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A 3-year-old boy and his mother each have a long recovery ahead after
being hit by errant fireworks in Vienna, Virginia on July 4th. Despite
the mishap that injured 5 other people, officials with the Fairfax
County Fire & Rescue Department have told us that the display, put on by
Schaefer Pyrotechnics of Ronks, Pennsylvania, was properly inspected
ahead of time and met all of the safety requirements.

Like many other jurisdictions, Fairfax County's requirements are based
on NFPA 1123. NFPA 1123 is the "Code for fireworks display":

This code shall apply to the construction, handling, and use of
fireworks and equipment intended for outdoor fireworks display. It also
shall apply to the general conduct and operation of the display.

If the rules were followed, and still, two innocent people were maimed,
are the rules adequate?

Fairfax County is now asking this question. Battalion Chief Keith
Johnson with the fire prevention division, who was on the scene when the
accident occurred, told 9News Now reporter Gary Reals on Monday: "We are
going to do everything in our power to not let this catastrophe happen
again. If that involves trying to change the code, you got my support
for that."

Officials have said the problem at the Vienna display was a cake box
that tipped over after a shell exploded inside the box. The cake box
contained 25 tubes with 3-inch diameter mortars.

Wayne Stewart is the owner of Fire In The Sky Pyrotechnics. Stewart told
Gary Reals that cake boxes have grown in popularity in recent years.
Stewart believes the fire codes have not caught up with them.

The big issue is stability in the event of a malfunction or misfire. The
ones in Vienna were bolstered by sand bags. The directions on the label
of a cake box Stewart showed 9News Now reads: "Bury 3/4 of box in ground
or place box in strong wooded rack". From what Fairfax County officials
tell us, NFPA 1123 does not require cake boxes to be buried.

The "fireworks aerial display regulatory guidelines" found on the
Fairfax County website aren't specific either. On this issue it reads:
"Mortar racks and cake boxes shall be constructed and secured to prevent
falling over while in use".

Deputy Fire Chief Dave McKernan said today one thing they will consider
in Fairfax County is a requirement for cake boxes to be buried.
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