As Reported by the Senate State and Local Government 2
and Veterans Affairs Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 405 6
1999-2000 7
REPRESENTATIVES TRAKAS-AMSTUTZ-GOODMAN-VERICH-SULLIVAN-PERRY- 9
BARNES-TIBERI-REDFERN-BENDER-BUEHRER-CALVERT-HARTNETT-EVANS- 10
FLANNERY-CAREY-JONES-D. MILLER-HARRIS-LOGAN-SCHURING-SCHULER- 11
METZGER-FERDERBER-STEVENS-ROBINSON-GRENDELL-CATES-BOYD-DISTEL- 12
CLANCY-WINKLER-SMITH-WOMER BENJAMIN-TERWILLEGER-JAMES-PRINGLE- 13
SENATORS SCHAFRATH-SPADA-WATTS-GARDNER-LATELL 14
_________________________________________________________________ 16
A B I L L
To amend sections 3743.53, 3743.54, 3743.64, and 18
3743.99 of the Revised Code to require the 19
suspension or revocation of the fireworks
exhibitor license of a person who is convicted of 20
violating fireworks exhibition safety standards, 21
to require a fire chief or fire prevention 22
officer, in consultation with a police chief, to
complete a detailed checklist while inspecting 24
the premises before a fireworks exhibition takes 25
place to ensure compliance with all applicable 26
statutory and rule requirements, to require the
State Fire Marshal to adopt uniform standards for 27
the stability of fireworks exhibition fireworks 28
storage racks, and to generally prohibit
dismantling, repositioning, or otherwise 29
disturbing an accident site of a fireworks 30
exhibition.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 3743.53, 3743.54, 3743.64, and 34
3743.99 of the Revised Code be amended to read as follows: 35
2
Sec. 3743.53. (A) The fire marshal shall adopt rules in 45
accordance with Chapter 119. of the Revised Code that establish 46
qualifications that all applicants for licensure as an exhibitor 47
of fireworks shall satisfy. These rules shall be designed to 48
provide a reasonable degree of assurance that individuals 49
conducting public fireworks exhibitions in this state are 50
proficient in handling and discharging fireworks, are capable of 51
handling the responsibilities associated with exhibitions as 52
prescribed by rule of the fire marshal pursuant to division 53
DIVISIONS (B) AND (E) of this section or as prescribed by 55
sections 3743.50 to 3743.55 of the Revised Code, and will conduct 56
fireworks exhibitions in a manner that emphasizes the safety and 57
security of the public. The rules shall be consistent with 58
sections 3743.50 to 3743.55 of the Revised Code and may include, 59
in addition to other requirements prescribed by the fire marshal, 60
a requirement that the applicant for licensure successfully 61
complete a written examination or otherwise successfully 62
demonstrate its proficiency in the handling and discharging of 63
fireworks in a safe manner and its ability to handle the 64
responsibilities associated with exhibitions. 65
(B) The fire marshal shall adopt rules in accordance with 68
Chapter 119. of the Revised Code that govern the nature and 69
conduct of public fireworks exhibitions by licensed exhibitors of 70
fireworks. These rules shall be designed to promote the safety 71
and security of persons viewing a fireworks exhibition, to 72
promote the safety of persons who, although not viewing an 73
exhibition, could be affected by fireworks used at it, and to 74
promote the safety and security of exhibitors and their 75
assistants.
The rules shall be consistent with sections 3743.50 to 77
3743.55 of the Revised Code,; EXCEPT AS OTHERWISE PROVIDED IN 78
THIS SECTION, SHALL be substantially equivalent to the most 80
recent versions of chapters 1123, 1124, and 1126 of the most
recent national fire protection association standards,; and SHALL 82
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apply to, but not be limited to, the following subject matters: 83
(1) The construction of shells used in a fireworks 85
exhibition; 86
(2) The EXCEPT AS THE STORAGE OF FIREWORKS IS ADDRESSED BY 88
THE RULES ADOPTED UNDER DIVISION (E) OF THIS SECTION, THE storage 89
and supervision of fireworks pending their use in, and during the 91
course of, a fireworks exhibition, and inspections by exhibitors 92
of fireworks to be used in an exhibition prior to their use. 93
These rules shall regulate, among other relevant matters, the 94
storage of fireworks in manners that will effectively eliminate 95
or reduce the likelihood of the fireworks becoming wet or being 96
exposed to flame, and appropriate distances between storage sites 97
and the sites at which fireworks will be discharged. 98
(3) The installation and nature of mortars used in a 100
fireworks exhibition, and inspections by exhibitors of mortars 101
prior to their use; 102
(4) Minimum distances between storage sites, discharge 104
sites, spectator viewing sites, parking areas, and potential 105
landing areas of fireworks, and minimum distances between 106
discharge sites, potential landing areas, and residential or 107
other types of buildings or structures; 108
(5) The nature of discharge sites and potential landing 110
sites; 111
(6) Fire protection, the use and location of monitors for 113
crowd control, the use of fences and rope barriers for crowd 114
control, illumination, smoking and the use of open flame, and 115
posting of warning signs concerning smoking or the use of open 116
flame in connection with fireworks exhibitions. These rules may 117
provide some authority to local officials in determining adequate 118
fire protection, and numbers and locations of monitors. 119
(7) Procedures to be followed in the discharging of 121
fireworks; 122
(8) Weather and crowd-related conditions under which 124
fireworks may and may not be discharged, including circumstances 125
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under which exhibitions should be postponed; 126
(9) Inspections of premises following a fireworks 128
exhibition for purposes of locating and disposing of defective or 129
unexploded fireworks. Inspections shall be required immediately 130
following an exhibition, and, if an exhibition is conducted at 131
night, also at sunrise the following morning. 132
(C) All mortars used in a fireworks exhibition that are 134
greater than or equal to eight inches in diameter shall be 135
equipped with electronic ignition equipment in accordance with 136
chapter 1123 of the most recent edition of the national fire 138
protection association standards.
(D) Only persons who are employees of licensed exhibitors 140
of fireworks and who are registered with the fire marshal under 141
section 3743.56 of the Revised Code shall be permitted within the 143
discharge perimeter of an exhibition.
(E)(1) THE FIRE MARSHAL SHALL ADOPT RULES IN ACCORDANCE 145
WITH CHAPTER 119. OF THE REVISED CODE AND CONSISTENT WITH 147
DIVISION (E)(3) OF THIS SECTION THAT ESTABLISH BOTH OF THE 148
FOLLOWING:
(a) UNIFORM STANDARDS FOR THE STABILITY OF FIREWORKS 150
STORAGE RACKS USED AT A FIREWORKS EXHIBITION; 152
(b) A DETAILED CHECKLIST THAT A FIRE CHIEF OR FIRE 154
PREVENTION OFFICER, IN CONSULTATION WITH A POLICE CHIEF, SHALL 156
COMPLETE, WHILE CONDUCTING THE INSPECTION REQUIRED UNDER DIVISION 158
(C) OF SECTION 3743.54 OF THE REVISED CODE AT THE PREMISES AT 159
WHICH A FIREWORKS EXHIBITION WILL TAKE PLACE, TO ENSURE THAT THE 160
EXHIBITION WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THIS 161
CHAPTER, AND ALL APPLICABLE RULES ADOPTED UNDER THIS CHAPTER, 162
THAT REGULATE THE CONDUCT OF A FIREWORKS EXHIBITION. 163
(2) EACH LICENSED EXHIBITOR OF FIREWORKS SHALL COMPLY WITH 165
THE RULES THAT THE FIRE MARSHAL ADOPTS UNDER DIVISION (E)(1)(a) 166
OF THIS SECTION. 167
(3) PRIOR TO THE FIRE MARSHAL'S ADOPTION OF THE RULES 169
REFERRED TO IN DIVISIONS (E)(1)(a) AND (b) OF THIS SECTION, THE 172
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DIRECTOR OF COMMERCE SHALL APPOINT A COMMITTEE CONSISTING OF THE 173
FIRE MARSHAL, THREE REPRESENTATIVES OF THE FIREWORKS INDUSTRY, 174
AND THREE REPRESENTATIVES OF THE FIRE SERVICE INDUSTRY TO ASSIST 175
THE FIRE MARSHAL IN ADOPTING THOSE RULES. THE FIRE MARSHAL SHALL 176
ADOPT INITIAL RULES UNDER THOSE DIVISIONS BY NOT LATER THAN MAY 177
1, 2001.
(F) A FIRE CHIEF OR FIRE PREVENTION OFFICER, IN 179
CONSULTATION WITH A POLICE CHIEF, SHALL CONDUCT THE INSPECTION 181
REFERRED TO IN DIVISION (E)(1)(b) OF THIS SECTION, COMPLETE THE 183
CHECKLIST REFERRED TO IN DIVISION (E)(1)(b) OF THIS SECTION WHILE 184
CONDUCTING THE INSPECTION, AND PROVIDE A COPY OF THE COMPLETED 185
CHECKLIST TO THE FIRE MARSHAL. 186
Sec. 3743.54. (A) A licensed exhibitor of fireworks may 195
acquire fireworks for use at a public fireworks exhibition only 196
from a licensed manufacturer of fireworks or licensed wholesaler 197
of fireworks, and only in accordance with the procedures 198
specified in this section and section 3743.55 of the Revised 199
Code. A licensed exhibitor shall not acquire, for any purpose, 200
1.4G fireworks as designated by the fire marshal in rules adopted 203
pursuant to division (A) of section 3743.05 of the Revised Code. 204
(B)(1) A licensed exhibitor of fireworks who wishes to 206
conduct a public fireworks exhibition shall apply for approval to 207
conduct the exhibition to whichever of the following persons is 208
appropriate under the circumstances: 209
(a) Unless division (B)(1)(c) or (d) of this section 211
applies, if the exhibition will take place in a municipal 212
corporation, the approval shall be obtained from the fire chief 213
and the police chief of the particular municipal corporation;. 214
(b) Unless division (B)(1)(c) or (d) of this section 216
applies, if the exhibition will take place in an unincorporated 217
area, the approval shall be obtained from the fire chief of the 218
particular township or township fire district and the police 219
chief of the particular township or township police district;. 220
(c) If fire protection services for the premises on which 222
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the exhibition will take place are provided in accordance with a 223
contract between political subdivisions, the approval shall be 224
obtained from the fire chief of the political subdivision 225
providing the fire protection services and the police chief of 226
the political subdivision in which the premises on which the 227
exhibition will take place are located. If police services for 228
the premises on which the exhibition will take place are provided 229
in accordance with a contract between political subdivisions, the 230
approval shall be obtained from the police chief of the political 231
subdivision providing the police services and the fire chief of 232
the political subdivision in which the premises on which the 233
exhibition will take place are located. If both fire and police 234
protection services for the premises on which the exhibition will 235
take place are provided in accordance with a contract between 236
political subdivisions, the approval shall be obtained from the 237
fire chief and police chief of the political subdivisions 238
providing the police and fire protection services;. 239
(d) If there is no municipal corporation, township, or 241
township fire district fire department, no municipal corporation, 242
township, or township police district police department, and no 243
contract for police or fire protection services between political 244
subdivisions covering the premises on which the exhibition will 245
take place, the approval shall be obtained from the fire 246
prevention officer and law enforcement officer having 247
jurisdiction over the premises. 248
(2) The approval required by division (B)(1) of this 250
section shall be evidenced by the fire chief or fire prevention 251
officer and the police chief signing a permit for the exhibition. 252
The fire marshal shall prescribe the form of exhibition permits 253
and distribute copies of the form to fire chiefs, fire prevention 254
officers, and police chiefs in this state. Any exhibitor of 255
fireworks who wishes to conduct a public fireworks exhibition may 256
obtain a copy of the form from the fire marshal or, if it is 257
available, from a fire chief, fire prevention officer, or police 258
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chief. 259
(C) Before signing a permit IS SIGNED and issuing it 261
ISSUED to a licensed exhibitor of fireworks, a THE fire chief or 263
fire prevention officer and, IN CONSULTATION WITH the police 265
chief, shall inspect the premises on which the exhibition will 267
take place and shall determine that, in fact, the applicant for 268
the permit is a licensed exhibitor of fireworks. Each applicant 269
shall show the applicant's license as an exhibitor of fireworks 271
to the fire chief or fire prevention officer and the police 272
chief.
The fire chief or fire prevention officer and the police 274
chief shall give approval to conduct a public fireworks 275
exhibition only if satisfied, based on the inspection, that the 277
premises on which the exhibition will be conducted allow the
exhibitor to comply with the rules adopted by the fire marshal 278
pursuant to division DIVISIONS (B) AND (E) of section 3743.53 of 280
the Revised Code and that the applicant is, in fact, a licensed 281
exhibitor of fireworks. The fire chief or fire prevention 282
officer and, IN CONSULTATION WITH the police chief, may inspect 284
the premises immediately prior to the exhibition to determine if 285
the exhibitor has complied with the rules, and may revoke a 286
permit for noncompliance with the rules.
(D) If the legislative authorities of their political 288
subdivisions have prescribed a fee for the issuance of a permit 289
for a public fireworks exhibition, fire chiefs or fire prevention 290
officers and police chiefs shall not issue a permit until the 291
exhibitor pays the requisite fee. 292
Each exhibitor shall provide an indemnity bond in the 294
amount of at least one million dollars, with surety satisfactory 296
to the fire chief or fire prevention officer and the police 297
chief, conditioned for the payment of all final judgments that 298
may be rendered against the exhibitor on account of injury,
death, or loss to persons or property emanating from the 299
fireworks exhibition, or proof of insurance coverage of at least 300
8
one million dollars for liability arising from injury, death, or 302
loss to persons or property emanating from the fireworks 303
exhibition. The legislative authority of a political subdivision 304
in which a public fireworks exhibition will take place may 305
require the exhibitor to provide an indemnity bond or proof of 306
insurance coverage in amounts greater than those required by this 307
division. Fire chiefs or fire prevention officers and police 308
chiefs shall not issue a permit until the exhibitor provides the 309
bond or proof of the insurance coverage required by this division 310
or by the political subdivision in which the fireworks exhibition 311
will take place.
(E)(1) Each permit for a fireworks exhibition issued by a 313
fire chief or fire prevention officer and the police chief shall 314
contain a distinct number, designate the municipal corporation, 316
township, or township fire or police district of the fire chief 318
or fire prevention officer and the police chief, and identify the 319
certified fire safety inspector, fire chief, or fire prevention 320
officer who will be present before, during, and after the 321
exhibition, where appropriate. A copy of each permit issued
shall be forwarded by the fire chief or fire prevention officer 322
and the police chief issuing it to the fire marshal, who shall 324
keep a record of the permits received. A permit is not 325
transferable or assignable. 326
(2) Each fire chief, fire prevention officer, and police 328
chief shall keep a record of issued permits for fireworks 329
exhibitions. In this list, the fire chief, fire prevention 330
officer, or police chief shall list the name of the exhibitor, 331
the exhibitor's license number, the premises on which the 332
exhibition will be conducted, the date and time of the 334
exhibition, and the number and political subdivision designation 335
of the permit issued to the exhibitor for the exhibition. 336
(F) The governing authority having jurisdiction in the 338
location where an exhibition is to take place shall require that 339
a certified fire safety inspector, fire chief, or fire prevention 340
9
officer be present before, during, and after the exhibition, and 341
shall require the certified fire safety inspector, fire chief, or 342
fire prevention officer to inspect the premises where the 343
exhibition is to take place and determine whether the exhibition
is in compliance with this chapter. 344
Sec. 3743.64. (A) No person shall conduct a fireworks 353
exhibition in this state or act as an exhibitor of fireworks in 354
this state unless the person is a licensed exhibitor of 355
fireworks. 356
(B) No person shall conduct a fireworks exhibition in this 358
state or act as an exhibitor of fireworks in this state after the 360
person's license as an exhibitor of fireworks has expired, been 361
denied renewal, or been revoked, unless a new license has been 363
obtained.
(C) No licensed exhibitor of fireworks shall fail to 365
comply with THE APPLICABLE REQUIREMENTS OF the rules adopted by 366
the fire marshal pursuant to division DIVISIONS (B) AND (E) of 368
section 3743.53 of the Revised Code or to comply with divisions 370
(C) and (D) of that section.
(D) No licensed exhibitor of fireworks shall conduct a 372
fireworks exhibition unless a permit has been secured for the 373
exhibition pursuant to section 3743.54 of the Revised Code or if 374
a permit so secured is revoked by a fire chief or fire prevention 375
officer and, IN CONSULTATION WITH A police chief, pursuant to 377
that section.
(E) No licensed exhibitor of fireworks shall acquire 379
fireworks for use at a fireworks exhibition other than in 380
accordance with sections 3743.54 and 3743.55 of the Revised Code. 381
(F) No licensed exhibitor of fireworks or other person 383
associated with the conduct of a fireworks exhibition shall have 384
possession or control of, or be under the influence of, any 387
intoxicating liquor, beer, or controlled substance while on the 388
premises on which the exhibition is being conducted.
(G) No licensed exhibitor of fireworks shall permit an 390
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employee to assist the licensed exhibitor in conducting fireworks 391
exhibitions unless the employee is registered with the fire 392
marshal under section 3743.56 of the Revised Code. 393
(H)(1) AS USED IN THIS DIVISION: 395
(a) "ACCIDENT" MEANS ANY ACTION OR OMISSION THAT OCCURS AT 397
A FIREWORKS EXHIBITION, THAT RESULTS IN INJURY OR DEATH, OR A 399
SUBSTANTIAL RISK OF INJURY OR DEATH, TO ANY PERSON, AND THAT 400
INVOLVES EITHER OF THE FOLLOWING:
(i) THE HANDLING OR OTHER USE OF FIREWORKS OR ASSOCIATED 402
EQUIPMENT OR OTHER MATERIALS; 403
(ii) THE FAILURE OF ANY PERSON TO COMPLY WITH ANY 405
APPLICABLE REQUIREMENT IMPOSED BY THIS CHAPTER OR ANY APPLICABLE 406
RULE ADOPTED UNDER THIS CHAPTER. 407
(b) "DISCHARGE SITE" MEANS THE AREA IMMEDIATELY 409
SURROUNDING THE MORTARS USED TO FIRE AERIAL SHELLS. 410
(c) "ACCIDENT SITE" MEANS A DISCHARGE SITE OR OTHER 412
LOCATION AT A FIREWORKS EXHIBITION WHERE AN ACCIDENT OCCURS, AN 413
INJURY OR DEATH ASSOCIATED WITH AN ACCIDENT OCCURS, OR EVIDENCE 414
OF AN ACCIDENT OR AN INJURY OR DEATH ASSOCIATED WITH AN ACCIDENT 415
IS FOUND.
(2) NO PERSON SHALL KNOWINGLY, OR KNOWINGLY PERMIT ANOTHER 417
PERSON TO, DISMANTLE, REPOSITION, OR OTHERWISE DISTURB ANY 419
EQUIPMENT, FIREWORKS, OR OTHER MATERIALS WITHIN AN ACCIDENT SITE
OF A FIREWORKS EXHIBITION, OR ANY EVIDENCE RELATED TO AN 420
ACCIDENT, AT ANY TIME AFTER THAT PERSON HAS REASON TO BELIEVE AN 422
ACCIDENT HAS OCCURRED BEFORE THE APPROPRIATE LAW ENFORCEMENT 424
AUTHORITIES PERMIT THE DISMANTLING, REPOSITIONING, OR OTHER
DISTURBANCE OF THE MATERIALS WITHIN THE ACCIDENT SITE OR OF ANY 425
EVIDENCE RELATED TO THE ACCIDENT. 426
(3) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER 428
DIVISION (H) OF THIS SECTION THAT, IN ORDER TO SECURE AN ACCIDENT 429
SITE OF A FIREWORKS EXHIBITION OR ANY EVIDENCE RELATED TO AN 430
ACCIDENT, THE PERSON DISMANTLED, REPOSITIONED, OR OTHERWISE 431
DISTURBED MATERIALS WITHIN THE ACCIDENT SITE, OR EVIDENCE RELATED 432
11
TO THE ACCIDENT, WHICH, AT THE TIME OF THE DISMANTLING, 434
REPOSITIONING, OR OTHER DISTURBANCE, STILL PRESENTED A DANGER OF 435
CAUSING AN EXPLOSION, FIRE, OR SIMILAR THREAT OF ADDITIONAL
INJURY OR DEATH TO MEMBERS OF THE PUBLIC. 436
(I) NO FIRE CHIEF OR FIRE PREVENTION OFFICER, IN 438
CONSULTATION WITH A POLICE CHIEF, SHALL FAIL TO CONDUCT AN 440
INSPECTION, COMPLETE THE REQUISITE CHECKLIST WHILE CONDUCTING THE 441
INSPECTION, OR PROVIDE A COPY OF THE COMPLETED CHECKLIST TO THE 442
FIRE MARSHAL IN ACCORDANCE WITH DIVISION (F) OF SECTION 3743.53 443
OF THE REVISED CODE AND THE RULES ADOPTED BY THE FIRE MARSHAL 444
PURSUANT TO DIVISION (E)(1)(b) OF THAT SECTION. 445
Sec. 3743.99. (A) Whoever violates division (A) or (B) of 454
section 3743.60 OR DIVISION (H) OF SECTION 3743.64 of the Revised 455
Code is guilty of a felony of the third degree. 456
(B) Whoever violates division (C) or (D) of section 458
3743.60, division (A), (B), (C), or (D) of section 3743.61, or 459
division (A) or (B) of section 3743.64 of the Revised Code is 460
guilty of a felony of the fourth degree.
(C) Whoever violates division (E), (F), (G), (H), (I), or 462
(J) of section 3743.60, division (E), (F), (G), (H), (I), or (J) 463
of section 3743.61, section 3743.63, division (C), (D), (E), (F), 464
or (G), OR (I) of section 3743.64, division (A), (B), (C), (D), 466
or (F) of section 3743.65, or section 3743.66 of the Revised Code 468
is guilty of a misdemeanor of the first degree. If the offender 469
previously has been convicted of or pleaded guilty to a violation
of division (I) of section 3743.60 or 3743.61 of the Revised 470
Code, a violation of either of these divisions is a felony of the 471
fifth degree.
(D) WHOEVER VIOLATES DIVISION (C) OF SECTION 3743.64 OF 473
THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 475
IN ADDITION TO ANY OTHER PENALTIES THAT MAY BE IMPOSED ON A 476
LICENSED EXHIBITOR OF FIREWORKS UNDER THIS DIVISION AND UNLESS 477
THE THIRD SENTENCE OF THIS DIVISION APPLIES, THE PERSON'S LICENSE 478
AS AN EXHIBITOR OF FIREWORKS OR AS AN ASSISTANT EXHIBITOR OF
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FIREWORKS SHALL BE SUSPENDED FOR A PERIOD OF FIVE YEARS. IF THE 480
VIOLATION OF DIVISION (C) OF SECTION 3743.64 OF THE REVISED CODE 481
RESULTS IN A SERIOUS ACCIDENT, AS DEFINED IN DIVISION (H) OF THAT 483
SECTION, THE PERSON'S LICENSE AS AN EXHIBITOR OF FIREWORKS OR AS 484
AN ASSISTANT EXHIBITOR OF FIREWORKS SHALL BE REVOKED, AND THAT 485
PERSON SHALL NOT AGAIN BE ELIGIBLE TO BE LICENSED AS AN EXHIBITOR 486
OF FIREWORKS OR AS AN ASSISTANT EXHIBITOR OF FIREWORKS IN THIS 487
STATE.
(E) Whoever violates division (G) of section 3743.65 of 490
the Revised Code is guilty of a felony of the fifth degree.
Section 2. That existing sections 3743.53, 3743.54, 492
3743.64, and 3743.99 of the Revised Code are hereby repealed. 493