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(123rd General Assembly)(Substitute House Bill Number 405)
AN ACT
To amend sections 3743.53, 3743.54, 3743.64, and 3743.99 of the Revised
Code to require the suspension or revocation of the fireworks exhibitor
license of a person who is convicted of violating fireworks exhibition safety
standards, to require a fire
chief or fire prevention officer, in consultation with a police chief, to
complete a
detailed checklist while inspecting the premises before a
fireworks exhibition takes place to ensure compliance with all
applicable statutory and rule requirements, to require the State
Fire Marshal to adopt uniform standards for the stability of
fireworks exhibition fireworks storage racks, and to generally prohibit
dismantling, repositioning, or otherwise disturbing an accident site of
a fireworks exhibition.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 3743.53, 3743.54, 3743.64, and 3743.99 of the
Revised Code be amended to read as follows:
Sec. 3743.53. (A) The fire marshal shall adopt rules
in accordance with Chapter 119. of the Revised Code
that establish
qualifications that all applicants for licensure as an exhibitor
of fireworks shall satisfy. These rules shall be designed to
provide a reasonable degree of assurance that individuals
conducting public fireworks exhibitions in this state are
proficient in handling and discharging fireworks, are capable of
handling the responsibilities associated with exhibitions as
prescribed by rule of the fire marshal pursuant to division
divisions (B) and (E)
of this section or as prescribed by sections 3743.50 to 3743.55
of the Revised Code, and will conduct fireworks exhibitions in a
manner that emphasizes the safety and security of the public.
The rules shall be consistent with sections 3743.50 to 3743.55 of
the Revised Code and may include, in addition to other
requirements prescribed by the fire marshal, a requirement that
the applicant for licensure successfully complete a written
examination or otherwise successfully demonstrate its proficiency
in the handling and discharging of fireworks in a safe manner and
its ability to handle the responsibilities associated with
exhibitions. (B) The fire marshal shall adopt rules in accordance
with Chapter
119. of the Revised Code that govern the nature and conduct of
public fireworks exhibitions by licensed exhibitors of fireworks.
These rules shall be designed to promote the safety and security
of persons viewing a fireworks exhibition, to promote the safety
of persons who, although not viewing an exhibition, could be
affected by fireworks used at it, and to promote the safety and
security of exhibitors and their assistants. The rules shall be consistent with sections 3743.50 to
3743.55 of the Revised Code,; except as otherwise provided in
this section, shall be substantially equivalent
to the most recent versions of chapters 1123, 1124, and 1126 of the most
recent national fire protection association standards,; and
shall apply to, but
not be limited to, the following subject matters: (1) The construction of shells used in a fireworks
exhibition; (2) The Except as the storage of fireworks is addressed by the
rules adopted under division (E) of this section, the storage and
supervision of fireworks pending their
use in, and during the course of, a fireworks exhibition, and
inspections by exhibitors of fireworks to be used in an
exhibition prior to their use. These rules shall regulate, among
other relevant matters, the storage of fireworks in manners that
will effectively eliminate or reduce the likelihood of the
fireworks becoming wet or being exposed to flame, and appropriate
distances between storage sites and the sites at which fireworks
will be discharged. (3) The installation and nature of mortars used in a
fireworks exhibition, and inspections by exhibitors of mortars
prior to their use; (4) Minimum distances between storage sites, discharge
sites, spectator viewing sites, parking areas, and potential
landing areas of fireworks, and minimum distances between
discharge sites, potential landing areas, and residential or
other types of buildings or structures; (5) The nature of discharge sites and potential landing
sites; (6) Fire protection, the use and location of monitors for
crowd control, the use of fences and rope barriers for crowd
control, illumination, smoking and the use of open flame, and
posting of warning signs concerning smoking or the use of open
flame in connection with fireworks exhibitions. These rules may
provide some authority to local officials in determining adequate
fire protection, and numbers and locations of monitors. (7) Procedures to be followed in the discharging of
fireworks; (8) Weather and crowd-related conditions under which
fireworks may and may not be discharged, including circumstances
under which exhibitions should be postponed; (9) Inspections of premises following a fireworks
exhibition for purposes of locating and disposing of defective or
unexploded fireworks. Inspections shall be required immediately
following an exhibition, and, if an exhibition is conducted at
night, also at sunrise the following morning. (C) All mortars used in a fireworks exhibition that are greater
than or equal to eight inches in diameter shall be equipped with electronic
ignition equipment in accordance with chapter 1123 of the most recent edition
of the
national fire protection association standards. (D) Only persons who are employees of licensed exhibitors of
fireworks and who are registered with the fire marshal under section 3743.56
of the Revised Code shall be permitted within
the discharge perimeter of an exhibition. (E)(1) The fire marshal shall adopt rules in accordance with
chapter 119. of the Revised Code
and consistent with division (E)(3) of THIS section that
establish both of the following: (a) uniform standards for the stability of fireworks
storage
racks used at a fireworks exhibition; (b) a detailed checklist that a fire chief or fire
prevention
officer, in consultation with a police chief, shall complete, while conducting
the
inspection required under division (c) of section 3743.54
of the Revised Code at the premises at which a fireworks
exhibition will take place, to ensure that the exhibition will comply with all
applicable requirements of this chapter, and all
applicable rules adopted under this chapter, that regulate the
conduct of a fireworks exhibition. (2) each licensed exhibitor of fireworks shall comply with the
rules that the fire marshal adopts under division (E)(1)(a) of
this section. (3) Prior to the fire marshal's adoption of the rules referred to in
divisions(E)(1)(a) AND (b) of
this section, the director of commerce shall appoint a committee consisting of
the fire
marshal, three representatives of the fireworks industry, and three
representatives of the fire service industry to assist the fire marshal in
adopting those rules. the fire marshal shall adopt initial rules
under those divisions by not later than May 1, 2001. (F) a fire chief or fire prevention officer, in consultation with
a police chief,
shall conduct the inspection referred to in division(E)(1)(b) of
this section, complete the checklist referred to in division(E)(1)(b) of this section while conducting the
inspection, and provide a copy of the completed checklist to the Fire
Marshal. Sec. 3743.54. (A) A licensed exhibitor of fireworks may
acquire fireworks for use at a public fireworks exhibition only
from a licensed manufacturer of fireworks or licensed wholesaler
of fireworks, and only in accordance with the procedures
specified in this section and section 3743.55 of the Revised
Code. A licensed exhibitor shall not acquire, for any purpose,
1.4G fireworks as designated by the fire marshal in
rules
adopted pursuant to division (A) of section 3743.05 of the
Revised Code. (B)(1) A licensed exhibitor of fireworks who wishes to
conduct a public fireworks exhibition shall apply for approval to
conduct the exhibition to whichever of the following persons is
appropriate under the circumstances: (a) Unless division (B)(1)(c) or (d) of this section
applies, if the exhibition will take place in a municipal
corporation, the approval shall be obtained from the fire chief
and the police chief of the particular municipal corporation;. (b) Unless division (B)(1)(c) or (d) of this section
applies, if the exhibition will take place in an unincorporated
area, the approval shall be obtained from the fire chief of the
particular township or township fire district and the police
chief of the particular township or township police district;. (c) If fire protection services for the premises on which
the exhibition will take place are provided in accordance with a
contract between political subdivisions, the approval shall be
obtained from the fire chief of the political subdivision
providing the fire protection services and the police chief of
the political subdivision in which the premises on which the
exhibition will take place are located. If police services for
the premises on which the exhibition will take place are provided
in accordance with a contract between political subdivisions, the
approval shall be obtained from the police chief of the political
subdivision providing the police services and the fire chief of
the political subdivision in which the premises on which the
exhibition will take place are located. If both fire and police
protection services for the premises on which the exhibition will
take place are provided in accordance with a contract between
political subdivisions, the approval shall be obtained from the
fire chief and police chief of the political subdivisions
providing the police and fire protection services;. (d) If there is no municipal corporation, township, or
township fire district fire department, no municipal corporation,
township, or township police district police department, and no
contract for police or fire protection services between political
subdivisions covering the premises on which the exhibition will
take place, the approval shall be obtained from the fire
prevention officer and law enforcement officer having
jurisdiction over the premises. (2) The approval required by division (B)(1) of this
section shall be evidenced by the fire chief or fire prevention
officer and the police chief signing a permit for the exhibition.
The fire marshal shall prescribe the form of exhibition permits
and distribute copies of the form to fire chiefs, fire prevention
officers, and police chiefs in this state. Any exhibitor of
fireworks who wishes to conduct a public fireworks exhibition may
obtain a copy of the form from the fire marshal or, if it is
available, from a fire chief, fire prevention officer, or police
chief. (C) Before signing a permit is signed and issuing it
issued to a licensed
exhibitor of fireworks, a the fire chief or fire prevention
officer
and, in consultation with the police chief, shall
inspect the premises on which the
exhibition will take place and shall determine that, in fact, the
applicant for the permit is a licensed exhibitor of fireworks.
Each applicant shall show the applicant's license as an
exhibitor of
fireworks to the fire chief or fire prevention officer and the
police chief. The fire chief or fire prevention officer and the police
chief shall give approval to conduct a public fireworks
exhibition only if satisfied, based on the inspection, that
the premises on which the exhibition will be conducted allow the
exhibitor to comply with the rules adopted by the fire marshal
pursuant to division divisions (B) and (E) of
section 3743.53 of the Revised Code
and that the applicant is, in fact, a licensed exhibitor of
fireworks. The fire chief or fire prevention officer and, in
consultation with the
police chief, may inspect the premises immediately prior to the
exhibition to determine if the exhibitor has complied with the
rules, and may revoke a permit for noncompliance with the rules. (D) If the legislative authorities of their political
subdivisions have prescribed a fee for the issuance of a permit
for a public fireworks exhibition, fire chiefs or fire prevention
officers and police chiefs shall not issue a permit until the
exhibitor pays the requisite fee. Each exhibitor shall provide an indemnity bond in the
amount of at least one million dollars, with
surety satisfactory to the fire chief or fire prevention officer and the
police chief, conditioned for the payment of all final judgments
that may be rendered against the exhibitor on account of injury,
death, or loss to persons or property emanating from the
fireworks exhibition, or proof of insurance coverage of at least
one million dollars for liability arising from
injury, death, or loss to persons or property emanating from the
fireworks exhibition. The legislative authority of a political
subdivision in which a public fireworks exhibition will take
place may require the exhibitor to provide an indemnity bond or
proof of insurance coverage in amounts greater than those
required by this division. Fire chiefs or fire prevention
officers and police chiefs shall not issue a permit until the
exhibitor provides the bond or proof of the insurance coverage
required by this division or by the political subdivision in
which the fireworks exhibition will take place. (E)(1) Each permit for a fireworks exhibition issued by a
fire chief or fire prevention officer and the police chief shall
contain a distinct number,
designate the municipal corporation, township, or township fire or
police
district of the fire chief or fire prevention officer and the
police chief, and identify the certified fire safety inspector, fire
chief, or fire prevention officer who will be present before, during, and
after the exhibition, where appropriate. A copy of each permit issued
shall be forwarded by the fire chief or fire prevention officer and the police
chief
issuing it to the fire marshal, who shall keep a record of the
permits received. A permit is not
transferable or assignable. (2) Each fire chief, fire prevention officer, and police
chief shall keep a record of issued permits for fireworks
exhibitions. In this list, the fire chief, fire prevention
officer, or police chief shall list the name of the exhibitor,
the exhibitor's license number, the premises on which the
exhibition will be
conducted, the date and time of the exhibition, and the number
and political subdivision designation of the permit issued to the
exhibitor for the exhibition. (F) The governing authority having jurisdiction in the location
where an exhibition is to take place shall require that a certified fire
safety inspector, fire chief, or fire prevention officer be present before,
during, and after the exhibition, and shall require the certified fire safety
inspector, fire chief, or fire prevention officer to inspect the premises
where the exhibition is to take place and determine whether the exhibition is
in compliance with this chapter. Sec. 3743.64. (A) No person shall conduct a fireworks
exhibition in this state or act as an exhibitor of fireworks in
this state unless the person is a licensed exhibitor of
fireworks. (B) No person shall conduct a fireworks exhibition in this
state or act as an exhibitor of fireworks in this state after
the person's license as an exhibitor of fireworks has expired,
been denied
renewal, or been revoked,
unless a new license has been obtained. (C) No licensed exhibitor of fireworks shall fail to
comply with the applicable requirements of the rules adopted by the
fire marshal pursuant to
division divisions (B) and (E) of section
3743.53 of the Revised Code or to comply with
divisions (C) and (D) of that section. (D) No licensed exhibitor of fireworks shall conduct a
fireworks exhibition unless a permit has been secured for the
exhibition pursuant to section 3743.54 of the Revised Code or if
a permit so secured is revoked by a fire chief or fire prevention
officer and, in consultation with a police chief,
pursuant to that section. (E) No licensed exhibitor of fireworks shall acquire
fireworks for use at a fireworks exhibition other than in
accordance with sections 3743.54 and 3743.55 of the Revised Code. (F) No licensed exhibitor of fireworks or other person
associated with the conduct of a fireworks exhibition shall have
possession or control of, or be under
the influence
of, any intoxicating liquor, beer, or controlled substance while
on the premises on which the exhibition is being conducted. (G) No licensed exhibitor of fireworks shall permit an employee
to assist the licensed exhibitor in conducting fireworks exhibitions unless
the employee is registered with the fire marshal under section 3743.56
of the Revised Code. (H)(1) As used in this division: (a) "Accident" means any action or omission that occurs at
a fireworks exhibition, that results
in injury or death, or a substantial risk of injury or death, to any person,
and that involves either of the following: (i) The handling or other use of fireworks or associated
equipment or other materials; (ii) The failure of any person to comply with any applicable
requirement imposed by this chapter or any applicable rule adopted under this
chapter. (b) "Discharge site" means the area immediately surrounding the
mortars used to fire aerial shells. (c) "Accident site" means a discharge site or other location at
a fireworks exhibition where an accident occurs, an injury or death associated
with an accident occurs, or evidence of an accident or an injury or death
associated with an accident is found. (2) No person shall knowingly, or knowingly permit another person to,
dismantle, reposition, or otherwise disturb
any equipment, fireworks, or other materials within an accident site
of a fireworks exhibition, or any evidence related to an accident, at any time
after that person has reason to
believe an accident has occurred before
the appropriate law
enforcement authorities permit the dismantling, repositioning, or other
disturbance of the materials within the accident site or of any evidence
related to the accident. (3) It is an affirmative defense to a charge under division (H)
of this section that, in order to secure an accident site of a fireworks
exhibition or any evidence related to an accident, the person dismantled,
repositioned, or otherwise disturbed
materials within the accident site, or evidence related to the accident,
which, at the time of the
dismantling, repositioning, or other disturbance, still presented a
danger of causing an explosion, fire, or similar threat of additional injury
or death to members of the public. (I) No fire chief or fire prevention officer, in consultation
with a police chief,
shall fail to conduct an inspection, complete the requisite
checklist while conducting the inspection, or provide a copy of the completed
checklist to the Fire Marshal in accordance with division (F) of
section 3743.53 of the Revised Code and the rules adopted by the
fire marshal pursuant to division (E)(1)(b) of that
section. Sec. 3743.99. (A) Whoever violates division (A) or (B) of section 3743.60
or division (H) of section 3743.64 of the Revised
Code is guilty of a felony of the third degree. (B) Whoever violates division (C) or (D) of section 3743.60, division (A),
(B), (C), or (D) of section 3743.61, or division (A) or (B) of section 3743.64
of the Revised Code is guilty of a felony of the fourth degree. (C) Whoever violates division (E), (F), (G), (H), (I), or (J) of section
3743.60, division (E), (F), (G), (H), (I), or (J) of section
3743.61, section 3743.63, division (C), (D), (E), (F),
or (G), or (I) of section
3743.64, division (A), (B), (C), (D),
or (F) of section 3743.65, or section 3743.66 of the
Revised Code is guilty of a misdemeanor of the first degree. If the
offender previously has been convicted of or pleaded guilty to a violation of
division (I) of section 3743.60 or 3743.61 of the Revised Code, a violation of
either of these divisions is a felony of the fifth degree. (D) Whoever violates division (C) of section 3743.64 of the
Revised Code is guilty of a misdemeanor
of the first degree. In addition to any other penalties that may
be imposed on a licensed exhibitor of fireworks under this
division and unless the third sentence of this division applies, the person's
license as an exhibitor of fireworks or as an assistant exhibitor of fireworks
shall
be suspended for a period of five years. If the violation of division
(C) of section 3743.64 of the Revised Code results
in a
serious accident, as defined in division (H) of that section, the
person's license as an exhibitor of fireworks or as an assistant exhibitor of
fireworks shall be revoked, and that
person shall not again be eligible to be licensed as an exhibitor of
fireworks or as an assistant exhibitor of fireworks in this state. (E) Whoever violates division (G) of section 3743.65
of the Revised Code is guilty of a felony of the fifth degree. SECTION 2 . That existing sections 3743.53, 3743.54, 3743.64, and 3743.99
of the Revised Code are hereby repealed.
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