As Reported by House State Government Committee           1            

123rd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 405  5            

      1999-2000                                                    6            


                      REPRESENTATIVE TRAKAS                        8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend sections 3743.53, 3743.54, 3743.64, and      11           

                3743.99 of the Revised Code to require the         12           

                suspension or revocation of the fireworks                       

                exhibitor license of a person who is convicted of  13           

                violating fireworks exhibition safety standards,   14           

                to require a fire chief or fire prevention         15           

                officer, in consultation with a police chief, to                

                complete a detailed checklist while inspecting     17           

                the premises before a fireworks exhibition takes   18           

                place to ensure compliance with all applicable     19           

                statutory and rule requirements, to require the                 

                State Fire Marshal to adopt uniform standards for  20           

                the stability of fireworks exhibition fireworks    21           

                storage racks, and to generally prohibit                        

                dismantling, repositioning, or otherwise           22           

                disturbing an accident site of a fireworks         23           

                exhibition.                                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 3743.53, 3743.54, 3743.64, and     27           

3743.99 of the Revised Code be amended to read as follows:         28           

      Sec. 3743.53.  (A)  The fire marshal shall adopt rules in    38           

accordance with Chapter 119. of the Revised Code that establish    39           

qualifications that all applicants for licensure as an exhibitor   40           

of fireworks shall satisfy.  These rules shall be designed to      41           

provide a reasonable degree of assurance that individuals          42           

conducting public fireworks exhibitions in this state are          43           

                                                          2      


                                                                 
proficient in handling and discharging fireworks, are capable of   44           

handling the responsibilities associated with exhibitions as       45           

prescribed by rule of the fire marshal pursuant to division        46           

DIVISIONS (B) AND (E) of this section or as prescribed by          48           

sections 3743.50 to 3743.55 of the Revised Code, and will conduct  49           

fireworks exhibitions in a manner that emphasizes the safety and   50           

security of the public.  The rules shall be consistent with        51           

sections 3743.50 to 3743.55 of the Revised Code and may include,   52           

in addition to other requirements prescribed by the fire marshal,  53           

a requirement that the applicant for licensure successfully        54           

complete a written examination or otherwise successfully           55           

demonstrate its proficiency in the handling and discharging of     56           

fireworks in a safe manner and its ability to handle the           57           

responsibilities associated with exhibitions.                      58           

      (B)  The fire marshal shall adopt rules in accordance with   61           

Chapter 119. of the Revised Code that govern the nature and        62           

conduct of public fireworks exhibitions by licensed exhibitors of  63           

fireworks.  These rules shall be designed to promote the safety    64           

and security of persons viewing a fireworks exhibition, to         65           

promote the safety of persons who, although not viewing an         66           

exhibition, could be affected by fireworks used at it, and to      67           

promote the safety and security of exhibitors and their            68           

assistants.                                                                     

      The rules shall be consistent with sections 3743.50 to       70           

3743.55 of the Revised Code,; EXCEPT AS OTHERWISE PROVIDED IN      71           

THIS SECTION, SHALL be substantially equivalent to the most        73           

recent versions of chapters 1123, 1124, and 1126 of the most                    

recent national fire protection association standards,; and SHALL  75           

apply to, but not be limited to, the following subject matters:    76           

      (1)  The construction of shells used in a fireworks          78           

exhibition;                                                        79           

      (2)  The EXCEPT AS THE STORAGE OF FIREWORKS IS ADDRESSED BY  81           

THE RULES ADOPTED UNDER DIVISION (E) OF THIS SECTION, THE storage  82           

and supervision of fireworks pending their use in, and during the  84           

                                                          3      


                                                                 
course of, a fireworks exhibition, and inspections by exhibitors   85           

of fireworks to be used in an exhibition prior to their use.       86           

These rules shall regulate, among other relevant matters, the      87           

storage of fireworks in manners that will effectively eliminate    88           

or reduce the likelihood of the fireworks becoming wet or being    89           

exposed to flame, and appropriate distances between storage sites  90           

and the sites at which fireworks will be discharged.               91           

      (3)  The installation and nature of mortars used in a        93           

fireworks exhibition, and inspections by exhibitors of mortars     94           

prior to their use;                                                95           

      (4)  Minimum distances between storage sites, discharge      97           

sites, spectator viewing sites, parking areas, and potential       98           

landing areas of fireworks, and minimum distances between          99           

discharge sites, potential landing areas, and residential or       100          

other types of buildings or structures;                            101          

      (5)  The nature of discharge sites and potential landing     103          

sites;                                                             104          

      (6)  Fire protection, the use and location of monitors for   106          

crowd control, the use of fences and rope barriers for crowd       107          

control, illumination, smoking and the use of open flame, and      108          

posting of warning signs concerning smoking or the use of open     109          

flame in connection with fireworks exhibitions.  These rules may   110          

provide some authority to local officials in determining adequate  111          

fire protection, and numbers and locations of monitors.            112          

      (7)  Procedures to be followed in the discharging of         114          

fireworks;                                                         115          

      (8)  Weather and crowd-related conditions under which        117          

fireworks may and may not be discharged, including circumstances   118          

under which exhibitions should be postponed;                       119          

      (9)  Inspections of premises following a fireworks           121          

exhibition for purposes of locating and disposing of defective or  122          

unexploded fireworks.  Inspections shall be required immediately   123          

following an exhibition, and, if an exhibition is conducted at     124          

night, also at sunrise the following morning.                      125          

                                                          4      


                                                                 
      (C)  All mortars used in a fireworks exhibition that are     127          

greater than or equal to eight inches in diameter shall be         128          

equipped with electronic ignition equipment in accordance with     129          

chapter 1123 of the most recent edition of the national fire       131          

protection association standards.                                               

      (D)  Only persons who are employees of licensed exhibitors   133          

of fireworks and who are registered with the fire marshal under    134          

section 3743.56 of the Revised Code shall be permitted within the  136          

discharge perimeter of an exhibition.                                           

      (E)(1)  THE FIRE MARSHAL SHALL ADOPT RULES IN ACCORDANCE     138          

WITH CHAPTER 119. OF THE REVISED CODE AND CONSISTENT WITH          140          

DIVISION (E)(3) OF THIS SECTION THAT ESTABLISH BOTH OF THE         141          

FOLLOWING:                                                                      

      (a)  UNIFORM STANDARDS FOR THE STABILITY OF FIREWORKS        143          

STORAGE RACKS USED AT A FIREWORKS EXHIBITION;                      145          

      (b)  A DETAILED CHECKLIST THAT A FIRE CHIEF OR FIRE          147          

PREVENTION OFFICER, IN CONSULTATION WITH A POLICE CHIEF, SHALL     149          

COMPLETE, WHILE CONDUCTING THE INSPECTION REQUIRED UNDER DIVISION  151          

(C) OF SECTION 3743.54 OF THE REVISED CODE AT THE PREMISES AT      152          

WHICH A FIREWORKS EXHIBITION WILL TAKE PLACE, TO ENSURE THAT THE   153          

EXHIBITION WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THIS    154          

CHAPTER, AND ALL APPLICABLE RULES ADOPTED UNDER THIS CHAPTER,      155          

THAT REGULATE THE CONDUCT OF A FIREWORKS EXHIBITION.               156          

      (2)  EACH LICENSED EXHIBITOR OF FIREWORKS SHALL COMPLY WITH  158          

THE RULES THAT THE FIRE MARSHAL ADOPTS UNDER DIVISION (E)(1)(a)    159          

OF THIS SECTION.                                                   160          

      (3)  PRIOR TO THE FIRE MARSHAL'S ADOPTION OF THE RULES       162          

REFERRED TO IN DIVISIONS (E)(1)(a) AND (b) OF THIS SECTION, THE    165          

DIRECTOR OF COMMERCE SHALL APPOINT A COMMITTEE CONSISTING OF THE   166          

FIRE MARSHAL, THREE REPRESENTATIVES OF THE FIREWORKS INDUSTRY,     167          

AND THREE REPRESENTATIVES OF THE FIRE SERVICE INDUSTRY TO ASSIST   168          

THE FIRE MARSHAL IN ADOPTING THOSE RULES.  THE FIRE MARSHAL SHALL  169          

ADOPT INITIAL RULES UNDER THOSE DIVISIONS BY NOT LATER THAN MAY    170          

1, 2001.                                                                        

                                                          5      


                                                                 
      (F)  A FIRE CHIEF OR FIRE PREVENTION OFFICER, IN             172          

CONSULTATION WITH A POLICE CHIEF, SHALL CONDUCT THE INSPECTION     174          

REFERRED TO IN DIVISION (E)(1)(b) OF THIS SECTION, COMPLETE THE    176          

CHECKLIST REFERRED TO IN DIVISION (E)(1)(b) OF THIS SECTION WHILE  177          

CONDUCTING THE INSPECTION, AND PROVIDE A COPY OF THE COMPLETED     178          

CHECKLIST TO THE FIRE MARSHAL.                                     179          

      Sec. 3743.54.  (A)  A licensed exhibitor of fireworks may    188          

acquire fireworks for use at a public fireworks exhibition only    189          

from a licensed manufacturer of fireworks or licensed wholesaler   190          

of fireworks, and only in accordance with the procedures           191          

specified in this section and section 3743.55 of the Revised       192          

Code.  A licensed exhibitor shall not acquire, for any purpose,    193          

1.4G fireworks as designated by the fire marshal in rules adopted  196          

pursuant to division (A) of section 3743.05 of the Revised Code.   197          

      (B)(1)  A licensed exhibitor of fireworks who wishes to      199          

conduct a public fireworks exhibition shall apply for approval to  200          

conduct the exhibition to whichever of the following persons is    201          

appropriate under the circumstances:                               202          

      (a)  Unless division (B)(1)(c) or (d) of this section        204          

applies, if the exhibition will take place in a municipal          205          

corporation, the approval shall be obtained from the fire chief    206          

and the police chief of the particular municipal corporation;.     207          

      (b)  Unless division (B)(1)(c) or (d) of this section        209          

applies, if the exhibition will take place in an unincorporated    210          

area, the approval shall be obtained from the fire chief of the    211          

particular township or township fire district and the police       212          

chief of the particular township or township police district;.     213          

      (c)  If fire protection services for the premises on which   215          

the exhibition will take place are provided in accordance with a   216          

contract between political subdivisions, the approval shall be     217          

obtained from the fire chief of the political subdivision          218          

providing the fire protection services and the police chief of     219          

the political subdivision in which the premises on which the       220          

exhibition will take place are located.  If police services for    221          

                                                          6      


                                                                 
the premises on which the exhibition will take place are provided  222          

in accordance with a contract between political subdivisions, the  223          

approval shall be obtained from the police chief of the political  224          

subdivision providing the police services and the fire chief of    225          

the political subdivision in which the premises on which the       226          

exhibition will take place are located.  If both fire and police   227          

protection services for the premises on which the exhibition will  228          

take place are provided in accordance with a contract between      229          

political subdivisions, the approval shall be obtained from the    230          

fire chief and police chief of the political subdivisions          231          

providing the police and fire protection services;.                232          

      (d)  If there is no municipal corporation, township, or      234          

township fire district fire department, no municipal corporation,  235          

township, or township police district police department, and no    236          

contract for police or fire protection services between political  237          

subdivisions covering the premises on which the exhibition will    238          

take place, the approval shall be obtained from the fire           239          

prevention officer and law enforcement officer having              240          

jurisdiction over the premises.                                    241          

      (2)  The approval required by division (B)(1) of this        243          

section shall be evidenced by the fire chief or fire prevention    244          

officer and the police chief signing a permit for the exhibition.  245          

The fire marshal shall prescribe the form of exhibition permits    246          

and distribute copies of the form to fire chiefs, fire prevention  247          

officers, and police chiefs in this state.  Any exhibitor of       248          

fireworks who wishes to conduct a public fireworks exhibition may  249          

obtain a copy of the form from the fire marshal or, if it is       250          

available, from a fire chief, fire prevention officer, or police   251          

chief.                                                             252          

      (C)  Before signing a permit IS SIGNED and issuing it        254          

ISSUED to a licensed exhibitor of fireworks, a THE fire chief or   256          

fire prevention officer and, IN CONSULTATION WITH the police       258          

chief, shall inspect the premises on which the exhibition will     260          

take place and shall determine that, in fact, the applicant for    261          

                                                          7      


                                                                 
the permit is a licensed exhibitor of fireworks.  Each applicant   262          

shall show the applicant's license as an exhibitor of fireworks    264          

to the fire chief or fire prevention officer and the police        265          

chief.                                                                          

      The fire chief or fire prevention officer and the police     267          

chief shall give approval to conduct a public fireworks            268          

exhibition only if satisfied, based on the inspection, that the    270          

premises on which the exhibition will be conducted allow the                    

exhibitor to comply with the rules adopted by the fire marshal     271          

pursuant to division DIVISIONS (B) AND (E) of section 3743.53 of   273          

the Revised Code and that the applicant is, in fact, a licensed    274          

exhibitor of fireworks.  The fire chief or fire prevention         275          

officer and, IN CONSULTATION WITH the police chief, may inspect    277          

the premises immediately prior to the exhibition to determine if   278          

the exhibitor has complied with the rules, and may revoke a        279          

permit for noncompliance with the rules.                                        

      (D)  If the legislative authorities of their political       281          

subdivisions have prescribed a fee for the issuance of a permit    282          

for a public fireworks exhibition, fire chiefs or fire prevention  283          

officers and police chiefs shall not issue a permit until the      284          

exhibitor pays the requisite fee.                                  285          

      Each exhibitor shall provide an indemnity bond in the        287          

amount of at least one million dollars, with surety satisfactory   289          

to the fire chief or fire prevention officer and the police        290          

chief, conditioned for the payment of all final judgments that     291          

may be rendered against the exhibitor on account of injury,                     

death, or loss to persons or property emanating from the           292          

fireworks exhibition, or proof of insurance coverage of at least   293          

one million dollars for liability arising from injury, death, or   295          

loss to persons or property emanating from the fireworks           296          

exhibition.  The legislative authority of a political subdivision  297          

in which a public fireworks exhibition will take place may         298          

require the exhibitor to provide an indemnity bond or proof of     299          

insurance coverage in amounts greater than those required by this  300          

                                                          8      


                                                                 
division.  Fire chiefs or fire prevention officers and police      301          

chiefs shall not issue a permit until the exhibitor provides the   302          

bond or proof of the insurance coverage required by this division  303          

or by the political subdivision in which the fireworks exhibition  304          

will take place.                                                                

      (E)(1)  Each permit for a fireworks exhibition issued by a   306          

fire chief or fire prevention officer and the police chief shall   307          

contain a distinct number, designate the municipal corporation,    309          

township, or township fire or police district of the fire chief    311          

or fire prevention officer and the police chief, and identify the  312          

certified fire safety inspector, fire chief, or fire prevention    313          

officer who will be present before, during, and after the          314          

exhibition, where appropriate.  A copy of each permit issued                    

shall be forwarded by the fire chief or fire prevention officer    315          

and the police chief issuing it to the fire marshal, who shall     317          

keep a record of the permits received.  A permit is not            318          

transferable or assignable.                                        319          

      (2)  Each fire chief, fire prevention officer, and police    321          

chief shall keep a record of issued permits for fireworks          322          

exhibitions.  In this list, the fire chief, fire prevention        323          

officer, or police chief shall list the name of the exhibitor,     324          

the exhibitor's license number, the premises on which the          325          

exhibition will be conducted, the date and time of the             327          

exhibition, and the number and political subdivision designation   328          

of the permit issued to the exhibitor for the exhibition.          329          

      (F)  The governing authority having jurisdiction in the      331          

location where an exhibition is to take place shall require that   332          

a certified fire safety inspector, fire chief, or fire prevention  333          

officer be present before, during, and after the exhibition, and   334          

shall require the certified fire safety inspector, fire chief, or  335          

fire prevention officer to inspect the premises where the          336          

exhibition is to take place and determine whether the exhibition                

is in compliance with this chapter.                                337          

      Sec. 3743.64.  (A)  No person shall conduct a fireworks      346          

                                                          9      


                                                                 
exhibition in this state or act as an exhibitor of fireworks in    347          

this state unless the person is a licensed exhibitor of            348          

fireworks.                                                         349          

      (B)  No person shall conduct a fireworks exhibition in this  351          

state or act as an exhibitor of fireworks in this state after the  353          

person's license as an exhibitor of fireworks has expired, been    354          

denied renewal, or been revoked, unless a new license has been     356          

obtained.                                                                       

      (C)  No licensed exhibitor of fireworks shall fail to        358          

comply with THE APPLICABLE REQUIREMENTS OF the rules adopted by    359          

the fire marshal pursuant to division DIVISIONS (B) AND (E) of     361          

section 3743.53 of the Revised Code or to comply with divisions    363          

(C) and (D) of that section.                                                    

      (D)  No licensed exhibitor of fireworks shall conduct a      365          

fireworks exhibition unless a permit has been secured for the      366          

exhibition pursuant to section 3743.54 of the Revised Code or if   367          

a permit so secured is revoked by a fire chief or fire prevention  368          

officer and, IN CONSULTATION WITH A police chief, pursuant to      370          

that section.                                                                   

      (E)  No licensed exhibitor of fireworks shall acquire        372          

fireworks for use at a fireworks exhibition other than in          373          

accordance with sections 3743.54 and 3743.55 of the Revised Code.  374          

      (F)  No licensed exhibitor of fireworks or other person      376          

associated with the conduct of a fireworks exhibition shall have   377          

possession or control of, or be under the influence of, any        380          

intoxicating liquor, beer, or controlled substance while on the    381          

premises on which the exhibition is being conducted.                            

      (G)  No licensed exhibitor of fireworks shall permit an      383          

employee to assist the licensed exhibitor in conducting fireworks  384          

exhibitions unless the employee is registered with the fire        385          

marshal under section 3743.56 of the Revised Code.                 386          

      (H)(1)  AS USED IN THIS DIVISION:                            388          

      (a)  "ACCIDENT" MEANS ANY ACTION OR OMISSION THAT OCCURS AT  390          

A FIREWORKS EXHIBITION, THAT RESULTS IN INJURY OR DEATH, OR A      392          

                                                          10     


                                                                 
SUBSTANTIAL RISK OF INJURY OR DEATH, TO ANY PERSON, AND THAT       393          

INVOLVES EITHER OF THE FOLLOWING:                                               

      (i)  THE HANDLING OR OTHER USE OF FIREWORKS OR ASSOCIATED    395          

EQUIPMENT OR OTHER MATERIALS;                                      396          

      (ii)  THE FAILURE OF ANY PERSON TO COMPLY WITH ANY           398          

APPLICABLE REQUIREMENT IMPOSED BY THIS CHAPTER OR ANY APPLICABLE   399          

RULE ADOPTED UNDER THIS CHAPTER.                                   400          

      (b)  "DISCHARGE SITE" MEANS THE AREA IMMEDIATELY             402          

SURROUNDING THE MORTARS USED TO FIRE AERIAL SHELLS.                403          

      (c)  "ACCIDENT SITE" MEANS A DISCHARGE SITE OR OTHER         405          

LOCATION AT A FIREWORKS EXHIBITION WHERE AN ACCIDENT OCCURS, AN    406          

INJURY OR DEATH ASSOCIATED WITH AN ACCIDENT OCCURS, OR EVIDENCE    407          

OF AN ACCIDENT OR AN INJURY OR DEATH ASSOCIATED WITH AN ACCIDENT   408          

IS FOUND.                                                                       

      (2)  NO PERSON SHALL KNOWINGLY, OR KNOWINGLY PERMIT ANOTHER  410          

PERSON TO, DISMANTLE, REPOSITION, OR OTHERWISE DISTURB ANY         412          

EQUIPMENT, FIREWORKS, OR OTHER MATERIALS WITHIN AN ACCIDENT SITE                

OF A FIREWORKS EXHIBITION, OR ANY EVIDENCE RELATED TO AN           413          

ACCIDENT, AT ANY TIME AFTER THAT PERSON HAS REASON TO BELIEVE AN   415          

ACCIDENT HAS OCCURRED BEFORE THE APPROPRIATE LAW ENFORCEMENT       417          

AUTHORITIES PERMIT THE DISMANTLING, REPOSITIONING, OR OTHER                     

DISTURBANCE OF THE MATERIALS WITHIN THE ACCIDENT SITE OR OF ANY    418          

EVIDENCE RELATED TO THE ACCIDENT.                                  419          

      (3)  IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER          421          

DIVISION (H) OF THIS SECTION THAT, IN ORDER TO SECURE AN ACCIDENT  422          

SITE OF A FIREWORKS EXHIBITION OR ANY EVIDENCE RELATED TO AN       423          

ACCIDENT, THE PERSON DISMANTLED, REPOSITIONED, OR OTHERWISE        424          

DISTURBED MATERIALS WITHIN THE ACCIDENT SITE, OR EVIDENCE RELATED  425          

TO THE ACCIDENT, WHICH, AT THE TIME OF THE DISMANTLING,            427          

REPOSITIONING, OR OTHER DISTURBANCE, STILL PRESENTED A DANGER OF   428          

CAUSING AN EXPLOSION, FIRE, OR SIMILAR THREAT OF ADDITIONAL                     

INJURY OR DEATH TO MEMBERS OF THE PUBLIC.                          429          

      (I)  NO FIRE CHIEF OR FIRE PREVENTION OFFICER, IN            431          

CONSULTATION WITH A POLICE CHIEF, SHALL FAIL TO CONDUCT AN         433          

                                                          11     


                                                                 
INSPECTION, COMPLETE THE REQUISITE CHECKLIST WHILE CONDUCTING THE  434          

INSPECTION, OR PROVIDE A COPY OF THE COMPLETED CHECKLIST TO THE    435          

FIRE MARSHAL IN ACCORDANCE WITH DIVISION (F) OF SECTION 3743.53    436          

OF THE REVISED CODE AND THE RULES ADOPTED BY THE FIRE MARSHAL      437          

PURSUANT TO DIVISION (E)(1)(b) OF THAT SECTION.                    438          

      Sec. 3743.99.  (A)  Whoever violates division (A) or (B) of  447          

section 3743.60 OR DIVISION (H) OF SECTION 3743.64 of the Revised  448          

Code is guilty of a felony of the third degree.                    449          

      (B)  Whoever violates division (C) or (D) of section         451          

3743.60, division (A), (B), (C), or (D) of section 3743.61, or     452          

division (A) or (B) of section 3743.64 of the Revised Code is      453          

guilty of a felony of the fourth degree.                                        

      (C)  Whoever violates division (E), (F), (G), (H), (I), or   455          

(J) of section 3743.60, division (E), (F), (G), (H), (I), or (J)   456          

of section 3743.61, section 3743.63, division (C), (D), (E), (F),  457          

or (G), OR (I) of section 3743.64, division (A), (B), (C), (D),    459          

or (F) of section 3743.65, or section 3743.66 of the Revised Code  461          

is guilty of a misdemeanor of the first degree.  If the offender   462          

previously has been convicted of or pleaded guilty to a violation               

of division (I) of section 3743.60 or 3743.61 of the Revised       463          

Code, a violation of either of these divisions is a felony of the  464          

fifth degree.                                                                   

      (D)  WHOEVER VIOLATES DIVISION (C) OF SECTION 3743.64 OF     466          

THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.   468          

IN ADDITION TO ANY OTHER PENALTIES THAT MAY BE IMPOSED ON A        469          

LICENSED EXHIBITOR OF FIREWORKS UNDER THIS DIVISION AND UNLESS     470          

THE THIRD SENTENCE OF THIS DIVISION APPLIES, THE PERSON'S LICENSE  471          

AS AN EXHIBITOR OF FIREWORKS OR AS AN ASSISTANT EXHIBITOR OF                    

FIREWORKS SHALL BE SUSPENDED FOR A PERIOD OF FIVE YEARS.  IF THE   473          

VIOLATION OF DIVISION (C) OF SECTION 3743.64 OF THE REVISED CODE   474          

RESULTS IN A SERIOUS ACCIDENT, AS DEFINED IN DIVISION (H) OF THAT  476          

SECTION, THE PERSON'S LICENSE AS AN EXHIBITOR OF FIREWORKS OR AS   477          

AN ASSISTANT EXHIBITOR OF FIREWORKS SHALL BE REVOKED, AND THAT     478          

PERSON SHALL NOT AGAIN BE ELIGIBLE TO BE LICENSED AS AN EXHIBITOR  479          

                                                          12     


                                                                 
OF FIREWORKS OR AS AN ASSISTANT EXHIBITOR OF FIREWORKS IN THIS     480          

STATE.                                                                          

      (E)  Whoever violates division (G) of section 3743.65 of     483          

the Revised Code is guilty of a felony of the fifth degree.                     

      Section 2.  That existing sections 3743.53, 3743.54,         485          

3743.64, and 3743.99 of the Revised Code are hereby repealed.      486