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
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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
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(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
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(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
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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
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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
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(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
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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
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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
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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
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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
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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