As Passed by the Senate                       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           

       SENATORS SCHAFRATH-SPADA-WATTS-GARDNER-LATELL-DRAKE         13           


_________________________________________________________________   15           

                          A   B I L L                                           

             To amend sections 3743.53, 3743.54, 3743.64, and      17           

                3743.99 of the Revised Code to require the         18           

                suspension or revocation of the fireworks                       

                exhibitor license of a person who is convicted of  19           

                violating fireworks exhibition safety standards,   20           

                to require a fire chief or fire prevention         21           

                officer, in consultation with a police chief, to                

                complete a detailed checklist while inspecting     23           

                the premises before a fireworks exhibition takes   24           

                place to ensure compliance with all applicable     25           

                statutory and rule requirements, to require the                 

                State Fire Marshal to adopt uniform standards for  26           

                the stability of fireworks exhibition fireworks    27           

                storage racks, and to generally prohibit                        

                dismantling, repositioning, or otherwise           28           

                disturbing an accident site of a fireworks         29           

                exhibition.                                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        31           

      Section 1.  That sections 3743.53, 3743.54, 3743.64, and     33           

3743.99 of the Revised Code be amended to read as follows:         34           

      Sec. 3743.53.  (A)  The fire marshal shall adopt rules in    44           

                                                          2      


                                                                 
accordance with Chapter 119. of the Revised Code that establish    45           

qualifications that all applicants for licensure as an exhibitor   46           

of fireworks shall satisfy.  These rules shall be designed to      47           

provide a reasonable degree of assurance that individuals          48           

conducting public fireworks exhibitions in this state are          49           

proficient in handling and discharging fireworks, are capable of   50           

handling the responsibilities associated with exhibitions as       51           

prescribed by rule of the fire marshal pursuant to division        52           

DIVISIONS (B) AND (E) of this section or as prescribed by          54           

sections 3743.50 to 3743.55 of the Revised Code, and will conduct  55           

fireworks exhibitions in a manner that emphasizes the safety and   56           

security of the public.  The rules shall be consistent with        57           

sections 3743.50 to 3743.55 of the Revised Code and may include,   58           

in addition to other requirements prescribed by the fire marshal,  59           

a requirement that the applicant for licensure successfully        60           

complete a written examination or otherwise successfully           61           

demonstrate its proficiency in the handling and discharging of     62           

fireworks in a safe manner and its ability to handle the           63           

responsibilities associated with exhibitions.                      64           

      (B)  The fire marshal shall adopt rules in accordance with   67           

Chapter 119. of the Revised Code that govern the nature and        68           

conduct of public fireworks exhibitions by licensed exhibitors of  69           

fireworks.  These rules shall be designed to promote the safety    70           

and security of persons viewing a fireworks exhibition, to         71           

promote the safety of persons who, although not viewing an         72           

exhibition, could be affected by fireworks used at it, and to      73           

promote the safety and security of exhibitors and their            74           

assistants.                                                                     

      The rules shall be consistent with sections 3743.50 to       76           

3743.55 of the Revised Code,; EXCEPT AS OTHERWISE PROVIDED IN      77           

THIS SECTION, SHALL be substantially equivalent to the most        79           

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

recent national fire protection association standards,; and SHALL  81           

apply to, but not be limited to, the following subject matters:    82           

                                                          3      


                                                                 
      (1)  The construction of shells used in a fireworks          84           

exhibition;                                                        85           

      (2)  The EXCEPT AS THE STORAGE OF FIREWORKS IS ADDRESSED BY  87           

THE RULES ADOPTED UNDER DIVISION (E) OF THIS SECTION, THE storage  88           

and supervision of fireworks pending their use in, and during the  90           

course of, a fireworks exhibition, and inspections by exhibitors   91           

of fireworks to be used in an exhibition prior to their use.       92           

These rules shall regulate, among other relevant matters, the      93           

storage of fireworks in manners that will effectively eliminate    94           

or reduce the likelihood of the fireworks becoming wet or being    95           

exposed to flame, and appropriate distances between storage sites  96           

and the sites at which fireworks will be discharged.               97           

      (3)  The installation and nature of mortars used in a        99           

fireworks exhibition, and inspections by exhibitors of mortars     100          

prior to their use;                                                101          

      (4)  Minimum distances between storage sites, discharge      103          

sites, spectator viewing sites, parking areas, and potential       104          

landing areas of fireworks, and minimum distances between          105          

discharge sites, potential landing areas, and residential or       106          

other types of buildings or structures;                            107          

      (5)  The nature of discharge sites and potential landing     109          

sites;                                                             110          

      (6)  Fire protection, the use and location of monitors for   112          

crowd control, the use of fences and rope barriers for crowd       113          

control, illumination, smoking and the use of open flame, and      114          

posting of warning signs concerning smoking or the use of open     115          

flame in connection with fireworks exhibitions.  These rules may   116          

provide some authority to local officials in determining adequate  117          

fire protection, and numbers and locations of monitors.            118          

      (7)  Procedures to be followed in the discharging of         120          

fireworks;                                                         121          

      (8)  Weather and crowd-related conditions under which        123          

fireworks may and may not be discharged, including circumstances   124          

under which exhibitions should be postponed;                       125          

                                                          4      


                                                                 
      (9)  Inspections of premises following a fireworks           127          

exhibition for purposes of locating and disposing of defective or  128          

unexploded fireworks.  Inspections shall be required immediately   129          

following an exhibition, and, if an exhibition is conducted at     130          

night, also at sunrise the following morning.                      131          

      (C)  All mortars used in a fireworks exhibition that are     133          

greater than or equal to eight inches in diameter shall be         134          

equipped with electronic ignition equipment in accordance with     135          

chapter 1123 of the most recent edition of the national fire       137          

protection association standards.                                               

      (D)  Only persons who are employees of licensed exhibitors   139          

of fireworks and who are registered with the fire marshal under    140          

section 3743.56 of the Revised Code shall be permitted within the  142          

discharge perimeter of an exhibition.                                           

      (E)(1)  THE FIRE MARSHAL SHALL ADOPT RULES IN ACCORDANCE     144          

WITH CHAPTER 119. OF THE REVISED CODE AND CONSISTENT WITH          146          

DIVISION (E)(3) OF THIS SECTION THAT ESTABLISH BOTH OF THE         147          

FOLLOWING:                                                                      

      (a)  UNIFORM STANDARDS FOR THE STABILITY OF FIREWORKS        149          

STORAGE RACKS USED AT A FIREWORKS EXHIBITION;                      151          

      (b)  A DETAILED CHECKLIST THAT A FIRE CHIEF OR FIRE          153          

PREVENTION OFFICER, IN CONSULTATION WITH A POLICE CHIEF, SHALL     155          

COMPLETE, WHILE CONDUCTING THE INSPECTION REQUIRED UNDER DIVISION  157          

(C) OF SECTION 3743.54 OF THE REVISED CODE AT THE PREMISES AT      158          

WHICH A FIREWORKS EXHIBITION WILL TAKE PLACE, TO ENSURE THAT THE   159          

EXHIBITION WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THIS    160          

CHAPTER, AND ALL APPLICABLE RULES ADOPTED UNDER THIS CHAPTER,      161          

THAT REGULATE THE CONDUCT OF A FIREWORKS EXHIBITION.               162          

      (2)  EACH LICENSED EXHIBITOR OF FIREWORKS SHALL COMPLY WITH  164          

THE RULES THAT THE FIRE MARSHAL ADOPTS UNDER DIVISION (E)(1)(a)    165          

OF THIS SECTION.                                                   166          

      (3)  PRIOR TO THE FIRE MARSHAL'S ADOPTION OF THE RULES       168          

REFERRED TO IN DIVISIONS (E)(1)(a) AND (b) OF THIS SECTION, THE    171          

DIRECTOR OF COMMERCE SHALL APPOINT A COMMITTEE CONSISTING OF THE   172          

                                                          5      


                                                                 
FIRE MARSHAL, THREE REPRESENTATIVES OF THE FIREWORKS INDUSTRY,     173          

AND THREE REPRESENTATIVES OF THE FIRE SERVICE INDUSTRY TO ASSIST   174          

THE FIRE MARSHAL IN ADOPTING THOSE RULES.  THE FIRE MARSHAL SHALL  175          

ADOPT INITIAL RULES UNDER THOSE DIVISIONS BY NOT LATER THAN MAY    176          

1, 2001.                                                                        

      (F)  A FIRE CHIEF OR FIRE PREVENTION OFFICER, IN             178          

CONSULTATION WITH A POLICE CHIEF, SHALL CONDUCT THE INSPECTION     180          

REFERRED TO IN DIVISION (E)(1)(b) OF THIS SECTION, COMPLETE THE    182          

CHECKLIST REFERRED TO IN DIVISION (E)(1)(b) OF THIS SECTION WHILE  183          

CONDUCTING THE INSPECTION, AND PROVIDE A COPY OF THE COMPLETED     184          

CHECKLIST TO THE FIRE MARSHAL.                                     185          

      Sec. 3743.54.  (A)  A licensed exhibitor of fireworks may    194          

acquire fireworks for use at a public fireworks exhibition only    195          

from a licensed manufacturer of fireworks or licensed wholesaler   196          

of fireworks, and only in accordance with the procedures           197          

specified in this section and section 3743.55 of the Revised       198          

Code.  A licensed exhibitor shall not acquire, for any purpose,    199          

1.4G fireworks as designated by the fire marshal in rules adopted  202          

pursuant to division (A) of section 3743.05 of the Revised Code.   203          

      (B)(1)  A licensed exhibitor of fireworks who wishes to      205          

conduct a public fireworks exhibition shall apply for approval to  206          

conduct the exhibition to whichever of the following persons is    207          

appropriate under the circumstances:                               208          

      (a)  Unless division (B)(1)(c) or (d) of this section        210          

applies, if the exhibition will take place in a municipal          211          

corporation, the approval shall be obtained from the fire chief    212          

and the police chief of the particular municipal corporation;.     213          

      (b)  Unless division (B)(1)(c) or (d) of this section        215          

applies, if the exhibition will take place in an unincorporated    216          

area, the approval shall be obtained from the fire chief of the    217          

particular township or township fire district and the police       218          

chief of the particular township or township police district;.     219          

      (c)  If fire protection services for the premises on which   221          

the exhibition will take place are provided in accordance with a   222          

                                                          6      


                                                                 
contract between political subdivisions, the approval shall be     223          

obtained from the fire chief of the political subdivision          224          

providing the fire protection services and the police chief of     225          

the political subdivision in which the premises on which the       226          

exhibition will take place are located.  If police services for    227          

the premises on which the exhibition will take place are provided  228          

in accordance with a contract between political subdivisions, the  229          

approval shall be obtained from the police chief of the political  230          

subdivision providing the police services and the fire chief of    231          

the political subdivision in which the premises on which the       232          

exhibition will take place are located.  If both fire and police   233          

protection services for the premises on which the exhibition will  234          

take place are provided in accordance with a contract between      235          

political subdivisions, the approval shall be obtained from the    236          

fire chief and police chief of the political subdivisions          237          

providing the police and fire protection services;.                238          

      (d)  If there is no municipal corporation, township, or      240          

township fire district fire department, no municipal corporation,  241          

township, or township police district police department, and no    242          

contract for police or fire protection services between political  243          

subdivisions covering the premises on which the exhibition will    244          

take place, the approval shall be obtained from the fire           245          

prevention officer and law enforcement officer having              246          

jurisdiction over the premises.                                    247          

      (2)  The approval required by division (B)(1) of this        249          

section shall be evidenced by the fire chief or fire prevention    250          

officer and the police chief signing a permit for the exhibition.  251          

The fire marshal shall prescribe the form of exhibition permits    252          

and distribute copies of the form to fire chiefs, fire prevention  253          

officers, and police chiefs in this state.  Any exhibitor of       254          

fireworks who wishes to conduct a public fireworks exhibition may  255          

obtain a copy of the form from the fire marshal or, if it is       256          

available, from a fire chief, fire prevention officer, or police   257          

chief.                                                             258          

                                                          7      


                                                                 
      (C)  Before signing a permit IS SIGNED and issuing it        260          

ISSUED to a licensed exhibitor of fireworks, a THE fire chief or   262          

fire prevention officer and, IN CONSULTATION WITH the police       264          

chief, shall inspect the premises on which the exhibition will     266          

take place and shall determine that, in fact, the applicant for    267          

the permit is a licensed exhibitor of fireworks.  Each applicant   268          

shall show the applicant's license as an exhibitor of fireworks    270          

to the fire chief or fire prevention officer and the police        271          

chief.                                                                          

      The fire chief or fire prevention officer and the police     273          

chief shall give approval to conduct a public fireworks            274          

exhibition only if satisfied, based on the inspection, that the    276          

premises on which the exhibition will be conducted allow the                    

exhibitor to comply with the rules adopted by the fire marshal     277          

pursuant to division DIVISIONS (B) AND (E) of section 3743.53 of   279          

the Revised Code and that the applicant is, in fact, a licensed    280          

exhibitor of fireworks.  The fire chief or fire prevention         281          

officer and, IN CONSULTATION WITH the police chief, may inspect    283          

the premises immediately prior to the exhibition to determine if   284          

the exhibitor has complied with the rules, and may revoke a        285          

permit for noncompliance with the rules.                                        

      (D)  If the legislative authorities of their political       287          

subdivisions have prescribed a fee for the issuance of a permit    288          

for a public fireworks exhibition, fire chiefs or fire prevention  289          

officers and police chiefs shall not issue a permit until the      290          

exhibitor pays the requisite fee.                                  291          

      Each exhibitor shall provide an indemnity bond in the        293          

amount of at least one million dollars, with surety satisfactory   295          

to the fire chief or fire prevention officer and the police        296          

chief, conditioned for the payment of all final judgments that     297          

may be rendered against the exhibitor on account of injury,                     

death, or loss to persons or property emanating from the           298          

fireworks exhibition, or proof of insurance coverage of at least   299          

one million dollars for liability arising from injury, death, or   301          

                                                          8      


                                                                 
loss to persons or property emanating from the fireworks           302          

exhibition.  The legislative authority of a political subdivision  303          

in which a public fireworks exhibition will take place may         304          

require the exhibitor to provide an indemnity bond or proof of     305          

insurance coverage in amounts greater than those required by this  306          

division.  Fire chiefs or fire prevention officers and police      307          

chiefs shall not issue a permit until the exhibitor provides the   308          

bond or proof of the insurance coverage required by this division  309          

or by the political subdivision in which the fireworks exhibition  310          

will take place.                                                                

      (E)(1)  Each permit for a fireworks exhibition issued by a   312          

fire chief or fire prevention officer and the police chief shall   313          

contain a distinct number, designate the municipal corporation,    315          

township, or township fire or police district of the fire chief    317          

or fire prevention officer and the police chief, and identify the  318          

certified fire safety inspector, fire chief, or fire prevention    319          

officer who will be present before, during, and after the          320          

exhibition, where appropriate.  A copy of each permit issued                    

shall be forwarded by the fire chief or fire prevention officer    321          

and the police chief issuing it to the fire marshal, who shall     323          

keep a record of the permits received.  A permit is not            324          

transferable or assignable.                                        325          

      (2)  Each fire chief, fire prevention officer, and police    327          

chief shall keep a record of issued permits for fireworks          328          

exhibitions.  In this list, the fire chief, fire prevention        329          

officer, or police chief shall list the name of the exhibitor,     330          

the exhibitor's license number, the premises on which the          331          

exhibition will be conducted, the date and time of the             333          

exhibition, and the number and political subdivision designation   334          

of the permit issued to the exhibitor for the exhibition.          335          

      (F)  The governing authority having jurisdiction in the      337          

location where an exhibition is to take place shall require that   338          

a certified fire safety inspector, fire chief, or fire prevention  339          

officer be present before, during, and after the exhibition, and   340          

                                                          9      


                                                                 
shall require the certified fire safety inspector, fire chief, or  341          

fire prevention officer to inspect the premises where the          342          

exhibition is to take place and determine whether the exhibition                

is in compliance with this chapter.                                343          

      Sec. 3743.64.  (A)  No person shall conduct a fireworks      352          

exhibition in this state or act as an exhibitor of fireworks in    353          

this state unless the person is a licensed exhibitor of            354          

fireworks.                                                         355          

      (B)  No person shall conduct a fireworks exhibition in this  357          

state or act as an exhibitor of fireworks in this state after the  359          

person's license as an exhibitor of fireworks has expired, been    360          

denied renewal, or been revoked, unless a new license has been     362          

obtained.                                                                       

      (C)  No licensed exhibitor of fireworks shall fail to        364          

comply with THE APPLICABLE REQUIREMENTS OF the rules adopted by    365          

the fire marshal pursuant to division DIVISIONS (B) AND (E) of     367          

section 3743.53 of the Revised Code or to comply with divisions    369          

(C) and (D) of that section.                                                    

      (D)  No licensed exhibitor of fireworks shall conduct a      371          

fireworks exhibition unless a permit has been secured for the      372          

exhibition pursuant to section 3743.54 of the Revised Code or if   373          

a permit so secured is revoked by a fire chief or fire prevention  374          

officer and, IN CONSULTATION WITH A police chief, pursuant to      376          

that section.                                                                   

      (E)  No licensed exhibitor of fireworks shall acquire        378          

fireworks for use at a fireworks exhibition other than in          379          

accordance with sections 3743.54 and 3743.55 of the Revised Code.  380          

      (F)  No licensed exhibitor of fireworks or other person      382          

associated with the conduct of a fireworks exhibition shall have   383          

possession or control of, or be under the influence of, any        386          

intoxicating liquor, beer, or controlled substance while on the    387          

premises on which the exhibition is being conducted.                            

      (G)  No licensed exhibitor of fireworks shall permit an      389          

employee to assist the licensed exhibitor in conducting fireworks  390          

                                                          10     


                                                                 
exhibitions unless the employee is registered with the fire        391          

marshal under section 3743.56 of the Revised Code.                 392          

      (H)(1)  AS USED IN THIS DIVISION:                            394          

      (a)  "ACCIDENT" MEANS ANY ACTION OR OMISSION THAT OCCURS AT  396          

A FIREWORKS EXHIBITION, THAT RESULTS IN INJURY OR DEATH, OR A      398          

SUBSTANTIAL RISK OF INJURY OR DEATH, TO ANY PERSON, AND THAT       399          

INVOLVES EITHER OF THE FOLLOWING:                                               

      (i)  THE HANDLING OR OTHER USE OF FIREWORKS OR ASSOCIATED    401          

EQUIPMENT OR OTHER MATERIALS;                                      402          

      (ii)  THE FAILURE OF ANY PERSON TO COMPLY WITH ANY           404          

APPLICABLE REQUIREMENT IMPOSED BY THIS CHAPTER OR ANY APPLICABLE   405          

RULE ADOPTED UNDER THIS CHAPTER.                                   406          

      (b)  "DISCHARGE SITE" MEANS THE AREA IMMEDIATELY             408          

SURROUNDING THE MORTARS USED TO FIRE AERIAL SHELLS.                409          

      (c)  "ACCIDENT SITE" MEANS A DISCHARGE SITE OR OTHER         411          

LOCATION AT A FIREWORKS EXHIBITION WHERE AN ACCIDENT OCCURS, AN    412          

INJURY OR DEATH ASSOCIATED WITH AN ACCIDENT OCCURS, OR EVIDENCE    413          

OF AN ACCIDENT OR AN INJURY OR DEATH ASSOCIATED WITH AN ACCIDENT   414          

IS FOUND.                                                                       

      (2)  NO PERSON SHALL KNOWINGLY, OR KNOWINGLY PERMIT ANOTHER  416          

PERSON TO, DISMANTLE, REPOSITION, OR OTHERWISE DISTURB ANY         418          

EQUIPMENT, FIREWORKS, OR OTHER MATERIALS WITHIN AN ACCIDENT SITE                

OF A FIREWORKS EXHIBITION, OR ANY EVIDENCE RELATED TO AN           419          

ACCIDENT, AT ANY TIME AFTER THAT PERSON HAS REASON TO BELIEVE AN   421          

ACCIDENT HAS OCCURRED BEFORE THE APPROPRIATE LAW ENFORCEMENT       423          

AUTHORITIES PERMIT THE DISMANTLING, REPOSITIONING, OR OTHER                     

DISTURBANCE OF THE MATERIALS WITHIN THE ACCIDENT SITE OR OF ANY    424          

EVIDENCE RELATED TO THE ACCIDENT.                                  425          

      (3)  IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER          427          

DIVISION (H) OF THIS SECTION THAT, IN ORDER TO SECURE AN ACCIDENT  428          

SITE OF A FIREWORKS EXHIBITION OR ANY EVIDENCE RELATED TO AN       429          

ACCIDENT, THE PERSON DISMANTLED, REPOSITIONED, OR OTHERWISE        430          

DISTURBED MATERIALS WITHIN THE ACCIDENT SITE, OR EVIDENCE RELATED  431          

TO THE ACCIDENT, WHICH, AT THE TIME OF THE DISMANTLING,            433          

                                                          11     


                                                                 
REPOSITIONING, OR OTHER DISTURBANCE, STILL PRESENTED A DANGER OF   434          

CAUSING AN EXPLOSION, FIRE, OR SIMILAR THREAT OF ADDITIONAL                     

INJURY OR DEATH TO MEMBERS OF THE PUBLIC.                          435          

      (I)  NO FIRE CHIEF OR FIRE PREVENTION OFFICER, IN            437          

CONSULTATION WITH A POLICE CHIEF, SHALL FAIL TO CONDUCT AN         439          

INSPECTION, COMPLETE THE REQUISITE CHECKLIST WHILE CONDUCTING THE  440          

INSPECTION, OR PROVIDE A COPY OF THE COMPLETED CHECKLIST TO THE    441          

FIRE MARSHAL IN ACCORDANCE WITH DIVISION (F) OF SECTION 3743.53    442          

OF THE REVISED CODE AND THE RULES ADOPTED BY THE FIRE MARSHAL      443          

PURSUANT TO DIVISION (E)(1)(b) OF THAT SECTION.                    444          

      Sec. 3743.99.  (A)  Whoever violates division (A) or (B) of  453          

section 3743.60 OR DIVISION (H) OF SECTION 3743.64 of the Revised  454          

Code is guilty of a felony of the third degree.                    455          

      (B)  Whoever violates division (C) or (D) of section         457          

3743.60, division (A), (B), (C), or (D) of section 3743.61, or     458          

division (A) or (B) of section 3743.64 of the Revised Code is      459          

guilty of a felony of the fourth degree.                                        

      (C)  Whoever violates division (E), (F), (G), (H), (I), or   461          

(J) of section 3743.60, division (E), (F), (G), (H), (I), or (J)   462          

of section 3743.61, section 3743.63, division (C), (D), (E), (F),  463          

or (G), OR (I) of section 3743.64, division (A), (B), (C), (D),    465          

or (F) of section 3743.65, or section 3743.66 of the Revised Code  467          

is guilty of a misdemeanor of the first degree.  If the offender   468          

previously has been convicted of or pleaded guilty to a violation               

of division (I) of section 3743.60 or 3743.61 of the Revised       469          

Code, a violation of either of these divisions is a felony of the  470          

fifth degree.                                                                   

      (D)  WHOEVER VIOLATES DIVISION (C) OF SECTION 3743.64 OF     472          

THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.   474          

IN ADDITION TO ANY OTHER PENALTIES THAT MAY BE IMPOSED ON A        475          

LICENSED EXHIBITOR OF FIREWORKS UNDER THIS DIVISION AND UNLESS     476          

THE THIRD SENTENCE OF THIS DIVISION APPLIES, THE PERSON'S LICENSE  477          

AS AN EXHIBITOR OF FIREWORKS OR AS AN ASSISTANT EXHIBITOR OF                    

FIREWORKS SHALL BE SUSPENDED FOR A PERIOD OF FIVE YEARS.  IF THE   479          

                                                          12     


                                                                 
VIOLATION OF DIVISION (C) OF SECTION 3743.64 OF THE REVISED CODE   480          

RESULTS IN A SERIOUS ACCIDENT, AS DEFINED IN DIVISION (H) OF THAT  482          

SECTION, THE PERSON'S LICENSE AS AN EXHIBITOR OF FIREWORKS OR AS   483          

AN ASSISTANT EXHIBITOR OF FIREWORKS SHALL BE REVOKED, AND THAT     484          

PERSON SHALL NOT AGAIN BE ELIGIBLE TO BE LICENSED AS AN EXHIBITOR  485          

OF FIREWORKS OR AS AN ASSISTANT EXHIBITOR OF FIREWORKS IN THIS     486          

STATE.                                                                          

      (E)  Whoever violates division (G) of section 3743.65 of     489          

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

      Section 2.  That existing sections 3743.53, 3743.54,         491          

3743.64, and 3743.99 of the Revised Code are hereby repealed.      492