By Dave Vieser
"This legislation is a great step forward in promoting fire safety." Assemblyman Tom Alfano
Malverne widow helps 'fire-safe' cigarette law pass
A fire one week before Christmas in 1998 at a Brooklyn high rise apartment building, started by a carelessly discarded cigarette, claimed the life of Malverne's Joseph Cavaliere, a Lieutenant in the New York City Fire Department, and brought untold sadness to his family and the Malverne community. However, this tragedy has also proven to be the catalyst for a new statewide cigarette safety law, which fire experts say will save lives in future years.
With a strong push from Debbie Cavaliere, his widow, as well as Assemblyman Tom Alfano, the final version of the law sailed through Albany's legislature this Spring with uncharacteristic lightening like speed, receiving bi-partisan support. It was signed into law by Governor Pataki this month.
"Joe's loss was so fresh in everyone's mind, and this proposed law was a worthwhile cause," said Debbie Cavaliere in an interview last week. "I felt that if we could just put a name and a face behind the law, not just a bill number, it would stand a much better chance of being approved. My husband was very active in the community. Joe would often say to me 'don't just talk about, do it'. Well, I did it and I am sure he is very proud!"
The incident which initiated action on this law occurred when Lt. Cavaliere sustained fatal injuries as he was attempting to rescue an elderly woman trapped on the tenth floor of a fully involved building fire at 17 Vandalia Avenue in the East New York section of Brooklyn. He and two other city firefighters sustained fatal injuries as the blaze erupted into a fireball which swept through the narrow top floor hallway.
Upon investigation, it was determined that the fire was started by a carelessly discarded cigarette.
The road to the bill's recent unanimous passage wasn't an easy one, even with the strong emotional and personal support provided by Mrs. Cavaliere. In 1999, the measure was approved by the Assembly but failed to pass the Senate. The next year, it was refined, and forwarded to the full legislature for early consideration. However, Governor Pataki vetoed the bill after it had passed both the Senate and Assembly.
"I was very disappointed that the Governor vetoed the first bill this year," said Mrs. Cavaliere. "I thought to myself, what do we have to do to get this passed?" However, after some language tightening, the bill was introduced again, passed in record time, and finally signed on August 16.
As part of the process to get the bill passed, Assemblyman Alfano eulogized Lt. Cavaliere on the floor of the State Assembly prior to passage of a legislative resolution celebrating his heroism and life's work.
"A carelessly discarded cigarette caused a fire that killed Joe Cavaliere, a father, a community volunteer and a friend to many" said Assemblyman Alfano (R-Franklin Square). "This incident had a tragic effect on the Malverne community, but, with Debbie Cavaliere's help, along with the support of our local fire departments, we now have in place a law which represents a great step forward in promoting fire safety."
Under the terms of the law, cigarettes sold in the state beginning in January 2003 must stop burning within a specified period of time if not smoked, or they must meet performance standards to limit the risk that lit cigarettes will ignite furniture. Fire officials estimate that up to one-third of all fire deaths are caused by carelessly discarded cigarettes or cigarettes which ignite furniture when smokers fall asleep.
Assemblyman Alfano says that the strong support of the fire service was also very helpful in getting the bill passed. "I can't thank our local volunteer firefighters enough for their help and support. This law is for them and all emergency service personnel who put themselves in harms way."
