Sparks fly over N.Y. Bill to allow some fireworks

ALBANY — Gov. Andrew Cuomo has until Friday to act on a bill to legalize the sale of certain small fireworks in New York, and firefighters and other groups want him to veto it.

The bill would permit the sale of “novelty” fireworks such as sparklers and snaps to anyone 18 years and older.

Currently, New York is one of only four states that completely ban the sale of any fireworks. New Jersey, Massachusetts and Delaware are the others. Five states only permit the sale of novelty fireworks.

The legislation does not include New York City, which has opposed the bill out of safety concerns that residents would simply purchase the fireworks in neighboring counties, bring them home and then use them.

Advocacy groups like the New York Public Interest Research Group have also criticized the bill, saying that such fireworks cause serious harm to children.

“It will predictably result in more serious injuries, particularly to kids,” said Russ Haven, legislative counsel for NYPIRG. “Emergency rooms get jammed particularly around July Fourth time, and it will be a huge headache for local firefighters and police departments who will have to enforce what will be a very confusing law.”

Cuomo has not indicated whether he will sign the bill.

The Fireman’s Association of the State of New York, an association that represents more than 120,000 volunteer firefighters and EMS workers, is opposing the bill because the group says it would increase the risk of fire and injury to children and teenagers.

Out of the 8,600 injuries that were caused by fireworks in the country in 2010, 1,200 of them came after the use of sparklers, according to the U.S. Consumer Product Safety Commission, a federal agency. Sparklers typically burn at a temperature between 1,000 and 1,800 degrees.

“I’ve seen what fireworks can do to both buildings and to people,” said David Jacobowitz, president of the Fireman’s Association. “It’s an unneeded thing.”

The bill is sponsored by Sen. Michael Nozzolio, R-Fayette, Seneca County, and Assemblyman Joseph Morelle, D-Irondequoit, Monroe County.

Morelle said he supports the bill because those types of fireworks are already used in the state illegally.

“It’s a fact that people use sparklers,” Morelle said. “I just think it’s unrealistic to suggest that people don’t already use them. So from my point of view, I’d much rather have them sold in New York and acknowledge what we already all know to be true.”

Morelle said it’s up to the parents of children to make sure that such products are used safely.

“Driving in an automobile is dangerous, too, if it’s not done properly. Having steak knives is dangerous if not used properly. I wouldn’t let my 5-year-old use a steak knife, but I also wouldn’t make it illegal to own a steak knife,” Morelle said.

Those against the bill have said that the legalization of such fireworks will endanger children despite the age restrictions. Children ages 5-14 suffered the most injuries as a result of fireworks in 2010 with 1,800, while those aged 15-24 suffered 1,400 injuries, according to the safety commission.

Supporters, however, have said the measure would have a financial benefit to the state and for businesses. Detractors said the money isn’t worth the risk.

“They’d sell $50 million worth of fireworks and they’ll get $2 million worth of taxes. In the big picture, $2 million is just a drop in the bucket. Meanwhile, it’s causing all these injuries that in the long run are going to cost more to the municipalities,” Jacobowitz said.