Res 03-05
("
""
RESOLUTION NO. 3-05
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y
OF DELRA Y BEACH, FLORIDA, SUPPORTING THE
STRENGTHENING OF CHAPTER 791, FLORIDA STATUTES,
RELATING TO THE REGULATION OF FIREWORKS IN THE
STATE OF FLORIDA
WHEREAS, an estimated 9,300 fireworks related injuries m 2003 were treated in the
emergency rooms of many of our United States hospitals; and
WHEREAS, a study conducted by the United States Consumer Product Safety Commission
in June, 2004 reported that an estimated 6,800 fireworks related injuries occurred during a one
month period surrounding the July 4, 2003 holiday; and
WHEREAS, the estimated annual cost of these fireworks related injuries is estimated to be
$100,000,000.00; and
WHEREAS, according to a National Fire Protection Association report, 12 persons died
from fireworks related causes during 1999; and
WHEREAS, these 1999 fireworks related fires caused an estimated $17.2 million in property
damage; and
WHEREAS, Chapter 791, Florida Statutes, relating to the regulation of fireworks, has not
undergone a comprehensive legislative review since its inception in 1941; and
WHEREAS, loopholes have been identified which are being used by the fireworks industry
to circumvent the current law and allow for the purchase of illegal fireworks.
NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Delray Beach recommends that Chapter 791,
Florida Statutes, relating to the regulation of fireworks in the State of Florida be strengthened to
eliminate these loopholes which will result in the reduction of injuries and property loss associated
with the use of these fireworks.
("
/"
PASSED AND ADOPTED this 18th day of January, 2005.
~l~
OR "'-
ATTEST:
~~.~~-)
City Clerk
2
Res. No. 3-05
01<
tJJl
RESOLUTION NO. 3-05
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y
OF DELRA Y BEACH, FLORIDA, SUPPORTING THE
STRENGTHENING OF CHAPTER 791, FLORIDA STATUTES,
RELATING TO THE REGULATION OF FIREWORKS IN THE
STATE OF FLORIDA
WHEREAS, an estimated 9,300 fireworks related injuries m 2003 were treated in the
emergency rooms of many of our United States hospitals; and
WHEREAS, a study conducted by the United States Consumer Product Safety Commission
in June, 2004 reported that an estimated 6,800 ftreworks related injuries occurred during a one
month period surrounding the July 4, 2003 holiday; and
WHEREAS, the estimated annual cost of these fireworks related injuries is estimated to be
$100,000,000.00; and
WHEREAS, according to a National Fire Protection Association report, 12 persons died
from fireworks related causes during 1999; and
WHEREAS, these 1999 fireworks related fires caused an estimated $17.2 million in property
damage; and
WHEREAS, Chapter 791, Florida Statutes, relating to the regulation of fireworks, has not
undergone a comprehensive legislative review since its inception in 1941; and
WHEREAS, loopholes have been identified which are being used by the fireworks industry
to circumvent the current law and allow for the purchase of illegal fireworks.
NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Delray Beach recommends that Chapter 791,
Florida Statutes, relating to the regulation of fireworks in the State of Florida be strengthened to
eliminate these loopholes which will result in the reduction of injuries and property loss associated
with the use of these fireworks.
8-e..
PASSED AND ADOPTED this 18th day of January, 2005.
MAYOR
ATTEST:
City Clerk
2
Res. No. 1-05
D!<
ðIf
[ITY DF DELIA' IEA[H
FIRE-RESCUE DEPARTMENT
DELRAY BEACH
~
All-America City
, 1111:
1993
2001
SERVING DELRAY BEACH · GULF STREAM · HIGHLAND BEACH
lIeIIV!D
JAN 1 0 2005
CItv MANAGER
MEMORANDUM
TO: David T. Harden, City Manger
FROM: Kerry B. Koen, Fire Chief
SUBJECT: Proposed Fireworks Resolution
DATE: January 7,2005
I have reviewed the proposed resolution which will be presented to the City
Commission during their Workshop on January 11, 2005. The matter of closing the
various loopholes which have found their way into current state law regulating the
sale/purchase of fireworks in Florida is something we would like to encourage at every
level.
As you know, current "exemptions and wavers" provide ample opportunity for
wide-spread purchase of fireworks by anyone willing to attest to an intended "excepted
use". Control of the use of fireworks after purchase is next to impossible to deal with in a
local jurisdiction due to the level of product saturation. In my opinion, the matter as it
now stands is exceedingly dangerous and, quite frankly, out of control statewide.
We stand ready to assist in any way possible to bring this matter back into some
form of reasonableness and to minimize the potential of injuries and property loss in our
community and the state.
Jl ~.l
K~oen
Fire Chief
,-
cc: Chief Schroeder - Police Department
Asst. Chief Adams - Fire-Rescue Department
FIRE-RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH. FLORIDA 33444
(561) 243-7400· FAX (516) 243-7461
Pnnted on Recycled Paper
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITYMANAGER~
AGENDA ITEM # ~ ~ ~ - SPECIAL MEETING OF JANUARY 11. 2005
PROPOSED FIREWORKS RESOLUTION
TO:
SUBJECT:
t
DATE:
JANUARY 7, 2005
This is before Commission to discuss the attached Proposed Fireworks Resolution. The resolution
supports strengthening Chapter 791, Florida Statutes, to eliminate loopholes which will result in the
reduction of injuries and property loss associated with the use of fireworks. Chief Koen has reviewed
the resolution and supports its adoption.
S:\City Clerk\agenc:b memos\Fireworks Res.out.OS
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1/11 ¿J~~
Proposed Fireworks Resolution
WHEREAS, an estimated 9,300 fireworks related injuries in 2003 were treated in the
emergency rooms of many of our US hospitals, and
WHEREAS,· a study conducted by the US Consumer Product Safety Commission in
June of 2004 reported that an estimated 6,800 fireworks related injuries occurred during
a one month period surrounding the July 4th, 2003 holiday, and
.
WHEREAS, the estimated annual cost of these fireworks related injuries is estimated to
be $100,000,000, and
WHEREAS, according to a National Fire Protection Association report, 12 persons died
from fireworks related causes during 1999, and
WHEREAS, according to a 2004 NFPA study 24,200 fires were caused or attributed to
fireworks in 1999, and
WHEREAS, these 1999 fireworks related fires caused an estimated $17.2 million in
property damage, and
WHEREAS, Chapter 791, Florida Statutes, relating to the regulation of fireworks, has
not undergone a comprehensive legislative review since its inception in 1941, and
WHEREAS, loopholes have been identified which are being used by the fireworks
industry to circumvent the current law and allow for the purchase of illegal fireworks,
NOW THEREFORE, be it resolved that hereby
recommends that Chapter 791, Florida Statutes, relating to the regulation of fireworks in
the State of Florida be strengthened to eliminate 'these loopholes which will result in the
reduction of injuries and property loss associated with the use of these fireworks.
Officer or Representative
Date