That all changed Nov. 21 when Gov. Andrew Cuomo signed into law Chapter 477. The bill placed further restrictions on dangerous fireworks but also gave the opportunity for counties across the state to opt-in to allow the sale of “sparkler devices.” The devices were deemed by the governor to pose little to no danger to the public and by restricting their sale was hindering business and personal enjoyment.
In January, the topic of fireworks first came up in the Niagara County Legislature. At that time, many of the legislators were in favor of allowing the public to have sparklers.
What has changed since then was the opposition from many of Niagara County’s fire officials.
In preparing for the vote, Niagara County legislators on the community safety and security committee heard from two representatives from TNT Fireworks and a representative from the Niagara County Fire Chiefs Association.
Marc Kasprzak, the spokesperson for the group of Niagara County fire chiefs in attendance, spoke out against approving sparkler devices. Kasprzak said they could start fires or burn people, especially children under 15.
Last week members of the Niagara County fire advisory board met and voted against the resolution. The group against legalizing sparkler devices in Niagara County included members of the Firemen’s Association of the State of New York (FASNY), the Niagara County Fire Chiefs Association, the county Firefighters Association and the county Fire Police Association.
Kasprzak said in 2011 nationally there were 9,600 emergency room visits due to fireworks. He reported 54 percent of that number was from burns and 34 percent were caused by sparklers, fountains and novelty items. Also, of that number, 26 percent were kids under 15.
He also reported that fireworks cause two out of every five fires on July 4 each year.
Legislature Vice Chairman Clyde Burmaster, R-Ransomville, a former firefighter, said he does not believe that fact.
“I don’t recall once going to a fire caused by a firework,” he said. “I’m not denying they are a hazard.”
Legislator David Godfrey, R-Wilson, committee chair, also a former firefighter, said he can recall responding to several calls where someone was burned from a firework, but there’s only one fire he could remember that was caused by a firework.
Melissa Goduti, regional director, and Jim Boyachek, vice president/director of chain stores for TNT spoke in favor of allowing sparkler devices to be sold.
Legislator Michael Hill, R-Hartland, expressed his concern about a YouTube video where metal sparklers are used to blow up things, such as a toilet. Though the sparklers that would be sold in New York would be wood, he questioned if they too could cause the same results.
“One thousand sparklers blew a toilet into hundreds of pieces,” he said.
Boyachek said they did not have the answer to that question, but could say the sparklers sold would be “unique to New York” and their potency would be less than what can be purchased in state close by, such as Pennsylvania.
Goduti said those videos are showing people taking fireworks, altering them from their original purpose an making an illegal item.
She said metal sparklers are already illegal in the county, yet people can still get them. She said people can go to Erie, Penn. now if they want fireworks, but studies have shown that if some type of firework is sold in their community, less people will travel to another state to purchase illegal fireworks.
“They are not going to bring them into the community when they can get it here,” she said.
This prevents people from “a lot more injury prone” fireworks, Boyachek said. He said in both Connecticut and Rhode Island, when similar laws were passed, they saw their injury rates go down.
“They aren’t buying the big stuff that is a lot more dangerous,” he said.
Goduti said selling sparkler devices will also drive more sales tax into the community and provide summer jobs.
“It’s all about education,” she said.
Legislator Richard Updegrove, R-Lockport, who is one of the legislators sponsoring the resolution, asked if sparkler devices present such a high injury to children, “why would the Gov. Cuomo allow it?”
“I’m having trouble understanding why Cuomo signed,” he said.
The two TNT representatives said that in a year, fires caused by fireworks make up .1 percent nationally.
Goduti said according to the National Fire Protection Association 1124 safety code, fishing, going on an ATV, softball, a trampoline and bicycling come at a greater safety risk to children ages 2 to 15 than a sparkler device.
“Are we supposed to make it illegal to bicycle?” she asked.
“Whether it’s one injury, 100 injuries or 100,000 injuries, same with fires, the outlook of the volunteer fire service and the career fire service in Niagara County is one is too many,” Kasprzak said.
Legislator Jason Zona, D-Niagara Falls, a firefighter, said in Niagara Falls they receive thousands of calls more than the rest of the county and he has seen people have their fingers blown off by firecrackers and M-80s, but they were not caused by a sparkler.
Zona said at the end of last meeting he was prepared to vote yes, but after hearing the opposition from firefighting organizations around the county, he is prepared to now “probably vote against” the resolution. He said the legislature appoints the fire advisory board every two years to advise them on safety, so legislators should listen to them.
“It’s pretty clear we should not be supporting it,” Zona said.
If approved, stores like Walmart, will be able to carry certain fireworks such as cone and cylindrical fountains, — that go no higher than 10 feet in the air and lasts no more than 20 seconds — wooden sparklers, party poppers and snappers.
Sparkler devices would only be sold between June 1 to July 5 and Dec. 26 to Jan. 2. All distributors, manufacturers and retailers would have to be licensed through the Department of State and only those 18 and older could make purchases.
Legislators asked for more information from Kasprzak on Niagara County numbers of fires and injuries caused by fireworks on the Fourth of July and New Year’s Eve.
“They are already here and they are all over the place,” Legislator Richard Andres, R-North Tonawanda, said. “I don’t know if making this law or not making this law is going to have any impact on what actually happens.”
He said he would be interested in knowing the county numbers, however, to see if that is accurate.
Kasprzak said currently, if someone want to purchase a firework illegally they have to go and find one.
“They are not at the checkout line at Walmart ... like they potentially could be,” he said.
A public hearing will take place at 6:45 p.m. Tuesday with the vote likely to follow.
Fireworks are currently allowed in 47 states.
Contact reporter Rikki Cason at 439-9222, ext. 6252.
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