The Virginia State Building Code Technical Review Board has ruled that a jurisdiction must have a local fireworks ordinance or regulation pursuant to Virginia State Code Title Local Fireworks Ordinance

Permissible Fireworks Under the Code of Virginia  Sparklers  Fountains  Pharaoh’s Serpents  Pinwheels

Local Ordinance  At present, the sale, display, and discharge of these fireworks is not regulated in the City of Hampton by local ordinance.

How extensive is the problem?  In 2004, eight people were killed and 9,600 were injured in fireworks- related incidents.  An estimated 9,300 were treated in emergency departments. in emergency departments.

Local Reports  Just this morning, we are reminded of the tragic fireworks accident that caused a Gloucester County youth to lose his life this past summer.

Fireworks causing injuries   Firecrackers were associated with the greatest number of estimated injuries at 1,700.   Rockets and sparklers were associated with 1,100 injuries each.   Sparklers accounted for almost half the injuries to children less than 5 years of age.

Sparklers How hot do you How hot do you think sparklers burn? 2,000 ° F

Fireworks Safety: Typical Mishaps  An 8-year-old suffered 2nd and 3rd degree burns to her leg when a spark from a sparkler she was holding ignited her dress.  A 43-year-old man was struck in the eye when a bottle rocket went under his glasses and into his eye. After surgery, his vision was still blurry.  A 19-year-old man was holding a large firecracker that exploded. He lost the tips of his left index and middle fingers and broke his thumb. He underwent numerous surgeries.

N.F.P.A Facts & Figures  In 2004, sparklers, fountains, and novelties accounted for 40% of all emergency room fireworks injuries.  45% of persons injured are children 14 years and younger.

NFPA Facts & Figures  Children 5-9 years old had the highest injury rate.  Injury rates for children 4 and younger and young adults years were 50% higher than the average rate of all ages.

Permissible fireworks Types of injuries  Head injuries 42%  Extremities 53%  Eye Injuries 21%  Burns 62%

When and where do these injuries occur  Holidays associated with firework celebrations: firework celebrations: –July 4 th –New Year’s Eve

What types of fireworks are associated with the most injuries?  Illegal large firecrackers 2%  Firecrackers 24%  Rockets 18%  Sparklers11%

How and why do these injuries occur?  Availability: Distributors near state borders Distributors near state borders  Being to close to fireworks  Unsupervised use  Lack of physical coordination  Curiosity  Experimentation

How much do these injuries cost each year?  In 2003, fires started by fireworks caused $58M in property loss (NFPA 2002)  From 1998 to 2002, eight people per year, on average, were killed in fires started by fireworks  Six people per year, on average, were killed directly by fireworks

N.F.P.A Facts & Figures  Based on the amount of time and quanties in use, fireworks pose a higher risk of fire death than any other consumer product.  Cigarettes are the leading cause of fire deaths, the risk that someone will die from fire when fireworks are being used is three times the corresponding risk when cigarettes are burning.

Adoption of local fireworks ordinance  Studies suggest that state laws regulating the sale and use of fireworks affect the number of injuries incurred.  In one state, the number of injuries seen in emergency departments more than doubled following the legalization of fireworks (McFarland 1984).

Adoption of local fireworks Ordinance  By adopting a local fireworks ordinance, all fireworks would be regulated by requiring a permit, approved through the Fire Marshals Bureau. Such an ordinance would be consistent with other localities throughout Hampton Roads.

Jurisdictions that ban the sale, possession and use of fireworks without permit.  Norfolk  Williamsburg  York County  Poquoson  Virginia Beach  Chesapeake  Newport News  James City County  Suffolk  Portsmouth

Proposed Hampton Code Sec A. Except as otherwise provided in this section, it shall be unlawful for any person to transport, manufacture, assemble, store, sell, offer or display for sale, or to buy, use, possess, ignite or explode any firecracker, torpedo, sky rocket, sparkler, or other substance or device that contains any explosive or flammable compound or substance, and is intended or commonly known as fireworks, and which explodes, rises into the air or travels laterally, fires projectiles, or discharges sparks into the air.

B. The provision of this section shall not be applicable to any organization or group of individuals which has been granted a permit by the fire official for the public or private display of fireworks or pyrotechnics, provided that such fireworks are stored, handled, transported, and used in compliance with the terms and conditions of such permit.

C. The fire marshal or any law enforcement officer shall be authorized to seize, take, remove or cause to be removed, at the expense of the owner, all fireworks offered or exposed for display or sale, stored or held in violation of this section.

Penalty  Any person who violates any provision of this chapter shall be guilty of a Class 1 Misdemeanor and, upon conviction thereof, will be punished by confinement in jail not to exceed 12 months, or by a fine not exceeding $2,500, or both such fine and imprisonment.

Recreational Beach Fires Proposed Hampton Code Sec  Except as otherwise provided in this section, it shall be unlawful for any person to set fire to or to procure another to set fire to any wood, brush, logs, leaves, grass, debris, or other flammable material at any time on any beach of the city.

Recreational Beach Fires  The provisions of this section shall not be applicable to any person, group or organization which has been granted a permit by the fire code official to set a fire on a beach within the City, provided that such fire is set and maintained in compliance with the terms and conditions of such permit.

Permit Requirements  Provide picture identification  At least 18 years of age  Burn 50 ft. from boardwalk  Use burn pan provided  Fire not to exceed capacity of pan  $50 deposit, to be returned upon clean up & return of pan upon clean up & return of pan  Burn only permitted wood