To amend sections 3743.53, 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 increase the distance or establish physical barricades between fireworks discharge sites and spectator viewing sites, and to prohibit dismantling, repositioning, or otherwise disturbing the discharge site of a fireworks exhibition at which an accident has occurred.

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

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 (B) 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 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;. ANY RULES ADOPTED PURSUANT TO THIS DIVISION WITH RESPECT TO THE MINIMUM DISTANCE BETWEEN DISCHARGE SITES AND SPECTATOR VIEWING SITES EITHER SHALL DOUBLE THE MINIMUM DISTANCE BETWEEN DISCHARGE SITES AND SPECTATOR VIEWING SITES REQUIRED BY THE MOST RECENT NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS OR SHALL REQUIRE A PHYSICAL BARRICADE TO BE PLACED BETWEEN DISCHARGE SITES AND ANY SPECTATOR VIEWING SITES. FOR THE PURPOSE OF THIS DIVISION, "BARRICADE" MEANS AN ARTIFICIAL BARRIER CONSTRUCTED OF MOUNDED EARTH, SANDBAGS, CHAIN LINK FENCING, OR OTHER EQUIVALENT FENCING MATERIAL.

(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.

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 rules adopted by the fire marshal pursuant to division (B) 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 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 AND THAT RESULTS IN UNINTENDED INJURY OR DEATH TO A PERSON.

(b) "DISCHARGE SITE" MEANS THE AREA IMMEDIATELY SURROUNDING THE MORTARS USED TO FIRE AERIAL SHELLS.

(2) NO PERSON SHALL DISMANTLE, REPOSITION, OR OTHERWISE DISTURB ANY EQUIPMENT, FIREWORKS, OR OTHER MATERIALS WITHIN THE DISCHARGE SITE OF A FIREWORKS EXHIBITION AT ANY TIME AFTER THAT PERSON HAS REASON TO BELIEVE AN ACCIDENT HAS OCCURRED THAT INVOLVES THE DISCHARGE SITE AND BEFORE THE APPROPRIATE LAW ENFORCEMENT AUTHORITIES PERMIT THE DISMANTLING, REPOSITIONING, OR OTHER DISTURBANCE OF THE MATERIALS WITHIN THE DISCHARGE SITE.

(3) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER DIVISION (H) OF THIS SECTION THAT, IN ORDER TO SECURE THE DISCHARGE SITE OF A FIREWORKS EXHIBITION, THE PERSON DISMANTLED, REPOSITIONED, OR OTHERWISE DISTURBED MATERIALS WITHIN THE DISCHARGE SITE WHICH, AT THE TIME OF THE DISMANTLING, REPOSITIONING, OR OTHER DISTURBANCE, STILL PRESENTED A DANGER OF CAUSING ADDITIONAL INJURY OR DEATH TO MEMBERS OF THE PUBLIC.

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) 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 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 SHALL BE REVOKED, AND THAT PERSON SHALL NOT AGAIN BE ELIGIBLE TO BE LICENSED AS AN 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.