FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FLORIDA CONSUMER FIREWORKS TASK FORCE DEFINITIONS AND TYPES OF CONSUMER FIREWORKS Summary of Survey Responses C.O.B., October 19, 2007 Members Responding: Michelle Berger, Rickey Farrell, Tommy Glasgow, Les Hallman, Mike Long, Ira Schwartz Ken Welch Members Not Responding: Trey McCarley, Definition for “Consumer Fireworks” Respondents provided a definition that each would like the Task Force to evaluate at the October 25, 2007 meeting. o Consumer fireworks are those approved on a list maintained by the Florida State Fire Marshals office and which are sold for individual use. o Any small firework device designed to produce visible effects by combustion and which must comply with the construction, chemical composition, and cautionary labeling regulations of the CPSC, as set forth in title 16, Code of Federal Regulations, parts 1500 and 1507. Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 50mg or less of explosive materials, and aerial devices containing 130mg or less of explosive materials. The U.S. Dept of Transportation (DOT) at 49 CFR 172.01 classifies consumer fireworks as fireworks UN0336 and UN0337. (Not all fireworks covered by this definition are allowed for consumer use in the State, however may be allowable for wholesale under certain conditions defined within this law.) o Retail purchase of product that does not explode or launch. o The term "consumer fireworks" shall mean and include: Any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and which complies with the provisions for "consumer fireworks" as defined in the American Pyrotechnics Association (APA) Standard 87-1, or any successor standard. However, the term Consumer Fireworks shall not include devices defined as "ground and hand-held sparkling devices," "novelties" and "toy caps" in APA Standard 87-1, the sale, possession and use of which shall be permitted at all times throughout this State. o A definition of “display fireworks” would clarify that display fireworks are not available to the general public. o Consumer Fireworks include sparklers, novelty items and noisemakers as defined under current Florida law. Licensed Consumer Fireworks are slightly more powerful fireworks, which are less powerful than professional grade fireworks, and are only sold to Fireworks Task Force Definitions Survey Summary 1 consumers who have received a license and training to use such fireworks. Licensed consumer fireworks (as opposed to regular Consumer Fireworks) can only be sold to, and used by, licensed consumers who are permitted to use the fireworks only in non- residential areas. o Consumer fireworks: fireworks for public use, also known by the DOT Classification 1.4 G or UN0336. Consumer fireworks must be tested and approved by the Consumer Product Safety Commission (CPSC) and the American Fireworks Safety Laboratory (AFSL), can contain not more than 500 grams of pyrotechnic composition and no more than 130 milligrams of flash powder in aerial effects. Sparklers are not consumer fireworks. o "Consumer fireworks" means small fireworks devices that are designed to produce visible effects by combustion and that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507 and that are listed in APA Standard 87-1. A Definition for “Consumer.” Respondents provided a definition that each would like the Task Force to evaluate at the October 25, 2007 meeting. o Any individual, company, association, or family that purchases an item solely for their personal use. o Person purchasing a product for personal use. o A “Consumer” is defined as some one whom consumes. Thus, a definition of consumer is not relevant nor within the scope of this task force. Primarily because a consumer is ultimately everyone and there is no need whatsoever for this task force to render a definition. Instead of trying to define consumer, restrictions on who can purchase consumer fireworks would resolve the issue such as a restriction on age to purchase. o A non-professional who uses fireworks for private (non-public, ex. municipal) displays. o Any person that purchases fireworks for other than licensed and permitted public displays or at wholesale. o Individual that pays retail for a product and pays retail tax. Survey Instructions: Please consider which Types of Consumer Fireworks listed in the American Pyrotechnics Association (APA), Standard 87-1, (Department of Transportation’s Hazardous Materials Regulations in Title 49, CFR)3.1, you believe should be part of the Task Force’s definition of “consumer fireworks.” 3.1 TYPES OF CONSUMER FIREWORKS 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 Fireworks Task Force Definitions Survey Summary 2 their sole pyrotechnic effect are also included in this category. Types of devices in this category include: 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 Initial 1 6 1 Ranking of Firework Type without condition 4=acceptable 3= minor reservations 2=major reservations 1= not acceptable Initial 5 2 Ranking of Firework Type with conditions Check which of the following conditions, if any, should apply in terms of this type of consumer fireworks: _7__Age limits for use _4__Location for use _1__Set-back distance from residential areas _2__Hours for use ___Specific dates such as new year’s eve and the fourth of July, etc. _1__Other-_should not exceed 100 g. _1__Other-_single tube only Comments o I am a 4 with age, location, set-back, and hours conditions plus should not exceed 100 g., otherwise a 2 o I am a 4 with age limits and single tube only. Otherwise a 3. o I am a 3 with age limits, locations and hours conditions. Otherwise a 4 without conditions (See comments on 3.1.1.1 above) Most all handheld and ground based sparkling devices are currently allowed in Florida with no age limit. An age limit from 16 to 18 years of age to purchase these devices is consistent with recently past and existing legislation in other states. Of all of the states that allow consumer fireworks use with age restrictions, only AR, LA, MS, ND and OK have age limitations of less than 16 years of age. In addition, hand held and ground based sparklers should be allowed to be used and possessed at all times throughout the state. They should also be allowed to be sold at all times throughout the state with the current state permit structure for such devices. There can be a restriction for use on public property for these devices. Education can play a major role in describing where and how items should be used. o I am a 4 with age and location conditions. Otherwise a 3. o I am a 3 with or without conditions Fireworks Task Force Definitions Survey Summary 3 o I am a 4 with age limit condition (Sold to 18 and older. Use age can be discussed) Otherwise 3. o I am a 4 with age limit and location conditions. Otherwise a 3. 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 Initial 1 5 1 Ranking of Firework Type without condition 4=acceptable 3= minor reservations 2=major reservations 1= not acceptable Initial 5 2 Ranking of Firework Type with conditions Check which of the following conditions, if any, should apply in terms of this type of consumer fireworks: _7__Age limits for use _4__Location for use _2__Set-back distance from residential areas _2__Hours for use _1__Other-_should not exceed 100 g. _1__Other-_single tube only Comments o I am a 4 with age, location, set-back, and hours conditions plus should not exceed 100 g., otherwise a 2 o I am a 4 with age limits and single tube only. Otherwise a 3. o I am a 3 with age limits, locations and hours conditions. Otherwise a 4 without conditions (See comments on 3.1.1.1 above) o I am a 4 with age, location and set back conditions. Otherwise a 3. o I am a 3 with or without conditions o I am a 4 with age limit condition (Sold to 18 and older.