As Passed by the House                        1            

123rd General Assembly                                             4            

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

      1999-2000                                                    6            


  REPRESENTATIVES TRAKAS-AMSTUTZ-GOODMAN-VERICH-SULLIVAN-PERRY-    8            

  BARNES-TIBERI-REDFERN-BENDER-BUEHRER-CALVERT-HARTNETT-EVANS-     9            

  FLANNERY-CAREY-JONES-D. MILLER-HARRIS-LOGAN-SCHURING-SCHULER-    10           

 METZGER-FERDERBER-STEVENS-ROBINSON-GRENDELL-CATES-BOYD-DISTEL-    11           

  CLANCY-WINKLER-SMITH-WOMER BENJAMIN-TERWILLEGER-JAMES-PRINGLE    12           


_________________________________________________________________   13           

                          A   B I L L                                           

             To amend sections 3743.53, 3743.54, 3743.64, and      15           

                3743.99 of the Revised Code to require the         16           

                suspension or revocation of the fireworks                       

                exhibitor license of a person who is convicted of  17           

                violating fireworks exhibition safety standards,   18           

                to require a fire chief or fire prevention         19           

                officer, in consultation with a police chief, to                

                complete a detailed checklist while inspecting     21           

                the premises before a fireworks exhibition takes   22           

                place to ensure compliance with all applicable     23           

                statutory and rule requirements, to require the                 

                State Fire Marshal to adopt uniform standards for  24           

                the stability of fireworks exhibition fireworks    25           

                storage racks, and to generally prohibit                        

                dismantling, repositioning, or otherwise           26           

                disturbing an accident site of a fireworks         27           

                exhibition.                                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        29           

      Section 1.  That sections 3743.53, 3743.54, 3743.64, and     31           

3743.99 of the Revised Code be amended to read as follows:         32           

      Sec. 3743.53.  (A)  The fire marshal shall adopt rules in    42           

accordance with Chapter 119. of the Revised Code that establish    43           

                                                          2      


                                                                 
qualifications that all applicants for licensure as an exhibitor   44           

of fireworks shall satisfy.  These rules shall be designed to      45           

provide a reasonable degree of assurance that individuals          46           

conducting public fireworks exhibitions in this state are          47           

proficient in handling and discharging fireworks, are capable of   48           

handling the responsibilities associated with exhibitions as       49           

prescribed by rule of the fire marshal pursuant to division        50           

DIVISIONS (B) AND (E) of this section or as prescribed by          52           

sections 3743.50 to 3743.55 of the Revised Code, and will conduct  53           

fireworks exhibitions in a manner that emphasizes the safety and   54           

security of the public.  The rules shall be consistent with        55           

sections 3743.50 to 3743.55 of the Revised Code and may include,   56           

in addition to other requirements prescribed by the fire marshal,  57           

a requirement that the applicant for licensure successfully        58           

complete a written examination or otherwise successfully           59           

demonstrate its proficiency in the handling and discharging of     60           

fireworks in a safe manner and its ability to handle the           61           

responsibilities associated with exhibitions.                      62           

      (B)  The fire marshal shall adopt rules in accordance with   65           

Chapter 119. of the Revised Code that govern the nature and        66           

conduct of public fireworks exhibitions by licensed exhibitors of  67           

fireworks.  These rules shall be designed to promote the safety    68           

and security of persons viewing a fireworks exhibition, to         69           

promote the safety of persons who, although not viewing an         70           

exhibition, could be affected by fireworks used at it, and to      71           

promote the safety and security of exhibitors and their            72           

assistants.                                                                     

      The rules shall be consistent with sections 3743.50 to       74           

3743.55 of the Revised Code,; EXCEPT AS OTHERWISE PROVIDED IN      75           

THIS SECTION, SHALL be substantially equivalent to the most        77           

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

recent national fire protection association standards,; and SHALL  79           

apply to, but not be limited to, the following subject matters:    80           

      (1)  The construction of shells used in a fireworks          82           

                                                          3      


                                                                 
exhibition;                                                        83           

      (2)  The EXCEPT AS THE STORAGE OF FIREWORKS IS ADDRESSED BY  85           

THE RULES ADOPTED UNDER DIVISION (E) OF THIS SECTION, THE storage  86           

and supervision of fireworks pending their use in, and during the  88           

course of, a fireworks exhibition, and inspections by exhibitors   89           

of fireworks to be used in an exhibition prior to their use.       90           

These rules shall regulate, among other relevant matters, the      91           

storage of fireworks in manners that will effectively eliminate    92           

or reduce the likelihood of the fireworks becoming wet or being    93           

exposed to flame, and appropriate distances between storage sites  94           

and the sites at which fireworks will be discharged.               95           

      (3)  The installation and nature of mortars used in a        97           

fireworks exhibition, and inspections by exhibitors of mortars     98           

prior to their use;                                                99           

      (4)  Minimum distances between storage sites, discharge      101          

sites, spectator viewing sites, parking areas, and potential       102          

landing areas of fireworks, and minimum distances between          103          

discharge sites, potential landing areas, and residential or       104          

other types of buildings or structures;                            105          

      (5)  The nature of discharge sites and potential landing     107          

sites;                                                             108          

      (6)  Fire protection, the use and location of monitors for   110          

crowd control, the use of fences and rope barriers for crowd       111          

control, illumination, smoking and the use of open flame, and      112          

posting of warning signs concerning smoking or the use of open     113          

flame in connection with fireworks exhibitions.  These rules may   114          

provide some authority to local officials in determining adequate  115          

fire protection, and numbers and locations of monitors.            116          

      (7)  Procedures to be followed in the discharging of         118          

fireworks;                                                         119          

      (8)  Weather and crowd-related conditions under which        121          

fireworks may and may not be discharged, including circumstances   122          

under which exhibitions should be postponed;                       123          

      (9)  Inspections of premises following a fireworks           125          

                                                          4      


                                                                 
exhibition for purposes of locating and disposing of defective or  126          

unexploded fireworks.  Inspections shall be required immediately   127          

following an exhibition, and, if an exhibition is conducted at     128          

night, also at sunrise the following morning.                      129          

      (C)  All mortars used in a fireworks exhibition that are     131          

greater than or equal to eight inches in diameter shall be         132          

equipped with electronic ignition equipment in accordance with     133          

chapter 1123 of the most recent edition of the national fire       135          

protection association standards.                                               

      (D)  Only persons who are employees of licensed exhibitors   137          

of fireworks and who are registered with the fire marshal under    138          

section 3743.56 of the Revised Code shall be permitted within the  140          

discharge perimeter of an exhibition.                                           

      (E)(1)  THE FIRE MARSHAL SHALL ADOPT RULES IN ACCORDANCE     142          

WITH CHAPTER 119. OF THE REVISED CODE AND CONSISTENT WITH          144          

DIVISION (E)(3) OF THIS SECTION THAT ESTABLISH BOTH OF THE         145          

FOLLOWING:                                                                      

      (a)  UNIFORM STANDARDS FOR THE STABILITY OF FIREWORKS        147          

STORAGE RACKS USED AT A FIREWORKS EXHIBITION;                      149          

      (b)  A DETAILED CHECKLIST THAT A FIRE CHIEF OR FIRE          151          

PREVENTION OFFICER, IN CONSULTATION WITH A POLICE CHIEF, SHALL     153          

COMPLETE, WHILE CONDUCTING THE INSPECTION REQUIRED UNDER DIVISION  155          

(C) OF SECTION 3743.54 OF THE REVISED CODE AT THE PREMISES AT      156          

WHICH A FIREWORKS EXHIBITION WILL TAKE PLACE, TO ENSURE THAT THE   157          

EXHIBITION WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THIS    158          

CHAPTER, AND ALL APPLICABLE RULES ADOPTED UNDER THIS CHAPTER,      159          

THAT REGULATE THE CONDUCT OF A FIREWORKS EXHIBITION.               160          

      (2)  EACH LICENSED EXHIBITOR OF FIREWORKS SHALL COMPLY WITH  162          

THE RULES THAT THE FIRE MARSHAL ADOPTS UNDER DIVISION (E)(1)(a)    163          

OF THIS SECTION.                                                   164          

      (3)  PRIOR TO THE FIRE MARSHAL'S ADOPTION OF THE RULES       166          

REFERRED TO IN DIVISIONS (E)(1)(a) AND (b) OF THIS SECTION, THE    169          

DIRECTOR OF COMMERCE SHALL APPOINT A COMMITTEE CONSISTING OF THE   170          

FIRE MARSHAL, THREE REPRESENTATIVES OF THE FIREWORKS INDUSTRY,     171          

                                                          5      


                                                                 
AND THREE REPRESENTATIVES OF THE FIRE SERVICE INDUSTRY TO ASSIST   172          

THE FIRE MARSHAL IN ADOPTING THOSE RULES.  THE FIRE MARSHAL SHALL  173          

ADOPT INITIAL RULES UNDER THOSE DIVISIONS BY NOT LATER THAN MAY    174          

1, 2001.                                                                        

      (F)  A FIRE CHIEF OR FIRE PREVENTION OFFICER, IN             176          

CONSULTATION WITH A POLICE CHIEF, SHALL CONDUCT THE INSPECTION     178          

REFERRED TO IN DIVISION (E)(1)(b) OF THIS SECTION, COMPLETE THE    180          

CHECKLIST REFERRED TO IN DIVISION (E)(1)(b) OF THIS SECTION WHILE  181          

CONDUCTING THE INSPECTION, AND PROVIDE A COPY OF THE COMPLETED     182          

CHECKLIST TO THE FIRE MARSHAL.                                     183          

      Sec. 3743.54.  (A)  A licensed exhibitor of fireworks may    192          

acquire fireworks for use at a public fireworks exhibition only    193          

from a licensed manufacturer of fireworks or licensed wholesaler   194          

of fireworks, and only in accordance with the procedures           195          

specified in this section and section 3743.55 of the Revised       196          

Code.  A licensed exhibitor shall not acquire, for any purpose,    197          

1.4G fireworks as designated by the fire marshal in rules adopted  200          

pursuant to division (A) of section 3743.05 of the Revised Code.   201          

      (B)(1)  A licensed exhibitor of fireworks who wishes to      203          

conduct a public fireworks exhibition shall apply for approval to  204          

conduct the exhibition to whichever of the following persons is    205          

appropriate under the circumstances:                               206          

      (a)  Unless division (B)(1)(c) or (d) of this section        208          

applies, if the exhibition will take place in a municipal          209          

corporation, the approval shall be obtained from the fire chief    210          

and the police chief of the particular municipal corporation;.     211          

      (b)  Unless division (B)(1)(c) or (d) of this section        213          

applies, if the exhibition will take place in an unincorporated    214          

area, the approval shall be obtained from the fire chief of the    215          

particular township or township fire district and the police       216          

chief of the particular township or township police district;.     217          

      (c)  If fire protection services for the premises on which   219          

the exhibition will take place are provided in accordance with a   220          

contract between political subdivisions, the approval shall be     221          

                                                          6      


                                                                 
obtained from the fire chief of the political subdivision          222          

providing the fire protection services and the police chief of     223          

the political subdivision in which the premises on which the       224          

exhibition will take place are located.  If police services for    225          

the premises on which the exhibition will take place are provided  226          

in accordance with a contract between political subdivisions, the  227          

approval shall be obtained from the police chief of the political  228          

subdivision providing the police services and the fire chief of    229          

the political subdivision in which the premises on which the       230          

exhibition will take place are located.  If both fire and police   231          

protection services for the premises on which the exhibition will  232          

take place are provided in accordance with a contract between      233          

political subdivisions, the approval shall be obtained from the    234          

fire chief and police chief of the political subdivisions          235          

providing the police and fire protection services;.                236          

      (d)  If there is no municipal corporation, township, or      238          

township fire district fire department, no municipal corporation,  239          

township, or township police district police department, and no    240          

contract for police or fire protection services between political  241          

subdivisions covering the premises on which the exhibition will    242          

take place, the approval shall be obtained from the fire           243          

prevention officer and law enforcement officer having              244          

jurisdiction over the premises.                                    245          

      (2)  The approval required by division (B)(1) of this        247          

section shall be evidenced by the fire chief or fire prevention    248          

officer and the police chief signing a permit for the exhibition.  249          

The fire marshal shall prescribe the form of exhibition permits    250          

and distribute copies of the form to fire chiefs, fire prevention  251          

officers, and police chiefs in this state.  Any exhibitor of       252          

fireworks who wishes to conduct a public fireworks exhibition may  253          

obtain a copy of the form from the fire marshal or, if it is       254          

available, from a fire chief, fire prevention officer, or police   255          

chief.                                                             256          

      (C)  Before signing a permit IS SIGNED and issuing it        258          

                                                          7      


                                                                 
ISSUED to a licensed exhibitor of fireworks, a THE fire chief or   260          

fire prevention officer and, IN CONSULTATION WITH the police       262          

chief, shall inspect the premises on which the exhibition will     264          

take place and shall determine that, in fact, the applicant for    265          

the permit is a licensed exhibitor of fireworks.  Each applicant   266          

shall show the applicant's license as an exhibitor of fireworks    268          

to the fire chief or fire prevention officer and the police        269          

chief.                                                                          

      The fire chief or fire prevention officer and the police     271          

chief shall give approval to conduct a public fireworks            272          

exhibition only if satisfied, based on the inspection, that the    274          

premises on which the exhibition will be conducted allow the                    

exhibitor to comply with the rules adopted by the fire marshal     275          

pursuant to division DIVISIONS (B) AND (E) of section 3743.53 of   277          

the Revised Code and that the applicant is, in fact, a licensed    278          

exhibitor of fireworks.  The fire chief or fire prevention         279          

officer and, IN CONSULTATION WITH the police chief, may inspect    281          

the premises immediately prior to the exhibition to determine if   282          

the exhibitor has complied with the rules, and may revoke a        283          

permit for noncompliance with the rules.                                        

      (D)  If the legislative authorities of their political       285          

subdivisions have prescribed a fee for the issuance of a permit    286          

for a public fireworks exhibition, fire chiefs or fire prevention  287          

officers and police chiefs shall not issue a permit until the      288          

exhibitor pays the requisite fee.                                  289          

      Each exhibitor shall provide an indemnity bond in the        291          

amount of at least one million dollars, with surety satisfactory   293          

to the fire chief or fire prevention officer and the police        294          

chief, conditioned for the payment of all final judgments that     295          

may be rendered against the exhibitor on account of injury,                     

death, or loss to persons or property emanating from the           296          

fireworks exhibition, or proof of insurance coverage of at least   297          

one million dollars for liability arising from injury, death, or   299          

loss to persons or property emanating from the fireworks           300          

                                                          8      


                                                                 
exhibition.  The legislative authority of a political subdivision  301          

in which a public fireworks exhibition will take place may         302          

require the exhibitor to provide an indemnity bond or proof of     303          

insurance coverage in amounts greater than those required by this  304          

division.  Fire chiefs or fire prevention officers and police      305          

chiefs shall not issue a permit until the exhibitor provides the   306          

bond or proof of the insurance coverage required by this division  307          

or by the political subdivision in which the fireworks exhibition  308          

will take place.                                                                

      (E)(1)  Each permit for a fireworks exhibition issued by a   310          

fire chief or fire prevention officer and the police chief shall   311          

contain a distinct number, designate the municipal corporation,    313          

township, or township fire or police district of the fire chief    315          

or fire prevention officer and the police chief, and identify the  316          

certified fire safety inspector, fire chief, or fire prevention    317          

officer who will be present before, during, and after the          318          

exhibition, where appropriate.  A copy of each permit issued                    

shall be forwarded by the fire chief or fire prevention officer    319          

and the police chief issuing it to the fire marshal, who shall     321          

keep a record of the permits received.  A permit is not            322          

transferable or assignable.                                        323          

      (2)  Each fire chief, fire prevention officer, and police    325          

chief shall keep a record of issued permits for fireworks          326          

exhibitions.  In this list, the fire chief, fire prevention        327          

officer, or police chief shall list the name of the exhibitor,     328          

the exhibitor's license number, the premises on which the          329          

exhibition will be conducted, the date and time of the             331          

exhibition, and the number and political subdivision designation   332          

of the permit issued to the exhibitor for the exhibition.          333          

      (F)  The governing authority having jurisdiction in the      335          

location where an exhibition is to take place shall require that   336          

a certified fire safety inspector, fire chief, or fire prevention  337          

officer be present before, during, and after the exhibition, and   338          

shall require the certified fire safety inspector, fire chief, or  339          

                                                          9      


                                                                 
fire prevention officer to inspect the premises where the          340          

exhibition is to take place and determine whether the exhibition                

is in compliance with this chapter.                                341          

      Sec. 3743.64.  (A)  No person shall conduct a fireworks      350          

exhibition in this state or act as an exhibitor of fireworks in    351          

this state unless the person is a licensed exhibitor of            352          

fireworks.                                                         353          

      (B)  No person shall conduct a fireworks exhibition in this  355          

state or act as an exhibitor of fireworks in this state after the  357          

person's license as an exhibitor of fireworks has expired, been    358          

denied renewal, or been revoked, unless a new license has been     360          

obtained.                                                                       

      (C)  No licensed exhibitor of fireworks shall fail to        362          

comply with THE APPLICABLE REQUIREMENTS OF the rules adopted by    363          

the fire marshal pursuant to division DIVISIONS (B) AND (E) of     365          

section 3743.53 of the Revised Code or to comply with divisions    367          

(C) and (D) of that section.                                                    

      (D)  No licensed exhibitor of fireworks shall conduct a      369          

fireworks exhibition unless a permit has been secured for the      370          

exhibition pursuant to section 3743.54 of the Revised Code or if   371          

a permit so secured is revoked by a fire chief or fire prevention  372          

officer and, IN CONSULTATION WITH A police chief, pursuant to      374          

that section.                                                                   

      (E)  No licensed exhibitor of fireworks shall acquire        376          

fireworks for use at a fireworks exhibition other than in          377          

accordance with sections 3743.54 and 3743.55 of the Revised Code.  378          

      (F)  No licensed exhibitor of fireworks or other person      380          

associated with the conduct of a fireworks exhibition shall have   381          

possession or control of, or be under the influence of, any        384          

intoxicating liquor, beer, or controlled substance while on the    385          

premises on which the exhibition is being conducted.                            

      (G)  No licensed exhibitor of fireworks shall permit an      387          

employee to assist the licensed exhibitor in conducting fireworks  388          

exhibitions unless the employee is registered with the fire        389          

                                                          10     


                                                                 
marshal under section 3743.56 of the Revised Code.                 390          

      (H)(1)  AS USED IN THIS DIVISION:                            392          

      (a)  "ACCIDENT" MEANS ANY ACTION OR OMISSION THAT OCCURS AT  394          

A FIREWORKS EXHIBITION, THAT RESULTS IN INJURY OR DEATH, OR A      396          

SUBSTANTIAL RISK OF INJURY OR DEATH, TO ANY PERSON, AND THAT       397          

INVOLVES EITHER OF THE FOLLOWING:                                               

      (i)  THE HANDLING OR OTHER USE OF FIREWORKS OR ASSOCIATED    399          

EQUIPMENT OR OTHER MATERIALS;                                      400          

      (ii)  THE FAILURE OF ANY PERSON TO COMPLY WITH ANY           402          

APPLICABLE REQUIREMENT IMPOSED BY THIS CHAPTER OR ANY APPLICABLE   403          

RULE ADOPTED UNDER THIS CHAPTER.                                   404          

      (b)  "DISCHARGE SITE" MEANS THE AREA IMMEDIATELY             406          

SURROUNDING THE MORTARS USED TO FIRE AERIAL SHELLS.                407          

      (c)  "ACCIDENT SITE" MEANS A DISCHARGE SITE OR OTHER         409          

LOCATION AT A FIREWORKS EXHIBITION WHERE AN ACCIDENT OCCURS, AN    410          

INJURY OR DEATH ASSOCIATED WITH AN ACCIDENT OCCURS, OR EVIDENCE    411          

OF AN ACCIDENT OR AN INJURY OR DEATH ASSOCIATED WITH AN ACCIDENT   412          

IS FOUND.                                                                       

      (2)  NO PERSON SHALL KNOWINGLY, OR KNOWINGLY PERMIT ANOTHER  414          

PERSON TO, DISMANTLE, REPOSITION, OR OTHERWISE DISTURB ANY         416          

EQUIPMENT, FIREWORKS, OR OTHER MATERIALS WITHIN AN ACCIDENT SITE                

OF A FIREWORKS EXHIBITION, OR ANY EVIDENCE RELATED TO AN           417          

ACCIDENT, AT ANY TIME AFTER THAT PERSON HAS REASON TO BELIEVE AN   419          

ACCIDENT HAS OCCURRED BEFORE THE APPROPRIATE LAW ENFORCEMENT       421          

AUTHORITIES PERMIT THE DISMANTLING, REPOSITIONING, OR OTHER                     

DISTURBANCE OF THE MATERIALS WITHIN THE ACCIDENT SITE OR OF ANY    422          

EVIDENCE RELATED TO THE ACCIDENT.                                  423          

      (3)  IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER          425          

DIVISION (H) OF THIS SECTION THAT, IN ORDER TO SECURE AN ACCIDENT  426          

SITE OF A FIREWORKS EXHIBITION OR ANY EVIDENCE RELATED TO AN       427          

ACCIDENT, THE PERSON DISMANTLED, REPOSITIONED, OR OTHERWISE        428          

DISTURBED MATERIALS WITHIN THE ACCIDENT SITE, OR EVIDENCE RELATED  429          

TO THE ACCIDENT, WHICH, AT THE TIME OF THE DISMANTLING,            431          

REPOSITIONING, OR OTHER DISTURBANCE, STILL PRESENTED A DANGER OF   432          

                                                          11     


                                                                 
CAUSING AN EXPLOSION, FIRE, OR SIMILAR THREAT OF ADDITIONAL                     

INJURY OR DEATH TO MEMBERS OF THE PUBLIC.                          433          

      (I)  NO FIRE CHIEF OR FIRE PREVENTION OFFICER, IN            435          

CONSULTATION WITH A POLICE CHIEF, SHALL FAIL TO CONDUCT AN         437          

INSPECTION, COMPLETE THE REQUISITE CHECKLIST WHILE CONDUCTING THE  438          

INSPECTION, OR PROVIDE A COPY OF THE COMPLETED CHECKLIST TO THE    439          

FIRE MARSHAL IN ACCORDANCE WITH DIVISION (F) OF SECTION 3743.53    440          

OF THE REVISED CODE AND THE RULES ADOPTED BY THE FIRE MARSHAL      441          

PURSUANT TO DIVISION (E)(1)(b) OF THAT SECTION.                    442          

      Sec. 3743.99.  (A)  Whoever violates division (A) or (B) of  451          

section 3743.60 OR DIVISION (H) OF SECTION 3743.64 of the Revised  452          

Code is guilty of a felony of the third degree.                    453          

      (B)  Whoever violates division (C) or (D) of section         455          

3743.60, division (A), (B), (C), or (D) of section 3743.61, or     456          

division (A) or (B) of section 3743.64 of the Revised Code is      457          

guilty of a felony of the fourth degree.                                        

      (C)  Whoever violates division (E), (F), (G), (H), (I), or   459          

(J) of section 3743.60, division (E), (F), (G), (H), (I), or (J)   460          

of section 3743.61, section 3743.63, division (C), (D), (E), (F),  461          

or (G), OR (I) of section 3743.64, division (A), (B), (C), (D),    463          

or (F) of section 3743.65, or section 3743.66 of the Revised Code  465          

is guilty of a misdemeanor of the first degree.  If the offender   466          

previously has been convicted of or pleaded guilty to a violation               

of division (I) of section 3743.60 or 3743.61 of the Revised       467          

Code, a violation of either of these divisions is a felony of the  468          

fifth degree.                                                                   

      (D)  WHOEVER VIOLATES DIVISION (C) OF SECTION 3743.64 OF     470          

THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.   472          

IN ADDITION TO ANY OTHER PENALTIES THAT MAY BE IMPOSED ON A        473          

LICENSED EXHIBITOR OF FIREWORKS UNDER THIS DIVISION AND UNLESS     474          

THE THIRD SENTENCE OF THIS DIVISION APPLIES, THE PERSON'S LICENSE  475          

AS AN EXHIBITOR OF FIREWORKS OR AS AN ASSISTANT EXHIBITOR OF                    

FIREWORKS SHALL BE SUSPENDED FOR A PERIOD OF FIVE YEARS.  IF THE   477          

VIOLATION OF DIVISION (C) OF SECTION 3743.64 OF THE REVISED CODE   478          

                                                          12     


                                                                 
RESULTS IN A SERIOUS ACCIDENT, AS DEFINED IN DIVISION (H) OF THAT  480          

SECTION, THE PERSON'S LICENSE AS AN EXHIBITOR OF FIREWORKS OR AS   481          

AN ASSISTANT EXHIBITOR OF FIREWORKS SHALL BE REVOKED, AND THAT     482          

PERSON SHALL NOT AGAIN BE ELIGIBLE TO BE LICENSED AS AN EXHIBITOR  483          

OF FIREWORKS OR AS AN ASSISTANT EXHIBITOR OF FIREWORKS IN THIS     484          

STATE.                                                                          

      (E)  Whoever violates division (G) of section 3743.65 of     487          

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

      Section 2.  That existing sections 3743.53, 3743.54,         489          

3743.64, and 3743.99 of the Revised Code are hereby repealed.      490