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
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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
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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
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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
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(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.
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(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
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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
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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
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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
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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
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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
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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
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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