Sky Lanterns !

http://www.youtube.com/watch?v=SPAFkX4ADv0

Sky Lanterns Types of Action at State Level

No action

None at State level, but some localities address

SFM “Working on it”

Addressed through Fire Codes

Addressed through Fireworks Codes

Specific legislative ban

Status of the States•No actionCO,KS,KY,MI,MN,MS,ND,PA,VT,WI,WY

•None at State level, but some localities addressAZ,CA,IN,NE,NC,NV,WA

•SFM “Working on it”AK,AL,ID,IA,MA,MI,NM

•Addressed through Fire CodesDC,FL,MD,NY,OR,RI,SC,SD,TX,UT,VA

•Addressed thru Fireworks CodesCN,DE,GA,MN,NJ,OH,TN,WV

•Specific legislative banAR,HI,IL,LA,ME,NH,OK

Handled Under Fireworks Statutes

Either:

• Specifically defined in statute

• By interpretation or decision

Handled under Fireworks Statutes• Specifically defined

Georgia §25-10-1(1) “Fireworks means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, bombs, sparklers, and other combustibles of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance.

§25-10-2 Prohibited fireworks activities

(a) It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or to explode or cause to be exploded, or to possess, manufacture, transport, or store any fireworks except as otherwise provided in this chapter.

Handled Under Fireworks Statutes

• By Interpretation (no examples)

Idaho SFM issued a memorandum stating that sky lanterns do not appear to fall under statutes related to the sale and use of fireworks. The following sections of the IFC can be used for guidance for those localities that wish to restrict the devices:

– IFC §3054 (deliberate or negligent burning)

– IFC §308.1.2 (prohibits throwing or placing ignition sources)

– IFC §308.1.6 (prohibits open flame devices in wildfire risk areas)

– IFC §310.7 (prohibits discarding burning objects)

Handled Under Fire Codes

Either:

• Specifically defined by addition to code

• By interpretation

of the code

Handled under Fire Codes

• Specifically defined

Missouri IFC-based ordinance “Sky Lantern. A device designed to carry an open flame as an airborne light. Also known as kongming lantern, wish lantern, sky candle, fire balloon, etc.

308.1.1.1 “Sky Lanterns. The lighting of, and the release of, sky lanterns shall be prohibited.”

Handled under Fire Codes

• By Interpretation

New Hampshire bulletin 2012-02 SFM has ruled that sky lanterns are a Recreational Fire. “The noncommercial burning of materials other than rubbish for pleasure, religious, ceremonial, cooking or similar purposes in which the fuel burned is not contained in an incinerator, a barbecue grill, or a barbecue pit and the total area is not exceeding 3 ft. in diameter and 2 ft. in height.”

NFPA 1:10.11.5.1 “Open, recreational, and cooking fires shall be constantly attended by a competent person until such fire is extinguished.”

Handled under Other Authority

Utah Amendment: IFC Chapter 3, Section 310.8, Hazardous and Environmental Conditions, is deleted and rewritten:"When the fire code official determines that hazardous environmental conditions necessitate controlled use of any ignition source, including fireworks, lighters, matches, sky lanterns, and smoking materials:(i) the legislative body of a municipality…may prohibit only the ignition or use of the ignition source in mountainous, brush-covered, or forest-covered areas or the wildland urban interface…

Specific Legislative Ban• Hawaii:

– Aerial luminaries; prohibited.  (a)  It shall be unlawful to sell, offer for sale, distribute, possess, ignite, or otherwise use aerial luminaries, commonly known as sky lanterns, Hawaii lanterns, and flying luminaries.

– (b)  Any person who violates this section shall be guilty of a misdemeanor and shall be imprisoned for not more than one year or fined not more than $1,000, or both for each violation.

– (c)  As used in this section, "aerial luminary" refers to airborne paper lanterns containing a small candle or other device for fuel that heats air from inside the lantern causing the lantern to rise into the air and remain airborne until the candle extinguishes."

Issues and Questions• What influenced your state’s decision

about how to address sky lanterns?• Did you try other approaches before

settling on one that worked?• What has been your experience with

getting a ban or restriction passed?• What kind of opposition have you

encountered? Where have you found support?

Issues and Questions

• What has your experience been with enforcement?

• Have you had to deal with home-made sky lanterns?

• Have you encountered unexpected issues or problems along the way?

• What advice would you give to states that want to put a ban or restriction in place?

Whadda ya know bout it?

• NFIRS No separate code

• Statistical data None

• Anecdotal dataSome

Not enough for National Action

2 Big Questions:

• Right now, it’s state-by-state. Is that OK?

• If you’re working on it, would model language be helpful?

International Interest Flaringand Rising…

• UK: Farmers worried about the wire• Spain: Recent ban• Germany: 1 death-Air traffic control

permit• Belgium: UFO-reporting data bank• Thailand: Local bans• Vietnam: Banned after 20 forest fires• Sweden: Permit near airport, or >1/4 mi

No more wire!!!

Next Steps??

A Clear and Present Danger(Instructions on How to Light a Sky Lantern)

• A person wishing light take up a Top;Another person fuel ignited the four angle.

• Wishing light are on the rise, that of the flying cannot the long time not put, and the Flight not to append the foreign body.

• Wishing light rose slowly the sky, do not forget Wishing oh…