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| From the Editor's Desk... |
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A new email address for the newsletter!
In an effort to make things easier for our members, sending articles for the newsletter is now easier to remember.
Simply use the email address above and I'll receive your article. The same criteria still applies. Please put "newsletter" or "article" in the subject line to assure opening.
Please try to avoid PDF format for newsletter submissions.
Try it. You'll like it!
Puddin Race,
St. Lucie County
772-621-3450 |
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Members... join our Members only section. Click Here
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As September rolls around we will have another class of students who complete the Juvenile Firesetter Intervention Specialist I & II (JFIS) classes. This is the third August during which this class has been taught.
This year, the venue was the new Palm Beach County Fire Administrative building, a beautiful new facility. Congratulations to all of you who made the effort and took the time out of your busy schedules to complete the 2009 class. Thanks, as always, to Chuck and Juanita Akers who make putting on these classes seem effortless. Many thanks to instructors Gerri Penney, Rob Rush, Bob Smallacombe who joined me in teaching this class. Without all these people, who have a heart for Florida fire safety educators, these classes wouldn't be possible. It's really a great example of how we help each other in the state of Florida.
Next month, Fire Prevention Month. For most, this life-saving outreach is continued throughout the year and not just in the month of October. Hang on to your hats and keep pushing all the safety messages. I know you all are working diligently for Florida's citizens. Try to not get burned out. It's a busy time of year.
Regards,
Puddin Race, FAFLSE Chair
772-621-3450
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| Important Notice Regarding Student ID's |
Remember... the association no longer accepts social security numbers when signing the sign in sheets at our seminars or conferences. You will need to go to the Florida State Fire College Website, get signed in and get your Student ID. This is the only number that will be accepted.
Article Provided by:
Chuck Akers Executive Director, FFMIA | |
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Fireworks Sales |
Without fail, when the Fourth of July season rolls around, there is a ton of questions about fireworks. I'm not talking about the approved list that the State fire Marshal's Office is required to put out each year. The questions come up right before the season starts or in the midst of the season. Now, I know that my view is not always agreed with, but still it is my view that has been tested in court with desired results.
791.07, has limited the amount of permits that can be issued. It has put a halt to any new ordinances being adopted. Let us concentrate on the ordinance part of it. The jurisdictions that have adopted ordinances, (regulating permitting) prior to the change of 791.07 have had a great influence on the sales of fireworks, with one in particular, Pinellas County. Their ordinance has even been tested by two levels of court and has been found constitutional. Thus the reason for the halting of ordinances relating to fireworks! I think we all know that even if you adopted an ordinance, it cannot conflict with State Statute.
Okay, so we have to deal with the "Note" following 791.07, however lit's not forget that we still have the whole 791 we can facilitate. The convictions we obtained were based on 791, not an ordinance. I have done a lot of homework and a lot of outreach to other agencies for information pertaining to the sale of fireworks, including the Department of Revenue.
Per State Statue, 791.04 which states that to deal with other than what is indicated on the State Fire Marshal's Office web site, an individual would have to be a wholesaler, manufacturer, or distributor. All of which must be on record with the SFMO, By the way, to operate a manufacturer, distributor or wholesaler, you must be on record with the Department of Revenue. Now I can hear several of you saying; Yeah, but what about 791.07, Agriculture and Fish Hatchery Use? "Nothing in this chapter shall prohibit the importation, purchase, sale, or use of fireworks used or to be used solely and exclusively in frightening birds from agricultural works and fush from hatcheries; as such use shall be governed entirely by the rules prescribed by the Department of Agriculture and Comsumer Services." So, let's take a look at 5A-3.
5A-3.001 Application to Sheriff for Use of Firecrackers.
Any person who is engaged in agricultural works or who operated a fish hatchery may use firecrackers solely and exclusively for the purpose of frightening birds from doing harm to any such person's agricultural works or fish hatchery operation; provided that any such person shall first file with the sheriff of the county in which he is engaged in agricultural works or the operation of a fish hatchery a statement in writing that he is engaged in agricultural works, describing the nature of such, or that he operates a figh hatchery, describing the nature of such, and desires to use firecrackers to frighten birds from harming his agricultural works or his fish hatchery operation and that firecrachers will be used solely and exclusively for that purpose.
Specific Authority 791.07 FS. Law Implemented 791.07 FS. History-Repromulgated 12-31-74, Formerly 5A-3.01.
5A-3.002 Acquisition of Firecrackers.
Any person may acquire from any authorized person firecrackers for the purposes stated in Section 5A-3.001, F.A.C., upon presenting a copy of his statement filed with the sheriff.
Specific Authority 791.07 FS. Law Implemented 791.07 FS, History-Repromulgated 12-31-74, Amended 12-54-75, Formerly 5A-3.02.
According to 5A-3 anyone purchasing firecrackers must have a statement filed with the Sheriff. How many of us look for the filing with the Sheriff's Department?
Toward the beginnning of this article I mentioned the Department of Revenue (DOR). In corresponding with the DPR I inquired in several different manners of how a wholesale transaction takes place and what is required. I asked specifically about waivers, the documents individuals sign to get by the law, or so they think.
Below is the notation, very last paragraph from the ruling of Miketa vs State. The judge that gave the favor to Miketa even suggests that it was not a wholesale transaction. Read close what the judge had to say. I have the findings in full if anyone wishes to contact me.
Speaking just for himself, the writer of this opinion would make the following observation. It would seem a matter of common sense that the sale of two firecrackers to a walk-in customer cannot be an exempt transaction, regardless of what the affidavit says, and that a reasonable retailer of fireworks would know this. Two firecrackers is not a wholesale amount, nor an amount which a local government would purchase to put on a fireworks show, nor a commercial quantity which might be employed by a railroad, quarry, or other enterprise. See § 791.04, Fla. Stat. Presumably persons with expertise would supply affidavits in supprt of a traverse so stating. If a reasonalbe retailer of fireworks would realize that the transaction is not exempt and the affidavit is untrue, then a verified motion to dismiss like the one now before us should be denied, and the case should proceed to the jury. See State V. Ortiz, 766 So. 2d 1137, 1142 (Fla. 3d DCA 2000). No such trverse, or argument, has been presented in the present case. Further, since the affidavit indicates a wholesale transaction, the question how a fireworks sale was treated for sales tax purposes may be instructive. See 54 Fla. Jur. 2d Taxation § 3492 et seq. (1999); 55 Fla. Jur. 2d Taxation § 3612 (1999).
I really suggest we all take a deep breath and take another look at this. As far as I am concerned, there is no "Loop Hole". The fireworks industry wants you to think there is. Statutes 791 and 212 (revenue laws) work hand in hand with each other. How the transaction comes down is very important.
We all need to press our States Attorneys Offices to take a look at this again. A Police/Sheriff's Department will need their full support.
Article submitted by:
Wesley Hayes, Fire Marshal
Polk County Fire Services
1st V.P., FFMIA
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Ethical Conduct by Fire Inspectors & Reviewers Directly
Impacts Safety for Everyone |
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The fire service in Florida has an exemplary record when it comes to conducting inspections and plans reviews in an ethical and professional manner. We can help maintain this level of professional competence with reminders of how attitudes about safety and ethics are linked together. In fact, the link between the two is similar to the link between prevention and suppression in the fire service.
One of the main ethical issues facing fire prevention officials is the potential for interaction with contractors and design professionals that leads to a compromise in life safety. In an effort to meet time constraints and budgetary pressure, contractors, architects, and engineers sometimes pass on that pressure to the AHJ in the form of confrontational contact or coercion to accept or pass a project in a manner that violates state adopted codes.
Ethical behavior for the fire prevention officer is a safety issue in part because the attitudes towards life safety are formed before an incident becomes dangerous or public. It appears that in the few examples we have of apparent negligence by fire prevention officials, there can be a corresponding bad attitude towards safety that can be traced back early into those individual's careers. Attitude determines ethics and ethics often governs how an individual views the safety of others and it is this dynamic that links ethics and safety. A simpler way of saying it might be that we care about those we are responsible for a lot more when we care about how we do our jobs.
I try not to take myself very seriously, but I do take my job seriously because at its core, fire prevention shares the same safety goals as firefighting. The difference between prevention and firefighting could be said as fighting fire on the front end instead of on the fire ground. The desired result is the same; keep citizens and fire fighters from death or harm by fire.
When an inspector or reviewer does not fulfill his duties in an ethical manner, he or she is endangering not only the building occupants or innocent by-standers but firefighters and indirectly, the people that we work with everyday. That's because incidents that might bring embarrassment or worse to a department have the sometimes overlooked effect of lowering morale and cohesion and potentially bringing down the attitudes of co-workers.
As a fire prevention official, I try to give contractors and design professionals the benefit of the doubt to an extent. Sometimes things are misunderstood and pressures can cause people to say or do things that they are not fully intending. But there can be no misunderstanding when it comes to life safety and the laws that govern them. Mitigation of problems or trying to solve a construction issue cannot be allowed by the fire prevention officer to cross the line into ethical compromise; the risk and cost is just too high.
I think the code of ethics page at FFMIA puts it pretty well, which reads in part: "As a Fire Marshal or Fire Inspector, I am committed to serving the people of Florida through leadership in life safety through inspection, investigation, public education, code enforcement and code management. As such, I am bound by the ethical principals consistent with professional conduct and I shall... Serve in such a way that I do not realize undue personal gain from the performance of my official duties."
Article Submitted by:
Morgan White,Engineer II
850-413-3740
Plans Review Section,
Bureau of Fire Prevention
State Fire Marshal
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| Lakeland Welcomes New Public Education/Information Officer |
Hope Warren is the new Public Education/Information Officer for the City of Lakeland Fire Department. She taught students ranging from Kindergarten through fifth grades, both ESE and non-ESE, in the Polk County Public School system for 13 years before accepting this new endeavor.
It's such a pleasure to welcome a new face to the world of Fire Safety Education.
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| Nomination Time Has Arrived |
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PLEASE, PLEASE, PLEASE Submit Your Nominations!!! It's that time of year again to submit nominations for the "Of the Year" awards for Fire Marshal, Fire Inspector, and Fire Investigator. The forms and criteria for nominations can be found at http://www.ffmia.org/Nominations.pdf. Remember to submit a complete nomination packet, including the nomination form, a signed letter from a peer or supervisor, letters providing support, and resume. Many previous nominations have been rejected because the packets were not complete. Let's make this year's process as difficult as possible by having the most nominations ever! Remember what Chuck Akers always tells us...this is the most important thing our association does...recognizing our own! Thanks,
Jeff Collins, PE 2nd Vice President
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