said in a phone interview earlier this month that while he has concerns, his agency and staff are preparing for the change and speaking with our neighbors in New Hampshire to ready for the switch.

“My concern is that we know in states where laws are more liberal on fireworks, they’ve had more fires and more injuries,” Dean said.

This consequence is unavoidable, he said, but he hopes that the strict rules on selling and use of the explosive items will help negate some of the injuries and fires. Those using fireworks in Maine must be 21 years old, and anyone caught supplying fireworks to minors will face consequences similar to a person providing liquor to minors, Dean said.

Some local officials have more cause for concern in York County, due to the swelling tourist populations in summer and the perception that fireworks are legal statewide.

“People are going to hear that Maine has legalized fireworks, and they’re going to come here and think that they can shoot them off,” said Wells Police Chief Jo-Ann Putnam last week.

In Wells, selectmen have pushed to ban fireworks on the beach due to the town’s significant wildlife habitat management agreements. Due to nesting shore birds, the town has agreements with the Maine Department of Environmental Protection and U.S. Fish and Wildlife to keep the nesting sites protected.

If the agreement were violated by fireworks being exploded near nesting sites, Selectman Robert Foley has said the agreement would be void, and the federal government could take control of the beach and shut it down. If federal officials thought the birds and their nests were in danger, they could close the beach to the public during the time the agreement is in effect: April 1 to Sept. 1 of each year.

One York County community has already banned the sale and use of fireworks.

In November, the Town of Hollis passed a ban on fireworks, which Selectmen Chairman Ben Severance has said may be temporary. The ban was passed to give the town time to decide whether it would like to enact a permanent ban, or a local ordinance outlining how the sale and use of consumer fireworks would be allowed in town.

Other towns that have banned the sale and use of fireworks include: South Portland, North Yarmouth, Freeport, Bangor, Cape Elizabeth, Falmouth, and Yarmouth ”“ with the exception of sparklers.

Although under current law sparklers are allowed, Dean said sparklers are defined as consumer fireworks in the new law, and due to this “unintended consequence” towns that ban the sale and use of consumer fireworks would also be banning sparklers unless specifically noted ”“ as in Yarmouth’s ordinance.

While much of the attention on this new law has been focused on the use of consumer fireworks, the new law also allows the sale of such products, but Dean has warned those who have inquired about selling fireworks that the expense will be great.

The initial fee for a permit to sell fireworks will be $5,000 and $1,500 for each year after. Also, according to Dean, consumer fireworks can only be sold in a permanent, fixed, stand-alone building dedicated solely to the sale of consumer fireworks, and must meet safety specifications.

Local bans, he said, would prohibit stores from opening, but Dean said he is not sure what would happen if a store opened and a ban were to follow. He said towns with bans or ordinances are required to furnish that information to his office so the state is aware of any local laws.

The law states: A person may sell consumer fireworks if that person is 21 years of age or older and possesses a federal permit, state license and municipal permit.

The Maine Fire Marshal’s website encourages those interested in selling fireworks to check with appropriate code officials in the community in which they plan to sell fireworks. The site also says, “It is highly recommended that you consult with an architect prior to building a new consumer fireworks sales facility building or before you remodel another building into a consumer fireworks sales facility to ensure that you are in compliance” with the related statute.

Dean said he has had inquiries from a few national retailers about opening stores, as well as from “regular people,” but because the law does not go into effect for a few more weeks, no inspections have been done nor any licenses issued.

As the law goes into effect, Dean said all he can do is prepare his staff for the change and warn residents and visitors that violations will not be tolerated.

For more information on the law and updates, visit the fire marshal’s website at www.maine.gov/dps/fmo/fireworks.

— City Editor Robyn Burnham can be contacted at 282-1535, Ext. 329 or rburnham@journaltribune.com.