today's Orlando Sentinel

[mikelongley]

I was surprised today when scanning through the paper this morning. The state is considering changing the law which currently bans explosive fireworks. The surprise was what is on the list of illegal explosives....blanks! As well as what they describe as toy cannons. Those which do not expel projectiles. The use of blanks are apparently illegal until the law is changed. Does anyone know more about this than the paper is letting on?
Mike

[twhigham]

This got me intrigued, so I did a little research.

"Fireworks" by definition include blanks. The Florida state statute says "The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American National Standards Institute. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may any such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. The division shall promulgate rules to carry out the provisions of this section. The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property..."

So I went to the NFPA website. Unfortunately, they charge $37 to read their codes, but they'll give you the synopsis for free. My guess is the reporter either got lazy or had the expense request denied or wanted the article to sound more dramatic and simply went with the interpretation that the definition was the same as the prohibition, which it isn't. Anyway, the synopsis reads as follows (highlights in bold are by me).

"NFPA 1123: Document Scope1.1 Scope. 1.1.1 This code shall apply to the following: (1) Construction, handling, and use of fireworks and equipment intended for outdoor fireworks display (2) Operation of the display (See 3.3.16, Fireworks Display.) 1.1.2 This code shall not apply to the following: (1)*Manufacture, transportation, or storage of fireworks at a manufacturing facility (2) Testing of fireworks under the direction of their manufacturer, provided that permission for such testing has been obtained from the authority having jurisdiction (AHJ) (3) Use of consumer fireworks by the public (4) Transportation, handling, or use of fireworks by the armed forces of the United States (5) Transportation, handling, or use of industrial pyrotechnic devices or fireworks, such as railroad torpedoes; fusees; automotive; aeronautical, and marine flares; and smoke signals (6) Use of pyrotechnic devices or materials in the performing arts at distances less than those specified in this code and used in conformance with NFPA 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience (7) Use of flame special effects in the performing arts when used in conformance with NFPA160, Standard for the Use of Flame Effects Before an Audience (8) Sale and use of rockets, rocket motors, motor reloading kits, pyrotechnic modules, or components used in conformance with NFPA 1122, Code for Model Rocketry; NFPA 1127, Code for High Power Rocketry; or other propulsion devices classified by the U.S. Department of Transportation as Rocket Motors (UN0186), or Cartridges, power device (UN0275) (9) Use of explosives, firearms, or flammable special effects used in motion pictures, television, or other entertainment industries."

So, we're covered doubly, both as a performing art, and as an entertainment industry. But, just for kicks, I pulled NFPA 1126 to see what it said. Again, they want money for the actual regulation, but the synopsis reads "This standard shall provide requirements for the protection of property, operators, performers, support personnel, and the viewing audiences where pyrotechnic effects are used indoors or outdoors with a proximate audience. The purpose of this standard shall be to provide minimum requirements to the operators and manufacturers for the safe operation of pyrotechnic effects. 1.1.1* This standard shall apply to the use of pyrotechnics in the performing arts in conjunction with theatrical, musical, or similar productions before a proximate audience, performers, or support personnel. 1.1.2 This standard shall apply to the performance specifications, instructions, notifications, and labeling by the manufacturer of pyrotechnics materials, devices, equipment, and supplies. 1.1.3 This standard shall apply to any indoor use of pyrotechnics. 1.1.4 This standard shall apply to any outdoor use of pyrotechnics at distances less than those required by NFPA 1123, Code for Fireworks Display. The use of pyrotechnics before a proximate audience shall not be construed as a display of fireworks as regulated by NFPA 1123. Exception: Any use of aerial shells as regulated by NFPA 1123, Code for Fireworks Display, shall comply with the provisions of that code. 1.1.5 This standard shall apply to the videotaping, audiotaping, or filming of any television, radio, or movie production only where such production takes place before a proximate audience and includes the use of pyrotechnics. 1.1.6 This standard shall apply to the rehearsal of any production in which pyrotechnics are used. 1.1.7* This standard shall not apply to the manufacture, transportation, or storage of fireworks at a manufacturing facility. 1.1.8 This standard shall not apply to the use of consumer fireworks by the general public. 1.1.9* This standard shall not apply to the manufacture, transportation, storage, and use of explosives. 1.1.10 This standard shall not apply to the transportation, handling, or use of pyrotechnics by the Armed Forces of the United States of America. 1.1.11 This standard shall not apply to the transportation of pyrotechnic materials and devices approved and governed by U.S. Department of Transportation regulations. 1.1.12* This standard shall not apply to the use of pyrotechnics in training by the fire service, law enforcement, or similar government agencies. Exception: This standard shall apply where there is a proximate audience that is not part of the live fire training evolution. 1.1.13 Facilities in or at which pyrotechnics are to be used or stored shall comply with the applicable provisions of NFPA 101®, Life Safety Code®. Pyrotechnics shall be permitted to be used in accordance with the provisions of NFPA 101, 13.7.2, where approved by the authority having jurisdiction. 1.1.14* This standard shall not apply to the use of flammable liquids and flammable gases in the performing arts. 1.1.15 This standard shall not apply to the manufacture of model rocket and high power rocket motors as covered in NFPA 1125, Code for the Manufacture of Model Rocket and High Power Rocket Motors. 1.1.16* This standard shall not apply to the design, construction, limitation of propellant mass and power, and reliability of all rocket motors, other than fireworks rockets, produced commercially for sale to or use by the public for purposes of education, recreation, and sporting competition. 1.1.17 This standard shall not apply to the sale and use of model rockets and model rocket motors used in conformance with NFPA 1122, Code for Model Rocketry. 1.1.18 This standard shall not apply to the sale and use of high power sport rockets and high power sport rocket motors used in conformance with NFPA 1127, Code for High Power Rocketry."

Unfortunately, I couldn't read the actual guidelines, but to say that they are illegal is incorrect. They're simply regulated.

[mikelongley]

One would hope so but it seems that if someone wanted to make trouble they could. I'm sure such variances require a permit of some kind.

[mikelongley]

Thanks for the homework Troy. I'll bet tactical events don't qualify as theatrical events. It wouldn't hurt to drop your state representative a note guys. Back when David Bloom was making trouble I'm sure he would've played that card if he'd known about it.

[jagerroll]

Good Morning,

Please read below. This may be a bit simpler to understand. Explosives does not include cartridges for firearms. It all comes down to interpetation. We are fine.

552.081 Definitions.—As used in this chapter:

(1) "Explosive materials" means explosives, blasting agents, or detonators.

(2) "Explosives" means any chemical compound, mixture, or device, the primary purpose of which is to function by explosion. The term "explosives" includes, but is not limited to, dynamite, nitroglycerin, trinitrotoluene, other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. "Explosives" does not include cartridges for firearms and does not include fireworks as defined in chapter 791.

__________________________________________________

Now lets look at the fireworks that are considered "non-explosive" and those that are considered "explosive"


What's Legal
According to the Chapter 791.01 (b & c) in the fireworks statutes of Florida, only sparklers and similar fireworks products are allowed to be used in the state. Sparklers are considered to be those that have less or equal to 0.25 grains of explosive ingredients and should not explode, go up in the air or detonate. They tend to look like flaming or sparkling candles or long toothpick-like sticks with a burst of flame at the tip, and they last for anywhere from 15 seconds to a few minutes. The legal fireworks that are permitted to be used, stored and sold are smoke devices, party poppers, trick matches, glow worms, cigarette loads and snappers. Fireworks that do not fit with this description are usually deemed illegal.

What's Not Legal
In the same Chapter 791.01 (a), fireworks that have more than 0.25 grains of explosive ingredients and detonate, explode or go up in the air are considered to be illegal. Anyone who is caught selling, purchasing, using or storing these products is deemed guilty of a first-degree misdemeanor and may end up with a year in prison with a $1,000 fine. However, there are a few exceptions to this rule. People who work in mines and fish hatcheries are exempted because these workers use the fireworks for signaling, illumination, frightening birds and industrial blasting. They are trained to use such fireworks and are therefore given the exception during working hours and while at work. People with permits to hold fireworks are also exempt



Read more: www.ehow.com/info_8598226_florida-state-statutes-fireworks.html#ixzz2puh98DMM

[mikelongley]

What today's paper says is this
(Statement by Senate Commerce and Tourism Chair Nancy Detert, R-Venice) whose committee is trying to repeal the bill, SB 314.
Florida law bans blank cartridges, toy cannons, firecrackers, torpedoes, skyrockets, Roman candles, cherry bombs and anything else with explosives of flammable compounds. It allows noisemakers such as toy guns, smoke devices, party poppers, snappers and snakes. Sparklers are allowed as well.

This is the State Lawmakers statement found on the front page. The article goes on to say that there is strong opposition to the efforts to repeal the old bill. Mostly from fire chiefs, etc.
Thus my reason to share this information with you all. The article says that the law isn't really being enforced but the fact is there appears to be something on the books that could be enforced if the rep.is correct in her statement to the paper.
I figured it was worth passing on for discussion.

[twhigham]

Emphasis mine.

791.01. Definitions
(4)(a) “Fireworks” means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance.
(b) “Fireworks” does not include sparklers approved by the division pursuant to s. 791.013; toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.

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791.012. Minimum fireworks safety standards
The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American National Standards Institute. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may any such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. The division shall promulgate rules to carry out the provisions of this section. The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property and shall not govern the display of those items included under s. 791.01(4)(b) and (c) and authorized for sale thereunder.

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So, its regulated, not prohibited. There's a difference.

[mikelongley]

Being that there are some legal documents that regulate the use of blanks my question is this;
Should we be familiar with the regulations? When we hold a public battle we make sure that the public is not too close but the weapons demonstrations may need revision. What I mean is, should we allow a close examination of the empty firearms and then have a firing area which is the appropriate distance from the public? This aspect of public battle has been somewhat lax and may be something that should be addressed before some kind of issue comes up.
I hope that the law as it stands is overturned but until it is the ultimate interpretation is up to a judge.
Have a great weekend

[twhigham]

We've already agreed on having someone handle safety officer responsibilities, but if you want to purchase the regulations and read them for your own peace of mind, the website is: www.nfpa.org/codes-and-standards/document-information-pages?mode=code&code=1123 Cost to purchase is $42.00. I'm not going to read them. I get no joy from it. That's why my employer has to pay me to do it.

[Rabbi Rob]

Jan 10, 2014 17:31:54 GMT -5 twhigham said:

I get no joy from it. That's why my employer has to pay me to do it.

Ha ha!

Thank you for your review and analysis, Troy! I know it's drudgery, so I appreciate it all the more. I have to pay my general counsel to do it as well.

[werner]

I just take stuff like that down to the local aquarium.

[mikelongley]

I've written my state representative. Hopefully this obscure document can be repealed.

[trippwire]

I would like to see your letter, I may do the same.