REPRESENTATIVES Flowers, DeWine, Ford, Damschroder, Goodman, Fessler, Schaffer, Schmidt, Carey, Seitz, Raga, Coates, Widowfield, Wolpert, Clancy, Carmichael, Trakas, Patton, Oakar, Latell, Peterson, Buehrer, Young, Core, Reinhard, Grendell, Cates, Salerno, Hughes, Reidelbach, Allen, Otterman, Collier, Niehaus, Barnes, DePiero, Redfern, Cirelli, Carano, Rhine

To amend sections 3743.01, 3743.02, 3743.03, 3743.04,

1

3743.05, 3743.06, 3743.07, 3743.08, 3743.15,

2

3743.16, 3743.17, 3743.18, 3743.19, 3743.20,

3

3743.21, 3743.40, 3743.44, 3743.45, 3743.50,

4

3743.51, 3743.52, 3743.53, 3743.54, 3743.58,

5

3743.59, 3743.60, 3743.61, 3743.64, 3743.65,

6

3743.66, 3743.68, 3743.80, and 3743.99 and to

7

enact sections 3743.25, 3743.56, and 3743.70 of

8

the Revised Code to reenact the amendments and the

9

enactments made to the Fireworks Law by Am. Sub.

10

H.B. 215 of the 122nd General Assembly to protect

11

the sections against a challenge that their

12

amendment or enactment violated the one-subject

13

rule; to further amend sections 3743.01, 3743.50,

14

3743.52, 3743.53, 3743.54, 3743.64, and 3743.99,

15

to amend sections 3743.56 and 3743.57, and to

16

enact sections 3743.541 and 3743.75 of the Revised

17

Code, and to repeal Section 165 of Am. Sub. H.B.

18

215 of the 122nd General Assembly, as amended by

19

Sub. H.B. 204 of the 123rd General Assembly, to

20

make other changes in the Fireworks Law pertaining

21

to fireworks incidents and their investigation, to

22

the fees charged for fireworks exhibitor licenses,

23

to the authority of fireworks exhibitor assistants

24

to work for any fireworks exhibitor, to the

25

maximum balance allowed in the Fire Marshal's

26

Training and Education Fund, and to the extension

27

until December 15, 2005, of the general moratorium

28

on the issuance of new licenses to manufacturers

29

and wholesalers of fireworks and on approvals of

30

the transfer of their licenses to other locations;

31

and to declare an emergency.

32

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

Section 1. That sections 3743.01, 3743.02, 3743.03, 3743.04,	33
3743.05, 3743.06, 3743.07, 3743.08, 3743.15, 3743.16, 3743.17,	34
3743.18, 3743.19, 3743.20, 3743.21, 3743.40, 3743.44, 3743.45,	35
3743.50, 3743.51, 3743.52, 3743.53, 3743.54, 3743.58, 3743.59,	36
3743.60, 3743.61, 3743.64, 3743.65, 3743.66, 3743.68, 3743.80, and	37
3743.99 be amended and sections 3743.25, 3743.56, and 3743.70 of	38
the Revised Code be enacted to read as follows:	39

Sec. 3743.01.  As used in this chapter:

40

(A) "Beer" and "intoxicating liquor" have the same meanings	41
as in section 4301.01 of the Revised Code.	42

(B) "Booby trap" means a small tube that has a string	43
protruding from both ends, that has a friction-sensitive	44
composition, and that is ignited by pulling the ends of the	45
string.	46

(C) "Cigarette load" means a small wooden peg that is coated	47
with a small quantity of explosive composition and that is ignited	48
in a cigarette.	49

(D) "Class C fireworks" means fireworks classified as Class C	50
fireworks by the fire marshal in rules adopted pursuant to	51
division (A) of section 3743.05 of the Revised Code (1) "1.3G	52
fireworks" means display fireworks consistent with regulations of	53
the United States department of transportation as expressed using	54
the designation "division 1.3" in Title 49, Code of Federal	55
Regulations.	56

(2) "1.4G fireworks" means consumer fireworks consistent	57
with regulations of the United States department of transportation	58
as expressed using the designation "division 1.4" in Title 49,	59
Code of Federal Regulations.	60

(E) "Controlled substance" has the same meaning as in	61
section 3719.01 of the Revised Code.	62

(F) "Fireworks" means any composition or device prepared for	63
the purpose of producing a visible or an audible effect by	64
combustion, deflagration, or detonation, except ordinary matches	65
and except as provided in section 3743.80 of the Revised Code.	66

(G) "Fireworks plant" means all buildings and other	67
structures in which the manufacturing of fireworks, or the storage	68
or sale of manufactured fireworks by a manufacturer, takes place.	69

(H) "Highway" means any public street, road, alley, way,	70
lane, or other public thoroughfare.	71

(I) "Licensed exhibitor of fireworks" or "licensed	72
exhibitor" means a person licensed pursuant to sections 3743.50 to	73
3743.55 of the Revised Code.	74

(J) "Licensed manufacturer of fireworks" or "licensed	75
manufacturer" means a person licensed pursuant to sections 3743.02	76
to 3743.08 of the Revised Code.	77

(K) "Licensed wholesaler of fireworks" or "licensed	78
wholesaler" means a person licensed pursuant to sections 3743.15	79
to 3743.21 of the Revised Code.	80

(L) "List of licensed exhibitors" means the list required by	81
division (C) of section 3743.51 of the Revised Code.	82

(M) "List of licensed manufacturers" means the list required	83
by division (C) of section 3743.03 of the Revised Code.	84

(N) "List of licensed wholesalers" means the list required	85
by division (C) of section 3743.16 of the Revised Code.	86

(O) "Manufacturing of fireworks" means the making of	87
fireworks from raw materials, none of which in and of themselves	88
constitute a fireworks, or the processing of fireworks.	89

(P) "Navigable waters" means any body of water susceptible	90
of being used in its ordinary condition as a highway of commerce	91
over which trade and travel is or may be conducted in the	92
customary modes, but does not include a body of water that is not	93
capable of navigation by barges, tugboats, and other large	94
vessels.	95

(Q) "Novelties and trick noisemakers" include the following	96
items:	97

(1) Devices that produce a small report intended to surprise	98
the user, including, but not limited to, booby traps, cigarette	99
loads, party poppers, and snappers;	100

(2) Snakes or glow worms;

101

(3) Smoke devices;

102

(4) Trick matches.

103

(R) "Party popper" means a small plastic or paper item that	104
contains not more than sixteen milligrams of friction-sensitive	105
explosive composition, that is ignited by pulling a string	106
protruding from the item, and from which paper streamers are	107
expelled when the item is ignited.	108

(S) "Processing of fireworks" means the making of fireworks	109
from materials all or part of which in and of themselves	110
constitute a fireworks, but does not include the mere packaging or	111
repackaging of fireworks.	112

(T) "Railroad" means any railway or railroad that carries	113
freight or passengers for hire, but does not include auxiliary	114
tracks, spurs, and sidings installed and primarily used in serving	115
a mine, quarry, or plant.	116

(U) "Retail sale" or "sell at retail" means a sale of	117
fireworks to a purchaser who intends to use the fireworks, and not	118
resell them.	119

(V) "Smoke device" means a tube or sphere that contains	120
pyrotechnic composition that, upon ignition, produces white or	121
colored smoke as the primary effect.	122

(W) "Snake or glow worm" means a device that consists of a	123
pressed pellet of pyrotechnic composition that produces a large,	124
snake-like ash upon burning, which ash expands in length as the	125
pellet burns.	126

(X) "Snapper" means a small, paper-wrapped item that	127
contains a minute quantity of explosive composition coated on	128
small bits of sand, and that, when dropped, implodes.	129

(Y) "Trick match" means a kitchen or book match that is	130
coated with a small quantity of explosive composition and that,	131
upon ignition, produces a small report or a shower of sparks.	132

(Z) "Wire sparkler" means a sparkler consisting of a wire or	133
stick coated with a nonexplosive pyrotechnic mixture that produces	134
a shower of sparks upon ignition and that contains no more than	135
one hundred grams of this mixture.	136

(AA) "Wholesale sale" or "sell at wholesale" means a sale of	137
fireworks to a purchaser who intends to resell the fireworks that	138
he purchases so purchased.	139

(BB) "Licensed premises" means the real estate upon which a	140
licensed manufacturer or wholesaler of fireworks conducts	141
business.	142

(CC) "Licensed building" means a building on the licensed	143
premises of a licensed manufacturer or wholesaler of fireworks	144
that is approved for occupancy by the building official having	145
jurisdiction.	146

Sec. 3743.02.  (A) Any person who wishes to manufacture	147
fireworks in this state shall submit to the fire marshal an	148
application for licensure as a manufacturer of fireworks before	149
the first day of December October of each year. The application	150
shall be submitted prior to the operation of a fireworks plant,	151
shall be on a form prescribed by the fire marshal, shall contain	152
all information required by this section or requested by the fire	153
marshal, and shall be accompanied by the license fee,	154
fingerprints, and bond, letter of credit, certificate of deposit,	155
or proof of insurance coverage described in division (B) of this	156
section.	157

The fire marshal shall prescribe a form for applications for	158
licensure as a manufacturer of fireworks and make a copy of the	159
form available, upon request, to persons who seek that licensure.	160

(B) An applicant for licensure as a manufacturer of	161
fireworks shall submit with the application both all of the	162
following:	163

(1) A license fee of one two thousand five seven hundred	164
fifty dollars, which the fire marshal shall use to pay for	165
fireworks safety education, training programs, and inspections;	166

(2) An indemnity bond, with surety satisfactory to the fire	167
marshal, or a letter of credit or certificate of deposit, in such	168
amounts as may be determined by the fire marshal not in excess of	169
fifty thousand dollars nor less than twenty thousand dollars,	170
conditioned for the payment of all final judgments that may be	171
rendered against the manufacturer on account of an explosion at	172
the fireworks plant, or proof of insurance coverage of at least	173
five hundred thousand dollars for liability arising from an	174
explosion at the fireworks plant Proof of comprehensive general	175
liability insurance coverage, specifically including fire and	176
smoke casualty on premises and products, in an amount not less	177
than one million dollars for each occurrence for bodily injury	178
liability and wrongful death liability at the fireworks plant. All	179
applicants shall submit evidence of comprehensive general	180
liability insurance coverage verified by the insurer and certified	181
as to its provision of the minimum coverage required under this	182
division.	183

(3) One complete set of the applicant's fingerprints and a	184
complete set of fingerprints of any individual holding, owning, or	185
controlling a five per cent or greater beneficial or equity	186
interest in the applicant for the license.	187

(C) A separate application for licensure as a manufacturer	188
of fireworks shall be submitted for each fireworks plant that a	189
person wishes to operate in this state.	190

(D) If an applicant intends to include the processing of	191
fireworks as any part of its proposed manufacturing of fireworks,	192
a statement indicating that intent shall be included in its	193
application for licensure.	194

Sec. 3743.03.  (A) If a person submits an application for	195
licensure as a manufacturer of fireworks, together with the	196
license fee, fingerprints, and bond, letter of credit, certificate	197
of deposit, or proof of the insurance coverage, as required by	198
section 3743.02 of the Revised Code, the fire marshal shall review	199
the application and accompanying matter, request the criminal	200
records check described in division (E) of this section, inspect	201
the premises of the fireworks plant described in the application,	202
and determine whether the applicant will be issued the license. In	203
determining whether to issue the license, the fire marshal shall	204
consider the results of the criminal records check and the	205
inspection, and the information set forth in the application, and	206
shall decide whether the applicant and the fireworks plant	207
described in the application conform to sections 3743.02 to	208
3743.08 of the Revised Code and the rules adopted by the fire	209
marshal pursuant to section 3743.05 of the Revised Code, and are	210
in full compliance with Chapters 3781. and 3791. of the Revised	211
Code, and any applicable building or zoning regulations.	212

(B) The Subject to section 3743.70 of the Revised Code, the	213
fire marshal shall issue a license pursuant to in accordance with	214
Chapter 119. of the Revised Code to an applicant for licensure as	215
a manufacturer of fireworks only if the applicant and the	216
fireworks plant described in the application conform to sections	217
3743.02 to 3743.08 of the Revised Code and the rules adopted by	218
the fire marshal pursuant to section 3743.05 of the Revised Code,	219
only if the fireworks plant described in the application complies	220
with the Ohio building code adopted under Chapter 3781. of the	221
Revised Code, if that fireworks plant was constructed after May	222
30, 1986, and only if the fire marshal is satisfied that the	223
application and accompanying matter are complete and in conformity	224
with section 3743.02 of the Revised Code. The requirements of	225
this chapter and of the rules adopted under this chapter as	226
applicable to the structure of a building do not apply to a	227
building in a fireworks plant if the building was inspected and	228
approved by the department of industrial relations or by any	229
building department certified pursuant to division (E) of section	230
3781.10 of the Revised Code prior to May 30, 1986.	231

(C) Each license issued pursuant to this section shall	232
contain a distinct number assigned to the licensed manufacturer	233
and, if the licensed manufacturer will engage in the processing of	234
fireworks as any part of its manufacturing of fireworks at the	235
fireworks plants, a notation indicating that fact. The fire	236
marshal shall maintain a list of all licensed manufacturers of	237
fireworks. In the list next to each manufacturer's name, the fire	238
marshal shall insert the period of licensure, the license number	239
of the manufacturer, and, if applicable, a notation that the	240
manufacturer will engage in the processing of fireworks as part of	241
its manufacturing of fireworks.	242

(D) The holder of a license issued pursuant to this section	243
may request the fire marshal to cancel that license and issue in	244
its place a license to sell fireworks at wholesale under section	245
3743.16 of the Revised Code. Upon receipt of such a request, the	246
fire marshal shall cancel the license issued under this section	247
and issue a license under section 3743.16 of the Revised Code if	248
the applicant meets the requirements of that section.	249

(E) Upon receipt of an application and the required	250
accompanying matter under section 3743.02 of the Revised Code, the	251
fire marshal shall forward to the superintendent of the bureau of	252
criminal identification and investigation a request that the	253
bureau conduct an investigation of the applicant and, if	254
applicable, additional individuals who hold, own, or control a	255
five per cent or greater beneficial or equity interest in the	256
applicant, to determine whether the applicant or the additional	257
associated individuals have been convicted of or pled guilty to a	258
felony under the laws of this state, another state, or the United	259
States.	260

If the applicant for initial licensure has resided in this	261
state for less than five continuous years immediately prior to the	262
date the applicant submits an initial application, the	263
superintendent also shall request that the federal bureau of	264
investigation conduct an investigation of the applicant and, if	265
applicable, additional individuals who hold, own, or control a	266
five per cent or greater beneficial or equity interest in the	267
applicant, to determine whether the applicant or the additional	268
associated individuals have been convicted of or pled guilty to a	269
felony under the laws of this state, another state, or the United	270
States.	271

The superintendent shall forward the results of an	272
investigation conducted pursuant to this division to the fire	273
marshal and may charge a reasonable fee for providing the results.	274
The fire marshal shall assess any fee charged by the	275
superintendent for the results to the applicant.	276

Sec. 3743.04.  (A) The license of a manufacturer of	277
fireworks is effective for one year beginning on the first day of	278
December. The fire marshal shall issue or renew a license only on	279
that date and at no other time. If a manufacturer of fireworks	280
wishes to continue manufacturing fireworks at the designated	281
fireworks plant after its then effective license expires, it shall	282
apply no later than the first day of October for a new license	283
pursuant to section 3743.02 of the Revised Code. The fire marshal	284
shall send a written notice of the expiration of its license to a	285
licensed manufacturer at least two three months before the	286
expiration date.	287

(B) If, during the effective period of its licensure, a	288
licensed manufacturer of fireworks wishes to construct, locate, or	289
relocate any buildings or other structures on the premises of its	290
fireworks plant, to make any structural change or renovation in	291
any building or other structure on the premises of its fireworks	292
plant, or to change the nature of its manufacturing of fireworks	293
so as to include the processing of fireworks, the manufacturer	294
shall notify the fire marshal in writing. The fire marshal may	295
require a licensed manufacturer also to submit documentation,	296
including, but not limited to, plans covering the proposed	297
construction, location, relocation, structural change or	298
renovation, or change in manufacturing of fireworks, if he the	299
fire marshal determines the documentation is necessary for	300
evaluation purposes in light of the proposed construction,	301
location, relocation, structural change or renovation, or change	302
in manufacturing of fireworks.	303

Upon receipt of the notification and additional documentation	304
required by the fire marshal, the fire marshal shall inspect the	305
premises of the fireworks plant to determine if the proposed	306
construction, location, relocation, structural change or	307
renovation, or change in manufacturing of fireworks conforms to	308
sections 3743.02 to 3743.08 of the Revised Code and the rules	309
adopted by the fire marshal pursuant to section 3743.05 of the	310
Revised Code. The fire marshal shall issue a written	311
authorization to the manufacturer for the construction, location,	312
relocation, structural change or renovation, or change in	313
manufacturing of fireworks if he the fire marshal determines, upon	314
the inspection and a review of submitted documentation, that the	315
construction, location, relocation, structural change or	316
renovation, or change in manufacturing of fireworks conforms to	317
those sections and rules. Upon authorizing a change in	318
manufacturing of fireworks to include the processing of fireworks,	319
the fire marshal shall make notations on the manufacturer's	320
license and in the list of licensed manufacturers in accordance	321
with section 3743.03 of the Revised Code.	322

On or before June 1, 1998, a licensed manufacturer shall	323
install, in every licensed building in which fireworks are	324
manufactured, stored, or displayed and to which the public has	325
access, interlinked fire detection, smoke exhaust, and smoke	326
evacuation systems that are approved by the superintendent of the	327
division of industrial compliance, and shall comply with floor	328
plans showing occupancy load limits and internal circulation and	329
egress patterns that are approved by the fire marshal and	330
superintendent, and that are submitted under seal as required by	331
section 3791.04 of the Revised Code. Notwithstanding section	332
3743.59 of the Revised Code, the construction and safety	333
requirements established in this division are not subject to any	334
variance, waiver, or exclusion.	335

(C) The license of a manufacturer of fireworks authorizes	336
the manufacturer to engage only in the following activities:	337

(1) The manufacturing of fireworks on the premises of the	338
fireworks plant as described in the application for licensure or	339
in the notification submitted under division (B) of this section,	340
except that a licensed manufacturer shall not engage in the	341
processing of fireworks unless authorized to do so by its license.	342

(2) To possess for sale at wholesale and sell at wholesale	343
the fireworks manufactured by the manufacturer, to persons who are	344
licensed wholesalers of fireworks, to out-of-state residents in	345
accordance with section 3743.44 of the Revised Code, to residents	346
of this state in accordance with section 3743.45 of the Revised	347
Code, or to persons located in another state provided the	348
fireworks are shipped directly out of this state to them by the	349
manufacturer. A person who is licensed as a manufacturer of	350
fireworks on the effective date of this amendment may June 14,	351
1988, also may possess for sale and sell pursuant to division	352
(C)(2) of this section fireworks other than those he the person	353
manufactures. The possession for sale shall be on the premises of	354
the fireworks plant described in the application for licensure or	355
in the notification submitted under division (B) of this section,	356
and the sale shall be from those premises the inside of a licensed	357
building and from no other structure or device outside a licensed	358
building. At no time shall a licensed manufacturer sell any class	359
of fireworks outside a licensed building.	360

(3) Possess for sale at retail and sell at retail the	361
fireworks manufactured by the manufacturer, other than Class C	362
1.4G fireworks as designated by the fire marshal in rules adopted	363
pursuant to division (A) of section 3743.05 of the Revised Code,	364
to licensed exhibitors in accordance with sections 3743.50 to	365
3743.55 of the Revised Code, and possess for sale at retail and	366
sell at retail the fireworks manufactured by the manufacturer,	367
including such Class C 1.4G fireworks, to out-of-state residents	368
in accordance with section 3743.44 of the Revised Code, to	369
residents of this state in accordance with section 3743.45 of the	370
Revised Code, or to persons located in another state provided the	371
fireworks are shipped directly out of this state to them by the	372
manufacturer. A person who is licensed as a manufacturer of	373
fireworks on the effective date of this amendment June 14, 1988,	374
may also possess for sale and sell pursuant to division (C)(3) of	375
this section fireworks other than those he the person	376
manufactures. The possession for sale shall be on the premises of	377
the fireworks plant described in the application for licensure or	378
in the notification submitted under division (B) of this section,	379
and the sale shall be from those premises the inside of a licensed	380
building and from no other structure or device outside a licensed	381
building. At no time shall a licensed manufacturer sell any class	382
of fireworks outside a licensed building.	383

A licensed manufacturer of fireworks shall sell under	384
division (C) of this section only fireworks that meet the	385
standards set by the consumer product safety commission or by the	386
American fireworks standard laboratories or that have received an	387
EX number from the United States department of transportation.	388

(D) The license of a manufacturer of fireworks shall be	389
protected under glass and posted in a conspicuous place on the	390
premises of the fireworks plant. Except as otherwise provided in	391
this division, the license is not transferable or assignable. A	392
license may be transferred to another person for the same	393
fireworks plant for which the license was issued if the assets of	394
the plant are transferred to that person by inheritance or by a	395
sale approved by the fire marshal. The license is subject to	396
revocation in accordance with section 3743.08 of the Revised Code.	397

(E) The fire marshal shall not place the license of a	398
manufacturer of fireworks in a temporarily inactive status while	399
the holder of the license is attempting to qualify to retain the	400
license.	401

(F) Each licensed manufacturer of fireworks that possesses	402
fireworks for sale and sells fireworks under division (C) of	403
section 3743.04 of the Revised Code, or a designee of the	404
manufacturer, whose identity is provided to the fire marshal by	405
the manufacturer, annually shall attend a continuing education	406
program consisting of not less than eight hours of instruction.	407
The fire marshal shall develop the program and the fire marshal or	408
a person or public agency approved by the fire marshal shall	409
conduct it. A licensed manufacturer or the manufacturer's	410
designee who attends a program as required under this division,	411
within one year after attending the program, shall conduct	412
in-service training for other employees of the licensed	413
manufacturer regarding the information obtained in the program. A	414
licensed manufacturer shall provide the fire marshal with notice	415
of the date, time, and place of all in-service training not less	416
than thirty days prior to an in-service training event.	417

(G) A licensed manufacturer shall maintain comprehensive	418
general liability insurance coverage in the amount and type	419
specified under division (B)(2) of section 3743.02 of the Revised	420
Code at all times. Each policy of insurance required under this	421
division shall contain a provision requiring the insurer to give	422
not less than fifteen days' prior written notice to the fire	423
marshal before termination, lapse, or cancellation of the policy,	424
or any change in the policy that reduces the coverage below the	425
minimum required under this division. Prior to canceling or	426
reducing the amount of coverage of any comprehensive general	427
liability insurance coverage required under this division, a	428
licensed manufacturer shall secure supplemental insurance in an	429
amount and type that satisfies the requirements of this division	430
so that no lapse in coverage occurs at any time. A licensed	431
manufacturer who secures supplemental insurance shall file	432
evidence of the supplemental insurance with the fire marshal prior	433
to canceling or reducing the amount of coverage of any	434
comprehensive general liability insurance coverage required under	435
this division.	436

Sec. 3743.05.  The fire marshal shall adopt rules pursuant to	437
in accordance with Chapter 119. of the Revised Code governing the	438
classification of fireworks that are consistent with the	439
classification of fireworks by the United States department of	440
transportation as set forth in Title 49, Code of Federal	441
Regulations, and the manufacture of fireworks and the storage of	442
manufactured fireworks by licensed manufacturers of fireworks. The	443
rules shall be designed to promote the safety and security of	444
employees of manufacturers, members of the public, and the	445
fireworks plant.	446

The rules shall be consistent with sections 3743.02 to	447
3743.08 of the Revised Code, shall be limited substantially	448
equivalent to the most recent versions of chapters 1123, 1124, and	449
1126 of the most recent national fire protection association	450
standards, and shall apply to, but not be limited to, the	451
following subject matters:	452

(A) A classification of fireworks by number and letter	453
designation, including, specifically, a Class C 1.4G designation	454
of fireworks. The classes of fireworks established by the fire	455
marshal shall be substantially equivalent to those defined by the	456
United States department of transportation by regulation, except	457
that, if the fire marshal determines that a type of fireworks	458
designated as common fireworks by the United States department of	459
transportation meets the criteria of any class of fireworks, other	460
than Class C 1.4G fireworks, as adopted by the fire marshal	461
pursuant to this section, the fire marshal may include the type of	462
fireworks in the other class instead of Class C 1.4G.	463

(B) Appropriate standards for the manufacturing of types of	464
fireworks that are consistent with standards adopted by the United	465
States department of transportation and the consumer product	466
safety commission, including, but not limited to, the following:	467

(1) Permissible amounts of pyrotechnic or explosive	468
composition;	469

(2) Interior and exterior dimensions;

470

(3) Structural specifications.

471

(C) Cleanliness and orderliness in, the heating, lighting,	472
and use of stoves and flame-producing items in, smoking in, the	473
prevention of fire and explosion in, the availability of fire	474
extinguishers or other fire-fighting equipment and their use in,	475
and emergency procedures relative to the buildings and other	476
structures located on the premises of a fireworks plant.	477

(D) Appropriate uniforms to be worn by employees of	478
manufacturers in the course of the manufacturing, handling, and	479
storing of fireworks, and the use of protective clothing and	480
equipment by the employees.	481

(E) The manner in which fireworks are to be packed,	482
packaged, and stored.	483

Sec. 3743.06.  In addition to conforming to the rules of the	484
fire marshal adopted pursuant to section 3743.05 of the Revised	485
Code, licensed manufacturers of fireworks shall operate their	486
fireworks plants in accordance with the following:	487

(A) Signs indicating that smoking is generally forbidden and	488
trespassing is prohibited on the premises of a fireworks plant	489
shall be posted on the premises in a manner determined by the fire	490
marshal.	491

(B) Reasonable precautions shall be taken to protect the	492
premises of a fireworks plant from trespass, loss, theft, or	493
destruction. Only persons employed by the manufacturer,	494
authorized governmental personnel, and persons who have obtained	495
permission from a member of the manufacturer's office to be on the	496
premises, are to be allowed to enter and remain on the premises.	497

(C) Smoking or the carrying of lighted pipes, cigarettes, or	498
cigars, matches, lighters, other flame-producing items, or open	499
flame on, or the carrying of a concealed source of ignition into,	500
the premises of a fireworks plant is prohibited, except that a	501
manufacturer may permit smoking in specified lunchrooms or	502
restrooms in buildings or other structures in which no	503
manufacturing, handling, sales, or storage of fireworks take takes	504
place. "NO SMOKING" signs shall be posted on the premises as	505
required by the fire marshal.	506

(D) Fire and explosion prevention and other reasonable	507
safety measures and precautions shall be implemented by a	508
manufacturer.	509

(E) Persons shall not be permitted to have in their	510
possession or under their control, while they are on the premises	511
of the fireworks plant, any intoxicating liquor, beer, or	512
controlled substance, and they shall not be permitted to enter or	513
remain on the premises if they are found to be under the influence	514
of any intoxicating liquor, beer, or controlled substance.	515

(F) A manufacturer shall conform to all building, safety,	516
and zoning statutes, ordinances, rules, or other enactments that	517
apply to the premises of its fireworks plant.	518

(G) No building used in the manufacture, storage, or sale of	519
fireworks shall be situated nearer than one thousand feet to any	520
structure that is not located on the property of and that does not	521
belong to the licensed fireworks manufacturer, or nearer than	522
three hundred feet to any highway or railroad, or nearer than one	523
hundred feet to any building used for the storage of explosives or	524
fireworks, or nearer than fifty feet to any factory building. This	525
division does not apply to factory buildings in fireworks plants	526
that were erected on or before May 30, 1986, and that were legally	527
being used for fireworks activities under authority of a valid	528
license issued by the fire marshal as of December 1, 1990,	529
pursuant to sections 3743.03 and 3743.04 of the Revised Code.	530

(H) Each fireworks plant shall have at least one class 1	531
magazine that is approved by the bureau of alcohol, tobacco, and	532
firearms of the United States department of the treasury and that	533
is otherwise in conformity with federal law. This division does	534
not apply to fireworks plants existing on or before August 3,	535
1931.	536

(I) Awnings, tents, and canopies shall not be used as	537
facilities for the sale or storage of fireworks. This division	538
does not prohibit the use of an awning or canopy attached to a	539
public access showroom for storing nonflammable shopping	540
convenience items such as shopping carts or baskets or providing a	541
shaded area for patrons waiting to enter the public sales area.	542

(J) Fireworks may be stored in trailers if the trailers are	543
properly enclosed, secured, and grounded and are separated from	544
any structure to which the public is admitted by a distance that	545
will, in the fire marshal's judgment, allow fire-fighting	546
equipment to have full access to the structures on the licensed	547
premises. Such trailers may be moved into closer proximity to any	548
structure only to accept or discharge cargo for a period not to	549
exceed forty-eight hours. Only two such trailers may be placed in	550
such closer proximity at any one time. At no time may trailers be	551
used for conducting sales of any class of fireworks, nor may	552
members of the public have access to the trailers.	553

Storage areas for fireworks that are in the same building	554
where fireworks are displayed and sold to the public shall be	555
separated from the areas to which the public has access by an	556
appropriately rated fire wall.	557

(K) A fire suppression system as defined in section 3781.108	558
of the Revised Code may be turned off only for repair, drainage of	559
the system to prevent damage by freezing during the period of	560
time, approved by the fire marshal, that the facility is closed to	561
all public access during winter months, or maintenance of the	562
system. If any repair or maintenance is necessary during times	563
when the facility is open for public access and business as	564
approved by the fire marshal, the licensed manufacturer shall	565
notify in advance the appropriate insurance company and fire chief	566
or fire prevention officer regarding the nature of the maintenance	567
or repair and the time when it will be performed.	568

(L) If any fireworks item is removed from its original	569
package or is manufactured with any fuse other than a safety fuse	570
approved by the consumer product safety commission, then the item	571
shall be covered completely by repackaging or bagging or it shall	572
otherwise be covered so as to prevent ignition prior to sale.	573

(M) A safety officer shall be present during regular	574
business hours at a building open to the public during the period	575
commencing fourteen days before, and ending two days after, each	576
fourth day of July. The officer shall be highly visible, enforce	577
this chapter and any applicable building codes to the extent the	578
officer is authorized by law, and be one of the following:	579

(1) A deputy sheriff;

580

(2) A law enforcement officer of a municipal corporation,	581
township, or township or joint township police district;	582

(3) A private uniformed security guard registered under	583
section 4749.06 of the Revised Code.	584

(N) All doors of all buildings on the licensed premises	585
shall swing outward.	586

(O) All wholesale and commercial sales of fireworks shall be	587
packaged, shipped, placarded, and transported in accordance with	588
United States department of transportation regulations applicable	589
to the transportation, and the offering for transportation, of	590
hazardous materials. For purposes of this division, "wholesale	591
and commercial sales" includes all sales for resale and any	592
nonretail sale made in furtherance of a commercial enterprise. For	593
purposes of enforcement of these regulations under section 4905.83	594
of the Revised Code, any sales transaction exceeding one thousand	595
pounds shall be rebuttably presumed to be a wholesale or	596
commercial sale.	597

Sec. 3743.07.  (A) Licensed manufacturers of fireworks shall	598
keep complete records of all fireworks in their inventory.	599

(B) Licensed manufacturers of fireworks shall keep the	600
following records with respect to fireworks sold at wholesale or	601
retail for a period of three years after the date of their sale:	602

(1) In the case of a wholesale sale, the name and address of	603
the purchaser; the destination to which the fireworks will be	604
transported; if applicable, the number of the purchaser's	605
wholesale license; the date of purchase; when the fireworks are to	606
be shipped directly out of this state by a manufacturer to a	607
purchaser, the manner in which the fireworks were shipped to the	608
purchaser; and such other information as the fire marshal may	609
require.	610

(2) In the case of a retail sale, the name and address of	611
the purchaser; the destination to which the fireworks will be	612
transported; if applicable, the number of the purchaser's	613
exhibitor's license and the number and political subdivision	614
designation of the purchaser's permit for a fireworks exhibition;	615
the date of purchase; when the fireworks are shipped directly out	616
of this state by a manufacturer to a purchaser, the manner in	617
which the fireworks were shipped to the purchaser; and such other	618
information as the fire marshal may require.	619

(C) The seller shall require each purchaser described in	620
division (B) of this section to complete a purchaser's form, which	621
shall be furnished prescribed by the fire marshal and furnished by	622
the seller. On this form the purchaser shall include the	623
information described in division (B) of this section and the	624
purchaser's signature. Each purchaser's form shall contain a	625
statement printed in bold letters indicating that knowingly making	626
a false statement on the form is falsification under section	627
2921.13 of the Revised Code and is a misdemeanor of the first	628
degree. Each seller shall keep each purchaser's form for a period	629
of three years after the date of the purchase, and such forms	630
shall be open to inspection by the fire marshal or the fire	631
marshal's designated authority.	632

(D) A licensed manufacturer of fireworks shall keep its	633
wholesale sale and retail sale records in separate books. These	634
records and the inventory records shall be open to inspection by	635
the fire marshal or the fire marshal's designated authority.	636

Sec. 3743.08.  (A) The fire marshal may inspect the premises	637
of a fireworks plant, and the inventory, wholesale sale, and	638
retail sale records, of a licensed manufacturer of fireworks	639
during the manufacturer's period of licensure to determine whether	640
the manufacturer is in compliance with sections 3743.02 to 3743.08	641
Chapter 3743. of the Revised Code and the rules adopted by the	642
fire marshal pursuant to section 3743.05 of the Revised Code.	643

(B) If the fire marshal determines during an inspection	644
conducted pursuant to division (A) of this section that a	645
manufacturer is not in compliance with sections 3743.02 to 3743.08	646
Chapter 3743. of the Revised Code or the rules adopted by the fire	647
marshal pursuant to section 3743.05 of the Revised Code, he the	648
fire marshal may take one or more of the following actions,	649
whichever he the fire marshal considers appropriate under the	650
circumstances:	651

(1) Order, in writing, the manufacturer to eliminate,	652
correct, or otherwise remedy the nonconformities within a	653
specified period of time;	654

(2) Order, in writing, the manufacturer to immediately cease	655
its operations, if a fire or explosion hazard exists that	656
reasonably can be regarded as posing an imminent danger of death	657
or serious physical harm to persons. The order shall be effective	658
until the nonconformities are eliminated, corrected, or otherwise	659
remedied or for a period of seventy-two hours from the time of	660
issuance, whichever first occurs. During the seventy-two hour	661
period, the fire marshal may obtain from the court of common pleas	662
of Franklin county or of the county in which the fireworks plant	663
is located an injunction restraining the manufacturer from	664
continuing its operations after the seventy-two hour period	665
expires until the nonconformities are eliminated, corrected, or	666
otherwise remedied.	667

(3) Revoke or deny renewal of the license of the	668
manufacturer pursuant to in accordance with Chapter 119. of the	669
Revised Code;	670

(4) Take action as authorized by section 3743.68 of the	671
Revised Code.	672

(C) This section does not affect the authority conferred by	673
Chapters 3781. and 3791. of the Revised Code to conduct	674
inspections to determine conformity with those chapters or the	675
rules adopted pursuant to them.	676

(D) If the license of a manufacturer of fireworks is revoked	677
or renewal is denied pursuant to division (B)(3) of this section	678
or section 3743.70 of the Revised Code, the manufacturer shall	679
cease its operations immediately. The manufacturer may not	680
reapply for licensure as a manufacturer of fireworks until two	681
years expire from the date of revocation.	682

The fire marshal shall remove from the list of licensed	683
manufacturers the name of a manufacturer whose license has been	684
revoked, and shall notify the law enforcement authorities for the	685
political subdivision in which the manufacturer's fireworks plant	686
is located, of the revocation or denial of renewal.	687

Sec. 3743.15.  (A) Except as provided in division (C) of	688
this section, any person who wishes to be a wholesaler of	689
fireworks in this state shall submit to the fire marshal an	690
application for licensure as a wholesaler of fireworks before the	691
first day of December October of each year. The application shall	692
be submitted prior to commencement of business operations, shall	693
be on a form prescribed by the fire marshal, shall contain all	694
information requested by the fire marshal, and shall be	695
accompanied by the license fee, fingerprints, and bond, letter of	696
credit, certificate of deposit, or proof of insurance coverage	697
described in division (B) of this section.	698

The fire marshal shall prescribe a form for applications for	699
licensure as a wholesaler of fireworks and make a copy of the form	700
available, upon request, to persons who seek that licensure.	701

(B) An applicant for licensure as a wholesaler of fireworks	702
shall submit with the application both all of the following:	703

(1) A license fee of one two thousand five seven hundred	704
fifty dollars, which the fire marshal shall use to pay for	705
fireworks safety education, training programs, and inspections;	706

(2) An indemnity bond, with surety satisfactory to the fire	707
marshal, or a letter of credit or certificate of deposit, in such	708
amounts as may be determined by the fire marshal not in excess of	709
fifty thousand dollars nor less than twenty thousand dollars,	710
conditioned for the payment of all final judgments that may be	711
rendered against the wholesaler on account of an explosion at its	712
business location, or proof of insurance coverage of at least five	713
hundred thousand dollars for liability arising from an explosion	714
at its business location Proof of comprehensive general liability	715
insurance coverage, specifically including fire and smoke casualty	716
on premises, in an amount not less than one million dollars for	717
each occurrence for bodily injury liability and wrongful death	718
liability at its business location. Proof of such insurance	719
coverage shall be submitted together with proof of coverage for	720
products liability on all inventory located at the business	721
location. All applicants shall submit evidence of comprehensive	722
general liability insurance coverage verified by the insurer and	723
certified as to its provision of the minimum coverage required	724
under this division.	725

(3) One complete set of the applicant's fingerprints and a	726
complete set of fingerprints of any individual holding, owning, or	727
controlling a five per cent or greater beneficial or equity	728
interest in the applicant for the license.	729

(C) A licensed manufacturer of fireworks is not required to	730
apply for and obtain a wholesaler of fireworks license in order to	731
engage in the wholesale sale of fireworks as authorized by	732
division (C)(2) of section 3743.04 of the Revised Code. A	733
business which is not a licensed manufacturer of fireworks may	734
engage in the wholesale and retail sale of fireworks in the same	735
manner as a licensed manufacturer of fireworks is authorized to do	736
under this chapter without the necessity of applying for and	737
obtaining a license pursuant to this section, but only if the	738
business sells the fireworks on the premises of a fireworks plant	739
covered by a license issued under section 3743.03 of the Revised	740
Code and the holder of that license owns at least a majority	741
interest in that business. However, if a licensed manufacturer of	742
fireworks wishes to engage in the wholesale sale of fireworks in	743
this state at a location other than the premises of the fireworks	744
plant described in its application for licensure as a manufacturer	745
or in a notification submitted under division (B) of section	746
3743.04 of the Revised Code, the manufacturer shall first apply	747
for and obtain a wholesaler of fireworks license before engaging	748
in wholesale sales of fireworks at the other location.	749

(D) A separate application for licensure as a wholesaler of	750
fireworks shall be submitted for each location at which a person	751
wishes to engage in wholesale sales of fireworks.	752

Sec. 3743.16.  (A) If a person submits an application for	753
licensure as a wholesaler of fireworks, together with the license	754
fee, fingerprints, and bond, letter of credit, certificate of	755
deposit, or proof of the insurance coverage, as required by	756
section 3743.15 of the Revised Code, the fire marshal shall review	757
the application and accompanying matter, request the criminal	758
records check described in division (D) of this section, inspect	759
the premises on which the fireworks would be sold, and determine	760
whether the applicant will be issued the license. In determining	761
whether to issue the license, the fire marshal shall consider the	762
results of the criminal records check and the inspection, and the	763
information set forth in the application, and shall decide whether	764
the applicant and the premises on which the fireworks will be sold	765
conform to sections 3743.15 to 3743.21 of the Revised Code and the	766
rules adopted by the fire marshal pursuant to section 3743.18 of	767
the Revised Code, and are in full compliance with Chapters 3781.	768
and 3791. of the Revised Code, and any applicable building or	769
zoning regulations.	770

(B) The Subject to section 3743.70 of the Revised Code, the	771
fire marshal shall issue a license pursuant to in accordance with	772
Chapter 119. of the Revised Code to the applicant for licensure as	773
a wholesaler of fireworks only if the applicant and the premises	774
on which the fireworks will be sold conform to sections 3743.15 to	775
3743.21 of the Revised Code and the rules adopted by the fire	776
marshal pursuant to section 3743.18 of the Revised Code, only if	777
the premises on which the fireworks will be sold complies with the	778
Ohio building code adopted under Chapter 3781. of the Revised	779
Code, if that premises was constructed after May 30, 1986, and	780
only if the fire marshal is satisfied that the application and	781
accompanying matter are complete and in conformity with section	782
3743.15 of the Revised Code. The requirements of this chapter and	783
of the rules adopted under this chapter as applicable to the	784
structure of a building do not apply to a building used by a	785
wholesaler if the building was inspected and approved by the	786
department of industrial relations or by any building department	787
certified pursuant to division (E) of section 3781.10 of the	788
Revised Code prior to May 30, 1986.	789

(C) Each license issued pursuant to this section shall	790
contain a distinct number assigned to the particular wholesaler.	791
The fire marshal shall maintain a list of all licensed wholesalers	792
of fireworks. In this list next to each wholesaler's name, the	793
fire marshal shall insert the period of licensure and the license	794
number of the particular wholesaler.	795

(D) Upon receipt of an application and the required	796
accompanying matter under section 3743.15 of the Revised Code, the	797
fire marshal shall forward to the superintendent of the bureau of	798
criminal identification and investigation a request that the	799
bureau conduct an investigation of the applicant and, if	800
applicable, additional individuals who hold, own, or control a	801
five per cent or greater beneficial or equity interest in the	802
applicant, to determine whether the applicant or the additional	803
associated individuals have been convicted of or pled guilty to a	804
felony under the laws of this state, another state, or the United	805
States.	806

If the applicant for initial licensure has resided in this	807
state for less than five continuous years immediately prior to the	808
date the applicant submits an initial application, the	809
superintendent also shall request that the federal bureau of	810
investigation conduct an investigation of the applicant and, if	811
applicable, additional individuals who hold, own, or control a	812
five per cent or greater beneficial or equity interest in the	813
applicant, to determine whether the applicant or the additional	814
associated individuals have been convicted of or pled guilty to a	815
felony under the laws of this state, another state, or the United	816
States.	817

The superintendent shall forward the results of an	818
investigation conducted pursuant to this division to the fire	819
marshal and may charge a reasonable fee for providing the results.	820
The fire marshal shall assess any fee charged by the	821
superintendent for the results to the applicant.	822

Sec. 3743.17.  (A) The license of a wholesaler of fireworks	823
is effective for one year beginning on the first day of December.	824
The fire marshal shall issue or renew a license only on that date	825
and at no other time. If a wholesaler of fireworks wishes to	826
continue engaging in the wholesale sale of fireworks at the	827
particular location after its then effective license expires, it	828
shall apply not later than the first day of October for a new	829
license pursuant to section 3743.15 of the Revised Code. The fire	830
marshal shall send a written notice of the expiration of its	831
license to a licensed wholesaler at least two three months before	832
the expiration date.	833

(B) If, during the effective period of its licensure, a	834
licensed wholesaler of fireworks wishes to perform any	835
construction, or make any structural change or renovation, on the	836
premises on which the fireworks are sold, the wholesaler shall	837
notify the fire marshal in writing. The fire marshal may require	838
a licensed wholesaler also to submit documentation, including, but	839
not limited to, plans covering the proposed construction or	840
structural change or renovation, if the fire marshal determines	841
the documentation is necessary for evaluation purposes in light of	842
the proposed construction or structural change or renovation.	843

Upon receipt of the notification and additional documentation	844
required by the fire marshal, the fire marshal shall inspect the	845
premises on which the fireworks are sold to determine if the	846
proposed construction or structural change or renovation conforms	847
to sections 3743.15 to 3743.21 of the Revised Code and the rules	848
adopted by the fire marshal pursuant to section 3743.18 of the	849
Revised Code. The fire marshal shall issue a written	850
authorization to the wholesaler for the construction or structural	851
change or renovation if he the fire marshal determines, upon the	852
inspection and a review of submitted documentation, that the	853
construction or structural change or renovation conforms to those	854
sections and rules.	855

(C) The license of a wholesaler of fireworks authorizes the	856
wholesaler to engage only in the following activities:	857

(1) Possess for sale at wholesale and sell at wholesale	858
fireworks to persons who are licensed wholesalers of fireworks, to	859
out-of-state residents in accordance with section 3743.44 of the	860
Revised Code, to residents of this state in accordance with	861
section 3743.45 of the Revised Code, or to persons located in	862
another state provided the fireworks are shipped directly out of	863
this state to them by the wholesaler. The possession for sale	864
shall be at the location described in the application for	865
licensure or in the notification submitted under division (B) of	866
this section, and the sale shall be from that location the inside	867
of a licensed building and from no structure or device outside a	868
licensed building. At no time shall a licensed wholesaler sell	869
any class of fireworks outside a licensed building.	870

(2) Possess for sale at retail and sell at retail fireworks,	871
other than Class C 1.4G fireworks as designated by the fire	872
marshal in rules adopted pursuant to division (A) of section	873
3743.05 of the Revised Code, to licensed exhibitors in accordance	874
with sections 3743.50 to 3743.55 of the Revised Code, and possess	875
for sale at retail and sell at retail fireworks, including such	876
Class C 1.4G fireworks, to out-of-state residents in accordance	877
with section 3743.44 of the Revised Code, to residents of this	878
state in accordance with section 3743.45 of the Revised Code, or	879
to persons located in another state provided the fireworks are	880
shipped directly out of this state to them by the wholesaler. The	881
possession for sale shall be at the location described in the	882
application for licensure or in the notification submitted under	883
division (B) of this section, and the sale shall be from that	884
location the inside of the licensed building and from no other	885
structure or device outside this licensed building. At no time	886
shall a licensed wholesaler sell any class of fireworks outside a	887
licensed building.	888

A licensed wholesaler of fireworks shall sell under division	889
(C) of this section only fireworks that meet the standards set by	890
the consumer product safety commission or by the American	891
fireworks standard laboratories or that have received an EX number	892
from the United States department of transportation.	893

(D)(1) The license of a wholesaler of fireworks shall be	894
protected under glass and posted in a conspicuous place at the	895
location described in the application for licensure or in the	896
notification submitted under division (B) of this section. Except	897
as otherwise provided in this division, the license is not	898
transferable or assignable. A license may be transferred to	899
another person for the same location for which the license was	900
issued if the assets of the wholesaler are transferred to that	901
person by inheritance or by a sale approved by the fire marshal.	902
The license is subject to revocation in accordance with section	903
3743.21 of the Revised Code.	904

(2) Upon application by a licensed wholesaler of fireworks, a	905
wholesaler license may be transferred from one geographic location	906
to another within the same municipal corporation or within the	907
unincorporated area of the same township, but only if all of the	908
following apply:	909

(a) The identity of the holder of the license remains the	910
same in the new location.	911

(b) The former location is closed prior to the opening of	912
the new location and no fireworks business of any kind is	913
conducted at the former location after the transfer of the	914
license.	915

(c) The new location has received a local certificate of	916
zoning compliance and a local certificate of occupancy, and	917
otherwise is in compliance with all local building regulations.	918

(d) The transfer of the license is requested by the licensee	919
because the existing facility poses an immediate hazard to the	920
public.	921

(e) Any building at the new location is situated no closer	922
than one thousand feet to any property line or structure that does	923
not belong to the licensee requesting the transfer, no closer than	924
three hundred feet to any highway or railroad, no closer than one	925
hundred feet to any building used for the storage of explosives or	926
fireworks by the licensee, no closer than fifty feet to any	927
factory building owned or used by the licensee, and no closer than	928
two thousand feet to any building used for the sale, storage, or	929
manufacturing of fireworks that does not belong to the licensee.	930
If the licensee fails to comply with the requirements of division	931
(D)(2)(e) of this section by the licensee's own act, the license	932
at the new location is forfeited.	933

(f) Neither the licensee nor any person holding, owning, or	934
controlling a five per cent or greater beneficial or equity	935
interest in the licensee has been convicted of or has pleaded	936
guilty to a felony under the laws of this state, any other state,	937
or the United States after the effective date of this amendment.	938

(g) The fire marshal approves the request for the transfer.

939

The new location shall comply with the requirements specified	940
in divisions (A)(1) and (2) of section 3743.25 of the Revised Code	941
whether or not the fireworks showroom at the new location is	942
constructed, expanded, or first begins operating on and after the	943
effective date of this amendment.	944

(E) The fire marshal shall not place the license of a	945
wholesaler of fireworks in temporarily inactive status while the	946
holder of the license is attempting to qualify to retain the	947
license.	948

(F) Each licensed wholesaler of fireworks or a designee of	949
the wholesaler, whose identity is provided to the fire marshal by	950
the wholesaler, annually shall attend a continuing education	951
program consisting of not less than eight hours of instruction.	952
The fire marshal shall develop the program and the fire marshal or	953
a person or public agency approved by the fire marshal shall	954
conduct it. A licensed wholesaler or the wholesaler's designee	955
who attends a program as required under this division, within one	956
year after attending the program, shall conduct in-service	957
training for other employees of the licensed wholesaler regarding	958
the information obtained in the program. A licensed wholesaler	959
shall provide the fire marshal with notice of the date, time, and	960
place of all in-service training not less than thirty days prior	961
to an in-service training event.	962

(G) A licensed wholesaler shall maintain comprehensive	963
general liability insurance coverage in the amount and type	964
specified under division (B)(2) of section 3743.15 of the Revised	965
Code at all times. Each policy of insurance required under this	966
division shall contain a provision requiring the insurer to give	967
not less than fifteen days' prior written notice to the fire	968
marshal before termination, lapse, or cancellation of the policy,	969
or any change in the policy that reduces the coverage below the	970
minimum required under this division. Prior to canceling or	971
reducing the amount of coverage of any comprehensive general	972
liability insurance coverage required under this division, a	973
licensed wholesaler shall secure supplemental insurance in an	974
amount and type that satisfies the requirements of this division	975
so that no lapse in coverage occurs at any time. A licensed	976
wholesaler who secures supplemental insurance shall file evidence	977
of the supplemental insurance with the fire marshal prior to	978
canceling or reducing the amount of coverage of any comprehensive	979
general liability insurance coverage required under this division.	980

Sec. 3743.18.  The fire marshal shall adopt rules pursuant to	981
Chapter 119. of the Revised Code governing the storage of	982
fireworks by and the business operations of licensed wholesalers	983
of fireworks. These rules shall be designed to promote the safety	984
and security of employees of wholesalers, members of the public,	985
and the premises upon which fireworks are sold.	986

The rules shall be consistent with sections 3743.15 to	987
3743.21 of the Revised Code, shall be limited substantially	988
equivalent to the most recent versions of chapters 1123, 1124, and	989
1126 of the most recent national fire protection association	990
standards, and shall apply to, but not be limited to, the	991
following subject matters:	992

(A) Cleanliness and orderliness in, the heating, lighting,	993
and use of stoves and flame-producing items in, smoking in, the	994
prevention of fire and explosion in, the availability of fire	995
extinguishers or other fire-fighting equipment and their use in,	996
and emergency procedures relative to the buildings and other	997
structures on a wholesaler's premises.	998

(B) Appropriate uniforms to be worn by employees of	999
wholesalers in the course of handling and storing of fireworks,	1000
and the use of protective clothing and equipment by the employees.	1001

(C) The manner in which fireworks are to be stored.

1002

Sec. 3743.19.  In addition to conforming to the rules of the	1003
fire marshal adopted pursuant to section 3743.18 of the Revised	1004
Code, licensed wholesalers of fireworks shall conduct their	1005
business operations in accordance with the following:	1006

(A) A wholesaler shall conduct its business operations from	1007
the location described in its application for licensure or in a	1008
notification submitted under division (B) of section 3743.17 of	1009
the Revised Code.	1010

(B) Signs indicating that smoking is generally forbidden and	1011
trespassing is prohibited on the premises of a wholesaler shall be	1012
posted on the premises as determined by the fire marshal.	1013

(C) Reasonable precautions shall be taken to protect the	1014
premises of a wholesaler from trespass, loss, theft, or	1015
destruction.	1016

(D) Smoking or the carrying of lighted pipes, cigarettes, or	1017
cigars, matches, lighters, other flame-producing items, or open	1018
flame on, or the carrying of a concealed source of ignition into,	1019
the premises of a wholesaler is prohibited, except that a	1020
wholesaler may permit smoking in specified lunchrooms or restrooms	1021
in buildings or other structures in which no sales, handling, or	1022
storage of fireworks takes place. "NO SMOKING" signs shall be	1023
posted on the premises as required by the fire marshal.	1024

(E) Fire and explosion prevention and other reasonable	1025
safety measures and precautions shall be implemented by a	1026
wholesaler.	1027

(F) Persons shall not be permitted to have in their	1028
possession or under their control, while they are on the premises	1029
of a wholesaler, any intoxicating liquor, beer, or controlled	1030
substance, and they shall not be permitted to enter or remain on	1031
the premises if they are found to be under the influence of any	1032
intoxicating liquor, beer, or controlled substance.	1033

(G) A wholesaler shall conform to all building, safety, and	1034
zoning statutes, ordinances, rules, or other enactments that apply	1035
to its premises.	1036

(H) No building used in the storage or sale of fireworks	1037
shall be situated nearer than one thousand feet to any structure	1038
that is not located on the property of and that does not belong to	1039
the licensed fireworks wholesaler, nearer than three hundred feet	1040
to any highway or railroad, or nearer than one hundred feet to any	1041
building used for the storage of explosives or fireworks. This	1042
division does not apply to buildings that were erected on or	1043
before May 30, 1986, and that were legally being used for	1044
fireworks activities under authority of a valid license issued by	1045
the fire marshal as of December 1, 1990, pursuant to sections	1046
3743.16 and 3743.17 of the Revised Code.	1047

(I) Each building used in the storage or sale of fireworks	1048
shall be kept open to the public for at least four hours each day	1049
between the hours of eight a.m. and five p.m., five days of each	1050
week, every week of the year. Upon application from a licensed	1051
wholesaler, the fire marshal may waive any of the requirements of	1052
this division.	1053

(J) Awnings, tents, or canopies shall not be used as	1054
facilities for the storage or sale of fireworks. This division	1055
does not prohibit the use of an awning or canopy attached to a	1056
public access showroom for storing nonflammable shopping	1057
convenience items such as shopping carts or baskets or providing a	1058
shaded area for patrons waiting to enter the public sales area.	1059

(K) Fireworks may be stored in trailers if the trailers are	1060
properly enclosed, secured, and grounded and are separated from	1061
any structure to which the public is admitted by a distance that	1062
will, in the fire marshal's judgment, allow fire-fighting	1063
equipment to have full access to the structures on the licensed	1064
premises. Such trailers may be moved into closer proximity to any	1065
structure only to accept or discharge cargo for a period not to	1066
exceed forty-eight hours. Only two such trailers may be placed in	1067
such closer proximity at any one time. At no time may trailers be	1068
used for conducting sales of any class of fireworks nor may	1069
members of the public have access to the trailers.	1070

Storage areas for fireworks that are in the same building	1071
where fireworks are displayed and sold to the public shall be	1072
separated from the areas to which the public has access by an	1073
appropriately rated fire wall.	1074

(L) A fire suppression system as defined in section	1075
3781.108 of the Revised Code may be turned off only for repair,	1076
drainage of the system to prevent damage by freezing during the	1077
period of time, approved by the fire marshal under division (I) of	1078
this section, that the facility is closed to public access during	1079
winter months, or maintenance of the system. If any repair or	1080
maintenance is necessary during times when the facility is open	1081
for public access and business, the licensed wholesaler shall	1082
notify in advance the appropriate insurance company and fire chief	1083
or fire prevention officer regarding the nature of the maintenance	1084
or repair and the time when it will be performed.	1085

(M) If any fireworks item is removed from its original	1086
package or is manufactured with any fuse other than a fuse	1087
approved by the consumer product safety commission, then the item	1088
shall be covered completely by repackaging or bagging or it shall	1089
otherwise be covered so as to prevent ignition prior to sale.	1090

(N) A safety officer shall be present during regular	1091
business hours at a building open to the public during the period	1092
commencing fourteen days before, and ending two days after, each	1093
fourth day of July. The officer shall be highly visible, enforce	1094
this chapter and any applicable building codes to the extent the	1095
officer is authorized by law, and be one of the following:	1096

(1) A deputy sheriff;

1097

(2) A law enforcement officer of a municipal corporation,	1098
township, or township or joint township police district;	1099

(3) A private uniformed security guard registered under	1100
section 4749.06 of the Revised Code.	1101

(O) All doors of all buildings on the licensed premises	1102
shall swing outward.	1103

(P) All wholesale and commercial sales of fireworks shall	1104
be packaged, shipped, placarded, and transported in accordance	1105
with United States department of transportation regulations	1106
applicable to the transportation, and the offering for	1107
transportation, of hazardous materials. For purposes of this	1108
division, "wholesale and commercial sales" includes all sales for	1109
resale and any nonretail sale made in furtherance of a commercial	1110
enterprise. For purposes of enforcement of these regulations under	1111
section 4905.83 of the Revised Code, any sales transaction	1112
exceeding one thousand pounds shall be rebuttably presumed to be a	1113
wholesale or commercial sale.	1114

Sec. 3743.20.  (A) Licensed wholesalers of fireworks shall	1115
keep complete records of all fireworks in their inventory.	1116

(B) Licensed wholesalers of fireworks shall keep the	1117
following records with respect to fireworks sold at wholesale or	1118
retail for a period of three years after the date of their sale:	1119

(1) In the case of a wholesale sale, the name and address of	1120
the purchaser; the destination to which the fireworks will be	1121
transported; if applicable, the number of the purchaser's	1122
wholesale license; the date of the purchase; when the fireworks	1123
are to be shipped directly out of this state by a wholesaler to a	1124
purchaser, the manner in which the fireworks were shipped to the	1125
purchaser; and such other information as the fire marshal may	1126
require;	1127

(2) In the case of a retail sale, the name and address of	1128
the purchaser; the destination to which the fireworks will be	1129
transported; if applicable, the number of the purchaser's	1130
exhibitor's license and the number and political subdivision	1131
designation of the purchaser's permit for a fireworks exhibition;	1132
the date of purchase; when the fireworks are shipped directly out	1133
of this state by a wholesaler to a purchaser, the manner in which	1134
the fireworks were shipped to the purchaser; and such other	1135
information as the fire marshal may require.	1136

(C) The seller shall require each purchaser described in	1137
division (B) of this section to complete a purchaser's form, which	1138
shall be furnished prescribed by the fire marshal and furnished by	1139
the seller. On this form the purchaser shall include the	1140
information described in division (B) of this section and the	1141
purchaser's signature. Each purchaser's form shall contain a	1142
statement printed in bold letters indicating that knowingly making	1143
a false statement on the form is falsification under section	1144
2921.13 of the Revised Code and is a misdemeanor of the first	1145
degree. Each seller shall keep each purchaser's form for a period	1146
of three years after the date of the purchase, and such forms	1147
shall be open to inspection by the fire marshal or the fire	1148
marshal's designated authority.	1149

(D) A licensed wholesaler of fireworks shall keep its	1150
wholesale sale and retail sale records in separate books. These	1151
records and the inventory records shall be open to inspection by	1152
the fire marshal or the fire marshal's designated authority.	1153

Sec. 3743.21.  (A) The fire marshal may inspect the	1154
premises, and the inventory, wholesale sale, and retail sale	1155
records, of a licensed wholesaler of fireworks during the	1156
wholesaler's period of licensure to determine whether the	1157
wholesaler is in compliance with sections 3743.15 to 3743.21	1158
Chapter 3743. of the Revised Code and the rules adopted by the	1159
fire marshal pursuant to section 3743.18 of the Revised Code.	1160

(B) If the fire marshal determines during an inspection	1161
conducted pursuant to division (A) of this section that a	1162
wholesaler is not in compliance with sections 3743.15 to 3743.21	1163
Chapter 3743. of the Revised Code or the rules adopted by the fire	1164
marshal pursuant to section 3743.18 of the Revised Code, he the	1165
fire marshal may take one or more of the following actions,	1166
whichever he the fire marshal considers appropriate under the	1167
circumstances:	1168

(1) Order, in writing, the wholesaler to eliminate, correct,	1169
or otherwise remedy the nonconformities within a specified period	1170
of time;	1171

(2) Order, in writing, the wholesaler to immediately cease	1172
its operations, if a fire or explosion hazard exists that	1173
reasonably can be regarded as posing an imminent danger of death	1174
or serious physical harm to persons. The order shall be effective	1175
until the nonconformities are eliminated, corrected, or otherwise	1176
remedied or for a period of seventy-two hours from the time of	1177
issuance, whichever first occurs. During the seventy-two hour	1178
period, the fire marshal may obtain from the court of common pleas	1179
of Franklin county or of the county in which the premises of the	1180
wholesaler are located an injunction restraining the wholesaler	1181
from continuing its operations after the seventy-two hour period	1182
expires until the nonconformities are eliminated, corrected, or	1183
otherwise remedied.	1184

(3) Revoke, or deny renewal of, the license of the	1185
wholesaler pursuant to in accordance with Chapter 119. of the	1186
Revised Code;	1187

(4) Take action as authorized by section 3743.68 of the	1188
Revised Code.	1189

(C) This section does not affect the authority conferred by	1190
Chapters 3781. and 3791. of the Revised Code to conduct	1191
inspections to determine conformity with those chapters or the	1192
rules adopted pursuant to them.	1193

(D) If the license of a wholesaler of fireworks is revoked	1194
or renewal is denied pursuant to division (B)(3) of this section	1195
or section 3743.70 of the Revised Code, the wholesaler shall cease	1196
its operations immediately. The wholesaler may not reapply for	1197
licensure as a wholesaler of fireworks until two years expire from	1198
the date of revocation.	1199

The fire marshal shall remove from the list of licensed	1200
wholesalers the name of a wholesaler whose license has been	1201
revoked or renewal denied, and shall notify the law enforcement	1202
authorities for the political subdivision in which the	1203
wholesaler's premises are located, of the revocation or denial of	1204
renewal.	1205

Sec. 3743.25.  (A) A licensed manufacturer, wholesaler, or	1206
exhibitor shall bring fireworks showroom structures, to which the	1207
public may have any access and in which employees are required to	1208
work, on all licensed premises, into compliance with the following	1209
safety requirements:	1210

(1) A fireworks showroom that is constructed or upon which	1211
expansion is undertaken on and after the effective date of this	1212
section, shall be equipped with interlinked fire detection, fire	1213
suppression, smoke exhaust, and smoke evacuation systems that are	1214
approved by the superintendent of the division of industrial	1215
compliance in the department of commerce.	1216

(2) A fireworks showroom that first begins to operate on or	1217
after the effective date of this section and to which the public	1218
has access for retail purposes shall not exceed five thousand	1219
square feet in floor area.	1220

(3) A fireworks showroom structure that exists on the	1221
effective date of this section but that, on or after the effective	1222
date of this section, is altered or added to in a manner requiring	1223
the submission of plans, drawings, specifications, or data	1224
pursuant to section 3791.04 of the Revised Code, shall comply with	1225
a graphic floor plan layout that is approved by the fire marshal	1226
and superintendent of the division of industrial compliance	1227
showing width of aisles, parallel arrangement of aisles to exits,	1228
number of exits per wall, maximum occupancy load, evacuation plan	1229
for occupants, height of storage or display of merchandise, and	1230
other information as may be required by the fire marshal and	1231
superintendent.	1232

(4)(a) Except as provided in division (A)(4)(b) of this	1233
section, a fireworks showroom structure that exists on the	1234
effective date of this section shall be retrofitted on or before	1235
June 1, 1998, with interlinked fire detection, smoke exhaust, and	1236
smoke evacuation systems that are approved by the superintendent	1237
of the division of industrial compliance.	1238

(b) If meeting the retrofitting requirements set forth in	1239
division (A)(4)(a) of this section would constitute an extreme	1240
financial hardship that would force a licensee to terminate	1241
business operations, the licensee shall conduct sales only on the	1242
basis of de-fused representative samples in closed and covered	1243
displays within the fireworks showroom.	1244

(5) A fireworks showroom structure that exists on the	1245
effective date of this section shall be in compliance on or before	1246
June 1, 1998, with floor plans showing occupancy load limits and	1247
internal circulation and egress patterns that are approved by the	1248
fire marshal and superintendent of industrial compliance, and that	1249
are submitted under seal as required by section 3791.04 of the	1250
Revised Code.	1251

(B) The safety requirements established in division (A) of	1252
this section are not subject to any variance, waiver, or exclusion	1253
pursuant to this chapter or any applicable building code.	1254

Sec. 3743.40.  (A) Any person who resides in another state	1255
and who intends to ship fireworks into this state shall submit to	1256
the fire marshal an application for a shipping permit. As used in	1257
this section, "fireworks" includes only class B 1.3G and class C	1258
1.4G fireworks. The application shall be submitted prior to	1259
shipping fireworks into this state, shall be on a form prescribed	1260
by the fire marshal, shall contain the information required by	1261
division (B) of this section and all information requested by the	1262
fire marshal, and shall be accompanied by the fee and the	1263
documentation described in division (C) of this section.	1264

The fire marshal shall prescribe a form for applications for	1265
shipping permits and make a copy of the form available, upon	1266
request, to persons who seek such a permit.	1267

(B) In an application for a shipping permit, the applicant	1268
shall specify the types of fireworks to be shipped into this	1269
state.	1270

(C) An application for a shipping permit shall be	1271
accompanied by a fee of one two thousand five seven hundred fifty	1272
dollars.	1273

An application for a shipping permit shall be accompanied by	1274
a certified copy of the applicant's license or permit issued in	1275
his the applicant's state of residence and authorizing him the	1276
applicant to engage in the manufacture, wholesale sale, or	1277
transportation of fireworks in that state, if that state issues	1278
such a license or permit, and by a statement by the applicant that	1279
he the applicant understands and will abide by rules adopted by	1280
the fire marshal pursuant to section 3743.58 of the Revised Code	1281
for transporting fireworks.	1282

(D) Except as otherwise provided in this division, and	1283
subject to section 3743.70 of the Revised Code, the fire marshal	1284
shall issue a shipping permit to an applicant only if the fire	1285
marshal determines that the applicant is a resident of another	1286
state and is the holder of a license or permit issued by that	1287
state authorizing it to engage in the manufacture, wholesale sale,	1288
or transportation of fireworks in that state, and the fire marshal	1289
is satisfied that the application and documentation are complete	1290
and in conformity with this section and that the applicant will	1291
transport fireworks into this state in accordance with rules	1292
adopted by the fire marshal pursuant to section 3743.58 of the	1293
Revised Code. The fire marshal shall issue a shipping permit to	1294
an applicant if the applicant meets all of the requirements of	1295
this section for the issuance of a shipping permit except that the	1296
applicant does not hold a license or permit issued by the state of	1297
residence authorizing the applicant to engage in the manufacture,	1298
wholesale sale, or transportation of fireworks in that state	1299
because that state does not issue such a license or permit.	1300

(E) Each permit issued pursuant to this section shall	1301
contain a distinct number assigned to the particular permit	1302
holder, and contain the information described in division (B) of	1303
this section.	1304

The fire marshal shall maintain a list of all persons issued	1305
shipping permits. In this list next to each person's name, the	1306
fire marshal shall insert the date upon which the permit was	1307
issued and the information described in division (B) of this	1308
section.	1309

(F) A shipping permit is valid for one year from the date	1310
of issuance by the fire marshal and only if the permit holder	1311
ships the fireworks directly into this state to the holder of a	1312
license issued under section 3743.03 or 3743.16 of the Revised	1313
Code. The permit authorizes the permit holder to ship fireworks	1314
directly to the holder of a license issued under section 3743.03	1315
or 3743.16 of the Revised Code, and to possess the fireworks in	1316
this state while the permit holder is in the course of shipping	1317
them directly into this state.	1318

The holder of a shipping permit shall have the permit in his	1319
the holder's possession in this state at all times while in the	1320
course of shipping the fireworks directly into this state. A	1321
shipping permit is not transferable or assignable.	1322

Sec. 3743.44.  (A) Any person who resides in another state	1323
and who intends to obtain possession in this state of fireworks	1324
purchased in this state shall obtain possession of the fireworks	1325
only from a licensed manufacturer or licensed wholesaler and only	1326
possess the fireworks in this state while in the course of	1327
directly transporting them out of this state. No licensed	1328
manufacturer or licensed wholesaler shall sell Class B 1.3G	1329
fireworks to a person who resides in another state unless that	1330
person has been issued a license or permit in the state of the	1331
person's residence that authorizes the person to engage in the	1332
manufacture, wholesale sale, or retail sale of Class B 1.3G	1333
fireworks or that authorizes the person to conduct Class B 1.3G	1334
fireworks exhibitions in that state and that person presents a	1335
certified copy of the license. No licensed manufacturer or	1336
licensed wholesaler shall sell fireworks to a person who resides	1337
in another state unless that person has been issued a license or	1338
permit in the state of the person's residence that authorizes the	1339
person to engage in the manufacture, wholesale sale, or retail	1340
sale of fireworks in that state or that authorizes the person to	1341
conduct fireworks exhibitions in that state and that person	1342
presents a certified copy of the license, or, if that person does	1343
not possess a license or permit of that nature, only if the person	1344
presents a current valid motor vehicle operator's license issued	1345
to the person in the person's state of residence, or, if that	1346
person does not possess a motor vehicle operator's license issued	1347
in that state, an identification card issued to the person by a	1348
governmental agency in the person's state of residence indicating	1349
that the person is a resident of that state. If a person who is	1350
required to present a motor vehicle operator's license or other	1351
identification card intends to transport the fireworks purchased	1352
directly out of this state by a motor vehicle and the person will	1353
not also be the operator of that motor vehicle while so	1354
transporting the fireworks, the operator of the motor vehicle also	1355
shall present the operator's motor vehicle operator's license.	1356

(B) A licensed manufacturer or licensed wholesaler selling	1357
fireworks under this section shall require the purchaser to	1358
complete a purchaser's form. The state fire marshal shall	1359
prescribe the form, and the licensed manufacturer or licensed	1360
wholesaler shall furnish the form. On this form the purchaser	1361
shall include the purchaser's name and address; the date of the	1362
purchase; the destination to which the fireworks will be	1363
transported; the number of the purchaser's license or permit	1364
authorizing the purchaser to manufacture, sell at wholesale, or	1365
sell at retail fireworks or to conduct fireworks exhibitions, or	1366
the number of the purchaser's motor vehicle operator's license or	1367
other identification card, as applicable; such other information	1368
as the fire marshal may require; and the purchaser's signature.	1369
Each purchaser's form shall contain a statement printed in bold	1370
letters indicating that knowingly making a false statement on the	1371
form is falsification under section 2921.13 of the Revised Code	1372
and is a misdemeanor of the first degree.	1373

Each licensed manufacturer and licensed wholesaler shall keep	1374
each purchaser's form for a period of three years after the date	1375
of the purchase, and such forms shall be open to inspection by the	1376
fire marshal or the fire marshal's designated authority.	1377

(C) Each purchaser of fireworks under this section shall	1378
transport the fireworks so purchased directly out of this state	1379
within seventy-two hours after the time of their purchase.	1380

This section regulates wholesale sales and retail sales of	1381
fireworks in this state only insofar as purchasers of fireworks	1382
are residents of other states and will be obtaining possession in	1383
this state of purchased fireworks. This section does not prohibit	1384
licensed manufacturers or wholesalers from selling fireworks, in	1385
accordance with section 3743.04 or 3743.17 of the Revised Code, to	1386
a resident of another state and from shipping the purchased	1387
fireworks directly out of this state to the purchaser.	1388

Sec. 3743.45.  (A) Any person who resides in this state and	1389
who intends to obtain possession in this state of Class C 1.4G	1390
fireworks purchased in this state shall obtain possession of the	1391
Class C 1.4G fireworks only from a licensed manufacturer or	1392
licensed wholesaler.	1393

A licensed manufacturer or licensed wholesaler selling Class	1394
C 1.4G fireworks under this division shall require the purchaser	1395
to complete a purchaser's form, which shall be furnished	1396
prescribed by the state fire marshal and furnished by the licensed	1397
manufacturer or licensed wholesaler. On this form the purchaser	1398
shall include the purchaser's name and address;, the date of the	1399
purchase;, the destination to which the fireworks will be	1400
transported;, such other information as the fire marshal may	1401
require;, and the purchaser's signature. Each purchaser's form	1402
shall contain a statement printed in bold letters indicating that	1403
knowingly making a false statement on the form is falsification	1404
under section 2921.13 of the Revised Code and is a misdemeanor of	1405
the first degree.	1406

Each licensed manufacturer and licensed wholesaler shall keep	1407
each purchaser's form for a period of three years after the date	1408
of the purchase, and such forms shall be open to inspection by the	1409
fire marshal or the fire marshal's designated authority.	1410

Each purchaser of Class C 1.4G fireworks under this division	1411
shall transport the fireworks so purchased directly out of this	1412
state within forty-eight hours after the time of their purchase.	1413

This division does not apply to a person who resides in this	1414
state and who is also a licensed manufacturer, licensed	1415
wholesaler, or licensed exhibitor of fireworks in this state.	1416

(B) No licensed manufacturer or licensed wholesaler shall	1417
sell Class B 1.3G fireworks to a person who resides in this state	1418
unless that person is a licensed manufacturer, licensed	1419
wholesaler, or licensed exhibitor of fireworks in this state.	1420

Sec. 3743.50.  Any person who wishes to be an exhibitor of	1421
fireworks in this state shall submit to the fire marshal an	1422
application for licensure as an exhibitor of fireworks. Except as	1423
otherwise provided in this section, the application shall be on a	1424
form prescribed by the fire marshal, shall contain all information	1425
requested by the fire marshal, and shall be accompanied by a fee	1426
of one hundred fifty dollars, except that the application of an	1427
applicant who is employed by a licensed manufacturer or wholesaler	1428
of fireworks shall be accompanied by a fee of fifty dollars. The	1429
fire marshal may issue a temporary exhibitor's license to conduct	1430
a public fireworks exhibition on only one date to an otherwise	1431
qualified applicant for a fee of ten dollars. The temporary	1432
exhibitor's license authorizes the person to whom it is issued to	1433
conduct a public fireworks exhibition only on the date for which	1434
it is issued. The fire marshal shall prescribe a form for	1435
applications for licensure as an exhibitor of fireworks and make a	1436
copy of the form available, upon request, to persons who seek that	1437
licensure. An applicant for licensure as an exhibitor of fireworks	1438
shall be at least twenty-one years of age and be in compliance	1439
with Chapter 4123. of the Revised Code.	1440

Sec. 3743.51.  (A) If a person submits an application for	1441
licensure as an exhibitor of fireworks, together with the fee, as	1442
required by section 3743.50 of the Revised Code, the fire marshal	1443
shall review the application and determine whether the applicant	1444
satisfies sections 3743.50 to 3743.55 of the Revised Code and the	1445
rules adopted by the fire marshal pursuant to division (A) of	1446
section 3743.53 of the Revised Code.	1447

(B) The Subject to section 3743.70 of the Revised Code, the	1448
fire marshal shall issue a license pursuant to in accordance with	1449
Chapter 119. of the Revised Code to the applicant for licensure as	1450
an exhibitor of fireworks only if the applicant satisfies sections	1451
3743.50 to 3743.55 of the Revised Code and the rules adopted by	1452
the fire marshal pursuant to division (A) of section 3743.53 of	1453
the Revised Code, and only if the fire marshal is satisfied that	1454
the application is complete and in conformity with section 3743.50	1455
of the Revised Code.	1456

(C) Each license issued pursuant to this section shall	1457
contain a distinct number assigned to the particular exhibitor.	1458
The fire marshal shall maintain a list of all licensed exhibitors	1459
of fireworks. In this list next to each exhibitor's name, the	1460
fire marshal shall insert the period of licensure and the license	1461
number of the particular exhibitor.	1462

Sec. 3743.52.  (A) The license of an exhibitor of fireworks,	1463
except for a temporary license, is effective for one year from the	1464
date of its issuance by the fire marshal. If an exhibitor of	1465
fireworks wishes to continue as an exhibitor after its then	1466
effective license expires, it shall apply for a new license	1467
pursuant to section 3743.50 of the Revised Code. The fire marshal	1468
shall send a written notice of the expiration of its license to a	1469
licensed exhibitor, except for a licensed exhibitor who has been	1470
issued a temporary license, at least two months before the	1471
expiration date.	1472

(B) The license of an exhibitor of fireworks authorizes the	1473
exhibitor to conduct public fireworks exhibitions in this state if	1474
it complies with sections 3743.50 to 3743.55 of the Revised Code	1475
and with the rules adopted by the fire marshal pursuant to section	1476
3743.53 of the Revised Code.	1477

The license is not transferable or assignable, and is subject	1478
to revocation as provided in section 3743.70 of the Revised Code	1479
or pursuant to Chapter 119. of the Revised Code if the exhibitor	1480
fails to comply with sections 3743.50 to 3743.55 of the Revised	1481
Code or the rules adopted by the fire marshal pursuant to section	1482
3743.53 of the Revised Code.	1483

If the license of an exhibitor is revoked, the exhibitor	1484
shall cease conducting public fireworks exhibitions immediately.	1485
The exhibitor may not reapply for licensure as an exhibitor of	1486
fireworks until two years expire from the date of revocation. The	1487
fire marshal shall remove from the list of licensed exhibitors the	1488
exhibitor's name, and shall notify fire chiefs, fire prevention	1489
officers, and police chiefs in this state of the revocation.	1490

(C) Each licensed exhibitor of fireworks or a designee of the	1491
exhibitor, whose identity is provided to the fire marshal by the	1492
exhibitor, shall attend a continuing education program consisting	1493
of not less than six hours of instruction once every three years.	1494
The fire marshal shall develop the program and the fire marshal or	1495
a person or public agency approved by the fire marshal shall	1496
conduct it. A licensed exhibitor or the exhibitor's designee who	1497
attends a program as required under this division, within one year	1498
after attending the program, and on an annual basis during the	1499
following two years, shall conduct in-service training for other	1500
employees of the licensee regarding the information obtained in	1501
the program. A licensed exhibitor shall provide the fire marshal	1502
with certified proof of full compliance with all applicable annual	1503
training requirements of the United States department of	1504
transportation and of the occupational safety and health	1505
administration. A licensed exhibitor shall provide the fire	1506
marshal with notice of the date, time, and place of all in-service	1507
training not less than thirty days prior to an in-service training	1508
event. An individual exhibitor who has no employees shall not	1509
fulfill continuing education requirements through a designee.	1510

Sec. 3743.53.  (A) The fire marshal shall adopt rules	1511
pursuant to in accordance with Chapter 119. of the Revised Code	1512
that establish qualifications that all applicants for licensure as	1513
an exhibitor of fireworks shall satisfy. These rules shall be	1514
designed to provide a reasonable degree of assurance that	1515
individuals conducting public fireworks exhibitions in this state	1516
are proficient in handling and discharging fireworks, are capable	1517
of handling the responsibilities associated with exhibitions as	1518
prescribed by rule of the fire marshal pursuant to division (B) of	1519
this section or as prescribed by sections 3743.50 to 3743.55 of	1520
the Revised Code, and will conduct fireworks exhibitions in a	1521
manner that emphasizes the safety and security of the public. The	1522
rules shall be consistent with sections 3743.50 to 3743.55 of the	1523
Revised Code and may include, in addition to other requirements	1524
prescribed by the fire marshal, a requirement that the applicant	1525
for licensure successfully complete a written examination or	1526
otherwise successfully demonstrate its proficiency in the handling	1527
and discharging of fireworks in a safe manner and its ability to	1528
handle the responsibilities associated with exhibitions.	1529

(B) The fire marshal shall adopt rules pursuant to in	1530
accordance with Chapter 119. of the Revised Code that govern the	1531
nature and conduct of public fireworks exhibitions by licensed	1532
exhibitors of fireworks. These rules shall be designed to promote	1533
the safety and security of persons viewing a fireworks exhibition,	1534
to promote the safety of persons who, although not viewing an	1535
exhibition, could be affected by fireworks used at it, and to	1536
promote the safety and security of exhibitors and their	1537
assistants.	1538

The rules shall be consistent with sections 3743.50 to	1539
3743.55 of the Revised Code, be limited substantially equivalent	1540
to the most recent versions of chapters 1123, 1124, and 1126 of	1541
the most recent national fire protection association standards,	1542
and apply to, but not be limited to, the following subject	1543
matters:	1544

(1) The construction of shells used in a fireworks	1545
exhibition;	1546

(2) The storage and supervision of fireworks pending their	1547
use in, and during the course of, a fireworks exhibition, and	1548
inspections by exhibitors of fireworks to be used in an exhibition	1549
prior to their use. These rules shall regulate, among other	1550
relevant matters, the storage of fireworks in manners that will	1551
effectively eliminate or reduce the likelihood of the fireworks	1552
becoming wet or being exposed to flame, and appropriate distances	1553
between storage sites and the sites at which fireworks will be	1554
discharged.	1555

(3) The installation and nature of mortars used in a	1556
fireworks exhibition, and inspections by exhibitors of mortars	1557
prior to their use;	1558

(4) Minimum distances between storage sites, discharge	1559
sites, spectator viewing sites, parking areas, and potential	1560
landing areas of fireworks, and minimum distances between	1561
discharge sites, potential landing areas, and residential or other	1562
types of buildings or structures;	1563

(5) The nature of discharge sites and potential landing	1564
sites;	1565

(6) Fire protection, the use and location of monitors for	1566
crowd control, the use of fences and rope barriers for crowd	1567
control, illumination, smoking and the use of open flame, and	1568
posting of warning signs concerning smoking or the use of open	1569
flame in connection with fireworks exhibitions. These rules may	1570
provide some authority to local officials in determining adequate	1571
fire protection, and numbers and locations of monitors.	1572

(7) Procedures to be followed in the discharging of	1573
fireworks;	1574

(8) Weather and crowd-related conditions under which	1575
fireworks may and may not be discharged, including circumstances	1576
under which exhibitions should be postponed;	1577

(9) Inspections of premises following a fireworks exhibition	1578
for purposes of locating and disposing of defective or unexploded	1579
fireworks. Inspections shall be required immediately following an	1580
exhibition, and, if an exhibition is conducted at night, also at	1581
sunrise the following morning.	1582

(C) All mortars used in a fireworks exhibition that are	1583
greater than or equal to eight inches in diameter shall be	1584
equipped with electronic ignition equipment in accordance with	1585
chapter 1123 of the most recent edition of the national fire	1586
protection association standards.	1587

(D) Only persons who are employees of licensed exhibitors	1588
of fireworks and who are registered with the fire marshal under	1589
section 3743.56 of the Revised Code shall be permitted within the	1590
discharge perimeter of an exhibition.	1591

Sec. 3743.54.  (A) A licensed exhibitor of fireworks may	1592
acquire fireworks for use at a public fireworks exhibition only	1593
from a licensed manufacturer of fireworks or licensed wholesaler	1594
of fireworks, and only in accordance with the procedures specified	1595
in this section and section 3743.55 of the Revised Code. A	1596
licensed exhibitor shall not acquire, for any purpose, Class C	1597
1.4G fireworks as designated by the fire marshal in rules adopted	1598
pursuant to division (A) of section 3743.05 of the Revised Code.	1599

(B)(1) A licensed exhibitor of fireworks who wishes to	1600
conduct a public fireworks exhibition shall apply for approval to	1601
conduct the exhibition to whichever of the following persons is	1602
appropriate under the circumstances:	1603

(a) Unless division (B)(1)(c) or (d) of this section	1604
applies, if the exhibition will take place in a municipal	1605
corporation, the approval shall be obtained from the fire chief	1606
and the police chief of the particular municipal corporation;	1607

(b) Unless division (B)(1)(c) or (d) of this section	1608
applies, if the exhibition will take place in an unincorporated	1609
area, the approval shall be obtained from the fire chief of the	1610
particular township or township fire district and the police chief	1611
of the particular township or township police district;	1612

(c) If fire protection services for the premises on which	1613
the exhibition will take place are provided in accordance with a	1614
contract between political subdivisions, the approval shall be	1615
obtained from the fire chief of the political subdivision	1616
providing the fire protection services and the police chief of the	1617
political subdivision in which the premises on which the	1618
exhibition will take place are located. If police services for	1619
the premises on which the exhibition will take place are provided	1620
in accordance with a contract between political subdivisions, the	1621
approval shall be obtained from the police chief of the political	1622
subdivision providing the police services and the fire chief of	1623
the political subdivision in which the premises on which the	1624
exhibition will take place are located. If both fire and police	1625
protection services for the premises on which the exhibition will	1626
take place are provided in accordance with a contract between	1627
political subdivisions, the approval shall be obtained from the	1628
fire chief and police chief of the political subdivisions	1629
providing the police and fire protection services;	1630

(d) If there is no municipal corporation, township, or	1631
township fire district fire department, no municipal corporation,	1632
township, or township police district police department, and no	1633
contract for police or fire protection services between political	1634
subdivisions covering the premises on which the exhibition will	1635
take place, the approval shall be obtained from the fire	1636
prevention officer and law enforcement officer having jurisdiction	1637
over the premises.	1638

(2) The approval required by division (B)(1) of this section	1639
shall be evidenced by the fire chief or fire prevention officer	1640
and the police chief signing a permit for the exhibition. The fire	1641
marshal shall prescribe the form of exhibition permits and	1642
distribute copies of the form to fire chiefs, fire prevention	1643
officers, and police chiefs in this state. Any exhibitor of	1644
fireworks who wishes to conduct a public fireworks exhibition may	1645
obtain a copy of the form from the fire marshal or, if it is	1646
available, from a fire chief, fire prevention officer, or police	1647
chief.	1648

(C) Before signing a permit and issuing it to a licensed	1649
exhibitor of fireworks, a fire chief or fire prevention officer	1650
and the police chief shall inspect the premises on which the	1651
exhibition will take place and shall determine that, in fact, the	1652
applicant for the permit is a licensed exhibitor of fireworks.	1653
Each applicant shall show his the applicant's license as an	1654
exhibitor of fireworks to the fire chief or fire prevention	1655
officer and the police chief.	1656

The fire chief or fire prevention officer and the police	1657
chief shall give his approval to conduct a public fireworks	1658
exhibition only if he is satisfied, based on the inspection, that	1659
the premises on which the exhibition will be conducted allow the	1660
exhibitor to comply with the rules adopted by the fire marshal	1661
pursuant to division (B) of section 3743.53 of the Revised Code	1662
and that the applicant is, in fact, a licensed exhibitor of	1663
fireworks. The fire chief or fire prevention officer and the	1664
police chief may inspect the premises immediately prior to the	1665
exhibition to determine if the exhibitor has complied with the	1666
rules, and may revoke a permit for noncompliance with the rules.	1667

(D) If the legislative authorities of their political	1668
subdivisions have prescribed a fee for the issuance of a permit	1669
for a public fireworks exhibition, fire chiefs or fire prevention	1670
officers and police chiefs shall not issue a permit until the	1671
exhibitor pays the requisite fee.	1672

Each exhibitor shall provide an indemnity bond in the amount	1673
of at least one hundred thousand million dollars, with surety	1674
satisfactory to the fire chief or fire prevention officer and the	1675
police chief, conditioned for the payment of all final judgments	1676
that may be rendered against the exhibitor on account of injury,	1677
death, or loss to persons or property emanating from the fireworks	1678
exhibition, or proof of insurance coverage of at least one hundred	1679
thousand million dollars for liability arising from injury, death,	1680
or loss to persons or property emanating from the fireworks	1681
exhibition. The legislative authority of a political subdivision	1682
in which a public fireworks exhibition will take place may require	1683
the exhibitor to provide an indemnity bond or proof of insurance	1684
coverage in amounts greater than those required by this division.	1685
Fire chiefs or fire prevention officers and police chiefs shall	1686
not issue a permit until the exhibitor provides the bond or proof	1687
of the insurance coverage required by this division or by the	1688
political subdivision in which the fireworks exhibition will take	1689
place.	1690

(E)(1) Each permit for a fireworks exhibition issued by a	1691
fire chief or fire prevention officer and the police chief shall	1692
contain a distinct number, together with a designation of	1693
designate the municipal corporation, township, or township fire or	1694
police district of the fire chief or fire prevention officer and	1695
the police chief, and identify the certified fire safety	1696
inspector, fire chief, or fire prevention officer who will be	1697
present before, during, and after the exhibition, where	1698
appropriate. A copy of each permit issued shall be forwarded by	1699
the fire chief or fire prevention officer and the police chief	1700
issuing it to the fire marshal, who shall keep a record of the	1701
permits he receives received. A permit is not transferable or	1702
assignable.	1703

(2) Each fire chief, fire prevention officer, and police	1704
chief shall keep a record of issued permits for fireworks	1705
exhibitions. In this list, the fire chief, fire prevention	1706
officer, or police chief shall list the name of the exhibitor, his	1707
the exhibitor's license number, the premises on which the	1708
exhibition will be conducted, the date and time of the exhibition,	1709
and the number and political subdivision designation of the permit	1710
issued to the exhibitor for the exhibition.	1711

(F) The governing authority having jurisdiction in the	1712
location where an exhibition is to take place shall require that a	1713
certified fire safety inspector, fire chief, or fire prevention	1714
officer be present before, during, and after the exhibition, and	1715
shall require the certified fire safety inspector, fire chief, or	1716
fire prevention officer to inspect the premises where the	1717
exhibition is to take place and determine whether the exhibition	1718
is in compliance with this chapter.	1719

Sec. 3743.56.  Each fireworks exhibitor licensed under	1720
section 3743.51 of the Revised Code shall register with the fire	1721
marshal all employees who assist the licensed exhibitor in	1722
conducting fireworks exhibitions. The fire marshal shall maintain	1723
a record of each licensed exhibitor and registered employee and	1724
make it available, upon request, to any law enforcement agency.	1725
The fire marshal shall adopt rules that establish appropriate fees	1726
for the registration of employees of a licensed exhibitor. A	1727
licensed exhibitor shall file an application to register a new	1728
employee not later than seven days after the date on which the	1729
employee is hired.	1730

Sec. 3743.58.  The fire marshal shall adopt rules governing	1731
the transportation of fireworks on the highways of this state.	1732
These rules shall be substantially equivalent to regulations of	1733
the United States department of transportation governing the	1734
transportation of fireworks, and to the fireworks transportation	1735
provisions of the most recent versions of chapters 1123, 1124, and	1736
1126 of the most recent national fire protection association	1737
standards. Fireworks shall be transported on the highways of this	1738
state only in accordance with such rules. Such rules shall not	1739
require that shipments of fireworks required by this Chapter to be	1740
made directly out of state be made solely by common carriers	1741
licensed by the federal government. No requirements of this	1742
Chapter that fireworks be shipped or transported directly out of	1743
this state require that these shipments be made personally by the	1744
seller or solely by common carriers licensed by the federal	1745
government.	1746

Sec. 3743.59.  (A) Upon application by an affected party,	1747
the state fire marshal may grant variances from the requirements	1748
of this chapter or from the requirements of rules adopted pursuant	1749
to this chapter if he the fire marshal determines that a literal	1750
enforcement of the requirement will result in unnecessary hardship	1751
and that the variance will not be contrary to the public health,	1752
safety, or welfare. A variance shall not be granted to a person	1753
who is initially licensed as a manufacturer or wholesaler of	1754
fireworks after the effective date of this amendment June 14,	1755
1988.	1756

(B) The fire marshal may authorize a variance from the	1757
prohibitions in this chapter against the possession and use of	1758
pyrotechnic compounds to a person who submits proof that the	1759
person is certified and in good standing with the Ohio state board	1760
of education, provided that the pyrotechnic compounds are used for	1761
educational purposes only, or are used only at an authorized	1762
educational function approved by the governing board that	1763
exercises authority over the educational function.	1764

(C) The fire marshal may authorize a variance from the	1765
prohibitions in this chapter against the possession and use of	1766
pyrotechnic compounds to a person who possesses and uses the	1767
pyrotechnic compounds for personal and noncommercial purposes as a	1768
hobby. The fire marshal may rescind a variance authorized under	1769
this division at any time, exclusively at the fire marshal's	1770
discretion.	1771

Sec. 3743.60.  (A) No person shall manufacture fireworks in	1772
this state unless it is a licensed manufacturer of fireworks, and	1773
no person shall operate a fireworks plant in this state unless it	1774
has been issued a license as a manufacturer of fireworks for the	1775
particular fireworks plant.	1776

(B) No person shall operate a fireworks plant in this state	1777
after its license as a manufacturer of fireworks for the	1778
particular fireworks plant has expired, been denied renewal, or	1779
been revoked, unless a new license has been obtained.	1780

(C) No licensed manufacturer of fireworks, during the	1781
effective period of its licensure, shall construct, locate, or	1782
relocate any buildings or other structures on the premises of its	1783
fireworks plant, make any structural change or renovation in any	1784
building or other structure on the premises of its fireworks	1785
plant, or change the nature of its manufacturing of fireworks so	1786
as to include the processing of fireworks without first obtaining	1787
a written authorization from the fire marshal pursuant to division	1788
(B) of section 3743.04 of the Revised Code.	1789

(D) No licensed manufacturer of fireworks shall manufacture	1790
fireworks, possess fireworks for sale at wholesale or retail, or	1791
sell fireworks at wholesale or retail, in a manner not authorized	1792
by division (C) of section 3743.04 of the Revised Code.	1793

(E) No licensed manufacturer of fireworks shall knowingly	1794
fail to comply with the rules adopted by the fire marshal pursuant	1795
to section 3743.05 of the Revised Code or the requirements of	1796
section 3743.06 of the Revised Code.	1797

(F) No licensed manufacturer of fireworks shall fail to	1798
maintain complete inventory, wholesale sale, and retail records as	1799
required by section 3743.07 of the Revised Code, or to permit	1800
inspection of these records or the premises of a fireworks plant	1801
pursuant to section 3743.08 of the Revised Code.	1802

(G) No licensed manufacturer of fireworks shall fail to	1803
comply with an order of the fire marshal issued pursuant to	1804
division (B)(1) of section 3743.08 of the Revised Code, within the	1805
specified period of time.	1806

(H) No licensed manufacturer of fireworks shall fail to	1807
comply with an order of the fire marshal issued pursuant to	1808
division (B)(2) of section 3743.08 of the Revised Code until the	1809
nonconformities are eliminated, corrected, or otherwise remedied	1810
or the seventy-two hour period specified in that division has	1811
expired, whichever first occurs.	1812

(I) No person shall smoke or shall carry a lighted pipe,	1813
cigarette, or cigar, or a match, lighter, other flame-producing	1814
item, or open flame on, or shall carry a concealed source of	1815
ignition into, the premises of a fireworks plant, except as	1816
smoking is authorized in specified lunchrooms or restrooms by a	1817
manufacturer pursuant to division (C) of section 3743.06 of the	1818
Revised Code.	1819

(J) No person shall have in his possession or under his	1820
control of, or be under the influence of, any intoxicating liquor,	1821
beer, or controlled substance, while he is on the premises of a	1822
fireworks plant.	1823

Sec. 3743.61.  (A) No person, except a licensed manufacturer	1824
of fireworks engaging in the wholesale sale of fireworks as	1825
authorized by division (C)(2) of section 3743.04 of the Revised	1826
Code, shall operate as a wholesaler of fireworks in this state	1827
unless it is a licensed wholesaler of fireworks, or shall operate	1828
as a wholesaler of fireworks at any location in this state unless	1829
it has been issued a license as a wholesaler of fireworks for the	1830
particular location.	1831

(B) No person shall operate as a wholesaler of fireworks at	1832
a particular location in this state after its license as a	1833
wholesaler of fireworks for the particular location has expired,	1834
been denied renewal, or been revoked, unless a new license has	1835
been obtained.	1836

(C) No licensed wholesaler of fireworks, during the	1837
effective period of its licensure, shall perform any construction,	1838
or make any structural change or renovation, on the premises on	1839
which the fireworks are sold without first obtaining a written	1840
authorization from the fire marshal pursuant to division (B) of	1841
section 3743.17 of the Revised Code.	1842

(D) No licensed wholesaler of fireworks shall possess	1843
fireworks for sale at wholesale or retail, or sell fireworks at	1844
wholesale or retail, in a manner not authorized by division (C) of	1845
section 3743.17 of the Revised Code.	1846

(E) No licensed wholesaler of fireworks shall knowingly fail	1847
to comply with the rules adopted by the fire marshal pursuant to	1848
section 3743.18 or the requirements of section 3743.19 of the	1849
Revised Code.	1850

(F) No licensed wholesaler of fireworks shall fail to	1851
maintain complete inventory, wholesale sale, and retail records as	1852
required by section 3743.20 of the Revised Code, or to permit	1853
inspection of these records or the premises of the wholesaler	1854
pursuant to section 3743.21 of the Revised Code.	1855

(G) No licensed wholesaler of fireworks shall fail to comply	1856
with an order of the fire marshal issued pursuant to division	1857
(B)(1) of section 3743.21 of the Revised Code, within the	1858
specified period of time.	1859

(H) No licensed wholesaler of fireworks shall fail to comply	1860
with an order of the fire marshal issued pursuant to division	1861
(B)(2) of section 3743.21 of the Revised Code until the	1862
nonconformities are eliminated, corrected, or otherwise remedied	1863
or the seventy-two hour period specified in that division has	1864
expired, whichever first occurs.	1865

(I) No person shall smoke or shall carry a lighted pipe,	1866
cigarette, or cigar, or a match, lighter, other flame-producing	1867
item, or open flame on, or shall carry a concealed source of	1868
ignition into, the premises of a wholesaler of fireworks, except	1869
as smoking is authorized in specified lunchrooms or restrooms by a	1870
wholesaler pursuant to division (D) of section 3743.19 of the	1871
Revised Code.	1872

(J) No person shall have in his possession or under his	1873
control of, or be under the influence of, any intoxicating liquor,	1874
beer, or controlled substance, while he is on the premises of a	1875
wholesaler of fireworks.	1876

Sec. 3743.64.  (A) No person shall conduct a fireworks	1877
exhibition in this state or act as an exhibitor of fireworks in	1878
this state unless it the person is a licensed exhibitor of	1879
fireworks.	1880

(B) No person shall conduct a fireworks exhibition in this	1881
state or act as an exhibitor of fireworks in this state after its	1882
the person's license as an exhibitor of fireworks has expired,	1883
been denied renewal, or been revoked, unless a new license has	1884
been obtained.	1885

(C) No licensed exhibitor of fireworks shall fail to comply	1886
with the rules adopted by the fire marshal pursuant to division	1887
(B) of section 3743.53 of the Revised Code or to comply with	1888
divisions (C) and (D) of that section.	1889

(D) No licensed exhibitor of fireworks shall conduct a	1890
fireworks exhibition unless a permit has been secured for the	1891
exhibition pursuant to section 3743.54 of the Revised Code or if a	1892
permit so secured is revoked by a fire chief or fire prevention	1893
officer and police chief pursuant to that section.	1894

(E) No licensed exhibitor of fireworks shall acquire	1895
fireworks for use at a fireworks exhibition other than in	1896
accordance with sections 3743.54 and 3743.55 of the Revised Code.	1897

(F) No licensed exhibitor of fireworks or other person	1898
associated with the conduct of a fireworks exhibition shall have	1899
in his possession or under his control of, or be under the	1900
influence of, any intoxicating liquor, beer, or controlled	1901
substance while on the premises on which the exhibition is being	1902
conducted.	1903

(G) No licensed exhibitor of fireworks shall permit an	1904
employee to assist the licensed exhibitor in conducting fireworks	1905
exhibitions unless the employee is registered with the fire	1906
marshal under section 3743.56 of the Revised Code.	1907

Sec. 3743.65.  (A) No person shall possess fireworks in this	1908
state or shall possess for sale or sell fireworks in this state,	1909
except a licensed manufacturer of fireworks as authorized by	1910
sections 3743.02 to 3743.08 of the Revised Code, a licensed	1911
wholesaler of fireworks as authorized by sections 3743.15 to	1912
3743.21 of the Revised Code, a shipping permit holder as	1913
authorized by section 3743.40 of the Revised Code, an out-of-state	1914
resident as authorized by section 3743.44 of the Revised Code, a	1915
resident of this state as authorized by section 3743.45 of the	1916
Revised Code, or a licensed exhibitor of fireworks as authorized	1917
by sections 3743.50 to 3743.55 of the Revised Code, and except as	1918
provided in section 3743.80 of the Revised Code.	1919

(B) Except as provided in section 3743.80 of the Revised	1920
Code and except for licensed exhibitors of fireworks authorized to	1921
conduct a fireworks exhibition pursuant to sections 3743.50 to	1922
3743.55 of the Revised Code, no person shall discharge, ignite, or	1923
explode any fireworks in this state.	1924

(C) No person shall use in a theater or public hall, what is	1925
technically known as fireworks showers, or a mixture containing	1926
potassium chlorate and sulphur.	1927

(D) No person shall sell fireworks of any kind to a person	1928
under eighteen years of age.	1929

(E) No person shall advertise Class C 1.4G fireworks for	1930
sale. A sign located on a seller's premises identifying the seller	1931
as a seller of fireworks is not the advertising of fireworks for	1932
sale.	1933

(F) No person, other than a licensed manufacturer, licensed	1934
wholesaler, licensed exhibitor, or shipping permit holder, shall	1935
possess class B 1.3G fireworks in this state.	1936

(G) Except as otherwise provided in division (K) of section	1937
3743.06 and division (L) of section 3743.19 of the Revised Code,	1938
no person shall knowingly disable a fire suppression system as	1939
defined in section 3781.108 of the Revised Code on the premises of	1940
a fireworks plant of a licensed manufacturer of fireworks or on	1941
the premises of the business operations of a licensed wholesaler	1942
of fireworks.	1943

Sec. 3743.66.  (A) No person shall transport fireworks in	1944
this state except in accordance with rules adopted by the fire	1945
marshal pursuant to section 3743.58 of the Revised Code.	1946

(B) As used in this division, "fireworks" includes only	1947
Class B 1.3G and Class C 1.4G fireworks. No person shall ship	1948
fireworks into this state by mail, parcel post, or common carrier	1949
unless the person possesses a valid shipping permit issued under	1950
section 3743.40 of the Revised Code, and the fireworks are shipped	1951
directly to the holder of a license issued under section 3743.03,	1952
3743.16, or 3743.51 of the Revised Code.	1953

No person shall ship fireworks within this state by mail,	1954
parcel post, or common carrier unless the fireworks are shipped	1955
directly to the holder of a license issued under section 3743.03,	1956
3743.16, or 3743.51 of the Revised Code.	1957

Sec. 3743.68.  (A) The fire marshal, an assistant fire	1958
marshal, or a certified fire safety inspector may arrest, or may	1959
cause the arrest of, any person who whom the fire marshal,	1960
assistant fire marshal, or certified fire safety inspector finds	1961
in the act of violating, or who the fire marshal, assistant fire	1962
marshal, or certified fire safety inspector has reasonable cause	1963
to believe has violated, sections 3743.60 to 3743.66 of the	1964
Revised Code. Any arrest shall be made in accordance with	1965
statutory and constitutional provisions governing arrests by law	1966
enforcement officers.	1967

(B) If the fire marshal, an assistant fire marshal, or	1968
certified fire safety inspector has probable cause to believe that	1969
fireworks are being manufactured, sold, possessed, transported, or	1970
used in violation of this chapter, the fire marshal, assistant	1971
fire marshal, or certified fire safety inspector may seize the	1972
fireworks. Any seizure of fireworks shall be made in accordance	1973
with statutory and constitutional provisions governing searches	1974
and seizures by law enforcement officers. The fire marshal's or	1975
certified fire safety inspector's office shall impound at the site	1976
or safely keep seized fireworks pending the time they are no	1977
longer needed as evidence. A sample of the seized fireworks is	1978
sufficient for evidentiary purposes. The remainder of the seized	1979
fireworks may be disposed of pursuant to an order from a court of	1980
competent jurisdiction after notice and a hearing.	1981

Fireworks manufactured, sold, possessed, transported, or used	1982
in violation of this chapter shall be forfeited by the violator.	1983
The fire marshal's or certified fire safety inspector's office	1984
shall dispose of seized fireworks pursuant to the procedures	1985
specified in section 2933.41 of the Revised Code for the disposal	1986
of forfeited property by law enforcement agencies, and the fire	1987
marshal or that office is not liable for claims for the loss of or	1988
damages to the seized fireworks.	1989

(C) This section does not affect the authority of a peace	1990
officer, as defined in section 2935.01 of the Revised Code, to	1991
make arrests for violations of this chapter or to seize fireworks	1992
manufactured, sold, possessed, transported, or used in violation	1993
of this chapter.	1994

(D) Any fines imposed for a violation of this chapter	1995
relating to the sale, purchase, possession, or discharge of	1996
fireworks shall be distributed in the following manner if a	1997
municipal corporation, county, or township either filed or	1998
enforced the complaint regarding the violation. One-half of the	1999
amount of the fine shall be distributed to the municipal	2000
corporation, county, or township which filed the complaint	2001
regarding the violation and one-half of the amount of the fine	2002
shall be distributed to the municipal corporation, county, or	2003
township which enforced the complaint. If the same municipal	2004
corporation, county, or township both filed the complaint	2005
regarding the violation and enforced the complaint, the entire	2006
amount of the fine shall be distributed to that municipal	2007
corporation, county, or township.	2008

Sec. 3743.70.  The fire marshal shall not issue an initial	2009
license or permit under this chapter on or after the effective	2010
date of this section if the applicant for the license or permit,	2011
or any individual holding, owning, or controlling a five per cent	2012
or greater beneficial or equity interest in the applicant for the	2013
license or permit, has been convicted of or pleaded guilty to a	2014
felony under the laws of this state, another state, or the United	2015
States. The fire marshal shall revoke or deny renewal of a	2016
license or permit first issued under this chapter on or after the	2017
effective date of this section if the holder of the license or	2018
permit, or any individual holding, owning, or controlling a five	2019
per cent or greater beneficial or equity interest in the holder of	2020
the license or permit, is convicted of or pleads guilty to a	2021
felony under the laws of this state, another state, or the United	2022
States.	2023

Sec. 3743.80.  This chapter does not prohibit or apply to the	2024
following:	2025

(A) The manufacture, sale, possession, transportation,	2026
storage, or use in emergency situations, of pyrotechnic signaling	2027
devices and distress signals for marine, aviation, or highway use;	2028

(B) The manufacture, sale, possession, transportation,	2029
storage, or use of fusees, torpedos torpedoes, or other signals	2030
necessary for the safe operation of railroads;	2031

(C) The manufacture, sale, possession, transportation,	2032
storage, or use of blank cartridges in connection with theaters or	2033
shows, or in connection with athletics as signals or for	2034
ceremonial purposes;	2035

(D) The manufacture for, the transportation, storage,	2036
possession, or use by, or sale to the armed forces of the United	2037
States and the militia of this state of pyrotechnic devices;	2038

(E) The manufacture, sale, possession, transportation,	2039
storage, or use of toy pistols, toy canes, toy guns, or other	2040
devices in which paper or plastic caps containing twenty-five	2041
hundredths grains or less of explosive material are used, provided	2042
that they are constructed so that a hand cannot come into contact	2043
with a cap when it is in place for explosion, or apply to the	2044
manufacture, sale, possession, transportation, storage, or use of	2045
those caps;	2046

(F) The manufacture, sale, possession, transportation,	2047
storage, or use of novelties and trick noisemakers, auto burglar	2048
alarms, or model rockets and model rocket motors designed, sold,	2049
and used for the purpose of propelling recoverable aero models;	2050

(G) The manufacture, sale, possession, transportation,	2051
storage, or use of wire sparklers on a wire stick, as this term is	2052
defined in the regulations of the United States department of	2053
transportation.	2054

(H) The conduct of radio-controlled special effect	2055
exhibitions that use an explosive black powder charge of not more	2056
than one-quarter pound per charge, and that are not connected in	2057
any manner to propellant charges, provided that the exhibition	2058
complies with all of following:	2059

(1) No explosive aerial display is conducted in the	2060
exhibition;	2061

(2) The exhibition is separated from spectators by not less	2062
than two hundred feet;	2063

(3) The person conducting the exhibition complies with	2064
regulations of the bureau of alcohol, tobacco, and firearms of the	2065
United States department of the treasury and the United States	2066
department of transportation with respect to the storage and	2067
transport of the explosive black powder used in the exhibition.	2068

Sec. 3743.99.  (A) Whoever violates division (A) or (B) of	2069
section 3743.60 of the Revised Code is guilty of a felony of the	2070
third degree.	2071

(B) Whoever violates division (C) or (D) of section 3743.60,	2072
division (A), (B), (C), or (D) of section 3743.61, or division (A)	2073
or (B) of section 3743.64 of the Revised Code is guilty of a	2074
felony of the fourth degree.	2075

(C) Whoever violates division (E), (F), (G), (H), (I), or	2076
(J) of section 3743.60, division (E), (F), (G), (H), (I), or (J)	2077
of section 3743.61, section 3743.63, division (C), (D), (E), or	2078
(F), or (G) of section 3743.64, division (A), (B), (C), (D), or	2079
(F) of section 3743.65, or section 3743.66 of the Revised Code is	2080
guilty of a misdemeanor of the first degree. If the offender	2081
previously has been convicted of or pleaded guilty to a violation	2082
of division (I) of section 3743.60 or 3743.61 of the Revised Code,	2083
a violation of either of these divisions is a felony of the fifth	2084
degree.	2085

(D) Whoever violates division (G) of section 3743.65 of the	2086
Revised Code is guilty of a felony of the fifth degree.	2087

Section 2. That existing sections 3743.01, 3743.02, 3743.03,	2088
3743.04, 3743.05, 3743.06, 3743.07, 3743.08, 3743.15, 3743.16,	2089
3743.17, 3743.18, 3743.19, 3743.20, 3743.21, 3743.40, 3743.44,	2090
3743.45, 3743.50, 3743.51, 3743.52, 3743.53, 3743.54, 3743.58,	2091
3743.59, 3743.60, 3743.61, 3743.64, 3743.65, 3743.66, 3743.68,	2092
3743.80, and 3743.99 of the Revised Code are hereby repealed.	2093

Section 3. That sections 3743.01, 3743.50, 3743.52, 3743.53,	2094
3743.54, 3743.64, and 3743.99 be further amended, that sections	2095
3743.56 and 3743.57 be amended, and that sections 3743.541 and	2096
3743.75 of the Revised Code be enacted to read as follows:	2097

Sec. 3743.01.  As used in this chapter:

2098

(A) "Beer" and "intoxicating liquor" have the same meanings	2099
as in section 4301.01 of the Revised Code.	2100

(B) "Booby trap" means a small tube that has a string	2101
protruding from both ends, that has a friction-sensitive	2102
composition, and that is ignited by pulling the ends of the	2103
string.	2104

(C) "Cigarette load" means a small wooden peg that is coated	2105
with a small quantity of explosive composition and that is ignited	2106
in a cigarette.	2107

(D)(1) "1.3G fireworks" means display fireworks consistent	2108
with regulations of the United States department of transportation	2109
as expressed using the designation "division 1.3" in Title 49,	2110
Code of Federal Regulations.	2111

(2) "1.4G fireworks" means consumer fireworks consistent	2112
with regulations of the United States department of transportation	2113
as expressed using the designation "division 1.4" in Title 49,	2114
Code of Federal Regulations.	2115

(E) "Controlled substance" has the same meaning as in	2116
section 3719.01 of the Revised Code.	2117

(F) "Fireworks" means any composition or device prepared for	2118
the purpose of producing a visible or an audible effect by	2119
combustion, deflagration, or detonation, except ordinary matches	2120
and except as provided in section 3743.80 of the Revised Code.	2121

(G) "Fireworks plant" means all buildings and other	2122
structures in which the manufacturing of fireworks, or the storage	2123
or sale of manufactured fireworks by a manufacturer, takes place.	2124

(H) "Highway" means any public street, road, alley, way,	2125
lane, or other public thoroughfare.	2126

(I) "Licensed exhibitor of fireworks" or "licensed	2127
exhibitor" means a person licensed pursuant to sections 3743.50 to	2128
3743.55 of the Revised Code.	2129

(J) "Licensed manufacturer of fireworks" or "licensed	2130
manufacturer" means a person licensed pursuant to sections 3743.02	2131
to 3743.08 of the Revised Code.	2132

(K) "Licensed wholesaler of fireworks" or "licensed	2133
wholesaler" means a person licensed pursuant to sections 3743.15	2134
to 3743.21 of the Revised Code.	2135

(L) "List of licensed exhibitors" means the list required by	2136
division (C) of section 3743.51 of the Revised Code.	2137

(M) "List of licensed manufacturers" means the list required	2138
by division (C) of section 3743.03 of the Revised Code.	2139

(N) "List of licensed wholesalers" means the list required	2140
by division (C) of section 3743.16 of the Revised Code.	2141

(O) "Manufacturing of fireworks" means the making of	2142
fireworks from raw materials, none of which in and of themselves	2143
constitute a fireworks, or the processing of fireworks.	2144

(P) "Navigable waters" means any body of water susceptible	2145
of being used in its ordinary condition as a highway of commerce	2146
over which trade and travel is or may be conducted in the	2147
customary modes, but does not include a body of water that is not	2148
capable of navigation by barges, tugboats, and other large	2149
vessels.	2150

(Q) "Novelties and trick noisemakers" include the following	2151
items:	2152

(1) Devices that produce a small report intended to surprise	2153
the user, including, but not limited to, booby traps, cigarette	2154
loads, party poppers, and snappers;	2155

(2) Snakes or glow worms;

2156

(3) Smoke devices;

2157

(4) Trick matches.

2158

(R) "Party popper" means a small plastic or paper item that	2159
contains not more than sixteen milligrams of friction-sensitive	2160
explosive composition, that is ignited by pulling a string	2161
protruding from the item, and from which paper streamers are	2162
expelled when the item is ignited.	2163

(S) "Processing of fireworks" means the making of fireworks	2164
from materials all or part of which in and of themselves	2165
constitute a fireworks, but does not include the mere packaging or	2166
repackaging of fireworks.	2167

(T) "Railroad" means any railway or railroad that carries	2168
freight or passengers for hire, but does not include auxiliary	2169
tracks, spurs, and sidings installed and primarily used in serving	2170
a mine, quarry, or plant.	2171

(U) "Retail sale" or "sell at retail" means a sale of	2172
fireworks to a purchaser who intends to use the fireworks, and not	2173
resell them.	2174

(V) "Smoke device" means a tube or sphere that contains	2175
pyrotechnic composition that, upon ignition, produces white or	2176
colored smoke as the primary effect.	2177

(W) "Snake or glow worm" means a device that consists of a	2178
pressed pellet of pyrotechnic composition that produces a large,	2179
snake-like ash upon burning, which ash expands in length as the	2180
pellet burns.	2181

(X) "Snapper" means a small, paper-wrapped item that	2182
contains a minute quantity of explosive composition coated on	2183
small bits of sand, and that, when dropped, implodes.	2184

(Y) "Trick match" means a kitchen or book match that is	2185
coated with a small quantity of explosive composition and that,	2186
upon ignition, produces a small report or a shower of sparks.	2187

(Z) "Wire sparkler" means a sparkler consisting of a wire or	2188
stick coated with a nonexplosive pyrotechnic mixture that produces	2189
a shower of sparks upon ignition and that contains no more than	2190
one hundred grams of this mixture.	2191

(AA) "Wholesale sale" or "sell at wholesale" means a sale of	2192
fireworks to a purchaser who intends to resell the fireworks so	2193
purchased.	2194

(BB) "Licensed premises" means the real estate upon which a	2195
licensed manufacturer or wholesaler of fireworks conducts	2196
business.	2197

(CC) "Licensed building" means a building on the licensed	2198
premises of a licensed manufacturer or wholesaler of fireworks	2199
that is approved for occupancy by the building official having	2200
jurisdiction.	2201

(DD) "Fireworks incident" means any action or omission that	2202
occurs at a fireworks exhibition, that results in injury or death,	2203
or a substantial risk of injury or death, to any person, and that	2204
involves either of the following:	2205

(1) The handling or other use, or the results of the	2206
handling or other use, of fireworks or associated equipment or	2207
other materials;	2208

(2) The failure of any person to comply with any applicable	2209
requirement imposed by this chapter or any applicable rule adopted	2210
under this chapter.	2211

(EE) "Discharge site" means an area immediately surrounding	2212
the mortars used to fire aerial shells.	2213

(FF) "Fireworks incident site" means a discharge site or	2214
other location at a fireworks exhibition where a fireworks	2215
incident occurs, a location where an injury or death associated	2216
with a fireworks incident occurs, or a location where evidence of	2217
a fireworks incident or an injury or death associated with a	2218
fireworks incident is found.	2219

Sec. 3743.50.  Any person who wishes to be an exhibitor of	2220
fireworks in this state shall submit to the fire marshal an	2221
application for licensure as an exhibitor of fireworks. Except as	2222
otherwise provided in this section, the The application shall be	2223
on a form prescribed by the fire marshal, contain all information	2224
requested by the fire marshal, and be accompanied by a fee of one	2225
hundred fifty dollars, except that the application of an applicant	2226
who is employed by a licensed manufacturer or wholesaler of	2227
fireworks shall be accompanied by a fee of fifty dollars. The	2228
fire marshal shall prescribe a form for applications for licensure	2229
as an exhibitor of fireworks and make a copy of the form	2230
available, upon request, to persons who seek that licensure. An	2231
applicant for licensure as an exhibitor of fireworks shall be at	2232
least twenty-one years of age and be in compliance with Chapter	2233
4123. of the Revised Code.	2234

Sec. 3743.52.  (A) The license of an exhibitor of fireworks	2235
is effective for one year from the date of its issuance by the	2236
fire marshal. If an exhibitor of fireworks wishes to continue as	2237
an exhibitor after its then effective license expires, it shall	2238
apply for a new license pursuant to section 3743.50 of the Revised	2239
Code. The fire marshal shall send a written notice of the	2240
expiration of its license to a licensed exhibitor at least two	2241
months before the expiration date.	2242

(B) The license of an exhibitor of fireworks authorizes the	2243
exhibitor to conduct public fireworks exhibitions in this state if	2244
it complies with sections 3743.50 to 3743.55 of the Revised Code	2245
and with the rules adopted by the fire marshal pursuant to section	2246
3743.53 of the Revised Code.	2247

The license is not transferable or assignable, and is subject	2248
to revocation as provided in section 3743.70 or division (D) of	2249
section 3743.99 of the Revised Code or pursuant to Chapter 119. of	2250
the Revised Code if the exhibitor fails to comply with sections	2251
3743.50 to 3743.55 of the Revised Code or the rules adopted by the	2252
fire marshal pursuant to section 3743.53 of the Revised Code.	2253

If the license of an exhibitor is revoked, the exhibitor	2254
shall cease conducting public fireworks exhibitions immediately.	2255
The Subject to division (D) of section 3743.99 of the Revised	2256
Code, the exhibitor may not reapply for licensure as an exhibitor	2257
of fireworks until two years expire from the date of revocation.	2258
The fire marshal shall remove from the list of licensed exhibitors	2259
the exhibitor's name, and shall notify fire chiefs, fire	2260
prevention officers, and police chiefs or other similar chief law	2261
enforcement officers of municipal corporations, townships, or	2262
township police districts in this state of the revocation.	2263

(C) Each licensed exhibitor of fireworks or a designee of	2264
the exhibitor, whose identity is provided to the fire marshal by	2265
the exhibitor, shall attend a continuing education program	2266
consisting of not less than six hours of instruction once every	2267
three years. The fire marshal shall develop the program, and the	2268
fire marshal or a person or public agency approved by the fire	2269
marshal shall conduct it. A licensed exhibitor or the exhibitor's	2270
designee who attends a program as required under this division,	2271
within one year after attending the program, and on an annual	2272
basis during the following two years, shall conduct in-service	2273
training for other employees of the licensee regarding the	2274
information obtained in the program. A licensed exhibitor shall	2275
provide the fire marshal with certified proof of full compliance	2276
with all applicable annual training requirements of the United	2277
States department of transportation and of the occupational safety	2278
and health administration. A licensed exhibitor shall provide the	2279
fire marshal with notice of the date, time, and place of all	2280
in-service training not less than thirty days prior to an	2281
in-service training event. An individual exhibitor who has no	2282
employees shall not fulfill continuing education requirements	2283
through a designee.	2284

Sec. 3743.53.  (A) The fire marshal shall adopt rules in	2285
accordance with Chapter 119. of the Revised Code that establish	2286
qualifications that all applicants for licensure as an exhibitor	2287
of fireworks shall satisfy. These rules shall be designed to	2288
provide a reasonable degree of assurance that individuals	2289
conducting public fireworks exhibitions in this state are	2290
proficient in handling and discharging fireworks, are capable of	2291
handling the responsibilities associated with exhibitions as	2292
prescribed by rule of the fire marshal pursuant to divisions (B)	2293
and (E) of this section or as prescribed by sections 3743.50 to	2294
3743.55 of the Revised Code, and will conduct fireworks	2295
exhibitions in a manner that emphasizes the safety and security of	2296
the public. The rules shall be consistent with sections 3743.50	2297
to 3743.55 of the Revised Code and may include, in addition to	2298
other requirements prescribed by the fire marshal, a requirement	2299
that the applicant for licensure successfully complete a written	2300
examination or otherwise successfully demonstrate its proficiency	2301
in the handling and discharging of fireworks in a safe manner and	2302
its ability to handle the responsibilities associated with	2303
exhibitions.	2304

(B) The fire marshal shall adopt rules in accordance with	2305
Chapter 119. of the Revised Code that govern the nature and	2306
conduct of public fireworks exhibitions by licensed exhibitors of	2307
fireworks. These rules shall be designed to promote the safety	2308
and security of persons viewing a fireworks exhibition, to promote	2309
the safety of persons who, although not viewing an exhibition,	2310
could be affected by fireworks used at it, and to promote the	2311
safety and security of exhibitors and their assistants.	2312

The rules shall be consistent with sections 3743.50 to	2313
3743.55 of the Revised Code; except as otherwise provided in this	2314
section, shall be substantially equivalent to the most recent	2315
versions of chapters 1123, 1124, and 1126 of the most recent	2316
national fire protection association standards; and shall apply	2317
to, but not be limited to, the following subject matters:	2318

(1) The construction of shells used in a fireworks	2319
exhibition;	2320

(2) Except as the storage and securing of fireworks is	2321
addressed by the rules adopted under division (E) of this section,	2322
the storage, securing, and supervision of fireworks pending their	2323
use in, and during the course of, a fireworks exhibition, and	2324
inspections by exhibitors of fireworks to be used in an exhibition	2325
prior to their use. These rules shall regulate, among other	2326
relevant matters, the storage of fireworks in manners that will	2327
effectively eliminate or reduce the likelihood of the fireworks	2328
becoming wet or being exposed to flame, and appropriate distances	2329
between storage sites and the sites at which fireworks will be	2330
discharged.	2331

(3) The installation and nature of mortars used in a	2332
fireworks exhibition, and inspections by exhibitors of mortars	2333
prior to their use;	2334

(4) Minimum distances between storage sites, discharge	2335
sites, spectator viewing sites, parking areas, and potential	2336
landing areas of fireworks, and minimum distances between	2337
discharge sites, potential landing areas, and residential or other	2338
types of buildings or structures;	2339

(5) The nature of discharge sites and potential landing	2340
sites;	2341

(6) Fire protection, the use and location of monitors for	2342
crowd control, the use of fences and rope barriers for crowd	2343
control, illumination, smoking and the use of open flame, and	2344
posting of warning signs concerning smoking or the use of open	2345
flame in connection with fireworks exhibitions. These rules may	2346
provide some authority to local officials in determining adequate	2347
fire protection, and numbers and locations of monitors.	2348

(7) Procedures to be followed in the discharging of	2349
fireworks;	2350

(8) Weather and crowd-related conditions under which	2351
fireworks may and may not be discharged, including circumstances	2352
under which exhibitions should be postponed;	2353

(9) Inspections of premises following a fireworks exhibition	2354
for purposes of locating and disposing of defective or unexploded	2355
fireworks. Inspections shall be required immediately following an	2356
exhibition, and, if an exhibition is conducted at night, also at	2357
sunrise the following morning.	2358

(C) All mortars used in a fireworks exhibition that are	2359
greater than or equal to eight inches in diameter shall be	2360
equipped with electronic ignition equipment in accordance with	2361
chapter 1123 of the most recent edition of the national fire	2362
protection association standards.	2363

(D) Only persons who are employees of licensed exhibitors of	2364
fireworks and who are registered with the fire marshal under	2365
section 3743.56 of the Revised Code shall be permitted within the	2366
discharge perimeter of an exhibition.	2367

(E)(1) The fire marshal shall adopt rules in accordance with	2368
Chapter 119. of the Revised Code and consistent with division	2369
(E)(3) of this section that establish both of the following:	2370

(a) Uniform standards for the stability and securing of	2371
fireworks storage racks used at a fireworks exhibition;	2372

(b) A detailed checklist that a fire chief or fire	2373
prevention officer, in consultation with a police chief or other	2374
similar chief law enforcement officer of a municipal corporation,	2375
township, or township police district or with a designee of such a	2376
police chief or other similar chief law enforcement officer, shall	2377
complete, while conducting the inspection required under division	2378
(C) of section 3743.54 of the Revised Code at the premises at	2379
which a fireworks exhibition will take place, to ensure that the	2380
exhibition will comply with all applicable requirements of this	2381
chapter, and all applicable rules adopted under this chapter, that	2382
regulate the conduct of a fireworks exhibition.	2383

(2) Each licensed exhibitor of fireworks shall comply with	2384
the rules that the fire marshal adopts under division (E)(1)(a) of	2385
this section.	2386

(3) Prior to the fire marshal's adoption of the rules	2387
referred to in divisions (E)(1)(a) and (b) of this section, the	2388
director of commerce shall appoint a committee consisting of the	2389
fire marshal, three representatives of the fireworks industry, and	2390
three representatives of the fire service industry to assist the	2391
fire marshal in adopting those rules. The fire marshal shall	2392
adopt initial rules under those divisions by not later than May 1,	2393
2001.	2394

(F) A fire chief or fire prevention officer, in consultation	2395
with a police chief or other similar chief law enforcement officer	2396
of a municipal corporation, township, or township police district	2397
or with a designee of such a police chief or other similar chief	2398
law enforcement officer, shall conduct the inspection referred to	2399
in division (E)(1)(b) of this section, complete the checklist	2400
referred to in division (E)(1)(b) of this section while conducting	2401
the inspection, and provide a copy of the completed checklist to	2402
the fire marshal.	2403

(G) A designee, if any, designated by a police chief or	2404
other similar chief law enforcement officer under this section or	2405
section 3743.54 of the Revised Code shall be a law enforcement	2406
officer serving in the same law enforcement agency as the police	2407
chief or other similar chief law enforcement officer.	2408

Sec. 3743.54.  (A) A licensed exhibitor of fireworks may	2409
acquire fireworks for use at a public fireworks exhibition only	2410
from a licensed manufacturer of fireworks or licensed wholesaler	2411
of fireworks, and only in accordance with the procedures specified	2412
in this section and section 3743.55 of the Revised Code. A	2413
licensed exhibitor shall not acquire, for any purpose, 1.4G	2414
fireworks as designated by the fire marshal in rules adopted	2415
pursuant to division (A) of section 3743.05 of the Revised Code.	2416

(B)(1) A licensed exhibitor of fireworks who wishes to	2417
conduct a public fireworks exhibition shall apply for approval to	2418
conduct the exhibition to whichever of the following persons is	2419
appropriate under the circumstances:	2420

(a) Unless division (B)(1)(c) or (d) of this section	2421
applies, if the exhibition will take place in a municipal	2422
corporation, the approval shall be obtained from the fire chief,	2423
and from the police chief or other similar chief law enforcement	2424
officer, or the designee of the police chief or similar chief law	2425
enforcement officer, of the particular municipal corporation.	2426

(b) Unless division (B)(1)(c) or (d) of this section	2427
applies, if the exhibition will take place in an unincorporated	2428
area, the approval shall be obtained from the fire chief of the	2429
particular township or township fire district, and from the police	2430
chief or other similar chief law enforcement officer, or the	2431
designee of the police chief or similar chief law enforcement	2432
officer, of the particular township or township police district.	2433

(c) If fire protection services for the premises on which	2434
the exhibition will take place are provided in accordance with a	2435
contract between political subdivisions, the approval shall be	2436
obtained from the fire chief of the political subdivision	2437
providing the fire protection services and from the police chief	2438
or other similar chief law enforcement officer, or the designee of	2439
the police chief or similar chief law enforcement officer, of the	2440
political subdivision in which the premises on which the	2441
exhibition will take place are located. If police services for	2442
the premises on which the exhibition will take place are provided	2443
in accordance with a contract between political subdivisions, the	2444
approval shall be obtained from the police chief or other similar	2445
chief law enforcement officer, or the designee of the police chief	2446
or similar chief law enforcement officer, of the political	2447
subdivision providing the police services and from the fire chief	2448
of the political subdivision in which the premises on which the	2449
exhibition will take place are located. If both fire and police	2450
protection services for the premises on which the exhibition will	2451
take place are provided in accordance with a contract between	2452
political subdivisions, the approval shall be obtained from the	2453
fire chief, and from the police chief or other similar chief law	2454
enforcement officer, or the designee of the police chief or	2455
similar chief law enforcement officer, of the political	2456
subdivisions providing the police and fire protection services.	2457

(d) If there is no municipal corporation, township, or	2458
township fire district fire department, no municipal corporation,	2459
township, or township police district police department, and no	2460
contract for police or fire protection services between political	2461
subdivisions covering the premises on which the exhibition will	2462
take place, the approval shall be obtained from the fire	2463
prevention officer, and from the police chief or other similar	2464
chief law enforcement officer, or the designee of the police chief	2465
or other similar chief law enforcement officer, having	2466
jurisdiction over the premises.	2467

(2) The approval required by division (B)(1) of this section	2468
shall be evidenced by the fire chief or fire prevention officer	2469
and by the police chief or other similar chief law enforcement	2470
officer, or the designee of the police chief or other similar	2471
chief law enforcement officer, signing a permit for the	2472
exhibition. The fire marshal shall prescribe the form of	2473
exhibition permits and distribute copies of the form to fire	2474
chiefs, to fire prevention officers, and to police chiefs or other	2475
similar chief law enforcement officers of municipal corporations,	2476
townships, or township police districts, or their designees, in	2477
this state. Any exhibitor of fireworks who wishes to conduct a	2478
public fireworks exhibition may obtain a copy of the form from the	2479
fire marshal or, if it is available, from a fire chief, a fire	2480
prevention officer, or a police chief or other similar chief law	2481
enforcement officer of a municipal corporation, township, or	2482
township police district, or a designee of such a police chief or	2483
other similar chief law enforcement officer.	2484

(C) Before a permit is signed and issued to a licensed	2485
exhibitor of fireworks, the fire chief or fire prevention officer,	2486
in consultation with the police chief or other similar chief law	2487
enforcement officer or with the designee of the police chief or	2488
other similar chief law enforcement officer, shall inspect the	2489
premises on which the exhibition will take place and shall	2490
determine that, in fact, the applicant for the permit is a	2491
licensed exhibitor of fireworks. Each applicant shall show the	2492
applicant's license as an exhibitor of fireworks to the fire chief	2493
or fire prevention officer.	2494

The fire chief or fire prevention officer, and the police	2495
chief or other similar chief law enforcement officer, or the	2496
designee of the police chief or other similar chief law	2497
enforcement officer, shall give approval to conduct a public	2498
fireworks exhibition only if satisfied, based on the inspection,	2499
that the premises on which the exhibition will be conducted allow	2500
the exhibitor to comply with the rules adopted by the fire marshal	2501
pursuant to divisions (B) and (E) of section 3743.53 of the	2502
Revised Code and that the applicant is, in fact, a licensed	2503
exhibitor of fireworks. The fire chief or fire prevention	2504
officer, in consultation with the police chief or other similar	2505
chief law enforcement officer or with the designee of the police	2506
chief or other similar chief law enforcement officer, may inspect	2507
the premises immediately prior to the exhibition to determine if	2508
the exhibitor has complied with the rules, and may revoke a permit	2509
for noncompliance with the rules.	2510

(D) If the legislative authorities of their political	2511
subdivisions have prescribed a fee for the issuance of a permit	2512
for a public fireworks exhibition, fire chiefs or fire prevention	2513
officers, and police chiefs, other similar chief law enforcement	2514
officers, or their designee, shall not issue a permit until the	2515
exhibitor pays the requisite fee.	2516

Each exhibitor shall provide an indemnity bond in the amount	2517
of at least one million dollars, with surety satisfactory to the	2518
fire chief or fire prevention officer and to the police chief or	2519
other similar chief law enforcement officer, or the designee of	2520
the police chief or other similar chief law enforcement officer,	2521
conditioned for the payment of all final judgments that may be	2522
rendered against the exhibitor on account of injury, death, or	2523
loss to persons or property emanating from the fireworks	2524
exhibition, or proof of insurance coverage of at least one million	2525
dollars for liability arising from injury, death, or loss to	2526
persons or property emanating from the fireworks exhibition. The	2527
legislative authority of a political subdivision in which a public	2528
fireworks exhibition will take place may require the exhibitor to	2529
provide an indemnity bond or proof of insurance coverage in	2530
amounts greater than those required by this division. Fire chiefs	2531
or fire prevention officers, and police chiefs, other similar	2532
chief law enforcement officers, or their designee, shall not issue	2533
a permit until the exhibitor provides the bond or proof of the	2534
insurance coverage required by this division or by the political	2535
subdivision in which the fireworks exhibition will take place.	2536

(E)(1) Each permit for a fireworks exhibition issued by a	2537
fire chief or fire prevention officer, and by the police chief or	2538
other similar chief law enforcement officer, or the designee of	2539
the police chief or other similar chief law enforcement officer,	2540
shall contain a distinct number, designate the municipal	2541
corporation, township, or township fire or police district of the	2542
fire chief or, fire prevention officer and the, police chief or	2543
other similar chief law enforcement officer, or designee of the	2544
police chief or other similar chief law enforcement officer, and	2545
identify the certified fire safety inspector, fire chief, or fire	2546
prevention officer who will be present before, during, and after	2547
the exhibition, where appropriate. A copy of each permit issued	2548
shall be forwarded by the fire chief or fire prevention officer,	2549
and by the police chief or other similar chief law enforcement	2550
officer, or the designee of the police chief or other similar	2551
chief law enforcement officer, issuing it to the fire marshal, who	2552
shall keep a record of the permits received. A permit is not	2553
transferable or assignable.	2554

(2) Each fire chief, fire prevention officer, and police	2555
chief or other similar chief law enforcement officer, and designee	2556
of a police chief or other similar chief law enforcement officer	2557
shall keep a record of issued permits for fireworks exhibitions.	2558
In this list, the fire chief, fire prevention officer, or police	2559
chief or other similar chief law enforcement officer, and designee	2560
of a police chief or other similar chief law enforcement officer	2561
shall list the name of the exhibitor, the exhibitor's license	2562
number, the premises on which the exhibition will be conducted,	2563
the date and time of the exhibition, and the number and political	2564
subdivision designation of the permit issued to the exhibitor for	2565
the exhibition.	2566

(F) The governing authority having jurisdiction in the	2567
location where an exhibition is to take place shall require that a	2568
certified fire safety inspector, fire chief, or fire prevention	2569
officer be present before, during, and after the exhibition, and	2570
shall require the certified fire safety inspector, fire chief, or	2571
fire prevention officer to inspect the premises where the	2572
exhibition is to take place and determine whether the exhibition	2573
is in compliance with this chapter.	2574

Sec. 3743.541. (A) The appropriate certified fire safety	2575
inspector, fire chief, or fire prevention officer or appropriate	2576
state or local law enforcement authority with jurisdiction over a	2577
fireworks incident site shall immediately notify the state fire	2578
marshal, the state fire marshal's designee, or a member of the	2579
state fire marshal's staff regarding the occurrence of the	2580
fireworks incident and the location of the fireworks incident	2581
site.	2582

(B) At any time after a fireworks incident occurs, unless	2583
the fire marshal otherwise delegates the fire marshal's authority	2584
to the appropriate state or local law enforcement authority with	2585
jurisdiction over the fireworks incident site, the fire marshal,	2586
the fire marshal's designee, or a member of the fire marshal's	2587
staff shall supervise and coordinate the investigation of the	2588
fireworks incident and supervise any dismantling, repositioning,	2589
or other disturbance of fireworks, associated equipment or other	2590
materials, or other items within the fireworks incident site or of	2591
any evidence related to the fireworks incident.	2592

(C) A state or local law enforcement officer, certified	2593
fire safety inspector, fire chief, or fire prevention officer, or	2594
any person authorized and supervised by a state or local law	2595
enforcement officer, certified fire safety inspector, fire chief,	2596
or fire prevention officer, prior to the arrival of the fire	2597
marshal, the fire marshal's designee, or a member of the fire	2598
marshal's staff at a fireworks incident site, may dismantle,	2599
reposition, or move any fireworks, any associated equipment or	2600
other materials, or any other items found within the site or any	2601
evidence related to the fireworks incident only as necessary to	2602
prevent an imminent fire, imminent explosion, or similar threat of	2603
additional injury or death to any member of the public at the	2604
site.	2605

Sec. 3743.56.  Each fireworks exhibitor licensed under	2606
section 3743.51 of the Revised Code shall register annually with	2607
the fire marshal all employees who assist the licensed exhibitor	2608
in conducting fireworks exhibitions. Once registered, such an	2609
employee may be employed by any other licensed fireworks	2610
exhibitor, without the need for that other licensed exhibitor to	2611
register the employee with the fire marshal. The fire marshal	2612
shall maintain a record of each licensed exhibitor exhibitors and	2613
registered employee employees and make it available, upon request,	2614
to any law enforcement agency. The	2615

The fire marshal shall adopt rules under Chapter 119. of the	2616
Revised Code that establish appropriate fees for the registration	2617
of employees of a licensed exhibitor exhibitors and otherwise	2618
implement this section. A	2619

In addition to the annual registration of employees required	2620
by this section, a licensed exhibitor shall file an application to	2621
register a new employee, unless the new employee is already	2622
registered under this section, not later than seven days after the	2623
date on which the employee is hired.	2624

Sec. 3743.57.  (A) All fees collected by the fire marshal	2625
for licenses or permits issued pursuant to this chapter shall be	2626
deposited into the state fire marshal's fund, and interest earned	2627
on the amounts in the fund shall be credited by the treasurer of	2628
state to the fund.	2629

(B) There is hereby established in the state treasury the	2630
fire marshal's fireworks training and education fund. The fire	2631
marshal shall deposit all assessments paid under this division	2632
into the state treasury to the credit of the fire marshal's	2633
fireworks training and education fund. Each fireworks	2634
manufacturer and fireworks wholesaler licensed under this chapter	2635
shall pay assessments to the fire marshal for deposit into the	2636
fund as required by this division.	2637

The fire marshal shall impose an initial assessment upon each	2638
licensed fireworks manufacturer and wholesaler in order to	2639
establish a fund balance of ten fifteen thousand dollars. The	2640
fund balance shall at no time exceed ten fifteen thousand dollars,	2641
and the fire marshal shall impose no further assessments unless	2642
the fund balance is reduced to five thousand dollars or less. If	2643
the fund balance is reduced to five thousand dollars or less, the	2644
fire marshal shall impose an additional assessment upon each	2645
licensed fireworks manufacturer and wholesaler in order to	2646
increase the fund balance to ten fifteen thousand dollars. The	2647
fire marshal shall determine the amount of the initial assessment	2648
on each manufacturer or wholesaler and each additional assessment	2649
by dividing the total amount needed to be paid into the fund by	2650
the total number of fireworks manufacturers and wholesalers	2651
licensed under this chapter. If a licensed fireworks manufacturer	2652
or wholesaler fails to pay an assessment required by this division	2653
within thirty days after receiving notice of the assessment, the	2654
fire marshal, in accordance with Chapter 119. of the Revised Code,	2655
may refuse to issue, or may revoke, the appropriate license.	2656

The fire marshal shall in his the fire marshal's discretion	2657
use amounts in the fire marshal's fireworks training and education	2658
fund for fireworks training and education purposes, including, but	2659
not limited to, the creation of educational and training programs,	2660
attendance by the fire marshal and his the fire marshal's	2661
employees at conferences and seminars and, the payment of travel	2662
and meal expenses associated with such attendance, and	2663
participation by the fire marshal and his the fire marshal's	2664
employees in committee meetings and other meetings related to	2665
pyrotechnic codes, and the payment of travel and meal expenses	2666
associated with such participation. The use of the fund shall	2667
comply with rules of the department of commerce, policies and	2668
procedures established by the director of budget and management,	2669
and all other applicable laws.	2670

Sec. 3743.64.  (A) No person shall conduct a fireworks	2671
exhibition in this state or act as an exhibitor of fireworks in	2672
this state unless the person is a licensed exhibitor of fireworks.	2673

(B) No person shall conduct a fireworks exhibition in this	2674
state or act as an exhibitor of fireworks in this state after the	2675
person's license as an exhibitor of fireworks has expired, been	2676
denied renewal, or been revoked, unless a new license has been	2677
obtained.	2678

(C) No licensed exhibitor of fireworks shall fail to comply	2679
with the applicable requirements of the rules adopted by the fire	2680
marshal pursuant to divisions (B) and (E) of section 3743.53 of	2681
the Revised Code or to comply with divisions (C) and (D) of that	2682
section.	2683

(D) No licensed exhibitor of fireworks shall conduct a	2684
fireworks exhibition unless a permit has been secured for the	2685
exhibition pursuant to section 3743.54 of the Revised Code or if a	2686
permit so secured is revoked by a fire chief or fire prevention	2687
officer, in consultation with a police chief or other similar	2688
chief law enforcement officer of a municipal corporation,	2689
township, or township police district or with a designee of such a	2690
police chief or other similar chief law enforcement officer,	2691
pursuant to that section.	2692

(E) No licensed exhibitor of fireworks shall acquire	2693
fireworks for use at a fireworks exhibition other than in	2694
accordance with sections 3743.54 and 3743.55 of the Revised Code.	2695

(F) No licensed exhibitor of fireworks or other person	2696
associated with the conduct of a fireworks exhibition shall have	2697
possession or control of, or be under the influence of, any	2698
intoxicating liquor, beer, or controlled substance while on the	2699
premises on which the exhibition is being conducted.	2700

(G) No licensed exhibitor of fireworks shall permit an	2701
employee to assist the licensed exhibitor in conducting fireworks	2702
exhibitions unless the employee is registered with the fire	2703
marshal under section 3743.56 of the Revised Code.	2704

(H)(1) As used in this division:

2705

(a) "Accident" means any action or omission that occurs at a	2706
fireworks exhibition, that results in injury or death, or a	2707
substantial risk of injury or death, to any person, and that	2708
involves either of the following:	2709

(i) The handling or other use of fireworks or associated	2710
equipment or other materials;	2711

(ii) The failure of any person to comply with any applicable	2712
requirement imposed by this chapter or any applicable rule adopted	2713
under this chapter.	2714

(b) "Discharge site" means the area immediately surrounding	2715
the mortars used to fire aerial shells.	2716

(c) "Accident site" means a discharge site or other location	2717
at a fireworks exhibition where an accident occurs, an injury or	2718
death associated with an accident occurs, or evidence of an	2719
accident or an injury or death associated with an accident is	2720
found.	2721

(2) No Except as provided in division (C) of section	2722
3743.541 of the Revised Code, no person shall knowingly, or	2723
knowingly permit another person to, dismantle, reposition, or	2724
otherwise disturb any fireworks, associated equipment, fireworks,	2725
or other materials, or other items within an accident a fireworks	2726
incident site of a fireworks exhibition, or any evidence related	2727
to an accident a fireworks incident, at any time after that person	2728
has reason to believe an accident a fireworks incident has	2729
occurred, before the state fire marshal, the state fire marshal's	2730
designee, a member of the state fire marshal's staff, or other	2731
appropriate state or local law enforcement authorities permit in	2732
accordance with section 3743.541 of the Revised Code the	2733
dismantling, repositioning, or other disturbance of the fireworks,	2734
equipment, materials, or items within the accident fireworks	2735
incident site or of any evidence related to the accident fireworks	2736
incident.	2737

(3) It is an affirmative defense to a charge under division	2738
(H) of this section that, in order to secure an accident site of a	2739
fireworks exhibition or any evidence related to an accident, the	2740
person dismantled, repositioned, or otherwise disturbed materials	2741
within the accident site, or evidence related to the accident,	2742
which, at the time of the dismantling, repositioning, or other	2743
disturbance, still presented a danger of causing an explosion,	2744
fire, or similar threat of additional injury or death to members	2745
of the public.	2746

(I) No fire chief or fire prevention officer, in	2747
consultation with a police chief, shall fail to conduct an	2748
inspection, complete the requisite checklist while conducting the	2749
inspection, or provide a copy of the completed checklist to the	2750
fire marshal in accordance with division (F) of section 3743.53 of	2751
the Revised Code and the rules adopted by the fire marshal	2752
pursuant to division (E)(1)(b) of that section.	2753

Sec. 3743.75. (A) During the period beginning on the	2754
effective date of this section and ending on December 15, 2005,	2755
the state fire marshal shall not do any of the following:	2756

(1) Issue a license as a manufacturer of fireworks under	2757
sections 3743.02 and 3743.03 of the Revised Code to a person for a	2758
particular fireworks plant unless that person possessed such a	2759
license for that fireworks plant immediately prior to the	2760
effective date of this section;	2761

(2) Issue a license as a wholesaler of fireworks under	2762
sections 3743.15 and 3743.16 of the Revised Code to a person for a	2763
particular location unless that person possessed such a license	2764
for that location immediately prior to the effective date of this	2765
section;	2766

(3) Except as provided in division (B) of this section,	2767
approve the transfer of a license as a manufacturer or wholesaler	2768
of fireworks issued under this chapter to any location other than	2769
a location for which a license was issued under this chapter	2770
immediately prior to the effective date of this section.	2771

(B) Division (A)(3) of this section does not apply to a	2772
transfer that the state fire marshal approves under division	2773
(D)(2) of section 3743.17 of the Revised Code. Section 3743.59 of	2774
the Revised Code does not apply to this section.	2775

(C) The department of commerce and the division of state	2776
fire marshal shall devise, by December 15, 2005, a proposal to	2777
provide for the issuance of manufacturer and wholesaler of	2778
fireworks licenses that is based upon demographics and designed to	2779
ensure the safety of the public and send a copy of the proposal to	2780
the president of the senate and speaker of the house of	2781
representatives.	2782

Sec. 3743.99.  (A) Whoever violates division (A) or (B) of	2783
section 3743.60 or division (H) of section 3743.64 of the Revised	2784
Code is guilty of a felony of the third degree.	2785

(B) Whoever violates division (C) or (D) of section 3743.60,	2786
division (A), (B), (C), or (D) of section 3743.61, or division (A)	2787
or (B) of section 3743.64 of the Revised Code is guilty of a	2788
felony of the fourth degree.	2789

(C) Whoever violates division (E), (F), (G), (H), (I), or	2790
(J) of section 3743.60, division (E), (F), (G), (H), (I), or (J)	2791
of section 3743.61, section 3743.63, division (D), (E), (F), or	2792
(G), or (I) of section 3743.64, division (A), (B), (C), (D), or	2793
(F) of section 3743.65, or section 3743.66 of the Revised Code is	2794
guilty of a misdemeanor of the first degree. If the offender	2795
previously has been convicted of or pleaded guilty to a violation	2796
of division (I) of section 3743.60 or 3743.61 of the Revised Code,	2797
a violation of either of these divisions is a felony of the fifth	2798
degree.	2799

(D) Whoever violates division (C) of section 3743.64 of the	2800
Revised Code is guilty of a misdemeanor of the first degree. In	2801
addition to any other penalties that may be imposed on a licensed	2802
exhibitor of fireworks under this division and unless the third	2803
sentence of this division applies, the person's license as an	2804
exhibitor of fireworks or as an assistant exhibitor of fireworks	2805
shall be suspended, and the person is ineligible to apply for	2806
either type of license, for a period of five years. If the	2807
violation of division (C) of section 3743.64 of the Revised Code	2808
results in a serious accident, as defined in division (H) of that	2809
section physical harm to persons or serious physical harm to	2810
property, the person's license as an exhibitor of fireworks or as	2811
an assistant exhibitor of fireworks shall be revoked, and that	2812
person shall not again be eligible is ineligible to apply for a	2813
license as or to be licensed as an exhibitor of fireworks or as an	2814
assistant exhibitor of fireworks in this state.	2815

(E) Whoever violates division (G) of section 3743.65 of the	2816
Revised Code is guilty of a felony of the fifth degree.	2817

Section 4. That existing sections 3743.01, 3743.50, 3743.52,	2818
3743.53, 3743.54, 3743.56, 3743.57, 3743.64, and 3743.99 of the	2819
Revised Code are hereby repealed.	2820

Section 5. That Section 165 of Am. Sub. H.B. 215 of the 122nd	2821
General Assembly, as amended by Sub. H.B. 204 of the 123rd General	2822
Assembly, is hereby repealed.	2823

Section 6. (A) The intent of the General Assembly in	2824
amending sections 3743.01, 3743.02, 3743.03, 3743.04, 3743.05,	2825
3743.06, 3743.07, 3743.08, 3743.15, 3743.16, 3743.17, 3743.18,	2826
3743.19, 3743.20, 3743.21, 3743.40, 3743.44, 3743.45, 3743.50,	2827
3743.51, 3743.52, 3743.53, 3743.54, 3743.58, 3743.59, 3743.60,	2828
3743.61, 3743.64, 3743.65, 3743.66, 3743.68, 3743.80, and 3743.99	2829
and in enacting sections 3743.25, 3743.56, and 3743.70 of the	2830
Revised Code in Section 1 of this act is to reenact the amendments	2831
to, or the enactment of, those sections by Am. Sub. H.B. 215 of	2832
the 122nd General Assembly to protect those sections against a	2833
challenge that their amendment or enactment was invalid because it	2834
violated the prohibition contained in Section 15 of Article II of	2835
the Constitution of Ohio against a bill containing more than one	2836
subject. For purposes of this act, all references in those	2837
sections to "the effective date of this section" or to "the	2838
effective date of this amendment" shall be construed to mean the	2839
effective date of a section or of an amendment to a section by Am.	2840
Sub. H.B. 215 of the 122nd General Assembly.	2841

(B) The intent of the General Assembly in further amending	2842
sections 3743.01, 3743.50, 3743.52, 3743.53, 3743.54, 3743.64, and	2843
3743.99, in amending sections 3743.56 and 3743.57, and in enacting	2844
sections 3743.541 and 3743.75 of the Revised Code in Section 3 of	2845
this act is to:	2846

(1) Recognize the versions of sections 3743.01, 3743.50,	2847
3743.52, 3743.53, 3743.54, 3743.64, and 3743.99 of the Revised	2848
Code that result from Am. Sub. H.B. 215 of the 122nd General	2849
Assembly and Sub. H.B. 405 of the 123rd General Assembly; and	2850

(2) Further amend sections 3743.01, 3743.50, 3743.52,	2851
3743.53, 3743.54, 3743.64, and 3743.99, amend sections 3743.56 and	2852
3743.57, and enact sections 3743.541 and 3743.75 of the Revised	2853
Code to make changes pertaining to fireworks incidents and their	2854
investigation, to the fees charged for fireworks exhibitor	2855
licenses, to the authority of fireworks exhibitor assistants to	2856
work for any fireworks exhibitor, to the maximum balance allowed	2857
in the Fire Marshal's Training and Education Fund, and to the	2858
extension until December 15, 2005, of the general moratorium on	2859
the issuance of new licenses to manufacturers and wholesalers of	2860
fireworks and on approvals of the transfer of their licenses to	2861
other locations.	2862

Section 7. This act is hereby declared to be an emergency	2863
measure necessary for the immediate preservation of the public	2864
peace, health, and safety. The reason for this necessity is that	2865
the provisions of this act relating to the investigation of	2866
fireworks incidents and securing of fireworks incident sites must	2867
be in effect very soon so that they may be enforced during the	2868
2001 summer fireworks exhibition season. Therefore, this act	2869
shall go into immediate effect.	2870