As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 405 5
1999-2000 6
REPRESENTATIVE TRAKAS 8
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A B I L L
To amend sections 3743.53, 3743.64, and 3743.99 of 11
the Revised Code to require the suspension or 12
revocation of the fireworks exhibitor license of 13
a person who is convicted of violating fireworks
exhibition safety standards, to increase the 14
distance or establish physical barricades between
fireworks discharge sites and spectator viewing 16
sites, and to prohibit dismantling, 17
repositioning, or otherwise disturbing the
discharge site of a fireworks exhibition at which 18
an accident has occurred.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 3743.53, 3743.64, and 3743.99 of 22
the Revised Code be amended to read as follows: 23
Sec. 3743.53. (A) The fire marshal shall adopt rules in 33
accordance with Chapter 119. of the Revised Code that establish 34
qualifications that all applicants for licensure as an exhibitor 35
of fireworks shall satisfy. These rules shall be designed to 36
provide a reasonable degree of assurance that individuals 37
conducting public fireworks exhibitions in this state are 38
proficient in handling and discharging fireworks, are capable of 39
handling the responsibilities associated with exhibitions as 40
prescribed by rule of the fire marshal pursuant to division (B) 41
of this section or as prescribed by sections 3743.50 to 3743.55 42
of the Revised Code, and will conduct fireworks exhibitions in a 43
manner that emphasizes the safety and security of the public. 44
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The rules shall be consistent with sections 3743.50 to 3743.55 of 45
the Revised Code and may include, in addition to other 46
requirements prescribed by the fire marshal, a requirement that 47
the applicant for licensure successfully complete a written 48
examination or otherwise successfully demonstrate its proficiency 49
in the handling and discharging of fireworks in a safe manner and 50
its ability to handle the responsibilities associated with 51
exhibitions. 52
(B) The fire marshal shall adopt rules in accordance with 55
Chapter 119. of the Revised Code that govern the nature and 56
conduct of public fireworks exhibitions by licensed exhibitors of 57
fireworks. These rules shall be designed to promote the safety 58
and security of persons viewing a fireworks exhibition, to 59
promote the safety of persons who, although not viewing an 60
exhibition, could be affected by fireworks used at it, and to 61
promote the safety and security of exhibitors and their 62
assistants.
The rules shall be consistent with sections 3743.50 to 64
3743.55 of the Revised Code,; EXCEPT AS OTHERWISE PROVIDED IN 65
THIS SECTION, SHALL be substantially equivalent to the most 67
recent versions of chapters 1123, 1124, and 1126 of the most
recent national fire protection association standards,; and SHALL 69
apply to, but not be limited to, the following subject matters: 70
(1) The construction of shells used in a fireworks 72
exhibition; 73
(2) The storage and supervision of fireworks pending their 75
use in, and during the course of, a fireworks exhibition, and 76
inspections by exhibitors of fireworks to be used in an 77
exhibition prior to their use. These rules shall regulate, among 78
other relevant matters, the storage of fireworks in manners that 79
will effectively eliminate or reduce the likelihood of the 80
fireworks becoming wet or being exposed to flame, and appropriate 81
distances between storage sites and the sites at which fireworks 82
will be discharged. 83
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(3) The installation and nature of mortars used in a 85
fireworks exhibition, and inspections by exhibitors of mortars 86
prior to their use; 87
(4) Minimum distances between storage sites, discharge 89
sites, spectator viewing sites, parking areas, and potential 90
landing areas of fireworks, and minimum distances between 91
discharge sites, potential landing areas, and residential or 92
other types of buildings or structures;. ANY RULES ADOPTED 93
PURSUANT TO THIS DIVISION WITH RESPECT TO THE MINIMUM DISTANCE 96
BETWEEN DISCHARGE SITES AND SPECTATOR VIEWING SITES EITHER SHALL 97
DOUBLE THE MINIMUM DISTANCE BETWEEN DISCHARGE SITES AND SPECTATOR 98
VIEWING SITES REQUIRED BY THE MOST RECENT NATIONAL FIRE 99
PROTECTION ASSOCIATION STANDARDS OR SHALL REQUIRE A PHYSICAL 100
BARRICADE TO BE PLACED BETWEEN DISCHARGE SITES AND ANY SPECTATOR 101
VIEWING SITES. FOR THE PURPOSE OF THIS DIVISION, "BARRICADE" 102
MEANS AN ARTIFICIAL BARRIER CONSTRUCTED OF MOUNDED EARTH, 103
SANDBAGS, CHAIN LINK FENCING, OR OTHER EQUIVALENT FENCING
MATERIAL. 104
(5) The nature of discharge sites and potential landing 106
sites; 107
(6) Fire protection, the use and location of monitors for 109
crowd control, the use of fences and rope barriers for crowd 110
control, illumination, smoking and the use of open flame, and 111
posting of warning signs concerning smoking or the use of open 112
flame in connection with fireworks exhibitions. These rules may 113
provide some authority to local officials in determining adequate 114
fire protection, and numbers and locations of monitors. 115
(7) Procedures to be followed in the discharging of 117
fireworks; 118
(8) Weather and crowd-related conditions under which 120
fireworks may and may not be discharged, including circumstances 121
under which exhibitions should be postponed; 122
(9) Inspections of premises following a fireworks 124
exhibition for purposes of locating and disposing of defective or 125
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unexploded fireworks. Inspections shall be required immediately 126
following an exhibition, and, if an exhibition is conducted at 127
night, also at sunrise the following morning. 128
(C) All mortars used in a fireworks exhibition that are 130
greater than or equal to eight inches in diameter shall be 131
equipped with electronic ignition equipment in accordance with 132
chapter 1123 of the most recent edition of the national fire 134
protection association standards.
(D) Only persons who are employees of licensed exhibitors 136
of fireworks and who are registered with the fire marshal under 137
section 3743.56 of the Revised Code shall be permitted within the 139
discharge perimeter of an exhibition.
Sec. 3743.64. (A) No person shall conduct a fireworks 148
exhibition in this state or act as an exhibitor of fireworks in 149
this state unless the person is a licensed exhibitor of 150
fireworks. 151
(B) No person shall conduct a fireworks exhibition in this 153
state or act as an exhibitor of fireworks in this state after the 155
person's license as an exhibitor of fireworks has expired, been 156
denied renewal, or been revoked, unless a new license has been 158
obtained.
(C) No licensed exhibitor of fireworks shall fail to 160
comply with the rules adopted by the fire marshal pursuant to 161
division (B) of section 3743.53 of the Revised Code or to comply 162
with divisions (C) and (D) of that section. 163
(D) No licensed exhibitor of fireworks shall conduct a 165
fireworks exhibition unless a permit has been secured for the 166
exhibition pursuant to section 3743.54 of the Revised Code or if 167
a permit so secured is revoked by a fire chief or fire prevention 168
officer and police chief pursuant to that section. 169
(E) No licensed exhibitor of fireworks shall acquire 171
fireworks for use at a fireworks exhibition other than in 172
accordance with sections 3743.54 and 3743.55 of the Revised Code. 173
(F) No licensed exhibitor of fireworks or other person 175
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associated with the conduct of a fireworks exhibition shall have 176
possession or control of, or be under the influence of, any 179
intoxicating liquor, beer, or controlled substance while on the 180
premises on which the exhibition is being conducted.
(G) No licensed exhibitor of fireworks shall permit an 182
employee to assist the licensed exhibitor in conducting fireworks 183
exhibitions unless the employee is registered with the fire 184
marshal under section 3743.56 of the Revised Code. 185
(H)(1) AS USED IN THIS DIVISION: 187
(a) "ACCIDENT" MEANS ANY ACTION OR OMISSION THAT OCCURS AT 189
A FIREWORKS EXHIBITION AND THAT RESULTS IN UNINTENDED INJURY OR 191
DEATH TO A PERSON.
(b) "DISCHARGE SITE" MEANS THE AREA IMMEDIATELY 193
SURROUNDING THE MORTARS USED TO FIRE AERIAL SHELLS. 194
(2) NO PERSON SHALL DISMANTLE, REPOSITION, OR OTHERWISE 196
DISTURB ANY EQUIPMENT, FIREWORKS, OR OTHER MATERIALS WITHIN THE 197
DISCHARGE SITE OF A FIREWORKS EXHIBITION AT ANY TIME AFTER THAT 198
PERSON HAS REASON TO BELIEVE AN ACCIDENT HAS OCCURRED THAT 199
INVOLVES THE DISCHARGE SITE AND BEFORE THE APPROPRIATE LAW 200
ENFORCEMENT AUTHORITIES PERMIT THE DISMANTLING, REPOSITIONING, OR 201
OTHER DISTURBANCE OF THE MATERIALS WITHIN THE DISCHARGE SITE. 202
(3) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER 204
DIVISION (H) OF THIS SECTION THAT, IN ORDER TO SECURE THE 205
DISCHARGE SITE OF A FIREWORKS EXHIBITION, THE PERSON DISMANTLED, 206
REPOSITIONED, OR OTHERWISE DISTURBED MATERIALS WITHIN THE 207
DISCHARGE SITE WHICH, AT THE TIME OF THE DISMANTLING, 208
REPOSITIONING, OR OTHER DISTURBANCE, STILL PRESENTED A DANGER OF 209
CAUSING ADDITIONAL INJURY OR DEATH TO MEMBERS OF THE PUBLIC.
Sec. 3743.99. (A) Whoever violates division (A) or (B) of 218
section 3743.60 OR DIVISION (H) OF SECTION 3743.64 of the Revised 219
Code is guilty of a felony of the third degree. 220
(B) Whoever violates division (C) or (D) of section 222
3743.60, division (A), (B), (C), or (D) of section 3743.61, or 223
division (A) or (B) of section 3743.64 of the Revised Code is 224
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guilty of a felony of the fourth degree.
(C) Whoever violates division (E), (F), (G), (H), (I), or 226
(J) of section 3743.60, division (E), (F), (G), (H), (I), or (J) 227
of section 3743.61, section 3743.63, division (C), (D), (E), (F), 228
or (G) of section 3743.64, division (A), (B), (C), (D), or (F) of 231
section 3743.65, or section 3743.66 of the Revised Code is guilty 232
of a misdemeanor of the first degree. If the offender previously 233
has been convicted of or pleaded guilty to a violation of
division (I) of section 3743.60 or 3743.61 of the Revised Code, a 234
violation of either of these divisions is a felony of the fifth 235
degree.
(D) WHOEVER VIOLATES DIVISION (C) OF SECTION 3743.64 OF 237
THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 239
IN ADDITION TO ANY OTHER PENALTIES THAT MAY BE IMPOSED ON A 240
LICENSED EXHIBITOR OF FIREWORKS UNDER THIS DIVISION AND UNLESS 241
THE THIRD SENTENCE OF THIS DIVISION APPLIES, THE PERSON'S LICENSE 242
AS AN EXHIBITOR OF FIREWORKS SHALL BE SUSPENDED FOR A PERIOD OF 243
FIVE YEARS. IF THE VIOLATION OF DIVISION (C) OF SECTION 3743.64 244
OF THE REVISED CODE RESULTS IN A SERIOUS ACCIDENT, AS DEFINED IN 246
DIVISION (H) OF THAT SECTION, THE PERSON'S LICENSE AS AN 247
EXHIBITOR OF FIREWORKS SHALL BE REVOKED, AND THAT PERSON SHALL 248
NOT AGAIN BE ELIGIBLE TO BE LICENSED AS AN EXHIBITOR OF FIREWORKS 249
IN THIS STATE.
(E) Whoever violates division (G) of section 3743.65 of 252
the Revised Code is guilty of a felony of the fifth degree.
Section 2. That existing sections 3743.53, 3743.64, and 254
3743.99 of the Revised Code are hereby repealed. 255