HB 146-REGULATION OF FIREWORKS  3:31:05 PM CHAIR SUMNER announced that the next order of business would be HOUSE BILL NO. 146, "An Act relating to fireworks; repealing restrictions on the sale of fireworks; directing the Department of Public Safety to adopt fireworks regulations; and providing for an effective date." [Before the committee was CSHB 146(STA).] 3:31:20 PM LISA PURINTON, Acting Legislative Liaison, Department of Public Safety (DPS), introduced HB 146, on behalf of the sponsor, House Rules by request of the governor. She stated that state fireworks statutes were first created in 1969 and have not been substantially altered since then; because of this, Alaska fireworks statutes do not currently match international fire codes and standards. She stated that rather than having this in statute, HB 146 would allow DPS to regulate fireworks sales and usage, and it would require municipalities to comply with these regulations. 3:34:47 PM REPRESENTATIVE SADDLER asked how the current international practices differ from the statute. 3:35:30 PM LLOYD NAKATO, State Fire Marshall, Division of Fire and Life Safety, Department of Public Safety, answered that the proposed legislation would allow DPS to adopt international standards, as well as standards from the National Fire Protection Association. 3:36:38 PM REPRESENTATIVE SADDLER questioned the difference between the codes and the current state statute. MR. NAKATO answered that international fire codes address fireworks very little, and the state would use industry practices to create appropriate regulations. In response to a follow-up question, he said that the proposed legislation would not create stricter standards; however, it would update outdated definitions. 3:38:59 PM REPRESENTATIVE FIELDS asked whether there is data from other states on regulations which have affected wildfires. MR. NAKATO answered no. In response to a follow-up question, he said he would have to look further to answer whether other states have implemented a fee structure for the sale of fireworks. REPRESENTATIVE FIELDS asked whether there is data on fireworks related injuries. MR. NAKATO stated that he would follow up to the committee with this information. 3:42:06 PM REPRESENTATIVE CARRICK asked whether there is a summary of changes for HB 146. MS. PURINTON answered that the added language clarified the difference between private residences storing fireworks and firework stands. In response to a follow-up question, she said that Anchorage is an example of a municipality with firework ordinances. MR. NAKATO added that other municipalities have similar regulations, although he is not certain which municipalities this includes. 3:44:42 PM REPRESENTATIVE CARRICK asked whether there is a model Alaska should adopt if the proposed legislation is passed. MR. NAKATO answered that DPS would look at regulations being used in other states. In response to a follow-up question, he said that there is a group of standards DPS would use to create regulations. 3:46:14 PM REPRESENTATIVE SADDLER asked how quickly the fireworks industry changes. 3:46:52 PM ROBERT HALL, Owner, Gorilla Fireworks, provided invited testimony on HB 146. He stated that he has been selling fireworks for nearly 40 years and has worked with state fire officials during this time. He expressed the understanding that the proposed legislation would give technical definitions in statute for fireworks, and he expressed the recognition that federal regulations have made fireworks safer. He said that updated definitions would clarify in regulations what type of fireworks would be allowed. It would allow for the sale of certain fireworks to be restricted in certain weather and fire conditions, which would increase public safety. He noted that changes in labeling fireworks have allowed for the sale of certain types of fireworks to the general public, despite those fireworks never being intended for public sale. He said that giving the state fire marshal the ability to regulate fireworks would save the legislature time and allow for updated and clear definitions and regulations. 3:55:16 PM REPRESENTATIVE SADDLER asked whether the old statute needs to be updated, or if the state fire marshal needs the authority to regulate fireworks. MR. HALL answered that the industry would prefer for the legislature to update the statutes; however, he expressed the understanding that the situation is dire enough to justify giving the state fire marshal the ability to regulate fireworks. In response to a follow-up question, he said that the state holds individuals responsible for starting fires, although local municipalities have enacted high fees for businesses selling fireworks, and these fees go to the local fire department. 3:59:24 PM REPRESENTATIVE PRAX asked whether the proposed bill would restrict his ability to sell fireworks for New Year's Eve celebrations. MR. HALL expressed doubt that it would, as winter is "a good time" for fireworks because of the low fire danger and the darkness. 4:02:28 PM REPRESENTATIVE FIELDS asked how HB 146 would improve public safety. MR. HALL answered that fireworks which are legal federally can be sold in Alaska year-round, although some types have been restricted by certain municipalities. He expressed the opinion that a state-wide restriction on certain types of fireworks would cause people to instead buy what is available locally. 4:06:17 PM CHAIR SUMNER announced that HB 146 was held over.