Consumer fireworks account for the most injuries, with the vast amount occurring to males under the age of 16. The majority of consumer fireworks include bottle rockets, firecrackers, and roman candles. The classic M-80 has been banned completely for several years in this country, but its name is still used as a generic one for other devices, and some real ones still are obtainable in Mexico.

When used safely, consumer fireworks may pose only small risks. That trend is not evident in the United States, however, where children are not constantly supervised by competent adults. If a consumer firework causes injury to a bystander, a structure fire, or wild-land fire, the legal and civil consequences are significant. In some cases, depending on state statues, a fourth-degree (reckless) arson charge may be considered. Fireworks of any type are not allowed on U.S. Forest Service land, and may subject the user to fines and suppression costs.

Leaving it to the Pros

Display fireworks (1.3g) or major pyrotechnic shows generally require shooters to be licensed at the state level and, if involved with purchase, require licenses from the BATF. Aerial devices generally range in size from three to 16 inches in diameter. Most display shows are fired electrically using laptop computers, sophisticated firing boards, and miles of wiring, and often are synchronized with music. It is a highly specialized operation that, in some cases, can take several days to set up safely for a 20- to 30-minute display.

In some smaller shows, aerial devices still are fired manually with flairs, although that practice places shooters in close proximity to shells and raises the risk of injury. Many fire departments no longer allow aerial devices to be fired by hand. High-tech shows use CD-ROMs or scripted firing sequences, which send small electrical impulses to ignite squibs or electric matches. These, in turn, ignite lift charges in the devices, causing them to be propelled explosively out of the mortar tubes at heights from 300 to more than 1,500 feet.

Proper placement and protection of the mortar tubes is of paramount importance and should be examined carefully during investigations. In no cases should they be directed toward bystanders, and their placement must take into account wind speed and direction. Mortar tubes should be in secured racks or buried in solid ground at three-quarters of their length. Failure to do so may cause the tubes to move during use and direct shells toward structures or bystanders.

In almost every licensed public show, local jurisdictions require extensive insurance coverage, for injury, damage to structures or vehicles, and the possibility of wild-land fires. With the significant potential for large claims, it is suggested that coverage be verified to ensure that it is adequate and that shooters are qualified and licensed. In addition, coverage should be extended to include all pertinent parties, such as the shooters, fire departments, municipalities, owners of properties, and suppliers.

Specific separation distances and firing requirements can be found in codes such as those of the International Fire Code, National Fire Protection Association, and some of the national pyrotechnic organizations. The storage of fireworks is regulated extensively. These national codes and guidelines are minimum requirements only. They are very specific and mandate that shooters have thorough knowledge of the requirements in the state or municipality in which they are shooting.

In almost every accident involving a public display, the cause was a code violation. Some product defects also have been noted, especially in imported shells from China and Mexico. Prior to the terrorist attacks on Sept. 11, 2001, almost anybody could write a check and purchase display-type fireworks. The BTAF and Homeland Security have put an end to that, requiring background checks and licenses for shooters of 1.3g fireworks.

Analyses of the injuries sustained during public displays, as published by the CPSC and NFPA, show that, in almost every case, the causes were human error. This opens the door for extensive legal and liability issues for insurers. Any accident involving display pyrotechnics should encompass extensive scene documentation, including scaled diagrams, weather conditions, preservation of evidence, witness statements, photographs, information on suppliers and types of shells used, code compliance issues, and aerial photos of the area. Many local law enforcement agencies, fire departments, and SIU personnel do not have the necessary background to complete extensive code analyses. Locating licensed shooters with extensive knowledge of the applicable codes and associated forensic skills can greatly assist in handling claims efficiently.

When used properly, under competent adult supervision, consumer fireworks can be used safely, but still pose risks for injury. Display fireworks see fewer injuries, due to the presence of professional shooters but, when accidents occur, the injuries often are serious, if not fatal. A complete and detailed examination by a qualified investigator will assist insurance companies and local jurisdictions in determining the causes of any firework-related incidents.

Jeff Berino is a senior fire investigator for Professional Investigative Engineers in Colorado. He can be contacted at [email protected].