Legislature(2001 - 2002)
04/02/2002 08:04 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 487-FIREWORKS REGULATION CHAIR COGHILL announced that the final order of business would be HOUSE BILL NO. 487, "An Act relating to fireworks; and providing for an effective date." Number 0165 SHARRON O'DELL, Staff to Representative Vic Kohring, Alaska State Legislature, presented Version L on behalf of Representative Kohring, sponsor, for the committee to adopt. Number 0265 CHAIR COGHILL asked if there was any objection to adopting CSHB 487, version 22-LS1385\L, Bannister, 3/14/02, as the work draft. There being no objection, Version L was adopted. Number 0297 MS. O'DELL explained that consumer fireworks are a great American tradition, and that the use of fireworks has grown exponentially with the increased availability in the last few years. However, state statutes that were written in 1969 have not kept pace with the changes in the fireworks industry. A few local Alaskan jurisdictions and the federal regulators have had success in developing effective and fair laws. The function of the state fire marshal under the Department of Public Safety is to foster, promote, regulate, and develop ways and means of protecting the public against fire for persons and property, and to encourage the adoption of fire prevention measures by means of education. In response to the concerns of increased fire risk from the devastating damage caused by the spruce bark beetle, the state fire marshal has requested additional tools to protect the lives and property of citizens of the state of Alaska. The state fire marshal and representatives of the fireworks industry have worked closely to draft HB 487, which she believes will provide the state fire marshal with those tools. The modifications in HB 487 are based on the positive results in North Pole, Houston, and other jurisdictions inside and outside the state of Alaska, she explained. Number 0420 MS. O'DELL reviewed HB 487 section by section. She explained that HB 487 is a proactive measure working with the department and within the industry that will make things better for the general public by giving the state fire marshal the regulating and enforcing authority he needs by statute. In addition to banning bottle rockets, it allows the state fire marshal to restrict or limit the sale and use of skyrockets and missiles between April 1 and September 30. Bottle rockets are very cheap and popular fireworks if used properly, she explained. There have been probably tens of millions sold in Alaska in the last ten years; however, they are the most single source of noise complaints and most likely to be misused. If misused, they potentially can cause injuries and pose a fire risk. MS. O'DELL explained the danger of the self-propelled rockets and missiles. If misused, they can fly off course several hundred feet and start a fire that could grow into a wildfire before it's even detected. Even though the risk of fire created by fireworks is very small, 80-90 percent of the risk of potential fire is caused by the misuse of rockets and missiles. It is true people are going to have to give up something by this bill, she said, but it is a good compromise and will benefit everybody. It's a proactive, prophylactic measure that is in response to spruce bark beetle devastation. Bottle rockets, skyrockets, and missiles combine to represent about 20-30 percent of the current annual sales of fireworks vendors; they are the most popular [fireworks] sold. However, based on the experience of North Pole, she noted, those vendors have found that people will find other items to buy; the people there understand the restrictions that have been placed there. MS. O'DELL noted that HB 487 will ensure that all vendors, including those in the unincorporated areas of Alaska, will operate by the same rules. It will ensure that fireworks regulations are up-to-date through the work of the advisory committee. It gives the state fire marshal the ability to carry out the safety and education function of his office through the fire safety program that is created. It will ensure a safer celebration by those people who choose to celebrate with consumer fireworks. Number 0852 GARY POWELL, Director State/Fire Marshall, Central Office, Division of Fire Prevention, Department of Public Safety, testified via teleconference. He stated that he worked with Representative Kohring's office and Mr. Hall [fireworks vendor] on HB 487 and that it is a good effort. It cleans up the language that has been redefined over the years by other standards. It allows a committee to sit down and involve all the user groups, rather than just having his office adopt regulations or regulate it on its own. MR. POWELL reiterated that the bottle rockets and aerial rockets are the biggest concern out of the fireworks industry. There is a small amount of property loss, a lot of nuisance-noise complaints, and small injuries caused by the bottle rockets. He pointed out the other aerial rockets are certainly cause for concern because they can travel several hundred feet, land in undetected areas, smolder all night, and possibly start a fire several hours after the rocket was shot off. Overall, he said, HB 487 is a positive step, even though it might make more work for his office, but it's worth the effort if the bill comes together as it is now. Number 0997 REPRESENTATIVE FATE asked Mr. Powell for some statistics on injuries sustained by people using bottle rockets or the other type of rockets, and how many fires have been set by them. MR. POWELL replied that he doesn't keep injury records in his office but he does keep fire records. From 1997-2000, there was a total of 88 responses from fire companies to fires of some sort, with a total dollar loss of approximately $10,000. That's not a large issue compared to other fires, he said, but it has a potential of being larger. There were 63 tree, brush, and grass fires, and that certainly has the potential of growing larger in certain areas of the state. MR. POWELL pointed out that these figures do not include the responses of the Department of Natural Resources, Division of Forestry. It keeps its own statistics. However, it would include those if a fire department responded first. He just collects fire department information, he noted. MR. POWELL explained that he'd left 1996 out because there was the large Miller's Reach fire in 1996. There was some suspicion that fireworks caused that although that was not conclusively shown. If that fire was included, it would add another $5 million item. Number 1146 REPRESENTATIVE FATE asked if there were other laws or statutes governing manmade fires and the penalties attendant with those regulations. MR. POWELL answered that the Department of Natural Resources does have regulations regarding man-caused fires. REPRESENTATIVE JAMES asked if the intent of the legislation is to just prohibit the use of these kinds of fireworks or to also prohibit the ownership or purchase of them. MR. POWELL said he believes it is to prevent the sale and use. The bottle rockets are prohibited year-round and would not be allowed to be sold. The aerial rockets would be permitted during the winter months. Number 1345 ROBERT HALL, Owner, Gorilla Fireworks, expressed support for HB 487. He has worked with the fire marshal and thinks in the long term it will be the best for the fireworks industry, he told members. It is modeled on what has happened in North Pole, which prohibits bottle rockets year-round and prohibits the sale of rockets in the summer months. North Pole has had very good results, he said. This is a proactive thing. There is no emergency or crisis being faced, but the [Municipality] of Anchorage has expressed concern about the spruce bark beetle and the fire in the Hillside area. This would bring all the vendors under the same rules. It will give some stability to the industry. If this bill doesn't make it, he said he will work on a cooperative arrangement until a bill gets through. Number 1463 JOEL ELROD, North Star Fireworks, Glennallen, testified via teleconference. He stated that the vendors can do a lot to prevent the misuse of fireworks. There is a law now that restricts people under the age of 18 in Alaska from purchasing fireworks. He will not market fireworks to anyone underage without parental consent, he said, and that helps. In 1996 he was in Nenana marketing fireworks and there was a ban, and it worked because it reduced the sales. When there is extreme fire danger, public announcements will effectively help prevent fires. MR. ELROD wondered if HB 487 passes, whether it would cause some people to be unemployed during the summer. If certain fireworks are restricted, the sales would be so low that the fireworks stands would not be able to be open during the summer and he would be out of a job. It could be a $1 million business in Alaska, he suggested, although he had no statistics to back that up. People may be unemployed because of the bill. MR. ELROD commented that consumer education can help a lot, and consideration ought to be given to the problem of alcohol abuse and the misuse of fireworks. He tries not to market his fireworks to someone who is intoxicated, he stated. Number 1632 JEREMY BESHAW testified via teleconference. He referred to the spruce bark beetle and stated that any firefighter knows that if the fuel is removed, there won't be a fire. He suggested that the deadwood trees be eliminated. A firebreak was put through in Glennallen, he noted, but it has not been maintained. He agreed with Mr. Elrod that HB 487 would put the small guy out of business. Number 1700 CHAIR COGHILL announced HB 487 will be held over until the next meeting.
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