Testimony of Dave Belcher on Substitute SB 113 - Fireworks Legalization and Regulation (June 23, 2021)

Summary

Testimony of Dave Belcher, Retired Firefighter Lt. and a member of the Ohio Fireworks Safety Coalition, on Substitute SB 113, Fireworks Legalization and Regulation, to the House Commerce and Labor Committee, dated June 23, 2021. The testimony says the bill would allow consumers in Ohio to use bottle rockets, firecrackers, ground sparklers and missiles (1.4g explosive fireworks). It states that the language is so broad that it could cause issues for fire code officials, possibly contradicting current language in the Ohio Building Code and Ohio Fire Code. It states that the writer serves as an opponent of legalization of consumer fireworks.

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                Testimony of Dave Belcher, (Retired Firefighter Lt.)
                  Member of the Ohio Fireworks Safety Coalition

             Substitute SB 113—Fireworks Legalization and Regulation

                                      June 23, 2021

Chairman Stein, Vice Chair Johnson, Ranking Member Lepore-Hagan, and Members of
the House Commerce and Labor Committee, thank you for the opportunity to offer
testimony regarding Substitute SB 113, which would allow consumers in Ohio to use bottle
rockets, firecrackers, ground sparklers and missiles (1.4g explosive fireworks).

Serving nearly 40 years in the fire service, with a focus on risk management through
training, and twelve (12) of those years specifically dealing with compliance aspects in
enforcing the Ohio Fire Code by performing required fire safety inspections.

I am extremely passionate about having the opportunity to participate in the legislative
process. Please excuse my absence due to the current pandemic situation and embrace
this written submission as if I were testifying before you today.

My name and title may seem familiar to some of you, as I have followed this legislation
for several years. Testifying before (along with other certified fire safety inspector
colleagues) as an opponent to any legalization and/or discharge of consumer fireworks. I
will defer to the other opponent’s reference to the many injury issues and speak to you as
an enforcement official.

The mere lengthy history of this very controversial issue should cause great pause to all
legislators. This current legislation before you should be an alarm for great concern for
the safety of all Ohioans. You will hear many opponent testimonies from many different
Ohioans. One issue I want to spotlight is, the fact because this current language is so
broad, it could tend to cause many issues for fire code officials who are duly sworn to
protect our citizens. Quite possibly contradicting current language in both the Ohio
Building Code and Ohio Fire Code. Specifically, any availability of consumer fireworks
products in mercantile occupancies is not allowed by current code language. Legislative
language (Ohio Revised Code) should not dictate and/or contradict current code
language. The normal rule making process should be followed by relying on the voices of
the all the different subject matter experts who have lodged before you many safety
concerns.

Also, the fact remains, consumer fireworks are an explosive, dangerous commodity.
Many have testified before with documented evidence there is extraordinarily little
quality control going into the manufacturing process. Therefore, the end-product is highly
susceptible to varying degrees of explosive elements. Any legalization to the discharge of
consumer fireworks implies they are safe and places many innocent people (most often
children - sufficiently documented by others testimony) in harm’s way.

I was able to witness this firsthand during the 2020 4th July holiday here in central Ohio.
While attending a small outdoor gathering (of our designated safe cohort / pod of
individuals) I saw the neighbors were having an exceptionally large party with an illegal
fireworks display. Alcohol was obviously involved, with no social distancing- very
crowded, and many significant safety concerns with their fireworks discharge. At that
point, I had to act very quickly to stop innocent, curious, young children from running
next door to be directly in the line of firing. Secondly, had actual damage to my vehicle
from “fallout.”

As a fire safety professional, I have seen the aftermath of fireworks accidents. I am quite
sure there was plenty of education on the many health issues of the gatherings such as
they had during the pandemic. Let us not kid ourselves about the general public’s level of
compliance to passive safety campaigns!

Near misses such as those occur too often and most all go unreported. Anyone, with any
knowledge of risk management profiles, know that the number of “near misses” directly
extrapolates out to a profoundly serious injury or death.

To that point, I challenge those that believe this as an opportunity to launch an all-out
campaign to educate “lay persons” to safely launch & have aerial displays of explosive
devices. There are plenty of realistic safety campaigns which still need our complete
attention to make the needed impacts.

Finally, I must express my voice of experience, on the danger that increased access to
consumer fireworks and legalized discharge puts in the way of our first responders in law
enforcement, emergency care and firefighting. It is the people on the front lines that put
themselves in harm’s way when there are fires, injuries and disputes that are caused by
consumer discharge of fireworks. For the first time in my long career in the fire service, I
saw that fireworks were even being used as weapons against first responders in the
violence that sprung up across the country last year.

With the current situation in Ohio trying to recover from the pandemic, I question the
priority, and timing of promoting this highly controversial issue. I would encourage all of
you to reconsider what is at stake by allowing this bill to continue through the legislative
process.

Thank you again for allowing my written testimony to be a part of this great American
democracy process!

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