Proposed Fireworks Amendment

The Heronwood Estates HOA Board received a request to amend the HOA governing documents to ban the discharge of certain fireworks within the Heronwood Estates HOA boundaries.

According to the association’s Covenants, Conditions and Restrictions (CC&Rs), any amendments to the HOA’s governing documents must be done by a vote of the membership.

Specifically under Article XII “General Provisions”, Section 4 “Amendment”, of the CC&Rs it states that 75% of the voting membership must approve any amendments.

With this in mind, the board is presenting the requested amendment to the HOA membership for consideration. The board has listed the full request on the Heronwood Estates HOA website for review. You can find it below). Included is a letter by the requestors stating their reasons for wanting the ban.

In summary, the proposed amendment would prohibit the discharge of certain fireworks within the HOA, including fireworks listed as illegal per the state Fire Marshal’s Office. This means firecrackers, skyrockets, salutes, chasers and bottle rockets would not be allowed. The proposal also requests the ban of other aerial consumer fireworks, including but not limited to helicopters, torpedoes, roman candles or jumping jacks. Effectively, any firework that propels into the sky and poses a public safety risk to the neighborhood, would not be allowed.

Legal non-explosive, non-aerial products like fountains, cones, illuminating torches, wheels, ground spinners, sparklers and other novelty items would still be authorized.

The board will include a ballot in the 2022 annual dues statement, requesting property owners vote on the proposed amendment. Our hope is that everyone will cast their ballot, but for those who do not, the board will follow up to make sure all votes are counted.

Fireworks Amendment Request

The amendment presented herein, to be added to our HOA By Laws if approved by the community, is being proposed for one reason, namely to protect our homes and our neighborhood. This document is being presented with some of the discussions that went into formulating the amendment to give you a better understanding behind it.

We simple ask that you take some time to review the material being presented to you to help you make an informed decision moving forward.

Before you do, we ask all of us to consider this issue, not as a theoretical or political one, but instead about how each of you would respond if this became a real life issue that directly affected you and your family.  Suppose, for example, that your neighbor was being reckless and firing off powerful, aerial fireworks into the dry trees adjacent to your home. This was actually witnessed by several of us this last July 4th. Say the result was that the trees caught on fire and burned down your home. What do you believe would be the appropriate response? Even if you believe in individual’s rights, and their right to using fireworks, would you be okay with losing your home? With freedom and liberties come responsibilities. In this instance, when one acts irresponsibly, we are all put at risk. If there is the potential for people and/or property to be injured or destroyed, then that alone means that individual rights need to be limited. There should be consequences. What do you believe the safety of your home and family are worth? Are they worth the risk of one stray firework?

Summary to Ban the Use of Fireworks in Heronwood Estates

Our weather is getting hotter and drier, making the ignition and rapid spread of fire in our heavily wooded community a serious threat.

On July 4, 2021, some of us witnessed neighbors sending aerial fireworks to the top of our trees. One ember could have set those extremely dry trees ablaze and rapidly spread.

We are proposing a common-sense ban on the most dangerous fireworks in our community to protect our properties and home values.

This proposal would ban only the most dangerous fireworks, such as aerial displays.

These types of fireworks are already illegal to possess, purchase or discharge outside of an Indian Reservation in our state.

For those who wish to watch firework displays, there are numerous options around the area.

Ask yourself this: Is it worth the possible destruction to your property and home and possible burn injuries to your family and neighbors by continuing to allow these types of fireworks?

Background

Over the past many years, the climate within Washington State has been changing. This is especially true on the western side of the Cascades as the area has become drier and has, at times, been within draught conditions. Temperatures have also climbed year over year, with evidence of this past summer’s heat wave and temperatures hitting record highs.

Consequently, it’s become more important than ever that we, as a community, need to consider ways in which to protect ourselves as neighbors as climate conditions continue to change. We have all witnessed fires on this side of the mountains becoming more common, and we don’t want ours to be the next community to burn. To be proactive, the Board is proposing the following amendment to our CCR Use Restrictions.

One stray firework could have dire consequences within Heronwood Estates.  One stray firework could burn down a portion or a large section of the neighborhood.  Our neighborhood is heavily wooded, and that beauty is why we all moved here. With little to no open areas to safely set off fireworks, the risk of allowing any aerial fireworks is too high. Moreover, if any tree or group of trees should catch on fire, it could adversely impact the value of our homes.  In addition, someone’s home could catch on fire as our mayor has witnessed twice due to smoldering fireworks on the roof.  He even asked residents to reconsider using fireworks by writing, “I urge you to consider celebrating this year without the use of fireworks, as the risk of fires is extremely high due to our continuing dry weather and historic heat wave.”

In making this decision, we must also consider the welfare of our veterans or active military personnel who are our neighbors and who may suffer from PTSD, which could be adversely effected by the sound of fireworks. We must also think about our pets and other wildlife and how an endless barrage of explosions affects them.

Washington State already bans the use of most federally, legal, aerial fireworks within the state unless they are possessed, purchased and discharged on Indian Reservations. Use otherwise (off the reservation) is illegal in the State of Washington.

For those who wish to observe large firework displays, there are a number of options. Seattle has a huge fireworks display. We are in close proximity to three large military installations and they often have large 4th of July firework displays, which the public can attend. Finally there are large firework displays at the nation’s capital and around the country that are broadcast on national television. All of these options can be seen without placing our property, homes and families at risk.

We are not proposing to ban the use of ground-based devises, as they can be more easily controlled, should one go astray. They are a lesser threat to our trees and homes as they are more contained and controlled by the user. Of course, if you chose to use these devices, we urge everyone to use caution to protect yourselves and your neighbors.

As you read over this proposed amendment, we hope that you consider all of these issues in making your decision. We need to work together as a community and protect all of our interests and investments with Heronwood Estates.

Thank you.

Proposed Amendment to Article VII – Use Restrictions

At any time within Heronwood Estates, no person, resident or otherwise, shall be allowed to ignite or discharge any firework that is currently illegal (per the Washington State Fire Marshal’s Office) to purchase, possess and discharge outside an Indian Reservation within the State of Washington. This would include firecrackers, skyrockets, salutes, chasers and bottle rockets. In addition, no other aerial consumer fireworks, including, but not limited to, helicopters, torpedoes, roman candles and jumping jacks are allowed to be used. Aerial fireworks are defined as any small or large fireworks that propel effects into the sky from a single mortar tube or several mortar tubes fused together.

Ground-based and hand held devices (that are not currently banned by the State Fire Marshal), which are non-explosive and non-aerial, such as fountains, cones, illuminating torches, wheels, ground spinners, sparklers, flash/strobes and novelty devices including snakes, glow worms, trick noisemakers, party poppers and snappers are allowed.

Failure to comply with these restrictions is subject to actions by the Heronwood Estates HOA Board, as outlined in these By Laws.