COMMMITTEE ON PUBLIC SAFETY & CRIMINAL JUSTICE
MEMBERS PRESENT: B. Ryan (Chair), M. Kaplowitz, , R. Wishnie,
S. Swanson, L. Bronz.
BOARD STAFF: R. Vega, Program Specialist; S. Kirkpatrick, Secretary.
OTHERS: Legislator Vito Pinto
Legislator Martin Rogowsky
Neil Caputo, Fire Inspector, Dept. of Emergency Services
Nick Gasparre, Chief of Fire Services, DES
B. Randolph, CE’s office
Brendan McGrath, Asst. Co. Atty., Law Dept.
Hope Corbin , Intern
The meeting was called to order at 2:05 p.m.
DISCUSSION:
Indoor Pyrotechnic Displays
Chairman Ryan introduced Brendan McGrath, Asst. County Attorney, and distributed an opinion prepared by the County Attorney’s Office. Mr. McGrath reviewed the opinion which addressed the question of the county’s jurisdiction over regulating indoor pyrotechnic displays. He felt that §405 of the Penal Law preempted this regulation to the state. If the legislature passed legislation, he believes it would be thrown out. The situation in Nassau County is probably unique in that they have a countywide fire code.
Chief Gasparre felt that local officials do a good job of fire inspections and that “home rule” on fire inspections was working. The fire code refers to the NFPA standards that thus the standards become the code. He suggested a legislated license/permit procedure.
Public Safety & Criminal Justice March 31, 2003
Mr. Wishnie stated that he liked the concept of the county having a higher standard although we would have to address the possible loss of licensing fees to municipalities. The county permit would reference NFPA. He would like to see one place where licensees go to get both indoor and outdoor permits. Everyone would have a uniform code and application procedure. This uniformity would also apply to issues related to fire retardant materials and sprinklers.
Mr. McGrath explained that under the Arts & Cultural Affairs Law, New York City is permitted to have its own regulations. So a case could be made for Westchester County also although this would require amending state law (Penal Law in particular) to give the county the authority to permit. Legislator Wishnie pointed out that we do have a county electrical code.
Legislator Rogowsky would like clarification on whether or not indoor displays are prohibited. We need to be concerned at the county level about inspections for fire safety (NFPA and state fire code seem to cover this issue), licensing and permits.
The committee decided clarification was still needed. If the proposed state laws were not passed quickly, then perhaps we need to address this on the county level. The next steps might include an attorney general’s opinion, consulting various municipal groups including the municipal officials association, Hudson Valley Building Inspectors Assn. and fire services organizations. A committee task force could do the fact finding.
Mr. McGrath felt that, since the opinion of the county attorney was that all local control was superceded, the first step was to get legislation passed which would allow local authorities to “opt out” of regulating pyrotechnics. This would then allow the county to step in with regulations.
Upon motion made and seconded, the committee unanimously voted to adjourn at 4:00 pm.