WINDHAM – The Windham Town Council Tuesday night enacted a 90-day moratorium on the sale and use of fireworks to allow itself more time to consider implications of a new state law.

The law allowing the possession, sale and use of fireworks kicks in Jan. 1. Windham’s moratorium began Tuesday, Dec. 27.

According to state law, a town can enact a moratorium for a maximum of 180 days. Windham’s moratorium will allow municipal leaders more time to debate where fireworks could be used or sold, if at all, and it also helps potential fireworks dealers who may want to open a fireworks store in Windham, as Town Manager Tony Plante pointed out during the meeting.

“The council still, as a body, has not had an opportunity to discuss and consider the various issues related to fireworks,” Plante said. “This (moratorium) creates some space for the council to do that.

“But it also, hopefully, prevents anybody from making plans and making investments when the issue is still up in the air. It wouldn’t be right for somebody to go out and make an investment in a business, or start making plans, when the town’s intent is not yet clear. They may end up making commitments that later on would cost them money and not result in a viable business.”

While Councilor David Nadeau supported a motion for a 180-day moratorium that failed 4-1, councilors, including Nadeau, voted 5-0 to support the 90-day moratorium.

Many communities in the area have instituted some sort of ban, including Portland (which did so Sept. 19), South Portland (Oct. 17), North Yarmouth (Oct. 18), Cape Elizabeth (Nov. 14) and Falmouth (Nov. 14). Westbrook voted Dec. 5 to permit sale and use, but puts a restriction on where fireworks can be sold. Scarborough will allow the sale and use of fireworks for now. Two companies – Ohio-based Phantom Fireworks and TNT Fireworks of Alabama – have reportedly expressed interest in opening stores in Scarborough.

The new state law says consumer fireworks may be shot off on private property any day of the year from 9 a.m. to 10 p.m., except on July 4 and Dec. 31, when use is permitted until 12:30 the following morning. What has been decriminalized in Maine are small explosives only, not to include “missile” products, such as bottle rockets, skyrockets and aerial spinners.

Windham councilors debated a range of 30 days to 180 days for the moratorium Tuesday night, eventually settling on 90 days, which they agreed would give enough time for review by the Planning Board, which also needs to vote on the ordinance. The council, however, has the final say on how and where fireworks would be sold in the town. The new state law, which passed last June, also gives town leaders the ability to ban the sale and use of fireworks altogether. Councilors focused their discussion Tuesday night on the moratorium, not their views on fireworks.

“I think 180 days is too many myself,” Chairman Scott Hayman said. “I think 30 is probably too quick with the proper procedure. We need to send a plan to the Planning Board. They have to have a public hearing, vote on it, and send it back to us. We have to have a public hearing and vote on it. So, you’re talking a minimum of a month just to get the ping-pong ball that way and back to us.”

Several parties in Windham government outside of the council have expressed concern about the sale of fireworks in town. The Land Use Ordinance Committee recommended a ban. Fire Chief Charles Hammond recommends a ban as well.

“I have gone before the Land Use Ordinance Committee and provided them with information that I do not support the sale of fireworks in Windham, nor do I support the use of fireworks in Windham,” Hammond said when contacted Wednesday.

Hammond said in his 41 years at the Windham Fire Department he has witnessed injuries and residential fires resulting from the use of fireworks.

“I don’t think it would be appropriate for me to advocate for things that are going to burn homes down or injure people,” Hammond said.

The council is expected to discuss the fireworks ordinance at its next meeting, Jan 10, with the chiefs of police and fire in attendance.