HomeMy WebLinkAboutMN-BFC-2015-04-14City of Ithaca Board of Fire Commissioners Meeting Minutes
Tuesday, April 14, 2015
Present:
Chair Gilligan
Commissioners Hoard, Ellsworth, Sparks
Others Present:
Fire Chief Parsons
Information Management Specialist Myers
Excused:
Alderperson Fleming
Call to Order:
Chair Gilligan called the meeting was called to order at 1603 hours.
Approval of Minutes:
Approval of the February 10, 2015 Board of Fire Commissioners Meeting Minutes -
Resolution
By Commissioner Sparks: Seconded by Commissioner Ellsworth
RESOLVED, That the minutes of the February 10, 2015 Board of Fire Commissioner meeting
be approved as published.
Carried Unanimously
Approval of the March 10, 2015 Board of Fire Commissioners Meeting Minutes -
Resolution
By Commissioner Hoard: Seconded by Commissioner Ellsworth
RESOLVED, That the minutes of the March 10, 2015 Board of Fire Commissioner meeting be
approved with noted corrections.
Carried Unanimously
Additions to or Deletions from the Agenda:
Chair Gilligan requested the addition of the following items under “New Business”:
Discussion on Tompkins County’s proposed Local Law, which ties in to a change in the New
York State Fire Code, that would allow “sparklers” to be removed from the definitions of
dangerous fireworks list.
Request for Money from the Donation Fund - Discussion
No Board Member Objected.
Persons Wishing to Speak to the Board of Fire Commissioners:
Mr. Lyman Baker provided the following report for the Board regarding hours worked in the City
of Ithaca Cemetery – Firemen’s Section:
Board of Fire Commissioners Meeting Minutes April 14, 2015
2
“Dear Board,
Raymond B. Wheaton and Lyman E. Baker have picked up branches and cleaned up the area
in the Firemen’s section of the City of Ithaca Cemetery for a total of 4 hours each.
In addition, we will be replacing the United States Flag, if the Board of Fire Commissioners
would like to purchase a new flag for that site, it would be greatly appreciated. If that is not
possible, Mr. Wheaton and I will pay for a new flag.
Thank You,
Lyman E. Baker, IFD #3258
Ithaca, NY 14850-5100”
Chair Gilligan requested another addition to the agenda under “New Business” regarding the
above request for a new flag at the City of Ithaca Cemetery – Firemen’s Section.
No Board Member Objected.
Correspondence:
Chair Gilligan reported that the bank statement from Tompkins Trust Company for the donation
fund dated March 31, 2015 had a beginning balance of $2,801.61 and an ending balance of
$2,801.61 reflecting no activity.
Chair Gilligan further reported that the bank statement from Tompkins Trust Company for the
Rescue Squad Donation fund dated March 31, 2015 had a beginning balance of $1,844.94; and
an ending balance of $1,845.06 reflecting .12 earned in interest.
Chair Gilligan further reported that the Board received its annual invitation to attend Cayuga
Medical Center’s Annual Board Meeting, which is scheduled for April 29th. A brief discussion of
the event occurred with Commissioner Hoard considering attending on behalf of the Board.
Chair Gilligan shared the following request that Raymond Wheaton, Retired Assistant Fire
Chief/Fire Marshall - Ithaca Fire Department, received from Retired IPD Officer Anthony
Scaglione with the Board:
“Dear Fire Commissioners,
Approximately two years ago, retired Ithaca Police investigator Dale Johnson and I had a
discussion regarding whether or not fallen police officer Sgt. William Chapin's name had been
placed on the National Police Memorial. (Sgt. Chapin worked for Ithaca College Campus Police
and New York State Park Police, and was killed in the line of duty on 3/19/86 as he attempted to
rescue two hikers trapped on the ice in Buttermilk Falls Gorge). That discussion turned into a
two-year project involving the Ithaca College Campus Police, the New York State Park Police
and the Southern Tier Law-Enforcement Memorial Association. Last month, we were informed
by the National Law Enforcement Memorial Foundation that Sgt. Chapin's name will be placed
Board of Fire Commissioners Meeting Minutes April 14, 2015
3
on the National Police Memorial in Washington, D.C. and his name will be read at the memorial
during the National Police Memorial's Candlelight Vigil on May 13, 2015. Our goal is to raise
approximately $3,000.00 to offset the expenses of Sgt. Chapin's surviving sister, Joanne
Talamo (Chapin) and her son Brian, who would like to attend the vigil and National Police Week
Activities in Washington, D.C.
I have taken the liberty of assisting Joanne and Brian register with the “Concerns of Police
Survivors (COPS)” group that oversees several of the activities in Washington, D.C.
COPS will cover some of the meals during the week, the emotional support services for
surviving family members, and transportation from the hotel to all police week activities.
However, COPS will not be able to cover hotel and travel expenses.
Joanne and Brian are on a limited income and are in need of financial assistance in order to
attend police week. On behalf of them, I am asking for any financial assistance that the Board of
Fire Commissioners could provide them. Bill Chapin was one of the finest public servants the
Ithaca community could ever have. He was not only a highly respected and dedicated police
officer he was also a volunteer firefighter, a paramedic and an emergency dispatcher. He
dedicated his life to emergency services and gave his life trying to save others. For such a
sacrifice, I truly believe this is the right thing to do for his surviving family members. I appreciate
your consideration in this matter. If you have any questions feel free to contact me anytime.
Warm regards, Tony Scaglione
City of Ithaca Police (Retired)”
Chair Gilligan suggested this item be placed under “New Business” for further discussion. No
Board Member objected.
Membership Changes:
Chair Gilligan reported that there were no new applications or changes to report at this time.
Miscellaneous Reports:
A. Town of Ithaca: No report
B. City of Ithaca: No report
C. Audit:
The audit was reviewed and approved by Commissioner Ellsworth
Department Reports:
Fire Chief:
Chief Parsons highlighted the following items from his monthly report for the Board. The report
will be attached to the minutes:
The department is fully staffed, which has not been the case in a long time.
The following staff changes took place within the last month:
Board of Fire Commissioners Meeting Minutes April 14, 2015
4
Fire Lt. Robert Covert II was promoted to Assistant Fire Chief on March 10th, 2015. The
promotion fills the vacancy caused by Assistant Fire Chief LaBuff’s retirement.
Firefighter James Wheal was promoted to Fire Lieutenant on March 10th, 2015. The promotion
fills the vacancy caused by Lt. Covert’s promotion.
Firefighter Dylan Watros was hired on March 30th, 2015. The hiring fills the vacancy caused by
Firefighter Wheal’s promotion to Fire Lieutenant.
Tompkins County 9-1-1 Center: The County is continuing to upgrade technology in the 9-1-1
Center. The upgrades will allow for more streamlined paging and fewer tones being transmitted
when dispatching any particular department. It has also installed a new recording system that
will allow for better auditing and review of incidents. The recording system was funded by a
New York State grant. The Center is also developing an inter-operable system that will allow
emergency responders to better communicate with other emergency responders in adjoining
counties. Right now, none of those counties use the same technology as each other or
Tompkins County. There will be a lot of inter-facing that will need to be done to make the
system work for everyone.
Grants and Donations: The 2014 Assistance to Firefighters Grant Application was submitted on
December 5, 2014. The grant request is to fund the replacement of the department’s 15 year
old Self-Contained Breathing Apparatus. The department received a request for additional
information from FEMA regarding the application. It is currently under FEMA staff review, and
the department is awaiting those results. The Chief reported that it is an encouraging sign that
FEMA has requested additional information as that means the application is under further
review which may result in FEMA awarding the grant to the City.
Code Enforcement: The department has been very busy doing a lot of inspections at Cornell
University and Ithaca College.
Fire Investigation: The fire at 425 North Cayuga Street in March was determined to be
accidental due to work being done to thawe frozen water lines.
Public Education Events: There were a couple of child safety seat inspection events held in
March.
For the first quarter of 2015 the overall call volume was under last year by 30-40 calls.
March was a relatively slow month; whereas, April has come in with a roar and the department
has been very busy.
Last year the New York State Auditors for the City of Ithaca, by a random selection process,
chose the Ithaca Fire Department to audit. The audit reviewed the department’s compliance
with certain elements of fire prevention and fire code (i.e. fire evacuation planning/drills/ etc.)
They also randomly selected a number of properties for inspection of the above items; the
inspection/evaluation contained nine elements. Out of a thousand or more inspections if just one
element was missing the above information (even though all the other items were found to be in
Board of Fire Commissioners Meeting Minutes April 14, 2015
5
compliance) would result in a poor report for the department from the auditors. Since then, the
fire department has implemented the auditor’s recommended changes for improvement.
However, it is getting a lot of community push back because some of the inspection
requirements are onerous and not practical. He wanted to let the Board know that, in the mear
future, there would be a media release related to the Ithaca Fire Department Fire Prevention
Bureau regarding the lack of compliance with New York State Code requirements.
Commissioner Hoard asked what the one item out of compliance was. Chief Parsons
responded that it was not having a map that shows where to locate during a fire and the location
of fire hydrants.
Chief Parsons stated that he is not troubled or upset as a result of the audit because it's the way
the New York State Controller's office operates. The fire department has received a lot of
compliments, and this is just one area found not to be compliant.
Chief Parsons reported that the fire department has been very busy this week beginning on
Sunday, April 12 through today with the following incidents:
Sunday, the department was very busy over a 12 hour period with 3 near miss fires, which were
contained but were the kind that triggered full assignment alarms from Sunday night into
Monday morning.
Monday night, crews responded to a significant read from a carbon monoxide detector; a stolen
car on fire and at 4:30 a.m. today crews responded to 402-404-406 Stewart Avenue for two
buildings on fire; at this point they are not sure where it started. Crews did great job containing
the fire to the two buildings, an “all hands on deck” call was sent out to all on and off duty
firefighters to respond; as well as a call for mutual aid from Cayuga Heights and Lansing fire
departments --- there was a great response to the call for aid. Both the buildings are a complete
loss with the building at 406 Stewart Avenue being demolished this evening since it was
structurally not safe to leave as it was. Demolishing the building will aid in the fire investigation
because of structural safety concerns. The other building is the “Chapter House” which has
been a historic landmark in the Ithaca community for a long time. Fire crews were able to leave
the façade of the Chapter House standing since it is a historical landmark. In addition, if it is
able to be rebuilt they wanted to preserve as much of the front facade as they could. Although,
the significant amount of water used to put out the fire has put tremendous pressure on the
bricks, the roof collapsed, and the structural integrity may be affected.
In addition, on Tuesday, crews responded to a second fire at 605 South Aurora Street while
crews were still on Stewart Avenue. The second fire was the result of a contractor working to dig
up a lawn and utilities were struck that caused a fire in the basement of the home. Crews were
able to quickly knock down that fire and turn over the securing of utilities to NYSEG crews.
It was a very busy day with a lot of mutual aid support that was very much appreciated.
Chief Parsons gave credit to B shift and Chief Schnurl who were first to arrive on the scene at
Stewart Avenue and take control of the scene. Chief Parsons was very impressed on how well
Board of Fire Commissioners Meeting Minutes April 14, 2015
6
the fire was contained, as well as the protection of the surrounding buildings that kept the fire
from jumping from what could have been 4 buildings contained to 2. At one point, he
determined, the department was using 1,000 gallons of water a minute. The water was coming
from three different water systems – two in the City and one from Cornell University.
The good news is that no firefighters or residents were injured or killed as a result of the fires,
which is a testimony to the work, skill and fast response time arriving at both scenes –
especially the Stewart Avenue buildings by the Ithaca Fire Department.
The Board expressed their thanks and appreciation to all the efforts of the firefighters at the
Ithaca Fire Department, as well as those providing mutual aid for their extraordinary fire fighting
in battling the structure fires on Stewart Avenue, as well as the structure fire on South Aurora
Street. They are very thankful that no one was injured or killed – both firefighters and tenants of
the buildings.
Chief Parsons reported that the American Red Cross of Tompkins County at their “Real Heroes”
Award Ceremony on April 15, 2015 will be honoring members of the Ithaca Fire Department and
Bangs Ambulance. The award nomination is below:
“Acting Lieutenant Jason Fulton and firefighters Ken Thompson and Trevor Peyus from the
Ithaca Fire Department; paramedics Oliver Jacob, David Sorensen and Erica Bretscher from
Bangs Ambulance.
On Dec. 17, 2014 crews from the Ithaca Fire Department and Bangs Ambulance teamed up to
save the life of a 25-year-old woman who had gone into cardiac arrest at the Argos Inn in Ithaca
and needed to be transported to the hospital.”
The Board extended their praise and appreciation to the firefighters and ambulance crew for
their heroic efforts that resulted in a saved life.
Fire/Police Report:
Mr. David Cornelius provided the following report for the Board:
“Fire Police training was held on March 17, 2015. The topic was Scene Safety and Awareness.
The Fire Police Unit was activated for a barn fire on Rt. 79 West. The Unit was also activated
on Saturday April 11th for traffic control on Fulton Street because the train crossing signals
malfunctioned and locked up the lights. Jim Rogers and Dave Cornelius responded to that
scene. The Unit was also utilized on April 14th for the two fires on Stewart Avenue. Jack Gould,
Rob Longo, Lyman Baker and Dave Cornelius responded for scene support and traffic control..
The next training is scheduled for Tuesday April 21, 2015. The topic will be a New York State
Course on Terrorism.
Respectfully submitted,
David Cornelius
Board of Fire Commissioners Meeting Minutes April 14, 2015
7
The Board extended their thanks and appreciation to the fire/police for their response and
support at the Stewart Avenue fires today.
Old Business:
Volunteer Recruitment:
No new information at this time.
New Business:
Discussion-Possible Resolution Relating to Tompkins County Legislature’s Proposed
Local Law Allowing for Sparkling Devices to be Excluded from the Dangerous Fireworks
Definition as Permitted by New York State Penal Law Section 405(5)(b)
Chair Gilligan reported that Tompkins County Legislature would be considering this proposed
local law at their meeting on April 21, 2015. He further noted that the Board received the
following documents related to the law (which will be attached to the minutes):
1. Tompkins County Draft – Local Law Allowing for Sparkling Devices to be Excluded from the
Dangerous Fireworks Definition as Permitted by New York State Penal Law Section 405(5)(b)
2. Firemen’s Association of the State of New York – oppose
3. New York State Association of Fire Chiefs – oppose
4. American Promotional Events, Inc. – support
5. Unshackle Upstate - support
Chief Parsons reported that New York State passed the legislation on the premise that sparklers
are safe and don't cause personal injury; however, sparklers burn at 1200 degrees and cause
significant and permanent scars if they come contact with skin. There is overwhelming
opposition to the proposed legislation from the professionals in the medical field. They don’t
want the County to allow for the removal of sparklers from the list of definitions for dangerous
fireworks since they are so dangerous. He further reported that supporters of the law say that
there is a significant economical benefit to allowing for the passage of this local law by the
county. The proposal would allow sparklers to be sold at convenience stores and gas stations
on certain days (June 1 – July 5 and December 26 – January 2 of each year only). Chief
Parsons stated that he does not support the proposed local law.
Chief Parsons explained that the board could take one of two actions – send a resolution to the
legislature asking them not to pass the law; or, ask them to pass it because the board and fire
department don't care about safety of the community. He further stated that next there will be a
big push to bring other fire works into the State legally. The Chief noted that the Board should
put Tompkins County legislators on notice that the City does not support the proposed local law.
Discussion followed on the floor regarding the implications to the community of such a local law,
andthe dangers involved with the use of the sparkling devices for both the user and first
Board of Fire Commissioners Meeting Minutes April 14, 2015
8
responders. Board members all expressed their opposition to the proposed local law. Chief
Parsons reported that the Tompkins County Legislature is holding a public hearing on the law
on Tuesday, April 21, 2015 at 5:30 p.m. at the Courthouse. This means that the Board will need
to take action today, if they want to send a resolution in opposition to the legislature for their
public hearing on April 21.
Chair Gilligan voiced some language that could be put into a resolution from the Board, and
offered to write the resolution, submit it to the Board for review, and then have Information Mgt.
Specialist Myers forward it to the County Legislatures for their information at the public hearing.
Board members supported that suggestion and offered the following motions and vote in
support of the resolution. The resolution was circulated to Board members, the Fire Chief and
City Attorney on April 17th for review; no changes were offered. A certified resolution was
emailed and sent through regular mail to the Tompkins County Legislature Office on April 17th.
The approved resolution follows:
City of Ithaca Board of Fire Commissioners Resolution Opposing the Adoption of Local
Law No. __ of the Year 2015 Which Would allow the Sale of “Sparkling Devices” in
Tompkins County
By Commissioner Sparks: Seconded by Commissioner Hoard
WHEREAS, the Tompkins County Legislature is considering a local law creating a new chapter
142 of the Tompkins County Code entitled “Sparkling Devices” allowing for sparkling devices to
be excluded from the “dangerous fireworks” definition as permitted by New York State Penal
Law Section 405(5)(b); and
WHEREAS, this county law, if adopted, would allow the sale of “Sparkling” and similar devices
which currently cannot be sold in Tompkins County; and
WHEREAS, a number of statewide organizations involved with the promotion of fire safety, fire
prevention, and protection, including the Firemen’s Association of the State of New York
(FASNY) and the New York State Association of Fire Chiefs, have expressed opposition to the
New York State law allowing the adoption of local laws permitting the sale of such devices; and
WHEREAS, these organization are opposed to legalizing the sale of such devices because of
the increased risk for harm to people, particularly young children, and to property that such
devices create; and
WHEREAS, the City of Ithaca Board of Fire Commissioners has oversight over the Ithaca Fire
Department, the largest fire service organization in Tompkins County, serving the City of Ithaca
and the Town of Ithaca; now, therefore be it
RESOLVED, That the City of Ithaca Board of Fire Commissioners strongly opposes the
passage of Local Law No.___ of 2015 creating a New Chapter 142 of the County Code entitled
“Sparkling Devices” allowing for sparkling devices to be excluded from the “dangerous
fireworks” definition as permitted by New York State Penal Law Section 405(5)(b); and, be it
further
Board of Fire Commissioners Meeting Minutes April 14, 2015
9
RESOLVED, That the City of Ithaca Board of Fire Commissioners requests that the Tompkins
County legislators vote against adoption of this proposed Local Law.
Carried Unanimously
Request for Money from the Donation Fund - Discussion
Discussion followed on the floor regarding the request from Retired IPD Officer Anthony
Scaglione (see request above) for money from the Donation Fund to assist William Chapin’s
family attend the memorial service in Washington DC.
Chair Gilligan reported that he knows a number of fire related organizations, including Company
#9, were approached and who have provided some funding. Any checks should be made out to
“Ithaca College”, and sent to the Campus PD - earmarked for Bill Chapin memorial fund.
He is not sure what procedure should be followed as far as sending a check from the Donation
Fund. Nevertheless, Sgt. Chapin lost his life in an effort to save other lives so showing financial
support for that is good.
Chief Parsons explained that during that rescue effort, one individual was saved while another
was not. Former Deputy Chief Wheaton/Fire Marshall, and current Assistant Chief Schnurle
assisted in that rescue effort. The department was not equipped properly for a gorge rescue in
those days -- as it is now which probably would have affected the outcome.
Chair Gilligan noted that there are funds available if the Board wants to proceed with approving
the request. He stated that he does not know where they stand on their goal of $3,000.00, and
it would be supportive of the rescue effort, his volunteerism, heroism, and ultimate loss of his life
to donate to the fund in some way.
Commissioner Ellsworth asked what the balance in the donation fund was; currently it has a
balance of $800.00; the rescue donation fund has a balance of $1,844.90. Chief Parsons noted
that Sgt. Chapin was part of IFD’s rescue squad; however, those funds are to be used for
equipment as well as for people who are currently and actively involved in the Rescue Squad.
Discussion followed on the merits of the request and the amount that should be donated
towards it. Commissioners offered various amounts that might be considered, and the following
resolution was offered in support of the request.
Resolution in Support of the Request to Assist Sgt. William Chapin’s Family Attend a
Memorial Service in His Honor in Washington, DC
By Commissioner Sparks: Seconded by Commissioner Ellsworth
WHEREAS, The National Law Enforcement Memorial Foundation, will place Sgt. Chapin’s
name on the National Police Memorial and his name will be read during the National Police
Memorial's candlelight vigil on May 13, 2015, and
WHEREAS, The Board of Fire Commissioners received a request from former IPD Officer
Anthony Scaglione to help provide financial assistance to Sgt. Chapin’s family in order for them
to attend the vigil and National Police Week Activities in Washington, DC, and
Board of Fire Commissioners Meeting Minutes April 14, 2015
10
WHEREAS, the Board of Fire Commissioners supports the request to help provide financial
assistance to Sgt. Chapin’s family in order for them to attend the vigil and National Police Week
Activities in Washington, DC; now, therefore be it
RESOLVED, That the Board of Fire Commissioners authorizes the City to Chamberlain to
release $150.00 from the Donation Fund in support of the request.
Carried Unanimously
Request to Purchase a United States Flag for the City of Ithaca Cemetery – Firemen’s
Section
Chief Parsons stated that he has the money in the fire department’s budget that can be used to
purchase the flag. He will make arrangements for that to happen.
Information for the Board:
Chief Parsons reported that he sent an email to members of the Ithaca Fire Department, for
their information, because over the last several years people have come to the City to request to
purchase Fire Station 9. He stated that the City is always interested in making city property
taxable. There is a developer interested in the fire station, an appraisal was done, and
discussion about if the property were sold, where would the station be relocated. He further
stated that the City has hired a consultant to look into this proposal, purely for consultation and
research, regarding relocating the fire station. He stated that the current location for the station
is the best location to respond to any call. He is providing this as information only to the Board
that the City is looking at economical options for city property. In addition, if the City decides to
act upon the request, there will be discussions with the Board about it. However, Common
Council is the ultimate authority to make any decision regarding the sale of city property.
Adjournment:
On a motion the meeting adjourned at 1714 hours.
______________________________ _______________________________
Sarah L. Myers William Gilligan
Information Management Specialist Chair
CITY OF ITFIACA
310 \yest Green Street lthaca, New York l-{850-5J97
OFFICE Of THE FIRE CHIEF
Telephooe: @7n72-12r1 Fa* 6O7t212-2794
MEMORANDUM
To: Board of Fte Commissioners
From: Tom Parsons, Fire Chief
Date: April 10tlL 2015
Re: Fire Chief s Monthly Report to the Board of Fire Commissioners
ADMINISTRATIVE DIVISION
62
Chief
Deputy Chief (per diem)
Assistant Chiefs
Lieutenants
Fire Fighters
Uniform Personnel
I Administrative Coordinator
Total employees as of March 3 t ", 2015 - 64
I
I
6
8
47
a)
b)
Vacancies
o None
Retirements:
o None
c) HiringiPromotions
Administration
1) Career Personnel Report
PERSONNEL STAFFING LEVELS
Page 2 of 5 - Fire Chief s Monthly Report April loth,20l5
Budget Status
a) 2015 Budget: Budget Summary - see accompanylng report
4)
County Communications and 91 I Programs:
a) Tompkins County 911 has updated its communications systems and paging
system. The updates will allow for more streamlined paging and fewer tones
being transmitted when dispatching any particular department.b) The 9l I Center has installed a new recording system that will allow for better
auditing and review of incidents. The recording system was funded by a NyS
grant.
Grants and Donations
a)The 2014 Assistant to Firefighters Grant Application was submitted on December
5'n,2014. The grant request is to fund thc replacement ofour l5 year old Self
Contained Breathing Apparatus. We have received requests for additional
information from FEMA regarding our application. The application is currently
under staffreview, and we are waiting for the results of our application.
LIFE SAFETY DIVISION
Fire Prevention Bureau
l) Code Enforcement Division: The following is a list of March Activities _
Complaints Received: 14
Referred to the City Building Division 4
Referred to the Town oflthaca 3
Investigated by the Fire prevention Bureau 7
Inspections: 132
City Fire Safety & property Maintenance 77
2)
3)
o Fire Lieutenant Robert Covert II was promoted to Assistant Fire Chiefon
March 10rh, 2015. The promotion fills the vacancy caused by Assistant Chief
LaBufPs retirement.
o Firefighter James Wheal was promoted to Fire Lieutenant on March 10m,
2015. The promotion fills the vacancy caused by Lt. Covert's promotion.
o Firefighter Dylan Watros was hired on March 30th, 20t5. The hiring fills the
vacancy caused by Firefighter Wheal's promotion to Fie Lieutenant.
Page 3 of 5 - Fire Chief s Monthly Report April l0'h,2015
Town Fire Safety & Property Maintenance
City - Sprinkler Inspections
City - Altemative Fire Protection Systems
City - Fire Alarm Inspection
City - Standpipe Flow Test
City - Fire Pump Flow Test
Permits or Certificates: 29
Operating Permit - Assembly Occupancy 14
Operating Permit - Hazardous Occupancy I
Operating Permit - Lumber Yard I
Operating Permit - Elevator 0
Operating Permit - Fireworks 0
Certificate ofCompliance - Occupancy l1
Certificate of Compliance - Fire Alarm 1
Certificate of Compliance - Fire Sprinkler 0
Certificate of Compliance - Fire Pump 0
Certificate ofCompliance - Fire Standpipe 0
Certificate of Compliance - Altemative Suppression I
2) Fire Investigation Unit:
The Fire Investigation Team performed an investigation for a house fire at 425 N.
Cayuga St., in the City oflthaca. The cause ofthe ftre was determined to be accidental.
3) Public Education and Special Events
Public Education Events:
Fire Drills Witnessed:
Child Safety Seat Inspections:
OPERATIONS DIVISION
Response
r)Januarv thro ush March 201 5 Resoonses - 1 196 I rrcidents
50
2
I
I
I
0
2
0
2
City of Ithaca:83 5 Incidents (69.82o/o)
Fires:
Overpressure/RuPture
EMS/Rescue:
Hazardous Conditions:
Service Calls:
Good Intent:
20
2
39
66
110
I
Page 4 of 5 - Fire Chief s Monthly Report
Town o1'lthaca:
Mutual Aid:
AlarmsNo Fires:
Severe Weather:
352 Incidents (29.43%)
Fires:
Overpressure/Rupture
EMS/Rescue:
Hazardous Conditions:
Service Calls:
Good Intent:
AlarmsNo Fires:
Severe Weather:
261
0
3
0
229
7
t2
46
25
0
9 Incidents (0.7 5%')
Fires: 4
Overpressure/Rupture 0EMS/Rescue: 0
HazardousConditions: 0
Service Calls: 2
Good Intent: 3
AlarmsNo Fires: 0
Severe Weather: 0
2)
3)
Support
I ) Training
Quarterly Report
2) Training Center
Quarterly Report
3) Apparatus and Facilities
No Report
Volunteer Recruitment and Retention
Simultaneous Incidents: 323 ncidents (27%)
Emergency Management: No Report
Mutual Aid Calls: Quarterly Report
April lOth. 2015
Page 5 of 5 - Fire Chief s Monthly Report
2)
Summaries of Service Hours: Quarterly Report
There are currently 17 Active Volunteer Firefighters and Fire Police
Requests from Company Members to become active: None3)
April 101h,2015
l)
Ithaca FD
Incident TlI)e Period Corparisons
A].ar:n Date Between IOL/OL/2OL5I a':d {O3/31,/2OL5I
100 Fire, Other
111 Buildlng f lr:e
112 Fi-res .in structure other than in a building
113 Cookinq fire, confined to container
114 Chinney or flue fire. confined to chimney or flue
116 Fuel burner/boiler malfunction, fire confined
118 Tlash o! rubbish fire, contained
130 Mobile property (vehicle) fire, Other.
131 Passenger vehicle f i.re
132 Road freight or transport vehicle fire
143 class fire
150 outside rubbish fire, Other
151 Outside rubbish, trash or waste fire
154 Dumpster or other outside trash receptacte fire
160 Special outside fire, Other
161 Outside storage fire
240 Explosion (no fire). Other
251 Excessive heat. scorch burns h,ith no ignition
300 Rescue, EMS incident, othe!
3001Gorge Rescue, EMS incident, Ground Evacuation
30o2corge Rescue, EMS incident, Low Angle Rope Assist
311 Medical assist, assist EMS crew
320 Ernergency medical service, othe!
321 EMS cal1, excluding vehicle accident with injury
322 l{otor vehicle accident with injuries
323 Motor vehicle/pedest rj-an accident (MV Ped)
324 Motor Vehicle Accident with no injuries
331 Lock-in (if lock out , use 511 )
3311lock-in / Knox Box Access Required
341 Search for person on land
350 Extrication, rescue, Other
352 Extrication of victim(s) from vehicle
353 Removal of victin(s) from stalled elevator
381 Rescue or EMS standby
400 Hazardous condi.tion, Other
410 Conrbus t ibl e / f l arunable gas/Iiquid conditlon. other
411 Gasoline or other fiarunable tiquid spill
472 cas leak (natural gas or LPG)
413 Oil or other conbustlble llquid spill
421 chenical hazard (no spill or leak)
oL/ 0r/20Ls
03/ 3t/2Or5
oL/ ot/20L
{to
03/ 37 /201-
I
oL/ ot /20L3
03/3t/2013
0L/ oa/2or2
03/ 3t /2OL2
0
3
19
1
B
1
0
3
0
4
1
0
1
3
1
0
0
1
1
3
0
1
3
10
2
3
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0
6
3
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0
0
2
0
0
0
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1
2
0
0
2
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0
0
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18
6
13
2
0
0
1
0
519
0
0
'7
0
5
0
0
3
1
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0
0
0
1
0
1
1
0
3
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5
72
4 68
29
5
1
0
0
8
0
72
0
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2
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1
1
3
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0
0
0
0
4
0
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4
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464
18
9
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72
3
1
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0
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10
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442
24
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0
0
3
3
71
2
1
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o4/06/2015 10:44 Page 1
Incidont T)Fe
Ithaca FD
Incident Type Period Conparisons
Al.ata Date Between IOL/Ol/20]-sl and |O3/3L/2O!51
424 Catbor] monoxide incident
440 Electrical wi ring/eguipment problem, Other
441 Heat from short circuit {wiling), defective/worn
442 Overheated motor
444 PovJer line down
445 Arcing, shorted efectrical equipment
451 Bioloqical hazard, confirmed or suspected
461 Building or structure weakened or col-Iapsed
463 Vehicle accldent. general cleanup
480 Attempted burnlng, i11egal action. Other
481 Attempt to burn
500 Service Caff, other
510 Person in distress, Other
511 Lock-out
520 Water problem, Other
521 Water evacua t i on
522 Waler or steam leak
531 Snoke or odox removal
540 Animal problem, Other
541 Animaf ploblem
550 Public service assistance, Other
551 Assist police or other qovernmental agency
552 Police matter
553 Public service
554 Assist invalid
555 Defective elevator, no occupants
561 Unauthorized burning
600 Good intent caII, other
611 Dispatched & cancelled en route
6111Dj.spatched & cancefled en route - By Dispatcher
6ll2Dispatched & cancelled en route - By Bangs
6ll3Dispatched & cancelled en route - By CUEMS
6ll4Dispatched & cancelled en route - By CU EH&S
6llsDispatched & cancelled en route - By IC Safety
6llTDispatched & cancelled en route - By l4A Dept
6ll8Dispatched & cancelled en route - By IPD
6llgDispatched & cancelled en route - By other Police
621 Wrong l ocati on
622 No Incident found on arrival at dispatch address
631 Authorj.zed controlled burning
651 Snoke scare, odor of smoke
or/oL/2073
o3/3L/20r5
oL/or/zot
o3/31/2OA
4
01/ oL/2073
o3/3r/20r3
ot/ oL/2oa2
03/ 3a/20r2
10
3
0
2
3
1
0
1
2
0
0
32
4
4
9
0
11
2
1
0
3
3
3
2
5
1
0
10
4
4
5
2
1
2
2
4
1
0
0
0
1
51
4
0
1
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0
3
4
6
0
0
0
3
0
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3
0
2
0
6
2
0
0
1
6
0
0
0
0
0
16
2
2
6
4
4
1
2
4
0
0
1
1
0
33
4
5
2
1
4
0
0
0
'7
3
2
1
5
0
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15
2
2
0
1
1
3
5
1
0
1
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1
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0
I
20
72
2L
3'l
21
35
11
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5
1
0
6
0
2
45
27
24
20
1
3
0
0
8
0
3
54
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20
24
0
2
0
0
3
2
5
31
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11
3
2
0
0
1
5
0
3
04 /A6/2015 10:44 Page 2
fthaca m
Incident Type Period Comparisons
ALarm Date Between {OL/OL/20]-51 and t03/3112015}
oL/o1/2Or5 oL/or/zot
03/3t/2Oa
4
ot/ oL/2012
03/3t/2012
01/ oa/20!3
03/ 3L/20L3
653 Srnoke from barbecue, tar kettle
661 EMS cafl, party transported by non-fire agency
671 HazMat release iovestigation !^,/no HazMat
700 Fal-se alarm or fa.Ise cal1. Other
7001Ealse alarm or fafse cal,l-, Other - Medical Afarm
710 Malici-ous, mischievous false cal1, Other
711 Municipal alarm system, malicious false afarm
713 Telephone, malici-ous false alarm
714 Central station, malicious false alarm
715 Local alarm system, malicious false alarrn
721 Bornb scare - no bomlc
730 System malfunction, Other
731 Sprinkler activation due to maffunction
733 Srnoke detector acti.vation due to malfunction
734 Heat detector activation due to mal-function
735 Alarm system sounded due to malfunction
736 CO detector activation due to rnalfunction
740 Unintentional transmission of a1arm, Other
741 Sprinkler activation, no fire - unintentional
743 Smoke detector activation, no fire - unintentional
744 Detector activation, no fire - unintentional
745 Alarm systen activation, no fire - unintentional
?46 Carbon monoxide detector activation, no CO
900 Special type of incident, other
tottlr
20
13
8
1,4
119
3'7
31
2
0
2'7
t2
130
54
36
2
0
03/ 3\/2015
11 98
2
0
6
1
2
1
0
0
6
0
1
23
1
'7
0
0
I
4
11
4
3
1
11
0
0
5
5
'1
3
18
5
1
0
1
1
'7
1
0
0
10
0
0
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8
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3
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12
6
22
2
0
0
9
3
0
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6
16
1
32
5
16
4
118
64
31
6
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1
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Primary Action Taken Re1rort (Sumary)
A].arm Date Between {OL/OL/2OLSI And {03/3112015}
ryrtr>€ of Actj-on Tak€n Count P6rcent
11 Extinguishment by flre service personnel
23 Extrj-cate, di sentangl e
30 Emergency medical services, Other
31 Provide first aid & check for injuries
32 Provide basic life support (BLS)
41 Identify, analyze hazardous materials
42 HazMat detection. monitoring, sampling, & analysis
45 Remove hazard
52 Forcibl.e entry
55 Estabfish safe area
60 Systems and services, Other
63 Restore fire alarm system
64 Shut down system
70 Assistance, Other
71 Assist physically disabl ed
73 Provide manpolrer
75 Provide equipment
80 Information, investigation & enforcement, Other
81 Incident conmand
84 Refer to proper authority
86 I nves t iqate
851 Investigate Alarm Condition
862 lnvestigate EMS, Released by Bangs EMS
863 Investj.qate EMS, Released by CU EMS
864 Investi.qate EMS, Released by Other EMS Agency
855 Investiqate, Hazardous Condition
866 Investigate Non-EMS, Released by Police
869 Investigate Not Specified
87 Investigate fire out on arrival
92 Standby
93 Cancell.ed en route
Total- Incident Count: 1197
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04/06/2015 lAt48 Page 1
Ef1)e of Ai-d
Ithaca FD
fFD Mutua1 Aid Responses by Department (Sumnary)
AJ-arm Date Between IOL/OL/2OL5) And {03/3L/?OLSI
Count
i5001 Brooktondale I'ire DepaltDent
lutual aid given
i5002 Cal'uga Heights Fj-re Departlent
lutual aid received
i5006 Enfie].d Fire Depart&ent
Iutua I aid received
Iutual aid given
;5011 Lansing Fire DepartEent
utual aid received
utual ald given
5013 Newfie].d File DepartEent
utual aid r ecelved
5018 TruDansburg File DepartEent
u tua.I aid glven
5019 Varna Fj-re DepaltEent
utuaf aid given
5022 Torykins County Airport
rtomatic aid given
2
2
3
3
1
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Draft - Local Law No. a of th€ year 2015
Allowing for Sparkling Devices to be Excluded from the Dangerous Fireworks Definition as Permitted by
New York State Penal Law Section 405(5)(b)
Section l. This is a Local Law creating a new Chapter 142 of the County Code "Sparkling Devices
allowing for sparkling devices to be excluded from the "dangerous fireworks" definition as
permitted by New York State Penal Law Section 405 @)
Section 2. Chapter 142 ofthe Tompkins County Code shall read as follows:
$142-1. l,cgislative Findings and Intent.
On November 21,2014, Governor Cuomo signed into law Chapter 477 of the I-aws of 2014
(S.7888iA.10141). This state law amended the State Penal Law, the Executive Law, and the
General Business Law placing further restrictions on dangerous firework while at the same time
recognizing that certain fireworks should not tre labeled "dangerous'- when they pose little to no
danger to the public and labeling thern "dangerous" only restricts business and personal
enjoyment.
The law allows for certain fireworks to be sold and used in municipalities that affirmatively enact
a local law authorizing such sale and use. This Legislature finds that allowing our residents the
use of safe "sparkling devices" as defincd in this law will benefit them and our local businesses.
The National Fir€ Protection Association adopted a recommended safety code (NFPA I124) for
the manufacture, transportation, storage, and retail sale of fireworks. This local law and Statc
Chapter 477 of the Laws of 2014 are compliant with the safety standards established in NFPA
I124.
g 142-2. Definitions.
"Sparkling Dcvices" are defined as follorvs:
"Sparkling 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 includc a colored
flame, an audible crackling effect, an audible whistle effect, and smoke. These devices do not rise
into the air, do not fire inserts or projectiles into the air, and do not explode or produce a report
(an audible crackling-type effect is not considered to be a rcpo(). Ground-based or hand-held
devices that produce a cloud of smoke as their sole pyrotechnic effect are also included in this
category. Types ofdevices in this category include:
(t) Cylindrical Fountain: cylindrical tube containing not more than seventy-five gums of
pyrotechnic composition that may be contained in a different-shaped exterior such as a
square, rectangle, cylinder, or other shape but the interior tubes are cylindrical in shape.
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
iountain), 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 one lube is mounted
on a common base, total pyrotechnic composition may not exceed two hundred grams'
and when tubes are securely attached to a base and the tubes ar€ separated from each
other on the base by a distance of at least half an inch (12.7 millimeters), a maximum
total weight of five hundred grams ofpyrotechnic composition shall be allowed'
(2) Cone Fountain: cardboard or heary paper cone containing not more than fifty grams
olpyrotechnic composition. The effect is the same as that ofa cylindrical fountain. When
more than one cone is mounted on a common base, total pyrotechnic composition may
not exceed two hundred grams, as is outlined in this subparagraph.
(3) Wooden sparkler/dip@ stick: these devices consist of a wood dowel that has been
coated with pyrotechnic composition. Upon ignition ofthe tip of the device, a shower of
sparks is produced. Sparklers may contain up to one hundred grams of pyrotechnic
composition per item.
(4) Novelties that do not require approval from the United States department of
transportation and are not regulated as explosives, provided that they are manufactured
and packaged as described below:
This sale and use of"sparking devices" is permitted with the following restrictions
Sales will only be permitted on or between June lst through July 5s ofeach
year and December 26fi through January 2d ofadjacent calendar years.
All distributors, manufacturers, and retailers must be licensed though the
New York Department of State.
Only those 18 years ofage or older may purchase said products.
$142-4. Separability.
If any part of or provisions of this law, or the application thereof to any person or circumstance,
shall be adjudged invalid by any court of competent jurisdiction, suchjudgment shall be confined
in its operation to the provision directly involved in the controversy.
-l
Section 3. This law shall take effect immediately upon filing with the secretary of state
(A) 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 sixteen milligrams (0.25 grains) of explosive composition, which is
limited to potassium chlorate and red phosphorus. These devices must be
packaged in an inner packaging that contains a maximum of seventy-two
devices.
(B) Snapper: small, paper-wrapped devices containing not more than one
milligram of silver fulminate coated on small bits of sand or gravel. When
dropped, the device explodes, producing a small report. Snappen must be in
inner packages not to exceed fifty devices each, and the inner packages must
contain sawdust or a similar, impact-absorbing material.
$142-3. Sale and Use.
Tompkins County Legislature
Govemor l)anicl D. Tompkins Building
Ithaca. It{Y 14850
N,lcctin8: 04/07/ l5 05:30 PM
I)ep.nDrcot; Counly Anomey
Category: l-(El l-aw
Functronal Category: lncal l-aw
I
2
3
4
ScHEDlJt.Et)
RESOLUTION NO. DOC ID: 5481
Scheduling a Public Hearing on Proposed Local Law No. a of 2015 -
Allowing for Sparkling Devices to be Excluded from the Dangerous
Fireworks Definition as Permitted by New York State Penal Law
Section 405(sxb)
WHEREAS, Govemor Cuomo signed into law Chapter 477 of the Laws ol2014 that amends the New York
State Penal Law, the Executive Law and the General Business Law to place further restrictions on the sale ol'
dangerous fireworks, while at the same time recognizing that certain fireworks should not be labeled as "dangerous"
when they pose little to no danger to the public, and should therefore be available for retail sale and public sale. and
WHEREAS, the County is considering adopting a local law allowing for sparkling to be excluded from the
dangerous fireworks definition as permitted by New York State Penal t aw section 405(5)(b), now thereforc be it
RESOLVED, on recommendation of the Budget, Capital, and Personnel Committee, That a public hearing be
held before the Tompkins County kgislature in the Legislative Chambers of the Govemor Daniel D. Tompkins
Building, l2l East Court Street, Ithaca, New York, on Apil 21,2015, at 5:30 o'clock in the evening thereof
conceming proposed Local Law No. a of20l5 - Allowing for Sparkling Devices to be Excluded from thc Dangerous
Fireworks Definition as Permitted by New York State Penal l-aw Section 405(5Xb). At such time and place all
persons inlerested in the subject matter will be heard conceming the same,
RESOLVED, further, That the Clerk of the County Legislature is authorized to place proper notice of this
public hearing in the official newspaper ofthe County.
SEQR ACTION: ryPE Il-20
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Fmmoll'8 Ar'oclatlon ol
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Chapter 477 of the Laws of 2014 provided localities with the ability to allow for certain fireworks to be excluded
from the definition of dangerous fireworks. The legislation further limited the sale ofthese fireworks to the time periods
of June 1't through July 5'h and December 26'h through January 2"d of each calendar year. Many have misnamed this bill
the "sparkler bill" and have positioned it as a consumer friendly piece of legislation that would only allow these sparkler
to be sold during limited time periods. But the statistics clearly show that sparklers and novelty devices are not without
danger. Nationally, sparklers and other novelty devices authorized under this legislation, accounted for 34 percent of the
emergency room fireworks injuries in 2011. The most recent available national data from the National Fire Protection
(NFPA) shows that an estimated 17,800 reported fires were started by fireworks and 9,500 fireworks-related injuries
were treated in U.S. hospital emergency rooms in 2011. Per the NFPA, on a typical Fourth of July, there are more fires
than on any other day of the year, with fireworks accounting for two out of five of those fires, more than any other
cause of fires. Even more concerning is the fact that according to the NFPA, children ages 10 to 14 are two and one-half
times more likely to suffer from fireworks injury than the general population. NFPA's most recent reports also show that
the risk of fireworks injury was highest for children ages 5 to 19 and adults ages 25 to 44, with one-quarter (26 percent)
of the victims of fireworks in.iuries in 2011. under the age of 15. Children have the highest relative risk of injury; there are
no adult age groups with comparable risk.
We hope that when you consider this local law that you take into account the impact it will have on the safety of
our community and in particular the children in our community. The injuries associated with these types of fireworks
have been well documented. lt is our belief that any local law permitting the use of these types of fireworks could have a
negative impact on the safety of our community and our volunteer firefighters who ultimately must respond to those
fires which result from the use of these fireworks. As such we hope you reiect th is local law.
'l07 Washington Avenue . Albany, NY'1221 0-2269 wEa fasny.compHoNE 518.434.0987 roLL FREE 800.2FASNY2 FAx 518.426.0'1 39
(232.7692)
On behalf of the Firemen's Association of the State of New York, which represents nearly 9O,OOO volunteer
firefighters and ambulance workers, we are writing to urge you to reject any local law that allows for the exclusion of
certain fireworks from the "dangerous fireworks" definition as permitted by New York State Penal Law Section 405(5)(b).
Although some will have you believe that this change in the definition is harmless, we as your local first responders are
deeply concerned that any local authorization will place the lives of our members and our community at risk. Sadly,
many of the fires and emergencies our first responders encounter each year are preventable tragedies caused by the
possession and use of fireworks, including sparkler devices that, while appearing innocent and harmless on their face,
can burn at temperatures of 1,200 degrees Fahrenheit or more.
Although this legislation would limit the sale of these sparkler and novelty devices to a certain time of year, the
statistics show that it would still place a large portion of the community at risk. Research from the United State
Consumer Products Safety Commission (CPSC) shows that sixty percent of all firework injuries in the U.5. actually occur
during the 30 days surrounding July 4th, at a rate of just under 200 injuries a day nationally for this period. More than
half of these reported in.iuries involved burns to the hands, head and face. About 1,000 reported injuries involved
sparklers and bottle rockets, fireworks that are frequently and incorrectly considered safe for young children.
Furthermore, it must be noted that although the legislation only authorizes the sale of fireworks for a certain time of
year, in most cases people will buy, store and use these fireworks throughout the year. Thus our first responders will be
responding to the incidents resulting from fireworks throughout the year. The inherent risks not only associated with the
use of fireworks, but also the proper storage, raise strong concerns by our members. The statistics show, as does our
experience, that the danger to the comm unity and our first responders is substantial.
0n behalfofthe nearly 11,000 members of the New York State Association of Fire
Chiefs, which represents both career and volunteer fire chiefs throughout New York
State we are writing to urge you to reiect any proposal for a local law to be adopted
allowing for the exclusion ofcertain fireworks from the definition of "Dangerous
Fireworks."
For several years the manufactures offireworks have sought state legislation that
would exempt certain fireworks devices from Section 405 (5) tbl Penal Law
defining dangerous fireworks. Due to opposition from many groups but especially
the fire service, this statewide exemption was never passed. In 2014 they were able
to get Chapter 477 enacted, into law, which does not allow for the elimination of the
statewide ban, but instead allows counties and cities to adopt a local law allowing
for the use ofthese dangerous devices during a specified period around the 4th of
July.
While there are many arguments about the safety of these devices in the hands of
children and the NFPA has issued reports about the statistics ofthe number of
children iniured by fireworks, especially around the 4th of July Holiday, we will let
others talk with you about those concerns.
The New York State Association of Fire Chiefs has a much simpler concern with
these devices involving storage and fire prevention.
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While many people refer to this legislation as "The Sparkler legislation" that is a
misnomer. If a local law is enacted it will authorize the sale of numerous itemsthat
have a far greater pyrotechnic effect that what many people think ofas sparklers.
These include: Sparklers; Cylindrical Fountains that shoot a shower of sparks and
smoke and may contain 75 grams of pyrotechnic composition and can be put in the
ground or held in your hand; Cone Fountains which may contain 200 grams of
pyrotechnic composition and may be mounted with in multiples; Wooden Sparkler
Dipped Sticks; which is a wooden stick coated in pyrotechnics and other poppers
and novelties.
If you adopt this law, these devices would be sold in numerous outlets around the
county. Under the law, specialty retailers, permanent retailers and temporary
retailers can sell these pyrotechnic devices. Let's take a look at the definitions of
these facilities. Specialty retailers are in the business ofselling fireworks. With a
limited market and time frame to sell them I am not sure how many specialty
retailers will set up shop. Temporary retailers mean people selling fireworks out of
a tent or the back of a truck. I am not sure that this is a retailer thatyou want in
your county. This leaves the permanent retailer. I can envision that most ofthe
potential outlets would be gas stations and convenient stores. While these
businesses are perfectly legitimate business people, fireworks is not the business
they are in. These facilities will only be able to sell fireworks between June 1st and
July 5th or from December 26th through lanuary 2nd ofeach year.
The limited time frame for sales means that there will be quantities of fireworks
stored in the back room ofthese small retail facilities before the 4th of fuly and
potential for months until the next time they can be sold in December. If you have
ever been in one ofthese storerooms, they are small and they are full of many
combustible items. Frequently there are large numbers ofcardboard boxes, some
full some empty. There are items such as cigarette lighters and tobacco products, in
addition to motor oil and other combustibles.
Do your local code enforcement officers have enough time to check all of these
places now? Will they have the additional time to perform inspections if this local
law is enacted?
Is the potential for any increased tax revenue or the desire to wave a sparkling
device at the 4th of fuly worth the potential danger to a child or the significant risk of
fire at any facility that sells pyrotechnics?
The New York State Association of Fire Chiefs urges you not to adopt this local law.
Please let safety of this community take precedence over the profit of the fireworks
industry.
American Promotional Events, Inc.
New York Fireworks/Sparkler Law
Chapter 477 - A.1o141 (Morelle)/S.7888 (Nozzolio)
r Redefines the definition of "fireworks" to remove "sparkling devices"
o Legalizes the following products as "sparkling devices" only:
o Cylindrical fountains
o Cone fountains
o Wooden sparklers
o Snappers
o Party poppers
r Requires counties or cities to affirmatively "opt-in" for sales, meaning the
local governing body must pass a resolution or local law in support
r Need to be over the age of 18 to purchase said products
. Increases penalties for the possession of "fireworks"
o Possession or transport of sparkling devices in a county that did not opt in
would NOT be prohibited provided the product was purchased from and
being USED in a county that DID opt-in
o New York City is expressly prohibited from sale/possession
r Prohibits localities from adding further restrictions onto the sale/use of
products outside ofNFPA 1124
r Allows for sales between June I -July 5 and December 26-Jan2
o Requires distributors, manufacturers and retailers to be licensed through the
Dept. of State (licensing is identical to Florida) and to pay a license fee
American Promotional Events, Inc.
New York Fireworks/Sparkling Device Fact Sheet
Currently, 47 states and The District of Columbia and the Commonwealth of Puerto Rico allow the use
of some form ofConsumer Fireworks/Sparkling Devices. In other words, almost 95% ofthe U.S.
population can legally use some form ofConsumer Fireworks, including the recently legalized Sparkling
Devices in the State of New York.
On November zr, 2014, Governor Andrew Cuomo signed legislation making New York the 47th state to
allow the sales and use of some form of Consumer Fireworks. The new items which are now excluded
from the state definition of fireworks and dangerous fireworks in NewYork are Sparkling Devices.
These devices which are ground-based or hand-held include Cylindrical Fountains up to 5oo grams of
pyrotechnic composition, Cone Fountains up to zoo grams of pyrotechnic compositibn, frood-en
Sparklers/Dipped Sticks up to roo grams ofpyrotechnic composition and Novelties, which include
Party Poppers and Snappers.
These Sparkling Devices are meant for backyard family celebrations. Additionally, they may bring an
economic benefit to retailers in New York with additional sales, as well as providing localities an
additional tax base. No longer will citizens of New York have to travel to neighboring states to purchase
these devices to celebrate holidays and special occasions.
Surrounding states such as Connecticut, Vermont and Pennsylvania allow for the sale of sparkling
devices. Rhode Island in zoro became the 46th state to allow the sale of these items. History has
shown, when a state's citizens have the opportunity to purchase sparkling devices, as now allowed in
New York, fireworks related injuries actually go down. In zooo, Connecticut legalized the use of
Sparkling Devices. Afterwards, the Connecticut Department of Public Safety showed a 58% decrease in
fireworks related injuries in zooo compared to the r4 years prior to the legalization of the Sparkling
Devices.
Consumer Fireworks and the recently legalized New York Sparkling Devices have been offered in
thousands of retail locations annually for over two decades with no sigrrificant fire or life safety issues.
This translates into billions and billions of customer contacts throughout the country with zero
significant fire or life safety instances.
The public consumption of fireworks continues to increase annually, while injuries attributed to these
devices have continually and dramatically declined each year. In the past 20 years there have been
188,Soo total fireworks related injuries nationwide for every age group.
Recent studies conducted by State Forrest Commissions of prominently fire prone states show that
fireworks have NOT been identified as a significant cause of wildfires. Florida, Georgia, Texas and
California have all identified careless burning of debris to be the leading cause of wildfires. In zooo thru
2o1o in Califomia and Florida there have been over 4 million total acres burned by wildfire. Fireworks
are listed as a cause in only 1oS9 acres of the over 4 million acres of those wildfires or less than z/roo '
of a percent. Additionally, according to the most recent NFPA Fire Data, fireworks related fires are
almost non-existent. In 2o1r, 99.9% of fires recorded by NFPA in the United States were attributed to
something other than fireworks.
This stellar safety record can be contributed to by the Firework Industries continual pursuit of safety
and education along with the proven regulatory guidelines of documents like the New York adopted
2006 Edition of NFPA rrz4, which gives regulatory officials tested and proven safety protocols for the
retail and storage of Consumer Fireworks/Sparkling Devices.
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November 1,7, 2Ol4
Seth Agata, Acting Counsel to the Governor
Executive Chamber
NYS State Capitol
Albany, NY 12224
RE: Request for Approval of5.7888 Nozzolio/A.10141 RULES(Morelle)
Dear Mr. Agata:
lwrite on behalf of Unshackle Upstate, a non-partisan, pro-taxpayer, pro-economic growth,
education and advocacy coalition made up of business and trade organizations from Upstate
New York.
We ask that the Governor sign into law S.7888 Nozzolio/A.10141 RULES (Morelle), which will
modernize state law to include clear and updated definitions of 'fireworks," "dangerous
fireworks," and "sparkling devices." As a result, this bill would allow the sale of "ground based
sparkling devices" and other "novelty items" outside of New York City following those counties,
towns and cities that opt in by local law.
Currently, Upstate New York businesses are losing potential revenue on the sale of these
products to consumers who purchase them in nearby states such as Connecticut, Vermont and
Pennsylvania, where they are permitted.
New York is one of just four states in the entire nation that do not allow for the sale of any form
of consumer fireworks, lncluding sparklers and novelty items. By signing this bill into law, New
York State can begin to reclaim its market in the sale of these products. ln addition to
benefiting the retailers who will sell sparkling devices, the additional sales taxes generated will
help many struggling localities.
Moreover, we feel that 5.7888 Nozzolio/A.10141 RULES (Morelle) is a vast improvement from
similar legislation advanced in the past. Particularly, this bill adequately addresses the safety
concerns raised in Veto No. 59 of 2011 and the ability for local governments to determine
whether or not their respective municipalities should sell the aforementioned devices as noted
in Veto No. 287 of 2073.
We urge an approval of this legislation, which will help an aspect of New York's economy.
Sincerely,
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Greg Biryla, Director of Development
Unshackle Upstate
48/7 -9U6-2496, v. I
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