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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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