The Departmental Board of Montevideo approved a new regulation of pyrotechnics, in line with the noise elimination policy that is already being replicated in various departments of the country.
The decree, to which he agreed The Observer, gives an account of the “concern” expressed by different actors regarding the “dangers and damages generated by the use of pyrotechnics”.
The text prepared by a permanent commission reviews that fireworks carry three types of contamination: oxidizing agents used to launch rockets, heavy metals from explosive bombs and solid aerosols generated after the outbreak. It also indicates the special affectation to people with autism spectrum disorder (ASD) and to animals.
For this reason, the regulation attacks the free sale of pyrotechnics throughout the capital as of February 1, 2022, except for professional shows and the use of these devices in agricultural production and in maritime safety. In other words, the regulation will not affect the upcoming Christmas and New Year holidays, but it will be in force for the following ones.
One of the first provisions points to the prohibition of the sale of “wish balloons”, commonly used in celebrations for birthdays or anniversaries, due to the trajectory that due to their low weight they acquire in the air with a flame lit inside. . “This product moves along with the direction of the wind and Due to its great autonomy, it can travel long distances without the control of whoever launches it, potentially causing fires “, indicates.
Although it already works this way, the decree makes it clear that the stalls must be authorized by the Montevideo City Council (IM). Fireworks must be separated by at least one meter from the rest of the merchandise, and must respect a minimum distance of 50 meters from service stations, sawmills, fireworks, educational centers and hospitals and sanatoriums.
The decree emphasizes the “smoking ban” at stalls. All premises or stands on public roads must display the following sign in a “central location”: “The sale of fireworks to minors under 16 years of age is prohibited. The use of pyrotechnics affects people, animals and the environment ”.
From now on, all products will be categorized according to their sound impact, based on the criteria established by the Material and Armament Service. As reported The ObserverThe Army defined that pyrotechnics be marked with hexagons: those that do not exceed 80 decibels –equivalent to a bell– will carry a green label with the distinction of “low noise”; in yellow and in “intermediate” will be those between 81 and 110 decibels; and in red and with the inscription “loud noise” will be those that exceed that mark, which exceeds the sound of a honk.
Those levels will be measured and printed by the SMA when the fires land in the country. The departmental board stipulates three types of offenses: minor –with fines of between 2 and 5 adjustable units (UR) -, moderate –6 and 30 UR– and serious –31 and 54 UR–. In this sense, the decree foresees the creation of a Coexistence Fund to which the proceeds from fines will be allocated to carry out education and awareness campaigns to “warn about the risks of the use of sound and roaring fireworks.”
Those products that have been acquired before February 2022 will be exempted from said regulation, although their authorization will only be available until December 31, 2024. As of February 1, 2025, all fireworks with permission to be at the sale will be those with a green hexagon, with bursts of up to 80 decibels.
Montevideo will be the eleventh department to restrict the commercialization of sound pyrotechnics. This Thursday the Chamber of Deputies approved the bill by the lobbyist Silvana Pérez Bonavita to prohibit the use of fireworks. The text still requires the approval of the senators.
The business chambers of the sector are at war with this type of regulations and handle a report by the constitutionalist Martín Risso that establishes that said provisions are “unconstitutional”, so they do not rule out that the measures can be countered with a request before the Supreme Court of Justice – “with the practical difficulty that it would have processes separated by departments” – or with requests for compensation for “the damages caused by the unconstitutional prohibition”, such as the impossibility of commercializing stocks that have already been stockpiled.
