[Adopted 8-16-2011 by L.L. No. 40-2011]
A.
This Legislature hereby finds and determines that Suffolk County
residents enjoy recreating and relaxing outdoors during the warm-weather
months. This Legislature also finds and determines that some County
residents have purchased outdoor fire pits, fireplaces, and firepots
to provide warmth and light when enjoying their patios or yards. This
Legislature further finds and determines that many of these products
can use alcohol-based fuel in a pourable gelatinous form, commonly
known as "fuel gel." This Legislature finds that the properties of
fuel gel are such that, as the amount of gel remaining decreases,
it becomes difficult to determine if the substance is still burning.
There is no wick in these products; the entire surface of the gel
burns. This Legislature determines that several accidents have occurred
recently, including two in New York, where containers holding fuel
gel have exploded as people attempt to refill a holder that appears
to be unlit. This Legislature also finds that these accidents have
caused serious, life-threatening injuries. This Legislature further
finds that Michael Hubbard is a fourteen-year old resident of Riverhead
who was severely injured on May 28, 2011, when a relative attempted
to refill a firepot with fuel gel. The firepot and the container of
fuel gel that was being used to refill it both exploded, covering
Michael in burning fuel gel. Michael remains hospitalized, fighting
for his life with severe burns and related organ failure. This Legislature
also determines that fuel gel is difficult to remove from any surface,
including human skin, increasing the risk of injury and the severity
of such injuries. This Legislature further determines that fuel gel
is also difficult to extinguish. Conventional methods of fire extinguishing,
such as smothering the fire or rolling on the floor or ground, are
not as effective on fires involving fuel gel, as the burning gel simply
sticks to any surface it contacts and ignites it. This Legislature
finds that the properties of fuel gels make them a serious risk to
the health and safety of the residents of Suffolk County. Such products
should be banned from sale in the County as a means of protecting
the health, safety and welfare of all County residents.
B.
Therefore, the purpose of this article is to ban the sale of fuel
gel in the County of Suffolk.
As used in this article, the following terms shall have the
meanings indicated:
Any semi-solid, pourable gelatinous material containing ethyl
alcohol manufactured for use in fire pits, fireplaces, firepots or
other similar products.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business of any kind.
No person shall sell or offer for sale fuel gel in the County
of Suffolk.
Violation of this article shall be punishable by a civil fine
of up to $500 for a first violation, with subsequent violations punishable
by a fine of up to $1,000.
This article shall be enforced by the Department of Consumer
Affairs.
The Commissioner of the Suffolk County Department of Consumer
Affairs is hereby authorized and empowered to promulgate such rules
and regulations as he or she deems necessary to implement this article.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall take effect on the 90th day immediately subsequent
to filing in the Office of the Secretary of State.
