County Fireworks Legislative Hearing
_______, 2015
Members of the ____________________:
Good afternoon. My name is __________ and I am the _________ of the __________. I
am here today on behalf of the nearly 90,000 volunteer firefighters and ambulance workers
represented by the Firemen’s Association of the State of New York, many of whom reside in
_________ County. As a representative of FASNY, and as a firefighter, I urge you to reject any
local law that allows for the exclusion of certain fireworks from the “dangerous fireworks”
definition permitted by New York State Penal Law Section 405(5)(b). Although some will have
you believe that this change in the definition is harmless we, as your first responders, are deeply
concerned that any local authorization will place the lives of first responders and __________
County residents at risk. Sadly, many of the fires and emergencies we encounter each year are
preventable tragedies caused by the possession and use of fireworks, including sparkler devices.
While appearing innocent and harmless on their face, they can burn at temperatures between
1,200 and 1,800 degrees Fahrenheit. As a point of reference, water boils at 212 degrees, cakes
bake at 350 degrees, wood burns at 575 degrees, and glass melts at 900 degrees.
Chapter 477 of the Laws of 2014 provided localities with the ability to allow for certain
fireworks to be excluded from the definition of dangerous fireworks. The legislation further
limited the sale of these fireworks to the time periods of June 1st through July 5th and December
26th through January 2nd. Many have misnamed this bill the “sparkler bill” and have positioned it
as a consumer friendly piece of legislation that would only allow sparklers to be sold during
limited time periods. But the statistics clearly show that sparklers and novelty devices are not
without danger. Nationally, sparklers and other novelty devices authorized under this legislation,
accounted for 34 percent of the emergency room fireworks injuries in 2011. The most recent
national data from the National Fire Protection Association (NFPA) shows that 17,800 reported
fires, causing $32 million in direct property damage, were started by fireworks and 9,600
fireworks related injuries were treated in emergency rooms in 2011. According to the NFPA, on
a typical Fourth of July, there are more fires than on any other day of the year, with fireworks
accounting for two out of five of those fires, more than any other cause. Even more concerning is
the facts that children ages 10 to 14 are two and one-half times more likely to suffer from
fireworks injury than the general population. NFPA’s most recent reports also show that the risk
of fireworks injury was highest for children ages 5 to 19, with one-quarter (26 percent) of the
victims of fireworks injuries in 2011 under the age of 15.
Although this legislation would limit the sale of these sparkler and novelty devices to
certain times of year, the statistics show that it would still place a large portion of the community
at risk. Research from the US Consumer Products Safety Commission (CPSC) shows that sixty
percent of all fireworks injuries occur during the 30 days surrounding July 4th. More disturbing is
the fact that they occur at a rate of approximately 200 injuries a day for this period. More than
107 Washington Avenue ● Albany, NY 12210-2269
PHONE
518.434.0987
TOLL FREE
800.2FASNY2
(232.7692)
FAX
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WEB
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half of these reported injuries involved burns to the hands, head and face. About 1,000 reported
injuries involved sparklers and bottle rockets, fireworks that are frequently and incorrectly
considered safe for young children. Furthermore, it must be noted that although the legislation
only authorizes the sale of fireworks for a certain time of year, people will buy, and store these
items in their homes, for use yearlong. Consequently, our emergency service personnel will be
responding throughout the year to incidents involving not only the use of fireworks but also their
improper storage. The statistics show, as does our experience, that the danger to the community
and our first responders is substantial.
To fully comprehend this issue, and make an informed decision on it, we must also take
more than a cursory look at the financial element of this debate. As the cost of providing
necessary governmental services continue to rise, municipalities are constantly looking for new
and creative ways to generate revenue. On the surface the sale of fireworks, and the sales tax
they generate, seems like an economic win for a municipality. Yet, upon closer examination, one
quickly realizes that this activity merely redirects the economic burden onto the backs of fire
departments and EMS agencies. Simple logic dictates that if fireworks of any kind are made
more available then the number of fire and emergency medical incidents will rise accordingly.
The burden of responding to these additional incidents will further stress the financial and human
resources of emergency response agencies. As a resident and taxpayer in __________ County I
commend our leaders for consistently putting our county on a sound financial footing. Yet, as a
parent and firefighter, no amount of revenue is worth the human and property damage our
County will experience if we succumb to the lure of increased revenue at the expense of common
sense and public safety.
While proponents of this legislation show pictures of these fireworks being used in
supervised settings, with the devices placed firmly on the ground and safely away from people,
we all know better. Despite everyone’s best intentions it is inevitable that these dangerous
devices will fall into the hands of young children, be used improperly by adults and stored
inadequately. In a larger sense, we are also very concerned that opening the door for the sale of
industry labeled “safe” fireworks is merely the first step in a strategy to allow the sale of all types
of fireworks. We hope that when you consider this local law you take into account all the
impacts it will have on the safety of our community, especially for our children, and the
increased burden on the County’s first responders. The bodily injuries and property damage
associated with these types of fireworks have been well documented. It is our belief that any
local law permitting their use will have a negative impact on the safety of our community that far
outweighs any economic gain. As such, we hope you reject this proposed local law.
107 Washington Avenue ● Albany, NY 12210-2269
PHONE
518.434.0987
TOLL FREE
800.2FASNY2
(232.7692)
FAX
518.426.0139
WEB
fasny.com