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FLORIDA CONSUMER FIREWORKS TASK FORCE

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					        FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

                      Florida Department of Agriculture and Consumer Services

       FLORIDA CONSUMER FIREWORKS TASK
               FORCE MEETING III
                            November 13, 2007—Tallahassee, Florida

                                Meeting Design & Facilitation By



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                            Report By Robert Jones and Jeff A. Blair
                        Florida Conflict Resolution Consortium (FCRC)
                                    Florida State University




Consumer Fireworks Task Force Website: http://consensus.fsu.edu/Fireworks-Task-Force/index.html
Florida Consensus Resolutions Consortium Website: http:// consensus.fsu.edu
                        FACILITATOR’S SUMMARY DRAFT REPORT
                            NOVEMBER 13, 2007 MEETING III
                                  Tallahassee, Florida
                                                                          CONTENTS
Cover Page ........................................................................................................................................................ 1
Contents ............................................................................................................................................................. 2
Overview of Workgroup’s Key Actions ..................................................................................................... 3

A. INTRODUCTIONS AND AGENDA REVIEW .............................................................................................. 5
B. CONSUMER FIREWORKS BRIEFING PRESENTATIONS AND DISCUSSIONS ..................................... 5
     1. Perspectives on Agricultural and Fish Hatchery Exemptions for Use of Firecrackers ................................. 5
     2. Review of Samples and Video Demonstration of Consumer Fireworks Types ............................................. 8
     3. NFPA Presentation on April, 2007 Fireworks Statistics Report-Jim Shannon NFPA President ............... 8
     4 Industry Presentation on Consumer Fireworks Safety Statistics, Bill Weimer ................................................ 9
     5 Review and Discussion of NFPA 1124 Provisions Regarding Regulation and Safety Standards for
       Retail Sales Facilities- Les Hallman ......................................................................................................................... 9
C. DEFINING CONSUMER FIREWORKS, TYPES AND CONDITIONS .................................................... 11
     1. A Definition for Consumer ................................................................................................................................... 11
     2. A Definition for Consumer Fireworks ................................................................................................................ 11
     3. Overview of Task Force 2nd Rankings of Types and Conditions for Consumer Fireworks ...................... 12
D. OTHER LEGISLATIVE CHARGES ........................................................................................................... 14
     1. Regulation and safety standards for temporary retail sales facilities ............................................................... 14
     2. Training and education on safety standards and safe use of consumer fireworks ....................................... 14
     3. Funding options for fire officials training and education, and clean up of pubic property of expended
        consumer fireworks ................................................................................................................................................ 15
     4. Regulation of hours and location of the use of consumer fireworks-proper use ......................................... 15
E. PUBLIC COMMENTS ................................................................................................................................. 15
F. REVIEW OF TASK FORCE PROCESS AND DECEMBER 6 MEETING ................................................. 16

Appendices ..................................................................................................................................................................... 17
#1 Consumer Fireworks Task Force Organizational Meeting Agenda .................................................................................. 17
#2 Meeting Evaluation Summary ......................................................................................................................................... 18
#3 Public Sign-in List and Public Comment Forms.............................................................................................................. 19
#4 Task Force Meeting and Delivery Schedule ...................................................................................................................... 30
#5 November 13 Evaluation of Consumer Fireworks Types and Conditions......................................................................... 31




Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                                                                             1
OVERVIEW OF TASK FORCE’S KEY ACTIONS
TUESDAY, NOVEMBER 13, 2007

Agenda Review and Task Force Plan Overview
Following are the key agenda items discussed at Meeting III:

 To Approve Regular Procedural Topics (Agenda, Report, and Workplan Schedule)
 To Review Consumer Fireworks Types Worksheet
 To Review Consumer Fireworks Issues and Options Worksheet
 To Hear/Discuss Topical Presentations Related to Key Task Force Issues
 To Discuss and Define Consumer Fireworks
 To Review and Evaluate Types of Consumer Fireworks
 To Identify and Evaluate Options Regarding Refinements for the Regulation, Sales, and Use;
  and, the Education, Training, and Clean-up Regarding Consumer Fireworks
 To Discuss and Evaluate the Level of Acceptability for Proposed Options
 To Consider Public Comment
 To Identify Needed Next Steps and Agenda Items for Next Meeting

Task Force Member Attendance
Meeting III was opened by the Chair, Mike Long at approximately 8:35 am on November 13 and
the following members attended: Michelle Berger (by phone), Rickey Lee Farrell, Tommy Glasgow,
Les Hallman, Michael Long, Trey McCarley, Ira Schwartz and Ken Welch.

DACS Staff Attendance
Jeff Vowell

Facilitation
The meeting was facilitated by Jeff Blair and Robert Jones from the Florida Conflict Resolution
Consortium at Florida State University. Information at: http://consensus.fsu.edu/

Project Webpage:
http://consensus.fsu.edu/Fireworks-Task-Force/index.html

Agenda and Meeting Guidelines Review and Approval

The Task Force voted unanimously, 8 - 0 in favor, to approve the agenda as presented. (See Appendix
#1) The Task Force voted unanimously, 8 - 0 in favor, to approve the meeting guidelines as
presented.

Review and Adoption of the October 25 Organizational Meeting Summary

The Task Force voted unanimously, 8 - 0 in favor, to approve the October 25 Meeting II summary
with editorial corrections.

Presentation and Discussion of Presentations


Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida     2
    1. DACS Perspective on Agricultural and Fish Hatchery Exemptions for Use of Firecrackers—
       Department of Agriculture and Consumer Services Presentation-
    2. Les Hallman and , Review of Samples and Video Demonstration of Consumer Fireworks Types
    3. NFPA Presentation on April 2007 Fireworks Statistics Report—Jim Shannon
    4. Industry Presentation on Consumer Fireworks Safety Statistics—Bill Weimer
    5. Review and Discussion of Draft Consumer Fireworks Definition—Mike Long
    6. Review and Discussion of NFPA 1124 Provisions Regarding Regulation and Safety Standards for
       Retail Sales Facilities—Les Hallman

Review of Definitions and Types
The Task Force agreed on a definition of “consumer fireworks” following a 2nd review and ranking of each of
the consumer fireworks types in light of the demonstrations.

Review of Other Legislative Charges and Strategies.
The Task Force reviewed and tested support for strategies to address other legislative charges.

Review and Agreement on Task Force Meeting Schedule
The Facilitator noted the next meeting will take place in Port St. Lucie and will conclude with an
extended public comment/workshop.

General Public Comment
Members of the public were invited to address the Task Force. In addition, the public was
encouraged to provide written comments on the form provided in the agenda packets. The
Facilitator noted that all written comments would be included in the Facilitator’s Summary Reports.
4 members of the public addressed the Task Force and 4 members provided written comments for
the Task Force’s consideration.

Adjourn
The Board voted unanimously, 8 – 0 to adjourn at 3:50 PM.




Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida           3
                     FLORIDA CONSUMER FIREWORKS TASK FORCE
                                 Meeting III
                              NOVEMBER 13, 2007

A. WELCOME, INTRODUCTIONS AND AGENDA REVIEW
Task Force Chair, Mike Long welcomed the Task Force members and the public to the Task Force’s
second meeting. He thanked Commissioner Welch and his staff for making the meeting
arrangements. He suggested that on balance the organizational meeting was a very constructive and
efficient beginning which he hoped the Task Force could build upon in this session. He asked Jeff
Blair and Bob Jones to review with the Task Force the documents and agenda for the session.

Following a review of the Agenda, the Task Force voted unanimously, 7 - 0 in favor, to approve as
presented. (See Appendix #1) The Task Force voted unanimously, 7 - 0 in favor, to approve the
meeting guidelines as presented. Finally, the Task Force voted unanimously, 7 - 0 in favor, to
approve the October 25 Meeting II Summary with editorial changes.

The facilitators noted the Task Force would first hear presentations and then spend the rest of the
day discussing the definitions and types of fireworks in a 2nd round of review, refinements and
consensus testing.

B. CONSUMER FIREWORKS- BRIEFINGS AND DISCUSSIONS
1. Perspectives on Agricultural and Fish Hatchery Exemptions for Use of Firecrackers

Mike Long, Task Force Chair, introduced several representatives of agricultural operations that use
pyrotechnics to scare birds who each offered their perspective on the exemption for the agricultural use of
firecrackers.
.
Art Rollins, Florida Tropical Fish
 Largest commodity out Tampa Bay/Central Florida
 130 members- in Hillsborough and Polk county
 Raise several hundred variety of fish. Profit margin on some is low, can’t justify netting etc. But market
    demands these as starter fish.
 Environmental fines of $5000 each for harming migratory birds.
 70 million annual revenue

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida      4
   Wading birds are detrimental to ornamental fish farm. 20-30,000 fish in each pond, feeding is easy.
   Research lab- IFAS- develop ways to control predators. Disrupting feeding habits. Use bottle rockets
    launched from a hand held pistol. Fireworks from shotguns that explode.
   If remove fireworks from small tropical fish farm, will affect industry in terms of inexpensive sunfish as
    starter fish.
   Understands the problem of fireworks. A legitimate aquaculture organization with a certificate. Regulate
    and control fireworks. Display or have a aquaculture certificate. Easy to track misuse and volume. Please
    allow for fireworks.
   How many fireworks a year? Where purchase? Used to buy through association (FTFA stores). Now
    you can get at fireworks stands.
   Who issues aquaculture certificate? DACS Division of Aquaculture, inspected twice a year. They visit
    the ponds. Used to have 7 regulators at federal, state and regional and local levels. Several years ago
    DACS took over regulation and enforcement. Compliance with water quality and with fireworks etc.
    Can’t move your product without the Florida certificate #.
   Would members be opposed to get license from local county sheriff? Prefer to keep regulation down as
    much as possible. Believe it would be better to use certificate # when purchasing the product. Put in
    law to have the ag certificate # to purchase for agricultural purposes? Yes.

Ken Patterson, Florida Blueberry Association,
 Blueberry grower
 3000 acres now will double in next 3-5 years. $35 in revenue.
 Biggest concentrations near Gainesville. Between Orlando and tampa. Emerging in Arcadia.
 Freezes, immigration and birds.
 Urbanization around blueberry. Cedar Wax Wing. Migratory in April and May. In huge flocks. They do
   this in blueberry industry. What protection of these predators. Only two ways, net field or shoot them
   all? Netting is expensive and storms take out of field
 Propane cannons, pistols, shotguns, and fireworks. In a rural area uses propane cannons. Limited
   effectiveness. Many have no other choice except to use fireworks. Tried bird tapes, distress calls,
   ballons. Harassing them out of fields takes noise.
 Please be mindful of agriculture.
 Ag Certificate #? Don’t have a registration process. If you don’t have a number. Register with local
   sheriff? Personally wouldn’t have a problem since there don’t seem to be good alternatives.
 Break point commercial operation vs. growing for own use. 1-5 acres mom and pop. If they sell
   commercially to marketers would be the defining issue for determing

John Dunlop, US Department of Agriculture, Wildlife Services
 North Florida District Supervisor, USDA Wildlife Services- 30 throughout Florida. Dealing with human
   wildlife challenges.
 Works with aquaculture producers and bird predation. They make recommendations for Federal
   depredation permits. USFWS will issue permits for lethal control for some birds. What types of non
   lethal methods. Must demonstrate using pyrotechnics to even get consideration. Florida has state
   regulations of migratory birds.
 Pryo-technics used in other areas. At land fills and airports. Human health and safety areas. Birds may
   present problems. Used to disperse vulture roosts. If receives calls, recommend pyrotechnics. Offer


Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida       5
    technical assistance and cooperative service agreements with government agencies and industry. Several
    in state work in airports. Work in 3-4 landfills dispersing birds. Decrease concentration of birds.
   FY 2006. USDA Used 46,348 rounds of pyrotechnics. Harassed over 1 million birds. Backbone of
    agency’s approach. Without lethal control and pyro-technics, options are propane cannons. But are
    stationary. Birds become accustomed to the noise. Scarecrows, plastic owls etc. without human
    interaction, lose effectiveness.
   Discourage tied solely to ag certificate. Discourage citizens using this “tool.”
   Copy of ReJoseph Companies (Mississippi) and Sutton Ag (Calif) order applications- recommends to
    agricultural interests pyrotechnics. Wildlife control statement to the manufacturer.
   Are these shipped? Yes
   What type most used. Fired from small starter pistol. “Screamers and bangers” 40 yards and explodes
    over birds. Others make whistling, screaming noise. Fired out of pistol. Another variety uses the
    shotgun has a little more range and more expensive.
   Any that aren’t fired out of guns? No. If citizen asks? Consumer fireworks aren’t as effective.

Mike Long
 Noted that he had discussed the exemption with strawberry growers who expressed concern about
   losing the exemption in their dealing with robins.

Agriculture Exemption Discussion following Presentations

General comments
    Need to address how they can maintain their operations. It is a viable practice. Those who
        use these legitimately.
    Through a permitting process or an exemption to the law.
    Not working now because not following the law. Supposed to present to vendor the sheriff
        verification you are a bona fide ag concern.
    If enforced as currently written.
    If aerial products are legal, don’t need an exemption.
    Or permit agriculture as a legitimate users. Exemption from the times and from the acreage.
    Fireworks may be used under these conditions…. Ag purposes and hours..
    Would take away the problem we have now.
    Ask where your farm is.
    Need prescription from doctor for drugs. Have to keep on file for 5 years. Provide your
        permit or certificate that has to stay with the vendor for a period of time.
    Not currently the retailers duty to question on this based on case law. Rule says take copy of
        what you have on file.
    Some language similar to the rule and put it into law.
    USDA- bottle rockets not effective for dealing with birds. Pistol devices or shot gun devices.
    If firecrackers were legal this would be covered and wouldn’t need an exemption.
    Could be cost factor- probably more expensive than a bottle rockets. Firecrackers are the ag
        exemptions.
    No exemptions for other devices, e.g. aerial etc.
    Fish hatchery piece? 791. 07. Law not being followed correctly.

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida    6
       If not allowed as a type, then take the rule language and suggest it be placed in statute.
       Would it still place rulemaking authority for DACS in the law?

Next steps
    Mike Long will look into understanding of intent of rule. Report back in December.
        Fireworks vs fire crackers. If firecrackers become legal not need for exemption but possibly
        need to have authority to promulgate.
    791.04- railroads for signal purposes. Illumination. Quarry blasting. Blank cartridges vs.
        consumer fire works.
    Should we take all of this out now?
    Les will report back on exemptions and whether to proposed removing them going forward.

2. Review of Samples and Video Demonstration of Consumer Fireworks Types

Les Hallman, Task Force member and State Fire Marshall representative introduced Casia Cinco
from the State Fire Marshall office who presented a power point and a DVD recording of consumer
fireworks demonstrations. (See the DVD and power point presentations at:
http://consensus.fsu.edu/Fireworks-Task-Force/index.html.

Ms. Cinco noted that the Fireworks industry worked with her to prepare the demonstrations. The members
agreed to review the types of consumer fireworks and conditions in light of the demonstration to determine
if the judgments made at the October meeting needed revision.

3. NFPA Presentation on April 2007 Fireworks Statistics Report—Jim Shannon President
Mike Long introduced Mr. Shannon, President of the NFPA who provided an overview of a recent report
on national Fireworks statistics
(See, http://www.nfpa.org/publicJournalDetail.asp?categoryID=1518&itemID=36521&src=NFPAJournal). Below are
key points of Mr. Shannon’s presentation:

   NFPA is a non profit membership organization with 80,000 members in 100 countries. Leading
    advocate of fire prevention. Considered by many as primary resource for fire analysis. One of the
    principal sources of fire analysis.
   April 2007 report- on their website
   2005- 800 fireworks injuries in emergency hospital. Mostly upward trend. Spike in 2000 millennium.
   Sample of hospital of injury- 2005 second highest total.
   2004- 1600 structure fires, 500 vehicle fires. No deaths. $21 million
   Add 10-15% for unknown fireworks.
   2000-2004- average 7 people per year killed by fire and 7 by fireworks.
   Outdoor refuse fires- single year estimates variable. Use a 5 year average.
   2/5 to head. 3/5 to extremenities. ¼ to eye.
   Large proportion in Canada- showed large number due to holding.
   2005- ½ of injuries under 15. Highest proportion 10-14. Rates for every age group up to 25 50% higher
    than any other age group. Males the most likely.
   2005 95% emergency fireworks injuries were federally permitted fireworks.
   Safe and sane fireworks cause injury.
Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida          7
   Report includes sample of pre-school injuries.
   Fireworks risks only a few days a year. July 4. Half of all reported fires involved fireworks

Q&A
 6 states have a complete ban.
 NFPA Doesn’t break out statistics state by state.
 Mass. Less use of consumer fireworks with fewer injuries (based on mostly anecdotal evidence) but it is
  easy to get from out of state in nearby New Hampshire.
 Data has shown. E.g. Connecticut. Fireworks injuries more prevalent the year after fireworks introduced
  to the state.
 Data and estimates. Where is the source for estimates? Fire departments and emergency room data by
  the Consumer Products Safety Commission. Does data consider significant growth in sale of fireworks
  and states?
 Risk assessment- 95% consumer 5% class b or display. Data is skewed to display products? High degree
  of confidence in fire department incidence data. Data using is high quality.
 Consumer fireworks will not mass explode? Type product- display product will mass explode.
  Consumer fireworks will not mass explode. Do this report annually. Not a technical analysis of the
  characteristics of fireworks.
 Where fireworks banned in states, still readily available? Off the internet and shipped to homes. In
  banned states were there more injuries after? Don’t have a state by state analysis.

4. Industry Presentation on Consumer Fireworks Safety Statistics—Bill Weimer
Mike Long introduce Mr. Weimer to present a power point highlighting an industry perspective on
fireworks safety statistics. See the powerpoint at: http://consensus.fsu.edu/Fireworks-Task-
Force/index.html. Below are summary points from Mr. Weimer’s presentation.

  How regulated- Title 49 and 16 Federal Code of Regulations. APA 87-1 adopted by reference in Title
   49.
 E.g. multiple tube fireworks 200 and 500 relates to length of device.
 CSPC regulation
 AFSL testing and training in China. Florida is a double test confirming AFSL. Functional testing.
 NFPA 1124 1984. 2006 edition. 3 year revision cycle. Topics
 Ohio incident- store was not NFPA compliant.
 Fire works injuries. 1976-2006. General flat line trend on injuries. 29 million imported in 1976. 278
   million imported to US. Imports have risen. 90% are consumer fireworks.
 Comparison- ATV use/sales vs. Fireworks use/sales vs. Trampoline use/sales
 Since 1994- rate of decrease. AFSL began testing.
 1995 last year CSPC reported on state by state basis. “Dry states” has a 41% portion of the injuries.
 5500 injuries if you exclude
 Indiana- allowed consumer fireworks in 2006. Declining injuries? In states that ban don’t have safety
   campaigns.
Member Q & A.
Statistics on other people injured on ATVs and Trampolines? Believes most are injuries to users but some
aren’t.

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida         8
5. Review and Discussion of NFPA 1124 Provisions Regarding Regulation and Safety Standards
   for Retail Sales Facilities—Les Hallman

Mr. Hallman reviewed with the Task Force the provisions of NFPA relating to regulation and safety
standards for retail sales facilities.
Following Mr. Hallman’s presentation, the Task Force voted unanimously to recommend that the
state adopt into law Chapter 7 (Retail Sales of Consumer Fireworks) of NFPA 1124 2006 Edition
(Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic
Articles 2006 Edition) to be the baseline state requirement for the regulation and safety standards
for temporary retail sales facilities, and to provide the DSFM with rulemaking authority to adopt
newer editions and to amend for Florida specific needs. The Task Force agreed to review and
discuss penalties and programs to license/permit for the sale and/or use of consumer fireworks as
another strategy (i.e., DACS licensing of hand guns).

Les Hallman Presentation on Chapter 7, NFPA 1124
    Focusing on retail sales facilities. Only comprehensive code addressing this
    Building that is operational vs. new building. Safety requirements stricter on new than
      existing as the regulation is phased in.
    7.2.4 Can’t have display fireworks in store. Display product requires a special license from
      ATF. If we adopt, retail store could not possess a display product.
    What is the threshold between consumer and public display- Technical requirements
      including more than 1 in ¾ shell. Composition sizes.
    7.3 gives general requirement for all retail sales. Code enforcement easier based on this code.
      E.g. 50% of retail space has to be open. Height limits for displays inside and outside.
    7.3.4 Tents must be within 150 of fire apparatus roadways.
    7.3.6- automatic sprinklers.
    7.3.6.3 fire extinguishers on hand.
    If you adopt this code, you adopt all of the codes referenced in this.
    Number of exits, aisles arrangement, egress.
    Appendix areas- back up information to implement the code.
    Packaged vs. unpackaged products- regulations stricter for unpackaged.
    “Operations” references day to day activities.
    Safety training- 7.3.22. for all personnel handling consumer fireworks.
    Role of the local AHJ- including review of site plans and construction materials
    More room in terms of quantity limitations in permanent vs. tent facility.
   Q&A
       No requirements for buildings smaller than 3000? No there are requirements. Called
          “stands”
       If running a gas station with a corner selling fireworks? Need to be 50 feet away. Meet
          everything else in here.
       If adopted by statute, would we specify the current? Adopted on a particular date?
          Florida fire prevention code allowed authority to adopt updated standards by rule. If we
          put in law 2006 edition. Use language that Fire Marshall can adopt by rule of updated
          standards with public input and process. Statute gives authority to adopt rule. Public

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida     9
             hearings and testimony. Even if adopted, rule can be challenged. Acknowledges the
             need to have fluid. This is standard for codes
            “Or whatever the current standard is.” Rulemaking process gives flexibility to adopt a
             standard and make proper adjustments.

            Adopt 2006 NFPA 1124 at the base with a provision for rulemaking authority to
             the Division of State Fire Marshall similar to the building codes, fire prevention
             code to govern the retail sale of consumer fireworks.
                   4=acceptable    3= minor reservations     2=major                 1= not acceptable
                                                             reservations
Initial Ranking          7                    1                        0                     0
Sept. 2007

            Fire marshals are already applying it. May be moot.
            Adopt as exists now. Adopt as amended from time to time. Adopt with provision for
             rulemaking.
            Attorney general opinion has stated that you can lock in code editions but can change
             through a rulemaking process.
            Rule capability allows for the possibility of being more strict than NFPA.
Reservations
     No problem with 1124. Wait and see the language for rulemaking.
Next steps
     Les Hallman will provide proposed rulemaking language at the Task Force meeting
         December 6.

C. DEFINING CONSUMER FIREWORKS, TYPES AND CONDITIONS
1. A Definition for “Consumer.”

         The Task Force reviewed and discussed at its October 25 meeting the various survey
         proposals for defining “consumer” and agreed on the following definition of a consumer:

         “A person purchasing or possessing a product for personal use.”

2. Definition for “Consumer Fireworks”

At the October 25 meeting the Task Force asked the Chair to draft a definition for consideration
based on the discussion and review at that meeting. Mr. Long presented the following definition for
the Task Force’s consideration at the November 13 meeting.

Proposed Definition of Consumer Fireworks
Consumer fireworks means a small firework that is designed primarily to produce visible effects by
combustion, and that is required to comply with the construction, chemical composition, and
cautionary labeling regulations of the Consumer Product Safety Commission as provided for in title
16, Code of Federal Regulations, parts 1500 and 1507. The term also includes some small devices
designed to produce an audible effect, such as whistling devices, ground devices containing fifty (50)
milligrams or less of explosive composition, and aerial devices containing one hundred (100)

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida              10
milligrams or less of explosive composition. This also includes those devices identified in the Code
as novelty devices. US DOT at 49 CFR 172.01 classifies consumer fireworks as fireworks UN 0336
and UN 0337.
                   4=acceptable    3= minor reservations     2=major                 1= not acceptable
                                                             reservations
Initial Ranking          3                    5                        0                     0
Nov. 2007

November 13 Member Comments before the Ranking:
    Used the 2nd meeting’s results on types, looked at various definitions including the Indiana
       Law and other sources to draft a definition. Enforcement won’t be helped by this.
    Consumer fireworks- “small”- clarify this term? Delete this? CFR uses this language. What is
       small relative to?
    Not going to get hung up on the definition but will focus on the types.
    Enforcement will be aided by the listing of types.
    DOT Classification taken into account in definition? Should we define this similar to the
       federal definition to be able to compare apples to apples.
    Add to this or reference? USDOT 49 cfr 172.01 “consumer fireworks”= UN 0336 and
       0337? Doesn’t reference “small”
    Refer to CPSB and AFSL laboratory.
    Aerial device provision? Current Florida law this is illegal. Do we have adequate control on
       the use of devices so not used in residential areas.
    Look at conceptually as a definition only and later review and confirm the types.
    100 milligrams? Is this the 200 for sparklers. we were talking about last time. Refers only to
       the explosive compound right out of CFR definition.
November 13 Member Comments on Minor Reservations following the Ranking
    Explosive portion. Are we going to accept aerials? Audible
    Do we have adequate control on the use of devices so they are not used in residential areas?

Include the Types of Consumer Fireworks and Conditions for their Use Agreed to by the
Task Force in the Consumer Fireworks Definition:

Include types agreed upon by the Task Force in its final report in the consumer fireworks definition.
                   4=acceptable    3= minor reservations     2=major                 1= not acceptable
                                                             reservations
Initial Ranking          5                    3                        0                     0
Nov. 2007
Reservations after ranking
     List is definitive includes and excludes- Create a problem down the road? Address the types
         of products through the recommendations to the legislature.
     Fire Marshall will have to maintain list and its enforcement program.

3. Overview of Task Force 2nd Ranking on Types of Consumer Fireworks




Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida              11
At the October 25 meeting the Task Force reviewed, ranked and refined the types of consumer
fireworks and agreed to revisit these at the November 13 meeting following the demonstration of
various fireworks. (See Appendix 5 for a complete set of Task Force member rankings and comments on these).

3.1.1 GROUND AND HAND-HELD SPARKLING DEVICES (“SPARKLERS”)
Consensus 75% or greater support for conditions
         Federal 200 grams as maximum for sparklers category of types- 8-0
         Age limit-18 as a condition -8-0
         “For purchase, use and possession” 8-0

Consensus 75% or greater support for types with conditions
3.1.1.1      Cylindrical Fountain- 8-0 with the following conditions
              Federal 200 grams as maximum for sparklers category of types
              Age limit-18 as a condition
              “For purchase, use and possession”
3.1.1.2      Cone Fountain- 8-0 with the following conditions
              Federal 200 grams as maximum for sparklers category of types
              Age limit-18 as a condition
              “For purchase, use and possession”
3.1.1.3      Illuminating Torch- 8-0 with the following conditions
              Age limit-18 as a condition
              “For purchase, use and possession”
3.1.1.5      Ground Spinner 8-0 with the following conditions
              Age limit-18 as a condition
              “For purchase, use and possession”
              Hard surface
3.1.1.6      Flitter Sparkler- 8-0 with the following condition
              Age limit-18 as a condition

3.1.1.7      Toy Smoke Device- 8-0 with the following condition
              Age limit-18 as a condition
3.1.1.8      Wire Sparkler/Dipped Stick- 8-0 with the following conditions
              Age limit-18 as a condition
              18 and under adult supervision for use.
Between 50- 74% support
3.1.1.4  Wheel (3 4’s, 2 3’s, 3 2’s, 0-1’s)
 Federal 200 grams as maximum for sparklers category of types
 Age limit-18 as a condition
 “For purchase, use and possession”
Nov 13 Comments
 Major reservations- concerned about self-propelled. No legal because it isn’t hand held or based.
   Demonstration revealed if not properly attached the ability to propel itself is a safety issue.

3.1.2 AERIAL DEVICES
Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida             12
Consensus 75% or greater support for aerial devices conditions
       Liability for local governments- provide a specific immunity clause (beyond sovereign
        immunity) for local government for liability related to the designated areas.
       Designated area to be determined by local government for all permitted aerial devices to be
        determined by the local governments. Each county will select at least one area in the county
        for use of permitted aerial devices considering compatibility and safety issues.
       Require a consumer permit that requires safety education and proficiency and the permit
        fees at a minimum support the overall permit program.
       The statewide minimum for hours for the use of aerial devices will be July 1-5 between 9
        a.m.-11 p.m., Dec 31 New Year’s Eve., 5 p.m.- 1 a.m. Jan 1. Local governments can add to
        these dates for other holidays celebrated in their communities.
       Providing for minimum of 25 contiguous acres and within 250 feet from property line
       Opt out clause for counties coming up with an inter local multi-county agreement to address
        where there might not be a suitable site in a county.
       Penalties of 1st degree misdemeanor for use outside the designated area or possession
        without a permit.

Consensus 75% or greater support for aerial devices types with conditions
                None

50%-74% Support for types with conditions

3.1.2.1    Sky Rocket with conditions (2 4’s, 33’s, 3 2’s, 0-1’s)
3.1.2.2    Missile-Type Rocket with conditions (3 4’s, 2 3’s, 3 2’s, 0-1’s)
3.1.2.3    Helicopter, Aerial Spinner with conditions (3 4’s, 2 3’s, 3 2’s, 0-1’s)
3.1.2.4    Roman Candle with conditions (3 4’s, 2 3’s, 3 2’s, 0-1’s)
3.1.2.5    Mine and Shell Devices with conditions (2 4’s, 4 3’s, 2 2’s, 0-1’s)
3.1.2.6 Aerial Shell Kit, Re-loadable Tube (2 4’s, 3 3’s, 3 2’s, 0-1’s)
Less than 50% support for types with conditions
3.1.2.2   Bottle Rocket with conditions (2 4’s, 1 3’s, 4 2’s, 1-1’s)

3.1.3 AUDIBLE GROUND DEVICES
Consensus 75% or greater support for types with conditions
3.1.3.1  Firecracker with conditions (4 4’s, 3 3’s, 1 2’s, 0-1’s)
                Time- 9 am- 9 p.m.
                18 to buy, adult supervision to use
Less than 50% support for types with conditions
3.1.3.2   Chaser with conditions (1 4’s, 2 3’s, 5 2’s, 0-1’s)
                Time- 9 am- 9 p.m.
                18 to buy, adult supervision to use

3.2 NOVELTIES
Consensus 75% or greater support
3.2.1        Party Popper
              Keep as is, no conditions
Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida    13
3.2.2     Snapper
           Keep as is, no conditions
3.2.3     Toy Smoke Devices
           18 to purchase, adult supervision to use otherwise keep as is
3.2.4     Snakes, Glow Worms
           18 to purchase, adult supervision to use otherwise keep as is
3.2.5     Wire Sparklers, Dipped Sticks
o 18 to purchase, adult supervision to use otherwise keep as is

D. REVIEW OF OTHER LEGISLATIVE CHARGES
The Task Force reviewed a basic strategies for addressing several other legislative charges. It agreed that the
legislative charge called for recommendations on the treatment of consumer fireworks in Florida statutes
but did not direct the Task Force to develop draft legislation regarding their recommendations.

1. Regulation and safety standards for temporary retail sales facilities
Task Force Strategy: See, B-5 (pp 8 above)

2. Training and education on safety standards and safe use of consumer fireworks
Task Force Draft Strategy:
Permitting and licensing fees to support education, training, and clean-up functions. Programs
should be self-supporting and enforceable.
November 13 Member Comments on the Draft Strategy
    What are the options
    How much money is needed? Where do we seek that funding?
    Impossible to separate funding and education items. Tie this together to get consensus
    Tommy Glasgow- willing to put together an overview concept. Integral permitting piece tied
       to safety, education. Wants not to recreate the wheel. Can he get models for this in Florida.
       Coordinate with Les’ office and get their input.

3. Funding options for fire officials training and education, and clean up of public property
   of expended consumer fireworks

Task Force Draft Strategy:
Permitting and licensing fees to support education, training, and clean-up functions.
Programs should be self-supporting and enforceable.
November 13 Member Comments on the draft strategy:
    Taxes is another possible methodology.

4. Regulation of hours and location of the use of consumer fireworks—Proper use

Task Force Draft Strategy:
This will be handled through the establishment for conditions for each of the approved types of
consumer fireworks.
November 13 Member Comments on the draft strategy:
    Agree with this strategy.

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida       14
E. GENERAL PUBLIC COMMENT
     Jim Shannon President,
      Take action to ban the use of consumer fire works. When untrained citizens use this it is
        dangerous. Safe and sane are neither. Classic attractive nuisance for children. Should limit
        to public displays. So dangerous there is no safe way to use them. Personal story of a family
        that is now on video. Leave a copy of video for the record. Watch video and think about the
        responsible thing to do.
     Stuart Macelwaney,
      Florida fire chiefs association. Keep sparklers. Close current exemption which it the major
        problem. Statistics are often misleading. E.g. trend line represented as flat when it went up
        and down.
      Ag exemption issue. Specifically designed products should be used. What is the comparative
        costs with bottle rockets. Permit them vs. exemption. Issue is using exemption illegitimately
      Designated area-hard time seeing how to design safety and regulating.
      Some counties may not have county property. E.g. Marion. If drive is too far won’t use
        areas. Leveling the playing field. Enforcement- deputy on street can do them. District
        attorneys are not willing to take these.
      Thanks to Les and Tommy- helpful video. Good discussion.
      Ken Welch- Have Chiefs talked about a recommendation to task force for an enforceable
        policy? Sheriffs haven’t gotten together. Orange County sheriff’s department. Welcomes any
        input on this.
      Will get with sheriffs and see if they can come up with something

     Jorga Greig
      When it doesn’t touch us directly we don’t pay attention to “injury statistics”
      E.g. Michael Shannon- 4th of July party. Died from brain burn. Would have been 20 years
        old.
      E.g. Lucky the horse who lost his life. She was taken in as an abused horse.
      Fireworks are supposed to represent patriotism.
      Fireworks recalled. National Council on Fireworks Safety.
      Consumer Safety Products Commission- under investigation for taking fireworks industry
        funds for travel to China.

F.     NEXT STEPS AND DECEMBER 6 MEETING
The Chair reviewed with the Task Force the proposed agenda for the fourth meeting of the Task
Force in Port St. Lucie. The facilitator described the design of the public workshop to take place at
the conclusion of the December 6 meeting and to involved the public and the Task Force in a
review and consideration of the Task Force’s draft strategies.

A motion to adjourn at was unanimously approved at 3:50 p.m.




Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida      15
                                                   Appendix # 1
                         Florida Department of Agriculture and Consumer Services
                               November 13, 2007—Tallahassee, Florida
                             Conner Administration Building
                       3125 Conner Boulevard—Tallahassee, Florida 32399
              Note: All Agenda Times—Including Public Comment and Adjournment—
                                     Are Subject to Change

                                                 Meeting Objectives
 To Approve Regular Procedural Topics (Agenda, Report, and Workplan Schedule)
 To Review Consumer Fireworks Types Worksheet
 To Review Consumer Fireworks Issues and Options Worksheet
 To Hear/Discuss Topical Presentations Related to Key Task Force Issues
 To Discuss and Define Consumer Fireworks
 To Review and Evaluate Types of Consumer Fireworks
 To Identify and Evaluate Options Regarding Refinements for the Regulation, Sales, and Use;
  and, the Education, Training, and Clean-up Regarding Consumer Fireworks
 To Discuss and Evaluate the Level of Acceptability for Proposed Options
 To Consider Public Comment
 To Identify Needed Next Steps and Agenda Items for Next Meeting

                                                  Meeting Agenda
8:30             Welcome and Opening
 8:35            Agenda Review and Approval
 8:40            Approval of the October 25, 2007 Facilitator’s Summary Report
 8:45            DACS Perspective on Agricultural and Fish Hatchery Exemptions for Use of
                 Firecrackers—Department of Agriculture and Consumer Services Presentation
9:00             Review of Samples and Video Demonstration of Consumer Fireworks Types
                 State Fire Marshal Presentation—Member’s Question and Answer Session
9:15             Review of Samples and Video Demonstration of Consumer Fireworks Types
                 Fireworks Industry Presentation—Member’s Question and Answer Session
 9:30            NFPA Presentation on April 2007 Fireworks Statistics Report—Jim Shannon
 9:45            Industry Presentation on Consumer Fireworks Safety Statistics—Bill Weimer
10:00            Review and Discussion of Draft Consumer Fireworks Definition—Mike Long
10:30            Break
10:45            Review and Discussion of NFPA 1124 Provisions Regarding Regulation and Safety
                 Standards for Retail Sales Facilities—Les Hallman
11:15            Evaluation and Discussion of Fireworks Types and Options—Worksheets
                 For each issue: data/research presentation(s) if any, Q & A and general discussion;
                 identification of any additional options; refinement and evaluation of options.
12:00            Lunch—Working Lunch on Campus
12:30            Evaluation and Refinement of Task Force Proposed Options—Continued
2:00             Break
2:15             Evaluation and Refinement of Task Force Proposed Options—Continued

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida   16
3:20             General Public Comment
                 (May be limited to a maximum of three-minutes per person)
3:40             Overview of Consumer Fireworks Task Force Delivery and Meeting Schedule
3:50             Next Steps and Agenda Items for Next Meeting
                 Next meeting agenda items, needed information and presentations, location, and
date
4:00             Adjourn


Contact Information: Jeff Blair; 850.644.6320; jblair@fsu.edu ; http://consensus.fsu.edu/
                          Bob Jones; 850.644.6320; rmjones@fsu.edu
Project Webpage:          http://consensus.fsu.edu/Fireworks-Task-Force/index.html


Members and Representation
Member                    Position                                                       Representation
Michelle Berger           Councilwoman, City of Port St. Lucie                           League of Cities
Rickey Lee Farrell        Attorney                                                       Industry
Tommy Glasgow             TNT Fireworks                                                  Industry
Les Hallman               Director, Division of State Fire Marshal                       State Government
Michael Long (chair)      Director, FL Division of Forestry                              State Government
Trey McCarley (v.c.)      VP Business Dev. Southland Contracting, Inc.                   General Public
Ira Schwartz              Phantom Fireworks                                              Industry
  Ken Welch                Commissioner, Pinellas County Commission                       Association of Co’s.




Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida               17
                      Appendix # 2 Meeting III Evaluation Summary
                   Florida Department of Agriculture and Consumer Services
                           Florida Consumer Fireworks Task Force
                                   November 13, 2007—Tallahassee, Florida

INSTRUCTIONS TO MEMBERS
PLEASE USE A 0 TO 10 RATING SCALE WHERE A 0 MEANS TOTALLY DISAGREE AND A 10 MEANS
TOTALLY AGREE. PLEASE PLACE YOUR RATING IN THE SPACE TO THE LEFT OF EACH QUESTION
1. Please assess the overall meeting.
9.17    The background information was very useful.
9.17    The agenda packet was very useful.
9.50    The objectives for the meeting were stated at the outset.
9.50    Overall, the objectives of the meeting were fully achieved.
9.50    Review of Samples and Video Demonstration of Consumer Fireworks Types.
8.33    NFPA Presentation on April 2007 Fireworks Statistics Report.
8.67    Industry Presentation on Consumer Fireworks Safety Statistics.
9.17    Discussion and Definition of Consumer Fireworks.
9.17    Review and Discussion of NFPA 1124 Provisions for Safety Standards for Retail Sales.
9.17    Discussion and Evaluation of Types of Consumer Fireworks.
9.17    Identification of Additional Issues and Options for Discussion and Evaluation.
9.17    Evaluation and Acceptability Ranking of Options.
9.50    Next Steps and Agenda Items For Next Meeting.

2. Please tell us how well the facilitator helped the participants engage in the meeting.
9.67 The participants followed the direction of the facilitators.
9.83 The facilitators made sure the concerns of all participants were heard.
9.67 The facilitators helped us arrange our time well.
9.83 Participant input was documented accurately.

3. What is your level of satisfaction with the meeting?
9.33    Overall, I am very satisfied with the meeting.
9.50    I was very satisfied with the services provided by the facilitators.
9.17    I am satisfied with the outcome of the meeting.

4. What progress did you make?
9.33    I know what the next steps following this meeting will be.
9.50    I know who is responsible for the next steps.

5. Do you have any other comments that you would like to add? We are very interested in
your comments.
 Great Job!


Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida   18
                Appendix #3, PUBLIC SIGN-IN LIST AND COMMENT FORMS
                 FLORIDA CONSUMER FIREWORKS TASK FORCE—DACS
                                 November 13, 2007 Tallahassee Florida

                                   FIREWORKS TASK FORCE
                                             SIGN-IN SHEET

                                             November 13, 2007

NAME                              AFFILIATION                        E-MAIL/PHONE

Mike Long                         FL DOF-DACS                        longm@doacs.state.fl.us

Ira Schwartz                      Industry                           idschwartz@aol.com

Les Hallman                       FL – DSFU                          Les.hallman@fldfs.com

Rick Farrell                      Industry                           rfarrel@bellsouth.net

Ken Welch                         Florida Assoc. of Counties         kwelch@pinellascounty.org

Tommy Glasgow                     Industry                           Glasgowt@tntfireworks.com

Trey McCarley                     None                               tmm@southlordcontracting.com

Tom Siegfried                     Estero Fire Rescue                 siegfried@esterofire.org

John Gatlin                       Tallahassee Fire                   gatlinj@talgov.com

Eric Prutsman                     FL Fire Chiefs Assn.               eric@prutsmanlaw.com

Alan Peirce                       Fl Fruit & Veg. Assn.              Alan.peirce@ffva.com

Erica Greig                       Student – soon in Marion

Annemarie Craft                   Stiles Taylor & Grace for          acraft@stileslawfirm.com
                                  Prevent Blindness

Rob Dowling                       St. Johns County                   rdowling@co.st-johns.fl.us

Dan Hickey                        Villages                           Dan.hickey@vccdd.org

Kristina Tompkins                 TNT Fireworks                      tompkinsk@tntfireworks.com

Charles Walker                    TNT Fireworks                      walkerc@tntfireworks.com

Joey Rodriguez                    Seminole County                    jrodriguez@seminolecountyfl.gov

Todd Spear                        Tampa Fire Rescue                  Todd.spear@tampagov.net

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida              19
Wm. Weimer                        Phantom Fireworks                  waweimer@fireworks.com

Patrick Cook                      Tampa Fireworks Assoc.             galaxyfire@aol.com

Sharon Hunnewell-Johnson          Galaxy Fireworks                   shunnewell@galaxyfireworks.com

Ricky Johnson                     Galaxy Fireworks                   galaxyfire@aol.com

Art Rawlins                       F? Fish                            813-737-3418

Gavin Burgess                     FL Fruit & Veg. Assoc.             521-0700

Maurice Majszak                   City of Tallahassee                Maurice.majszak@talgov.com

Tambre L. Lee                     Santa Rosa County                  tambrel@santarosa.fl.gov

Martha Edenfield                  Pennington Law Firm                martha@penningtonlaw.com

Steve Peavey                      Altamonte Springs                  speavey@altamonte.org

Lorraine Carli                    NFPA                               lcarli@nfpa.org

James Shannon                     NFPA

Olin Greene                       NFPA                               ogreene@nfpa.org

Jorja Greig                       Marion Co/Breeder of               jdarabians@earthlink.net
                                  Horses

Stuart Mcelhaney                  Marion County/FFCA                 Stuart.mcelhaney@marioncountyfl.org

Paul Nevels                       Marion County/FFCA                 Paul.nevels@marioncountyfl.org

Mike Feakss                       Orange County S.O                  Mike.feakss@ocfl.net

C. Scott Dudley                   Fl League of Cities                sdudley@flcities.com


                                  PUBLIC COMMENT FORMS

Below are the public comment forms submitted:

                      FLORIDA CONSUMER FIREWORKS TASK FORCE

                              November 13, 2007 – TALLAHASSEE, FL

Name:                     Erica Greig

Organization:             Private Citizen, Marion County



Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida          20
COMMENT:                 My friends over the years have abused all kinds of fireworks. Over an eight
year span my friends ranging from 10-years old to 29-years old have abused fireworks, and I would
like to share with you a few things they did. These boys would often have fireworks wars – setting
off aerial fireworks at each other. As long as it missed them, they walked away having a great time.
The others got burned and instead of going to the ER like they should have, they would suffer
through their injuries because of their friends. The fireworks abuse didn’t just happen between the
guys – They also abused animals. With cows, they would tie firecrackers to their tails and set them
off. They would also throw various fireworks at cats and dogs, seriously hurting them when/if they
got hit. I know now that fireworks are illegal and dangerous. And because of the abuse, all access
to fireworks should stop. Strengthen Statute 791 – As this has gotten out of hand. Thank you.

Name:                     Jorja Greig

Organization:             Private Citizen, Marion County, Horse breeder, owner, trainer and a “Mom”

COMMENT: My best friend is having another round of chemo today. This is her 3rd round of
chemo over the course of 5 years. But you don't know Glenda, and most likely never will meet her,
but I want you to know that she is one of the most gracious women that I've ever met; a wonderful
wife, and her three children adore her—

I'm sure that you can sympathize with her plight, and since you don't know her personally she
becomes just part of those statistics that we hear about thousands get cancer, and thousands die.
Too bad and it's sad.. .. Hey-it hasn't happened to any of us, so we move on, right?

And then there is three year old Michael Shannon-I've spoken of him before to you. A legal
consumer fireworks rocket embedded itself in his brain-at a family 4th of July party-But you didn't
know him, his personality, his love for life.. .and you won't be able to as he died from brain bum. I
bet it never crossed your mind that Michael would now be 20 years old., To you-he's just one of
those mortality statistics, that can happen; tragic, but not a surprise, as there can be deaths when
fireworks are set off-but since it hasn't happened to any of us, we just move on, right?

And we have little Zoie Evans who was watching a backyard display with her family this past 4 of
July, when a lit device toppled and the 5 year old was struck in her it punctured her lung, and caused
degree bums. mom, Emily Evans was quoted saying "In an instant, things can change. One minute
you're having fun. It was no one's fault. It was just a freak accident". And neighbor Aaron
Johnson, who was putting on the show was quoted as saying "It definitely changes the way I feel
about fireworks. And you know, the safety issue. No matter how safe you are being, you may not
be."

And again-she is one of those injury statistics, and since we don't know Zoie, we just move on,
right?

Then there is Lucky---he was a rescue horse that means he was neglected and starving-taken away
from some bad owners and given to a kind-hearted and caring woman, who fed him, and cared
enough to bring him back to health. Lucky also survived a category 3 hurricane in south Florida.
This past New Year's Eve his luck ran out when he was bombarded with the explosions and
fireworks overhead, set off by neighbors, and that cost him his life. That is a picture of Lucky-just
before Hurricane Wilma hit-those numbers are a way to identify him in case he got lost.. .
Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida       21
But Lucky is now just a statistic---and since we didn't know Lucky, and he was "just a horse” then
we just move on, right?
And meet "Butterscotch"---They say a picture speaks a thousand words, and I'm sure that
"Butterscotch” is speaking to you today-Another neighborhood fireworks display, another statistic,
and not your horse---and you didn't have to deal with this, or have to put him down---You didn't
meet the owner, nor do you care about her sorrow and grief, nor did you hear her scream for the
fireworks to stop.. . Hey, he's not our problem, and Butterscotch is "just a horse", so should this
stop us from setting off our backyard or neighborhood displays?

Why heck no! The words “tradition”, “patriotism”, and “family tradition” trumps all the above,
after all, Chinese made fireworks are what make Americans celebrate Americans right?

And these are just part of the statistics, and not things happened to us.. .Right?

Then why did the US Consumer Product Safety Commission recall 4000 "March or Die Fireworks
Devices. (The tubes on these fireworks devices could become loose, making the devices unstable
during use. If the device tips over during use, it could pose bum and injury hazards to bystanders-
The device measures and contains 500 grams-consists of nine, 3 inch tubes with a single fuse for
ignition)

Recall: 13,600 of 300 Shot Saturn Missiles Battery Fireworks-Hazard: These fireworks devices can
travel in an unexpected and dangerous direction, which could pose eye and other injury hazards to
bystanders.

Recall: 6 1,200 packages of six rockets. "Thunderstick Rocket Fireworks” Hazard: These rockets
are OVERLOADED with flash powder, violating the regulatory standard for this product.
Fireworks could explode with a greater force than expected and cause bums and bodily harm to
nearby consumers.
Recall: 9,000 units "Bat Out of Hell and Powder House Fireworks. Hazard: fireworks could
unexpectedly tip over during use, posing SERIOUS INJURY TO CONSUMERS.

Another recall: “T6” Titanium 6 Break Artillery Shell" from American Promotional Inc., but that
site has erased all the pertinent information.. .

All these (and there are many more) recalls suggests that the fireworks reaching our population is
safe, right?
We all didn't wake up this morning with “stupid” “naïve” written on our foreheads did we?

Consider this: The National Council on Fireworks Safety is a charitable organization-In my opinion,
those contributing financially are from the fireworks industry. And their sister organization;
American Fireworks Standard Laboratory is funded directly by the fireworks industry, where they
test these incendiary devices.
And recently the U.S. Consumer Product Safety Commission came under investigation as thousands
of dollars from the fireworks industry were spent on the CPSC executives taking trips to China-
From what I've read, no other government sanctioned safety organization has ever taken or
received monies from industries it's called to inspect and oversee their products. I wonder just what
that investigation will reveal....

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida     22
Seems like the fox is guarding the hen house, and all we have to do is follow the yellow brick road--
-And hey, this doesn't affect any of us directly, does it? Just ignore the guy, or in this case, the
fireworks industry, behind the curtain, who is trying for all he's worth to make sure you don't see
the real picture.
May God help us that no more children or animals become statistics.

Name:            Annemarie Craft

Organization:             Prevent Blindness America

COMMENT:                  Please see attached position statement




Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida     23
                                                                                                           FIREWOR
KS POSITION STATEMENT

Prevent Blindness America supports the development and enforcement of bans on the importation,
sale and use of all fireworks and sparklers, except those used in authorized public displays by
competent licensed operators, as the only effective means of eliminating the social and economic
impact of fireworks-related trauma and damage.

Note: Sparklers include two classifications, based upon the type of combustible used: Certain sparklers are classified as
1.4G fireworks (often called "consumer fireworks"),while others are classified as” novelties." Both types of sparklers
burn at 1800 degrees Fahrenheit. For the purposes of this paper, the term "sparklers" refers collectively to sparklers in
both classifications.

Prevent Blindness America promotes the following message:

        Fireworks are extremely dangerous!

        Do not purchase, use, or store fireworks or sparklers of any type.

        Protect yourself, your family and your friends by avoiding fireworks and sparklers.

        Attend only authorized public fireworks displays conducted by licensed operators, but be
         aware that even professional displays can be dangerous.

Recommendations

Prevent Blindness America supports model legislation that permits the public display of fireworks
under controlled conditions by trained and licensed personnel, but bans the importation, general
sale and indiscriminate use of all other types of fireworks by adults and children including
"consumer” fireworks and sparklers. In order to eliminate the health and economic impact of
fireworks accidents, Prevent Blindness America makes these recommendations:

        All state governments should adopt a uniform model law that would restrict the sale and use
         of fireworks-This would include laws banning the use of consumer fireworks known as Class
         or and all types of sparklers, and establishing standards and codes for public fireworks
         displays.

        Federal agencies should enact and/or rigidly enforce regulations prohibiting the importation,
         Internet/mail order and interstate transportation of consumer fireworks and sparklers.

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                      24
       The U.S. Consumer Product Safety Commission should work to ban the use of consumer
        fireworks and sparklers by the public.

       Health care practitioners and local authorities should consistently report any fireworks or
        sparkler-related injuries, property damages and deaths. Injuries and incidents can be reported
        to the U.S. Consumer Product Safety Commission by calling 1-800-638-2772 or sending an
        e-mail to info@cpsc.gov.

       All organizations and agencies concerned with the safety of the American public should
        intensify educational efforts to inform adults and children of the hazards associated with the
        use of all types of fireworks and sparklers.

General Facts About Fireworks

       Fireworks are classified in two categories: "Display" and "Consumer.” These categories were
        assigned by the U.S. Department of Transportation based on the United Nations'
        Recommendations on the Transport of Dangerous Goods.

        “Display Fireworks" are devices used by park districts for public exhibition. In 1966, the
        federal government outlawed all display fireworks from interstate commerce for private use,
        and also began to regulate the manufacture and sale of devices sold to the public

       "Consumer Fireworks” are any small device commonly bought over-the-counter. These are
        also referred to as Class C or 1.4G fireworks.

             o Ground fireworks, such as firecrackers, have a maximum allowable charge of 50
               milligrams of gunpowder.

             o Aerial devices, such as bottle rockets, have a maximum allowable charge of 130
               milligrams of gunpowder.

             o Other types of consumer fireworks are sparklers, roman candles, fountains and
               snakes.

Facts About Fireworks Injuries

       Fireworks were involved in an estimated 10.800 injuries treated in U. S. hospital emergency
        departments during calendar year 2005, 9.600 injuries during 2004, and 9.300 in 2003. There
        has been a statistically significant upward trend in fireworks injuries since 1996.

        Graph: Fireworks Injuries




Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida      25
       The Consumer Product Safety Commission study of 6,500 fireworks-related injuries
        occurring from June 18, 2005 to July 18, 2005 revealed:

             o More than twice as many males were injured as females.

             o Injuries to children were a major component of total fireworks-related injuries with
               children under 15 accounting for 45 percent of the estimated injuries.

             o Among different types of fireworks, firecrackers were associated with the greatest
               number of estimated injuries at 1,700, Rockets and sparklers were associated with
               1,100 injuries each.

             o Sparklers accounted for half the injuries to children less then 5 years of age.

             o The parts of the body most often injured were hands (estimated 2,000 injuries), eyes
               (1,600 injuries) and the head, face and ear (1,300 injuries).

       According to the U.S. Eye Injury Registry, bottle rockets are the most frequent cause of
        serious eye injury requiring hospitalization.

       Sparklers, which many parents consider safe for children, were the leading cause of all
        injuries reported in the U.S. Consumer Product Safety Commission 2002 Report. The 2005
        CSPC study reveals that-in a one month period-sparklers injured 200 people in the 25-44 age
        range and another people over 45 years old.

       Innocent bystanders are often at risk and rockets are often the cause. Rockets are
        unpredictable, and their flight path is erratic,

       According to the National Fire Protection Association, in a single year, fireworks will cause
        thousands of fires and millions of dollars in direct property damage. In 2003, an estimated
        reported structure or vehicle fires were started by fireworks. These fires resulted in 5 civilian
        deaths, 60 civilian injuries, and $29 million in direct property damage. In 2003, fires started
        by fireworks caused $58 million indirect property damage to structures.

       A study of 53 serious ocular fireworks injuries reported from the Eye Injury Registry of
        Alabama revealed surgical intervention was required in 56.6% of the cases. Bottle rockets
        were responsible for all surgeries in which the injured eye had to be removed. Permanent
        residual vision loss occurred in all but four cases.



Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida         26
Fireworks Control Laws

       Currently only five states ban the use of all fireworks for private use(Delaware,
        Massachusetts, New Jersey, New York, and Rhode Island);six states allow only sparklers
        and/or novelties; and 39 states and the District of Columbia allow consumer fireworks as
        approved by an enforcing authority or as specified bylaw.

       The enforcement of local, state and federal fireworks laws is extremely difficult. Illegal
        transportation of fireworks into states that have restrictive legislation is a common practice.
        Internet/ mail order sales of fireworks and/or the ingredients to manufacture fireworks are
        not regulated.

References

Michael A. Greene and James Joholske, 2005 Fireworks Annual Report-Fireworks-Realted Deaths,
Emergency Department-Treated Injuries, and Enforcement Activities During 2005, Consumer Products Safety
Commission, June 2006.
(http://www.cpsc.gov/LIBRARY/2005fwreport.pdf).

Camesaca, F.I., M.D., et al., Ocular Fireworks Injuries: Tissue Damage, Surgical Therapy and Visual Outcome
in 53 Cases, Birmingham, AL: U.S. Eye Registry, 1989.

Fireworks – Spectacular but Dangerous, Quincy, MA: National Fire Protection Association, 1989.

U.S. Consumer Product Safety Commission, National Electronic Surveillance System (NEISS),
Product Summary Reports, 1998.

Green M.A., Race P.M., 2003 Fireworks Annual Report: Fireworks-related deaths, emergency department
treated injuries, and enforcement activities during 2003. Consumer Product Safety Commission, June, 2004.
(www.cpsc.gov/LIBRARY/2002fwreport.PDF).


Founded in 1908, Prevent Blindness America is the nation's leading volunteer eye health and safety
organization dedicated to fighting blindness and saving sight. Focused on promoting a continuum
of vision care, Prevent Blindness America touches the lives of millions of people each year through
public and professional education, advocacy, certified vision screening training, community and
patient service programs and research. These services are made possible through the generous of the
American public. Together with a network of affiliates, divisions and chapters, it’s committed to
eliminating preventable blindness in America. For more information, or to make a to the sight-
saving fund, call 1-800-331-2020 or visit us on the web at www.preventblindness.org.

This publication is copyrighted. This sheet may be reproduced-unaltered, in hard
(photocopied)for educational purposes only. The Prevent Blindness America name, logo,
telephone number and copyright information may be omitted. Electronic reproduction,
other reprint, excerption or use is not permitted without written consent.
Adopted March 19, 2007


Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida           27
                          WILDLIFE CONTROL STATEMENT – Page 1

NAME:
COMPANY NAME:
ADDRESS:
ZIP:
PHONE NUMBER: ( )
DRIVER'S LICENSE: STATE:                                     #:
DATE OF BIRTH:                                              PLACE OF BIRTH:
SSN:                                                        or TIN:

1. CERTIFICATION OF BUYER -An untruthful answer may subject you to criminal
   prosecution. Each question must be answered with a "yes"or "no".

        a. Are you a fugitive from justice?

        b. Are you an unlawful user of, or are addicted to, marijuana or any depressant, stimulant
           or narcotic drug, or other controlled substance?

        c. Have you or the business entity ever been convicted in any court of a felony, or any
           other crime for which the judge could have imprisoned you for more than one year,
           even if you received a shorter sentence including probation? Definition: an indictment,
           information, or conviction in any Federal, State, local, or foreign court.

        d. Are you or the business entity under indictment or information in any court for a
           felony, or any other crime, for which the judge could imprison you for more than one
           year? An information is a formal accusation of a crime a prosecutor.

        e. Have you ever been adjudicated mentally defective (which includes having been
           committed to a mental institution?

        f. Have you ever been discharged from the Armed Forces under dishonorable conditions?

        g. Have you ever renounced your United States citizenship?
        h. Are you an alien in the United States? An alien means any person who is not a citizen
           or national of the United except that for the purposes of this form, an alien in the
           United States is not prohibited from shipping, receiving, or possessing explosive


Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida   28
             materials if the alien is a lawful permanent resident as defined Section 18 842(d) (7); (i)
             (5).

2. If are an alien in the United States, do you fall within the exception set forth in item listed
   above?

3. If you are 3 citizen of the United States, what is your INS-issued alien number or admission
   number?

PEST I DETER:                                     INVESTMENT I AM PROTECTING: (Type of
Birds or WILDLIFE)                         (Kind of CROP, STRUCTURE or AREA)




The purpose of this Statement is to identify the person(s) responsible for safe use of wildlife pest
control products purchased From Reed-Joseph International Company and to WARN those
persons that launchers and pyrotechnics DANGEROUS and must be used according to
instructions and with CAUTION.


 Our Wildlife Control Statement must be on file in our office before we ship pyrotechnics. We ask
     all customers to please complete, sign, and fax to 662.335.8850 prior to placing an order.

               Tel:    662.335.5822              sales@reedjoseph.com Fax: 662.335.8850




Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida        29
 Appendix 4 Consumer Fireworks Task Force Meeting and Delivery Schedule
     FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

             FLORIDA CONSUMER FIREWORKS TASK FORCE
           PROJECT DEVELOPMENT AND DELIVERY SCHEDULE



DATES                             ACTIVITIES


July-August, 2007                 Appointment of Florida Consumer Fireworks Task Force Members

September 26, 2007                Task Force Meeting #1—Organizational: mission, visioning, project
                                  scoping, and identification of issues              Tallahassee

October 25, 2007                 Task Force Meeting #2                                   Clearwater

November 13, 2007                Task Force Meeting #3                                   Tallahassee

December 6, 2007                 Task Force Meeting #4—Draft Recommendations Approval
                                 Public Workshops—Round One (Following Task Force Meeting)
                                                                                   Port St. Lucie

December 20, 2007                Task Force Meeting #5—Review of Public Comments
                                 Public Workshops—Round Two (Following Task Force Meeting)
                                                                                   Tallahassee

January 9, 2008                  Task Force Meeting #6—Adoption of Final Package
                                 of Recommendations                              Orlando

January 15, 2008                 Delivery of Final Recommendations to DACS and Florida Legislature




Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida        30
                                               Appendix #5
           DEFINITIONS AND TYPES OF CONSUMER FIREWORKS
                         November 13 Review
At the November 13, 2007 meeting the Task Force used this worksheet to review options for types
of fireworks for consumer use following the demonstration(s) of consumer fireworks.
Task Force members at the 10-25-07 meeting in Clearwater engaged in an initial review of the types
of consumer fireworks for consumer purchase and use in Florida, and determine whether each type
should have conditions and what those conditions should be (i.e., age limits, hours for use, specific
date(s) for use, location for use, set-backs from residential areas, allowable grams of pyrotechnic
composition, etc.).

3.1.1 GROUND AND HAND-HELD SPARKLING DEVICES (“SPARKLERS”)

These devices are ground-based or hand-held devices that produce a shower of white, gold or colored
sparks as their primary pyrotechnic effect. Additional effects may include a colored flame, an audible
crackling effect, and audible whistle effect, and smoke. These devices do not explode or produce a report (a
mild audible crackling-type effect is not considered a report.) Ground-based or hand-held devices that
produce a cloud of smoke as their sole pyrotechnic effect are also included in this category. Types of
devices in this category include:

Note: the age limit condition applies to the “purchase, use and possession” of the consumer
firework type.

a. Federal 200 grams as maximum for sparklers category of types
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 10-25                    4                   4                        0                        0
  200 grams
 10-25 200 Gr             8                   0                        0                        0
 and 18 age
 Nov. 13 ranking          8                   0                        0                        0
Member’s Comments and Reservations (November 2007):
   Les checked with staff and saw no difference between 100 and 200 other than duration.

3.1.1.1 Cylindrical Fountain Cylindrical tube containing not more than 75 g of pyrotechnic
composition. Upon ignition, a shower of colored sparks, and sometimes a whistling effect or
smoke, is produced. This device may be provided with a spike for insertion into the ground (Spike
Fountain), a wood or plastic base for placing on the ground (Base Fountain), or a wood or
cardboard handle to be hand held (Handle Fountain). When more than 1 tube is mounted on a
common base, total pyrotechnic composition may not exceed 200 g. (See section 3.5 for exceptions)
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Survey Ranking           1                   6                        1                        0
 of Firework Type
 without condition
 10-25rank- 200           6                   2                        0                        0
 gr, 18+
 purchase, use

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 31
 possession
 Nov. 13 ranking          8                   0                        0                        0
Member’s Comments and Reservations (November 2007):
             None
3.1.1.2 Cone Fountain Cardboard or heavy paper cone containing not more than 50 g of
pyrotechnic composition. The effect is the same as that of the cylindrical fountain. When more
than 1 cone is mounted on a common base, total pyrotechnic composition may not exceed 200 g.
(See section 3.5 for exceptions.)
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Survey Ranking           1                   5                        1
 of Firework Type
 without condition
 Survey Ranking           5                   2
 of Firework Type
 with conditions
 10-25 With 18            6                   2                        0                        0
 age/200gr.
 Nov. 13 ranking          8                   0                        0                        0
Member’s Comments and Reservations (November 2007):
          None

3.1.1.3 Illuminating Torch Cylindrical tube containing not more than 100 g of pyrotechnic
composition that produces a colored flame upon ignition. May be spike base or hand-held. When
more than 1 tube is mounted on a common base, total pyrotechnic composition may not exceed 200
g. (See section 3.5 for exceptions.)
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Survey Ranking           1                   5                        1                        0
 of Firework Type
 without condition
 Survey Ranking           4                   3                        0                        0
 of Firework Type
 with conditions
 10-25 Age limit          5                   3                        0                        0
 and 200gr
 Nov. 13 ranking          0                   0                        0                        0
Member’s Comments and Reservations (November 2007):
   May be “hand held” saw-- the reaction of the industry? Warning label will indicate as such.

3.1.1.4 Wheel Pyrotechnic device intended to be attached to a post or tree by means of a nail or
string. May have one or more drivers, each of which may contain not more than 60 g of
pyrotechnic composition. No wheel may contain more than 200 grams total pyrotechnic
composition. Upon ignition, the wheel revolves, producing a shower of color and sparks and,
sometimes, a whistling effect.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Survey Ranking           1                   4                        2
 of Firework Type
 without condition
 Survey Ranking           4                   2                        1

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 32
 of Firework Type
 with conditions
 Oct 25 Age limit         4                   2                        2                        0
 200gr
 Nov. 13 ranking          3                   4                        1
 Nov 13 2nd               3                   2                        3                        0
 ranking
Member’s Comments and Reservations (November 2007):
   Major reservation- not legal because it isn’t hand held or based. Demonstration revealed if
    not properly attached the ability to propel itself is a safety issue.
   Re ranked following above comment

3.1.1.5 Ground Spinner Small device containing not more than 20 g of pyrotechnic composition,
venting out an orifice usually on the side of the tube. Similar in operation to a wheel but intended to
be placed flat on the ground and ignited. A shower of sparks and color is produced by rapidly
spinning device.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Initial Ranking          1                   6
 of Firework Type
 without condition
 Initial Ranking          4                   3
 of Firework Type
 with conditions
 10-25 18, 20             5                   2                        1                        0
 grams, hard
 surface
 Nov. 13 ranking          8                   0                        0                        0
Member’s Comments and Reservations (November 2007):
   Les had major reservations- concerned about self propelled. Stays in generally one spot.
    Would change his rank now after consulting with staff.

3.1.1.6 Flitter Sparkler Narrow paper tube attached to a stick or wire and filled with not more than
5 g of pyrotechnic composition that produces color and sparks upon ignition. The paper at one end
of the tube is ignited to make device function.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Initial Ranking          2                   3                        0                         1
 of Firework Type
 without condition
 Initial Ranking          2                   2                        0                         1
 of Firework Type
 with conditions
 Age 18                   6                   2                        0                        0
 Nov.13 ranking           8                   0                        0                        0
Member’s Comments and Reservations (November 2007):
   none

3.1.1.7 Toy Smoke Device Small plastic or paper item containing not more than 100 g of
pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 33
(For devices containing less than 5 g of pyrotechnic composition, see Section 3.2, Novelties). Toy
smoke devices, when complying with the provisions of the section are classed as Fireworks, 1.4G
unless classed as 1.4S or not regulated as an explosive on the basis of examination and testing as
specified in Title 49 CFR, § 173.56.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Initial Ranking          2                   4                                                  1
 of Firework Type
 without condition
 Initial Ranking          2                   2                                                  1
 of Firework Type
 with conditions
 Age 18                   8                   0                        0                        0
 Nov.13 ranking           8                   0                        0                        0
Member’s Comments and Reservations (November 2007):
          None


3.1.1.8 Wire Sparkler/Dipped Stick These devices consist of a metal wire or wood dowel that has
been coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of
sparks is produced. Sparkler may contain up to 100 g of pyrotechnic composition per item. Certain
wire sparklers and dipped sticks are considered as Novelties under this Standard, see Section 3.2.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Initial Ranking          1                   4                        1                         1
 of Firework Type
 without condition
 Initial Ranking          4                   1                                                  1
 of Firework Type
 with conditions
 18 to buy and            7                   1                        0                        0
 use with adult
 supervision
 Nov.13 ranking           8                   0                        0                        0
Member’s Comments and Reservations (November 2007):
   none


3.1.2 AERIAL DEVICES

TASK FORCE CONSENSUS TESTING OF CONDITIONS FOR AERIAL DEVICES:

    a. Liability for local governments- provide a specific immunity clause (beyond
       sovereign immunity) for local government for liability related to the designated areas.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Ranking                  8                   0                        0                        0
 of Firework Type
 with condition(s)
 Nov. 13 ranking          8                   0                        0                        0



Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 34
    b. Designated area to be determined by local government for all permitted aerial
       devices to be determined by the local governments.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Ranking                  1                   3                        3                        0
 of Firework Type
 with condition(s)
 Nov. 13 ranking          8                   0                        0                        0


    c. Each county will select at least one area in the county for use of permitted aerial
       devices considering compatibility and safety issues.
    d. The statewide minimum for hours for the use of aerial devices will be July 1-5
       between 9 a.m.-11 p.m., Dec 31 New Year’s Eve., 5 p.m.- 1 a.m. Jan 1. Local
       governments can add to these dates for other holidays celebrated in their
       communities.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Ranking                  2                   4                        2                        0
 of Firework Type
 with condition(s)
 Nov. 13 ranking

    e. Providing for minimum of 25 contiguous acres and within 250 feet from property
       line.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Ranking                  0                   6                        2                        0
 of Firework Type
 with condition(s)
 Nov. 13 ranking          8                   0                        0                        0
Member’s Comments and Reservations (November 2007):
   Have two categories of places you can launch these. In urban areas
   Fire dept groups are opposed to aerial devices due to questions of where these go once
    launched.
   c. each delete “will” add “may”- maybe not a good fit and work out something with the
    county next to them.
   If you make it discretionary within a county. County could frustrate the legislative effort in
    adopting a statute by opting out. Noise and litter issue is primary issue. If moving it to fair
    grounds or other remote areas, resolve these conflicts. Create 1 location in each county.
   Problem of labor/costs needed for enforcement and control. Will be an unfunded mandate?
    Concerned with what might go bad in that situation. Opposition from public safety arena to
    this proposal.
   Are the fire departments satisfied with status quo? Need to help clarify enforcement.
   Want something that can work and is practical. Pinellas county experience. Analogous to a
    gun range. Fair grounds a good idea. Go with more powerful device with training and a
    permit. Better than having this happen in the neighborhoods.
   Home rule issue. Look at the situation now and get these more powerful ones.
   Enforcement issues when you have possession, you have to catch in the act because he says
    he’s going to the designated area. Laws written more for law-abiding citizen.

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 35
        Fire community prefers to keep illegal for an aerial device.
        What if you couldn’t possess them without permit or license.
        Funding issue is the underlying issue. If you can get funding for supervising these areas,
         provide support for training on what is safe at designated locations.
        Now you can possess these fireworks but not use/launch them. Concern with court case
         that put law enforcement at a disadvantage.
        Part of the fear is the unknown of what would happen here if this was put in place. Analogy
         to gun ranges etc. May deter shooting off in neighborhoods.
        Time frames for use-

    Aerial devices conditions
        Immunity clause for local government liability issues
        At least 1 Designated area in each county- sited in the right places not close to residential
        Times for use- noon to 11 p.m.
        Permit required for possession along with training
        Revenue from permitting to support maintenance, supervision/control/ clean up,
           training.
        25 acres/250 feet.
        Age limit for possession
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Ranking                  2                   4                        1                         1
 of Firework Type
 with condition(s)

Comments before ranking
     Timing- July 1? Noon – 11 p.m.
     Sometimes July 4 is a 4 day weekend. Start on Friday finish on Monday?

Reservations
    Point of sale information on where the designated site(s) and what would happen if don’t
      abide by these rules.
    Home rule and mandate
    Haven’t spoken to exactly how funded? Permit revenue source.
    What about those living around the designated area?
    Difference with ag? Going through safety program and need permit before purchase the
      aerial fireworks.
    Info at each sales area as to location for where they can use

Opt out clause for counties coming up with an inter-local agreement? To address where
there might not be a suitable site in one county?
Discussion before ranking
     Seems reasonable.
     Big counties might mean a long drive.
     Address cost sharing provisions in the interlocal agreement.


Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 36
        E.g. Jefferson County- no fair grounds. Land fill, schools.
        Renting private lands? Fits within the 25 acre perimeter condition?
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Ranking                  5                   1                        2                        0
 of opt out

Penalties
    Need teeth.
    Lose you permit.
    Possible fines- severe enough that message is clear you need to use these at designated sites.
    Any violation of 791 is currently 1st degree misdemeanor-up to $1,000 and up to a year in
       county jail. Majority of people cited are people selling not users. Users usually go through a
       plea bargaining process. Pre-trial diversion. Pay a fine, serve probation, community service,
       etc.
    Possessing aerial without permit. Subject to the same 1st degree misdemeanor.
    Does it need to be a felony?
    Charged with felony- shot intentionally at another? Driving an auto shooting at occupied
       dwelling and other cars.
    Intentionally firing outside the designated areas guilty of a felony? Unless wrote into law.
       Intent to cause property damage or bodily harm. Accidental not treated by it.
    Property and people are in danger in residential areas, went to designated areas, if firing off
       outside the designated area in a residential. Could recommend that this is a felony.
    Comparison with other similar crimes. To simply utilize the product outside designated areas
       probably would qualify as a felony if you used a test of comparability to other crimes.

Using outside the area or possessing without a permit. 1st degree misdemeanor.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Ranking                  4                   4                        0                        0
 of opt out
Reservations
     Transporting these and leaves permit at home. Can there be rule related to proving it on the
         spot. Fines are just as severe with hand guns.
     Look at hand gun law provisions. Good model, pretty restrictive. Share this with members
         before the December 6 Meeting.
     Mike Long will provide this to members.

3.1.2.1 Sky Rockets and Bottle Rockets Cylindrical tube containing not more than 20 g of
chemical composition with a wooden stick attached for guidance and stability. Rockets rise into the
air upon ignition. A burst of color and/or sound may be produced at or near the height of flight.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Initial Ranking          1                   3                         1                        2
 of Firework Type
 without condition
 Initial Ranking          2                   3                        0                         2
 of Firework Type
 with conditions



Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 37
Member’s Comments and Reservations (November 2007):
   Consider dropping “bottle rockets”?
   Could be another addition.
   Rank sky rockets and bottle rockets separately.

3.1.2.1 Sky Rockets
     More stable device. Length of stick different motor
     Reservations- launching.
    
                       4=acceptable   3= minor reservations   2=major reservations       1= not acceptable
 Initial Ranking   2                           3                       3                        0
 of Firework Type
 without condition

3.1.2.1 Bottle Rockets
     Sold in packets of 144. Less expensive.
     Ag use bottle rockets? In one instance.
     Using pistols to launch.
                       4=acceptable   3= minor reservations   2=major reservations       1= not acceptable
 Initial Ranking   2                            1                      4                         1
 of Firework Type
 without condition
Reservations
Previously expressed.

3.1.2.2 Missile-Type Rocket A device similar to a sky rocket in size, composition, and effect that
uses fins rather than a stick for guidance and stability. Missiles shall contain not more than 20 g of
total chemical composition.
                       4=acceptable   3= minor reservations   2=major reservations       1= not acceptable
 Survey Ranking             1                  2                       1                        3
 of Firework Type
 without condition
 Survey Ranking             2                  2                       1                        2
 of Firework Type
 with conditions
 Age limit,                 2                  3                       3                        0
 designated areas,
 liability immunity,
 rural private,
 minimum
 time/holidays
 Nov. 13 ranking            2                  4                       2                        0
Member’s Comments and Reservations (November 2007):
   Stands by itself. How stable in flight?
   Tend to go straight and true. Sometimes not placed on a flat stable surface.
   Kits for rockets. Motor is difference. Motor is 1/3 of those science kits. Some have



Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 38
Add a condition of consumer permitting for this that deals with safety education and
proficiency and is self supporting/revenue neutral.
                         4=acceptable   3= minor reservations   2=major reservations     1= not acceptable
 Ranking                      1                  3                       4                      0
 of Firework Type
 with condition(s)
 Nov. 13 ranking
Member’s Comments and Reservations (November 2007):


3.1.2.3 Helicopter, Aerial Spinner A tube containing not more than 20 g of chemical
composition, with a propeller or blade attached. Upon ignition the rapidly spinning device rises into
the air. A visible or audible effect may be produced at or near the height of flight.
                         4=acceptable   3= minor reservations   2=major reservations     1= not acceptable
 Survey Ranking               1                  2                       1                      3
 of Firework Type
 without condition
 Survey Ranking               1                  3                       1                      2
 of Firework Type
 with conditions
 10-25 Age limit,             2                  2                       4                      0
 designated areas,
 liability immunity,
 rural        private,
 minimum
 time/holidays
 Nov. 13 ranking              3                  2                       3                      0
Member’s Comments and Reservations (November 2007):
   none

3.1.2.4 Roman Candle Heavy paper or cardboard tube containing not more than 20 g of chemical
composition. Upon ignition, stars (see section 2.14) are individually expelled.
                         4=acceptable   3= minor reservations   2=major reservations     1= not acceptable
 Survey Ranking               1                  1                       3                      1
 of Firework Type
 without condition
 Survey Ranking               1                  4                       1                      1
 of Firework Type
 with conditions
 10-25 Age limit,             2                  3                       2                       1
 designated areas,
 liability immunity,
 rural        private,
 minimum
 time/holidays
 Nov. 13 ranking              3                  2                       3                      0
Member’s Comments and Reservations (November 2007):

3.1.2.5 Mine and Shell Devices Heavy cardboard or paper tube usually attached to a wooden or
plastic base and containing not more than 60 g of total chemical composition (lift charge, burst
charge, and visible/audible effect composition.) Upon ignition stars, components producing reports

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 39
containing up to 130 mg of explosive composition per report or other devices are propelled into the
air. The term mine refers to a device with no internal components containing a bursting charge, and
the term shell refers to a device that propels a component that subsequently burst to open in the air.
A mine or shell device may contain more than 1 tube provided tubes fire in sequence upon ignition
of 1 external fuse. The term cake refers to a dense-packed collection of mine/shell tubes. Total
chemical composition including lift charges of any multiple tube devices may not exceed 200 g (See
section 3.2). The maximum quantity of the lift charge in any one tube of a mine or shell device shall
not exceed 20 g, and the maximum quantity of break or bursting charge in any component shall not
exceed 25% of the total weight of the chemical composition in the component.
                         4=acceptable   3= minor reservations   2=major reservations     1= not acceptable
 Survey Ranking               1                  2                       1                      3
 of Firework Type
 without condition
 Survey Ranking               1                  3                       1                      2
 of Firework Type
 with conditions
 10-25 Age limit,             3                   1                      3                       1
 designated areas,
 liability immunity,
 rural        private,
 minimum
 time/holidays
 Nov. 13 ranking              2                  4                       2                      0
Member’s Comments and Reservations (November 2007):
   none

3.1.2.6 Aerial Shell Kit, Reloadable Tube A package (kit) containing a cardboard, high-density
polyethylene (HDPE) or equivalent launching tube and not more than 12 small aerial shells (see
4.1.1). Each aerial shell is limited to a maximum of 60 g of total chemical composition (lift charge,
burst charge, and visible/audible effect composition), and the maximum diameter of each shell shall
not exceed 1.75 inches. In addition, the maximum quantity of lift charge in any shell shall not
exceed 20g, and the maximum quantity of break or bursting charge in any shell shall not exceed 25%
of the total weight of the chemical composition in the shell. The total chemical composition of all
shells in a kit, including lift charge, shall not exceed 400 g for approval under provisions of this
Standard. The user lowers a shell into the launching tube, at the time of firing, with the fuse
extending out of the top of the tube. After firing, the tube is reloaded with another shell for the
next firing. All launching tubes must be capable of firing twice the number of shells in the kit
without failure of the tube. Each package of 12 shells must comply with all warning label
requirements of CPSC.
                         4=acceptable   3= minor reservations   2=major reservations     1= not acceptable
 Survey Ranking               1                  2                       1                      3
 of Firework Type
 without condition
 Survey Ranking               1                  2                       1                      2
 of Firework Type
 with conditions
 10-25 Age limit,             2                   1                      4                       1
 designated areas,
 liability immunity,
 rural        private,
 minimum

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 40
 time/holidays
 Nov. 13 ranking          2                   3                        3                        0
Member’s Comments and Reservations (November 2007):
   none




3.1.3 AUDIBLE GROUND DEVICES

3.1.3.1 Firecracker Small, paper-wrapped or cardboard tube containing not more than 50 mg of
explosive composition, those used in aerial devices may contain not more than 130 mg of explosive
composition per report. Upon ignition, noise and a flash of light are produced.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Survey Ranking           1                   3                        1                        2
 of Firework Type
 without condition
 Survey Ranking           3                   3                                                 1
 of Firework Type
 with conditions
 Time condition-          4                   3                        0                        0
 9 am- 9 pm
 Time and Age             4                   2                        2                        0
 conditions
 Nov. 13 ranking          4                   3                        1                        0
Member’s Comments and Reservations (November 2007):
   Not legal currently. Has an explosive compound.
  

3.1.3.2 Chaser Paper or cardboard tube venting out the fuse end of the tube containing not more
than 20 g of chemical composition. The device travels along the ground upon ignition. A whistling
effect, or other noise, is often produced. Explosive composition may be included to produce a
report but may not exceed 50 mg.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Survey Ranking           1                   1                        2                        2
 of Firework Type
 without condition
 Survey Ranking           1                   3                        1                        1
 of Firework Type
 with conditions
 Time and Age             0                   1                        6                         1
 conditions
 Nov. 13 ranking          1                   2                        5                        0
Member’s Comments and Reservations (November 2007):
          None


3.2 NOVELTIES
Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 41
The following devices do not require approval from DOT and are not regulated as explosives under the
provisions of this Standard, provided that they are manufactured and packaged as described below. Any
devices not complying with the requirements set forth in this section require approval from DOT, and are
classified as Fireworks 1.4G and described as Fireworks, UN0336 unless they are classed as 1.4S or not
regulated as a hazardous materials based on examination and testing as specified in Title 49 CFR § 173.56.
Devices described in this section which are not regulated as explosives are not considered to be consumer
fireworks; however, these devices must comply with all labeling requirements of CPSC applicable to
consumer fireworks devices. Novelties must be packaged in strong outer packagings that are sealed to
prevent leakage of the contents. Each package, and overpack, if used, offered for surface transportation
must be plainly marked. NOVELTIES NOT REGULATED EXCEPT WHEN TRANSPORTED BY
AIR, IN CONFORMANCE WITH APA STANDARD 87-1. If novelties are transported by aircraft, they
must be classed, labeled, and described as Flammable Solid, Inorganic, n.o.s (Novelties), UN3178.

November 13: Keep as is under current law all of the Novelties Types 8-0

3.2.1 Party Popper Small devices with paper or plastic exteriors that are actuated by means of
friction (a string or trigger is typically pulled to actuate the device). They frequently resemble
champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant paper
streamers, confetti, or other novelties and produces a small report. Devices may contain not more
than 16 mg (0.25 grains) of explosive composition, which is limited to potassium chlorate and red
phosphorus. These devices must be packaged in an inner packaging which contains a maximum of
72 devices.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Survey Ranking           4                   2                                                 1
 of Firework Type
 without condition
 Survey Ranking           2                   1                                                 1
 of Firework Type
 with conditions
 Keep as is               8                   0                        0                        0
 Nov. 13 ranking          8                   0                        0                        0
Member’s Comments and Reservations (November 2007):
          None

3.2.2 Snapper Small, paper-wrapped devices containing not more than 1.0 mg of silver fulminate
coated on small bits of sand of gravel. When dropped, the device explodes, producing a small
report. Snappers must be in inner packages not to exceed 50 devices each, and the inner packages
must contain sawdust or a similar, impact-absorbing material.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Survey Ranking           4                   2                                                 1
 of Firework Type
 without condition
 Survey Ranking           2                   1                                                 1
 of Firework Type
 with conditions
 Keep as is               8                   0                        0                        0
 Nov. 13 ranking          8                   0                        0                        0
Member’s Comments and Reservations (November 2007):

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 42
                     None

3.2.3 Toy Smoke Devices Small devices consisting of cork-like spheres, or cardboard or plastic
tubes, containing not more than 5 g of pyrotechnic composition that produces a small cloud of
smoke after activation. The devices are typically ignited by means of safety fuse. The other
configuration is usually a sphere (smoke ball), cylindrical tube, or paper cone. The chemical
composition for white smoke consists of potassium nitrate and sulfur, while colored smokes are
produced by mixtures consisting of potassium chlorate, sulfur or sugar, and a sublimable organic
dye. Mixtures containing potassium chlorate must also contain a neutralizer/coolant such as sodium
bicarbonate. To be eligible for not regulated status, these devices must produce smoke as their sole
pyrotechnic effect following ignition, and must be packaged in inner units containing a maximum of
72 devices.
                       4=acceptable   3= minor reservations   2=major reservations       1= not acceptable
 Survey Ranking              3                 2                                                1
 of Firework Type
 without condition
 Survey Ranking              1                 2                                                1
 of Firework Type
 with conditions
 18       purchase,          8                 0                       0                        0
 adult supervision
 for use under 18
 Nov. 13 ranking
Member’s Comments and Reservations (November 2007):
          None

3.2.4 Snakes, Glow Worms Pressed pellets of pyrotechnic composition that contain 2 g or less of
composition per article. Upon burning, they produce a snake-like ash that expands in length as the
pellet burns. Chemical compositions vary, but typically contain ammonium perchlorate, nitrated
pitch, asphaltum, and similar carbonaceous materials. These devices are limited to a maximum of 25
pellets per inner package in order to be transported as not regulated devices.
                       4=acceptable   3= minor reservations   2=major reservations       1= not acceptable
 Survey Ranking              3                 3                                                1
 of Firework Type
 without condition
 Survey Ranking              2                 2                                                1
 of Firework Type
 with conditions
 18      purchase,           8                 0                       0                        0
 adult supervision
 Nov. 13 ranking
Member’s Comments and Reservations (November 2007):
          None

3.2.5 Wire Sparklers, Dipped Sticks These devices consist of metal wire or wood dowel that has
been coated with pyrotechnic composition. Upon ignition of the tip of the device, a shower of
sparks is produced. Sparklers may contain up to 100 g of composition per item. Sparklers typically
use barium nitrate as the oxidizer, with aluminum and dextrine as fuels. Iron filings produce the
spark effect. Color-producing sparklers use potassium perchlorate as an oxidizer. Any sparkler

Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 43
containing a chlorate or perchlorate oxidizer is limited to a maximum of 5 g of composition per
article. Sparklers must be packaged in inner packagings that contain 8 devices or less to be
transported as not regulated devices.
                     4=acceptable   3= minor reservations    2=major reservations        1= not acceptable
 Survey Ranking           3                   3                                                 1
 of Firework Type
 without condition
 Survey Ranking           2                   2                                                 1
 of Firework Type
 with conditions
 18                       8                   0                        0                        0
 purchase/adult
 supervision
 Nov. 13 ranking
Member’s Comments and Reservations (November 2007):
          None




Consumer Fireworks Task Force Draft Meeting III Summary 11-13-07, Tallahassee, Florida                 44

				
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