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State Fire Marshal staff bust illegal fireworks sellers in two counties

The West Virginia State Fire Marshal’s Office recently shut down two illegal fireworks operations in Chapmanville and Barboursville, citing individuals for lacking permits and seizing fireworks to be auctioned by authorities.
A photo from the Chapmanville scene provided by the WV State Fire Marshal's Office.

In the past six weeks, two incidents of illegal storage and sales of consumer grade fireworks have been found. In Chapmanville, a man selling fireworks without a lawful permit was cited by a member of the West Virginia State Fire Marshal Office and had the illegal operation shut down. Another illegal operation at a warehouse in Cabell County in late May was also discovered.

In the Logan County incident on June 28th, an anonymous tip concerning a person selling fireworks at a roadside display in Chapmanville was investigated by Assistant Fire Marshal B.C. Palmer.

He found Nick L. Harvey, 48 years-old, of Kingsport, Tennessee, selling consumer-grade fireworks and novelty products. It was determined by the WVSFMO inspector that Harvey did not possess the required permits and certificates issued by the WV State Fire Marshal’s Office that all fireworks vendors in the state are required to have to operate within the state. In addition, the site did not meet any of the site safety requirements required by law.

Harvey was given four citations for general unlawful acts, transportation of fireworks, no novelty registration and no consumer fireworks registration. Harvey is set to appear before the Logan County magistrate at an unspecified time to answer the charges.

On May 22, in the Town of Barboursville, Cabell County, other members of the agency received a tip that an illegal fireworks operation was being carried out in a warehouse in the town. Two Assistant Fire Marshals, E. A. Chapman and T. S. Chastain responded to the scene and encountered a U-Haul truck just arriving, ready to offload more fireworks.

The property management of the warehouse were contacted and informed all enforcement officials that they were unaware of the operation. The structure had been leased to a company based in Kentucky. The owner of the fireworks cooperative with all parties involved during the process. The owner of that company was cited for numerous fireworks violations, including having no permits or registration and illegal storage of fireworks.

All fireworks were seized and forfeited to the Cabell Co. Prosecutor and will be auctioned to a qualified and licensed wholesaler at a date to be determined.

As of July 1 of this year, there are 215 fireworks tents/structures registered to operate in West Virginia. The fire marshal’s office has a staff of 14 assistant fire marshals/inspectors that are required to inspect every fireworks vendor. The Licensing and Registration Division of the agency has also processed and given out permits for 63 fireworks displays for Fourth of July celebrations throughout the great State.

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